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Terms and Conditions

 

1.            General

(a)          Each Order Form accepted or authorised by rubbishremoval.co forms a separate contract between the Advertiser and rubbishremoval.co for the Service detailed on that Order Form.

(b)          Each Contract incorporates the terms set out in:

(i)            this document;

(ii)           the approved or authorised Order Form;

(iii)          any advertising rules, guidelines and policies which apply to the Service;

(iv)         the website terms of use located on the rubbishremoval.co website relevant to the Service.

If there is any inconsistency between any of the documents set out in clauses 1(b)(i) to 1(b)(iii), the document listed earlier prevails to the extent of the inconsistency.

(c)          Neither these Terms nor any written or verbal quotation by rubbishremoval.co represent an offer to provide the Service or publish Advertiser Content. A binding contract in relation to a request for the Service including the publication of Advertiser Content will only be formed between rubbishremoval.co and an Advertiser when rubbishremoval.co approves or authorises the Order Form or generates a tax invoice for the Service.

 

2.         Acceptance of Terms

(a)          By submitting an Order Form, the Advertiser agrees to be bound by these Terms as well as rubbishremoval.co’s advertising rules, product guidelines, directory listing rules or other rules and policies which apply to the Service, as applicable.

(b)          rubbishremoval.co may, in its sole discretion, vary these Terms at any time in accordance with clause 12.

 

3.         Term of Contract

(a)          The Contract commences on the date the Order Form is approved or authorised by rubbishremoval.co.

(b)          Where the Order Form indicates monthly charges are to be made from the Advertiser’s credit card or bank account, , the Contract will continue for the initial monthly term and automatically for successive monthly terms unless and until it is terminated in accordance with clause 10.

 

4.         Advertiser Content

(a)          The Advertiser is responsible for uploading, maintaining and updating the Advertiser Content through the Advertiser’s online account with rubbishremoval.co for use on the website and pursuant to any requirements of rubbishremoval.co including deadlines and delivery formats.

(b)          Subject to these Terms, rubbishremoval.co will use its reasonable endeavours to publish the Advertiser Content submitted by the Advertiser in accordance with the Order Form.

(c)          The Advertiser grants rubbishremoval.co a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, use, reproduce, modify, adapt and sub-licence the Advertiser Content, to the extent that it is not owned by rubbishremoval.co under clause 8 of these Terms, in any form and in any medium including in any other directory, product, service or marketing material provided or used by rubbishremoval.co or by a third party to which rubbishremoval.co syndicates the Advertiser Content. The Advertiser warrants that it has the right and authority to grant rubbishremoval.co the licence referred to in this clause 4(c).

(d)          rubbishremoval.co will endeavour to take reasonable care of Advertiser Content in its custody and control, but will not be responsible for any loss or damage to Advertiser Content (even if caused by rubbishremoval.co’s negligence).

(e)          rubbishremoval.co may in its sole discretion publish the Advertiser Content on the rubbishremoval.co website under the category or keyword heading that it determines is most appropriate and determine the utilisation of all keywords, categories, and search criteria used to describe or categorise a directory listing for all purposes relating to the rubbishremoval.co websites. Categories and keyword headings are for the convenience of Users and are determined at the discretion of rubbishremoval.co.

(f)           rubbishremoval.co may in its sole discretion remove, revise or refuse to publish any Advertiser Content on its website at any time for any reason whatsoever (even if the Advertiser Content has been previously published by rubbishremoval.co).

(g)          rubbishremoval.co may in its sole discretion include or exclude or remove the Advertiser’s directory listing from the rubbishremoval.co website at any time, for any reason whatsoever (even if the Advertiser’s directory listing or Advertiser Content has been previously published by rubbishremoval.co).

(h)          rubbishremoval.co may in its sole discretion vary the presentation of Advertiser Content (such as format, design, placement, order and position) within its website..

