REMONDIS Terms and Conditions

Version 20th February 2023

  1. About REMONDIS
    1. This website is published by REMONDIS Australia Pty Ltd ACN 002 429 781 ("REMONDIS") (trading as REMONDIS), of Level 4, 163 O'Riordan Street, Mascot NSW 2020 (us, we, our or REMONDIS).
    2. Your purchase of services from online.remondis.com.au ("website") is subject to these website terms of use and Terms and Conditions of Sale and Supply of Services ("Terms") and the REMONDIS Privacy Policy available at online.remondis.com.au/privacy.
    3. REMONDIS operates as part of the REMONDIS waste management and recycling services business.
    4. REMONDIS is a digital recycling and waste removal service which comprises of the following waste stream services available on the website, including but not limited to:
      1. general waste;
      2. green garden waste;
      3. soil & dirt;
      4. bricks, tiles, rocks, concrete;
      5. furniture and appliances;
      6. household items;
      7. household waste;
      8. metal and steel;
      9. timber;
      10. glass and plastic;
      11. paper and cardboard; and
      12. construction waste.
    5. You will be able to make an offer to REMONDIS via the website to purchase at the specified price on or before the end date specified on the website, or until otherwise removed from the website or on the conditions specified, and where REMONDIS accepts your offer, REMONDIS will sell the services to you in accordance with these Terms.
    6. You and REMONDIS may enter into a sale contract for the sale and supply of services, by you making an offer to REMONDIS via the website, to purchase services at the specified price, subject to these Terms.
    7. The "REMONDIS" logo and word are trademarks of REMONDIS.
    8. In these terms:
      1. "you", "user", "member", "Customer" and "guest" means anyone who visits and/or uses this website;
      2. a reference to a "third party" in these Terms includes a reference to any agent or contractor of REMONDIS, its related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them;
      3. "Equipment" means all equipment used in providing the service which is supplied, organised or otherwise provided by REMONDIS including without limitation, equipment specified in these Terms or agreed in writing between the parties;
      4. HVNL means the Heavy Vehicle National Law (Cth) 2012 as modified and adopted in all relevant states and territories in Australia;
      5. "Order" means an offer made by you in response to an invitation to treat made by REMONDIS via the website or email; and
      6. "Waste" means the waste types specified in your Order and these Terms or as otherwise agreed in writing between the parties.
  2. The website
    1. Your use of the website is subject to these Terms of use. If you do not accept these Terms, you must refrain from using this website or making a purchase from the website.
    2. REMONDIS carries on business from the website.
    3. The services described in this website are available from REMONDIS only (unless otherwise specified by REMONDIS).
  3. User Agreement
    1. By accessing, purchasing and/or using the website, you accept these Terms and agree to be bound by them, and an agreement is formed between us and you.
    2. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
  4. Guests and Registered Users
    1. You may access and/or use the website as a guest or as a member.
    2. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Service Team at online.remondis.com.au/contact
    3. You will receive an email from us as soon as practicable after you create your membership account.
    4. We only permit one registration per email address.
    5. You must not use another members' account without permission.
    6. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
    7. If you forget your password you may click on the relevant link ( online.remondis.com.au/recover ) located on the website and we will email you a new password. Alternatively, please contact the Customer Service Team at online.remondis.com.au/contact if you have any enquiries in relation to your account.
    8. We reserve the right to terminate a member's account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
  5. Legal Capacity
    1. You must be eighteen (18) years of age or over to register as a member of the website or purchase services from the website.
    2. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
      1. are over the age of eighteen (18) years;
      2. accept these terms;
      3. agree that you have entered into a legal contract with REMONDIS in relation to these terms; and
      4. these terms, together with your order, constitute the entire agreement between you and REMONDIS for the supply of services.
    3. REMONDIS reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage REMONDIS may suffer as a result of a transaction entered into by a minor.
  6. Orders
    1. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
    2. Representations of services for sale and supply made by REMONDIS via the website do not constitute an offer to sell but an invitation to treat.
    3. You and REMONDIS may enter into a contract for the sale and supply of services by you making an offer via the website to purchase a service(s) at the price provided on the website, or at the price provided by a quotation via email (if a price cannot be provided on the website), by:
      1. placing an electronic Order for the services using the website; and
      2. you confirming the Order details in accordance with the procedure on the website;
      3. you making payment in full (plus any applicable delivery charges) on the website; and
      4. the acceptance of that offer by REMONDIS.
