Terms & Conditions
Part A: General user terms
- These are the Terms and Conditions (Terms) on which EzyBin Pty Ltd ACN 622 239 016 (referred to as EzyBin, we, our, or us) permits users (e.g. contractors, organisations and businesses)
- Private Portal which allows you to upload and track your own bin hire products, services or both for your internal business purposes in accordance with your Subscription Level.
- Contractor Portal which allows you to seek, view and accept orders for bin hire products or services (Orders) for active users or our customer app (Customers).
- Contractor App which offers services and functionality to you, including the Private Portal and the Contractor Portal
Collectively the Contractor App, Private Portal and Contractor Portal are referred to as the EzyBin Products.
- The Terms also govern how you may
- View and interact with any content, information, communications, advice, text or other material provided by EzyBin via the EzyBin Products (EzyBin Content).
- Contractor Portal which allows you to seek, view and accept orders for bin hire products or services (Orders) for active users or our customer app (Customers).
- By clicking "I accept" or installing, using any of the EzyBin Products, or by registering an Account you agree to be bound by these Terms. If you do not agree with these Terms, you are not entitled to use any of the EzyBin Products and must uninstall the EzyBin Products from your mobile device or system (as applicable).
- EzyBin may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the EzyBin Products will be governed by the most recent Terms made available via EzyBin Products. By continuing to use the EzyBin Products, you agree to be bound by the most recent Terms. It is your responsibility to check the EzyBin Products regularly for updated versions of the Terms.
- You acknowledge and agree that we offer the EzyBin Products only and unless expressly specified otherwise, we do not operate, and nothing in these Terms may be construed as creating a relationship of partnership, of principal or as an agent for any Customer placing Orders via the EzyBin Products or which otherwise use the EzyBin Products. You have sole responsibility for any obligations or liabilities to Customers or third parties that arise from your use of the EzyBin Products. When you accept an Order from a Customer you enter into a contract directly with that Customer for supply of the products and services in the Order.
- Subject to, and in accordance with these Terms, EzyBin grants you a non-exclusive, revocable, and non-transferrable licence (without the right to sub-licence) to install and use one copy of the EzyBin Products solely for use in conjunction with an Account or your Subscription Level as described in clause.
- If you download any of the EzyBin Products through the Apple App Store and/or the Google Play Market, in addition to the terms set out here, your use of the EzyBin Products is also subject to Apple's End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/au/terms.html #APPS or Google Play's Terms of Service available at https://play.google.com/intl/en_au/about/play-terms.html.
- EzyBin reserves the right to suspend, terminate or otherwise deal with your Licence, Subscription Level or any Account at any time.
- The EzyBin Products are owned and operated by or on behalf of EzyBin.
- The EzyBin Content is for general information and promotional purposes only. EzyBin does not warrant or make any representations as to any third party products or services described or referred to on the EzyBin Products. Any use of EzyBin Content, materials, or information by another person or organisation is at your own risk.
- We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the EzyBin Products (including without limitation EzyBin Content) are correct and up-to-date at the time of publication. EzyBin does not represent or warrant the accuracy or completeness of the information or material appearing on the EzyBin Products (including EzyBin Content) or that it is free from any errors, omissions or defects.
- All intellectual property rights, including copyright, in the EzyBin Products and EzyBin Content are owned or licensed by EzyBin or any of its related entities. You must not copy, modify or transmit any part of the EzyBin Products or EzyBin Content.
- The EzyBin Products contain trade marks, logos and trade names of EzyBin or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the EzyBin Products.
- If you have a compliant regarding any EzyBin Content, EzyBin's sole obligation will be to review any written compliant notified to it and, it if sees fit, in its sole discretion, to modify or remove the particular EzyBin Content.
Registration of Accounts and Subscription Packages
- The EzyBin Products aim to provide a platform for:
- You to seek, view and accept Orders for bin hire products, services or both, as uploaded into the Contractor Portal by EzyBin from time to time.
- You to upload and track your own bin hire products, services or both available for Customers to order through the Private Portal.
- In order to access most features and functionality of the EzyBin Products you will have to register for an account (Account).
- If and when you create or use an Account, you represent and warrant that you have the authority to provide the information necessary to create or use an Account and that all information you have provided is true, accurate and complete. You will promptly inform us if there is any change to this information.
- When creating your Account, you warrant that you are of legal age to form a binding contract with EzyBin and have the necessary capacity to enter into a binding legal contract, and in the case of creating an account for a company or organisation that you have all rights, powers and authorities necessary to enter into these Terms on behalf of the company or organisation.
