Terms Green Aussie Cleaner - www.greenaussiecleaner.com
Feel free to have a look around and discover our safe, economical, non-toxic products. Green Aussie Cleaner ® does not generally advertise its product, but prefers to principally rely on “word of mouth” advertising or recommendations, which we feel are much more powerful than any advertising we could do.
If you were recommended to this site by an existing Customer, they will be able to provide you with any further information you need. If you are ready to apply to be registered as Customer, you must first acknowledge that you have read and agreed to the Customer’s terms below. You will then be provided with a Green Aussie Cleaner ® shopping cart.
Green Aussie Cleaner ® Customers terms.
This Green Aussie Cleaner ® Customers terms document (“this Document”) supersedes and replaces any and all previous agreements, terms of agreement and any other documents between Green Aussie Cleaner ®, its subsidiaries and associated entities or companies under common ownership (collectively referred to as “Green Aussie Cleaner ®” or the “supplier”) and its Customers or prospective Customers (referred to in this Document respectively as such) and together with the supplier, referred to in this Document as the “Parties”), regardless of the form of these agreements or the means (if any) by which these documents were transmitted and whether or not these documents were received, downloaded, acknowledged, agreed to, executed, signed, sent back or returned to Green Aussie Cleaner ® by any means whatsoever.
This Document sets out the terms of agreement (referred to in this Document as the “terms”) between Green Aussie Cleaner ®, and its Customers and Green Aussie Cleaner ® Customers (referred to as “Customers”), and to the supply of all products (referred to in this Document as “products”), of or by Green Aussie Cleaner ®. Customers are referred to collectively in this document as “Customers.” All applicants who have not registered in the Customer program and as a result are not registered as an Customer are referred to in this document as prospective Customers and agree to be bound by these terms as if they were registered as Customers and acknowledge that except as specifically provided in these terms, the references and provisions applying to Customers will apply equally to them as prospective Customers.
The supplier may also from time to time vary these terms, but will not do so unreasonably. No variation whatsoever may be made without one calendar month written notice to the Customer. Any variation so made will take effect on the first day of the calendar month following the end of the notification period.
Excepting where the Customer is also registered or has made application to be registered as an Customer with Green Aussie Cleaner ® or otherwise agreed by email, by an authorized officer of the supplier, the terms of the Customer’s agreement with Green Aussie Cleaner ®.
Unless otherwise stated, prices appearing in the shop and elsewhere on the website are base prices, exclusive of postage charges. Prices inclusive of delivery costs to the Customer’s delivery destination are quoted at the end of the checkout process and subject to variation as a result of changes to prevailing postage rates. All prices will be those referred to on the website at the date of purchase and are subject to change without notice.
PRODUCT ORDERS AND PAYMENT
1. Orders placed outside of normal hours, (Australian Eastern Standard Time), may not be processed until the next day.
2. Orders are considered to be confirmed, only when deposited funds have been cleared.
3. Green Aussie Cleaner ® accepts either debit or credit card for payment.
1. Green Aussie Cleaner ® uses Australia Post to deliver all products, except where the physical size and weight of the Customer’s order precludes. In this case, the supplier reserves the right to divide the order into parts for the purpose of delivery only. These so created parts are deemed to be one and the same order as if they were delivered in one package. Should this not be possible or practical, the supplier reserves the right to sub-contract an alternative delivery or courier service to make the delivery and agrees to notify the Customer accordingly.
2. Green Aussie Cleaner ® will use its best endeavours to effect timely delivery to the Customer ensuring that products are packed for postage or delivery within two (2) days of the Customer’s payment.
3. Failure to do so will not confer any right of cancellation or refusal of delivery on the Customer or render Green Aussie Cleaner ® or its Customers liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
4. The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents, failure of machinery, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or interventions imposed by any laws, regulations, governments or agencies thereof, any cause beyond the control of Green Aussie Cleaner ® or any other cause whatsoever.
5. The supplier’s obligation to deliver will be discharged on arrival of the products at the Customer's nominated delivery destination or the address appearing on the invoice. If the Customer is unable or unwilling to accept physical delivery of the products at the delivery address as specified on the original order, the supplier will be entitled to charge a fee for any additional cost or delay experienced or any additional cost to return the products to the Green Aussie Cleaner ® dispatch centre.
1. The Customer will examine the products immediately after delivery and Green Aussie Cleaner ® will not be liable for any shortage, defect or damage unless Green Aussie Cleaner ® receives details by email within fourteen (14) days of the date of delivery.
2. No claim by the Customer for failure to supply products conforming to the Customer’s order will be recognized by Green Aussie Cleaner ® unless made by email within fourteen (14) days after delivery of the products to the Customer.
PROPERTY AND RISK
1. Where products are returned to a Customer by a third party, it is the Customer’s responsibility to return the products to the supplier and to make any warranty claim on their behalf. Warranty claims of this nature will be treated as if they were a claim by the Customer themselves.
2. The Customer agrees that it has not relied on any inducement, representation or statement made by or on behalf of the supplier in purchasing the products and that there are no implied conditions or warranties and no collateral contracts in connection herewith (except such as may be by email and signed by an authorized representative of Green Aussie Cleaner ®) and that this agreement sets out the entire liability of Green Aussie Cleaner ® in respect of its liabilities to the Customer for a breach of a condition or warranty with respect to the sale of products.
3. In no circumstances will Green Aussie Cleaner ® incur any liability in respect of or arising out of or in connection with any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the Customer.
Green Aussie Cleaner ® offers an unconditional warranty on all of its products. If, after using the product in accordance with the instructions supplied with the product, the Customer is not happy with the results, or feels that they have a negative health reaction to a product, then the supplier agrees to refund the original purchase cost of the particular product, (including postage to the Customer’s nominated delivery address), upon return of the product to us.
The Customer must notify the supplier by email within fourteen (14) days of receipt of any product, should they intend to return it. This notification should also include the order date and your account name, BSB and account number. Once the product is received, Green Aussie Cleaner ® will refund the original purchase price (inclusive of postage) into the Customer’s account from which the order was made.
1. Other than in respect of the supplier’s obligations pursuant to these terms, the supplier will not be liable to accept any returned products but may in its absolute discretion accept the return of products provided that such products will only be accepted for credit or refund under the WARRANTY provisions in this Document.
2. Return postage or freight must be registered or tracked by the Customer or their Customer. Any expenses incurred in the return of the product are to be borne by the Customer and no returns of damaged products will be accepted, excepting where the damage is the reason for the return.
3. Products must otherwise be received intact and returned to the supplier in the same order and condition in which they were delivered. The supplier will at its sole option reimburse the Customer by crediting their account with an amount equal to the original purchase price including delivery to their nominated delivery address.
4. The Customer indemnifies the supplier in respect of any claim by a third party user on the warranty for the supply of products by the Customer to a third party. Green Aussie Cleaner ® liability is limited to its liability to credit to the Customer an amount equal to the cost of replacing the product.
Green Aussie Cleaner ® has a strict anti-spamming policy and any breaches of this policy may result in the termination of any agreement with Green Aussie Cleaner ® as supplier.
Spam is bulk email or unsolicited email, often referred to as junk mail or junk email, which is not expected or requested by the recipient. It is intrusive and many times irrelevant or offensive to the recipient and wastes people’s time. Spam messages are emails sent without the prior knowledge or permission of the recipient and are often impersonal and possibly associated with a former or pre-existing or personal relationship. Inappropriate activities, such as bulk posting or emailing of the same information to several different recipients, recipient groups or newsgroups are also considered by Green Aussie Cleaner ® to be spam.
If a Customer wishes to contact a number of people in order to promote or share the benefits of their Green Aussie Cleaner ® and the product range available through their PSW, it must be done with the prior knowledge and permission of each of the recipients. The prospective customers must first be approached personally, by phone or in person, or where there is a current, good relationship, by email and permission must be gained prior to sending information about the Green Aussie Cleaner ® website or marketing system. Once permission is gained, the Customer may send further specific information in the form a PDF brochure to peruse their PSW.
The use of mailing lists or bulk email is a very powerful marketing tool; however, those who abuse this privilege not only put their own integrity into question, but that of other Customers and undermine the aims of the supplier by putting its ethics, its operation and its marketing system at risk.
