Last updated on 10/12/2018
These terms and conditions (Terms), govern your use of the booking website located at www.onlineskipbins.com.au (Website) and the terms under which you or the company you represent (the Customer, you) will hire a Skip and/or Skip Services from third party suppliers listed on the Website.
By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, ONLINE SKIP BINS PTY LTD ABN 53 624 963 631 (Online Skip Bins, our, we, us). The booking you make on the Website will be subject to third party service provider terms and conditions, which we can provide to you on request.
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website or booking of any services following such an update will represent an agreement by you to be bound by the Terms as amended.
PART 1: USE OF THE WEBSITE
1. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
2. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Online Skip Bins;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Online Skip Bins, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
(iv) instigate or participate in a denial-of-service attack against the Website.
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
4. INTELLECTUAL PROPERTY
(a) Online Skip Bins retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Online Skip Bins or as permitted by law.
5. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility.
(b) We have no control over the content of the linked websites and we are not responsible for it.
(c) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Online Skip Bins does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
7. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PART 2: HIRE TERMS
9. AGENCY AND THIRD PARTY TERMS
(a) We act as an agent for skip suppliers and Skip Services providers (Suppliers). Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make bookings on your behalf and to arrange relevant contracts between you and the Suppliers.
(b) We exercise care in selecting high quality Suppliers, but we are not ourselves a hirer of Skips or a provider of Skip Services and have no control over, or liability for, the services provided by the Suppliers.
(c) All bookings are made on your behalf subject to the terms and conditions imposed by the Suppliers. We can provide you with copies of the relevant Supplier terms and conditions on request.
(d) Your legal rights in connection with the hire of a Skip or Skip Services are against the specific Supplier and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
10. OFFER TO HIRE
(a) By submitting an order for hire of a Skip and/or Skip Services using the Website’s functionality (Hire Order) you represent and confirm that you:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your order.
(b) Submitting a Hire Order constitutes your intention and offer to enter into a contract, where you will hire a Skip and/or Skip Services from a third-party Supplier in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
The price of the Skip hire or Skip Services is that stated on the Website at the time of acceptance of your Hire Order, unless otherwise expressly agreed by us in writing. Prices quoted are based on the information which you submit to the Website, and we reserve the right to vary prices if that information is incorrect.
11.2 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
All delivery times provided to you are estimates only and are subject to reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries or non-deliveries except as set out in clause 16 below.
You must pay the Fees to Online Skip Bins, in the amounts and using the payment method set out in the Hire Order or as otherwise agreed in writing.
13.2 TIME FOR PAYMENT
Unless otherwise agreed in writing:
(a) you must pay for any Skip hire or Skip Services on or prior to submitting a Hire Order; and
(b) in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.
Unless otherwise indicated, amounts stated in a Hire Order and/or on our Website include GST.
13.4 CARD SURCHARGES
Online Skip Bins reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
14.1 CANCELLATIONS BY ONLINE SKIP BINS
We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
14.2 CANCELLATIONS BY CUSTOMER
(a) You may cancel an order by giving us at least 24 hours’ notice of the cancellation prior to the delivery date specified in your Hire Order.
(b) All cancellations will incur a $5.00 booking fee (Booking Fee).
(a) You may vary an order by giving us at least 24 hours’ notice of the cancellation prior to the delivery date specified in your Hire Order.
(b) All variations will be incur a Booking Fee and be subject to Supplier’s approval and any reasonable variation costs imposed by the Supplier.
(a) We do not offer change of mind refunds.
(b) We will provide a full refund of the Fees paid in respect of:
(i) any ordered services not provided due to failure or delay by a Supplier; or
(ii) any services provided not being substantially the same as the services requested in the Hire Order;
provided you request the refund not more than five (5) Business Days of the scheduled delivery date and subject to confirmation of the failure, delay or substantially incorrect service by Supplier.
17. USE CONDITIONS
The Customer must comply with the provisions of the Suppliers’ terms and conditions and/or any written or verbal instructions of the Suppliers while the Skip is in the Customers’ possession or while the Skip Services are being provided.
