Terms & Conditions of Website

The website https://globepestsolutions.com.au/ (“Website") is owned and operated by Globe Pest Solutions is a division of Australian Agribusiness (Holdings) Pty Ltd (ABN 61 135 355 958) (“Globe Pest Solutions”, "we", "our", "us").

These Terms and Conditions (“Terms”), which incorporate our Privacy Policy, Returns and Refunds Policy, and other documents referred to within these Terms, govern the supply of any products ordered by you on the Website and your use of the Website. By browsing, accessing, using the Website or ordering a product (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Website. By continuing to use the Website you agree to be bound by such revised Terms.

 

1. Access and use of the website

1.1 You must only use the Website in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):

1. interfere with or disrupt the Website or the servers or networks that host the Website;
2. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
3. interfere with security-related or other features of the Website.

1.3 To access some features of the Website, such as purchasing items online, paying invoices/credit online, viewing account information, you must register an Account with us. To register for an Account, you must register an account on the Website, or submit an offline account application. You must provide us with accurate and current personal information including your name, business name, address, valid email address and accurate credit information. You must not register more than one Account per ABN. You should only apply if you are a licensed Pest Control Operator or represent an organisation with technicians licensed to apply pesticides.

1.4 To place an order with us you must have an account with us and have the capacity to enter into a legally binding agreement with us. We do not sell direct to homeowners or consumers.

1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact our Sales and Customer Service team immediately and take immediate steps to re-secure your Account (including by changing your password).

1.7 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

1.8 You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:

1. in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
2. in a way that is illegal or unfair.

 

2. Information on this website

2.1 The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Globe Pest Solutions as a division of Australian Agribusiness.

2.2 This information and material on this website is considered to be true and correct at the time of publication. Any changes after publication may affect the completeness or accuracy of this information. This information on this website may change without notice and Globe Pest Solutions is not in any way liable for the accuracy of information printed or stored by a user. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. Changes can made to the information on this website by Globe Pest Solutions at any time.

2.3 As the user of this website, you will be responsible for making your own assessment of the material and should verify all relevant representations, statements, and information by seeking professional advice.

2.4 No information or material on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

2.5 Unless otherwise stated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, belongs to or is licensed by Globe Pest Solutions as a division of Australian Agribusiness. This copyright is protected by Australian copyright laws. All trademarks, service marks, trade names, branding and trade dress on this website belong to Globe Pest Solutions as a division of Australian Agribusiness, or its related entities.

2.6 Subject to the following paragraph, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published, or framed within another website without our prior written permission.

2.7 The use of or reliance on the information on this website is at your own risk. Australian Agribusiness, its related entities, employees, agents and other representatives will not, under any circumstances, be liable for any injury, loss, damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on this website. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third-party claims. Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.

2.8 Information on this website may include links to other websites. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by Globe Pest Solutions of third-party companies, individuals, products, information, or opinions. We do not warrant that information on any third-party websites is free from computer viruses or any defects, errors, or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. As a user of the website, we recommend you read the legal and privacy notices of any other websites that you visit. We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

 

3. Order and formation of contract

3.1 Before making an order firstly you must apply for an Account with us. To apply for an account you must submit an application form (online form or offline submission). Our team will review your application and perform credit checks (if applying for credit account). Our team will inform you with the outcome of your application.

3.2 When you receive approval from our finance team, you can order from us. When making an Online Order, you must be logged into your account. Once logged in you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it. If you are ordering in branch our team can assist with this process.

3.3 If ordering online, you must select product(s) that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

3.4 For us to process your order you must pay for the Order in full by one of the payment methods we accept on the Website. The payment methods we accept are Online Credit Card payments, Credit Account (if approved by Finance team), or offline payment method (includes but not limited to payment via Phone, Cheque, BPAY etc). You must be fully entitled to use the payment method used for purchases. If you are using a credit card, the payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If you are using your credit account, you must have sufficient credit to cover the purchase. If a particular service is not available to you, you should use another valid payment method.

3.5 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

3.6 If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact our Sales and Customer Service team immediately. Our team can attempt to alter your order however if the order has been dispatched, we unfortunately cannot change the order. Please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.7 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

1. unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product);
2. we suspect that you might on-sell our products to other consumers without our prior consent;
3. if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
4. if there has been an error in the imagery, price or product description on the Website; or
5. if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.

3.8 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

 

4. Delivery

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you, but we can’t guarantee firm Delivery dates or times.

4.2 We do not deliver to PO Boxes, locked bags or parcel lockers.

4.3 You may receive multiple deliveries for your Order and these will be notified to you via email following placing your Order.

