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Terms and Conditions

TERMS OF USE

Introduction

This Website (referred to in these Terms of Use as “the Website”) is owned and operated by Septic Plus. Access is conditional upon your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website, you are agreeing to be bound by the terms and conditions set out below and the Privacy Policy as displayed on the Website. If you do not agree with the Terms of Use or the Privacy Policy, you should exit this Website immediately and should not register as a member.

Agreement

This agreement constitutes a contract between you and Insight Environmental Pty Ltd (ACN 080 561 842) further referred to as “Septic Plus” regarding the use of the Website.

The term “Septic Plus” includes Septic Plus, its proprietors (from time to time), assignees and successors.

Use of the Website

Your right to use the Website is subject to the Terms of Use and Septic Plus may vary or modify the Terms of Use from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms of Use from time to time, you should immediately cease using the Website; otherwise your continued use of the Website will be evidence of your acceptance of the modified Terms of Use.

Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website.

You agree not to use the Website for any unlawful purpose.

You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to Septic Plus’ systems or to the system of any person who accesses the Website.

Septic Plus reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.

Septic Plus reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. Septic Plus acknowledges that you may cease using the Website at any time.

Septic Plus is not liable to you or any third party by way of Contract or Tort for:

  • Any suspension or termination of the Website and/or any of the facilities available via the Website.
  • Restriction of your access to the Website and/or any of the facilities available via the Website.

You have read and agree with the following information supplied on the web site.

  • Delivery info
  • Returns info
  • Privacy policy

Membership

You agree to provide accurate and current information about yourself (termed “Registration Data”) when completing the member registration form.

You agree to update your Registration Data in the event that your Registration Data changes or becomes out-of-date.

Septic Plus may impose or alter, without notice to you, any conditions for becoming a member and Septic Plus reserves its rights to alter or vary the benefits and privileges accruing to members.

Once Septic Plus approves you as a member, Septic Plus agrees to issue you with a password and it is your responsibility to maintain the confidentiality of the password. Septic Plus is not liable for any loss or damage arising from the unauthorised use of a password

Septic Plus has the right to refuse, terminate or suspend your membership, password or use of the Website in its absolute and sole discretion.

Septic Plus may terminate or suspend your membership, password or use of the Website if Septic Plus suspects that the Registration Data provided by you is outdated, false, offensive, inaccurate or impersonates someone else.

Septic Plus is not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.

You agree to Septic Plus sending you electronic mail (e-mail) from time to time to inform you of changes to the Website and to inform you of promotions and advertisements.

Facilities Available via the Website

The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication. Septic Plus requires that persons use the Website and its facilities, including but not limited to the discussion forum, in a responsible manner.

Septic Plus does not pre-screen the content posted, transmitted or submitted via the Website by persons other than Septic Plus. You acknowledge that you may be exposed to content which is offensive to you.

You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libelous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of another or which is promotional in nature or which Septic Plus determines, in its sole and absolute discretion, to be unacceptable.

Septic Plus reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website.

SMS Services

Septic Plus may agree to make available a SMS Service to persons that are members of the Septic Plus Website (“the SMS Service”).

You agree that Septic Plus may terminate or suspend the SMS Service at any time in its sole discretion.

Septic Plus reserves its right to refuse to provide the SMS Service to any member in its sole and absolute discretion.

By sending a SMS to initiate the SMS Service, you will incur a cost from your mobile phone carrier and you agree to be responsible for this cost.

Septic Plus acknowledges that you may unsubscribe from the SMS Service at any time.

We do not guarantee that the SMS Service is compatible with all networks. We are not responsible for the non-compatibility of certain mobile phones with the SMS Service.

Disclaimer

You acknowledge that the use of the Website is at your sole risk. Septic Plus gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website. Any reliance upon any information contained on the Website is at your sole risk.

Septic Plus is not liable for any loss or damage or claims as a result of you or a third person acting on the material appearing on the Website.

