MARKETPLACE TERMS AND CONDITIONS

Hire Skip Bins Pty Ltd ABN 56 609 593 964 (referred to as Hire Skip Bins) provides a booking platform, payment platform and introductory service between a customer who requires skip bin(s) hire (referred to as Customer) and a supplier who is able to supply skip bin(s) hire (referred to as Supplier) (collectively, the Services).  The Services are available on the Hire Skip Bins website at www.hireskipbins.com ( Site).

                

1. Contract

1. These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Hire Skip Bins, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including the Customer and the Supplier (referred to as User).  By using the Site and Services, each User agrees to comply with and be legally bound by these Terms.   Please read the Terms carefully.  If there are any questions, the User is encouraged to contact Hire Skip Bins using the contact details at the end of these Terms.
2. The User’s use of the Site and the Services indicates that:

1. the User has had sufficient opportunity to access the Terms and contact Hire Skip Bins;
2. the User has read, accepted and will comply with the Terms;
3. the User has legal capacity to enter into a contract for sale; and
4. the User is 18 years or older. 

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

3. These Terms may be amended from time to time, without prior notice.  Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments.  Hire Skip Bins recommends that each User check the current Terms, before continuing use of the Services.  Hire Skip Bins’ agents, employees and third parties do not have authority to change the Terms.
4. These Terms supplement and incorporate the Hire Skip Bin policies and terms and conditions, including without limitation the Hire Skip Bins’ Privacy Policy which sets out how Hire Skip Bins collects, uses and protects the personal information of its Users.  This document is available on the Site.

2. Introductory Service Only

1. The Site and the Services consist of an online introductory platform, booking platform, and payment platform for Customers and Suppliers.
2. By imputing the Customer’s information, including but not limited to the Customer’s delivery postcode, skip bin size requirements, waste type and drop off and collection dates into the booking platform on the Site ( Request), Hire Skip Bins will:

1. search its database to endeavour to find the lowest price skip bin hire services from the Suppliers in and around the postcode nominated by the Customer.  The Customer may also enter a Supplier code if it wishes to use a particular Supplier and Hire Skip Bins will endeavour to find the price for the Customer’s Request from the Customer’s nominated Supplier ( Supplier Services); and
2. provide the Customer the cheapest quote or provide the Customer with the quote for its nominated Supplier in response to the Request which will include the Supplier Services and applicable Supplier’s fee and booking fee ( Quote).  

3. In response to the Quote, a Customer will be able to book and pay for the Supplier Services through the Site.  When a Customer books a Supplier Service in accordance with a Quote (Booking ), the Customer agrees to be bound by the terms and conditions set out in these Terms.  Once the Booking is made, the Supplier is provided with the Customer Request and contact details by email and the Customer is provided with the Supplier’s name and contact details by email.
4. Following a Booking, the Customer will be contacted by the Supplier to arrange delivery of the Supplier Services.  The Supplier may also request the Customer’s credit card details in the event the Customer requires a longer booking term, exceeds the weight restrictions for the skip bin or adds additional waste types to the skip bin.
5. A Supplier may change their prices daily for the Supplier Services to remain competitive with other Suppliers.
6. Each User understands and agrees that the Site is an online introductory platform only, and that Hire Skip Bins’ responsibilities are limited to facilitating the availability of the Site and the Services.
7. Hire Skip Bins makes no guarantee that it will provide the lowest price for the Supplier Services.  Hire Skip Bins is not a party to any agreement entered into between a Customer and a Supplier.   Hire Skip Bins is not a referrer or booking agent, and provides no such related services.  Hire Skip Bins does not have a preference between Suppliers and simply provides the Quote based on the Customer’s Request.   Hire Skip Bins has no control over the conduct of Customers, Suppliers and any other Users of the Site and the Services.  Hire Skip Bins disclaims all liability in this regard, as set out in these Terms.
8. Any arrangement between a Customer and a Supplier for the Supplier Services is solely between the Customer and Supplier.  It is strictly and expressly not part of the User’s agreement with Hire Skip Bins.

