- Safe and Clean Hands – introduction
(a) Safe and Clean Hands is a business owned and operated Price and Speed Clearances Pty Limited ACN 050 287 164 of PO BOX 138 Botany NSW 1455 (SCH) involved in the distribution of hand sanitiser and dispensation products.
(b) This document explains how the agreement is made up, and sets out the terms of our agreement with you.
(c) Your use and/or purchase of SCH’s products (“Goods”), services and websites (including affiliated websites and pages, and including but not limited to the website at www.safeandcleanhands.com.au (referred to collectively, including where Goods are supplied, as the “Services” in this document – in which case Services shall be a reference to Goods) is subject to the terms of a legal agreement between you and SCH.
(d) Unless otherwise agreed in writing with SCH, your agreement with SCH will always include the terms and conditions set out in this document (“Main Terms”).
(e) Your agreement with SCH will also include the terms of any additional notices we send you or post on any website owned or operated by SCH applicable to the Services, in addition to the Main Terms (“Supplementary Terms”). Where Supplementary Terms apply to a Good or Service, these will be accessible for you to read either within, or through your use of, that Service.
(g) If there is any contradiction between what the Supplementary Terms say and what the Main Terms say, then the Supplementary Terms shall take precedence in relation to that Service.
- Accepting the Terms
(a) In order to use the Services (including purchasing any Goods), you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(b) You can accept the Terms by:
(i) clicking to accept or agree to the Terms, where this option is made available to you by SCH in the user interface for any Service (whether through a web browser, mobile app or otherwise); or
(ii) by actually using the Services or purchasing Goods. In this case, you understand and agree that SCH will treat your use of the Services or purchase of the Goods as acceptance of the Terms from that point onwards.
(c) You may not use the Services or buy the Goods and may not accept the Terms if you are not of legal age or capacity to form a binding contract with SCH, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services, or otherwise do not operate an Asset Broker business (unless we have expressly authorised you to do so).
- Supply of Goods and Services by SCH
(a) SCH will use all reasonable endeavours to provide the Services and supply the Goods to you as represented on the SCH website, or any instructional or promotional material provided by or on behalf of SCH.
(b) You acknowledge and agree that the form and nature of the Services or Goods which SCH provides may change from time to time without prior notice to you, and you shall remain bound by the Terms when using the Services in any updated or amended version.
(c) You acknowledge and agree that SCH may refuse to allow you to access the Services or buy the Goods at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SCH’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform SCH when you stop using the Services. SCH is not required to act in good faith or reasonably.
(d) You acknowledge and agree that if SCH disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.
- Supply of SCH Services
What is SCH?
(a) SCH is a distributor of hand sanitiser and dispensation products.
(b) In providing the Services and Goods, SCH utilises and in some instances provides access to third party products and services (including without limitation the access to a cloud server). In this instance, SCH acts merely as an intermediary to facilitate access, and SCH:
(i) relies on representations made by those third parties and other suppliers, and will not be liable to you for any misrepresentation made, if we reasonably relied upon such representation in sourcing any supplying the Services, to the extent allowed by law;
(ii) does not warrant the accuracy or functionality of any such third party product or service and will not be liable for any fault or misdescription;
(iii) does not make any other warranty regarding the third party service or product, and you agree to rely on your own investigations and will indemnify SCH against all claims and loss in connection with your use of any third party service; and
(iv) does not warrant that any such product or service will be virus free, or free from any other error or defect, and will not be liable for any damage suffered as a result to the extent allowed by law.
Payment of fees
(c) You agree to pay all fees charged based on SCH’s pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include any charges contained on our website.
(d) Information provided by you will be relied upon for the purposes of delivery of the Services. We will not be liable to you for incorrect information provided by you.
(e) SCH attempts to be as accurate as possible. However, SCH does not warrant that the Goods and Services supplied by SCH are accurate, complete, reliable, current or error-free. If a Good or Service offered by SCH is not as described, our liability to you shall be limited a refund for that Good or Service or provision of the Service again, alone.
(f) You expressly acknowledge that all Services supplied to you from SCH:
(i) are priced in Australian Dollars; and
(ii) will be charged, unless expressly stated otherwise, as exclusive of Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases, delivered to your nominated email account
and that you will make no objection or claim in relation to any of these matters unless such restriction is prohibited by law.
- Your Use of the Services
(b) SCH will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. SCH will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.
(c) Any data you provide to SCH will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.
(d) You agree to use the Services only for purposes that are agreed at the time of using the Services (including in relation to any Content), and that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(e) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SCH, unless you have been specifically allowed to do so in a separate agreement with SCH. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services, and you agree not to access the content directly from Contributors without the direct written agreement of SCH.
(f) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
(g) Unless you have been specifically permitted to do so in a separate agreement with SCH, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless SCH for any loss it suffers if you breach this obligation.
(h) Unless you have been specifically permitted to do so in a separate agreement with SCH, you agree that you will not alter, modify, remove or otherwise obscure any content that you access by using the Services.
(i) You agree that you are solely responsible for (and that SCH has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SCH may suffer) of any such breach. You agree to indemnify SCH for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damages).
- Your account security and data security
(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
(b) Accordingly, you agree that you will be solely responsible to SCH for all activities that occur under your account, and SCH will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
(c) You may not transfer your account to any other person, unless specifically agreed in writing by SCH.
(d) We will supply you with a generic password upon registration, however you must change your password prior to your first use of the Services.
(e) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify SCH immediately using the contact details contained at www.safeandcleanhands.com.au
- Privacy and personal information
- Proprietary rights
(a) SCH has the right to use the “Safe and Clean Hands” intellectual property.
(b) You acknowledge and agree that SCH (or SCH’s licensors) own all legal right, title and interest in and to the Goods and Services, including any intellectual property rights which subsist in the Goods and Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by SCH and that you shall not disclose such information without SCH’s prior written consent.
(c) You acknowledge that you have no ownership in the intellectual property comprised in the Goods and Services.
(d) Unless you have agreed otherwise in writing with SCH, nothing in the Terms gives you a right to use any of SCH’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by SCH).
(e) You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Goods or Services.
(f) Unless you have been expressly authorised to do so in writing by SCH, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You agree to wholly indemnify SCH for any loss or damage suffered by SCH by reason of any breach by you of this Clause.
(a) To the fullest extent permitted by law, you agree to fully and promptly indemnify SCH against any loss (either direct or indirect) damage or expense whatsoever which SCH may suffer or incur in respect of:
(1) Any breach by you of the provisions of the Terms;
(2) Any claim in connection with your use of the Goods or the Services by any person;
(3) Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Goods or Services; and/or
(4) Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Goods or Services by SCH.
(b) You irrevocably release SCH and waive all claims which you may have in the future against SCH, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by SCH.
- Terminating the agreement
(a) The Terms will continue to apply until terminated by either you or SCH as set out below.
(b) Subject to the balance of this clause, if you want to terminate your legal agreement with SCH, you may do so by:
(i) notifying SCH at any time using the contact page on our website; and
(ii) closing your accounts for all of the Services which you use, where SCH has made this option available to you.
(c) All Goods and Services are non-refundable unless in accordance with these terms or where required by law or otherwise identified in any refund policy published by SCH in existence from time to time.
(d) SCH may at any time, terminate its legal agreement with you if:
(i) you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
(ii) SCH is required to do so by law (for example, where the provision of the Services or Goods to you is, or becomes, unlawful); or
(iii) any third party regarding whom SCH offered the Services to you has terminated its relationship with SCH or ceased to offer the Services to SCH or you; or
(iv) you have not made payment as required for the Services;
(v) SCH is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(vi) the provision of the Services to you by SCH is, in SCH’s opinion, no longer commercially viable; or
(vii) for any other reason SCH in its reasonable discretion thinks fit.
(e) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Goods or the Services, unless otherwise agreed in writing with SCH.
(f) Nothing in this Section shall affect SCH’s rights regarding provision of Services under the Terms.
(g) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SCH have benefited from (including any moneys owed for Services provided to you), been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
- EXCLUSION OF LIABILITY
(a) NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT SCH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW OR OTHERWISE CONTAINED IN ANY WARRANTY IDENTIFIED IN ANY SUPPLEMENTARY TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE GOODS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
(c) IN PARTICULAR, TO THE FULLEST EXTEND ALLOWED BY LAW, SCH DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i) YOUR USE OF THE SERVICES AND GOODS WILL MEET YOUR REQUIREMENTS,
(ii) ALL GOODS AND SERVICES ARE IN STOCK AND AVAILABLE FOR PURCHASE;
(iii) ANY OF THE INFORMATION OR CONTENT YOU ACCESS USING THE SERVICES IS ACCURATE, RELIABLE, OR THAT ANY PARTICULAR RESULT OR EFFECT WILL BE ACHIEVED BY USING THE SERVICES OR ANY OF THE CONTENT ACCESSED OR DOWNLOADED USING THE SERVICES,
(iv) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES,
(v) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(vi) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(f) SCH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU., INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
(iii) ANY CHANGES WHICH SCH MAY MAKE TO THE SERVICES AND OR GOODS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE GOODS AND SERVICES;
(v) YOUR FAILURE TO PROVIDE SCH WITH ACCURATE ACCOUNT INFORMATION;
(vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(b) THE LIMITATIONS ON SCH’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT SCH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
(c) WE SHALL NOT BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM OR PROVIDE THE SERVICES BY REASON OF ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
(d) TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT SCH IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL BE LIMITED TO A REFUND OF AMOUNTS PAID BY YOU TO SCH, A REPLACEMENT OF THE GOODS OR SERVICES SUPPLIED, OR REPERFORMANCE OF THE SERVICES SUPPLIED.
(a) Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
(b) The manner, mode and extent of advertising by SCH on the Services are subject to change without specific notice to you.