(i)            rubbishremoval.co will endeavour to notify the Advertiser of any such changes detailed in clauses 4(f), (g) and (h). However, except in accordance with clause 9(b), rubbishremoval.co will not be liable for any costs, expenses, losses or damages suffered or incurred by an Advertiser arising from rubbishremoval.co’s failure to publish Advertiser Content in accordance with the Advertiser’s Order Form.

(j)            rubbishremoval.co reserves the right to charge the Advertiser for the Service where the Advertiser Content is not submitted in accordance with these Terms.

(k)          The Advertiser acknowledges and agrees that it may receive ratings and reviews from Users on the rubbishremoval.co website.

 

5.         Warranties and Acknowledgements

(a)          The Advertiser warrants to rubbishremoval.co that:

(i)            it has the right to enter into the Contract;

(ii)           it is the owner of, or is legally authorised to use, the Advertiser Content;

(iii)          it is acting in its own right, as principal, and not as agent for, or otherwise on behalf of, any other party unless it is acting as agent with authority from the principal; and

(iv)         all information it provides for the purposes of the Contract is accurate, complete and current.

(b)          The Advertiser warrants to rubbishremoval.co that the Advertiser Content and the publication by rubbishremoval.co of the Advertiser Content does not breach or infringe any laws based in Australia including:

(i)            the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation;

(ii)           any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;

(iii)          any law of defamation, obscenity or contempt of any court, tribunal or royal commission;

(iv)         State or Commonwealth anti-discrimination legislation;

(v)          the Privacy Act (Cth);

(vi)         the financial services provisions of the Corporations Act; or

(vii)        any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia).

(c)          The Advertiser warrants to rubbishremoval.co that:

(d)          it has all necessary rights to advertise, sell, distribute and/or communicate the Advertised Products to the public;

(e)          the Advertiser Content is free of “worms”, “viruses” and other disabling devices;

(f)           it will not engage in spamming or similar marketing activities in relation to any Service; and

(g)          in respect of Advertiser Content that contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Advertiser has obtained the authority of that person to make use of his/her name or representation or the copy.

(h)          The Advertiser gives the warranties under this clause 5 on an ongoing basis during the period of the Contract.

 

6.         Fees and Charges

6.1       Setup and Service Fees, Advertising Rates and GST

(a)        The Advertiser must pay the fees for the Service as detailed in the Order Form  or on any tax invoice, including any variation to the fees under clause 6.1(b), unless otherwise agreed. All fees detailed in the Order Form or on any tax invoice are in Australian dollars.

(b)        If the fees and charges for the Service set out on the Order Form or on any tax invoice do not include GST, rubbishremoval.co will increase the GST exclusive fees and charges by an additional amount on account of the GST. The Advertiser must pay the additional amount for GST at the same time as it pays the fees and charges for the Service.

6.2       Invoicing and payment

(a)        rubbishremoval.co may invoice the Advertiser the fees and charges for the Service in full in advance  or by instalments.

(b)        rubbishremoval.co will issue the Advertiser tax invoices in a GST compliant form.

(c)        The Advertiser must pay rubbishremoval.co the fees and charges (or, if applicable, each instalment of the fees and charges) for the Service by the due date specified in a tax invoice. This obligation continues despite expiry, cancellation or termination (for whatever reason) of the Contract.

(d)        Where monthly instalments are selected by the Advertiser on the Order Form , the Advertiser will be charged the monthly fee in advance from the “Start Date” on the Order Form or the date which rubbishremoval.co approves or authorises the Order Form (where such approval occurs after the “Start Date”) and the Advertiser will be issued with monthly tax invoices for monthly fees and charges for the Service.

(e)          The Advertiser will pay the fees and charges for the Service (in Australian dollars) by the payment method and on the payment terms agreed to on the Order Form. Payment methods and payment terms accepted by rubbishremoval.co are:

(f)           monthly instalments by credit card or bank account on the due date specified in each tax invoice; and

(g)          where the payments are by other than monthly instalments,   cheque and electronic funds transfer payable 30 days from the date of each tax invoice or on terms as agreed with rubbishremoval.co. Rubbishremoval.co will use its reasonable endeavours to alter the Advertiser’s payment method, if requested by the Advertiser, prior to issuing further tax invoices.

