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1            Acceptance and Commencement

(a)      These Terms are between I Love My Planet Earth Pty Ltd (ABN 34 617 349 167), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that uses, orders or purchases Services from us (referred to as “you” or “your”).  These Terms apply buy research paper custome writing to all Services provided by us to you (Booked Services).

(b)      You have requested the Booked Services.  You accept these Terms by:

(1)     accepting these Terms online;

(2)     accepting these Terms in-person, either orally or by confirming acceptance using the software system on our mobile device;

(3)     instructing us to proceed with the Booked Services; or

(4)     making part or full payment of the Price for the Booked Services.

(c)      These Terms take effect on and from the Effective Date.  No cancellations will be accepted by us after the Effective Date, other than in accordance with clause 6. You acknowledge and agree that early termination of the Pest Management and Treatment Plan will deem you liable to pay the Early Termination Fee as a debt immediately due and payable to us on the date of termination.

(d)      You agree that these Terms form the entire agreement under which we will supply the Booked Services to you.  Please read these Terms carefully.  Please contact us if you have any questions using the contact details at the end of these Terms.  Using or purchasing the Booked Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.  If you do not agree to these Terms, you must not use or purchase our Services from us.

(e)      We will perform the Booked Services on the date and time agreed between the Parties, from time to time. If applicable, we will not commence performing the Booked Services until you have paid the first instalment of the Price.

2            Our obligations

2.1        Services

(a)      In consideration of your payment of the Price, we will provide the Booked Services in accordance with these Terms, whether ourselves or by using our Personnel.

(b)      If we communicate to you:

(1)     a time within which the Booked Services are to be provided, you acknowledge and agree that any such time is an estimate only and creates no obligation on us to provide the Booked Services by that time; and

(2)     that the Price is an estimate only, you acknowledge and agree that the final Price may be more or less than the estimated amount, and we will endeavour to advise you of any material variation from the estimate as it becomes apparent.

(c)      Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any works, services, goods, materials or items which:

(1)     do not form part of the Booked Services selected by you; or

(2)     have not been provided by us.

This clause 2.1(c) will survive the termination or expiry of these Terms.

2.2        Additional Services

(a)      Subject to clause 2.2(b), you may request Additional Services, by providing written notice to us with details of the Additional Services.  We will not be obliged to perform the Additional Services unless we confirm acceptance of the Additional Services in writing.

(b)      If we agree to perform any Additional Services, then we will inform you of the Additional Costs involved in us performing the Additional Services.  You need to approve, in writing, any Additional Costs, before we commence the Additional Services.  We will invoice you accordingly for the Additional Costs upon receipt of your approval.  Unless otherwise agreed, we will not be obliged to perform the Additional Services unless you have paid the Additional Costs.

2.3        Omissions

(a)      If, within 24 hours after the completion of the Booked Services, you have notified us in writing of any fault, defect or error in the Booked Services, which is caused by a breach of these Terms by us (Omission), along with a description of the relevant Omission, we will, at our own cost:

(1)     remedy the Omission; or

(2)     if we are unable to remedy the Omission, offer you a choice of a credit or a refund with respect to that part of the Price applicable to the Omission.

(b)      Despite anything to the contrary, to the maximum extent permitted by law, our aggregate Liability for any fault, defect, error, omission or lack of suitability or benefit with respect to the Booked Services will be limited to, and must not exceed, the costs we incur in complying with clause 2.3(a)(1) or 2.3(a)(2) (as applicable).  This clause 2.3(b) will survive the termination or expiry of these Terms.

3            Your obligations

3.1        General

(a)      You must comply with:

(1)     these Terms;

(2)     our reasonable requests or requirements; and

(3)     all laws.

