WEBSITE TERMS AND CONDITIONS OF SALE

These are the Terms and Conditions of Checkmate Pest Control Pty Ltd trading as Checkmate Pest Control (ABN 55 620 826 511) (“Checkmate Pest Control”, “we”, “us, our”) on our website located at www.checkmatepestcontrol.au, which is owned and operated by us (Checkmate Pest Control). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. Proceeding with this purchase/order on our website, you’re stating to us that you’ve read, understood and agree to these conditions and terms in full. If you have any questions or concerns about our terms and conditions or Website, or any purchase you make through our Website, please don’t hesitate to get in touch with us.

1. ECOMMERCE

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

2. PAYMENT

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website. All fees and charges identified in these terms and conditions and all prices for the product include gst where applicable.

You the purchaser acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) this is a condition of this order/agreement, any breach of which will entitle us to terminate this order/agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately halt delivery of any goods unpaid for unless and until we receive your payment in full.

If you the purchaser fail to pay us for a product/service order, or if an insolvency event (for example, if you become insolvent or commit an act of bankruptcy) occurs in relation to you the purchaser, we may suspend delivery of an order or service, require payment in a particular form or terminate this agreement.

The product purchase price is shown on the products list on the site at the time you place your order. The product purchase price on our site may not be the same or compare to the prices of any other online stores or retailers for the same product and we are not obliged to price match the products.

We currently accept payments via Payment Gateway – Square including

   a) Visa, Mastercard
   b) Afterpay
   c) Direct Deposit

In making a payment, you warrant to us that you have read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

3. PLACING AN ORDER FOR PRODUCTS

You may order product by selecting and submitting your order through the site in accordance with these terms and conditions. Any order placed through our site for a product is an offer by you to purchase the product for the price notified (including the delivery and other charges and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site. You agree to provide us with current, complete, and accurate details when asked to do so by the site.

BACK ORDERS If we determine that we do not have a particular product in your order in stock, then we will use reasonable measures for 30 days to order the relevant product. In this instance, we will notify you of the relevant back Ordered products and the anticipated delivery date.

PRODUCTS Checkmate Pest Control have made every effort to display as accurately as possible the colours and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of colours will be accurate we also reserve the right, but are not obligated, to limit the sales of our products/services to any person, geographic region or jurisdiction, we may also exercise this right on a case-by-case basis.

We reserve the right from time to time to limit quantities of any products or services that we offer and any descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Checkmate Pest Control. We reserve the right to discontinue any product at any time and offer for any product or service made on this site is void where prohibited.
We do not warrant any products quality, services, information, or other materials purchased or obtained by you the purchaser will meet your expectations, or that any errors in the Service will.

4. THIRD PARTIES

Some available products, content, materials, services via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. Checkmate Pest Control are not responsible for evaluating, examining the accuracy of any third parties content and we do not warrant and will not have any liability, responsibility for any third-party website or materials, product/services or for any other materials of third-parties.
Checkmate Pest Control are not liable for any harm, damages related to the purchase or use of goods/services, resources, content, or any other transactions made in connection with website from any third-party. Please kindly review carefully any practices, policies of the third-party and make sure you understand them before you engage in any transaction. Complaints, concerns or claims, or any questions regarding third-party products should be directed to the third-party only.

5. DISCOUNTS AND COUPON CODES

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was firstly made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

6. STORE CREDIT

We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.

Store credit is redeemable for products sold by us on our website only and can’t be applied to postage on an order.

Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.

Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

7. POSTAGE AND DELIVERY

We post products to within Australia Only. We use delivery service providers to help us get our products to you.

a) RATES

You agree to pay to us postage & handling fees as total order value excludes freight and handling charge of $12.95.
Our delivery service providers and handling fees may change from time to time, and so you acknowledge and agree that we can vary the postage and handling fees applicable to orders at any time on notice, and that such notice will be given by posting the updated postage and handling fees on the Website.

Free shipping for may apply to orders over $199 at specific times during sales etc, this is not a permanent offer, and the value will only apply to purchases at website advertised prices.

b) DISPATCH TIMEFRAMES

We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.
We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.

