Terms and Conditions
Welcome to the website of Terran Industries Pty Ltd (ABN 25 648 411 385) ("we", "us" or "our"). We offer various sustainability services which are listed and identified in more details on our website. (“Services”)
This website is located on the web via the domain https://www.terranindustries.com.au/ and includes all of the files located in that domain ("this site").
Agreement to these Website Terms of Use
By accessing this site, you agree to be bound by these terms of use ("Terms of Use"). These Website Terms of Use constitute a binding agreement between you and us and govern your use of this site.
Privacy Policy
As part of these Terms of Use, your use of this site is also subject to our Privacy Policy.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide goods or services to you if:
you breach any provision of these Website Terms of Use;
we are unable to verify or authenticate any information that you provide to us; or
we believe that your actions may cause damage and/or legal liability against us, any of our customers, suppliers, service providers, or any other person.
Indemnity
You indemnify us and hold us harmless along with our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
We reserve the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that we will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site, you must agree to these Website Terms of Use and provide us with:
a valid email address;
accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
any other information that may be required by us during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Multiple accounts and automated account opening
One person or business may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
We reserve the right to accept or reject any application for registration of an account with this site at its discretion.
Our role
The relevant supplier or service provider, instead of us, is:
the supplier or service provider of the goods and/or services that you offer to purchase; and
solely responsible for providing you with those goods and/or services and for those goods/services themselves.
We act only as a facilitator of transactions between you, and the suppliers and service providers. We do not act as an agent for you, the suppliers, or the service providers, and we make no representation or warranty, and provide no guarantee, that the supplier or service provider will provide you with the goods and/or services advertised on this site that you offer to purchase, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier or service provider listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier or service provider.
Orders
Terms and conditions of suppliers and service providers
Acceptance of an order creates a contract between you and the relevant supplier or service provider in respect of the provision of the goods and/or services that are the subject of that order. That contract will be subject to the relevant supplier or service provider’s own terms and conditions. You will be responsible for investigating and reviewing the supplier and service provider’s terms and conditions – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through us.
As part of our terms and conditions for supplier and service provider listings, suppliers and service providers undertake to us that they will offer to users of this site terms and conditions that are at least as favourable to the user as those set out in Schedule 2. We do not, however, hold the benefit of that undertaking on your behalf.
We will not facilitate any orders of goods/services advertised via this site, or put you in contact with the suppliers or service providers unless and until:
payment of the service fee has been received by us in full; and
the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
at any time prior to your order being accepted by the supplier and service provider in accordance with these Website Terms of Use, cancel all or part of your order; and
at any time:
refuse to provide our service to you;
terminate your access to this site; and/or
remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when:
in the case of biodegradable, compostable, edible, or circular solution products, the supplier sends the requested items to you, at the time at which the items are despatched by the supplier and title to, and risk in, the items will pass from the supplier to you at that time. After the items have been sent, you will receive an email confirming that shipment has taken place; or
in the case of waste recycling services, the service provider either:
provides the services to you, at the time at which they commence providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by to you.
Refunds from suppliers and service providers
As between you and us, all amounts paid in connection with the services provided through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier and service provider upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier and service provider is solely responsible for providing you with that refund. We do not guarantee the provision of that refund to you and you must take action against the supplier and service provider directly, and not against us in order to enforce your entitlement to that refund.
Disputes between users and suppliers and service providers
You are solely responsible for your interactions with suppliers and service providers listed on this site. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers and service providers.
If you believe that any supplier or service provider from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier or service provider if we consider it appropriate at our discretion to do so. We will not, however, act on your behalf, or on behalf of any supplier or service provider, in respect of any dispute between you and a supplier or service provider.
Prices
The supplier or service provider reserves the right to change the prices for goods/services displayed in this site at any time before you place an order.
Shipping costs for suppliers
Shipping costs will depend upon the location for delivery and the items purchased and are shown on the invoice provided to you by the supplier.
Pick up costs for service providers
Pick up costs will depend upon the location from which the recyclable materials are to be picked up and are shown on the invoice to you provided by the service provider.
GST
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment methods
We will invoice you the service fee for our services which you can pay:
by credit card; or
via direct bank deposit by electronic funds transfer (EFT).
Payment for orders placed with us for goods or services advertised on this site may be made directly to the supplier or service provider once you receive an invoice, and in accordance with payment instructions from the supplier or service provider.
Credit and debit card payments
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Payment by EFT
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Refunds and other remedies
Except as expressly provided otherwise in these Website Terms of Use, all amounts paid in regard to goods and services advertised on this site are non-refundable. Further information on the steps that we will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.
Security
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.
We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Dealings with third party content
Content regarding suppliers and service providers
This site advertises goods and/or services of third party suppliers and service providers for our users to access. We do not act as agents for any such third parties, and we take no responsibility, and assume no liability, for:
any of the information supplied regarding the third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, or any other material); and/or
any loss or damage that results from any dealings that you may have with such third parties.
Third party goods/services and websites
We are not responsible for the content of linked third party suppliers and service providers websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
User acknowledgements
You acknowledge that we do not:
check the truth or currency of any of the material or information regarding third party suppliers or service providers provided or made available through this site; or
offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties.
endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by us to you or otherwise become known to you through this site.
Intellectual property
Copyright
In these Website Terms of Use, the term "Proprietary Content" means:
this site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by us in connection with the goods and services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is our property, our licensors’ property (as applicable), or the supplier or service provider’s property and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent by us or other copyright owners (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
Our logo and the phrase "Terran Industries" are trademarks of our Company, as are the names and logos of the suppliers and service providers. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of our company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our or the relevant owner’s prior written consent.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party suppliers’ or service providers website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any goods, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
in the case of goods, to any of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, we exclude liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against us solely because we prepared them;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Notifications
We may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without our prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
We may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
We reserve the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the goods/services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with us.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of our intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to our company without our prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:
abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring us or any of our staff into disrepute.