General Terms and Conditions of Use of the bookabin Website and the Supply of Services
A. Use of the Website
B. Supply of Services
- Liability: Whilst reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither bookabin nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
- Copyright and Limited Reproduction Notices: The content of the website (“website material ”) is the copyright of bookabin. No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the website may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, any website material solely for your own use.
- Linking: The website may include links to third party materials (“linked sites ”). bookabin will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply bookabin’s endorsement of the site or any association with their operators. bookabin reserves the right to prohibit links to the website and you agree to remove or cease any link at bookabin’s request. You may not frame any part of the material contained in this website by including advertising or other revenue generating material.
- Advertisers: Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party. bookabin is not responsible or liable for any part of any such dealings or promotions.
- Privacy: You authorise bookabin to collect, retain and use personal information about you for the purposes of: (a) assessing your creditworthiness; (b) processing payment for any services which you purchase from any party using the website; (c) provision of information to suppliers to enable performance under an approved purchase order and (d) any other use that you authorise. You have rights of access to and correction of the registration information and any other 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 bookabin subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
- Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk. bookabin is not responsible for any adverse consequences arising out of the use of information contained on the website. bookabin does not give any warranty of accuracy or reliability of information contained on the website to you or any other person. To the extent permitted by law bookabin excludes all responsibility and liability for such material.
- Agency: bookabin acts as an agent for the refuse bin service suppliers listed on the website. Those suppliers have authorised bookabin to enter into binding contracts for the supply of those services on their behalf, and to collect payment under those contracts. bookabin receives payment from suppliers for all refuse bin services sold via the website.
- Operation of Website: The website will invite you to supply certain information regarding your service requirements. On the basis of that information, bookabin will recommend one supplier to you based on the best price for services matching your requirements. You will then be invited to submit a purchase order.
- Submitting Orders: Submitting a purchase order to the website constitutes an offer to enter into a contract for the provision of refuse bin services with the third party supplier (“Supplier ”). On receipt of confirmation of that order, you will be bound by a contract to purchase the services requested in the purchase order, subject to your rights to cancel or vary the order set out in clause 13 of these terms and conditions. You must be 18 years of age to purchase services using the website, and bookabin reserves the right to decline orders on that basis.
- Terms: bookabin and Supplier will supply services to you on these terms only (as may be amended from time to time). The only circumstance where any variation to these terms will apply is where bookabin has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms will take priority over any other terms of trade.
- Price: The price of the goods or services is that stated on the website at the time of acceptance of your purchase order, unless otherwise expressly agreed in writing by bookabin. The prices include goods and services tax ("GST "). All prices are stated in New Zealand dollars.
All prices include the cost of delivery and removal of bins. Prices quoted are based on the information which you submit to the website, and bookabin reserves the right to vary prices if that information is incorrect.
- Payment: You must make payment for your order upon submitting that order (“due date ”) by credit card payment directly to bookabin.
- Additional Charges: You are responsible to pay the supplier directly for any fees incurred for incorrect waste or excess weight.
- Delivery: Supplier will endeavour to deliver refuse bins on the agreed delivery dates but neither bookabin nor Supplier will be liable for any failure or delay in delivery except as provided in clause 9. Late delivery does not entitle you to cancel any order or part order.
- Refunds: bookabin will provide a full refund of fees paid in respect of:
- any ordered services not provided due to failure or delay by Supplier; or
- any services provided not being substantially the same as the services requested in the purchase order, provided you notify bookabin of the request for refund within 5 working days of the scheduled delivery date for the service and subject to confirmation of the failure, delay or substantially incorrect service by Supplier.
- Use of Bins: While refuse bins are in your possession, you will not:
- light fires in the bin; or
- 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, greases or liquid concrete; or
- fill any bin higher than the top of its sides and in such a manner as to prevent spillage of material from the refuse bin either while stationary or in transit; or
- move any bin without Supplier’s consent.
- Risk: You will be liable to Supplier for any damage to refuse bins which occurs while in your possession, subject to fair wear and tear.
- Access and Ground Conditions: You will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the delivery, placement and removal of the bin. No responsibility will be accepted for the damage to any surface and you should therefore take steps to protect surfaces (e.g. paving slabs, soft ground) before delivery.
- Order Cancellation and Variation: You will be entitled to cancel or vary an order provided that the Supplier receives notice of cancellation or variation no less than 2 working days before the delivery date under the order. You will incur an Administration Fee of $30.00 for a cancellation. Any variation made to your order within two working days prior to delivery will be granted at the Supplier’s sole discretion and, in addition to the Administration Fee, may be subject to payment of reasonable costs. bookabin reserves the right to cancel or vary any order if Supplier is no longer able to provide the services set out in a purchase order, provided that bookabin will first notify you and use all reasonable endeavours to procure a viable alternative to meet your requirements. In the event an order is cancelled by bookabin the customer will receive a full refund of any monies paid in advance for the cancelled order.
- Warranties: bookabin will pass on to you the benefit of any warranties normally given by Supplier. bookabin and Supplier expressly excludes to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. You acknowledge that bookabin is not responsible for the quality of services provided to you and any dispute regarding those services is between you and Supplier.
- Limitation of Liability: The liability of bookabin and Supplier for any claim, damages, loss or expense related to the supply of services is limited to the cost paid by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, neither bookabin nor Supplier will be liable in any event whether in tort (including negligence), 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.
- Force Majeure: Neither bookabin nor Supplier will be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from an any circumstance beyond bookabin’s or Supplier’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.
- Consumer Guarantees Act 1993 (the "Act"): If you are a consumer under the Act and you are acquiring or holding yourself out as acquiring services for a business purpose, the Act will not apply. Subject to this clause nothing in these terms and conditions will affect your rights as a consumer under the Act.
- Changes to Terms and Conditions: bookabin may alter these terms at any time by placing notification that the terms have been revised on the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
- Waiver: If at any time bookabin does not enforce any of these terms or grant you time or other indulgence, bookabin will not be construed as having waived that term or its rights to later enforce that or any other term.
- 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.
- Governing Law: These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.