Bin Rescue

Terms and Conditions

1. Definitions:
   In these conditions:
   "App" means the Binrescue application for a mobile device;
   "Bin Rescue" means Bin Rescue Pty Ltd ACN 635 672 936;
   "Bin Rescue's Website" means the website being www.Binrescue.com.au;
   "Bin Services" means the placement and replacement of a Customer's rubbish bin at the Bin Location after collection, including any incidental services;
   "Charges" means the charges made for the Bin Services as described in the App;
   "Customer" means the individual or entity being either the homeowner, tenant of the Property or their authorised agent who has engaged Bin Rescue via the App to provide the Bin Services; and
   "Property" means the property described in the App as the Bin Location.
   
2. Application of Conditions
   1. These Conditions of Engagement ("Conditions") govern the supply of Bin services undertaken by Bin Rescue, its related entities, franchisees, subcontractors and all other nominees in relation to the Bin Services.
   2. The Bin Services will be performed by Bin Rescue on the terms set out in these Conditions.
   3. No person has the authority to waive or vary these Conditions on behalf of Bin Rescue unless the waiver or variation is in writing and signed by Bin Rescue.
   4. All rights and limitations of liability in these Conditions shall continue in full force and effect not withstanding any breach of these Conditions.
3. Warranties and Acknowledgments
   1. The Customer warrants that it or the person who requests the Bin Services, is either the owner of the Property, the tenant or the authorised agent of the owner and that they have the authority to request the Bin Services from Bin Rescue.
   2. The Customer acknowledges that if it does not comply with these Conditions, Bin Rescue may charge additional fees to facilitate compliance of these Conditions.
4. Limited Liability
   1. The Customer agrees that Bin Rescue is not liable for:
      1. (i) injury, damage, destruction or loss of a Bin or any other real and or personal property arising out of or incidental to the provision of the Bin Services; or
      2. (ii)the misplacement or non-replacement of a Bin.
   2. Bin Rescue will only be liable to the Customer in respect of any damage, destruction or loss of a Bin directly caused by the Bin Rescue during the provision of the Bin Services up to the amount of $100 to cover the value of the Bins as a total maximum liability for all of the Bins.
   3. The maximum amount that may be claimed by a Customer from the Bin Rescue is $100.00
   4. The Customer agrees that Bin Rescue will not be liable for any consequential loss or damage however caused.
   5. The Customer acknowledges that loss or damage are insurable risks and that obtaining insurance is the responsibility of the Customer. If the Customer fails to obtain insurance, they do so at their own risk.
5. Conditions of Engagement
   1. Subcontractors:
      1. Bin Rescue may subcontract all or part of the provision of the Bin Services to another party and such authorisation extends to any franchisee or subcontractor.
      2. Any clause within these Conditions that excludes or limits the liability of Bin Rescue or provides a right or exemption extends to all subcontractors and their servants, agents or employees.
   2. Performance of Services:
      1. The Customer may request that Bin Rescue provides the Bin Services in a particular way (whether in relation to where the bin must be located or stored). Whilst Bin Rescue may agree to take reasonable steps to comply with such requests, it reserves the right to provide the Bin Services in the way it reasonably considers appropriate in the circumstances.
      2. Bin Rescue's driver must have clear, un-obstructed access to the Customer's bins (i.e. not behind a locked gate or in a back or front yard with a dog that is off leash).
      3. If a Customer's bin is behind a fence or gate and is not visible from the street, the Customer must leave instructions via the App in the special comments section, to enable Bin Rescue's driver to access the bins and place them on the street within 3 minutes of arriving at the Property.
      4. If the Property is a Rural property and the bins are not within 50 metres from the road, Bin Rescue will either not place or replace the bins or will be entitled to charge extra for the time taken to place or replace the bins.
      5. Customer bins must only be filled with council authorised materials.
      6. If the Property is a unit complex and the Customer's unit number is not clearly displayed on the Customer's bin, Bin Rescue will not be liable for the failure to provide the Bin Services.
      7. Any damage to the Property caused by Bin Rescue is not Bin Rescue's responsibility.
      8. If Bin Rescue attends a Customer's property and cannot access a Customer's bin, the Customer will be charged for the out of pocket expenses incurred by Bin Rescue.
      9. All Customer jobs must be booked via the Bin Rescue's App.
   3. Responsibility for Charges:
      1. The Customer is liable to Bin Rescue for all charges reasonably incurred in the provision of the Services.
      2. Bin Rescue's charges for the Bin Services are incurred as soon as the Customer places an order on the App.
      3. All charges are non-refundable or transferrable and must be paid in accordance with Bin Rescue's payment terms.
   4. Payment terms:
      1. Charges are incurred on a Customer's credit card when a Customer places an order for Bin Services.
      2. The Customer cannot offset any monies payable to Bin Rescue against any charges owed, or alleged to be owed, to them. Bin Rescue is not obliged to refund any payment for the Services under any circumstances.
      3. The Customer further acknowledges that Bin Rescue reserves the right not to provide Bin Services until the Customer has paid the correct amount applicable for all previous Bin Services.
6. Indemnity The Customer indemnifies and shall keep indemnified Bin Rescue, its agents, franchisees, servants and officers in respect of all liabilities and claims arising or suffered from any breach of these Conditions by the Customer, except to the extent that any losses or damages were caused by Bin Rescue.
7. Severance If any clause or part of any clause in these Conditions is or becomes unenforceable, that unenforceability will not affect the enforceability of the remaining clause(s) or any other part of these Conditions.
8. Privacy Bin Rescue will collect, use and disclose a Customer's personal or other information in accordance with its Privacy Policy as amended from time to time. Bin Rescue's Privacy Policy can be found on the Bin Rescue's Website.
9. Applicable Law These Conditions shall be governed and construed in accordance with the laws of Victoria, Australia.
10. Amendment of Conditions
    1. Bin Rescue may amend these Conditions at any time, which will take effect once notice has been provided to the Customer. Any amended Conditions will apply to all future Services.
    2. The Customer acknowledges that notification includes the update of these Conditions on the Bin Rescue's Website at www.Binrescue.com.au and agrees to regularly review these Conditions to ensure it is aware of any changes.

*********************************