Septic Plus makes no warranty that the Website will be secure or error-free or virus-free and any material downloaded through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data.

Your Warranties

You represent and warrant in relation to any material that you post, transmit or submit via the Website that:

  • You are authorised to provide the material
  • The material does not infringe or interfere with the rights of any person, including the privacy of any person
  • The material is original and does not infringe any intellectual property right including, but not limited to, trade marks, confidential information and copyright
  • The material is not defamatory or obscene or does not constitute a “passing off” of any material
  • The material does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Western Australia

You agree not to post, submit or transmit via the Website any persons’ name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.

By posting, submitting or transmitting material via the Website, you agree to grant Septic Plus a perpetual, non-exclusive and payment-free licence to reproduce, use and exploit the intellectual property, as part of the Website or other promotional material.

Privacy

You agree with our privacy policy as outlined on our Website.

You agree to and acknowledge the following matters:

  • That Septic Plus cannot ensure the security or privacy of information you post, transmit or submit through the Website and you release Septic Plus from any liability in connection with the use of information by other parties.
  • That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with Septic Plus’s promotional partners and you release Septic Plus from any liability in connection with the use of information by Septic Plus’s promotional partners.
  • That Septic Plus cannot control the use by others of any information that you post, transmit or submit via the Website and Septic Plus recommends that you exercise caution when selecting the information that you submit.

Indemnity

You agree to indemnity Septic Plus and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.

Links

The Website contains links to sites operated by third parties. Septic Plus has no control over these third-party sites and the existence of those links is not to be construed as an endorsement of the third-party sites by Septic Plus.

Septic Plus is not responsible for the content or material contained on the linked sites.  Access and use of sites accessible by links and use of goods and/or services provided by sites accessible by links is solely at your own risk.

Copyright

© Septic Plus (ABN 65 080 561 842)

The information contained on the Website is protected in Australia by copyright under the Copyright Act 1968 (Cth) and in other countries through international treaties.  You may access the Website and download electronic copy of the information or print out hard copy of the information provided:

  • The information is for personal use only;
  • The information is not amended, altered or modified in any form whatsoever;
  • The information in not reproduced, adapted or transmitted in any form by any process without the prior written consent on Septic Plus; and
  • The printed record includes the notice “© Copyright Septic Plus (ABN 65 080 561 842)

Intellectual Property Rights

The information and material appearing on the Website is to be used for your sole personal use only.

Septic Plus reserves all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorised by Septic Plus you agree not to:

  • Distribute the Website, in whole or part, in any form
  • Store the Website, in whole or part, in any storage media
  • Re-transmit the Website, in whole or part, in any media
  • Create derivative works based on the Website, in whole or part
  • Upload the material to any other site on the World Wide Web.

The Septic Plus logo may not be used without the prior specific, written permission of Septic Plus.

You acknowledge that the Website may contain advertisements and material from Septic Plus’s promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.

Jurisdiction

This agreement is entered into in Western Australia. This agreement is governed by and interpreted in accordance with the laws of the Western Australia.

If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.

 

TERMS AND CONDITIONS OF SALE

ABOUT THESE TERMS

1.1 These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products without prejudice to the rights of Septic Plus at common law or equity. No other terms and conditions will apply. The Contract cannot be varied unless Septic Plus and the Customer agree to vary it in writing or by email.

1.2 Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out below.

“Australian Consumer Law” means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of state or territory fair trading legislation or the Australian Securities and Investments Commission Act 2001 (Cth).

“Contract” means these terms and conditions together with the Customer’s Order.

“Customer” means any party who purchases Products from Septic Plus.

“Septic Plus” means Insight Environmental Pty Ltd ACN 080 561 842 trading as Septic Plus and its successors, transferees or related companies.

“Septic Plus Web Site” means our web site for customers in Australia located at https://www.septicplus.com.au/

“GST” means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time (‘GST Act’) or any replacement or other relevant legislation and regulations.

