TERMS AND CONDITIONS FOR HIRING EQUIPMENT, PURCHASING PRODUCTS AND JUST BROWSING
Welcome to Enviro Corp.
In these terms, we also refer to Enviro Corp as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://enviro-corp.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you hire our equipment such as mould test kits and/or air quality monitors (“Equipment”) and/or purchase any associated products such as test samples through this Website (the “Products”), the payment of which are collectively referred to in these terms as an ‘Order’.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you hire Equipment from us;
• Part B: Terms for when you buy Products from us;
• Part C: Terms for when you browse and interact with this Website (applies when you browse)
• Part D: Liability and warranties, and interpretation provisions (applies to hiring, buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website, hiring our Equipment or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, whether as a result of a submitting a Booking or purchasing a Product, the terms accepted at the point of sale will apply to your hire Equipment and/or purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Hire Equipment
1 APPLICATION
(a) By clicking the tick box below, paying any Fees or otherwise accepting the benefit of any Equipment under this Agreement, you agree to be bound this Agreement and any applicable Booking Form (as defined in clause 1(b), which forms a binding contractual agreement between you or the company you represent and Enviro Corp.
(b) This Agreement will apply to all your dealings with Enviro Corp, including being incorporated in all online forms, agreements, Bookings, quotations or orders under which Enviro Corp is to hire Equipment to you (each a ‘Booking Form’) together with any additional terms included in such a Booking Form (provided such additional terms are recorded in writing).
2 BOOKINGS
2.1 BOOKING APPROVAL
(a) By submitting a Booking to hire Equipment using the Website’s functionality (Booking) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us;
(ii) you will provide copies of your valid driver’s licence/s to Enviro Corp before hiring any Equipment; and
(iii) you are authorised to use the debit or credit card you provide with your Booking.
(b) Submitting a Booking constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website, and Part B if you purchase any Products) where we will provide you with the Equipment you have booked in exchange for your payment of the total amount during the Hire Period.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Booking is being processed.
2.2 MAKING A BOOKING
(a) To make a Booking with us, you must complete and submit the Booking Form on our Website to check whether or not we have availability of the Equipment you want for your requested hire period.
(b) As part of the Booking Form and prior to the start of the Hire Period, you must:
(i) make full payment of the total hire Fees on the Website to secure the Booking;
(ii) satisfy the applicable minimum Product purchase requirement;
(iii) include or otherwise provide to us:
(A) the selected Equipment you wish to hire;
(B) the proposed start date (Start Date) and return date (Return Date)
(together, the Hire Period);
(C) your full name;
(D) business name and ABN, if applicable;
(E) contact number;
(F) email address;
(G) drivers licence number and details; and
(H) your proposed pick up or delivery address as applicable (Delivery Address).
2.3 IDENTITY VERIFICATION
(a) (Verification) We may offer or require you to verify your details using our processes or an external identity verification service as applicable (Verification Service).
(b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out above. Where a Verification Service is used, you acknowledge and agree that:
(i) we may contact and share your personal information with a Verification Service
to verify your details;
(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(c) (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(d) (Warranty and Indemnity) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify
your identity and to the extent permitted by law, we disclaim all warranties that
the Verification Service will be accurate; and
(ii) we do not endorse any third-party Verification Service.
3 EQUIPMENT
(a) The Equipment is, and will at all times be and remain, the property of Enviro Corp. You will not have or accrue any right, title or interest in or the Equipment under these terms.
(b) Risk in the Equipment will pass to you on delivery in accordance with clause 6 and remain with you until the Equipment is returned to us. You are responsible for taking all appropriate precautions to protect the Equipment from damage or destruction until you return them to us, including following any instructions provided with the Equipment.
4 PRE HIRE REQUIREMENTS
You warrant that by clicking the tick box below:
(a) you have read and understood any instructional materials provided by Enviro Corp; and (b) ensure that any person collecting or taking delivery of the Equipment on your behalf is authorised by you to do so and you will not allege that any such person is not so authorised.
5 EQUIPMENT USE
5.1 USE
(a) You must ensure that the Equipment is only used:
(i) in a proper and skilful manner;
(ii) in accordance with the Equipment manufacturer’s requirements,
recommendations and instructional materials provided to you; and
(iii) in accordance with all Laws, rules and regulations applicable to the Equipment and its use.
(b) You must not, and must not allow any other person or third party to:
(i) use the Equipment for any dangerous or illegal purpose;
(ii) make any alterations to the Equipment, including by unauthorised repair;
(iii) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;
(iv) use the Equipment when it is damaged or unsafe;
(v) affix or install any accessories, equipment or device on or to the Equipment; or
(vi) sub-hire the Equipment, without the written consent of Enviro Corp.
(c) You must, when the Equipment is unattended, always keep it locked and keep the keys under your control.
(d) You agree that you are responsible for the acts and omissions of any other person you allow to use the Equipment.
5.2 PERSONAL PROPERTY
Enviro Corp is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Enviro Corp or stolen from the Equipment or otherwise lost during the Hire Period.
5.3 CLEANING
(a) You acknowledge and agree that the Equipment is hired out in a clean condition. You must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Equipment is not Clean upon return, the cleaning fees set out on the Website or otherwise provided to you by Enviro Corp will apply (Cleaning Fee).
(b) The Cleaning Fee charged to you will be the Enviro Corp’s reasonable costs of ensuring the returned Equipment is Clean, as reasonably determined by Enviro Corp.
6 DELIVERY AND RETURN
(a) The Equipment and attached Products will be delivered to and collected from your noted Delivery Address, in exchange for full payment of the Fees.
(b) You must ensure that you are available for delivery of the Order on the date of delivery. It is your responsibility to make sure you are available for delivery. Any delay in delivery or accepting the Order due to your acts or omissions will not delay the start of your Hire Period, and you will be liable for any costs incurred in the re-attempted delivery of your Equipment (if necessary). You are responsible for ensuring you provide us with the correct address details.
(c) You must on the Return Date and by the Return Time, make the Equipment available to be picked up by a third-party courier sent by Enviro Corp at the Delivery Address in the same condition as it was in on the Start Date, less any Products purchased by you.
(d) If you do not comply, or believe you may not be able to return the Equipment by the Return Date, with clause 6(a), then you may wish to extend the Hire Period (Extension) by contacting us via the details on our Website.
(e) If you do not comply with clause 6(d), then you must pay the Late Charge for every additional 24 hour period after the Return Time on the Return Date for which you retain possession of the Equipment. All Extensions are subject to availability and you will be provided with an additional quote for Fees which must be paid by you for an Extension to be valid.
(f) If you return the Equipment before the Return Date, you may, at the absolute discretion of Enviro Corp, be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.
(g) For the purposes of this agreement:
(i) “Late Charge” means the standard hire rate per day as set out on the Website, and any service fees incurred by third-party courier sent by Enviro Corp for a re-
attempted pick-up or delivery of the Equipment; and
(ii) “Return Time” means the time that Enviro Corp‘s courier notifies you on the day of the Return Date.
7 BREAKDOWNS
(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Period (Breakdown), you must immediately:
(i) notify Enviro Corp;
(ii) stop using the Equipment;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;
(v) not repair or attempt to repair the Equipment without Enviro Corp’s written consent; and
(vi) comply with Enviro Corp’s directions in relation to the return of the Equipment.
(b) Subject to clause 7(c), if, upon inspection of the Equipment, Enviro Corp determines that a Breakdown was:
(i) caused by a fault in the Equipment (not caused or contributed to by you) (Equipment Fault) then Enviro Corp will provide you with a pro-rata refund of
any Fees paid for the period of the Hire Period during which the Breakdown persisted; or
(ii) not caused by an Equipment Fault, then you will still be required to pay the Fees; or
(iii) if available, provide equivalent replacement Equipment.
(c) Clause 7(b) does not limit:
(i) any of your rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies Enviro Corp may have access to in relation to a Breakdown, under this Agreement or otherwise.
8 LOSS, DAMAGE AND PERSONAL INJURY
You will be fully liable to Enviro Corp for:
(a) any loss or damage to the Equipment during the Hire Period, or otherwise when the Equipment is in your possession, and must give reasonable notice to Enviro Corp in writing of any such loss or damage; and
(b) all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Period, or otherwise when the Equipment is in your
possession.
9 INCIDENTS AND INSURANCE
9.1 INSURANCE
(a) You acknowledge that Enviro Corp may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover you or your use of the Equipment and Enviro Corp will have no obligation or requirement to insure your use of the Equipment under this Agreement.
(b) If Enviro Corp notifies you that it holds insurance in relation to the Equipment, you must not do or permit anything to be done which may make Enviro Corp’s insurance invalid or able to be cancelled or which may increase Enviro Corp’s insurance premiums.
(c) Enviro Corp reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Period, to damage or loss caused or contributed to by you, however Enviro Corp is under no obligation to. If Enviro Corp chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Period, you will be required to pay any excess payable by Enviro Corp in respect of such a claim.
9.2 INCIDENTS, LOSS AND DAMAGE
(a) Subject to any Enviro Corp insurance policy that covers you, which Enviro Corp has indicated it will claim against to cover you, if the Equipment is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Equipment is in your possession, you must compensate Enviro Corp for any costs of repair or replacement.
(b) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Period, or otherwise when the Equipment is in your possession (Incident), you:
(i) must promptly report the Incident to the local police (if required by Law);
(ii) must report the Incident to Enviro Corp in writing;
(iii) must, if such damage, destruction or theft is covered by and compensated to
Enviro Corp under an insurance policy, pay the relevant excess amount to Enviro Corp (if applicable), as well as any other reasonable costs that Enviro
Corp incurs in relation to such damage, destruction or theft;
(iv) must not, without Enviro Corp’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in
relation to the Incident, except as required by Law;
(v) must, if requested, permit Enviro Corp or its insurer bring, defend, enforce or settle any legal proceedings in your name in relation to the Incident; and
(vi) must, if requested, provide to Enviro Corp, within a reasonable time, any statement, information or assistance which Enviro Corp or its insurer requests,
including by attending a lawyer’s office or a court to give evidence.
10 PAYMENT FOR EQUIPMENT
10.1 FEES
(a) All prices are:
(i) in Australian Dollars; and
(ii) subject to change prior to you completing a Booking without notice.
(b) You must pay the fees in the amounts set out on the Booking Form, Website or as otherwise agreed in writing (the Fees).
10.2 ADDITIONAL CHARGES
You must also pay any applicable additional charges, expenses or fees to Enviro Corp or as otherwise agreed in writing, including but not limited to the:
(a) Cleaning Fee;
(b) Delivery Fee; and
(c) Late Charge fee;
10.3 TIME FOR PAYMENT
Unless otherwise agreed in writing, you must pay for the total Fees for Equipment before the start of the Hire Period.
10.4 GST
Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Enviro Corp, you must pay the GST subject to Enviro Corp providing a tax invoice.
10.5 CARD SURCHARGES
Enviro Corp reserves the right to charge credit card surcharges in the event that payments are
made using a credit, debit or charge card (including Visa, MasterCard or American Express).
10.6 ONLINE PAYMENT PARTNER
We may use third-party payment providers such as Stripe and Afterpay (Payment Providers) to collect payments for hiring the Equipment. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the
Payment Provider accessible here: Stripe: https://stripe.com/au/legal/ssa and Afterpay: https://www.afterpay.com/en-AU/terms-of-service, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
10.7 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your Booking was hired (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of making your Booking at the correct price or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.
10.8 PAYMENTS OTHER THAN FEES
Immediately on request by Enviro Corp, you must pay:
(a) the price of any Equipment which is for whatever reason not returned to Enviro Corp;
(b) the full cost of repairing any damage to the Equipment caused or contributed to by you;
(c) all costs incurred by Enviro Corp in delivering and recovering possession of the Equipment; and
(d) any expenses and legal costs (including commission payable to a commercial agent)
incurred by Enviro Corp in enforcing this Agreement due to your default.
11 OWNERSHIP, POSSESSION AND TITLE
11.1 OWNERSHIP
(a) The Equipment is and will at all times remain the property of Enviro Corp, notwithstanding delivery of the Equipment to you or the possession and use of the Equipment by you.
(b) You will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
11.2 POSSESSION
You must not, without Enviro Corp’s prior written consent, part with possession of the Equipment during the Hire Period.
11.3 ENCUMBRANCES
You must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:
(a) if a repairer’s lien arises, you must take all necessary steps to have it removed or satisfied, or, at Enviro Corp’s option, Enviro Corp may remove or satisfy the lien at your cost; and
(b) a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event you must pay any money due so that the Equipment will be free of the lien or charge.
12 EARLY RETURN
(a) Notwithstanding any other clause in this Agreement, Enviro Corp may demand the early return of the Equipment, or retake possession of the Equipment, if Enviro Corp reasonably suspects that:
(i) damage to the Equipment or injury to any person in connection with the
Equipment is reasonably likely; or
(ii) the Equipment may be used for an unlawful purpose; or
(iii) the Equipment may be used or is being used in accordance with the restrictions set out in clause 5 and this agreement.
(b) If Enviro Corp, in its absolute discretion, allows early return of the Equipment in accordance with clause 6(f), Enviro Corp will provide a pro-rata refund of the Fees for the Hire Period, less any the fees for Products purchased, delivery fees paid to Enviro Corp’s third party courier and any reasonable expenses incurred by Enviro Corp or its third party suppliers up until the date of early return.
Part B For When You Buy Products
13 PURCHASING A PRODUCT
(a) By submitting an Order for purchase of a Product (including if a Product is required to be purchased as part of a Booking) using the Website’s functionality you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part D which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
14 PRODUCT DISCLAIMERS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by Enviro Corp. Risk in the Products will pass to you on delivery in accordance with clause 16.
Delivery must not be refused by you.
15 PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Enviro Corp, you must pay the GST subject to Enviro Corp providing a tax invoice.
(d) (Card surcharges) Enviro Corp reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) The same Payment Providers in clause 10.6 applies to the purchase of Products.
16 DELIVERY AND SHIPPING
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(c) (International Orders) Enviro Corp currently does not provide international shipping. Enviro Corp reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
17 CHANGES TO YOUR ORDER
17.1 CANCELLATION BY US
We reserve the right to cancel your Order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
17.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 17.3 may apply.
18 RETURNS AND EXCHANGES
(a) Due to the nature of our Products, we do not offer change of mind returns. If you have any issues or queries, please contact us at: admin@enviro-corp.com.au
(b) We will only provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result
of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 17.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a
Product.
(c) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the
manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the
fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 17 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no
refund in respect of the faulty Product.
(vi) Nothing in this clause 17 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
19 INTELLECTUAL PROPERTY
(a) Enviro Corp retains all intellectual property rights in the design of the Equipment and the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 18, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
20 THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(C) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 17.
Part C For When You Browse This Website…
21 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
22 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Enviro Corp;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Enviro Corp, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
23 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
24 INTELLECTUAL PROPERTY
(a) Enviro Corp retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Enviro Corp or as permitted by law.
(c) In this clause 23, “intellectual property rights” means all copyright, trade mark, design,patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
25 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
26 THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://wordpress.com/tos/ and https://stripe.com/au/legal/ssa
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
27 SECURITY
To the maximum extent permitted by law, Enviro Corp does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
28 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part D Liability And Other Legal Terms
29 LIABILITY
29.1 WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation
of the ACL. Please note that:
(a) Products sold by Enviro Corp, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
29.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 28.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Enviro Corp under the most recent Order.
(b) Clause 28.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 2.1(a)(iii), 5, 7, 8, 9, 10.8, 11, 19, and 22.
(c) Claims for loss of or damage to Products in transit must be made against the carrier.
29.3 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products
or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
30 GENERAL
30.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
30.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
30.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
30.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
30.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
30.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
30.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
30.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
31 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.