(h)          Where the Advertiser is paying monthly instalments of fees and charges for the Service by credit card, rubbishremoval.co:

(i)            may, if the original credit card processing transaction is unsuccessful, process the credit card for payment to achieve a successful outcome. The Advertiser agrees that it is responsible for any charges or fees relating to the decline of a credit card transaction, additional credit card processing transactions or insufficient funds in a credit cards account.

(ii)           may charge the Advertiser a payment processing fee on the day the Advertiser makes the relevant payment. This fee will be a percentage of the amount the Advertiser pays by credit card and will vary according to the type of credit card used.

(i)            The Advertiser consents to any variation in fees for the Service to be amended or included in any credit card authority granted to rubbishremoval.co.

6.3       Commercial Credit Accounts

Deleted

6.4       Failure to pay and late payment

(a)          If at any time during the Term there is a Payment Default or the Advertiser exceeds rubbishremoval.co’s payment terms, rubbishremoval.co may, without notice to the Advertiser and without affecting any other rights (in its discretion and without limitation):

(i)            terminate this Contract in accordance with to clause 10(a)(iii)(B) and/or suspend provision of the Service;

(ii)           require cash pre-payment for the provision of further Services;

(iii)          charge interest on all overdue amounts at the rate 2% above the National Australia Bank Overdraft Base Rate;

(iv)         withhold any discounts on the Service;

(v)          take proceedings against the Advertiser for any outstanding amounts including passing any outstanding amounts on the Advertiser’s account on for collection and/or legal action;

(vi)         recover from the Advertiser all costs relating to any proceedings taken by rubbishremoval.co to recover amounts owing from the Advertiser including without limitation debt collection/mercantile agency costs and legal costs (on a full indemnity basis) and any out of pocket expenses;

(vii)        place a default against the Advertiser with a credit reporting agency; and

(viii)       exercise any other rights at law.

(b)          A written statement of debt duly signed by an authorised employee of rubbishremoval.co shall be prima facie evidence and proof of the amount owed by the Advertiser to rubbishremoval.co.

 

7.         Cancellation Policy

(a)          Deleted.

(b)          If the Advertiser wants to terminate the Contract during the Term for any reason, the Advertiser must give written notice to rubbishremoval.co.

(c)          Where payments for Services are paid monthly as per the Order Form , no cancellation fees will be incurred as a result of cancellation of the Service under clause 7(b). For the avoidance of doubt, the Advertiser must pay the monthly fee applicable to the month in which the Advertiser terminates the Contract (for instance, if the Advertiser terminates the Contract on the fifth day of a monthly subsequent term, the Advertiser must pay the monthly fee for that Term).

(d)          Where payments for Services are other than monthly, , the Advertiser must pay to rubbishremoval.co a cancellation fee equivalent to the sum of the fees and charges payable for the Service for the unexpired portion of the initial contract term or the subsequent term, as applicable. (For instance, if an Advertiser terminated the Contract after three (3) months of an Initial Contracted Term of twelve (12) months, the Advertiser must pay to rubbishremoval.co the fees and charges payable for the remaining nine (9) months of the initial contracted term.)

(e)          A cooling off period of five (5) business days will apply to all Contracts. The Advertiser may cancel the Service during this cooling off period and no cancellation fees will be incurred.

 

8.         Intellectual Property

(a)          All intellectual property in material on the rubbishremoval.co website belongs to rubbishremoval.co or its licensors, except for any trademarks, designs, logos, graphics, illustrations, videos or publications that are the Advertiser’s property or the property of the person who authorised the Advertiser to use them (”Excluded Advertiser Content“). The Advertiser obtains no interest in this intellectual property (with the exception of any Excluded Advertiser Content which belongs to the Advertiser). The Advertiser may not do anything which breaches rubbishremoval.co’s intellectual property rights.