    4. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
    5. When entering into a sale and supply contract via the website, you will be taken to have communicated your offer to purchase the service(s) only when:
      1. any requirements set out in these Terms have been met;
      2. the electronic instruction containing the offer from you enters and is recorded in our database;
      3. a record is created and stored in our database; and
      4. REMONDIS receives in its account full payment from you for the service (including any applicable delivery, collection and installation charges) and confirmation of that payment is received by our database.
    6. You acknowledge that:
      1. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by REMONDIS for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
      2. to the extent permitted by law, REMONDIS is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
      3. REMONDIS may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
      4. REMONDIS may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
    7. You will receive an email from REMONDIS as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Team at online.remondis.com.au/contact .
    8. If your Order is not accepted by REMONDIS, REMONDIS will notify you by telephone or email and if a payment has been processed, will arrange for a full refund of any payment made by you to be processed.
    9. REMONDIS may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the services on the website, or an error in your Order.
    10. Any representations made about availabilities are subject to change. If REMONDIS cannot supply a particular service, REMONDIS will notify you by telephone or email as soon as possible.
    11. REMONDIS will be deemed to have accepted your Order when your Order is delivered to your specified delivery address.
  7. Waste
    1. All Waste remain at all times the property of and are at the risk of the Customer.
    2. REMONDIS may in its absolute discretion refuse to handle any materials other than the Waste specified in these Terms, including but not limited to asbestos, acid, solvent, mineral, grease, liquid, liquid concrete, explosive or any toxic, dangerous, or hazardous waste.
    3. If you wish REMONDIS to handle or remove any materials other than Waste specified in these Terms, you must first disclose the composition and nature of those materials to REMONDIS and obtain its prior written agreement.
    4. If you have not first obtained REMONDIS's prior written agreement and any materials other than waste are removed or handled by REMONDIS, REMONDIS does so as your agent and may return the materials to you, and you acknowledge and agree that it must accept the return of that material.
    5. If you do not comply with this clause 7 you may be required to pay additional charges to REMONDIS.
  8. Equipment
    1. You must:
      1. only use the Equipment for its intended purpose and in accordance with any instructions given by REMONDIS;
      2. maintain the cleanliness of the Equipment and not damage, deface or remove identifying marks from the Equipment and notify REMONDIS immediately if any Equipment is damaged, defective or dangerous;
      3. ensure that nothing but Waste is placed in the Equipment;
      4. comply with REMONDIS's bin guidelines stating "Allowed" and "Prohibited Items" available at the following link online.remondis.com.au/services;
      5. not claim any proprietary right to or otherwise deal with the Equipment which at all times remains the property of REMONDIS;
      6. not move any bin without REMONDIS's consent;
      7. not light any fire in the Equipment;
      8. not place or allow to be placed into the Equipment any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete; and
      9. not fill any Equipment higher than the top of its sides and in such a manner as to prevent spillage of material from the Equipment either while stationary or in transit.
    2. If you do not comply with this clause 8 you may be required to pay additional charges to REMONDIS.
    3. You must ensure that the Equipment is not overloaded and that the Waste at no time exceeds 80 kilograms per cubic metre for general waste, 450 kilograms per cubic metre for mixed construction and demolition waste, or otherwise the allowable weight amount advised by REMONDIS at the time of your Order. If you do not comply with this requirement then REMONDIS may either refuse to collect the Waste, or may charge an additional charge which in the case of:
      1. overloading will be equal to the charge for an extra collection charge; and
      2. over-compaction will be the amount equal to the tonnage fee payable by REMONDIS at the applicable disposal point.
    4. You acknowledge and agree that you have obligations under the HVNL including without limitation, as consignor, and warrant that you will comply with its obligations under the HVNL including without limitation ensuring that the Equipment is not overloaded.
    5. You agree to promptly do anything that REMONDIS reasonably requests (including obtaining consents, and signing and producing any documents) and provide all assistance and information necessary to ensure that REMONDIS can perfect, preserve, maintain, protect, or otherwise give full effect under the Personal Property Securities Act 2009 (Cth), to these Terms and the security interests (if any) created by these Terms, including registering one or more financing statements in relation to the security interests created by these Terms.
