Terms and conditions for online ordering of bins and waste disposal services.

Section 1. Compliance with these terms and conditions

1.1 This online ordering site at www.dadi.com.au is a website where you can browse, select and order services advertised on the site from Dial A Dump Industries Pty Ltd (“DADI”, “us” or “we”). Please read these terms and conditions before accessing or using the site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the site. Your access to and use of the site, including your order of services through the site, is subject to these terms and conditions.

1.2 You agree to bound by, and comply with, these terms and conditions by using the site to obtain services from us.

Section 2. Placing an order for services

2.1 You may order services by selecting and submitting your order through the site in accordance with these terms and conditions. Any order placed through this site for goods or services is an offer by you to purchase the particular services for the price notified (including the delivery and other charges and taxes) at the time you place the order subject to additional charges as explained in these terms and conditions.

2.2 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site. You agree to provide us with current, complete and accurate details when asked to do so.

Section 3. Acceptance or rejection of an order

3.1 We reserve the right to accept or reject your order for any reason, including if the requested goods or services is not available, if there is an error in the price or the product posted on the site or in your order, if you have failed to the requisite permits from the local council, if you have failed to provide access or ensure someone is present at the delivery address to receive the order or for any other reason not arising from our own negligence. In such cases we will not provide you with the goods or services and will not be liable to you for not doing so.

3.2 Each order placed for goods or services through the site that we accept results in a separate binding agreement between you and us for the supply of those goods or services. For each order accepted by us, we will supply the goods or services in that order to you in accordance with these terms and conditions.

3.3 If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

3.4 If you wish to place an order that differs from our ordering requirements, then you will need to contact our Customer Service on (02) 9519 9999 during office hours (Monday to Friday 06:30am to 05:30pm and Saturday 6:30am to 01:00pm Australian Eastern Daylight Time). If we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders.

Section 4. Delivery of goods or services

4.1 We will only deliver goods or services ordered through the site to a location where we provide delivery services. During the ordering process, you need to select a date for us to deliver your order to you. You also agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order that we have accepted.

4.2 We will inform you of the window of time in which delivery is expected to take place and endeavour to deliver the goods or services to you at the address and at the time nominated but we will not be liable for any failure to do so. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of such delay as soon as reasonably possible.

4.3.You agree to be present to accept the delivery of that order and, at our request, provide us with photographic identification. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks. You agree to sign a docket acknowledging delivery.

4.4 It is your responsibility to ensure that you or an appropriate person (for example, above 18 years old) is at the delivery address at the time of delivery. If there is no one or no appropriate person at the delivery address to receive the order then we will not deliver the goods or services you have ordered and we will charge you an additional fee for the wasted trip.

4.5 You acknowledge and agree that any person at the delivery address who receives the goods or services is authorised by you to receive your order and, where relevant, make payment for that order.

4.6 It is your responsibility to ensure that there is sufficient vehicular access to the property at the delivery address. We recommend you check our access requirements by contacting Customer Service on (02) 9519 9999 or by viewing the Dial A Dump Industries Fleet in the About Us Section of the site. Additional fees will be charged to you if extra trips are required because access is not given at the time of delivery.

4.7 The local council may require you to obtain a permit to stand a bin on a roadway footpath or other public place. Online ordering will not permit an order to be placed unless a permit is not required or you confirm that you have obtained a permit.

4.8. If you proceed with an online order on the basis that you have obtained a permit and the local council subsequently issues an infringement notice on the basis that no permit was obtained we will either charge your credit card with the fine or we shall be entitled to recover the amount in full from you.

4.9 You acknowledge and agree that we will not be required to place bins in breach of any traffic control signs or in any place where the placement of bins is not permitted and that our decision shall be final in this regard.

4.10 We are not responsible for any property damage arising from, caused to or contributed by the our delivery, placement or weight of the bins except where we have been negligent.

Section 5. Use and collection of bins

5.1 You must not move or allow any bin to be moved to any location other than the location in which the bin has been placed by us.

5.2 You must not overload the bin beyond the designated fill line but if you do then you must at your cost remove any excess waste material and we shall not be liable to remove any bin which is overloaded until you do. Moreover, you will be responsible for any damage or loss that may result in spillage of waste from the bin either while stationary or in transit.

5.3 You must not light fires or burn or allow fires or the burning of waste in the bin.

5.4 We will charge you additional fees for placing in the bin or bag (whether or not you placed them there) carpet, synthetic turf, mattresses, tyres, food wastes, nappies, biohazards, chemical or liquid wastes, asbestos waste, contaminated waste or (without limitation on the foregoing) any materials or waste in respect of which we would incur additional expenses. The rate of additional charge will depend in part upon the disposal rate charged to us by an appropriately licensed disposal authority together with the additional transport and handling costs incurred by us. Asbestos wastes may result in the entire contents of the bin or bag being treated as contaminated wastes for which you will be charged and we recommend you check with Customer Service on (02) 9519 9999.

