Terms of Service

1. Definitions

In these Terms of Service, unless the context otherwise requires:

Agreement means these Terms of Service together with any quotation, invoice, booking confirmation, or other document issued by Perth Declutter Removals relating to the Services.

Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth), together with any amendments or replacement legislation.

Business Day means a day other than a Saturday, Sunday or public holiday in Western Australia.

Customer, you, or your means the individual, business, organisation, estate, property owner, authorised representative or other person engaging Perth Declutter Removals to provide the Services.

Goods means any furniture, household items, rubbish, waste, appliances, commercial items, recyclable materials, green waste, construction debris, personal belongings or any other items presented or authorised by the Customer for removal, collection, transportation or disposal.

Premises means the property, residence, business, storage facility or other location where the Services are to be carried out.

Quote means a written or verbal estimate provided by Perth Declutter Removals based on the information supplied by the Customer.

Services means any service provided by Perth Declutter Removals, including but not limited to junk removal, furniture removal, household clear outs, deceased estate clear outs, commercial clear outs, end of lease clear outs, downsizing clear outs, rubbish removal, transportation of Goods, responsible disposal, recycling, donation, rehoming and any related services agreed between the parties.

Perth Declutter Removals, we, us, or our means Perth Declutter Removals, its owner, employees, contractors, subcontractors, agents and authorised representatives.

Working Area means any area of the Premises where Perth Declutter Removals performs the Services, including driveways, garages, gardens, sheds, storage units, stairwells, hallways, lifts, pathways and internal areas reasonably required to complete the Services.

Writing or Written includes communication by email, SMS, online booking form, electronic messaging or any other written electronic communication accepted by Perth Declutter Removals.

2. Acceptance of Terms

2.1 These Terms of Service govern all Services provided by Perth Declutter Removals unless otherwise agreed in writing.

2.2 These Terms of Service become binding upon the Customer once the Customer has paid either:

(a) the required booking deposit; or

(b) the full amount for the Services,

whichever occurs first.

2.3 By making either payment, the Customer acknowledges that they have read, understood and agree to be bound by these Terms of Service.

2.4 Where the Customer engages Perth Declutter Removals on behalf of another individual, business, trust, deceased estate, property owner or organisation, the Customer warrants that they have the authority to enter into this Agreement and to authorise the Services on behalf of that person or entity.

2.5 The Customer warrants that they have the legal authority to authorise the removal, transportation, disposal, donation, recycling, rehoming or sale of all Goods presented for collection.

2.6 Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.

3. Services

3.1 Perth Declutter Removals provides professional removal, collection and clear out services throughout Western Australia. Services may include, but are not limited to:

Junk removal;

Furniture removal;

Household clear outs;

Deceased estate clear outs;

End of lease clear outs;

Downsizing clear outs;

Commercial clear outs;

Office furniture and equipment removal;

Storage unit clear outs;

Shed, garage and outdoor area clear outs;

Responsible disposal, recycling, donation and rehoming of suitable Goods; and

Any other services agreed to in writing between Perth Declutter Removals and the Customer.

3.2 The scope of the Services will be based on the Quote, booking confirmation and any subsequent written agreement between Perth Declutter Removals and the Customer.

3.3 Perth Declutter Removals reserves the right to refuse, suspend or cease providing the Services where:

(a) the Goods include prohibited, hazardous or unlawful materials;

(b) the Premises or Working Area is considered unsafe;

(d) the Customer has provided materially inaccurate or misleading information regarding the Goods or Services required;

(e) payment has not been made in accordance with these Terms; or

(f) continuing the Services would place Perth Declutter Removals, its employees or contractors at an unreasonable risk of injury, damage or loss.

3.4 Perth Declutter Removals will use reasonable care and skill in providing the Services but does not guarantee that every item can be removed where circumstances beyond its reasonable control prevent completion.

3.5 Unless expressly agreed in writing, Perth Declutter Removals does not provide:

(a) hazardous waste removal;

(b) asbestos removal;

(d) licensed plumbing, electrical or gas disconnection services;

(e) pest control, cleaning, repair or restoration services; or

(f) any other service requiring a licence or approval not held by Perth Declutter Removals.

3.6 Perth Declutter Removals may engage employees, subcontractors or other authorised representatives to perform all or part of the Services and remains responsible for the performance of those Services in accordance with these Terms.

3.7 Perth Declutter Removals may determine, at its sole discretion, the most appropriate method of carrying out the Services, including the order of work, equipment used, disposal facility, recycling facility, donation recipient or other lawful destination for the Goods.

4. Quotes and Pricing

4.1 All Quotes provided by Perth Declutter Removals are based on the information, descriptions, photographs and other details supplied by the Customer at the time the Quote is prepared.

4.2 Unless otherwise stated in writing, all Quotes are inclusive of labour, transportation, disposal fees and applicable charges relating to the agreed scope of work.

4.3 Quotes are provided on the understanding that the information supplied by the Customer is complete and accurate. If the actual Goods, quantity of Goods, access conditions or scope of work differ from the information provided, Perth Declutter Removals reserves the right to amend the Quote accordingly.

4.4 Additional charges may apply where, including but not limited to:

(a) additional Goods are added after a Quote has been accepted;

(b) the quantity, size or weight of the Goods exceeds what was disclosed;

(c) access to the Premises is more difficult than reasonably anticipated, including stairs, narrow accessways, long carrying distances, restricted vehicle access or the absence of a suitable lift;

(d) Goods require additional labour, specialised equipment or additional vehicles to safely complete the Services;

(e) prohibited or hazardous materials are discovered; or

(f) the Customer requests additional Services that were not included in the original Quote.

4.5 Where additional charges are required, Perth Declutter Removals will advise the Customer before completing the additional work. The Customer may choose to accept the revised Quote or limit the Services to the original agreed scope where reasonably practicable.

4.6 Quotes are valid for fourteen (14) calendar days from the date of issue unless otherwise stated in writing. After this period, Perth Declutter Removals may revise or withdraw the Quote.

4.7 Unless otherwise agreed in writing, all prices are quoted in Australian Dollars (AUD).

4.8 Perth Declutter Removals reserves the right to correct any genuine clerical, typographical, calculation or administrative error contained within a Quote or invoice.

4.9 A Quote does not constitute a confirmed booking. A booking is only secured once Perth Declutter Removals confirms the booking and any required booking deposit has been received.

4.10 Any estimate of the time required to complete the Services is provided as a guide only and does not form part of the Agreement.

5. Booking Deposits

5.1 Perth Declutter Removals may require a booking deposit to secure a booking. The amount of the booking deposit will be advised to the Customer at the time of booking.

5.2 A booking is not confirmed until the required booking deposit has been received and Perth Declutter Removals has confirmed the booking.

5.3 The booking deposit will be credited towards the total cost of the Services unless otherwise agreed in writing.

5.4 The booking deposit secures the Customer's allocated date and time, during which Perth Declutter Removals reserves labour, vehicles and other operational resources.

5.5 If the Customer cancels or reschedules a booking, the treatment of the booking deposit will be governed by Perth Declutter Removals' Booking and Cancellation Policy, which forms part of this Agreement.

5.6 Perth Declutter Removals reserves the right to cancel or reschedule a booking where circumstances beyond its reasonable control prevent the Services from being performed, including but not limited to severe weather, vehicle breakdown, staff illness, safety concerns or other unforeseen operational circumstances. Where Perth Declutter Removals cancels a booking, any booking deposit paid will, at the Customer's election, be:

(a) credited towards a rescheduled booking; or

(b) refunded in full.

5.7 If the Customer fails to pay any required booking deposit within the timeframe specified by Perth Declutter Removals, the proposed booking date and time may be released and made available to other customers without further notice.

5.8 Payment of a booking deposit constitutes acceptance of these Terms of Service and any applicable Booking and Cancellation Policy.

6. Payment Terms

6.1 Unless otherwise agreed in writing, the Customer must pay the balance of all amounts owing before Perth Declutter Removals commences the Services.