- EzyBin offers two subscription package options which may be purchased via your Account (Subscription), including:
- Level 1 package allows you to view and accept Orders, as uploaded into the Contractor Portal by EzyBin from time to time.
- Level 2 package allows you to access Level 1 package features plus upload and track your own bin hire products, services or both through your own Private Portal
Referred to as your Subscription Level as applicable.
- You may elect to change the Account password (Password) at any time using the facility provided by the EzyBin Products. You must immediately notify EzyBin of any Password which is lost, inoperable or used in an unauthorised manner.
- You will be fully responsible for all acts and omissions of any person using your Password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let any unauthorised person access your Account or do anything that would risk the security of your Account. EzyBin will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account.
- You must notify us immediately if you become aware of any unauthorised access or use of your Account or Password.
- You agree that if we disable or terminate your Account for any reason, including without limitation in accordance with clause 18., you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by or on your behalf.
- We reserve the right to refuse registration of any Account, at our sole discretion.
- Your registration to a specific Subscription Level may be refused, suspended or terminated at any time if your use of the EzyBin Products involves:
- Any of the prohibited uses as set out in clause 6.
- Is otherwise deemed inappropriate in our absolute discretion.
- Your Subscription entitles you to use the EzyBin Products in accordance with your Subscription Level.
- Your Subscription is for an initial period of one (1) month and in renewed automatically renewed on a month-to-month basis, unless you contact us 10 business days before the renewal date to cancel it. Such automatic renewal is continuous and you will be billed for each continuous Subscription term at our then current Subscription Fee (as set out in Schedule 1), which we may automatically deduct using the credit card or payment information you provided upon your initial registration of your Account.
- Your Subscription is automatically renewed in accordance with clause 5.2 but we do not receive, or are unable to process, the renewal payment in accordance with clause 5.2.
- You choose not to renew your Subscription
Then we can terminate your Subscription immediately by written notice to you any time after the due date for the renewal payment has passed.
- You agree that in accessing and using the EzyBin Products, you will not engage or attempt to engage in any activities that:
- Download (other than page coaching) or modify the EzyBin Products or any portion of the EzyBin Products.
- Download (other than page coaching) or modify the EzyBin Products or any portion of the EzyBin Products.
- Impersonate or falsely claim to represent a person or organisation.
- Frame the EzyBin Products without EzyBin's express written permission.
- Use the EzyBin Products in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
- Bypass (or attempt to bypass) any security mechanisms imposed by the EzyBin Products.
- Delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in the EzyBin Products.
- Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material.
Wireless carrier charges, access and communication
- You acknowledge and agree that by using the EzyBin Products you may incur charges from your usage of data over the internet and that any such charges will be your sole responsibility.
- Subject to the consumer guarantees provided for in the ACL (as defined in clause 16.2), EzyBin:
- Does not warrant that you will have continuous, uninterrupted or error free access to and use of the EzyBin Products.
- Will not be liable if the EzyBin Products are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
- EzyBin does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
- Whilst EzyBin takes reasonable precautions to protect information transmitted via the EzyBin Products, EzyBin cannot and does not guarantee the security or confidentiality of these communications or the security of the EzyBin Products.
- EzyBin does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the EzyBin Products and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- EzyBin may restrict your access to the EzyBin Products so it is only accessible where your IP address is located within Australia and via the following platforms or devices owned and controlled by you:
- Supported Android devices.
- Supported iOS devices.
- EzyBin may at any time deny all or part of your access to the EzyBin Products where in EzyBin's opinion you fail to comply with these Terms, or otherwise suspend your access to the EzyBin Products without being obliged to give you a reason.
- EzyBin may from time to time, without notice, modify, change or update the EzyBin Products. In the event of any such modification, change or update, EzyBin does not represent that any feature or functionality of the EzyBin Products will remain.
- We may contact you from time to time to provide you with information, advertisements, marketing material, promotional material or other similar material that may be of interest to you in respect of our products or services we may offer our Customers and you.
- By accepting these Terms, you consent to us using your details to contact you in respect of such information, advertisements, marketing, promotional material or other similar material. If you do not wish to receive marketing, advertisements, promotional material or other similar material from us, you may opt out by contacting us using the contact details in clause 22.
- Processing your payments for ordering any products.
- Providing you with goods and services you have purchased.
- assessing your creditworthiness.
- allowing suppliers to deliver products to you.
- Providing direct marketing communications in accordance with clause 8.