3. Supplier Online Registration

1. A User can browse and view the Site as an unregistered user of the Site.  A Supplier must register on the Site and create an account (Account) to access some Services and features on the Site including providing Supplier Services.
2. Each Supplier may only have one (1) Account on the Site for each State and Territory it operates within.
3. Basic information is required when registering on the Site for an Account.  Each Supplier is required to provide certain information including but not limited to their business details, name, email address, location, skip bin details, business operating hours/days, pricing including extra day and extra weight charges, waste type serviced, bank account details and select a username and password.
4. Each Supplier agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Hire Skip Bins reserves the right to suspend or terminate any Supplier’s Account and his/her access to the Site and Services if any information provided to Hire Skip Bins proves to be inaccurate, not current or incomplete.
5. To keep information secure and confidential, Hire Skip Bins uses certificates to establish an encrypted link between a server and a User.  Suppliers will be requested by Hire Skip Bins to change their passwords at regular intervals.  Further information on the storage and security of your personal information can be found in our Privacy Policy.
6. It is the Supplier’s responsibility to keep its Account details, username and password confidential.  The Supplier is liable for all activity on its Account, including Quotes and Bookings made using its account details.  The Supplier  agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
7. The Supplier will immediately notify Hire Skip Bins of any unauthorised use of its Account.
8. Hire Skip Bins reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that Hire Skip Bins, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

4. Supplier and Supplier Services

1. Each Supplier acknowledges and agrees that any communications entered into with a Customer is at his or her own risk.  Hire Skip Bins does not guarantee it will provide Customers and cannot guarantee that Customers have genuine intentions.
2. Each Supplier should report to Hire Skip Bins any activities or requests of Customers which are, or which the Supplier reasonably believes to be:

(i)        suspicious;

(ii)        inconsistent;

(iii)        illegal; or

(iv)        likely to have a negative effect on the reputation of Hire Skip Bins, the Site, Services and/or a User.

3. Each Supplier represents and warrants that any content that it provides and Supplier Services:

1. will not breach any agreements it has entered into with any third parties;
2. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Supplier in its local area and country; and
3. will not conflict with the rights of third parties.

4. For the avoidance of doubt, Hire Skip Bins assumes no responsibility for a Customer’s compliance with any applicable laws, rules and regulations.  Each Supplier represents and warrants that it has the necessary Australian Business Number to provide its Supplier Services and has made its own arrangements to ensure adequate insurance coverage (including, if applicable, public liability insurance) is effective and maintained in relation to the Supplier Services.
5. In the event the Supplier makes an error with its Quote for the Supplier Services, the Supplier must notify Hire Skip Bins immediately by email and rectify its price on its Account.  The Supplier acknowledges and agrees that it will remain liable to honour its Quote to the Customer if a Booking is completed and that it must pay the applicable fees to Hire Skip Bins.  Hire Skip Bins may at its discretion attempt to cancel the Booking with the Customer and will charge the Supplier an administration fee whether or not it is successful in such cancellation.
6. The Supplier acknowledges and agrees that the Customer is responsible for obtaining all council permits for the use of the Supplier Services on council property, unless confirmed otherwise by the Supplier, and that the Supplier will complete the necessary checks with the Customer before delivering the Supplier Services.

5. Customer and Supplier Services

1. Each Customer acknowledges and agrees that any communications entered into with a Supplier is at his or her own risk.  Hire Skip Bins does not guarantee it will provide Suppliers and cannot guarantee that Suppliers have genuine intentions.  
2. Each Customer should report to Hire Skip Bins any activities or requests of Suppliers which are, or which the Customer reasonably believes to be:

(i)        suspicious;

(ii)        inconsistent;

(iii)        illegal; or

(iv)        likely to have a negative effect on the reputation of Hire Skip Bins, the Site, Services and/or a User.

