TechnoWaste® – Terms & Conditions – Supply of Services & Goods

 

The terms below apply to our supply of services and goods to you (Agreement). All references to: (a) “you” means the individual or business customer requesting the services and / or goods from us; (b) “we”, “our” or “us” means TechnoWaste® (56 749 178 926); “services” means the services we provide to you as described on our website and as further described in this Agreement, including on-site services and remote services; “goods” means all products and other goods (including software) supplied by us to you, and “website” means www.technowaste.net.

1.  Purchasing services from us

You may purchase services from us as follows:

1. (a)   In The Field – see clause 1.1;

2. ​

1.1  In The Field

1. (a)   We will perform the services and supply the services specified in the booking confirmation email at the rates specified in that booking confirmation email.
    

2.  Business Hours

We provide our services during the following hours (Business Hours). All hours are (AEST) Victorian time:

1. (a)   :

   • Monday to Friday: 9am to 5pm (after 5pm By Appointment)

   • : By Appointment

   • : By Appointment

   • Victorian Public Holidays: By Appointment

3.  On-Site Services

3.1  Duration & charging

For services that we provide to you on-site, please note that:

1. (a)   a collection flat fee of $85.00 for up to 20km from base for large and bulk items;

2. (b)   further charging as per quote for longer distance travelled and larger bulk items;

3.2  Your On-Site Services obligations

(a)   You must ensure that a person of at least 18 years of age is present for the duration of the provision of on-site services.

1. (b)   You must provide our staff who provide on-site services with:

   • access to the areas of your premises necessary to provide services;

   • access to your e-waste;

   • a safe working environment and working space; and

   • electrical power and internet access (where applicable).

2. (c)   You agree to comply with all relevant policies and procedures we advise from time to time on our website.

3. (d)   You must ensure you do not cause any harm or injury to our on-site staff.

3.3 E-Waste collection

1. (a) You agree that you have permanently erased all data on any storage devices whether working or not working, whether loose, individual or contained in computers, servers, laptops, tablets, phones and any other device that contains private and sensitive information that we collect at your request.

2. (b) You agree to indemnify us, our staff and our related entities, employees and agents, and hold us each harmless from any loss, damage, costs, or expense, breach of your privacy and sensitive information which arises from your breach of this agreement.

 

 

4.  Collection services

4.1  Your Collection Services obligations

Where we provide you with collection services, you must:

1. (a)   backup all of your data before collection;

2. (b)   be the lawful owner of collected items;

4.2  Wheelie Bins

By having our Wheelie Bins on your site, you agree to and understand that our:

• Wheelie Bins remain our property;

• We can remove our Wheelie Bins from your site at anytime;

• Theft, willful or malicious damage of our Wheelie Bins will incur a replacement fee of $125.00;

• Anything other than e-waste put into our Wheelie Bins will incur a fee of $50.00 to remove and dispose of non e-waste items;

• Our Wheelie Bins must only be used for the purpose intended, i.e. for placing approved e-waste in our bins;

• We will not be liable for any damage to your site, structures, property, injury to any persons on your site, your financial loss as per and including see clause 8.5 of these terms and conditions;

 

5.  Your warranties, authorisations and acknowledgements

5.1  No third party infringement

You warrant that: (a) you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access and collect for you, and (b) providing our services in relation to those things does not violate any third party rights.

5.2  Access to your E-Waste/PC/laptop/Tablet/Phone, systems and data

You consent and authorise us to:

1. (a)   access your nominated e-waste items in order to provide our collection services.

5.3  Your Data back-up obligation

You are responsible for ensuring your data, software and media is backed-up prior to us collecting your systems or technology to provide our services. We are not be responsible at any time for any data loss, alteration or corruption of any such data , software or media.

5.4  Acknowledgements and disclaimers

You acknowledge that, to the extent permitted by law (including the Australian Consumer Law):

1. (a)    (other than our same day guarantee, any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays).
    

2. (b)    (you agree that we are not liable for any loss or damage that results from your failure to follow our instructions, recommendations or advice).

