TERMS of USE

TERMS OF SERVICE

OVERVIEW

This website is operated by Kelland Environmental Technology Pty Ltd (KET) ACN 633309136 trading as DiaperRecycle. Throughout the site, the terms “KET”, “we”, “us” and “our” refer to Kelland Environmental Technology Pty Ltd. KET offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing our service or products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any 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 website 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 website is hosted on WordPress. They and other third parties provide us with the online platform that allows us to sell our service and products to you.

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

SECTION 1 – ONLINE STORE TERMS

When we say ‘you’ or ‘your’, we mean both you and any entity or firm you’re authorised to represent. When we say ‘KET’, ‘we’, ‘our’ or ‘us’, we’re talking about the entity you contract with and pay fees to for our service or products.

Our service and products consist of all the Services we provide now or in the future, including the waste disposable nappy collection service and other future services; and all the products we supply now or in the future, including the cat litter.

When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription to receive the service. As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it.

Your use of our service generally requires you to pay a monthly subscription fee the amount of which is based on your subscription type as displayed on the website, or an amount agreed in discussion with us, the subscription fee. The pricing plan consists of the subscription and subscription fees we offer you, which includes invoicing, payment, auto-renewal and cancellation terms.

We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know with 14 days notice prior to your next payment. The subscription fees listed on the website include 10% GST.

Depending upon where you’re based and how you use our Services, you may be able to gain access to additional services and products that we offer, such as the purchase and drop off of our cat litter and any future services or product offers. These services or products will incur an additional fee that we’ll inform you about when the services are offered, and when you sign up to receive those services or products.

To continue accessing our service and products, you need to make timely payments based on your pricing plan and information provided on the website, and when you subscribe to the services or arrange to purchase a product. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we will suspend access to our service and products until the payment is made.

We respect your privacy and take data protection seriously. In addition to these terms, our Privacy Policy sets out how we process your personal data.

Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one 14 days written notice in advance and before the beginning of the next payment period. You’ll still need to pay all relevant subscription fees up to the end of your payment period, see the Refunds and Returns Policy.

Once a subscription is terminated by you or us, it is archived and the data submitted by you will no longer be available to you. We retain it for a period of time during which, as a subscriber, you can reactivate your subscription and once again receive our service by paying the subscription fees.

At times we may change these terms of use. Changes won’t apply retrospectively and, we’ll make every effort to let you know of any changes. You can keep track of changes to our terms by referring to the version of the Terms and the date the version was last updated.

SECTION 2 – GENERAL CONDITIONS

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

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.

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

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. 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, PRODUCT AND PRICES

Prices for our service and products are subject to change at any time, and we will endeavour to provide you with 14 days notice of any change.

We reserve the right at any time to modify, temporarily halt, or discontinue the Service (or any part or content thereof), and we will endeavour to give you 14 days notice, unless we have no control over the circumstances.

We will endeavour to provide you with 14 days notice of material changes to the Service, before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it either by email, or text message, or by posting a visible notice on our website. If a change isn’t material, we may not notify you.

We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control. 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

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and we take no responsibility if we are not able to deliver.

We have made every effort to display as accurately as possible the colours and images of our product/s. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our service or products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. With regard to the service we offer – collection of used disposable nappies – we offer the service to households, childcare and aged care. For each household we assume one child’s worth of nappies, at an average of 35 nappies per week and it is at our discretion should we decide to accept more nappies from each household. This is especially so for households on a discount. Generally, if the number of nappies is high, twins are treated as two subscriptions on the two household discount. Every subscription will be considered and the fee discussed with the subscriber.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of our service and products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any service, products, 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 will 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 without prior discussion and agreement with us.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our website. 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.

When you purchase our services or products, you promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use. You’re also responsible for protecting your username and password from getting stolen or misused. Our Service has minimum password standards, and you will ensure that your password is very strong and not easily guessed or discovered.

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 website 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 entering a competition) or without a request from us you send questions, 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, libellous, 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 libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our 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 through the website is governed by our Privacy Policy. You must make sure that your personal information is kept up to date at all times.

SECTION 11 – REFUNDS AND RETURNS POLICY

Refund on service fee

If you cancel your subscription to the service while within your pre-paid month period, we do not provide refunds. Cancellations should be made prior to the new payment period starting, two weeks in advance.

If we terminate your subscription to the service as per the Terms of Service, and within your pre-paid month period, we do not provide a refund.

Refund and return on products

Our refund and return policy on products lasts for 30 days after the date of purchase. If 30 days have gone by since the date of your purchase, we can’t offer you a refund or return.

To be eligible for a return, your product must be in the original packaging and un-opened, and you must be able to show proof of purchase. You must pay the postage for the return of the product.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received your refund in reasonable time, first check your bank account again, then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank, because there can be some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us using the Contact Us form.

You will be responsible for paying for your own shipping costs for returning your item for a refund.

SECTION 12 – 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, product shipping charges, transit 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 13 – 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 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service or products 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 halt our service for indefinite periods of time or cancel the service at any time, with limited notice to you when it is out of our control.

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 Kelland Environmental Technology Pty Ltd, 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 services or any products procured using the Service, or for any other claim related in any way to your use of the Service, 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, purchased or otherwise made available via the Service, even if advised of their possibility. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold Kelland Environmental Technology Pty Ltd also known as DiaperRecycle and our 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 16 – 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 17 – TERMINATION

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

We may choose to terminate your subscription to our service or access to our products at any time by providing you with 14 days written notice in advance. We will also terminate or suspend your subscription or access to our service or products if:

• you breach any of these terms or our Guidelines and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied,
• you fail to pay subscription fees or pay for the product, or
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors or become subject to any similar insolvency event in any jurisdiction.

Refunds and termination

No refund of your service fees is due to you if you terminate your subscription within the month already paid for in advance, or if we terminated your subscription in accordance with these terms and the Guidelines. For further information on refunds or returns of product please see our Refunds and Returns Policy.

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 service or purchase our product, or when you cease using our website.

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 we may deny you access to our service or products.

SECTION 18 – 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 our Service constitute 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 19 – 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 Victoria, Australia.

SECTION 20 – 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 service and products following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION