TERMS AND CONDITIONS
1 About the website
Welcome to www.sydneyshred.com.au. The website provides you with an opportunity to browse, access and purchase various products and services.
The website is operated by Sydneyshred. Access to and use of the website, or any of its associated products or services, is provided by Sydneyshred. Please read these terms and conditions carefully. By using, browsing and/or reading the website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the terms, you must cease usage of the website, or any service immediately.
Sydneyshred reserves the right to review and change any of its terms by updating this page at its sole discretion. Any changes to the terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the terms for your records.
2 Acceptance of the terms
You accept the Terms by remaining on the website. You may also accept the Terms by clicking to accept or agree to the terms where this option is made available to you by Sydneyshred in the user interface
3 Terms of Use
These Terms of Use conditions are effective from the date of acceptance of the Client proposal or quotation by the Client, or are implied by the use of this website. These Terms of Use may be amended from time to time by notice given by the Company by any means.
4 Definitions
“Company” means Sydneyshred Pty Ltd, the supplier of products and services.
“Client” means the entity purchasing the products and services provided by the Company.
“Products and Services” means all products and services provided by, or ordered from the Company by the Client including quotes, proposals, services, samples and finished products.
“Equipment” means secure document or e- waste bins, consoles, locks and keys
5 Agreement Scope, Term and Prices
Any projects, services and prices are limited to those outlined in the agreed proposal and any additional services are subject to a separate agreement and additional charge. The Company reserves the right to adjust prices at any time. The cost of out-of-pocket expenses including, inter alia, delivery, pickup and disposal for goods or services will be invoiced separately, unless otherwise agreed.
6 Goods and Services Tax
All prices quoted and agreed are subject to Goods and Services Tax (GST). If the GST rate increases or decreases, the overall invoiced prices will change so that the pre-GST agreed price remains the same.
7 Payment and costs
The Client agrees to pay the Company in accordance with the terms specified in each proposal. In the absence of such terms, payment is due within 7 days of invoice. The customer acknowledges that a failure to pay within the time frame specified on invoice on within 7 (seven) days of receipt of invoice; whichever is greater any invoices that remain unpaid past this date will incur late payment fees. At the Company’s sole discretion, payment may be required prior to the supply of any products and services. Credit Terms may be granted at the sole discretion of the Company. In the event of a default, the Company reserves the right to withdraw service without notice and will not be liable for any subsequent loss or damage to the Client. In the event of a default, any work undertaken by the Company, or monies paid by the Client may be retained by the Company as security until such time as all claims against the Client are settled. In the event the Company incurs legal or other costs associated with enforcing payment including the use of a debt collection agency, any associated costs will be for the account of the Client. Legal costs will be payable by the Client on a solicitor/client basis.
8 Client Obligations
The Client agrees: –
- To comply with all legal requirements and requirements of all relevant regulatory authorities relating to the services.
- The secure document shredding bins are to be available for collection on ground floor access should a goods lift or lift access not be available. The client is to acknowledge due to WHS (Workplace Health and Safety) the drivers are not to bring filled bins down stairs.
- Equipment to be used only for its proper and intended purpose.
- To provide Sydneyshred such access to the equipment and the site as is reasonably required to enable Sydneyshred to provide the services safely and efficiently.
- Not to damage deface or remove identifying marks from the equipment.
- All equipment supplied by Sydneyshred remains the property of Sydneyshred. in the event that any equipment is lost, misplaced or damaged, the client shall repair the equipment to its original state or replace it at the expense of the client.
- The client is liable for any damage caused to the equipment whilst they are in possession of the client. The client agrees is to reimburse Sydneyshred upon invoice for any damage or replacement costs as required.
9 Delays
Additional costs may be charged for delays caused by the Client. The Company is not held liable for any losses or damages caused by delays. The Client is not entitled to a refund due to delays.
10 Ownership
Ownership of any intellectual property remains with the Company unless agreed in writing with the Client. Except as agreed in writing between the Company and the Client, the Client will not reproduce, modify, distribute or resell the Company’s properties.
11 Termination of Agreement
Either party may terminate the agreement by giving 30 days written notice unless otherwise agreed in writing. In the event that the work is delayed or terminated at the request of the Client, The Company shall have the right to invoice pro rata for work completed as at the date of that request and for any out-of-pocket expenses whether incurred as at the date of the request or otherwise, while reserving all right under this Agreement.
12 Offer and Acceptance
Any agreement in writing, by email notification or as evidenced by payment of an invoice, constitutes acceptance of the proposed project and these Terms of Use.