3. For the avoidance of doubt, Hire Skip Bins assumes no responsibility for a Supplier’s compliance with any applicable laws, rules and regulations.
4. The Customer acknowledges and agrees that it is responsible for obtaining all council permits for the use of Supplier Services on council property unless otherwise notified by the Supplier.
5. The Customer must notify Hire Skip Bins immediately in writing if it wishes to cancel the Booking or the Supplier fails to deliver the skip bin to the Customer.

6. Reviews

1. Customers may provide feedback to Hire Skip Bins regarding the Services and Supplier Services purchased by that Customer (Review).
2. If Hire Skip Bins wishes to publish a Review, such Review can be viewed by any User. Reviews will remain viewable until removed by Hire Skip Bins.
3. The Customer must provide true, fair and accurate information in their Review.

7. Delivery of Supplier Services

1. The Supplier is to arrange delivery of any Supplier Services to the Customer.  Hire Skip Bins is not involved in the delivery process.
2. A Customer is required to refer to delivery information provided by the Supplier in the Booking or subsequent contact with the Supplier to confirm: (a) when risk of loss, damage or deterioration to any Supplier skip bin will pass to the Customer; and (b) what to do if a Supplier skip bin is delayed, damaged or goes missing in the delivery process.

8. Payments

1. Payments for Customers and Suppliers differ.
2. Suppliers are not required to pay any fees for their registration on our Site.
3. Suppliers and Customers may be required to pay fees for any Services that they request which are available on our Site including but not limited to commission fees, booking fees, administration fees, cancellation fees and no-show fees ( Fees).
4. Customers acknowledge that the use of the Services may result in charges to them for the Supplier Services they receive, including any applicable insurance, delivery fees and taxes (Supplier Fees ).
5. Each User agrees to pay the relevant Fees/Supplier Fees, in the currency specified on the Site, at the time the Customer makes a Booking.
6. Goods and Services Tax (GST) will be charged where applicable.
7. As the Suppliers’ limited payment collection agent, Hire Skip Bins will collect from the Customer the Supplier’s Fees on behalf of the Supplier.
8. Hire Skip Bins will hold the Supplier’s Fees until the collection date of the skip bin in accordance with the Booking.  
9. Upon the completion of the Supplier Services, the Supplier must notify Hire Skip Bins of the completed Booking by email. (Completed Supplier Services).
10. At the end of each fortnight, Hire Skip Bins will facilitate payment to a Supplier’s nominated bank account, the total Supplier Fees accrued for the Completed Supplier Services provided during that fortnight less the Fees and agreed commission payable by that Supplier to Hire Skip Bins for referring the Customer to that Supplier ( Supplier Commission).
11. In the event the Supplier fails to deliver any of the Supplier Services to the Customer, the Supplier acknowledges and agrees that it will remain responsible for the payment of the Supplier Commission and any applicable Fees to Hire Skip Bins.
12. The Customer must pay for the Services by credit card via PinPayment, a third party payment processor.  PinPayment are certified to PCI data security standards.  The payment will be processed upon receipt of the request for a Booking.  The Customer must not pay, or attempt to pay, for the Supplier Services through any fraudulent or unlawful means.  If a Customer’s payment is not able to be successfully processed then the request for a Booking may be cancelled.
13. In the absence of fraud or mistake, all payments made are final and the Customer shall not have the right to cancel its purchase for any reason and further each Customer agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
14. If the Customer makes a payment by debit or credit card, the Customer warrants that the information provided to Hire Skip Bins is true, accurate and complete, that the Customer is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Customer will maintain sufficient funds in the account to cover the purchase price.
15. Nothing prevents Hire Skip Bins from taking any action necessary to recover any unpaid Fees.  If the User fails to pay, the User’s information will be passed on for collection and or legal action.  The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense.  If the User at any time exceeds Hire Skip Bins’ payment terms and as a result are passed on for collection and or legal action, Hire Skip Bins may place a default against the User with a credit reporting agency.
16. Hire Skip Bins’ pricing structure or payment methods may be amended from time to time at its sole discretion.

9. Limited Payment Collection Agent

1. Each Supplier appoints Hire Skip Bins as the Supplier’s limited payment collection agent solely for the purpose of accepting the Supplier Fees from the Customer.
2. Each User agrees that payment of Supplier Fees in respect of a Supplier by a Customer to Hire Skip Bins, as that Supplier’s limited payment collection agent, shall be considered the same as a payment made directly by that Customer to the relevant Supplier and the Supplier will provide the relevant Supplier Services to the Customer, as outlined in the relevant Booking as if the Supplier had received payment directly.
3. Each User agrees that Hire Skip Bins, as the Supplier’s limited payment collection agent, may permit a Customer to cancel a Booking and provide the Customer with a refund in accordance with the cancellation and refund policy set out in these Terms.
4. Hire Skip Bins, as limited payment collection agent for the Supplier, agrees to facilitate the payment of any Supplier Fees for Supplier Services provided unless otherwise agreed between Hire Skip Bins and the Supplier.  In the event that Hire Skip Bins does not remit such amounts, the Supplier will have recourse only against Hire Skip Bins.
5. Notwithstanding Hire Skip Bins’ appointment as limited payment collection agent of each Supplier, Hire Skip Bins explicitly disclaims all liability for any acts or omissions of the Supplier or any other third parties.

10. Offers and Promotions

(a)        Hire Skip Bins may, from time to time, make offers or promotions which may be applicable to the Services.

(b)        The conditions of such offers or promotions will be specified on the Site.

(c)        The User acknowledges and agrees that Hire Skip Bins may, at its sole discretion, remove or extend any offers or promotions, and Hire Skip Bins will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

11. Dispute Resolution

(a)        By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Customer, Supplier, or other third party, will be limited to a claim against the Customer, Supplier or other third party, who caused harm to him or her.  Hire Skip Bins encourages Users to communicate directly with the relevant Customer, Supplier or third party to resolve any disputes.   If a Customer is not satisfied with an Supplier’s response, the Customer and Supplier agree to the follow the dispute resolution procedure as detailed in subclause (c)(i) and (c)(ii) of this clause.

(b)        Hire Skip Bins welcomes feedback from its Users.  Hire Skip Bins seeks to resolve concerns quickly and effectively.  If any User has any feedback or questions about the Services, please contact any member of the staff.

(c)        If there are any complaints from a User, Hire Skip Bins will aim to respond and provide a suitable solution within 45 days.  If a User is not satisfied with Hire Skip Bins’ response, the User and Hire Skip Bins agree to the following dispute resolution procedure:

(i)        The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The User and Hire Skip Bins agree to meet in good faith to seek to resolve the dispute by agreement between them ( Initial Meeting).

(ii)        If a resolution cannot be agreed upon at the Initial Meeting, either the User or Hire Skip Bins may refer the matter to a mediator.  If the User and Hire Skip Bins cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator.  The mediator will decide the time and place for mediation.  Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

(d)        Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

12. Cancellation of Registration

1. Suppliers can deactivate their Account at any time via the Site upon one (1) month’s written notice to Hire Skip Bins to enable Hire Skip Bins to find a suitable replacement for the provision of Supplier Services in the Supplier’s local servicing area.  To deactivate an Account, the supplier must send its notice to suppliers@hireskipbins.com.au.

13.  Refund Policy

1. A full refund for the Supplier Services will be provided to the Customer in the event the Supplier fails to deliver a skip bin to a Customer.  
2. A full refund less the booking fee will be provided to the Customer in the event the Customer no longer wishes to proceed with the Booking conditional upon such cancellation being confirmed in writing to Hire Skip Bins no later than 24 hours after a Booking is made and up to 48 hours prior to the delivery of the Supplier Services to the Customer.  
3. Any cancellation made 24 hours after a Booking and up to 24 hours prior to the delivery of the Supplier Services to the Customer incurs a cancellation fee made up of the booking fee and Supplier Commission.  
4. Any cancellation made within 24 hours of the skip bin delivery date incurs a cancellation fee of 100% of the Booking.

14. Consumer Guarantees

1. Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act  2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
2. If the User is a consumer as defined in the ACL, the following notice applies to the User from Hire Skip Bins: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.   To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

12. Intellectual Property

1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Hire Skip Bins (or its affiliates and/or third party licensors as applicable).
2. The User agrees that, as between the User and Hire Skip Bins, Hire Skip Bins owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property.  The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Hire Skip Bins or the owner of the content.
3. Some Intellectual Property used in connection with the Site Services are the trademarks of their respective owners (collectively Third Party Marks).
4. Hire Skip Bins’ Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Hire Skip Bins or the applicable trademark holder or Intellectual Property owner.
5. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Hire Skip Bins or the applicable Intellectual Property owner.  Users may not do anything which interferes with or breaches the Intellectual Property rights.

13. User Licence

1. Subject to these Terms, Hire Skip Bins grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms ( User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth).  All other uses are prohibited without Hire Skip Bins’ prior written consent.
2. The right to use the Site and Services is licensed to the User and not being sold to the User.  A User has no rights in the Site and Services other than to use it in accordance with these Terms.
3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

14. Permitted and Prohibited Conduct

(a)        The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services.  In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

1. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
2. register for more than one Account in each State or Territory or register for an Account on behalf of another individual and/or entity;
3. use the Services to find a Customer/Supplier and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Hire Skip Bins’ provision of the Services;
4. as a Supplier, cannot supply further Supplier Services to the Customer after the successful completion of Supplier Services though Hire Skip Bins.  The Supplier can however redirect the Customer to the Site to obtain further Supplier Services;
5. as a Customer, request further Supplier Services directly from the Supplier following the successful completion of the Supplier Services;.
6. post any Review that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User;
7. submit any false or misleading information;
8. as a Supplier, offer any Supplier Services that it does not intend to honour or cannot provide;
9. as a Customer, make any Bookings with the Suppliers that it does not intend to honour;
10. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
11. copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
12. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
13. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
14. use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
15. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
16. use, display, mirror or frame the Site, or any individual element within the Site, Services, Hire Skip Bins’ name, any Hire Skip Bins’ trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Hire Skip Bins’ express written consent; or 
17. advocate, encourage, or assist any third party in doing any of the foregoing.

15. Content

(a)        The Site, Services and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries.  The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Hire Skip Bins and its licensors.  The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

(b)        The User must not post, upload, publish, submit or transmit any content that:

1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. is fraudulent, false, misleading or deceptive;
3. denigrates Hire Skip Bins, the Site, Services, a Customer, or a Supplier;
4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
7. promotes illegal or harmful activities or substances.

16. Disclaimers

1. Hire Skip Bins makes no guarantee that it will provide the lowest price for the Supplier Services.  
2. Hire Skip Bins does not guarantee that Supplier Services will be requested by any Customer, nor does Hire Skip Bins guarantee that Customers will be able to find desirable Suppliers or Supplier Services.
3. Hire Skip Bins does not endorse any Customer, Supplier, Quote, Booking or Supplier Services.  Hire Skip Bins requires Customers and Suppliers to confirm that they have provided accurate information.
4. Hire Skip Bins cannot and does not control the content contained in any Account or the condition, legality or suitability of any Supplier or Supplier Services.  
5. Hire Skip Bins accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site.  Hire Skip Bins disclaims any and all liability related to any and all Customers, Suppliers, Bookings, Quotes and Supplier.
6. By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers or Suppliers or other third parties will be limited to a claim against the Customer or Supplier or other third party who caused it harm.  Hire Skip Bins encourages the User to communicate directly with the relevant Customer or Supplier on the Site, and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
7. To the fullest extent allowable under applicable law, Hire Skip Bins disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
8. For the avoidance of doubt, Hire Skip Bins is not responsible for any duties, fees or taxation associated under these Terms.  Hire Skip Bins advises that all Users using the Site and Services should seek advice in relation to these matters.
9. Each Customer and Supplier who uses the Site and the Services does so at their own risk.
10. Hire Skip Bins excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