(b)          The Advertiser agrees that, except for any Excluded Advertiser Content, copyright in the Advertiser Content belongs to rubbishremoval.co. The Advertiser hereby assigns to rubbishremoval.co all copyright in the Advertiser Content except for the Excluded Advertiser Content. You may not reproduce or permit the Advertiser Content except for the Excluded Advertiser Content to be reproduced without rubbishremoval.co’s prior consent.

(c)          Any data or information accessed from the Google Maps service included on or linked to the rubbishremoval.co website is the copyright of Google Inc. By using the Google Maps service and any data or information accessed from Google Maps on or linked to the rubbishremoval.co website, the Advertiser agrees to be bound by the Google Maps terms and conditions available at: http://www.google.com/intl/en_us/help/terms_maps.html.

 

9.         Liability and Indemnity

(a)          The Advertiser acknowledges that it has not relied on any advice given or representation made by or on behalf of rubbishremoval.co in connection with the Service.

(b)          rubbishremoval.co excludes all implied conditions and warranties from the Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State legislation) which cannot by law be excluded (”Non-excludable Condition“).

(c)          rubbishremoval.co limits its liability:

(i)            for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and

(ii)           for any other error or omission in the Advertiser Content caused by rubbishremoval.co,

at rubbishremoval.co’s option, to re-supply of the Service affected by the breach, or payment of the cost of re-supply.

(d)          Subject to clauses 9(b) and (c) above, rubbishremoval.co excludes all other liability to the Advertiser for any costs, expenses, losses and damages suffered or incurred by the Advertiser arising out of or in any way connected with these Terms, any Advertiser Content published by rubbishremoval.co (including any inaccuracy or incompleteness of information contained on the rubbishremoval.co website), any content from Users published by rubbishremoval.co, the supply or failure to supply the Service or a payment method detailed in the Contract, whether that liability arises in contract, tort (including by rubbishremoval.co’s negligence) or under statute. Without limitation, rubbishremoval.co will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

(e)          Without limiting clause 9(d) above:

(i)            The Advertiser acknowledges that Advertiser Content that is published on the internet may be published by rubbishremoval.co  with rubbishremoval.co’s own content and third party content (including user feedback and reviews). The Advertiser agrees that rubbishremoval.co is not responsible for any third party content.

(ii)           If rubbishremoval.co provides any Syndicated Listings and Content to a third party distribution or syndication partner, rubbishremoval.co is not liable for any or any costs, expenses, losses and damages suffered or incurred:

(A)         if any changes are made to the Syndicated Listings and Content by or on behalf of the third party syndication partner; or

(B)         arising out of or in any way connected with the publication or non-publication of the Syndicated Listings and Content on any third party websites.

(f)           The Advertiser indemnifies rubbishremoval.co and its directors, employees, contractors and agents against all claims, demands, proceedings, costs, expenses, losses, damages and other liability arising wholly or partially, directly or indirectly from the Advertiser’s breach of the Contract or publication of the Advertiser Content or any negligent or unlawful act or omission of the Advertiser in connection with the Advertiser Content including breach of the warranties given under clause 5.

(g)          Without limiting the generality of clause 9(f), the Advertiser indemnifies rubbishremoval.co and its directors, employees, contractors and agents against any claims arising from defamation, libel, slander of title, infringement of copyright or trade marks, unfair competition, breach of trade practices, privacy or fair trading legislation, violation of rights of privacy or confidential information or licences or other intellectual property rights or the transfer of money to rubbishremoval.co by the Advertiser.

 

10.       Termination of Contract

(a)          The Contract may be terminated:

(i)            in accordance with the cancellation policy in clause 7;

(ii)           by thirty (30) days written notice from rubbishremoval.co to the Advertiser;

(iii)          by rubbishremoval.co without notice if:

(A)         the Advertiser suffers an Insolvency Event;

(B)         clause 6.4(a) is invoked;

(C)         the Advertiser is or will be in breach of any provision contained in the Contract;

(D)         rubbishremoval.co is required by law or a regulatory body to do so; or

(E)         in rubbishremoval.co’s reasonable opinion there is a significant risk of loss or damage to rubbishremoval.co or a third party; and

(iv)         at any other time the Advertiser and rubbishremoval.co agree in writing.