You acknowledge that we’re not liable for any delay in dispatch of your order.

c) DELIVERY TIMEFRAMES

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 2- 7 business days, however we cannot guarantee this time frame.

d) DELIVERY ADDRESS

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement. We will only deliver products ordered through the site to a location where we provide delivery services

You acknowledge and agree that any person at the delivery address who receives the product is authorised by you to receive your order, If there is no one or no appropriate person at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then Australia Post / Courier may not deliver the product you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.

e) DANGEROUS GOODS PRODUCTS

Such as chemicals, poisons, aerosols and liquids cannot be sent to PO Boxes (no exceptions) and only via road postage. If you place an order including these items with a PO Box listed for delivery, we will email you to supply an alternate address. If no address is available, we will have to cancel the order and refund any payments made.

f) ORDERS LOST IN TRANSIT

If you’re concerned that your order has been misdelivered or lost, we kindly ask that you contact us as soon as possible, so that we can investigate. You the purchaser, understand that while we investigate your missing product/order, we make no representations to the responsibility or liability for any lost or misdelivered order/product. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

g) RISK

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

8. EVENTS BEYOND CONTROL

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

9. ADVICE AND INFORMATION

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

10. AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you the Australian consumer for the purposes of the ACL, you the purchaser are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable damages or loss. You the purchaser of this product/s is entitled to have the goods/product/s replaced or repaired if the goods/product/s fail to be of acceptable quality and this does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

• replacement of the product.
• repair of the product.
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.

Checkmate Pest Control won’t be liable for any consequential damages or loss or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL act.

If for any reason the ACL act doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill the required product order, if we think it’s reasonable to do so, or otherwise as agreed in writing.

To make an ACL-related claim, please contact us at shop@checkmatepestcontrol.com.au or 1300 748 668.

11. REFUND/DAMAGES PROCEDURE

Our Returns Procedure is incorporated into these terms and conditions.

a) You must provide us with the invoice we issued to you for your order to make a claim under this policy. If you fail to do so, then we may not provide you with a refund.

b) Any returned items must be in their original re-saleable condition in their original packaging. This includes any boxes, product manuals, spare parts etc . If you fail to do so, then we may not provide you with a refund.

c) If your goods are damaged or defective in any way on delivery, please contact us at shop@checkmatepestcontrol.com.au as soon as possible to arrange a suitable remedy, such as return, exchange or refund. If you notice damage or if it has been incorrectly shipped after delivery of a product, you should notify us as soon as possible. If so, you may return the product to us within 14 days of receipt, in accordance with this policy. If your purchase is damaged in transit we will send you a replacement free of postage charge. You will need to return the damaged product (or pieces which demonstrate reasonable evidence of breakage) to us via parcel postage for assessment at your own cost.

d) If you return a product because it was defective and on arrival, we find that the product is a fully working condition or any defects or damage were caused by you after you took receipt of the product, it will be returned to you. A processing fee with be applied and invoiced to you and any freight costs associated with this return. These invoiced amounts will be payable within 14 days of receipt of invoice.

e) We do not refund for change of mind purchases, If you wish to return a product that is not damaged and that was provided to you under our terms and conditions, please contact us on 1300 748 668 or shop@checkmatepestcontrol.com.au however will not refund the Delivery Postage Fee or Return Postage Fee where the products have been delivered to you as per your order.

f) If a refund is approved for the product the method will be in the same format as payment was made.

12. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

13. DISPUTE RESOLUTION

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Queensland (unless we agree to an alternative venue in writing) and split the costs of that equally. If the order dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Tribunal or Court or until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

14. VARIATION

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

15. SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

16. TERMINATION

Checkmate Pest Control may terminate this agreement at any time on notice to you the purchaser. All disclaimers and limitations of liability will survive termination. On such notice given, we’ll refund any paid amounts by you in respect of goods undelivered.

17. MATERIALS SAFETY DATA SHEETS / PRODUCT LABELS

Materials safety data sheets (msds) / product labels are supplied as a label reference guide for the products sold by Checkmate Pest Control.
Materials safety data sheets (msds) / product labels are linked on each product page as a *pdf downloadable attachment. please download and print these upon purchase.
Labels are always subject to revision, always please carefully read and follow the label directions on the container.

18. CHANGES TO OUR TERMS AND CONDITIONS

For future orders, these terms may be different and so we recommend that you read our terms carefully each time you agree to them during the ordering process. we will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.

19. DEFINITIONS

Contact Hours means 9am to 5pm Monday to Friday (Brisbane Time).

Delivery Address means the address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

Product means either good or service that is advertised on the site.

20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Checkmate Pest Control do not guarantee, warrant or represent that your use of our services or products will be uninterrupted, timely, error-free or secure and Checkmate Pest Control do not warrant that the obtained results from the use of the services or product will be accurate or reliable.

From time to time you agree we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you and expressly agree that your use of, or inability to use, the service is at your sole risk, the service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement and in no case shall Checkmate Pest Control our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Due to other states jurisdictions that do not allow the exclusion or liability limitations for incidental consequential or damages, in such states jurisdictions, our liability shall be limited to the maximum extent permitted by law.

21. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Checkmate Pest Control and our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

22. SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

23. JURISDICTION

As we are based in Queensland, these terms will be governed by the laws of Queensland. In the event of a dispute, we kindly ask that you contact us first, and we will do our best to resolve the dispute to our mutual satisfaction quickly, efficiently, and cheaply. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland and courts of appeal from them.

This document was last updated: 10/02/2023