if thatnor TERMS OF SERVICE

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OVERVIEW

This website is operated by WYZ Waste Solutions LTD, TA/ BinBuddy. Throughout the site, the terms “we”, “us” and “our” refer to BinBuddy. BinBuddy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information to us is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, site arrival times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BinBuddy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless BinBuddy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – NON-PAYMENT

All services offered by us must be paid in full before any service is rendered. Some exceptions might be made however we reserve the right to decline rendering service without payment to our discression.

In the event that payment is deffered and services are rendered, we reserve the right to return an equal amount back to the serviced address in the event that payment is not made within agreed time frames or when payment is not made within 7 working days.

In the even that items of equal value is returned, a fee of $99 plus the area minimum excluding GST will be billed to the customer. If the customer requests us to again return and collect items returned, the total fee plus the originally quoted amount will make up the new quoted amount.

The only exception to this term are commercial customers that hold approval for later payment or customers that hold a current account with us.

SECTION 21 – SERVICE REFUSAL

We reserve the right to refuse rendering services, such as but not limited to the following situations:

– disrespectful, discriminatory, aggressive or abusive behaviour towards any of our staff, in person or over the phone.
– Threatening or showing aggression towards field staff
– Ex-Staff of our company
– Booking with our service and cancelling without 1 working day notice
– Posting false statements on any public domain that do not accuretly reflect our service rendered or quotes provided by us

Questions about the Terms of Service should be sent to us at hello@binbuddy.co.nz.

SECTION 22 – AREA MINIMUM

As part of our service we require an area minimum to be paid for bookings to take place. All orders must be paid up to at least the area minimum in order for any service to be rendered.

The Area Minimum paid provides customers with a Field Team to their site in order to assess work to be completed, and providing customers with a verbal quote while the Teams are onsite.

Each area minimum is as per our booking form located at binbuddy.co.nz/bookme and may change from time to time without notice. Area minimum changes shall not apply to bookings that are already made and confirmed however, will affect all future orders after the change.

Area minimums may not be refundable, wether a collection has taken place or not. Area Minimum Values paid can be deducted from the quote from the time that the quotations are generated, for up to 10 days thereafter. Minimum Area Values cannot be applied to quotations after 10 days of the quotation being compiled by our team.

Customers will be entitled to a refund of the Area Minimum under the following situations:

– When our team did not visit the customers’ site on the booking date
– If we are not able to complete a job that might require equipment that we do not have access to
– If a full quote is paid and the area minimum paid exceeds the quote amount
– Cancellations requested with 3 days notice from the booking date, excluding when the initial booking date has been moved

SECTION 23 – SAME DAY OR NEXT DAY SERVICE

Our service works by offering collections as fast as we possibly can and we are able, from time to time, to offer same day or next day collections.

These offers are subject to availability and we may or may not be able to accomodate same day or next day collections. These offers depend on customers locations, our availability and other factors outside of our control such as traffic and other constraints that may mean that we are not able to offer same day or next day collections.

SECTION 24 – ARRIVING ON TIME GUARANTEE

We do our best to offer time-frames of when our team will visit job sites and customers properties. Customers will get a text message of when the drivers are expected to arrive as the drivers make their way to the customers property. Arriving on time Guarantees are not covered when customers get a time estimate or arrival windows.

SECTION 25 – BOOKING IN ADVANCE

Customers can book 4 weeks or more in advance and will therefor be eligible for a 20% discount on the final priced quote after the minimum collection fee has been taken off. Customers cant change the booking date after the booking has been made, if for any reason a customer uses their one reschedule they will lose the discount offer and pay the full quote of removal.

SECTION 26 – SATISFACTION GUARANTEE

Our satisfaction guarantee is in effect from the moment customers agree to our quotations and make payment. This Guarantee is a testament to the high standard of work our teams deliver on-site and the professionalism they maintain throughout the service.

This guarantee specifically covers:

The quality of workmanship and adherence to agreed-upon service standards while our teams are on-site.
The conduct and work etiquette of our team members during the provision of services.

This Guarantee do not apply to disatisfaction of quotation prices or in situation where we have taken resonable steps to remedy complaints. This guarantee also do not apply in situations where our staff have taken practicle steps to perform quality services.

Exclusions:

The guarantee does not cover any disagreements related to the prices quoted.
It also excludes situations where our team has adhered to internal best practices and followed instructions provided by customers, ensuring that our operations are both efficient and respectful of customer preferences.
Work conducted at unattended sites is outside the scope of this guarantee. For unattended sites, our teams are restricted from entering inaccessible areas, gated properties, garages, or homes without the explicit verbal permission of the customer. In such cases, we aim to quote for accessible items only and will vacate the premises if no contact is made within 15 minutes of our team’s arrival. Should no accessible items be available for quotation, customers will need to re-book and cover the area minimum for a subsequent site visit.

Additional Clause:

We recognize that despite our best efforts, not all situations unfold as planned. Therefore, this guarantee does not apply to instances where we have gone above and beyond to rectify any issues arising during the service provision. Our commitment to exceeding customer expectations means that in exceptional circumstances, where additional efforts are required to address unforeseen challenges, such instances fall outside the purview of this satisfaction guarantee.

SECTION 27 – PROPERTY DAMAGE

While our teams take all due care in performing their duties, there are situations where minor damage can occure to property, especially when removal of items are in confined spaces or difficult to access areas.
While we will take practicle steps to remedy damage caused to property, this is limited to situations where our staff are negligent.
Our staff will take all practicle steps to advise customers of potential damage to property however, potential damage might not always be apparent to our staff.

By proceeding with quotations, customers agree that minor damage to property might occure where we are unable to offer a remedy.

Section 26 do not apply in these instances.