6.2 Any booking deposit previously paid will be deducted from the total amount payable.

6.3 Perth Declutter Removals accepts payment by electronic funds transfer (EFT), debit card, credit card, cash, or any other payment method approved by Perth Declutter Removals.

6.4 The Customer is responsible for ensuring that cleared funds are received before the commencement of the Services. Where payment is made by bank transfer, Perth Declutter Removals may require confirmation that the funds have been received before commencing work.

6.5 If the scope of the Services changes during the job, or additional Goods are added for removal, Perth Declutter Removals may issue a revised Quote. Any additional amount must be accepted by the Customer and paid before the additional Services are completed, unless otherwise agreed in writing.

6.6 Perth Declutter Removals reserves the right to suspend, refuse to commence, or cease the Services if payment has not been received in accordance with these Terms.

6.7 Any invoice issued by Perth Declutter Removals must be paid by the due date specified on the invoice unless otherwise agreed in writing.

6.8 If any amount remains unpaid after its due date, Perth Declutter Removals reserves the right to:

(a) charge reasonable costs incurred in recovering the outstanding debt;

(b) engage a debt collection agency or commence legal proceedings to recover the outstanding amount; and

6.9 The Customer is not entitled to withhold, deduct or set off any amount owing to Perth Declutter Removals unless required by law or agreed to in writing by Perth Declutter Removals.

6.10 Ownership of any Goods removed from the Premises will transfer in accordance with these Terms only after the Customer has paid all amounts owing to Perth Declutter Removals, unless Perth Declutter Removals agrees otherwise in writing.

7. Variations to the Services

7.1 A variation occurs where the Customer requests additional Services, additional Goods for removal, or any change to the agreed scope of work after a Quote has been provided or accepted.

7.2 Perth Declutter Removals is under no obligation to perform any variation requested by the Customer.

7.3 Where a variation is accepted, Perth Declutter Removals may:

(a) revise the Quote;

(b) charge additional fees for labour, transportation, disposal costs, equipment or other reasonable expenses; and

7.4 Perth Declutter Removals will advise the Customer of any additional charges arising from a variation before completing the additional Services where reasonably practicable.

7.5 The Customer may decline a proposed variation. In that event, Perth Declutter Removals will complete only the originally agreed Services, provided it is reasonably practicable to do so.

7.6 If, during the performance of the Services, Perth Declutter Removals discovers circumstances that materially differ from those disclosed by the Customer, including but not limited to additional Goods, restricted access, excessive weight, concealed waste or unsafe conditions, Perth Declutter Removals may treat those circumstances as a variation to the Services.

7.7 Perth Declutter Removals reserves the right to refuse any variation that cannot be completed safely, lawfully or within the resources available at the time of the booking.

7.8 Any agreed variation forms part of this Agreement and is subject to these Terms of Service.

8. Customer Responsibilities

8.1 The Customer warrants that they are the legal owner of, or have the lawful authority to authorise the removal, transportation, disposal, donation, recycling, rehoming or sale of, all Goods presented for collection.

8.2 The Customer must provide Perth Declutter Removals with complete and accurate information regarding:

(a) the nature and quantity of the Goods;

(b) the location of the Goods;

(c) any known access restrictions, including stairs, lifts, narrow passageways, steep driveways, restricted parking or long carrying distances;

(d) any known hazards that may affect the safe performance of the Services; and

(e) any other information that may reasonably affect the provision of the Services.

8.3 The Customer must clearly identify any Goods that are not to be removed before the commencement of the Services. Perth Declutter Removals is entitled to rely on the Customer's instructions and will not be liable for the removal of any Goods that were identified, or reasonably believed to have been identified, for collection.

8.4 The Customer is responsible for removing or securing all cash, jewellery, important documents, passports, identification documents, firearms, medications, photographs, family heirlooms, digital storage devices, sentimental items and any other valuable or irreplaceable property before the Services commence.

8.5 Perth Declutter Removals accepts no responsibility for valuable or sentimental items that are included within Goods authorised for removal by the Customer.

8.6 The Customer must ensure that Perth Declutter Removals has safe, unobstructed and lawful access to the Premises for the duration of the Services.

8.7 The Customer must ensure that children, pets and other occupants remain clear of the Working Area while the Services are being performed.

8.8 Where the Customer is not present during the Services, the Customer must provide clear written instructions identifying the Goods authorised for removal. Perth Declutter Removals may rely on those instructions and is not responsible for the removal of Goods that were identified, or reasonably believed to have been identified, for collection.

8.9 The Customer must not require Perth Declutter Removals to remove, transport or dispose of any Goods where doing so would be unlawful or would expose Perth Declutter Removals to an unreasonable health or safety risk.

8.10 The Customer must promptly notify Perth Declutter Removals if any information previously provided changes before the scheduled commencement of the Services.

8.11 The Customer agrees to cooperate with all reasonable directions given by Perth Declutter Removals where those directions relate to the safe and efficient performance of the Services.

9. Access and Safety

9.1 The Customer must ensure that Perth Declutter Removals has safe, reasonable and unobstructed access to the Premises for the duration of the Services.

9.2 Perth Declutter Removals may refuse to commence, suspend or cease the Services if, in its reasonable opinion, the Premises or Working Area is unsafe or unsuitable. This includes, but is not limited to:

(a) unsafe structures or flooring;

(b) aggressive or uncontrolled persons;

(d) hazardous materials or substances;

(e) unsafe weather conditions;

(f) inadequate access for the safe removal of Goods;

(g) any circumstance that presents an unacceptable risk to the health or safety of Perth Declutter Removals, its employees, contractors or members of the public.

9.3 The Customer must ensure that any required approvals, permissions or access arrangements have been obtained before the scheduled commencement of the Services, including where access to strata properties, apartment buildings, storage facilities, commercial premises or gated communities is required.

9.4 If Perth Declutter Removals is unable to commence or complete the Services due to circumstances within the Customer's control, Perth Declutter Removals reserves the right to:

(a) charge reasonable waiting time;

(b) charge a call-out fee or attendance fee where applicable;

(d) treat the booking as a cancellation in accordance with the Booking and Cancellation Policy.

9.5 Perth Declutter Removals may determine the safest and most appropriate method of performing the Services and reserves the right to refuse any request or instruction that, in its reasonable opinion, would create an unnecessary risk of injury, damage or loss.

9.6 The Customer must immediately inform Perth Declutter Removals of any known hazards at the Premises, including asbestos, biohazards, sharps, chemical substances, structural defects, infestations or any other condition that may affect the safe performance of the Services.

9.7 Perth Declutter Removals will not be required to enter any area where entry would be unlawful or would expose its employees or contractors to an unreasonable health or safety risk.

9.8 Where Perth Declutter Removals reasonably believes that continuing the Services would be unsafe, unlawful or impractical, it may immediately suspend or terminate the Services without liability, except where required by the Australian Consumer Law.

10. Ownership and Authority to Dispose of Goods

10.1 The Customer warrants that they are the legal owner of, or have the lawful authority to authorise the removal, transportation, disposal and transfer of ownership of, all Goods presented for collection by Perth Declutter Removals.

10.2 The Customer acknowledges that Perth Declutter Removals relies upon this warranty when agreeing to provide the Services and accepts no responsibility for disputes relating to the ownership of the Goods.

10.3 Subject to the Customer having lawful authority to dispose of the Goods, ownership of all Goods collected by Perth Declutter Removals transfers to Perth Declutter Removals immediately upon collection, unless otherwise agreed in writing before collection.

10.4 Upon the transfer of ownership, Perth Declutter Removals may, at its sole discretion and without further notice to the Customer:

(a) dispose of the Goods;

(b) recycle the Goods;

(d) refurbish, dismantle or salvage the Goods;

(e) retain the Goods for business purposes; or

(f) sell the Goods and retain any proceeds arising from their sale.

10.5 The Customer acknowledges that they have no right, title or interest in the Goods after ownership has transferred to Perth Declutter Removals and are not entitled to any payment, compensation or share of any proceeds arising from the donation, recycling, reuse or sale of the Goods.