  9. Price
    1. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery, collection, removal or installation charges of the Equipment.
    2. Prices are subject to change.
  10. Payment
    1. All payments must be made in full prior to delivery.
    2. If you arrange a recurring Order, you will be charged 4 days in advance of a scheduled delivery or collection service. Should your payment be declined or dishonoured, your Order will be placed on a 'stop service' until such time that our Customer Service Team makes contact with you to update your payment details, arrange an alternative method of payment or cancel the Order.
    3. Payments must be made via the Braintree or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
  11. Supply and Delivery
    Subject to you complying with these Terms and acceptance of your Order by REMONDIS, REMONDIS will arrange and supply waste services to you as shown on your Order confirmation within the timeframe indicated, or where necessary, may vary any services in your Order (as agreed by you) within a timeframe indicated by REMONDIS.
  12. Access to your site
    1. REMONDIS agrees to provide the waste services as set out in any Order to the Customer in accordance with these Terms at your delivery address ("Site") for the service period at times agreed between the parties or as REMONDIS reasonably requires from time to time to meet its operational requirements.
    2. You must ensure that REMONDIS has unimpeded access at all times to the Site in order to perform the Service and warrants that all ground surfaces at the Site are suitable for providing the Service.
    3. If REMONDIS or any of its third parties attend the Site but are:
      1. unable to gain access;
      2. delayed in gaining access; or
      3. unable to provide the service,
      4. as result of an act or omission of the Customer or third party engaged by, or acting on instructions of, or under the control of you then you shall pay REMONDIS a futile fee for the attempted provision of the service. For the purposes of this clause, a "futile fee" means the reasonable fee charged by REMONDIS pursuant to this clause 12.3 for attempting to provide the service.
  13. Variation of these Terms and Conditions
    1. We may make changes to these Terms at any time. You should check these Terms regularly for such changes. If we change these Terms we will publish an updated version under the 'Terms and Conditions' link on the website. Your access or use of the website after an updated version of these Terms has been made available on the website indicates your acceptance of the Terms as changed by us.
      1. any unauthorised access to or use of the websites secure servers;
      2. any interruption or cessation of transmission to or from the website;
      3. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
      4. the quality or fitness for any purpose of any linked sites.
  14. Liability and indemnity
    1. We do not represent that the information contained in the website is accurate, comprehensive, verified, complete or error free. We will attempt to keep the content on the website up to date. However, we do not warrant the accuracy or currency of the content.
    2. Except as expressly provided in these Terms, and to the fullest extent allowed by the law, REMONDIS and its related parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your Order, these Terms or your access to or use of the website.
    3. To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you and you indemnify and hold us harmless in respect of any and all claims, loss, damage or costs (including legal costs on a full indemnity basis), however arising (whether in negligence or otherwise) in connection with:
      1. your use, misuse or reliance on the website, Our Content (as defined in paragraph 22), User Content (as defined in paragraph 22) and any content accessed through the website;
      2. your failure to comply with these Terms;
      3. Your User Content (as defined below), including its use, misuse or misappropriation;
      4. your use, misuse or reliance on any Linked website (as defined in paragraph 23); or
      5. any acts or omissions by you.
  15. Website disclaimers
    1. Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the website, including rights arising from any statutory guarantee, nothing in these Terms operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of the website, Our Content, Your Content, User Content and Linked websites, is entirely at your own risk and are provided without warranty, either express or implied.
    2. We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the website. Although reasonable precautions have been taken, we do not guarantee that access to the website will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the website.
    3. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
  16. Waiver
    Our failure to exercise or enforce any one or more of our rights under these Terms will not constitute a waiver of our rights.
  17. Order Enquiries
    If you have any query about the progress of your Order please contact the Customer Service Team www.online.remondis.com.au/contact. Please have your Order number handy as shown on the email confirmation.
  18. Defective, Damaged or Faulty Equipment
    1. If any service ordered by you arrives damaged, defective, faulty or is not of acceptable quality you may have:
      1. rights under our refund policy;
      2. legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
      3. to have the service replaced or to receive a refund of the price paid by you for the service.