“Non-excludable Rights” means rights under the Australian Consumer Law or other rights the Customer may have in relation to the supply of the Products that cannot lawfully be excluded by Septic Plus.

“Order” means an order placed by the Customer in accordance with these terms and conditions.

“Product” means any goods, products or materials which Septic Plus agrees to supply to the Customer on these terms and conditions.

‘Special Product” any custom-made or specially produced Product not considered as standard by Septic Plus.

ADVERTISING MATERIAL

2.1 All descriptions, specifications, illustrations, drawings and/or any other information contained in catalogues, price lists, the Septic Plus Web Site or other advertising material of Septic Plus or elsewhere are approximations only. They are intended by Septic Plus to be a general description for information and identification purposes only and do not create a sale by description.

ORDERS AND PRICING

3.1 All offers or quotations from Septic Plus shall last no longer than (30) days unless otherwise specified in writing and shall become binding only upon receipt by Septic Plus of an unconditional acceptance from the Customer as Septic Plus may require.

3.2 Septic Plus may withdraw, revoke or vary any offer or quotation at any time at its absolute discretion.

3.3 Prices quoted are on the basis of the whole quantity being supplied unless otherwise stated.

3.4 By placing an Order, the Customer makes an offer to Septic Plus to purchase the Products selected on these terms and conditions. Septic Plus may or may not accept the offer at its discretion and expressly rejects any conditional Orders. If the Order is accepted, Septic Plus will notify its acceptance by issuing an invoice.

3.5 Unless otherwise agreed in writing, Orders received for out of stock Products will be placed on back order. All backorders will be charged at the price prevailing at the time of the original Order. Septic Plus will not be liable for any loss or damage that the Customer may suffer in connection with Products being out of stock.

3.6 The prices and Product specifications contained in Septic Plus’s price lists or any information provided by Septic Plus to the Customer are subject to change at the absolute discretion of Septic Plus and without notice to the Customer.

3.7 Unless agreed otherwise, prices quoted include Septic Plus’s standard packing and freight arrangements.

3.8 The price of Products listed or payable is exclusive of GST and any other applicable taxes and charges, unless otherwise indicated.

3.9 All Orders, once accepted, are final. No Order may be cancelled except with Septic Plus’ written consent and on terms which will indemnify Septic Plus against all losses. The Customer acknowledges that the extent to which an Order can be modified or cancelled, if at all, will depend on the type of product and the stage that the Order has reached in Septic Plus’ system.

3.10 Orders accepted by Septic Plus cannot be delivery deferred except with the written consent of Septic Plus and upon terms that will reimburse and indemnify Septic Plus against all loss including profit on any part of the order that is cancelled. Any costs incurred by Septic Plus in connection with the storage of the Products shall be paid by the Customer.

PAYMENT

4.1   Payment for all Orders must be made by the Customer in the manner prescribed by Septic Plus and cleared prior to shipping. Payment may be processed by an agent appointed by Septic Plus.

4.2   The Customer undertakes that all details provided to Septic Plus for the purpose of ordering or purchasing Products or services are correct, that the credit or debit card used belongs to the Customer and that there are sufficient funds to cover the cost of the Products or services ordered.

4.3 Septic Plus, at its absolute discretion, may refuse delivery of Products and acceptance of any other orders from the Customer until the Customer pays to Septic Plus any amounts owed or contingently owed for any reason whatsoever by the Customer to Septic Plus whether under this or any contract or otherwise.

4.4 If the Customer defaults in making payment to Septic Plus in accordance with these terms and conditions Septic Plus may in its absolute discretion require the Customer to reimburse Septic Plus for all collection costs including legal costs incurred by Septic Plus calculated on a solicitor and client basis as a consequence of Septic Plus instructing its solicitor to provide advice to it in connection with the default and/or to institute such recovery process as Septic Plus in its discretion decides.