(b)      You must:

(1)     obtain, and provide to us, any access, consents, approvals, licences and permissions necessary to enable us to provide the Booked Services;

(2)     to the maximum extent permitted by law, not disparage or otherwise make any unfavourable statements or comments regarding us or our Personnel, either directly or by implication, verbally or in writing(including via social media);

(3)     upon our request, vacate the Premises for the period of time notified by us;

(4)     clear the Premises of any pets for the period of time notified by us;

(5)     use your best endeavours to protect all items (including property or furniture) in the Premises;

(6)     make the Premises ready and suitable for the provision of the Booked Services;

(7)     promptly respond to our text messages, emails or phone calls (including in relation to scheduling appointments);

(8)     keep and maintain adequate funds in your nominated credit card and/or bank account;

(9)     comply with all advice and instructions provided by us relating to hygiene, housekeeping and property maintenance procedures;

(10)   be responsible for damage caused during installation of termite treatments (including, but not limited to, underground pipes, cables, gas pipes, water pipes, internet and telephone cables, sewage pipes and any other property not owned by you);

(11)   be responsible for damage caused to the Premises (including, but not limited to, pools, patios, barbecues, children’s play items or chattels);

(12)   provide us with parking at your Premises (either onsite parking or street parking within fifty metres from your Premises).  If we are unable to find parking at your Premises as a result of you not providing us with parking, you must pay us any Additional Costs incurred, or suffered by us as a debt immediately due and payable to us; and

(13)   you must provide us with at least 3 days’ notice to cancel a scheduled appointment with us and reschedule an appointment with us within 7 days from the date of cancellation. If you do not cancel within this timeframe or if you cancel within this timeframe and do not reschedule the appointment within 7 days’ from cancellation, you must pay us the Appointment Cancellation Fee as a debt immediately due and payable to us.

3.2        Payment

(a)      You must pay us:

(1)     the Price; and

(2)     any other amount payable to us under these Terms,

in accordance with the Payment Terms.

(b)      Our pricing structure or Payment Terms and these Terms may be amended from time to time, at our discretion, including to reflect changes in the CPI. Such changes will take effect immediately after we notify you of the changes.

(c)      You must pay any applicable credit card fees if you elect to pay the Price by credit card.

(d)      If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion):

(1)     immediately cease providing the Booked Services, and recover as a debt due and immediately payable from you, our Additional Costs of doing so (including administration costs);

(2)     charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date;

(3)     engage debt collection services and/or commence legal proceedings in relation to any such amounts; and/or

(4)     report you to any independent credit data agencies.

3.3        Goods

(a)      As part of the Booked Services, we may, from buy research paper custome writing time to time, provide you with Goods (including, but not limited to, trap devices or baiting stations) on a hire-only basis. You acknowledge and agree:

(1)     that, at all times, we will be the legal title holder and owner of all Goods and you take the Goods as a bare bailee;

(2)     that nothing in these Terms constitutes a transfer of legal title or ownership in the Goods from us to you;

(3)     to grant us, at any time, any access, consents, approvals and permissions necessary to enable us to install or uninstall the Goods on the Premises.  For the avoidance of doubt, we may uninstall the Goods on the Premises at any time, including if you are in breach of these Terms;

(4)     that we provide the Goods to you without loss or damage and free from any faults, flaws or defects (Initial Condition).  You must return the Goods to us in the Initial Condition.  To the extent the Goods are not returned to us in the Initial Condition, you will immediately pay to us, by way of indemnity, all of our costs associated with the repair or replacement of the relevant Goods;

(5)     to follow our reasonable directions as to the use, storage and maintenance of the Goods; and

(6)     you are responsible for the costs of any repairs or replacement necessary as a result of loss, theft, damage, vandalism, misuse or neglect of the Goods while on your Premises, and where we undertake the repairs or replacement of the Goods on your behalf, you will immediately pay to us, by way of indemnity, all of our costs associated with the repair or replacement of the relevant Goods.

(b)      If requested by us, you must sign for the Goods at the time we pick up the Goods from the Premises, which will be a time mutually agreed between the Parties.  If you are not at the Premises on our scheduled time for pick up of the Goods on 2 or more occasions, you must immediately pay to us, all of our costs associated with the relevant Goods and any Additional Costs (including Late Fees). You acknowledge and agree that leaving the Goods in the Premises at a location accessible to us (including, but not limited to, the front door) will not comply with the obligations in this clause 3.3(b).