      4. if your Order arrives damaged or defective, please contact the Customer Service Team www.online.remondis.com.au/contact
  19. Privacy and Personal Information
    1. You may be asked to input information about yourself on different areas of the website. If so, we will only use that information in accordance with our REMONDIS Privacy Policy, a copy of which can be found here online.remondis.com.au/privacy .
    2. The privacy of your personal information is important to REMONDIS.
    3. REMONDIS and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Service Team online.remondis.com.au/contact. Personal information may include your name, residential and/or postal address, telephone number and email address.
    4. Your personal information is not collected if you only browse this website.
    5. Online payments are handled by Braintree and PayPal. REMONDIS does not store your credit card or banking details. Please check the www.braintree.com and www.paypal.com.au websites for details of their privacy policies and security measures.
    6. Each of REMONDIS, its related bodies corporate (including but not limited to REMONDIS) and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that REMONDIS and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the services sold via the website that REMONDIS thinks may be of interest to you. If you would prefer not to receive promotional or other material from REMONDIS or its third parties, please let us know and REMONDIS will respect your request. You also agree that REMONDIS may contact you by telephone to arrange delivery or collection of your Order.
    7. You may request REMONDIS to remove your personal information from its database by emailing the Customer Service Team online.remondis.com.au/contact
    8. For further details about REMONDIS's privacy practices please view the REMONDIS Privacy Policy online.remondis.com.au/privacy on this website. Should you have any questions concerning your privacy, please contact our Customer Service Team online.remondis.com.au/contact or the Privacy Officer at online.remondis.com.au/privacy
  20. Accounts and passwords
    If you create an account for using any of the services or features available on the website, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential.
  21. No illegal use
    You must not use the website in any manner or for any purpose which is illegal or prohibited by any laws.
  22. Our Content
    1. Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyright, trade marks and/or other intellectual property rights. These rights are either owned by us (Our Content) or their respective owners (including our licensors and other Users). This website or any portion of this website may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited without our express permission, which consent may be withheld in its full discretion, or otherwise permitted under the Copyright Act 1968 (Cth).
    2. You may use Our Content for your personal, non-commercial purposes. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.
    3. To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content or User Content and have no liability to you for your use or reliance on Our Content or User Content.
    4. Any unauthorised use of the materials appearing on this website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
    5. All rights not expressly granted in these Terms are reserved.
  23. Third party links
    1. The website may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively, Linked websites). Access to Linked websites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked website.
    2. You acknowledge that:
      1. when accessing and using any Linked websites, you will be subject to their terms and conditions of use;
      2. we do not control or endorse and we are not responsible for any features, content, products or other materials on or available from a Linked website;
      3. we are not a party to your relationship with the owners or operators of a Linked website;
      4. any rights, claims or actions you may have in respect of a Linked website may only be brought directly against the owners or operators of the Linked website; and
      5. we may receive payments and/or commissions from owners or operators of Linked websites and you will not have any claims, benefits or rights on these payments.
  24. Licences and Permits
    You agree and acknowledge that you will obtain any and all permits or licences required for the purpose of the REMONDIS fulfilling any Order, and pay any related local government fees for these licences or permits.
  25. Termination
    We may terminate your access to the website (or any part of it) at any time without reason and without notice. These Terms survive any such termination.
  26. Force majeure
    1. We will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
    2. Neither REMONDIS nor any of its contractors, agents or third parties will be liable for any failure or delay in complying with any obligation imposed by these Terms or any Order, if the failure or delay arises directly from an any circumstance beyond their 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.
  27. Entire agreement
    These Terms and an accepted Order constitute the entire agreement between you and us regarding the use of the website, suspending any prior agreements between you and us relating to your use of the website.
  28. Severability
    If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between you and us.
  29. Rights and remedies cumulative
    Our rights are cumulative and none of them limits any other remedy or right of ours. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.
  30. Assignment
    If REMONDIS merges, sells or otherwise change control of its business or this website to a third-party, REMONDIS reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that REMONDIS has collected from you and any agreements it has made with you. REMONDIS may subcontract any or all of its services without prior consent or written notice to the Customer. If REMONDIS does subcontract its obligations, it will remain responsible for the acts or omissions of its subcontractor as if such acts or omissions were performed by REMONDIS.
  31. Governing Law
    1. The laws applicable in New South Wales govern these Terms.
    2. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.