5.5 You must disclose to us the presence of materials and wastes referred to in clause 5.4 and you must securely wrap and seal them in plastic sheeting. You must ensure that such wastes are not mixed with general waste materials and not hidden from view.

5.6 We reserve the right to refuse collection of any materials referred to in clause 5.4.

5.7 You must ensure each bin is available for collection from the delivery address on the collection date. You must also give us not less than 24 hours notice of any extension of the preferred collection date;

5.8 You agree to our retaking possession of any bin immediately without prior notice to you if it is illegally parked or if, in our opinion it is being used, or has been used, in contravention of any law or any term of this agreement or it has apparently been abandoned.

5.9 You agree to allow any bin in breach of section 5 to remain at the delivery address, until all issues have been resolved, including financial compensation to us if applicable. You will be responsible for the bin and the fees and charges will continue until we make our collection.

Section 6. Cancelling an order

6.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

(a) the requested goods or services in that order are not available; or

(b) there is an error in the price or the product posted on the site in relation to the relevant goods or service in that order; or

(c) that order has been placed in breach of these terms and conditions.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

6.2 You may cancel an order (whether it is accepted by us or not):

(a) up to 24 hours before your nominated delivery date, through the site. If so, no fees or charges will apply to that cancellation; or

(b) in all other circumstances, by contacting Customer Service on (02) 9519 9999 during office hours. In this instance, if you cancel an order:

(i) more than 24 hours before the nominated day of delivery, then no fees or charges will apply to that cancellation; and

(ii) within 24 hours of the nominated day of delivery, then we may charge you a cancellation fee of $75.

Section 7. Fees and charges

7.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

(a) the price of each good or service that is ordered including extensions, variations or renewals of such orders;

(b) delivery fees (where not included in the price);

(c) any fees for wasted or extra trips or fines for lack of the requisite permits as explained in section 4;

(d) any fees for carpet, synthetic turf, mattresses, tyres, food wastes, nappies, biohazards, chemical or liquid wastes or, asbestos waste or other contaminated wastes as explained in section 5.

(e) any cancellation fee for an order that is cancelled as explained in section 6;

(f) any other fees and charges set out in these terms and conditions; and

(g) any expenses or charges incurred by us arising from your failure to comply with this agreement.

Please note the bin bag charge includes the price for disposal of up to 300 kg of waste. If a bin bag contains more than 300kg then the applicable charge will be at the pro rata rate of $200 per tonne ( or part thereof) for waste in excess of 300kg.

7.2 All fees and charges identified in these terms and conditions and all prices for the goods or services include GST where applicable.

7.3 The purchase price of each goods or service is shown on the product list on the site at the time you place your order.

7.4 You acknowledge that all pricing displayed on the site may differ depending on your locality.

7.5 Prices for goods or services change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the goods or services in that order.

7.6 If you cancel an order then we will provide you with a refund back within 3-5 business days to your card of purchase to the value of the goods or services that were not supplied to you subject to any deductions for fees and charges set out in these terms and conditions.

Section 8. Payment methods

8.1 You must pay the fees and charges online. You authorise DADI to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.

8.2 We accept the following credit cards: Visa, MasterCard and American Express.

8.3 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.

8.4 Without limiting our entitlement to take any other action, in the event of your credit supplier’s failure or default in making any payment as and when due we may notify any merchant or supplier to suspend or discontinue any services which it or they might otherwise provide.

8.5 You acknowledge that in the event that goods or services are provided to you but your credit supplier fails or refuses or defaults in making any payment on your behalf and we have paid or will pay the supplier of those goods or services then we will be entitled to recover payment from you in full.

8.6 You agree to pay us:

(a) interest on all outstanding fees and charges at a rate of 9% per annum. You agree that such interest is a genuine pre-estimate of our damages. Payments received will be credited firstly against any accrued but unpaid interest; and

(b) Our costs of recovering or attempting to recover from you outstanding Fees and charges, including any mercantile agent’s costs, and legal costs on a full indemnity basis;

8.7 It is your responsibility to review your statement of account provided by your credit supplier and notify us immediately of any discrepancy error or unauthorised transactions. We will take reasonable steps to resolve the query but will not be obliged to accept the claim if it is made thirty (30) days after the date of the statement.

8.8 If you consider that there is an amount in dispute, you agree to pay the amount not in dispute by the due date and to resolve the balance payable by negotiation with us. You will be entitled to a written response if you dispute an amount in writing.

8.9 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

8.10 Should you default on payment of the fees and charges that you are required to pay under these terms and conditions then we shall be entitled to list your payment default/s with Veda Australia or other relevant credit reference organisations, which you acknowledge may affect your credit rating.

Section 9. Risk and title

9.1 Risk in any goods passes to you on the date and time of delivery to the delivery address. Title to the goods passes to you on the later of the date and time of:

(a) payment for those goods; and

(b) delivery of those products to the delivery address,

until which time you shall hold the goods as bailee only.