3.4        Premises

(a)      You must provide us (and our Personnel) with unfettered access to the Premises (and the facilities at the Premises), free from harm or risk to health or safety:

(1)     at the times and on the dates requested by us; or

(2)     to enable us to comply with our obligations under these Terms or at law.

(b)      Prior to commencement of any Booked Services that require underground work, you must advise us of the precise location of all underground services (including, but not limited to, telephone lines, water pipes, storm water pipes, electricity cables, gas pipes, sewerage lines, irrigation pipes) on the Premises.

(c)      If:

(1)     you do not comply with any obligation under clause 3.4(a) or 3.4(b); and

(2)     this causes or contributes to Additional Costs (including any Late Fees that may apply, from time to time),

you must pay us the Additional Costs as a debt due and immediately payable to us.

3.5        Assistance

You must provide all assistance (including information or documentation) which we request to enable us to comply with our obligations under these Terms or at law.

3.6        Warranty

You warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us, whether before or after the Effective Date.

3.7        Survival

This clause 3 will survive the termination or expiry of these Terms.

4            Limitations

(a)      Despite anything to the contrary, to the maximum extent permitted by law:

(1)     our maximum aggregate Liability arising from or in connection with these Terms (including the Booked Services and/or the subject matter of these Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the Booked Services the subject of the relevant claim; and

(2)     we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b)      Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

(1)     loss of, or damage to, any property (including any underground services or furniture) or any injury to, or death of, any person;

(2)     failure or delay in providing the Booked Services; or

(3)     breach of these Terms or any law,

where caused or contributed to by any:

(4)     event or circumstance beyond our reasonable control; or

(5)     act or omission of you or your Personnel,

and, in any event, any defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Booked Services (including any guarantee that the Premises will be free of all or any pests).

(c)      You agree that, to the maximum extent permitted by law, these Terms excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(d)      This clause 4 will survive the termination or expiry of these Terms.

5            Dispute Resolution

(a)      A Party must not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first complying with this clause 5 unless:

(1)     that Party is seeking urgent interlocutory relief; or

(2)     the Dispute relates to compliance with this clause.

(b)      In the event of a Dispute, the Party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution (Dispute Notice).

(c)      Within 5 Business Days after receiving the Dispute Notice, the Parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the Party), meet at least once to attempt to:

(1)     resolve the Dispute; or

(2)     agree on the method of resolving the Dispute by other means,

in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.

(d)      If the Parties do not:

(1)     resolve the Dispute; or

(2)     (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute,

within 15 Business Days after receipt of the Dispute Notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation.

(e)      Notwithstanding the existence of a Dispute, the Parties must continue to perform their obligations under these Terms.

(f)       This clause 5 will survive the termination or expiry of these Terms.

6            Termination

(a)      These Terms will terminate immediately upon written notice by:

(1)     either Party, if mutually agreed in writing between the Parties;

(2)     us, if you seek to cancel or withdraw your acceptance of these Terms after the Effective Date (including if you wish to cancel or withdraw from the Pest Management and Treatment Plan prior to the expiry of the 3-year period);

(3)     us, if you are in breach of these Terms and that breach has not been remedied within five Business Days of being notified by us;

(4)     us, if you are subject to an Insolvency Event;

(5)     us, if we reasonably consider that the Parties’ working relationship has broken down, including a loss of confidence and trust between the Parties;

(6)     us, if you are frequently unavailable or uncontactable to schedule appointments or if you frequently cancel or make changes to your scheduled appointment; or

(7)     you, if we are in breach of a material term of these Terms and that breach has not been remedied or overcome within 15 Business Days of being notified by you.

(b)      This clause 6(b) will only apply if the Booked Services we provide to you include the Pest Management and Treatment Plan.  Where these Terms are terminated under clauses 6(a)(1) to 6(a)(6) (inclusive), upon termination of these Terms, you must pay the Early Termination Fee as a debt due and immediately payable to us, as if an invoice has been issued by us to you under clause 3.2 on the date of termination.  You acknowledge and agree that the Early Termination Fee is fair and reasonable and is a genuine pre-estimate of the loss we may suffer as a result of your early termination of the Pest Management and Treatment Plan.

