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Terms of Service

Terms of Service

  1. Interpretation
    • These terms of service apply to the supply of commercial kitchen cleaning products by ALDR Collective Pty Ltd t/as Clean Hands (“Clean Hands”) on its website at http://www.cleanhands.com.au and related mobile apps (“Digital Applications”) or any other purchasing method offered by Clean Hands from time to time.
  2. Definitions
    • “You” and “Your” refer to all users and customers, jointly and severally if there is more than one customer, of the Digital Applications or Service, including Registered Users and “we”, “us” and “our” refer to the Supplier. References to users must be read as being also a reference to Registered Users.
    • “Service” means any:
      • Digital Applications’ trading facility that provides the Goods to You by the Supplier; and
      • other services, not mentioned in the above, provided to You by Clean Hands.
    • “Registered User” means anyone who has signed up for the Service and has obtained a user ID to log into the Service. Registered Users may set a profile by giving us certain additional information, which we may refer to as your “account”.
    • “Supplier” means Clean Hands, its successors and assigns or any person acting on behalf of and with the authority of Clean Hands.
    • “Goods” means all Goods supplied by the Supplier to You at the Your request from time to time.
    • “Price” means the Price payable for the Goods as agreed between the Supplier and You in accordance with clause 5
  3. Acceptance
    • These terms of service in force at any time are published on the Digital Applications. If Clean Hands develops revised terms of service, then on their publication on the Digital Applications they will supersede those they replace. If you subsequently access or use the Digital Applications or the Service, you will be taken to have accepted the revised terms of service. If you do not agree with any change or revision of applicable terms of service at any time, do not access, use, upload, submit information to or download from the Digital Applications or use the Service.
    • You are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms of service and enter into a binding legal contract between You and the Supplier if You place an order for the Goods or accept delivery of the Goods. This is the case whether you become a Registered User and regardless of a Registered User’s class, level or status.
    • These terms of service may only be amended with the Supplier’s consent in writing and will prevail to the extent of any inconsistency with any other document or agreement between You and the Supplier.
    • None of the Supplier’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the director of the Supplier in writing nor is the Supplier bound by any such unauthorised statements.
    • All literature, samples, specifications, dimensions and weights submitted on the Digital Applications are approximate only and the data and descriptions contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with Goods the Supplier supplies, and the Supplier reserves the right to supply Goods that have modifications in specifications if the Goods are not in supply.
    • You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms of Service or you represent you are a minor under the age of 16 and warrant that you have obtained parental consent.
    • You warrant that You have the power to enter into this agreement and have obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
  4. Change in Control
    • You will give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of You and/or any other change in Your details (including but not limited to, changes in Your name, address, contact phone or fax number/s, or business practice). You will be liable for any loss incurred by the Supplier as a result of Your failure to comply with this clause.
  5. Price and Payment
    • All prices for the Goods are in Australian dollars (unless noted otherwise) and are exclusive of goods and service taxation (“GST”) or other value added tax. The total cost of your order is the price of the Goods, and any delivery, packaging, service or credit card charges, exclusive of GST.
    • Prices for the Goods may change at any time. The Supplier will charge you the price that is displayed on the Digital Applications or communicated by the Supplier at the time you buy the Goods.
    • At the Supplier’s sole discretion, a non-refundable deposit of 50 per cent of the Price may be required.
    • Time for payment for the Goods being of the essence, the Price will be payable by You on the date/s determined by the Supplier, which may be:
      • on delivery of the Goods;
      • before delivery of the Goods;
      • the date specified on any invoice or other form as being the date for payment; or
      • for certain approved customers only, the date which is thirty (30) days following the date of any invoice given to You by the Supplier.
    • Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two percent (2%) of the Price (for VISA or MasterCard) or two and one half percent (2.5%) (for AMEX)), or by any other method as agreed to between You and the Supplier.
    • Unless otherwise stated the Price does not include GST. In addition to the Price, You must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. You must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as You pay the Price. In addition, You must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  6. Delivery of Goods
    • Delivery (“Delivery”) of the Goods is taken to occur at the time that the Supplier (or the Supplier’s nominated carrier) delivers the Goods to Your nominated address even if the You are not present at the address.
    • At the Supplier’s sole discretion, the cost of delivery (which will be at cost) is either included in the Price or is in addition to the Price.
    • You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. If You are unable to take delivery of the Goods as arranged, then the Supplier will be entitled to charge a reasonable fee for redelivery and/or storage at cost.
    • The Supplier may deliver the Goods in separate instalments. Each separate instalment will be invoiced and paid in accordance with the provisions in these terms of service.
    • Any time or date given by the Supplier to You is an estimate only. You must still accept delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by You as a result of the delivery being late.
  7. Risk
    • Risk of damage to or loss of the Goods passes to You on Delivery and You must insure the Goods on or before Delivery.
    • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to You, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms of service by the Supplier is enough evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
    • If You request the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location, then such Goods will be left at Your sole risk.