- If you are submitting to us, including without limitation in the course of providing any products or services, the personal ilformation of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.
PART B Orders for Products and Services
Changes to Products, services and pricing
- We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, errors in advertising, and in other circumstances).
- All updates and modifications to the EzyBin Products including any changes to the EzyBin Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of the EzyBin Products is a guide only and is dependent on information we receive from the contractors, Customers and third parties and is subject to change without notice. To the maximum extent permitted by law, we will not be liable for any lack of availability of EzyBin Products.
- Subject to clause 11.2, you agree and acknowledge that the maximum fee for each Order, including any calculation of Excess Charges or Cancellation Fees, will be calculated in accordance with the EzyBin Customer Application T&C's (Payment). Continued use of the EzyBin Products shall constitute your agreement to any change in, or calculation of, the Payment. The Payment will be shown to you before you agree to accept any Order.
- The parties acknowledge and agree that the Payment is the maximum amount chargeable by you. Nothing in these Terms restricts your ability to:
- Charge an amount less than the Payment.
- Negotiate a lower Payment amount with the Customer.
- Set your own fees for jobs on your Private Portal
Collectively 11.(a), 11.(b) and 11.(c) are referred to as the Adjusted Payment.
- Regardless of any Adjusted Payment, the Service Fee will be calculated based on the Payment.
- You appoint EzyBin as your limited collection agent for the purpose of collecting the Payment or Adjusted Payment (as applicable) and acknowledge and agree that payment made for an Order or to EzyBin shall be treated as a payment made directly to you. Furthermore, you appoint EzyBin as your limited collection agent for the purpose of collecting any Adjustment Payment specified in clause 11.(c) for any jobs on your Private Portal.
- EzyBin agrees to remit, or cause to be remitted, to you on a monthly basis the Payment or Adjusted Payment (as applicable) less the applicable Fees specified in Schedule 1: Fees.
Goods and Services Tax
- In this clause, the expressions Consideration and GST have the meanings given to those expressions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with these Terms are inclusive of GST.
Cancellation of Orders and Excess Charges
- You acknowledge and agree that Customers may elect to cancel Orders for bin hire products and services that have been accepted by you via the Contractor Portal at any time prior to the Delivery Date as defined by, and in accordance with, the Customer Application T&C's.
- In the event that a Customer cancels an accepted Order for bin hire products and services or is subject to Excess Charges in accordance with the Customer Application T&C's, EzyBin may charge the Customer a Cancellation Fee and/or Excess Charges on your behalf. If charged, those Cancellation Fee shall be deemed the Payment for the cancelled Order for the purpose of any remittance to be paid to you in accordance with clause 11.
- In consideration of EzyBin's provision of EzyBin Products, you agree to pay EzyBin the applicable Fees in accordance with Schedule 1: Fees (Fees).
- GST will be calculated and charged on the transaction, and EzyBin shall calculate the applicable Fees based on the value of the transaction inclusive of such taxes.
- EzyBin reserves the right to change the Fees at any time in EzyBin's absolute discretion and EzyBin will provide you with written notice in the event of such change. By continuing to use the EzyBin Products, you agree to be bound by the changes to the fee.
- If EzyBin materially increases the Fees, you have the right to terminate these Terns immediately, without notice.
PART C: General Terms
Minimum terms required by Apple
- If you have obtained the EzyBin Products via Apple's App Store, this clause 15. applies.
- You acknowledge and agree that:
- These Terms are concluded between you and EzyBin, and not Apple, Inc. (Apple).
- EzyBin, and not Apple, is solely responsible for the EzyBin Products.
- The Licence granted to you under clause 2. is subject to Apple's Usage Rules set out in the EzyBin Products Store Terms and Conditions set out at http://www.apple.com/legal/internet-services/itunes/au/terms.html#APPS.
- Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the EzyBin Products.
- In the event of any failure of the EzyBin Products to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the EzyBin Products.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the EzyBin Products.
- Apple is not responsible for any claims that you have arising out of your use of the EzyBin Products.
- Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the EzyBin Products infringes that third party’s intellectual property rights.
- Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
- You represent and warrant that:
- you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country.
- you are not listed on any US Government list of prohibited or restricted parties.
Warranties and limitation of liability
- Subject to clause 16.2, any representation, warranty, condition, guarantee or undertaking that would be implied in this these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
- Nothing in this these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
- To the fullest extent permitted by law, the liability of EzyBin for a breach of a non-excludable guarantee referred to in clause 16.2 is limited, at EzyBin's option to:
- In the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods of supply of equivalent goods.
