Terms of service

This privacy and security statement sets out the policies of Better Earth Packaging ("the Company") regarding the protection of your personal information and other data. This statement specifically applies to the better-earth.com.au website, which adheres to all relevant government privacy principles.

The Company collects and utilizes the following information from users:

- The website retains the email addresses of individuals who use the "Contact Us" feature to send emails for the purpose of responding to their inquiries. These email addresses are securely stored and will not be used or disclosed for any other purposes without your consent.

Such information may or may not be considered personal information under the applicable privacy principles. However, by providing this information, you consent to its use for verifying ownership of submitted materials and facilitating communication between website administrators/content owners. This includes confirming website registrations and notifying relevant parties of published links on the website. This information is retained for contact purposes during the monitoring of website currency and is securely stored within the website's system.

Your personal information will not be disclosed to any third party except as permitted by the applicable privacy principles. Website administrators are required to handle and protect your personal information in accordance with these principles.

Both the better-earth.com.au website and Better Earth Packaging are committed to ensuring the privacy and security of the information collected, stored, or transmitted through the website.

Please be aware that there are inherent risks associated with transmitting information over the internet. When deciding whether or not to use this website, you should consider the potential risks to the security of your information. Alternatives are available for obtaining information from and conducting business with Better Earth Packaging for users who prefer not to use the internet.

Please note that the content of this privacy and security statement may be periodically updated. Therefore, if you visit this website regularly, we recommend carefully reviewing the provided information.

These terms and conditions constitute an agreement between Better Earth Packaging Pty Ltd and the Purchaser, governing the supply of Goods. By placing an order for any Goods, the Purchaser is deemed to have consented to be bound by these terms and conditions. These terms and conditions prevail over any other agreement, including any terms and conditions of the Purchaser (whether stated on the Purchaser’s order form or otherwise).

In these terms and conditions:
- "Better Earth Packaging" refers to Better Earth Packaging Pty Ltd.
- "Purchaser" denotes the individual or entity placing an order to purchase Goods from Better Earth Packaging.
- "Goods" represent the products supplied by Better Earth Packaging that are the subject of the order.
- "GST" refers to the Goods and Services Tax payable under the A New Tax System (Goods and Services Tax) Act 1999.
- "Insolvency Event" pertains to any event, as defined below, related to the Purchaser:
(a) In the case of a company, an appointment of an administrator, controller, receiver, provisional liquidator, or liquidator over the company as defined by section 9 of the Corporations Act 2001 (Cth), directors' resolution to wind up the company, a court order for winding up, or deregistration of the company in any relevant jurisdiction.
(b) In the case of an individual, appointment of a trustee or controlling trustee over the person's affairs as defined by the Bankruptcy Act or insolvency administration under the Corporations Act 2001 (Cth).

In these terms and conditions:
- References to the singular include the plural and vice versa.
- References to legislation include any amendments, replacements, rulings, or regulations issued in relation to that legislation.

The prices for the Goods are based on Better Earth Packaging's current price list at the time of ordering and are subject to change without prior notice.

5. GST
The prices for the Goods exclude GST. The Purchaser will be liable for GST on all purchased Goods, except for goods specifically exempt from GST.

Payment is due at the time of dispatch or as otherwise determined by Better Earth Packaging. Payment methods include cash, credit card, direct deposit, or as otherwise specified by Better Earth Packaging. Credit card payments may be subject to a surcharge at the rate notified by Better Earth Packaging.

(a) If the Purchaser defaults in payment by the due date or an Insolvency Event occurs, all amounts payable to Better Earth Packaging become immediately due and payable without notice. Better Earth Packaging reserves the right to:
(i) Charge the Purchaser for all reasonable expenses and costs (including legal costs on a full indemnity basis) incurred in recovering any outstanding sums.
(ii) Take necessary action regarding the Goods.
(iii) Temporarily or permanently cease or suspend the supply of Goods to the Purchaser.
(b) Better Earth Packaging may withdraw credit facilities or impose conditions at any time at its discretion.