  8. Your Disclaimer
    • You hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to You by the Supplier and You acknowledge that the Goods are bought relying solely upon Your skill and judgment.
  9. Title
    • The Supplier and You agree that ownership of the Goods will not pass until:
      • You have paid the Supplier all amounts, including monies owed pursuant to clause 2, owing to the Supplier; and
      • You have met all of its other obligations to the Supplier.
    • Receipt by the Supplier of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that:
      • until ownership of the Goods passes to You in accordance with clause 1 that You are only a bailee of the Goods and must return the Goods to the Supplier on request.
      • You hold the benefit of your insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • You must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If You sell, dispose or part with possession of the Goods then You must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.
      • You should not convert or process the Goods or intermix them with other goods but if You do so then You hold the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.
      • You irrevocably authorise the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods.
      • the Supplier may recover possession of any Goods in transit whether delivery has occurred.
      • You will not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier.
      • the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to You.
  1. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    • Upon assenting to these terms of service in writing (which is done at the time that You place an order for the Goods either using the Digital Applications or direct to Clean Hands) You acknowledge and agree that these terms of service constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Supplier to You.
    • You undertake to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to;
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 3(a)(i) or 10.3(a)(ii);
      • indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier;
      • immediately advise the Supplier of any material change in its business practices of selling the Goods.
    • The Supplier and You agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    • You waive your right to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • You waive your right as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by the Supplier, You waive your right to receive a verification statement in accordance with section 157 of the PPSA.
    • You must unconditionally ratify any actions taken by the Supplier under clauses 3 to 10.5.
    • Subject to any express provisions to the contrary nothing in these terms of service is intended to have the effect of contracting out of any of the provisions of the PPSA.
  2. Security and Charge
    • In consideration of the Supplier agreeing to supply the Goods, You charge all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by You either now or in the future, to secure the performance by You of its obligations under these terms of service (including, but not limited to, the payment of any money).
    • You indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
    • You irrevocably appoints the Supplier and each director of the Supplier as Your true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on Your behalf.
  3. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • You must inspect the Goods on delivery and must within seven (7) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. You must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification You must allow the Supplier reasonable access to inspect the Goods.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms of service (Non-Excluded Guarantees).
    • The Supplier acknowledges that nothing in these terms of service purports to modify or exclude the Non-Excluded Guarantees.
    • Except as expressly set out in these terms of service or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms of service including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If You are a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money You have paid for the Goods.
    • Subject to the CCA in respect of any expressed warranties and guarantees, the Supplier’s liability for any defect or damage in the Goods is:
      • limited to the value of any express warranty.
      • limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods;
      • otherwise negated absolutely.
    • At no time will a warranty be transferrable. Any warranty offered is made only to You who must produce the original sales invoice at the point of submitting a warranty claim.
    • Subject to this clause 12, returns will only be accepted provided that:
      • You have complied with the provisions of clause 1; and
      • the Supplier has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at Your own cost; and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 1 to 12.8 but subject to the CCA, the Supplier will not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • You failing to properly maintain or store any Goods;
      • You using the Goods for any purpose other than that for which they were designed;
      • You continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • You failing to follow any instructions or guidelines provided by the Supplier for the Goods and which is also covered under the Product Maintenance section via the Supplier’s website;
      • installation, repair or alteration of the Goods is carried out by an unauthorised party without the Supplier’s consent;
      • some key systems are restrictive. You acknowledge that the Supplier must be consulted prior to consulting independent locksmiths.
      • fair wear and tear, any accident, or act of God, such as destruction by the elements;
      • tampering or attempted break-in.
    • You acknowledge and accept that all warranty claims will be dealt with by the Supplier during the normal hours 9.00 am to 5.00 pm, Monday-Friday only.
    • The Supplier may in its absolute discretion accept non-defective Goods for return in which case the Supplier may require You to pay handling fees of up to ten percent (10%) of the value of the returned Goods plus any freight costs.
    • Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
  4. Intellectual Property
    • Any alerts, newsletters, broadcast emails or other materials associated with the Digital Applications are the property of Clean Hands or their respective owners, unless noted otherwise.
    • The Digital Applications are protected by law including copyright in any layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Digital Applications may be used, copied, modified, changed, distributed, republished or transmitted, except for permitted uses. No licence or permission is given in these terms of service for you to copy, duplicate or use of the content of Clean Hands or third-party owners. Any licence or permission must be in writing.
    • All rights not specifically and expressly granted in these terms of service or on the Digital Applications are reserved by Clean Hands or their respective owners.
  5. Default and Consequences of Default
    • Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (1%) per calendar month (and at the Supplier’s sole discretion such interest will compound monthly at such a rate) after as well as before any judgment.
    • If You owe the Supplier any money You must indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).
    • Without prejudice to any other remedies the Supplier may have, if at any time You are in breach of any obligation (including those relating to payment) under these terms of service the Supplier may suspend or terminate the supply of Goods to You. The Supplier will not be liable to You for any loss or damage You suffer because the Supplier has exercised its rights under this clause.
    • Without prejudice to the Supplier’s other remedies at law the Supplier will be entitled to cancel all or any part of any order of Yours which remains unfulfilled and all amounts owing to the Supplier will, whether or not due for payment, become immediately payable if:
      • any money payable to the Supplier becomes overdue, or in the Supplier’s opinion You will be unable to make a payment when it falls due;
      • You become insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any of your asset.
  1. Cancellation
    • The Supplier may cancel any contract to which these terms of service apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to You. On giving such notice the Supplier may repay to You any money paid by You for the Goods. The Supplier will not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that You cancel delivery of Goods You will be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).
  2. Privacy Act 1988
    • By using the Digital Applications, you acknowledge that You have read our privacy policy statement and consent to it.
    • You agree for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about You in relation to credit provided by the Supplier.
    • You agree that the Supplier may exchange information about You with those credit providers either named as trade referees by You or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      • to assess an application by You; and/or
      • to notify other credit providers of a default by You; and/or
      • to exchange information with other credit providers as to the status of this credit account, where You are in default with other credit providers; and/or
      • to assess the creditworthiness of You.

You understand that the information exchanged can include anything about Your creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

  • You consent to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
  • You agree that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as will be agreed between You and Supplier or required by law from time to time):
    • the provision of Goods; and/or
    • the marketing of Goods by the Supplier, its agents or distributors; and/or
    • analysing, verifying and/or checking Your credit, payment and/or status in relation to the provision of Goods; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by You; and/or
    • enabling the daily operation of Your account and/or the collection of amounts outstanding in Your account in relation to the Goods.
  • The Supplier may give information about You to a credit reporting agency for the following purposes:
    • to obtain a consumer credit report about You;
    • allow the credit reporting agency to create or maintain a credit information file containing information about You.
  • The information given to the credit reporting agency may include:
    • personal particulars (Your name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
    • details concerning Your application for credit or commercial credit and the amount requested;
    • advice that the Supplier is a current credit provider to You;
    • advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
    • that Your overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
    • information that, in the opinion of the Supplier, You have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with Your credit obligations);
    • advice that cheques drawn by You for one hundred dollars ($100) or more, have been dishonoured more than once;
    • that credit provided to You by the Supplier has been paid or otherwise discharged.
  1. Unpaid Seller’s Rights
    • Where You have left any item with the Supplier for repair, modification, exchange or for the Supplier to perform any other service in relation to the item and the Supplier has not received or been tendered the whole of any moneys owing to it by You, the Supplier will have, until all moneys owing to the Supplier are paid:
      • a lien on the item; and
      • the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
    • The lien of the Supplier will continue despite the commencement of proceedings, or judgment for any moneys owing to the Supplier having been obtained against You.
  2. Dispute Resolution
    • If a dispute arises between the parties to this contract, then either party will send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties will confer at least once, to attempt to resolve the dispute. At any such conference each party will be represented by a person having authority to agree to a resolution of the dispute. If the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration will be:
      • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
      • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
  1. General
    • Each Registered User:
      • is responsible for the security and use of its username and password and must take all reasonable steps to ensure they are kept confidential and secure;
      • must not allow any third party or unauthorised person to access the Digital Applications using that username or password; and
      • must immediately notify Clean Hands of any unauthorised use of a username or password or any other breach of security.
    • Clean Hands is not liable for any loss or damage arising from a Registered User’s failure to comply with obligations in these terms of service.
    • If you register as a Registered User of the Digital Applications, you agree that Clean Hands may from time to time send communication to you, such as alerts and e-newsletters, regarding your interests, or confirmations regarding your use of the Digital Applications or Service.
    • The failure by the Supplier to enforce any provision of these terms of service will not be treated as a waiver of that provision, nor will it affect the Supplier’s right to subsequently enforce that provision. If any provision of these terms of service will be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
    • These terms of service and any contract to which they apply will be governed by the laws of the state in which the Supplier has its principal place of business and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 12 the Supplier will be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by the Supplier of these terms of service (alternatively the Supplier’s liability will be limited to damages which under no circumstances will exceed the Price of the Goods).
    • You will not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to You by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
    • The Supplier may license or sub-contract all or any part of its rights and obligations without Your consent.
    • Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • Nothing in these terms of service is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.
  2. Over the phone order and payment
    • Clean Hands provides features through their website that enable customers to store personal information if needed. Clean Hands can accommodate all types of orders, but in the case of over the phone orders, we (Clean Hands) may at times access your account to process orders on your behalf. Granted with your permission, Clean Hands will have access to all your information within the 'My Account' section. Clean Hands will not have access to your password at any time. If you elect to store your credit card details within your 'My Account' section for future payments, the Clean Hands website will only store the last 4 digits of your card number as well as the expiry date and the type of card, the full details of the card are held within the payment system, Stripe. Clean Hands will not have full access to your credit card details at any time.