Terms And Conditions
BinShare provides this Platform as part of its commitment to connect people so they can manage waste more conveniently and cheaply. BINSHARE DOES NOT CONTROL THE CONTENT OF LISTINGS AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO LISTINGS OR BOOKINGS. You agree the risks of any loss, damage, claim or injury are between you and any person you make an agreement with via the website. You warrant that you have either accepted associated risks or obtained appropriate insurances. By clicking ‘Register’ or ‘Continue’ you agree to BinShare’s Terms and Conditions.
BINSHARE’S TERMS AND CONDITIONS
BinShare (“BinShare”, “we”, “us” or “our”) operates as a platform and community marketplace where bin Users and bin Providers can form offline relationships directly with one another by listing or booking bin spaces within their local area using BinShare’s website or mobile applications (“Platform”).
“Services”: includes use of the Platform and information collected about you by us when you access our platform, and any other interactions and communications you may have with us associated with sharing bin space with peers.
“Users”: the people who use our Platform to request bin space or similar on-demand services.
“Providers”: the people who use our platform under license, to advertise and share their bin space or similar on-demand services.
“Damages”: includes any/or claims, liabilities, expenses of a legal or accounting or other nature, lost profits, lost data, loss of goodwill, personal injury or property damage related to, in any way connected with the services or any relationship formed through use of the services, whether based on negligence, breach of contract, or any other legal theory.
TERMS OF SERVICE
By using the Platform or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Platform and Services, and constitute a binding legal agreement between you and BinShare. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
In addition, certain areas of the Platform (and your access to or use of certain aspects of the Services or Content) may have additional terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site, Application or Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application or Services.
If you choose to create a listing on BinShare, you understand and agree that your relationship with BinShare is limited to being a member and an independent third-party and not an employee, agent, joint venture or partner of BinShare for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of BinShare. You also acknowledged other users do not have authority to act for BinShare.
To use the Platform and Services you must be eighteen years of age or older and must not have had any account previously cancelled by BinShare. By agreeing to these terms and conditions; you must only use the site to connect with other local people to dispose of your own waste or hire out unused space in your own bin, always in accordance with all laws, licences and agreements. Any other use of the Platform or Services is expressly prohibited.
TERM AND TERMINATION
This agreement will be effective for the remainder of the calendar month, at the end of which it will automatically and continuously renew for further months. However, you may immediately bring the term of your agreement to an end by clicking the cancellation button on the Platform. BinShare may immediately bring the term of your agreement to an end by suspending your account or by notice via email to your registered email address.
Failure to maintain accurate and complete account and payment information may result in your inability to access and use our Services.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your member content, including, but not limited to, any reviews or feedback. If terminated, the clauses of these terms that reasonably should survive termination of the agreement will remain in effect.
Any Services are provided “AS IS” and “AS AVAILABLE”.
You must exercise care and caution when interacting with people unknown to you or using bins you have located through BinShare. BINSHARE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. BINSHARE DISCLAIMS AND LIMITS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. BINSHARE FURTHER LIMITS LIABILITY TO THE AMOUNT OF ANY COMMISSION YOU HAVE PAID BINSHARE FOR THE TRANSACTION. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU.
BinShare aims to provide a low cost Service to connect peers. You recognise the nature of BinShare’s role and acknowledge BinShare will not be liable for actions or failures of other users. Further, you recognise BinShare is providing the Service at a low cost and you will not hold BinShare liable for anything related to the Platform or Services, including where BinShare is negligent or the Services are unavailable through the fault of BinShare or others.
To the extent any liability is not or cannot be excluded you recognise the philosophy of quick informal resolution, promise to email BinShare with your concern within one week, acknowledge BinShare’s liability is limited to the monetary value that BinShare has already received from you for the particular service related to your complaint, and acknowledge any action against BinShare will be commenced within three months of when you became aware of the issue.
You agree to indemnify and hold BinShare
(and its officers, directors, employees and agents) harmless from any and all Damages arising out of or in connection with:
(i) your participation in BinShare’s Platform and Services.
(ii) your breach or violation of any of these terms.
(iii) your violation of the rights of any third party, including a Third Party Provider.
This agreement is governed by the law of New South Wales, Australia. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any questions regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration shall be Newcastle, Australia. The language of the arbitration shall be English.
If any provision of these Terms is invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Further, any waiver of any right is effectively only if in writing and signed by a duly authorized representative of Binshare.