1. Platform Role — Introduction Only

Noyo Pty Ltd ("Noyo", "the Platform") operates solely as a digital introduction and lead-generation service. Noyo introduces customers who require plant and equipment hire to rental companies listed on the Platform. Noyo is not a party to any hire agreement, rental contract, or transaction between you and any customer.

2. No Responsibility for Transactions

Noyo bears absolutely no responsibility or liability of any kind for: (a) any rental agreement, contract, or arrangement entered into between you and a customer; (b) payments, non-payments, or payment defaults by any customer; (c) the creditworthiness, financial standing, or credit rating of any customer; (d) disputes, disagreements, or legal proceedings between you and any customer; (e) the fitness, suitability, or availability of any equipment for a customer's stated purpose.

2a. Machine Selected by Customer — Verify With Customer Before Supply

Where a customer selects, requests, or accepts a machine through the Platform, the machine shown to that customer was suggested by Noyo on a best-effort basis using the information the customer provided in their search or enquiry. Noyo does not verify that the suggested machine is in fact correct or suitable for the customer's actual job. Before supplying any machine in response to a Noyo enquiry, you must independently confirm with the customer that the machine they have requested is the right machine for their job — including capacity, lift height, reach, attachments, terrain, access, power source, and any compliance requirement. You are the equipment expert in this transaction; the customer is relying on your professional verification, not on Noyo's suggestion.

2b. No Liability for Payment, Compensation, or Wrong-Machine Outcomes

Noyo accepts absolutely no liability whatsoever for: (a) any payment, deposit, hire fee, transport charge, damage charge, or invoice arising from any enquiry routed through the Platform — whether paid, partially paid, unpaid, disputed, refunded, or written off; (b) any compensation claim, refund demand, chargeback, or financial loss arising from a machine being later determined to be unsuitable or wrong for the customer's job, including where the machine was the one Noyo originally suggested or displayed; (c) any consequential loss, downtime cost, lost-job claim, or business interruption suffered by you or by the customer because the machine supplied did not fit the job; (d) any goodwill, refund, or compensation you choose to provide to a customer for any reason. All payment, compensation, refund, and dispute arrangements are entirely between you and the customer. Noyo is not a payment processor, escrow agent, or guarantor and assumes no role of any kind in financial flows.

2c. Choosing the Right Machine Is a Shared Legal Responsibility Between You and the Customer — Not Noyo

Under Australian Work Health & Safety (WHS) law — including the Model WHS Act 2011 as enacted in each State and Territory, the WHS Regulations, and parallel legislation such as the Occupational Health & Safety Act 2004 (Vic) — both you (as supplier of plant) and the customer (as the Person Conducting a Business or Undertaking and as employer) have non-delegable legal duties to ensure that any plant supplied or used is the correct, safe, and fit-for-purpose machine for the work being done.

Specifically:

(a) As a supplier of plant under WHS Regulation 211–212 (or the equivalent provision in your jurisdiction), you must, so far as is reasonably practicable: ensure the plant is without risks to health and safety; provide adequate information to the customer about the plant's intended use, safe operating conditions, capacity limits, load charts, lift heights, reaches, attachments, terrain suitability, power requirements, and any conditions of safe use; verify (before supply) that the plant being delivered is the correct model, capacity, and configuration for the customer's stated job;

(b) As the hirer / PCBU / employer, the customer must, so far as is reasonably practicable: identify their job requirements; verify that the machine offered will perform the task safely; ensure operators hold the relevant High Risk Work Licence (HRWL) where required (e.g. EWP > 11m, slewing crane, telehandler, forklift); provide a safe site, Safe Work Method Statement (SWMS), traffic management plan, and ground/surface assessment; and supervise their workers in accordance with their own duties under the WHS Act.

Noyo is not a "supplier", "designer", "manufacturer", or "importer" of plant under WHS legislation. Noyo is a digital introduction platform. Noyo does not supply, deliver, inspect, certify, or operate any machine. The non-delegable duties described above sit entirely with you (as supplier) and the customer (as hirer / PCBU). Noyo accepts no responsibility, no duty, and no liability of any kind in respect of those duties, including any failure by you or the customer to discharge them. If a machine routed through the Platform turns out to be the wrong machine, undersized, oversized, miscapacitied, miscompliant, or otherwise unsuitable for the work being done, that is a matter solely between you and the customer, to be resolved in accordance with your respective WHS duties, your hire agreement, and the Australian Consumer Law.

2d. Operator Competency, Licensing & Site Safety

You must satisfy yourself that, before supplying any machine: (a) the customer has confirmed that operators hold a current and appropriate HRWL (where applicable) — including LF/LO/LB licences for forklifts and order pickers, WP licence for boom-type EWPs over 11m, C2/C6/CB/CN/CO/CT/CV crane licences, and any state-specific endorsements; (b) the customer has confirmed the site is safe for the machine to access and operate (ground bearing capacity, slope, overhead clearance, exclusion zones, services located); (c) the customer has confirmed a SWMS or equivalent risk assessment has been completed for the work; (d) you have supplied any pre-start checklist, operator's manual, load chart, and inspection documentation required for safe operation. Noyo does not verify any of the above on your behalf and accepts no responsibility for any failure by the customer or by you to verify them.

2e. Indemnity

You indemnify Noyo, its directors, officers, employees, contractors, and related entities against any claim, loss, damage, fine, penalty, prosecution, regulatory action, legal cost, or third-party claim of any kind arising directly or indirectly from: (i) any machine you supply or fail to supply through a Noyo-routed enquiry; (ii) any breach by you of your WHS duties as supplier of plant; (iii) any injury, death, property damage, or business loss occurring on a site where a machine supplied through Noyo is in use; (iv) any false, misleading, or deceptive representation made by you to a customer; (v) any breach by you of these Terms. This indemnity survives termination of your use of the Platform.