These practices therefore will not be tolerated and any Customer who disregards this policy risks not only having their agreement terminated, but may in addition be heavily fined. National laws against offenders are in place. For this reason, the websites and operations comply with the Can Spam Act 2003 and responsible users benefit by compliance with these laws, which prohibits (among other things):
1. Using false email header information or the use of open relay to deceive recipients about the origin of an email.
2. Using commercial email without an “unsubscribe process” with a limit of 10 days to process any requests for removal.
3. Using automated methods of signing up for free Web Based email accounts.
4. Registering for “5 or more” email accounts with “2 or more” domain names and using them to send commercial email.
This is a brief summary of the more obvious areas covered in these laws. Green Aussie Cleaner ® will seek to investigate any and all reports of Spamming of or by Customers, in order to protect the vast majority who are prepared to operate their PSW in an ethical manner.
1. The Customer warrants that they will not disclose to any person confidential information in relation to Green Aussie Cleaner ® that the Customer may be shown or comes into contact with in the course of using the websites, purchasing products and services or from any other source whatsoever including but not limited to the suppliers materials, procedures, tests, reports and equipment, without the written consent of an authorized representative of the supplier.
2. The Customer acknowledges that all information and material supplied by Green Aussie Cleaner ® other than material intended for public dissemination is “commercial in confidence” and agrees to maintain the privacy of all information, including these terms and the terms of any other agreements with third parties for the purpose of marketing products distributed by Green Aussie Cleaner ® for the duration of this agreement for a period of 30 years thereafter.
3. The Customer agrees not to copy, reproduce, reverse engineer, analyse, or commission any other person to reproduce, reverse engineer or analyse Green Aussie Cleaner ® or The Greener Plant or any similar or derivative or organic Fulvic products sold under the Green Aussie Cleaner ® trademarked brand names, whether by Green Aussie Cleaner ®, its Customers, or by any other party whatsoever during their natural lives.
4. The Customer acknowledges further that all artwork, software, intellectual property and any other information whatsoever, whether in electronic form or otherwise, issued by Green Aussie Cleaner ® under this agreement to the Customer, will remain the property of Green Aussie Cleaner ®.
5. Violation or Breech of any part of these terms by the Customer will entitle Green Aussie Cleaner ® to an injunction to prevent such competition or disclosure and or exposure anywhere of any and all of Green Aussie Cleaner ® intellectual property and will further entitle Green Aussie Cleaner ® to any and all other remedies available at law to protect its property and rights as supplier, including the rights of its Customers, including any and all legal fees and costs incurred in so doing.
The Customer agrees that these terms will be construed according to the laws of the State or Territory in which Green Aussie Cleaner ® operates its business. Proceedings may be instituted in such State or Territory as Green Aussie Cleaner ® may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of Queensland and applying the laws of the State of Queensland.
LIMITATION OF LIABILITY
These terms do not exclude, restrict or modify the application of the provisions of any Commonwealth, State or Territorial law which by law cannot be excluded, restricted or modified.
DOCUMENTS AND NOTICES
1. Notices in relation to any changes in these terms will be emailed not less than one calendar month before they are due to take place.
2. The Customer agrees that service of any notice or document may be effected to the Customer by forwarding same by pre-paid post or facsimile or email to the last known address of the Customer.
3. The supplier acknowledges that service of any notice or document may be completed via the email address of supplier.
I/we, the applicant(s), have read these terms, including this acknowledgement and hereby confirm that I/we understand and agree to them and acknowledge this as indicated by click the circle. By doing so, I/we covenant with Green Aussie Cleaner ® to be bound by the above terms and Green Aussie Cleaner ®, by accepting my application under these terms, covenants to be bound by these terms as set out in this Document and acknowledges this application by the act of providing the applicant with a Green Aussie Cleaner ® shopping cart and providing through it access to the websites.
I/we acknowledge and honour the spirit of this agreement with the supplier, Green Aussie Cleaner ® and will commit to represent their name well, preserve their reputation and honour their aims and objectives and those of the other Customers of Green Aussie Cleaner ® thereby assisting in the preservation of the environment and the global community.
I/we hereby confirm my/our agreement to these terms.