1. Hire Skip Bins expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
2. Hire Skip Bins does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
3. Hire Skip Bins takes no responsibility for, and will not be liable for, the Site, the Services, the Customers, the Suppliers and Supplier Services being unavailable, of a particular standard of workmanship, failing to meet the Quote description, failing to meet the Customer’s needs, or being of less than merchantable quality; and
4. Hire Skip Bins will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, property damage, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress , loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the Services, content on the Site, inability to access or use the Site, the Services, any Account, Booking, Quote, the Supplier Services, the or the Terms, even if Hire Skip Bins was expressly advised of the likelihood of such loss or damage.

11. The User agrees not to attempt to impose liability on, or seek any legal remedy from Hire Skip Bins with respect to such actions or omissions.

17. Limitation of Liability

1. Hire Skip Bins’ total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Hire Skip Bins in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hire Skip Bins and the User.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
3. This limitation of liability reflects the allocation of risk between the parties.  The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.  The limitations of liability provided in these terms inure to the benefit of Hire Skip Bins.

18. Indemnity

1. Each User agrees to defend and indemnify and hold Hire Skip Bins (and Hire Skip Bins’ parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User ; and any violation by the User of any applicable laws or the rights of any third party.
2. Hire Skip Bins reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
3. This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services.  These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Hire Skip Bins without restriction.

19. General

1. Accuracy: While Hire Skip Bins will endeavour to keep the information up to date and correct, Hire Skip Bins makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose.  The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Hire Skip Bins expressly excludes any liability for such to the fullest extent permissible by law.
2. Security: Hire Skip Bins has a secured business system with SSL connection to protect all User transactions and to ensure maximum security.  Hire Skip Bins also encrypts all financial information.  All credit card payments are processed by PinPayment, a secured third party processor.
3. Termination: Hire Skip Bins reserves the right to refuse supply of the Services required by any User, terminate any Supplier’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User.  If Hire Skip Bins decides to terminate a Supplier’s Account any of the following may occur, with or without notice to the User: (i) the Supplier’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (ii) any pending or future Booking (in respect of a User) will be immediately terminated; (iii) Hire Skip Bins may communicate to the relevant User that the Booking has been cancelled; (iv) Hire Skip Bins may refund the Customer in full, regardless of the cancellation and refund policy; (v) Hire Skip Bins may Customer to inform them of potential alternative Supplier Services available from different Suppliers on the Site and Services; and (vi) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account.  
4. Fraudulent Activities: Each User acknowledges and agrees that, in the event Hire Skip Bins reasonably suspects that there are fraudulent activities occurring within the Site and Services, including but not limited to the Supplier’s insurance policy coverage, Hire Skip Bins reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
5. Force Majeure: Hire Skip Bins will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
6. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
7. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision.  No waiver by Hire Skip Bins of any of the Terms shall be effective unless Hire Skip Bins expressly states that it is a waiver and Hire Skip Bins communicates it to the User in writing.
8. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Hire Skip Bins’ prior written consent. 
9. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10. Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site and App may be accessed throughout Australia and overseas.  Hire Skip Bins makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site from outside Australia, it does so as its own risk and responsible for complying with the laws in the place where he/she accesses the Site.
11. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Hire Skip Bins and each User, and supersede any prior agreement, understanding or arrangement between Hire Skip Bins and each User, whether oral or in writing.

For questions and notices, please contact:

Hire Skip Bins ABN 56 609 593 964

02 8060 6123

info@hireskipbins.com

Last update:         15 January 2016