10.6 Once Goods have been collected by Perth Declutter Removals, the Customer is not entitled to request their return unless Perth Declutter Removals agrees to do so in writing. If Perth Declutter Removals agrees to return any Goods, the Customer may be required to pay any reasonable costs associated with locating, transporting and returning those Goods.

10.7 The Customer agrees to indemnify Perth Declutter Removals against any loss, damage, liability, claim, cost or expense arising from any breach of the warranties contained in this section, including any claim by a third party alleging ownership of the Goods or a lack of authority to authorise their removal.

11. Prohibited and Hazardous Goods

11.1 Unless expressly agreed in writing, Perth Declutter Removals does not collect, transport or dispose of prohibited, hazardous or regulated Goods.

11.2 Prohibited or hazardous Goods include, but are not limited to:

(a) asbestos or asbestos-containing materials;

(b) explosives, ammunition or fireworks;

(d) hazardous chemicals, solvents, pesticides, fuels or oils;

(e) gas cylinders, LPG bottles or pressurised containers;

(f) medical waste, clinical waste or biohazardous materials;

(g) radioactive materials;

(h) illegal drugs or unlawful substances;

(i) contaminated waste; and

(j) any other Goods that Perth Declutter Removals reasonably considers unsafe, unlawful or unsuitable for collection.

11.3 The Customer warrants that, to the best of their knowledge, the Goods presented for collection do not include any prohibited or hazardous Goods unless those Goods have been disclosed to and expressly accepted by Perth Declutter Removals in writing.

11.4 If prohibited or hazardous Goods are discovered before or during the Services, Perth Declutter Removals may, at its sole discretion:

(a) refuse to remove those Goods;

(b) suspend or cease the Services until the Goods have been removed or made safe by the Customer;

(d) terminate the Services where it is unsafe or unlawful to continue.

11.5 Perth Declutter Removals is not liable for any delay, additional cost or inability to complete the Services resulting from the presence of prohibited or hazardous Goods.

11.6 The Customer is responsible for any reasonable costs, losses or expenses incurred by Perth Declutter Removals as a result of the Customer failing to disclose prohibited or hazardous Goods, to the extent permitted by law.

11.7 Nothing in this section requires Perth Declutter Removals to collect, transport or dispose of any Goods where doing so would be unlawful or would expose Perth Declutter Removals, its employees or contractors to an unreasonable health or safety risk.

12. Damage to Property

12.1 Perth Declutter Removals will exercise reasonable care and skill in performing the Services and in handling the Customer's Goods.

12.2 The Customer acknowledges that the removal of large, heavy or bulky Goods may involve inherent risks and that minor scuffs, marks or incidental damage may occur despite the exercise of reasonable care, particularly where access is restricted or confined.

12.3 Perth Declutter Removals is not liable for damage to the Premises or Goods arising from:

(a) pre-existing damage, defects or structural weaknesses;

(b) unsafe or inadequate access to the Premises;

(d) the movement or removal of Goods in accordance with the Customer's instructions where the Customer has been advised of the associated risks;

(e) concealed hazards, including hidden pipes, wiring, structural defects or similar conditions that were not reasonably apparent; or

(f) events beyond the reasonable control of Perth Declutter Removals.

12.4 The Customer must notify Perth Declutter Removals of any known fragile surfaces, recently completed renovations, loose fittings, structural defects or other conditions that may increase the risk of damage before the Services commence.

12.5 Any claim for damage must be reported to Perth Declutter Removals as soon as reasonably practicable and, where possible, before Perth Declutter Removals leaves the Premises. The Customer must provide reasonable details and any supporting evidence requested to enable the claim to be investigated.

12.6 Perth Declutter Removals will be given a reasonable opportunity to inspect any alleged damage before repairs are undertaken by the Customer or a third party, except where immediate repairs are reasonably necessary to prevent further loss or damage.

12.7 Nothing in this section excludes or limits any rights or remedies that cannot lawfully be excluded or limited under the Australian Consumer Law or any other applicable legislation.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, Perth Declutter Removals' liability arising out of or in connection with the Services is limited in accordance with this section.