(ii) the repair of the goods.
(iii) the payment of the cost of replacing the goods and of acquiring equivalent goods.
(iv) the payment of the cost of having the services supplied again.
- In the case of services supplied or offered by us:
(i) the supplying of these services again.
(ii) the payment of the cost of having the services supplied again.
- EzyBin will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the EzyBin Products, EzyBin Content, all links to or from the EzyBin Products or the goods and services advertised or referred to on the EzyBin Products.
- Subject to this clause the maximum aggregate liability of EzyBin for all losses, damages and claims arising out of or in connection with this these Terms, the EzyBin Products or EzyBin Content, including liability for EzyBin in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
- You will fully indemnify EzyBin in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- Any breach of these Terms by you.
- Your use of your Account, the EzyBin Products or EzyBin Content.
- Your communications with EzyBin.
- Any third party's use of the EzyBin Products through your Account (whether authorised or not).
- You agree to give full cooperation to and provide EzyBin with reasonable assistance in conducting the defence of any claim to which clause 17.1 applies.
- Without prejudice to any other rights, EzyBin may at any time terminate or suspend your access to the EzyBin Products for any reason (including due to your breach or alleged breach of these Terms) in our sole discretion and without prior notice.
- This paragraph 18.2 and paragraphs 2., 8., 9., 14., 16., 17., 19. and Schedule 1: Fees survive termination of your access to the EzyBin Products in accordance with paragraph 18.1 and will continue to the benefit of and be enforceable by EzyBin.
- If EzyBin terminates your access to the EzyBin Products, you must delete all copies of the EzyBin Products that are on any mobile devices or are otherwise in your possession or control.
- All licences granted by you, and any indemnities given by you and any limitations of our liability survive such termination.
- A party (being you or EzyBin) claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute and the parties will submit themselves to the dispute resolution procedure set out in this clause 19.1.
- The parties agree that if a dispute arises out of or relates to these Terms, a Party may not commence legal proceedings relating to the dispute unless it has complied with this clause 19.2 except to seek urgent equitable or interlocutory relief.
- The procedures in this clause 19.3 will be completed within 40 business days from the giving of notice referred to in clause 19.1. After expiry of this time a party may commence legal proceedings relating to the dispute.
- When a dispute arises between the parties in relation to these Terms, then:
- All amounts payable by you to EzyBin which are not in dispute will be paid in accordance with these Terms.
- On receipt of that notice by the other party, the parties' representatives or nominees must endeavour in good faith to resolve the dispute within 10 business days.
- If the parties cannot resolve the dispute within the period stated in clause 19.(b), then the parties must submit the dispute to a mediator for consideration in accordance with the Mediation Rules of the Resolution Institute, which Rules are taken to be incorporated into these Terms.
- Each party must pay its own internal and legal costs in relation to complying with this clause 19.5. The mediator's costs are to be shared equally between the parties.
Jurisdiction and governing law
- These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
- Each provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction:
- Be read down to the minimum extent necessary to achieve its validity, if applicable.
- Be severed from these Terms in any other case.
- Without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
- You agree to pay a Service Fee for each Order accepted and completed by you equivalent to [insert %] of the total aggregate value of the Payment.
[K&L Gates Note: Uber charge anywhere between %20 – %27 as a service fee. This is a commercial decision for you and needs to reflect the costs incurred difficulty in finding the job and incorporate a profit margin for EzyBin.]
- The Subscription Fee is $[insert amount] (including GST).
- You agree to pay a Subscription Fee on a monthly basis in accordance with clause 5. for the ability to access your Private Portal. If EzyBin is unable to complete payment of the Subscription Fee in accordance with clause 5., EzyBin may offset this amount against any Payment or Adjusted Payment collected by EzyBin in accordance with clause 11.
- You agree to pay a Variable Fee based on the aggregate number of jobs loaded onto your Private Portal in a month (Trigger) in accordance with the following tiers.
[K&L Gates Note: Please populate the above table with the number of trigger per month and the correlating % fee. We would anticipate that as the number of triggers increase the percentage would decrease, but this is a commercial decision for EzyBin.]
Credit Card Fee
- EzyBin may charge you, and you agree to pay, an amount equal to the costs of facilitating payment via credit card as notified to you from time to time.
[K&L Gates Note: You may want to consider charging the transaction cost for facilitating payment by credit card, alternatively you can build it into the above fees as a commercial decision.]