Vendor Terms and Conditions
These Terms and Conditions apply between the Customer, the Waste Contractor (identified as the Vendor) and us, Skipcompare, the owners of this Website. Please read them carefully.
Should the Vendor wish to supply waste collection services on our website, the Vendor agrees to comply with and be bound by these Terms and Conditions. If the Vendor does not agree to be bound by these Terms and Conditions, we cannot accept or promote the Vendors Service.
No other terms and conditions shall apply to the Services provided by us unless otherwise agreed by us in writing.
Our website is only intended for use by Vendors based in Australia. We do not accept Vendors from outside of Australia.
By offering your service on our Website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are resident in Australia.
Definitions and Interpretation
“Fee” means the sums payable upon booking, for the provision of the waste collection service;
“Service” means the waste collection service ordered via the Website from the chosen Vendor;
“User” means the Customer accessing the Website;
“Vendor” means you, the Vendor company supplying the waste collection service to the Customer to following an introduction via the Website;
“Website” means the website www.Skipcompare.com.au and any sub-domains of this site unless expressly excluded by their own terms;
“We/Us/Our” means Skipcompare Pty Ltd, a Proprietary Limited company registered in Australia ACN 123 456 789
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting the singular shall include the plural and vice-versa.
How the contract is formed between the Customer and us
Customers can place an order with a Vendor at any time via our Website. Our Website will guide the Customer through the ordering process. Before submitting the Customer’s order, the Customer will be given the opportunity to review and amend it.
The Customers order for the waste collection service constitutes a contractual offer that we may, at our sole discretion, accept.
All orders are subject to acceptance by us and we will confirm such acceptance to the Customer by sending the Customer an email that confirms that the order has been successfully processed (“the Booking Confirmation”) together with a waste transfer note. The contract between us (“the Contract”) will only be formed when we send Customer the Booking Confirmation.
The Booking Confirmation will contain full details of the Vendor that will be providing the waste collection service, the price including taxes and any other additional charges such as for off – road licences, and the estimated date for the skip delivery.
We provide an introductory service to Vendors. By proceeding to place an order through the Website or by contacting us via the telephone, Customers accept that they will be entering into a separate contract with the Vendor on their standard terms and conditions. Whilst each Vendor is provided by Skipcompare a unique telephone number, bookings made by telephone are directed to a call centre operated by Skipcompare. If they are provided, we will endeavour without liability to make copies of the Vendor’s terms and conditions available to the Customer.
The percentage – rating we use to rate Vendors starts every Vendor on a five-star basis; only when we receive legitimate complaints will we consider de-rating a Vendor.
We will not de-rate a Vendor prior to:
- Contacting the Customer by phone to confirm the complaint is legitimate.
- Contacting the Vendor to verify the Customer’s complaint.
- Giving consideration to reasonable customer expectations.
- Giving consideration to the Vendors fleet size.
Skipcompare will not de-rate a Vendor without clear evidence of poor customer service.
If there is clear evidence of poor customer service, Skipcompare willed-rate the Vendor by 0.5 star for a 28 day period, at the end of the 28 day period, Skipcompare will return the 0.5 star.
Skipcompare does not accept any responsibility for any act or omission of any Vendor and any complaints regarding the Vendor’s services should be referred to them directly in accordance with clause2. The description of the Service is as set out on our Website. In accepting these terms and conditions you acknowledge that you do not rely on any other representations regarding the Services save for those made in writing by us.
Images are for illustrative purposes only.
No descriptions of the Services set out on our Website shall be binding on us and are intended as a guide only.
Prices listed for bins uploaded are in Australian ($AUD) and are plus GST (10%).
All orders booked on Skipcompare are subject to a ten percent (10%) Booking Fee. Vendors are responsible to take into account the Booking Fee when uploading prices for bins.
Payments to Vendors for bins booked with Skipcompare will be provided by 5.00pm or close of business on the day of delivery. Skipcompare is not responsible for any consequences (direct or indirect) arising from the late or non-payment by this time due to banking processes or events beyond our control.
Skipcompare requires 24 hours’ notice for any booking cancellations. Failure to provide adequate notice of cancellations will result in Vendor de-rating on the Skipcompare website.
The Vendor is responsible for arranging any council permits required by the customer.
Intellectual Property Rights
All copyright featured or displayed on the website is owned by Skipcompare. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.
Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.
You will not remove any copyright, trademark or other proprietary notices from material found on the website.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ”Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein.
Except as permitted by applicable copyright laws; you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All of our trademarks, service marks and trade names used herein (including but not limited to the words marked,” Skipcompare” are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.
The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of ) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
Our liability for losses you suffer as a result of us breaching this contract is strictly limited to the value of the order and any losses which are a foreseeable consequence of us breaching this contract. Losses are foreseeable where they could be contemplated by you and us at the time the contract is formed between us.
Vendors should be aware that they use the Website and its content at their own risk. Notwithstanding anything else in these terms and conditions, nothing in these terms and conditions excludes or limits in any way our liability to you:
- for death or personal injury caused by our negligence;
- our liability relating to defective products as set out in the Consumer Rights Act 2015 for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This condition does not affect your statutory rights.
Notices shall be deemed to have been duly received and properly served immediately when posted on our website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email that such email was sent to the specified email address of the addressee
Privacy and Data Protection
All personal information that we may collect (including, but not limited to, your name and address and telephone number) will be collected, used and held in accordance with the provisions of the Privacy and Data Protection Act 2014 and your rights under that Act.
In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Privacy and Data Protection Act 2014 and should use and hold your personal information accordingly.
We will not pass on your personal information to any other third parties (except the Customer) without first obtaining your express permission.
This website and its content are provided ’as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute as advice.
We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
We accept no liability for any disruption or non-availability of the Website.
Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, we make no warranty or representation that this is the case. Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
The name Skipcompare does not guarantee that all possible bins from all Waste Contractors are represented on our website.
Transfer of Rights and Obligations
The contract is between the Vendor and Skipcompare and is binding on the Vendor and Skipcompare and on our respective successors and assigns. Nothing in these Terms and Conditions shall confer any rights upon any third party. You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations under it, without our prior consent.
Events outside our control (Force Majeure)
Skipcompare will not be liable or responsible for any failure or delay in performing any of our obligations under this contract that is caused by events outside our reasonable control. Such events include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
If the rights under these terms and conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
Any part of these terms and conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our agreement. The validity and enforceability of the remaining parts of the agreement shall not be affected.
These terms and any document expressly referred to, represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of this contract.
While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask us for any variations from these Terms and Conditions to be confirmed in writing, electronic or otherwise.
Our right to vary these terms and conditions
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods and changes in relevant laws and regulatory requirements.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the laws of Queensland and both parties agree to submit to the exclusive jurisdiction of the courts of Queensland.