13.2 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.

13.3 To the extent permitted by law, Perth Declutter Removals is not liable for any indirect, incidental, consequential, special or economic loss, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill or loss of use, arising out of or in connection with the Services.

13.4 Perth Declutter Removals is not responsible for:

(a) delays caused by circumstances beyond its reasonable control;

(b) loss or damage arising from inaccurate or incomplete information provided by the Customer;

(d) the removal of Goods authorised by the Customer or reasonably believed to have been authorised for removal; or

(e) the lawful disposal, recycling, donation, rehoming, retention or sale of Goods following the transfer of ownership in accordance with these Terms.

13.5 Where Perth Declutter Removals is found to be liable for any loss or damage, its liability will, to the extent permitted by law, be limited to the reasonable cost of supplying the Services again or paying the reasonable cost of having the Services supplied again, where such limitation is permitted by law.

13.6 The Customer acknowledges that Perth Declutter Removals relies upon the information provided by the Customer when quoting for and performing the Services. Perth Declutter Removals will not be liable for any loss arising from information that was false, misleading or materially incomplete.

13.7 The Customer agrees to indemnify Perth Declutter Removals against any claim, loss, liability, cost or expense arising from:

(a) the Customer's breach of these Terms;

(b) the Customer's failure to disclose material information relevant to the Services;

(d) any negligent, unlawful or wilful act or omission of the Customer or any person acting on the Customer's behalf.

13.8 Any limitation of liability contained in these Terms applies to Perth Declutter Removals and its owner, employees, contractors, subcontractors, agents and authorised representatives.

13.9 This section survives the completion, cancellation or termination of the Agreement.

14. Australian Consumer Law

14.1 Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

14.2 Where the Customer is entitled to the benefit of a consumer guarantee under the Australian Consumer Law, Perth Declutter Removals will comply with its obligations under that legislation.

14.3 Where it is lawful to do so, and where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Perth Declutter Removals limits its liability for any breach of a statutory guarantee, at its option, to one or more of the following:

(a) supplying the Services again; or

(b) paying the reasonable cost of having the Services supplied again.

14.4 The Customer acknowledges that these Terms are intended to operate alongside, and not in substitution for, any rights or remedies available under the Australian Consumer Law.

14.5 If any provision of these Terms is found to be inconsistent with the Australian Consumer Law or any other applicable legislation, that provision will be interpreted or, if necessary, severed only to the extent required to comply with the law. The remaining provisions of these Terms will continue in full force and effect.

14.6 No statement, representation or warranty made by Perth Declutter Removals or its representatives is intended to exclude or limit any rights that the Customer is entitled to under the Australian Consumer Law.

15. Cancellations and Rescheduling

15.1 The Customer may cancel or request to reschedule a booking by notifying Perth Declutter Removals as soon as reasonably practicable.

15.2 All cancellations and rescheduling requests are subject to Perth Declutter Removals' Booking and Cancellation Policy, which forms part of this Agreement.

15.3 A $50 booking deposit is required to secure a booking. The booking deposit reserves the Customer's scheduled appointment and contributes towards the administrative and operational costs associated with scheduling the Services.

15.4 Subject to the Australian Consumer Law and any rights that cannot legally be excluded, if the Customer cancels a confirmed booking, the booking deposit will generally be forfeited and will not be refunded.

15.5 Perth Declutter Removals may, at its sole discretion, agree to transfer the booking deposit to a rescheduled booking where sufficient notice is provided by the Customer. Any such decision does not create an obligation to transfer booking deposits for future cancellations or rescheduling requests.

15.6 Perth Declutter Removals will make reasonable efforts to accommodate requests to reschedule a booking but does not guarantee that the Customer's preferred date or time will be available.

15.7 Perth Declutter Removals reserves the right to cancel, postpone or reschedule the Services where it is reasonably necessary due to circumstances beyond its control, including but not limited to:

(a) severe weather;

(b) vehicle breakdown or equipment failure;

(d) road closures, traffic incidents or access restrictions;

(e) safety concerns; or

(f) any other unforeseen operational circumstance.

15.8 Where Perth Declutter Removals cancels or reschedules the Services under clause 15.7, the Customer may elect to:

(a) reschedule the booking to the next mutually available date; or

(b) receive a refund of any booking deposit paid where the Services are not rescheduled.

15.9 Perth Declutter Removals is not liable for any indirect or consequential loss arising from the cancellation or rescheduling of the Services where such cancellation or rescheduling is reasonably necessary.

15.10 Either party may terminate this Agreement before the commencement of the Services where the other party has committed a material breach of these Terms and, where capable of remedy, has failed to remedy that breach within a reasonable time after being notified.

16. Privacy

16.1 Perth Declutter Removals is committed to protecting the privacy of its Customers and handling personal information responsibly.

16.2 The Customer acknowledges that Perth Declutter Removals may collect, store, use and disclose personal information for purposes including, but not limited to:

(a) providing and completing the Services;

(b) preparing Quotes and invoices;

(d) communicating with the Customer regarding bookings and Services;

(e) responding to enquiries or complaints;

(f) complying with legal and regulatory obligations; and

(g) improving the operation of Perth Declutter Removals' business.

16.3 Perth Declutter Removals will take reasonable steps to protect personal information from unauthorised access, misuse, loss or disclosure.

16.4 Perth Declutter Removals may disclose personal information to employees, contractors, subcontractors, payment providers, professional advisers, waste disposal facilities or other service providers where such disclosure is reasonably necessary to provide the Services or comply with legal obligations.

16.5 Perth Declutter Removals will not sell or knowingly disclose the Customer's personal information to unrelated third parties for marketing purposes without the Customer's consent, unless required or authorised by law.

16.6 The Customer consents to Perth Declutter Removals communicating with them by telephone, email, SMS or other reasonable electronic means in relation to the Services.

16.7 Where required by law, Perth Declutter Removals will comply with the requirements of the Privacy Act 1988 (Cth) and any other applicable privacy legislation.

16.8 If Perth Declutter Removals maintains a separate Privacy Policy, that policy forms part of these Terms to the extent it is not inconsistent with this Agreement.

17. Photographs and Marketing

17.1 Perth Declutter Removals may take photographs or videos of the Goods, Working Area or Premises before, during and after the Services for operational, quality assurance, insurance, training and record-keeping purposes.

17.2 Subject to clauses 17.3 and 17.4, Perth Declutter Removals may use photographs or videos taken during the Services for marketing, advertising, promotional or portfolio purposes, including on its website, social media platforms, online listings and other promotional materials.

17.3 Perth Declutter Removals will take reasonable steps to avoid intentionally capturing identifiable personal information, including photographs of individuals, personal documents, vehicle registration plates or other sensitive information where reasonably practicable.

17.4 If the Customer does not wish photographs or videos of the Premises or Goods to be used for marketing purposes, the Customer must notify Perth Declutter Removals in writing before the commencement of the Services. Perth Declutter Removals will honour such a request, except where the photographs or videos are required for operational, legal, insurance or evidentiary purposes.

17.5 All photographs and videos taken by Perth Declutter Removals remain the property of Perth Declutter Removals, unless otherwise agreed in writing.

17.6 The Customer grants Perth Declutter Removals a non-exclusive, royalty-free and perpetual licence to use photographs and videos taken in accordance with this section for the purposes described in these Terms.

17.7 Perth Declutter Removals will not knowingly publish personal or confidential information obtained during the provision of the Services without the Customer's consent, unless required or authorised by law.

17.8 Where photographs or videos are used for marketing or promotional purposes, Perth Declutter Removals will not intentionally publish the Customer's personal information or the specific address of the Premises in conjunction with the photographs or videos, unless the Customer has provided prior written consent or disclosure is required by law.

18. Force Majeure

18.1 Perth Declutter Removals will not be liable for any delay, failure or inability to perform the Services where such delay or failure arises from circumstances beyond its reasonable control.