(a) For the purposes of this clause, "PPSA" refers to the Personal Property Securities Act 2009 (Cth). Any term defined in the PPSA has the meaning given to it in the PPSA.
(b) The Purchaser acknowledges and agrees that:
(i) These terms and conditions constitute a security agreement for the purposes of the PPSA.
(ii) Better Earth Packaging may, at its discretion, register a financing statement for any security interest created by these terms and conditions.
(iii) A security interest is taken in all Goods previously supplied by Better Earth Packaging and all Goods supplied during the parties' relationship.
(iv) In the event of termination, the Purchaser agrees to purchase all specifically printed and sourced products.
(c) The Purchaser undertakes to:
(i) Provide all necessary documents and information to register a financing statement on the Personal Property Securities Register.
(ii) Indemnify Better Earth Packaging for all expenses incurred in registering or releasing any property charged.
(iii) Not register a financing change statement without prior written consent.
(iv) Provide written notice of any proposed changes in the Purchaser's details.
(d) The Purchaser and Better Earth Packaging agree to contract out of certain provisions of the PPSA to the extent permitted by section 115(1)(a)-(r) and waive the right to receive copies of certain statements.
(e) The Purchaser ratifies actions taken by Better Earth Packaging under this clause.
(f) Title to the Goods remains with Better Earth Packaging until full payment is received. If the Goods are resold prior to payment, the Purchaser holds the proceeds on trust for Better Earth Packaging.
(g) The Purchaser shall keep the Goods or goods derived from the Goods in a fiduciary capacity as bailee for Better Earth Packaging. The Purchaser is granted a license to dispose of the Goods in the normal course of its business.
(h) The Purchaser must store the Goods clearly identified as the property of Better Earth Packaging and provide access for stocktakes.
(i) In the event of default, Better Earth Packaging may retake possession of the Goods and sell them free from any claim.

Subject to any rights granted by the Competition and Consumer Act (Cth) or other consumer protection legislation:
(a) The Purchaser is deemed to have accepted that supplied Goods are in accordance with the order unless a written claim is made within 14 days of receipt.
(b) The Purchaser is deemed to have accepted invoice details as correct unless a written claim is made within 14 days of receipt.
(c) Returns require authorization and must be requested within specified time limits. Freight costs and repackaging fees may apply.
(d) Returned Goods must be in the same order and condition as delivered.

(a) Subject to the CCA, Better Earth Packaging's obligations in case of breach are limited to refund, credit note, repair, or replacement of Goods at its discretion.
(b) Subject to the CCA, Better Earth Packaging is not liable for indirect, incidental, or consequential loss or damage.
(c) Subject to the CCA, Better Earth Packaging is not liable for costs, claims, or damages arising from delivery, acts or omissions, or statements by employees or agents.
(d) Subject to the CCA, any warranty is limited to the minimum permitted by law.
(e) Subject to the CCA, replacement, repair, or refund of Goods is the extent of Better Earth Packaging's liability.
(f) The application of the CCA cannot be excluded, restricted, or modified.

The Purchaser indemnifies Better Earth Packaging against any loss or liability arising from breach of obligations or willful, unlawful, or negligent acts or omissions.

The Purchaser must notify Better Earth Packaging in writing of any change of ownership within seven (7) days and indemnifies against any loss or damage due to failure to notify.

The Purchaser must inform Better Earth Packaging of any claim or potential claim against it.

Better Earth Packaging is released from obligations due to causes beyond its control.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties hereby submit to the non-exclusive jurisdiction of the courts of Queensland.

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be modified to the extent necessary to make it valid, legal, and enforceable. If modification is not possible, the provision shall be severed from these terms and conditions without affecting the validity and enforceability of the remaining provisions.

These terms and conditions constitute the entire agreement between Better Earth Packaging and the Purchaser, superseding any prior agreements, understandings, or representations, whether oral or written. No modification, amendment, or waiver of any provision of these terms and conditions shall be effective unless in writing and signed by both parties.

The Purchaser may not assign, transfer, or delegate any of its rights or obligations under these terms and conditions without the prior written consent of Better Earth Packaging. Better Earth Packaging may freely assign, transfer, or delegate its rights and obligations under these terms and conditions.

No failure or delay by either party in exercising any right, power, or privilege under these terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law.

Any notice, request, demand, or other communication required or permitted to be given under these terms and conditions shall be in writing and delivered personally, sent by registered mail, or sent by email to the addresses specified by the parties. Any notice shall be deemed to have been received on the date of personal delivery, five (5) business days after the date of posting, or upon successful transmission of the email.

Any provisions of these terms and conditions that, by their nature, are intended to survive termination or expiration shall continue to be binding upon the parties, including but not limited to clauses regarding payment, title and security, limitation of liability, indemnity, and governing law.