 

6.  Payment

6.1  All services fees and other fees are payable by you immediately on completion of services.

6.2  All fees are payable by paying cash or Netbank EFT/Transfer immediately on completion of services.

6.3  Unless otherwise stated, all fees are inclusive of GST.

6.4 No Credit Accounts.

7.  Privacy:

We will comply with the Privacy Act 1988 (Cth) and act in accordance with our Privacy Policy which is this.

 

Our privacy policy is simple, we don't keep, store, use, sell any of your information. We only keep what we need to contact you and to facilitate our business transactions with you, i.e. email addresses and phone numbers for collections and invoicing.

 

8.  Liability

8.1  Australian Consumer Laws

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

 

8.2  To the extent permitted by law (including the Australian Consumer Law), our liability to you (whether arising in contract, negligence or otherwise) is limited to (at our option):

1. (a)   in relation to services:

   • supplying of the services again; or

   • payment of the cost of having the services supplied again.

The above limitation, however, will not apply to our liability for death, personal injury or tangible property damage to your place of business directly caused by us, or to the extent that liability is caused by our gross negligence, willful misconduct or fraud.

 

8.3  You agree that, to the extent permitted by law (including the Australian Consumer Law), we will not be liable to you (whether in contract, negligence or otherwise) for any:

• interruption of business;

• loss of revenue, profits or business reputation;

• delays or service disruptions;

• loss, alteration or corruption of data, software or media;

• events beyond our reasonable control,

except to the extent that liability is caused by our gross negligence, willful misconduct or fraud.

8.4  We are also not liable to the extent any loss:

1. (a)   is caused by you (for example, through your negligence or breach of contract);

2. (b)   results from your failure to follow our advice or reasonable directions or to take reasonable steps to avoid or minimise your loss.

8.5  Indemnity

You agree to indemnify us, our staff and our related entities, employees and agents, and hold us each harmless from any loss, damage, costs, or expense which arises from your breach of this Agreement, including but not limited to your non-payment of any fees or charges applicable to your booking, services or subscription, a breach of your on-site, collection service or data back-up obligations (clauses 4.1 and 5.3), infringement by you of third party rights (clause 5.1), our reliance on any warranty, authorisation or consent (clause 5.2), or acknowledgement (clause 5.4) provided under this Agreement or in connection with our services, or any negligent, wrongful, illegal or fraudulent act or omission by you, any unauthorised use of your subscription, support pack or credit account caused by your wrongful act or omission, except to the extent that liability is caused by our gross negligence, wilful misconduct or fraud.

9.  Termination & Suspension

9.1  A party may terminate this Agreement immediately on written notice to the other if: (a) the other party breaches a term of this agreement which is not capable of remedy; or (b) where the breach is capable of remedy, the other party fails to remedy the breach within 10 days of written notice of the breach.

 

9.2  We may suspend the services at any time to the extent we reasonably believe necessary due to your breach of this Agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of our services or systems.

 

10.  Changes to Terms

10.1  We may change the terms of this Agreement from time to time.

10.2  Notwithstanding the above, nothing prevents us:

1. (a)   changing policies and procedures associated with this Agreement (eg on-site Covid-19 procedures) where reasonably required in the circumstances; or

2. (b)   to make urgent changes to this Agreement that are are required by law, or reasonably necessary for security or technical reasons or to prevent fraud or misuse of the services.

10.3  You acknowledge that we may withdraw services offerings from time to time.

(a) endeavour to provide you with reasonable advance notice of such services / offering withdrawals.

11.  Unforeseeable Circumstances

We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Unforeseeable Circumstances“). Unforeseeable Circumstances events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency.

12.  Governing Law

This Subscription Agreement is governed by the laws of Victoria.

13.  Notices, Feedback and Information

1. (a)   () You agree that any notices or other communications may be provided to you by email (to the email address you have provided to us as part of the initial services request). You must promptly notify us if you change your email address. You may send notifications to us via email.

2. (b)   We welcome your feedback. You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.

14.  General terms

1. (a)    – You must not assign this Agreement (or any Subscriptions), except with our prior written consent.

2. (b)    – A failure or delay in exercising any right, power or remedy does not operate as a waiver.

3. (c)    – If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.

4. (d)    – Any provision of this Agreement which is by its nature a continuing obligation will survive termination of this Agreement.

5. (e)    – A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation.