1. Acceptance of Terms & Conditions
1.1 Ridly Pty Ltd (ABN 50 635 775 503) trading as Ridly ("we", "us" or "Ridly") is a rubbish removal service. This website is located on the web via the domain https://www.ridly.com.au and includes all of the files located in that domain ("this site").
1.4 These Terms & Conditions will prevail over any other terms or agreement between you and us.
2. Definitions and Interpretation
2.1 In these Terms & Conditions:
Approval means the Customer’s written approval and acceptance of these Terms & Conditions by sending a response text message to Ridly with the word “confirmed” once they receive a Booking Confirmation. For the avoidance of doubt, where the Customer does not send a confirmation to Ridly with the word “confirmed”, the Customer nevertheless agrees to be bound by these Terms & Conditions upon making payment to Ridly at the completion of a Job.
Booking means any request for Services made by the Customer to us via this site, by email, or by contacting us by telephone to schedule a Rubbish collection at your Nominated Address on a Collection Date, and includes a Quotation. Once a Booking has been made, you will receive a Booking Confirmation.
Booking Confirmation means, upon making a Booking, the Customer shall receive a booking confirmation from Ridly via SMS to their nominated mobile number with an Approval request and a link to these Terms & Conditions.
Collection Date means the date and an approximate timeframe agreed between Ridly and the Customer for the Services to be completed.
Customer, You, you or your means any person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses this site or who makes a Booking.
Final Price means the final price quoted to the Customer on-site at the Nominated Address, once Ridly’s Representatives have concluded an Inspection.
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Hazardous Materials means any materials that cannot be collected or disposed of through Ridly’s Services including but not limited to paints, oils, pesticides, fuels, batteries, syringes, explosives or any kind of liquid, toxic waste, chemical waste or asbestos and fibro cement or materials or items that are too heavy or dangerous to carry and/or remove or any material deemed hazardous by Federal or State government regulations.
Inspection means attendance by Ridly’s Representative at the Nominated Address for the purposes of providing a Quotation to complete the Services.
Job means the removal of Rubbish from the Nominated Address after Inspection, and which is subject to Approval.
Nominated Address means the address where the Job will take place as provided to Ridly by the Customer.
Quotation means a preliminary estimated charge to provide the Services, which may be conveyed to the Customer prior to the mandatory Inspection at the Nominated Address. Any previous charge conveyed to a customer during a telephone call, email, through the site, or at the Nominated Address, prior to the commencement of Services, is only an approximation, which may be varied at the discretion of Ridly and its Representatives after the Inspection.
Representatives means, in respect of Ridly, the employees, officers, consultants, contractors, and agents of Ridly.
Rubbish means any goods, materials, building waste, green waste, electronic waste, rubbish or other items to be collected from the Nominated Address that the Customer agreed to have removed by Ridly, that are not considered to be Hazardous Materials.
Services means attending to and completing a Job.
Uploaded Content means any content whatsoever, which you upload to this site, including but not limited to any names, numbers, e-mail addresses, personal or business addresses, descriptions, images, reviews, feedback, comments, chats or media.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
We, us, our means Ridly Pty Ltd and its related entities or body corporates, and includes its Representatives.
2.2 In these Terms & Conditions, the following rules of interpretation apply unless the context requires otherwise:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms & Conditions;
(b) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(c) a reference to a document (including these Terms & Conditions) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;
(d) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators;
(e) a reference to writing includes any communication sent by post, facsimile or email;
(f) a reference to time refers to time in Sydney, New South Wales and time is of the essence;
(g) all monetary amounts are in Australian currency;
(h) the word “month” means calendar month and the word “year” means 12 calendar months;
(i) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions;
(j) a reference to a “party” is a reference to a party to these Terms & Conditions, and a reference to a “third party” is a reference to a person that is not a party to these Terms & Conditions;
(k) a reference to any thing is a reference to the whole and each part of it;
(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually;
(m) words in the singular include the plural and vice versa; and
(n) a reference to one gender includes a reference to the other genders.
3. Preconditions to use
3.1 Access to and use of this site is subject to you being at least 18 years old and having the legal capacity to enter into binding contracts. Accordingly, should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. By using the site or making a Booking, you warrant the above to us. If the above conditions are not satisfied, please cease using this site immediately.
4. Uploaded Content
4.1 Where this site allows you to upload any Uploaded Content, you:
(a) represent and warrant to us that you have all right, title, interest and authority in the Uploaded Content;
(b) represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms & Condition;
(c) represent and warrant to us that the use or exploitation of Uploaded Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
(d) agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via this site.
(e) It is your responsibility to back up any of Uploaded Content to your own systems. We do not guarantee that this site will always be available at all times.
(f) You agree that we can store Uploaded Content on our servers.
(g) To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to Uploaded Content being stored on our servers.
5. Your conduct
5.1 In using this site, making a Booking or engaging us to provide the Services, you must:
(a) always act courteously and politely with us;
(b) strictly comply with any policy displayed on this site and agree to be bound by these Terms and Conditions;
(c) obey all laws whatsoever (including international law), and any company policy or code of conduct or related contract which may apply in respect of your use of this site;
(d) not take any action that is likely to impose upon this site (or our servers, or the servers of our or third-party suppliers) a disproportionately large load;
(e) not interfere with the proper working of this site or any activities conducted via this site, including by using any automated or manual software or process to "crawl", "spider"; or engage in similar conduct in relation to this site;
(f) except to the extent the Copyright Act 1968 allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of this site;
(g) not to do anything or add any Uploaded Content or any Uploaded Content belonging to us:
- that may result in you, us or any other user of this site breaching any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
- that would bring us or the site into disrepute;
- that infringes the rights of any person;
- that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate; or
- that contains or constitutes unsolicited or unauthorised advertising (including junk mail or spam).
6. Violations of these Terms & Conditions
6.1 Without limiting any other remedies available to Ridly at law or in equity, Ridly reserves the right to, without notice:
(a) temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
- you breach any provision of these Terms & Conditions;
- Ridly is unable to verify or authenticate any information that you provide to us; or
- Ridly believes that your actions may cause damage and/or legal liability to Ridly, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that Ridly, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms & Conditions.
7. Quotation, Inspection, Final Price and Booking
7.1 As all jobs are different, we require an Inspection before we provide a Quotation. No Services will be conducted until an Inspection has taken place.
7.2 We will not charge you for an Inspection regardless of whether you proceed with the Job or not, however, we will only provide the Services once we obtain Approval, or unless we otherwise agree to proceed with the Job, in which case, by doing so, and by making payment to Ridly, you agree to be bound by these Terms and Conditions.
7.3 Should you require a preliminary Quotation before we have conducted an Inspection, you agree that the Final Price given at the Inspection may differ from, or even exceed the Quotation, and by providing Approval, you agree to pay us the Final Price and acknowledge and accept these Terms and Conditions.
7.4 We reserve the right to refuse a Job if Approval is not provided.
7.5 Once a Booking has been made, you will receive a Booking Confirmation, and will be required to provide Approval, failing which, any payment to Ridly upon completion of a Job will constitute your acceptance of these Terms and Conditions.
7.6 If Hazardous Materials are later discovered in any Rubbish collected by our Representatives, which subsequently results in any fines, penalties or other legal measures being taken against Ridly, such fines or penalties shall be passed on to the Customer, and the Customer agrees to be solely responsible for all costs associated thereto, and shall indemnify and hold Ridly harmless against any loss or damage we may suffer as a consequence of the Customer’s actions.
8. Collection Date and Alternate Dates
8.1 On the Collection Date, the Customer agrees to provide Ridly’s Representatives unrestricted access to enable them to complete the Services in a safe and workmanlike manner. In the event that access is restricted, or any Rubbish is difficult to access or are considered to be Hazardous Materials, or if our Representatives, for whatever reason, determine they are no longer in a position to complete the Job, we may in our absolute discretion elect to:
(a) decline the Job at the time of Inspection;
(b) cease working on the Job and return all Rubbish to the Nominated Address;
(c) remove from the Nominated Address, Rubbish that has already been loaded onto our trucks and charge the Customer a price proportional to the amount of Rubbish removed; or
(d) apply an additional charge to remove the Rubbish, which shall be added to the Final Price.
8.2 The estimated time of arrival stated by us to you is not to be taken as a guaranteed time but an estimate. We will however endeavour to arrive within the window provided.
8.3 While we will make every effort to provide the Services on the Collection Date, delays may occur due to circumstances beyond our control. In the event of such delays, we will notify you as soon as reasonably possible to arrange a new Collection Date if necessary.
8.4 Although our site may offer “same day jobs”, or “services all over Sydney” we reserve the right to refuse same day jobs or jobs that may place geographical restraints on our Representatives, for any reason or no reason, however, we will endeavour to offer you an alternate Collection Date if the Job cannot be completed on the same day.
9. Customer Acknowledgements
9.1 In addition to the obligations set out in these Terms & Conditions, the Customer further acknowledges and agrees:
(a) to inform us of any special circumstances that may be relevant to the Quotation and Final Price. This includes but is not limited to size of items to be removed, the relevant materials involved, and accessibility of the items;
(b) that no Hazardous Materials will be contained in the Rubbish to be removed;
(c) to take all necessary safety precautions before any Services are provided, including matting the floor and/or lift areas, removing hanging pictures, valuable items and other items from any walls and/or passageways, and removing lights and/or any obstructions from the Nominated Address prior to commencement of the Services;
(d) that once the Rubbish is collected by our Representatives, the Customer shall no longer have any right or entitlement to that Rubbish, and waives any rights of ownership in the Rubbish. In these circumstances, if it later appears to the Customer that certain goods or items were accidentally placed in the Rubbish, the Customer shall no longer be entitled to those goods or items. We may however, in our absolute discretion, and at the Customer’s sole expense, attempt to return any such good or items (where it is possible to do so), but we shall not be held liable for any loss or damage to such goods or items once they have been removed from the Nominated Address; and
(e) Unless damage or disorder results from negligence on the part of Ridly or its Representatives, Ridly will not be liable to the Customer or third parties if any goods, items or materials sustain any damage while providing the Services. You are encouraged to inspect the Nominated Address prior to the completion of a Job and inform our Representatives if any damage is noticed. If any damage is noticed once our Representatives have left the Nominated Address, such damage is to be reported to us in writing, within twenty-four (24) hours of completion of the Job by email to email@example.com. If such damage has not been reported to us within the twenty-four (24) hour window, you hereby waive any claim against us for any damage reported. In any event, such loss or damage shall be limited in accordance with clause 13.
10.1 Rubbish that has been loaded onto our trucks after Approval must be paid by the Customer once the Job is completed.
10.2 In the event that the Customer no longer requires certain items to be removed from the Nominated Address, the Customer agrees to pay a proportionate fee determined by our Representatives for the items already loaded onto our trucks.
10.3 We accept payment via:
(a) all major credit and debit cards, but we reserve the right to charge any credit card surcharge where necessary, provided we inform you of any surcharge before you elect to pay for our Services using a credit card; or
(b) where you do not wish to pay via credit or debit cards, we accept bank transfers and can provide an invoice to be arranged on the Collection Date with confirmation to be sent to us via email to the following email address firstname.lastname@example.org.
10.4 All payments are subject to GST.
10.5 We do not accept cash payments; however, Ridly and its Representatives have complete discretion to accept or refuse cash payments if the Customer has no other payment method available.
10.6 We may charge handling or administration fees for any time spent by our Representatives, and also including reimbursements for any fees charged by other financial institutions, in instances where we have to attend to your errors or mistakes, or any instances where there are insufficient funds or details are entered incorrectly.
10.7 Invoices can be issued upon request to companies with a valid ABN and to individuals that require an invoice, provided all invoices are paid within 10 days of the date of invoice (inclusive of weekends and public holidays) (Due Date).
Late Fees and additional costs
10.8 All invoices or requests for payments that have not been paid by the Due Date will be subject to a late fee of $50.00. Thereafter, if an invoice remains unpaid for a further period of 10 days, an additional late fee of $50 will be charged, and this shall continue until the invoice is paid in full together with any additional late fees. If the invoice remains outstanding for more than 30 days, we reserve the right to provide details of the Customer’s account to third-party agencies for debt recovery action. The Customer hereby agrees to cover all costs associated with recovery of the debt outstanding to Ridly.
11. Intellectual Property Rights
11.1 Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in this site (including all intellectual property comprised in the site content), and nothing in these Terms & Conditions constitutes a transfer of any intellectual property rights in or related to this site or in content on this site.
11.2 You acknowledge and agree that this site and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via this site.
11.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from this site content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
11.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 11 and that equitable or injunctive relief may be necessary.
12. Third party sites
12.1 This site may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by Terms & Conditions and privacy policies independent of us.
12.2 You acknowledge and agree that when you access a third-party website available via a link contained on this site:
(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on this Site.
13. Limitation of liability
13.1 To the maximum extent permitted by law, we exclude all Warranties whatsoever unless expressly stated, including but not limited to in relation to any other user of this site or any Services offered by us.
13.2 You acknowledge that when you use this site in any way to make a Booking, telephone, or send a request you do so entirely at your own risk and relying on your own enquiries and judgement.
13.3 In the event that your computer system is hacked, we shall in no way be liable for any theft or loss incurred and will not refund any unauthorised transactions which occurred on this site (if applicable).
13.3 To the extent that any law restricts our right to exclude Warranties under these Terms & Conditions, these Terms & Conditions must be read subject to those provisions and nothing in these Terms & Conditions is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms & Conditions, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:
(a) in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; and
- in the case of services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
13.4 Our liability arising in connection with these Terms & Conditions or this site is limited as follows:
(a) we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;
(b) our total maximum liability arising in connection with these Terms & Conditions is capped to the total amount of fees to be paid on a Job that you have booked with us relevant to the particular matter;
(c) our liability is excluded to the extent that you contributed to the liability;
(d) we exclude all liability for anything you have been aware of for longer than 6 months and you have not commenced a claim; and
(e) our liability is subject to your duty to mitigate your loss.
13.5 We provide this site on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to this site, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have a disruption or other difficulties in using this site.
13.6 In the event that we terminate this site or your access to this site pursuant to these Terms & Conditions, you release us from all liability, loss or claims suffered by you as result of or arising out of such termination.
13.7 All subclauses of this clause 13 are cumulative to one another.
14. Copyright claims
14.1 If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
14.2 In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
15. Release and Indemnity
15.1 To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non- statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
15.2 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
15.3 In this clause:
(a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
(b) Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
(c) Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
(d) Relevant Matter means anything in connection with:
- The provision of Services;
- any damage to person, property, goods, items, Rubbish, personal injury or death, including at the Nominated Address;
- your breach of these Terms & Conditions;
- any matter for which we have purported to disclaim or exclude liability for under these Terms & Conditions;
- your use, misuse, or abuse of this site; and
- your breach or failure to observe any applicable law.
16.1 You acknowledge and agree that:
(a) we may terminate these Terms & Conditions or any Booking immediately by notice to you in writing if you are deemed to breach these Terms & Conditions or associated policies in any way, in our sole discretion; and
(b) termination of these Terms & Conditions, a Booking or your access to this site does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
17.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms & Conditions.
17.2 If a provision of these Terms & Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
17.3 These Terms & Conditions are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
17.4 Any waiver of any term on these Terms & Conditions by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
17.5 The contents of these Terms & Conditions constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
17.6 Force majeure: To the maximum extent permitted by law, and without limiting any other provision of these Terms & Conditions, Ridly excludes liability for any delay in performing any of its obligations under these Terms & Conditions where such delay is caused by circumstances beyond the reasonable control of Ridly, and Ridly shall be entitled to a reasonable extension of time for the performance of such obligations.
17.7 Interruptions While we will always strive to ensure the site we provide isoperational, there are times when there could be unexpected temporary interruptions, including by way of example, maintenance, dealing with technical issues, testing, and the addition of updates to reflect changes to the law or regulatory requirements. Ridly, reserves the right, at any time to modify or discontinue, either temporarily or permanently, any functions and features of this site, without any liability to you.
17.8 A provision of these Terms & Conditions which can and is intended to operate after its conclusion will remain in full force and effect – including without limitation clauses 4, 11, 13, 14, 15 and all indemnities, disclaimers and releases.
17.9 We reserve the right to change these Terms & Conditions at any time without notice. Any changes to the Terms & Conditions can be viewed at www.ridly.com/terms-and-conditions.
Last updated: 01.05. 2022