(b)          Nothing in this clause 10 prevents rubbishremoval.co from:

(i)            commencing proceedings against the Advertiser for any outstanding amounts including passing any outstanding amounts on the Advertiser’s account on for collection and/or legal action; and

(ii)           recovering from the Advertiser all costs relating to any proceedings taken by rubbishremoval.co to recover amounts owing from the Advertiser including without limitation debt collection/mercantile agency costs and legal costs (on a full indemnity basis) and any out of pocket expenses.

(c)          After termination of the Contract:

(i)            rubbishremoval.co will have no obligation to refund any fees and charges for the Service which have been paid prior to termination;

(ii)           The Advertiser will not be required to pay further fees and charges to rubbishremoval.co for the Service, other than fees and charges which were due before termination and any cancellation fee detailed in clause 7; and

(iii)          rubbishremoval.co may remove the Advertiser Content from the rubbishremoval.co website.

 

11.       Privacy and Security

(a)          rubbishremoval.co will collect, use and disclose the Advertiser’s personal information to provide the Service to the Advertiser, for invoicing purposes and for all other purposes detailed in rubbishremoval.co’s Privacy Policy. rubbishremoval.co’s Privacy Policy is accessible on the rubbishremoval.co Websites. The Advertiser acknowledges the Privacy Policy on the rubbishremoval.co Websites and consents to the collection, use and disclosure of the Advertiser’s personal information in accordance with that Privacy Policy.

 

12.       Changes to the Terms or Services

(a)          rubbishremoval.co may vary these Terms any time in its sole discretion.

(b)          The changes will be effective as soon as they have been posted in the Advertiser’s online account.

(c)          If rubbishremoval.co reasonably considers that a variation to the Terms or the Contract is likely to have a negative impact on the Advertiser (and for the avoidance of doubt, this includes an increase in the fee or charge for a Service provided to the Advertiser by more than CPI or 5%, whichever is higher), rubbishremoval.co will give the Advertiser 30 days prior written notice of the variation subject to clause 12(d) below. Where rubbishremoval.co reasonably considers that a variation is likely to benefit the Advertiser or have a neutral impact on the Advertiser or where an increase in the fee or charge for a Service provided to the Advertiser is less than or equal to CPI or 5%, whichever is the higher, rubbishremoval.co will not give the Advertiser prior notice of the variation.

(d)          rubbishremoval.co may need to vary the Terms or the Contract urgently including where there is a change in law or fraud or technical issues.  rubbishremoval.co will endeavour to give the Advertiser as much written notice of such a variation as is practicable under such circumstances.

(e)          The Advertiser should review the Contract (including these Terms and the fees and charges for the Service) from time to time in their online account.

(f)           The Advertiser’s continued use of the Service after any variations to the Contract (including these Terms and the fees and charges for the Service) indicates the Advertiser has accepted the variation to the Contract.

 

13.       General

(a)          The Contract represents the entire agreement between the Advertiser and rubbishremoval.co in relation to the Service and supersedes all prior arrangements, undertakings, representations and warranties between rubbishremoval.co and the Advertiser in relation to the Service. The Contract cannot be varied except in writing by an authorised officer of rubbishremoval.co. No purchase order or other document issued by the Advertiser will vary the Contract.

(b)          rubbishremoval.co will not be liable for any delay or failure to provide the Service caused by a factor outside rubbishremoval.co’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

(c)          The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of the remaining provisions.

(d)          The Advertiser may not assign its rights or obligations under the Contract with rubbishremoval.co without the prior written consent of rubbishremoval.co.

(e)          rubbishremoval.co may serve any notice or court documents on an Advertiser by forwarding them by pre-paid post or facsimile or email to the last known address, facsimile number or email address of the Advertiser.

(f)           The Advertiser may serve any notice to rubbishremoval.co by post or email to:

rubbishremoval.co

GPO BOX 2823
SYDNEY NSW 2001

mail@rubbishremoval.co

Email:

(g)          The Contract is governed by the laws of the state of New South Wales. The Advertiser and rubbishremoval.co agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and any court that may hear appeals from any of those courts, for any proceedings in connection with the Contract.

 

14.       Definitions

Advertised Products

means the business, products, goods or services advertised or referred to in any of the Advertiser Content.

Advertiser

means the Entity that is detailed on the Order Form as the “Advertiser’s Business Name” and has submitted the Order Form in relation to the Service on  the rubbishremoval.co website.

Advertiser Content

means any information, advertisement, business name, trade name, trade mark, design, logo, photograph, illustration, graphic, artwork, text or other material including the materials for directory listings on the rubbishremoval.co website, the URLs of the Advertiser’s websites which may be hyperlinked to the rubbishremoval.co website and the materials for display advertising.

Contract

means documents including:

(a)          the Terms;

(b)          the approved or authorised Order Form;

(c)          any advertising rules, guidelines and policies which apply to the Service;

(d)          the website terms of use located on the rubbishremoval.co website relevant to the Service.

Contracted Subsequent Term

means a period of the same length as the Initial Contracted Term commencing on the day after the expiry of the Initial Contracted Term or the preceding Contracted Subsequent Term, as the case may be.

Entity

means any individual, company, partnership, joint venture (whether corporate or incorporate) or any other body (whether corporate or incorporate) carrying on a business.

 

GST

has the meaning as defined A New Tax System Goods and Services Tax Act 1999 as amended.

 

Initial Contracted Term

is the stated period commencing on the “Start Date” detailed in the Order Form (or such later date that the Order Form is approved or authorised by rubbishremoval.co.

Initial Monthly Term

is the monthly period commencing on the “Start Date” detailed in the Order Form (or such later date that the Order Form is approved or authorised by rubbishremoval.co.

Insolvency Event

means:

(a)          the Advertiser is a natural person and the Advertiser commits an act of bankruptcy;

(b)          the Advertiser is a body corporate and the Advertiser:

(i)            cannot pay its debts as and when they fall due;

(ii)           enters an arrangement with creditors other than in the ordinary course of business;

(iii)          passes a resolution for administration, wind up or liquidation (other than for the

(iv)         purposes of re-organisation or reconstruction);

(v)          has a receiver, manager, liquidator or administrator is appointed to any of its

(vi)         property or assets; or

(vii)        has had a petition presented for the winding up of the Advertiser.

Monthly Subsequent Term

means a period of the same length as the Initial Monthly Term commencing on the day after the expiry of the Initial Monthly Term or the preceding Monthly Subsequent Term, as the case may be.

rubbishremoval.co

means Gill Group Australia Pty Limited A B N 32 102 460 837.

Order Form

means:

(a)          the online application form located on http://www.rubbishremoval.co/ which is accessed from the rubbishremoval.co website. ;(b) the application form which is completed over the telephone with a sales person; or

(b)          the application form which is downloaded here and completed and faxed to rubbishremoval.co.

Payment Default

means:

(a)          there are insufficient funds in the Advertiser’s credit card account or bank account (as the case may be) to cover all fees or charges when they are due; or

(b)          any other agreed method of payment (such as cheque or electronic funds transfer) provided by the Advertiser is dishonoured or reversed.

Service

means any rubbishremoval.co products or services purchased  by the Advertiser as detailed on the Order Form including but not limited to directory listings products and services, setup fees and creative services, display advertising products and services.

Term

has the meaning given to it in clause 3.

Terms

means the terms and conditions in this document.

Users

means users of the rubbishremoval.co website including, where appropriate, the Advertiser.