(c)      Termination of these Terms will not affect any rights or liabilities which a Party has accrued under it.

(d)      Upon termination of these Terms, you will (and will ensure that your Personnel):

(1)     where these Terms are terminated under clauses 6(a)(2) to 6(a)(6) (inclusive), pay:

(A)     the Price in full;

(B)     all Additional Costs resulting from the termination of these Terms; and

(C)     all other amounts due and payable to us,

to us as a debt due and immediately payable;

(2)     where these Terms are terminated under clause 6(a)(7), immediately pay the Price and all other amounts due and payable to us, as if an invoice had been issued by us to you under clause 3.2 on the date of termination;

(3)     immediately return to us all property and/or grant us with access to the Premises to remove the property (including the Goods) belonging to us or our Personnel, in your possession; and

(4)     not use any intellectual property or confidential information belonging to us or our Personnel.

This clause 6(d) will survive the termination or expiry of these Terms.

7            General

7.1        Representations

You represent and warrant to us:

(a)      you have full legal capacity and power to enter into these Terms, to perform your obligations under these Terms, to carry out the transactions contemplated by these Terms, to own your property and assets and to carry on your business;

(b)      you are not subject to an Insolvency Event;

(c)      these Terms constitute legal, valid and binding obligations, enforceable in accordance with its terms; and

(d)      the execution and performance by you of these Terms and each transaction contemplated by them do not conflict with any law, order, judgment, rule or regulation applicable to you or any instrument binding on you.

7.2        Notices

(a)      A notice or other communication given under these Terms must be:

(1)     in writing, in English and signed by the sender; and

(2)     addressed and delivered to the intended recipient by hand, prepaid post or email in accordance with the notice details last notified by the recipient to the Parties.

(b)      A notice or communication is taken as having been given:

(1)     when left at a Party’s current address for notices;

(2)     if mailed, on the third Business Day after posting (if delivered to an address within the same country) or on the tenth Business Day after posting (if delivered to an address within another country); or

(3)     if sent by email, if sent before 5pm on a Business Day in the place of receipt then on the Business Day when it is sent, otherwise on the following Business Day.

7.3        Confidentiality

You will keep confidential, and not use or permit any unauthorised use of, any of our confidential information without our prior written consent, except where the disclosure is required by law.

7.4        Intellectual Property

All intellectual property (including copyright) developed, adapted, modified or created by us or our Personnel (including in connection with these Terms and the Booked Services) will at all times vest, or remain vested, in us.

7.5        Waiver

Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms do not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.  A waiver must be in writing.

7.6        Consumer Law

Certain legislation including the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) (ACL), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Booked Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.  If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Booked Services we supply to you are rendered with due care and skill, fit for the purpose that we advertise, or that you have told us you are acquiring the Booked Services for or for a result which you have told us you wish the Booked Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.

7.7        Powers, rights and remedies

Except as provided in these Terms or permitted by law, the powers, rights and remedies of a Party under these Terms are cumulative and in addition to any other powers, rights and remedies the Party may have.

7.8        Assignment

No Party may assign, transfer or otherwise deal with all or any of its rights or obligations under these Terms without the prior written consent of the other Party.  Any purported dealing in breach of this clause 7.8 is of no force or effect.

7.9        Further assurance

Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

7.10      Relationship of Parties

These Terms are not intended to create a partnership, joint venture or agency relationship between the Parties.  Nothing in these Terms gives a Party authority to bind the other Party in any way.

7.11      Severance

(a)      If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable.

(b)      If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

7.12      Governing law and jurisdiction

These Terms are governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

8            Definitions and Interpretation

8.1        Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meaning given to them in the Terms, and:

ACL means as described in clause 7.6.

Additional Costs means any additional costs, expenses, damages or losses suffered or incurred by us.

Additional Services means Services that do not form part of the initial Booked Services on the Effective Date of these Terms.

Booked Services means as described in clause 1(a).

Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

Corporations Act means the Corporations Act 2001 (Cth).