18.2 Circumstances beyond Perth Declutter Removals' reasonable control include, but are not limited to:

(a) severe weather, storms, flooding or other natural events;

(b) fire, explosion or other emergencies;

(d) vehicle breakdowns or equipment failures despite reasonable maintenance;

(e) illness, injury or the unavailability of key personnel;

(f) industrial disputes or labour shortages;

(g) acts or omissions of government authorities;

(h) utility failures, including interruptions to electricity, water or telecommunications;

(i) pandemics, epidemics or public health emergencies; and

(j) any other event or circumstance beyond the reasonable control of Perth Declutter Removals.

18.3 Where a Force Majeure event occurs, Perth Declutter Removals will use reasonable efforts to notify the Customer as soon as practicable and will make reasonable efforts to reschedule the Services to the next mutually convenient date.

18.4 A Force Majeure event does not automatically terminate this Agreement. The obligations of Perth Declutter Removals are suspended only for the duration of the Force Majeure event and will resume as soon as reasonably practicable.

18.5 If a Force Majeure event continues for an extended period and makes the performance of the Services impracticable, either party may terminate the Agreement by providing written notice to the other. Where the Services have not commenced, Perth Declutter Removals will refund any booking deposit or other amounts paid for Services that will not be provided, unless otherwise agreed in writing or required by law.

18.6 Nothing in this section affects any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

19. Governing Law and Jurisdiction

19.1 These Terms of Service and any Agreement between the Customer and Perth Declutter Removals are governed by the laws of Western Australia.

19.2 The Customer and Perth Declutter Removals irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.

19.3 Before commencing legal proceedings, the parties agree to use reasonable efforts to resolve any dispute arising out of or in connection with these Terms through good faith discussions.

19.4 Nothing in clause 19.3 prevents either party from seeking urgent injunctive or other interlocutory relief from a court of competent jurisdiction where necessary to protect its legal rights or interests.

19.5 If any dispute cannot be resolved through good faith discussions, either party may commence legal proceedings in accordance with the laws of Western Australia.

20. General Provisions

20.1 Entire Agreement
These Terms of Service, together with any Quote, invoice, booking confirmation, Booking and Cancellation Policy, Privacy Policy and any other document expressly incorporated by reference, constitute the entire agreement between the Customer and Perth Declutter Removals and supersede any prior discussions, representations or agreements relating to the Services.

20.2 Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed only to the extent necessary, and the remaining provisions will continue in full force and effect.

20.3 No Waiver
A failure or delay by Perth Declutter Removals to exercise any right under these Terms does not constitute a waiver of that right. Any waiver must be in writing and applies only to the specific instance for which it is given.

20.4 Amendments
Perth Declutter Removals may amend these Terms of Service from time to time. Any amended Terms will apply to bookings made after the amended Terms have been published or otherwise provided to the Customer. The Terms in effect at the time a booking is confirmed will continue to apply to that booking unless otherwise agreed in writing.

20.5 Assignment
The Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Perth Declutter Removals. Perth Declutter Removals may assign or subcontract its rights and obligations under this Agreement where reasonably necessary.

20.6 Electronic Communications
The Customer agrees that notices, Quotes, invoices, booking confirmations and other communications may be provided electronically, including by email or SMS, and that such communications satisfy any legal requirement for written notice.

20.7 Relationship of the Parties
Nothing contained in these Terms creates any partnership, joint venture, agency, employment or fiduciary relationship between the Customer and Perth Declutter Removals.

20.8 Headings
Headings are included for convenience only and do not affect the interpretation of these Terms.

20.9 Interpretation
Unless the context otherwise requires:

(a) words importing the singular include the plural and vice versa;

(b) a reference to a person includes an individual, company, partnership, trust, estate, association or other legal entity;

(c) the words "including", "includes" and similar expressions are to be interpreted as meaning "including without limitation"; and

(d) a reference to legislation includes any amendment, replacement or re-enactment of that legislation.

20.10 Survival
Any provision of these Terms that by its nature is intended to survive completion, cancellation or termination of the Agreement, including provisions relating to payment, ownership of Goods, indemnities, limitation of liability, privacy and dispute resolution, will continue in full force and effect following completion or termination of the Services.