SECTION 28 – TERMS OF SERVICE ACCEPTANCE

When customers place bookings with us, they will be deemed to have accepted our Terms of Service as per this page. All orders processed also has an acceptance box attached with a link to this page.

SECTION 29 – QUOTATION ACCEPTANCE

Once a quotation is generated by the team, and customers request us to proceed with the work quoted, the quotation shall be seen as final.
Customers are required to make payment for quotations before work is carried out, unless otherwise allowed to our sole discretion.

Customers are not required to proceed with quotations completed by the field team, and quotations are valid for 10 days after being generated.

We hold the sole right to apply interest to unpaid quotations when we have allowed payment to be deferred while work is being done. Such interest may change from time to time and could be up to 10% per month, rounded up.

Quotations that remain unpaid beyond the agreed time frame with customers may be referred for collection. Customers will be liable for collection costs of unpaid invoices.

SECTION 30 – PAYMENTS

We accept electronic payment methods and may from accept cash payments to our discretion. Electronic payments are completed via third party processors and no payment information, such as credit or debit card information are collected or stored by us. Liability and protection of information collected will remain with the third party processors and are not guaranteed by Wyz Waste Solutions Limited.

SECTION 31 – BAGS COLLECTION

FOR PRE-PAY BAGS:
Customers are responsible for leaving bags that are ready for collection outside and accessiable the night before collection.
Customers are also responsible for ensuring bags are tides and closed, placed where the team has access to them without having to contact you and meet the same weight and size of the bag category as selected when booking for a bag collection online.
If bag collections don’t follow these rules the team has the right to refuse collection or only take partial collection.
Any and all bags that are not securely tied will be left behind.
PLEASE NOTE: Teams cannot enter your home or garage without your presence.

FOR CALLOUT & QUOTES:
Our teams will be in touch the night before with an estimated time the team should arrive. Note that this is an estimate as it depends on the run for the day. The Teams can call you when they are on their way if requested, if you would like them to do so then please message us on Facebook to request it.
It is also no problem if you are not home, so long as the teams can access what you need removed. Our teams can quote over the phone and payments can be made online by choosing “Pay a Quote” option under services on the booking form.

PLEASE NOTE: Teams cannot enter your home or garage without your presence.

SECTION 32 – CASUAL ACCOUNT HOLDER

Non-Recurring Customer Clause: A non-recurring customer is defined as a customer who does not possess an active service agreement tied to their account. Occasionally, we may extend the option for customers to settle invoices within a specified timeframe, which will be formally communicated in writing.

Invoice Payment Policy: In certain instances, customers may be permitted to fulfill their invoice obligations within a designated timeframe, as communicated in written correspondence. However, please note that in cases of default, where payments within the stipulated period are not received, an account handling fee of $99 will be levied per month. This fee will be calculated on a daily basis.

Overdue Accounts and Charges: Accounts with outstanding balances will be considered overdue, encompassing both the unpaid principal and the monthly account handling fee. Additionally, interest on overdue amounts will be applied at a rate of 14% per annum, calculated on a daily basis.

Account Handling Beyond 3 Months: While we strive to work with our valued customers to address overdue accounts, please be aware that we can only maintain overdue accounts for a period of up to three months. Failure to resolve outstanding balances within this timeframe will result in the initiation of debt collection procedures. Consequently, the account holder will bear responsibility for any supplementary costs associated with such debt collection services.

SECTION 33 – CUSTOMER COLLECTION

Policy on Item Removal

We strive to provide excellent service to our customers, including facilitating the collection of items as per their requests. It is important for our customers to understand the guidelines and limitations surrounding the removal of items from their premises.

1. Removal of Items:

a. All items are removed from the customer’s location based on explicit guidance or requests provided by the customer.

b. We will not be responsible for the removal of items that were not explicitly quoted for or instructed to be removed.

2. Customer Responsibility:

a. Customers are responsible for accurately communicating their removal requirements and providing clear guidance on the items to be removed.

b. We will only proceed with the removal of items in accordance with the information provided by the customer.

3. Clarification and Communication:

a. Customers are encouraged to seek clarification and confirm the list of items to be removed before the scheduled collection.

4. Exclusions:

a. We are not responsible for the removal of items that were not part of the original removal request.

b. Items not explicitly quoted for or instructed to be removed will not be taken by our removal team.

5. Dispute Resolution:

a. In the event of any dispute regarding the removal of items, We will work with the customer to resolve the issue amicably.

6. Finality of Removal:

a. Once items have been removed based on customer guidance, BinBuddy holds no responsibility for any subsequent changes or additions to the removal list.

SECTION 34 – REFUND POLICY

We understand that plans can change, and we want to make sure our customers are satisfied. Please review our refund policy below to understand our cancellation and refund process:

Cancellation Timeline:

Cancellation 3 or more days before the scheduled event: You are eligible for a refund with a 15% handling fee deducted from the total amount paid.

Cancellation 2 days before the scheduled event: You are eligible for a refund with a 50% handling fee deducted from the total amount paid.

Cancellation on the day before or the day of the scheduled event: Unfortunately, we cannot issue any refunds for cancellations made during this time frame.

How to Request a Refund:

To request a refund, please contact our customer support team as soon as possible. Make sure to provide the following information:

Your full name
Contact information (email and phone number)
Order or booking number
Event details
Reason for cancellation
Please allow us some time to process your refund request. The handling fee will be deducted from the refund amount, and the remaining balance will be returned to you through the same method of payment used for the original transaction.

Refund Processing Time:

Refunds typically take 5-10 business days to process. Please note that the exact processing time may vary depending on your bank or payment provider.

Questions or Concerns:

If you have any questions or concerns about our refund policy, please contact our customer support team for assistance.