DELIVERY

5.1 Septic Plus may subcontract the fulfilment of any Order to any of its distribution partners.

5.2 Unless otherwise specified in writing, delivery is to the Customer’s business premises or delivery point provided access is reasonable in the opinion of Septic Plus.

5.3 Septic Plus is deemed to have delivered the Products when they are made available for unloading at the Customer’s nominated delivery point or when they are collected by the Customer, or their agent or carrier (whichever occurs first).

5.4 Subject to any Non-excludable Rights:

(a) time of delivery is at the sole discretion of Septic Plus and any estimated delivery times are estimates only and Septic Plus is not liable for any delay in delivery; and

(b) Septic Plus shall not be liable for any losses, damages or expenses sustained by the Customer or any other person in consequence of delay in delivery or collection of the Products for any reason whatsoever. If such delivery or collection is delayed at the request of the Customer or owing to the Customer’s inability to accept the Products for any reason or owing to some other cause beyond the control of Septic Plus, where Septic Plus is able to deliver same, then the Customer shall be liable for extra charges, losses or expenses incurred by Septic Plus.

5.6 If Septic Plus is unable to supply the Customer’s total order these terms and conditions continue to apply to the Products supplied.

TITLE AND RISK

6.1 Products supplied by Septic Plus to the Customer are supplied on an ex-delivery basis and are at the Customer’s risk immediately upon being delivered to the Customer in accordance with clause 5.4.

6.2 Property in the Products supplied by Septic Plus to the Customer under these terms and conditions does not pass to the Customer until the money owing for those Products, and any other money owing by the Customer to Septic Plus, has been paid in full.

6.3 If the sale price of all Products sold by Septic Plus to the Customer is greater than the sum of the proceeds actually received by Septic Plus in respect of all dealings by the Customer with the Products the difference remains a debt owing by the Customer to Septic Plus. If the debt remains unpaid for a term longer than 45 days, Septic Plus reserves the right to bring in a third party to recoup costs or may commence legal action against the Customer if the Products are not paid for in accordance with these terms and conditions or any separate arrangement for credit made by Septic Plus with the Customer.

ACCEPTANCE

7.1 The Customer must inspect the Products immediately upon delivery and must within 3 days after the date of delivery give written notice to Septic Plus, with particulars, of any claim that the Products are not in accordance with the contract. If the Customer fails to give such notice within such period then to the extent permitted by statute the Products are deemed to have been accepted by the Customer and the Customer must pay for the Products in accordance with the provisions of these terms and conditions.

CHANGE OF MIND RETURNS

8.1 Septic Plus cannot accept change-of-mind returns of any Special Product.

8.2 Septic Plus will accept a change-of-mind return of any non Special Product if the Customer provides Septic Plus with written notice of the intention to make such a return within 48 hours of receipt of the Product. The Product must be returned in original condition and packaging within 14 days of the written notice. The purchase price for the returned Product will be refunded to the Customer less any transport costs incurred by Septic Plus and a 15% restocking fee. Refunds will be processed within 7 days of the return of the Product to Septic Plus.

8.3 For the purposes of clause 8.1 and 8.2 above, a ‘change-of-mind return’ is where the Customer decides that they do not wish to purchase the Products and is not otherwise entitled to return the Product due to any failure to comply with a consumer guarantee under the Australian Consumer Law or as a result of the Products otherwise being faulty, damaged or delivered incorrectly.

EXCLUSIONS AND LIMITATIONS

9.1 Subject to clause 9.2, Septic Plus does not make any guarantee, condition or warranty as to materials, workmanship or performance of the Products.

9.2 With the exception of Non-excludable Rights, and notwithstanding any other provision of these Terms and Conditions, the liability of Septic Plus to the Customer, whether arising under or in connection with these Terms and Conditions or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:

(a) Septic Plus shall not have any liability whatsoever to the Customer for the loss of use, production, profit, revenue, business, data, contract or anticipated saving, or for any financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage; and

(b) the total aggregate liability of Septic Plus is at all times limited to the amount equal to the purchase price of the Products.