9.2 You will be liable to us for any damage to any bin we provide which occurs while the bin is at the delivery address.

9.3 For the avoidance of doubt, at no point in time will title in any bin transfer to you and you are expressly prohibited from charging or otherwise encumbering any bin we provide.

Section 10. Liability

10.1 Subject to clause 10.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. You also acknowledge that we do not make any warranty or representation as to the suitability of the site or a goods or service for any purpose.

10.2 Subject to clause 10.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

10.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

(a) in the case of services: in our absolute and unfettered discretion, the resupply of the services, or the payment of the cost of resupply at the same price or rate as that of the original quote for the supply of the services; and

(b) in the case of goods: in our absolute and unfettered discretion, the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired in each case at no higher price or rate than that of the original quote for the supply of the goods.

10.4 To the extent permitted by law, we exclude liability in respect of services for which you have not paid.

10.5 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

10.6 If, by any reason of fact, circumstance matter or thing beyond our reasonable control, we are unable to deliver or perform, in whole or in part, any of the goods or services or any other obligation under this agreement, we will be relieved of our obligations to the extent and for the period that we are unable to so perform, and will not be liable to you in respect of any such inability in any way whatsoever.

10.7 If a delay or failure by us to perform obligations due to our rights under clause 10.8 exceeds 60 days, you or us may immediately terminate the agreement by giving notice of that termination to the other. In the event of such termination, you must pay us for all fees and charges incurred prior to the effective date of termination

10.8 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

Section 11. Warranties

You warrant that:

(a) all information and data provided by you to us through the site (or otherwise is true, accurate, complete and up to date;

(b) the person receiving the goods or services at the delivery address is authorised by you to do so; and

(c) you have and will comply with all relevant laws relating to your use of the site and your placement of any order to us.

(d) You acknowledge and warrant that you have not relied on any representation including any , illustration or specification contained in any document including the site which has not been expressly stated in the quote or this agreement.

(e) You acknowledge that to the extent we have made any representation not expressly stated in this agreement, you have been provided with the opportunity to independently verify the accuracy of that representation.

Section 12. Termination

12.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the site if you breach these terms and conditions and:

(a) the breach cannot be remedied; or

(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or

(c) if there is an emergency.

12.2Termination of this agreement will not release you or us from any liability or right of action which at the time of expiry or termination has already accrued to either party or which may thereafter accrue in respect of any act or omission prior to such expiry or termination. Such rights may include but not be limited to the recovery of any money due.

12.3 We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the goods or services that have been ordered are no longer available or we are prevented from supplying the goods or services, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.

Section 13. General restrictions

You must not:

(a) use the site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

(b) use the site in a manner or way, or post to or transmit to or via the site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the site;

(c) make fraudulent or speculative enquiries, purchases or requests through the site;

(d) use another person’s details without their permission or impersonate another person when using the site;

(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

(f) tamper with or hinder the operation of the site;

(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the site;

(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the site;

(i) modify, adapt, translate or reverse engineer any portion of the site;

(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the site;

(k) reformat or frame any portion of the web pages that are part of the site;

(l) create accounts by automated means or under false or fraudulent pretences;

(m) use the site to violate the security of any computer or other network or engage in illegal conduct;

(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

(o) use the site other than in accordance with these terms and conditions; or

(p) attempt any of the above acts or engage or permit another person to do any of the above acts.

Section 14. Privacy policy

Our privacy policy is available on the site & forms part of these terms and conditions. You acknowledge and agree to our privacy policy.

Section 15. Intellectual property rights

15.1 You:

(a) acknowledge that the copyright in the site, the software, design, text and graphics comprised in the site, the selection and layout of the site and the content and materials on the site (together“IP”) are owned by or licensed to us;

(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any IP without our prior written consent; and

(c) must not frame or embed in another website any of the IP appearing on this site without our prior written consent.

15.2 You may:

(a) store a reproduction of the content on this site on your local computer for the sole purpose of viewing the content and IP; and

(b) print hard copies of the content and IP for the sole purpose of viewing and purchasing goods or services but not for any other use, including commercial use.

15.3 This site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

Section 16. Changes to these terms and conditions

We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. If you have an order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.

Section 17. General

17.1 You agree that you access and use the site solely at your own risk and that we will not be liable to you for the transmission of any viruses, worms, defects, trojan horses or similar disabling or malicious code from the site to your computer or network where such things have been put onto the site by anyone other than us.

17.2 The site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

(a) we make no representations or warranties, or have any responsibility or liability for those websites; and

(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

17.3 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

17.4 The failure, delay or omission by us to exercise a power or right conferred on us by this agreement will not operate as a waiver of that power or right, and any single exercise of a power or right will not preclude another exercise of that power, or the exercise of another power or right under this agreement

17.5 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

In these terms and Conditions “services” shall be taken to include the following,

waste removal, rubbish removal, the removal of builders waste, the provision of skip bins, the hire of skip bins, bin bags, clean up services waste disposal.