2f. Australian Consumer Law

Nothing in these Terms purports to exclude, restrict, or modify any guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law. To the maximum extent permitted by law, all other warranties, representations, and conditions are excluded.

3. No Responsibility for Transport & Logistics

All transport, delivery, collection, float costs, and logistics are entirely the responsibility of you and the customer. Noyo has no involvement and accepts no liability for transport arrangements, costs, delays, damage in transit, or any loss arising from the movement of equipment to or from any site.

4. Equipment Condition & Damage

Noyo accepts no responsibility for damage to equipment, loss of equipment, equipment breakdown, equipment unsuitability, accidents involving equipment, or any claim arising from the condition or use of equipment. All such matters are solely between you and the customer.

5. Distance & Location Estimates

All distances displayed on this Platform are approximate estimates only, calculated using air-distance or road-distance algorithms. These figures are not accurate navigation measurements and must not be relied upon for pricing, logistics planning, or any commercial decision. You must verify all distances and transport costs independently before quoting.

6. Enquiry Routing & Lead Quality

Noyo does not guarantee the quality, accuracy, or seriousness of any enquiry routed to you. All information provided by customers (including site addresses, machine requirements, hire duration, and business details) is provided by the customer and has not been verified by Noyo. You must conduct your own due diligence before quoting or committing to any job.

7. No Guarantee of Business

Noyo makes no guarantee that you will receive any minimum number of enquiries, leads, or jobs. Listing on the Platform does not guarantee any business outcome.

8. Pricing & Quote Accuracy

All pricing, quotes, and estimates you provide through the Platform are your sole responsibility. Noyo accepts no responsibility for quoting errors, underquoting, overquoting, or any financial loss resulting from a quote you submit.

9. Reputation & Business Standing

Noyo accepts no responsibility for any damage to your reputation, goodwill, or business standing arising from your participation on the Platform, interactions with customers, or any review, rating, or comment submitted by any user.

10. Limitation of Liability

To the fullest extent permitted by law, Noyo's total liability to you for any claim whatsoever shall not exceed the amount of any subscription or listing fees paid by you to Noyo in the 30 days preceding the claim. Noyo shall not be liable for any indirect, consequential, special, or punitive damages of any kind.

11. Your Own Enquiries

You are solely responsible for conducting your own independent enquiries, verification, and due diligence in respect of every customer, job site, transaction, and piece of equipment. Do not rely solely on information provided through this Platform. Seek independent legal, financial, or technical advice where appropriate.

12. No Use of the Customer Side for Competitive Intelligence

You agree that you, your employees, your contractors, your related entities, your friends, your family members, and any other person acting at your direction or on your behalf must not use the Noyo customer side of the Platform to gather pricing, rates, availability, lead-time, or any other commercial information from any other rental company listed on Noyo. This restriction applies regardless of whether the customer-side account is registered in your business's name, your own name, a related entity's name, an employee's name, a friend's or family member's name, or any other name.

Specifically, you must not, directly or indirectly:

(a) register, hold, or operate a Noyo customer account for the purpose of obtaining quotes from competing rental companies in order to benchmark, undercut, monitor, or otherwise gather commercial intelligence on those competitors;

(b) ask, instruct, encourage, pay, or arrange for any other person (including a customer, a friend, an employee, a family member, a consultant, or any third party) to submit a customer enquiry on Noyo for the purpose of obtaining competitor pricing or commercial information that you intend to access, see, or use;

(c) view, copy, photograph, screenshot, transcribe, redistribute, or use any quote, rate, or commercial term submitted by another rental company through the Platform other than for the legitimate purpose of comparing your own quote performance via Noyo's analytics tools provided to you as a logged-in rental company;

(d) submit fictitious enquiries, use fictitious site addresses, or fabricate the circumstances of an enquiry in order to draw out competitor pricing.

Examples of conduct that breaches this clause: a director or employee of your business registering as a Noyo customer under their personal name and submitting enquiries to see what your competitors quote; asking a customer to forward you the quotes they have received from your competitors so you can benchmark your pricing; arranging for a friend's business or a related entity to submit fake enquiries each month for market-rate tracking; paying a third-party broker to harvest competitor pricing through customer-side enquiries on Noyo.

Noyo monitors enquiry patterns, ABN registrations, IP addresses, device fingerprints, mobile numbers, and addresses to identify suspected breaches of this clause. If Noyo reasonably suspects a breach, Noyo may (without notice and without limiting any other right): (i) suspend or terminate your rental-company account, your customer-side account, and any account Noyo reasonably believes is linked to you; (ii) revoke any plan, listing, or sponsorship you hold; (iii) disclose your identity, ABN, contact details, and breach details to affected rental companies; (iv) recover from you, as a debt due and payable, an amount equal to the value of the quote-unlock fees that would have applied had the offending enquiries been treated as ordinary leads to your competitors, plus the reasonable value of competitor time wasted in responding to those enquiries, plus reasonable administration costs; (v) commence legal proceedings for breach of contract, misuse of confidential information, deceit, or any other available cause of action; and (vi) refuse to route further enquiries to you on the Platform.

You acknowledge that pricing strategy and lead-fee economics are central to Noyo's commercial model and to the trust between Noyo and listed rental companies, that breaches of this clause cause real and quantifiable loss, and that the remedies above are reasonable and proportionate.

13. Governing Law

These terms are governed by the laws of New South Wales, Australia. Any dispute shall be subject to the exclusive jurisdiction of the courts of New South Wales.