9.3 To the maximum extent permitted by law, Septic Plus’ liability pursuant to:

(a) any warranty, term or condition implied in these Terms and Conditions; and

(b) any Non-excludable Right (including, for the avoidance of doubt, section 274 of the Australian Consumer Law or any similar or successor provision),

shall be limited, at Septic Plus’ option, to repair or replacement of the Products or the cost of repairing or replacing the Products.

9.4 Any advice, recommendation, information or representation provided by Septic Plus as to the quality or performance of the Products or their suitability for a particular purpose or otherwise in relation to the Products is given in good faith but without any liability or responsibility on the part of Septic Plus. The Customer acknowledges that it has not relied upon or been induced by any representation by Septic Plus.

INDEMNITY

10.1 The Customer indemnifies Septic Plus and its agents, regardless of any negligence on the part Septic Plus, on a full indemnity basis, from and against any costs, liability, damage, loss, expense or demand arising directly or indirectly from:

(a) breach of these terms and conditions by the Customer;

(b) any false, misleading or deceptive representation or statement made by the Customer in respect of the Products to any person.

10.2 Any expenses, costs or disbursements incurred by Septic Plus in recovering any outstanding monies owing by the Customer, including debt collection fees and solicitor-client legal costs, must be paid by the Customer on a full indemnity basis.

PRIVACY

11.1 Septic Plus may collect information in relation to the Customer, for the purpose of providing the Products, in accordance with the laws relating to the collection and disclosure of personal information under the Privacy Act 1998 (Cth) as amended from time to time.

11.2 Where Products are supplied to the Customer on credit the Customer irrevocably authorises Septic Plus, its employees and agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Customer including (without limitation) making enquiries from persons nominated as trade referees, the bankers of the Customer or any other credit providers and the Customer authorises these persons to disclose to Septic Plus all information concerning the Customer which is within their possession and which is requested by Septic Plus.

VARIATION

12.1 The Customer acknowledges and accepts that Septic Plus may add to, delete or otherwise modify these terms and conditions by giving written notice of the change to the Customer.

12.2 A change to these terms and conditions takes effect 7 days after it is notified to the Customer.

CANCELLATION

13.1 Septic Plus may by written notice immediately suspend or cancel performance of this contract if the Customer be declared bankrupt or if a company is subject to a winding-up order if a Receiver or Manager or Receiver and Manager of its assets be appointed or if any form of insolvency administrator or third party is appointed or if it shall breach or fail to perform any of these conditions or shall fail to rectify such breach or non-performance within seven (7) days after written notice and may by written notice terminate this contract forthwith but any such termination shall not affect any other rights or remedies which Septic Plus may have in consequence or any such breach or non-performance.

INSTALLATION & ASSEMBLY

14.1 Products sold by Septic Plus do not include installation or assembly. If a Customer requires installation or assembly services with respect to the Products it should notify Septic Plus and Septic Plus may, in its discretion, provide such services (or appoint an agent to provide such services) on terms to be agreed (including as to price) with the Customer.

SAFETY AND STANDARDS

15.1 The Customer agrees that:

(a) the Customer has received adequate information regarding the Products to ensure their safe use, handling, assembly, installation and storage; and

(b) the Customer will ensure that the Products are properly used, in accordance with any instructions provided as to use, handling, assembly, installation and storage.

GENERAL

16.1 Any failure or delay by Septic Plus to enforce any of its rights under these Conditions does not operate as a waiver of those rights.

16.2 The Customer agrees that all contracts made with Septic Plus for the supply of Products shall be deemed to be made in Western Australia and the Customer agrees to submit to the jurisdiction of that State.

16.3 If any term or condition is void or unenforceable, it shall be read down so as to be enforceable or, if it cannot be so read down, it shall be severed from these terms and conditions without affecting the enforceability of the remaining terms or conditions.

16.4 If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.

 

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