13 Confidentiality
Sydneyshred will keep confidential any confidential information obtained in relation to any work undertaken for the Client. This obligation will cease in the event the information is required to be disclosed by law, or becomes part of the public domain other than as the result of a breach by the Company.
14 Subcontractors
The Company reserves the right to complete any service or work through the use of subcontractors who will be bound by these Terms of Use.
15 Testimonials and reference sites
Unless otherwise agreed in writing, the Client agrees to allow the Company to retain a link from the Clients website, to include the Clients logo on the Company’s website and to use work provided to the Client or comments by the Client as testimonials.
16 Copyright Clearance
The Client is responsible for obtaining the necessary legal clearance or licence for all images, trademarks, patents, domain names, audio and visual material and any other intellectual property provided by it to the Company. The Client indemnifies The Company against any loss or damage arising from any unauthorised use of any intellectual property supplied by it to the Company.
17 Limitation of Liability
Any liability arising from the provision of services and products by the Company is limited to the net cost of the relevant service or project.
18 Client Warranties and Indemnities
The Client warrants that, at the time of entering into any agreement with the Company the Client has not relied any representation made by the Company that are not expressly provided in writing.
The Client indemnifies the Company against all costs, losses or liability the Company may suffer as a result of the Client breaching these Terms of Use.
It is Client’s responsibility to check carefully the accuracy of any marketing products or information provided by the Company including contact details including, inter alia, telephone numbers, email and website addresses.
19 Competition and Consumer Act
Nothing in these Terms of Use is intended to override the provisions contained in the Commonwealth Competition and Consumer Act 2010
20 Client Ownership
The Client agrees to notify the Company in writing within seven (7) days of any change in ownership structure and indemnifies the Company against any loss or damage that may result from the Client’s failure to notify the Company of any change. In the event of a change of ownership for either the Client or the Company any agreements between the Client and the Company will transfer to the new owners.
21 Dispute Resolution
Unless otherwise agreed between the parties, in the event of a dispute, the matter must be referred, in the first instance, to mediation at the NSW Civil and Administrative Tribunal
20 Governing Law
Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under any pursuant to the laws of Australia. The Company shall have the exclusive right to nominate the Court in which any legal proceedings are commenced and conducted.
22 Other Terms of Use
The Company accepts no responsibility for any change in the law which may affect the supply of products or services. Neither the Company nor the Client shall be liable for any breach of contractual obligations caused by force majeure. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of the remaining terms. Clerical errors are subject to correction and are not binding on the Company. Headings are for ease of reference only and do not form part of these Terms of Use. When interpreting this Terms of Use, the Rule of Construction applies.
23 Privacy
Any information provided through your use of the website and/or the Purchase Services are subject to the companies Privacy Policy
The Company has in place a Privacy Policy in accordance with the National Privacy Principles set out in the Privacy Act, 1988. Please refer to separate disclosure.
COLLECTION OF INFORMATION OTHER THAN PERSONAL INFORMATION
WEBSITE SITE VISIT INFORMATION
Within the Sydneyshred website, there will be general information about access visits which may include server address, the date and time of access visit, the pages that are accessed, the information that has been downloaded and the type of Internet browser utilised. Sydneyshred may use this information in anonymous, aggregated form, for statistical purposes only, to assist us in improving the quality and usability of our website.
COOKIES
A cookie is a small string of information that a website transfers to the browser for identification purposes. The cookies that Sydneyshred utilise may identify individual users.
Cookies can either be “persistent” or “session” based. Persistent cookies are stored on the user’s computer, contain an expiration date, and are mainly for the user’s convenience. Session cookies are short-lived and are held on your browser’s memory only for the duration of your session; they are used only during a browsing session, and expire when you quit your browser.
Sydneyshred may use both session and persistent cookies. This information may be used to personalise the user’s current visit to our websites. Upon closing your browser, the session cookie is destroyed.
Most Internet browsers can be set to accept or reject cookies. If the user does not want to accept cookies, they can adjust their Internet browser to reject cookies or to be notified when they are being used. However, rejecting cookies may limit the functionality of our website
GOOGLE ANALYTICS COOKIES
Sydneyshred uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.
GOOGLE ADWORDS’ REMARKETING
Sydneyshred publishes Google AdWords’ Remarketing interest-based advertisements on other websites. This website may use a remarketing tag to advertise online. This means that Google and other third-party vendors may show our ads to you on sites across the Internet. These third-party vendors, including Google & DoubleClick, may use cookies to serve ads to you based upon your past visits to our website.