Terms and Conditions for the Supply of Services

Welcome to the http://www.getabin.com.au website ("the website"). The term "Getabin" or "us" or "we" refers to the owner of the website, Getabin Pty Ltd (ACN 118 321 305), whose registered office is Level 1, 159 Coronation Drive, Milton QLD, Australia. The term "you" refers to you as the user of the website.

1. Submitting Orders: Purchase orders are submitted electronically through the website. Once your order has been confirmed by Getabin you will be bound by a contract to purchase the services requested in your purchase order, subject to your rights to cancel or vary the order set out in clause 9 of these terms and conditions.
2. Terms: The supply of services by Getabin to you is governed by these terms and conditions, as amended from time to time in accordance with clause 14, unless Getabin has agreed to a variation of these terms and conditions in writing.
3. Price: The price of the services is the price quoted on the website at the time of placing your purchase order, unless otherwise agreed in writing by Getabin. The price is inclusive of goods and services tax. Prices quoted are based on the information which you submit to the website, and Getabin reserves the right to vary prices if that information is incorrect.
4. Payment: Credit card payment is made at the time you submit your purchase order. All credit card payments are processed securely through our online payment system. Getabin does not store any credit card information on its servers.
5. Additional Charges: You are responsible to pay Getabin directly for any fees incurred for incorrect waste, excess weight or permits applicable.
6. Delivery: Getabin will endeavour to deliver your bin on the agreed delivery date, subject to operational constraints. Where delivery is likely to be delayed Getabin may contact you to discuss your requirements. Late delivery does not of itself entitle you to cancel any order or part order.
7. Refunds: Getabin will provide a full refund of fees paid in respect of any ordered services not provided by Getabin, provided you notify Getabin of the request for refund at least 5 working days before the scheduled delivery date for the service.
8. Use of Bins: While a bin is in your possession, you will not:
   1. (a) light fires in the bin; or
   2. (b) place or allow to be placed into the bin any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, grease or liquid concrete; or
   3. (c) fill any bin beyond the maximum height or weight as advised by us or in such a manner as to cause spillage of material from the bin either while stationary or in transit; or
   4. (d) move any bin without Getabin’s consent.
9. Risk: You will be liable to Getabin for any damage to a bin which occurs while in your possession, subject to fair wear and tear.
10. Order Cancellation/Variation: You will be entitled to cancel or vary an order provided that Getabin receives notice of variation or cancellation no less than 5 working days before the delivery date under the order. Any other variation to your order will be granted at Getabin’s sole discretion and subject to payment of reasonable costs. Getabin reserves the right to vary any order if we are unable to provide the service requested, provided that if the service provided is of a lesser value than that requested an adjustment shall be made to the price.
11. Limitation of Liability and Indemnity: The liability of Getabin for any claim, damages, loss or expense related to the supply of services is limited to the cost paid or payable by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, Getabin will not be liable in any event whether in tort, contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person. You indemnify us from and in respect of all loss, damage, liabilities or claims caused directly or indirectly to any person or property by, through or in connection with the Services or the Equipment. This indemnity is reduced to the extent that we have directly caused such loss, damage, liability or claim.
12. Force Majeure: Getabin will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises from any circumstance beyond Getabin’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.
13. Privacy: You authorise Getabin to collect, retain and use personal information about you for the purpose of processing payment for any services which you purchase from Getabin using the website, or for any other purpose that you authorise. You have rights of access to and correction of any personal information that is held about you. Under the Privacy Act 1993, you may request access to or correction of your personal information held by Getabin subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
14. Changes to Terms and Conditions: Getabin may alter these terms at any time by placing notification that the terms have been revised on the website.
15. Waiver: If at any time Getabin does not enforce any of these terms or grant you time or other indulgence, Getabin will not be construed as having waived that term or its rights to later enforce that or any other term.
16. Severability: If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
17. Waste: Waste is defined below In clause 18. If required by law, we are your agent with respect to collecting, transporting and disposing of the waste. You warrant to us that the waste materials to be collected and disposed of by us: is waste generated by you; is what you tell us it is; and it excludes waste types (d) to (g) below, radioactive, flammable, highly flammable, explosive, biochemical, asbestos or other substances which we have specified or may hereafter specify to you. Title to all waste material in your possession and control which is collected and disposed of, other than the excluded waste referred to in this clause, shall vest with us when loaded into our vehicles. Title to and liability for waste materials excluded from these Terms and Conditions shall remain with you and you agree to indemnify, defend and hold us harmless against all liabilities, loss, damage and claims arising out of the breach of this clause. Any variation in waste or recyclable materials may incur additional fees and we may refuse to handle or remove the material at our discretion.
18. Waste type:
    1. (a) Recyclable Waste – waste we say may be beneficially reused or recycled.
    2. (b) General Waste – solid wastes which do not undergo environmentally significant physical, chemical or biological transformations once landfilled and which do not include the following waste types (c) to (g).
    3. (c) Putrescible Waste – degradable wastes including food wastes, garden wastes and household wastes and which do not include the following waste types (d) to (g).
    4. (d) Medical/Sanitary Waste – waste (excluding radioactive waste) produced by a hospital, clinic, medical or related practice or waste collected from designated sanitary hygiene units.
    5. (e) Hazardous Waste – solid, liquid or gaseous wastes (other than Waste described in paragraph (d) which (through toxicity, carcinogenicity, mutagenicity, teratogencity, flammability, explosivity, chemical reactivity, corrosivity, infectiousness or other biologically damaging properties) may present danger to the life or health of living organisms when released into the environment and which do not include the following waste types (f) and (g).
    6. (f) Prescribed or Other Waste – any waste which does not fit within paragraphs (a) to (e) or which requires special treatment or handling, the type and manner of treatment being prescribed in the Contract.
    7. (g) Liquid Waste – liquid or semi-liquid wastes which do not include Waste Types described in paragraphs (a) through to (f).
19. Governing Law: These terms will be governed by and construed in accordance with the laws of the State in which the Services are primarily performed. The parties each irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of that jurisdiction whether State or Federal and each waives any immunity or any objection it may have to any action in those courts and to a claim that any action has been brought in an inconvenient forum or to those courts not having jurisdiction.