Dispute has the meaning given in clause 5(a).

Dispute Notice has the meaning given in clause 5(b).

Early Termination Fee means the amount payable by you to us for early termination of the Pest Management and Treatment Plan, which will be calculated in accordance with the formula set out on our Site and may include the actual individual retail amounts of the Booked Services provided by us to you.

Effective Date means the date on which these Terms are accepted in accordance with its terms.

Gambling friendly politics means that our website supports such kind of entertainment as pokies, card games, and scratchies online nz and other casino activity.

Goods means the goods which we may, from time to time, provide to you, as part of the Booked Services.

Initial Condition means as described in clause 3.3(a)(4).

Insolvency Event means the occurrence of any one or more of the following events in relation to you:

(a)      you are or state that you are insolvent or you are deemed or presumed to be insolvent under any applicable laws;

(b)      an application or order is made for your winding up, bankruptcy or dissolution or a resolution is passed or any steps are taken to pass a resolution for your winding up or dissolution;

(c)      an administrator, provisional liquidator, liquidator or person having a similar or analogous function under the laws of any relevant jurisdiction is appointed in respect of you or any action is taken to appoint any such person and the action is not stayed, withdrawn or dismissed within 10 Business Days;

(d)      a controller is appointed in respect of any of your property;

(e)      you are deregistered under the Corporations Act or other legislation or notice of your proposed deregistration is given to you;

(f)       a distress, attachment or execution is levied or becomes enforceable against you or any of your property;

(g)      you enter into or take action to enter into an arrangement, composition or compromise with, or assignment for the benefit of, all or any class of your creditors or members or a moratorium involving any of them;

(h)      a receiver or manager (or both) or trustee in bankruptcy is appointed in respect of you or your property;

(i)       a petition for the making of a sequestration order against your estate is presented and the petition is not stayed, withdrawn or dismissed within 10 Business Days or you present a petition against yourself; or

(j)       anything analogous to or of a similar effect to anything described above under the law of any relevant jurisdiction occurs in respect of you.

Late Fees means the amount due and payable by you to us, as specified on our Site, if you are not at the Premises on the scheduled time and date organised between the Parties.

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Omission has the meaning given in clause 2.3(a).

Party means a party to this Document, and Parties means all of them.

Payment Terms means the payment of the Price, and all other amounts due and payable under these Terms, in accordance with the payment method (which is currently via credit card through Integrapay and ServiceM8) and by the due date set out in our invoice.

Personnel means, in relation to us, any of our employees, consultants, suppliers, subcontractors or agents, and in relation to you, any of your invitees, tenants or residents in, on or around the Premises.

Pest Management and Treatment Plan means the 3-year pest management and treatment plan as specified on our Site.

Premises means the location where we will perform the Booked Services, as instructed by you to us.

Price means the amount payable by you to us for the Booked Services as set out in the invoice, which may be amended from time to time in accordance with these Terms.

Appointment Cancellation Fee means the amount due and payable by you to us, as specified on our Site, if you do not cancel an appointment for the Booked Services in accordance with clause 3.1(b)(13).

Services means the services, as specified on our Site from time to time, including, but not limited to, the Pest Management and Treatment Plan.

Site means the website operated by us, available at [www.ILoveMyPlanet.earth] and may be available through other addresses or channels.

Statutory Rights means as described in clause 7.6.

8.2        Interpretation

In these Terms, unless the context otherwise requires:

(a)      the singular includes the plural and vice versa;

(b)      headings are for convenience only and do not affect interpretation;

(c)      a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of these Terms;

(d)      if any act which must be done under these Terms are to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;

(e)      a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(f)       where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(g)      a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(h)      includes and similar words mean includes without limitation;

(i)       no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(j)       a reference to a party to an instrument includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(k)      a reference to these Terms or any other instrument includes the instrument, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(l)       a reference to a covenant, obligation or agreement of two or more persons binds or benefits them severally;

(m)     a reference to time is to local time in New South Wales, Australia; and

(n)      a reference to $ or dollars refers to the currency of Australia from time to time.

 

 

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