In the absence of such provisions and/or instructions, the Customer must not:
(a) light fires or burn or allow fires or the burning of Waste in the Skip;
(b) place or allow to be placed in the Skip or included in the Waste any liquids or any explosive, toxic, dangerous, hazardous, noxious materials or any other environmentally unfriendly substances including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete;
(c) fill or allow any Skip to be filled higher than the top of its sides or in such a manner that may result in spillage of Waste from the Skip either while stationary or in transit; or
(d) use or move or allow any Skip to be used or moved to any location, other than the Job Site, or in contravention of these Terms or any law involving a penalty, or for any illegal purpose whatsoever or for any purposes not expressly agreed or reasonably anticipated by the Hire Order or these Terms.
You will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the delivery, placement and removal of any Skip.
18.OWNERSHIP, TITLE AND POSSESSION
(a) The Skips are, and will at all times be and remain, the property of the Supplier/s, notwithstanding delivery of any Skip to you or the possession and use of the Skips by you.
(b) You will not have any right, title or interest in or to the Skips except as expressly set out in these Terms.
You must not, without Online Skip Bins ’s prior written consent, part with possession of the Skips during the Rental Term.
19. RISK, LIABILITY AND INDEMNITIES
(a) Except for fair wear and tear, you will bear all risk of loss or destruction of, or damage to, the Skips during the Rental Term, or otherwise when the Skips are in your possession.
(b) You must compensate the relevant Supplier for any costs of repair or replacement in relation to any loss, theft, damage or destruction set out in clause 19.1(a).
(c) You must bear all risks and liability for the Skips and their use, operation, maintenance, repair and storage (including but not limited to loss of profits, loss of revenue, consequential damage, inconvenience or loss of use for any period of time) and for injuries to or deaths of persons and damage to property arising in connection with such use, operation, maintenance, repair or storage.
To the extent permitted by law, Online Skip Bins’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with these Terms:
(a) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and
(b) is limited, insofar as concerns other liability, to the total money paid to Online Skip Bins under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
You indemnify Online Skip Bins from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) the casual maintenance, use, storage or use of the Skips during the Rental Term or otherwise when the Skips are in your possession;
(b) injuries to or deaths of persons and damage to property in connection with the Skips during the Rental Term or otherwise when the Skips are in your possession;
(c) any breach of this Agreement by you; or
(d) any negligent, fraudulent or criminal act or omission on your part.
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
(b) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Online Skip Bins’s liability for breach of that non-excludable condition, warranty or guarantee will, at Online Skip Bins ’s option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
21.1 GOVERNING LAW
This Agreement is governed by the law applying in Queensland, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
(a) Nothing contained in these Terms creates an agency, partnership, joint venture or employment relationship between Online Skip Bins and the Customer or any of their respective employees, agents or contractors.
(b) Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.
This Agreement may only be amended by a document signed by each party.
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
21.7 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
21.8 ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
21.9 FORCE MAJEUR
Neither Online Skip Bins nor the Supplier will be liable for any failure or delay in complying with any obligation imposed by these Terms if the failure or delay arises directly from an any circumstance beyond Online Skip Bins’ or Supplier’s control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies
In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:
|Business Days||means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Brisbane, Queensland.|
|Fees||has the meaning set out a the Hire Order.|
|Job Site||means the job site specified in the Hire Order.|
|Hire Order||has the meaning set out in clause 10 of these Terms.|
|Rental Term||means the period of Skip rental, from the Start Date, set out in the Hire Order.|
|Skip||means a Waste container provided by Supplier to you forming part of the Skip Services.|
|Skip Services||means the services requested by you and referred to in the Hire Order, including the delivery and hire of the Skip, the collection of the Skip and disposal of Waste contained in the Skip.|
|Start Date||has the meaning set out in the Hire Order.|
|Waste||means the waste, rubbish and other refuse deposited by or for you in the Skip/s as part of a Skip Service.|
In this agreement, the following rules of interpretation apply:
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (currency) a reference to “$” or “dollar” is to Australian currency;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.