4.4 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

4.5 By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our warehouse. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

1. charge you for our reasonable storage fees and other costs reasonably incurred by us; or
2. no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.6 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.7 Unless otherwise specified, all risk in the product shall pass to you upon Delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

4.8 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

 

5. Pick up orders

5.1 During the Product ordering process, you may select the Pick Up Order option. By selecting this option, you agree to comply with this clause.

5.2 You will receive written and/or electronic communication from us in relation to your Pick Up Order, including order confirmations, ready for collection and collection notifications. We may also communicate with you in relation to any delays of your Pick Up Orders.

5.3 You must collect your Pick Up Order within 10 business days after receipt of the ready for collection notification. If you fail to collect your Pick Up Order within this period, we may cancel the Pick Up Order in accordance with clause 6.1(d).

5.4 You agree to comply with the following collection requirements in relation to your Pick Up Order and such other requirements that we may notify to you when placing your Pick Up Order:

1. you must collect your Pick Up Order from the Globe Pest Solutions branch selected by you when you placed the Pick Up Order;
2. you must produce to our team member a valid photo identification and the collection notification (showing the order number) when you collect the Pick Up Order; and
3. you may be asked to sign a collection confirmation when you collect the Pick Up Order.

5.5 In the event you are unable to collect your Pick Up Order, you may specify an authorised Pick Up Contact when placing the order, or after the Order has been placed you may email Globe Pest Solutions (using the email address used to place your Order) to provide your written authority for a nominee to collect your Pick Up Order from Globe Pest Solutions (Pick Up Contact). When collecting the Pick Up Order, the Pick Up Contact must produce to our team member that email and comply with clause 5.4.

6. Cancellation

6.1 We may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

1. the Products in that Order are not available;
2. there is an error in the price or the product description posted on the Site for the Product;
3. the Product(s) in that Order have been recalled;
4. you fail to collect your Pick Up Order within 10 business days after receipt of the ready for collection notification; or
5. we are unable to ship your Order to your delivery address.

6.2 If we cancel any part of an Order in accordance with:

a) Clause 6.1(a) or 6.1(b) (where the Product is unavailable or there is a pricing or product description error) or 6.1(c) (where the Product has been recalled), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the Order. If any payment has been taken, then: (i) for a wholly cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly cancelled Order, the amount paid in respect of cancelled Products, will be refunded to your original payment method. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

c) Clause 6.1(d) (where you have failed to collect your Pick up Order), we will provide a refund to you of any amounts paid by you.

6.3 If you wish to cancel your Order, please contact our Sales and Customer Service team. Once an Order has been processed, it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.

7. Returns and refunds policy

Please find our Returns and Refunds Policy here.

 

8. Vouchers and store credit

8.1 You may use vouchers/promo codes as payment for certain products on the Website. We may email vouchers/promo codes to you or to your selected recipient. We accept no Liability for errors in the email address provided to us. You are responsible for the use and safety of your vouchers and promo codes - you should treat them like cash. We assume no Liability for the loss, theft or to the extent permitted by law illegibility of vouchers or promo code, including if promo code is used without your permission, if your email is hacked or subject to unauthorised use. We monitor the issuance and redemption of vouchers or promo codes. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or promo code, we may close or block access to your Account and/or require a different means of payment.

8.2 Conditions for the redemption of vouchers/promo codes include:

1. From time to time we may release vouchers/promo codes that may be used on the Website. Vouchers/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them. Only one voucher/promo code can be used per Order, and some vouchers/promo codes may only be used once per voucher/promo code. Vouchers/promo codes cannot be used in addition to another voucher/promotion code.
2. Certain products may be excluded from voucher/promo code promotions, and unless specifically stated, voucher/promo code promotions are not applicable to shipping costs.
3. Vouchers/promo codes cannot be redeemed for cash. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer).
4. We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a voucher/promo code, we will only refund the final price you paid for that item.
5. We actively monitor misuse of vouchers/promo codes and reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.

8.3 Conditions for using store credit include:

1. Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
2. We will apply store credit on a pro-rata basis across all items in an Order.
3. We will automatically apply store credits against future purchases before asking you for additional payments.
4. Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash.

8.4 If you cancel or return items purchased using a store credit:

1. the refund value of an item is the final price you paid for that item; and
2. you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using store credits (on an item basis). For example, where total Order price is paid:

                                     i.          entirely by store credits - refunds are offered as store credit only;

                                    ii.          entirely by ‘cash’ - refunds offered as 100% store credit or ‘cash’ (at your election); or

                                   iii.          20% store credits and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on an item basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

8.5 If you cancel or return only certain items purchased in a promotion such as Sales Deals, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.

 

9. Specific promotions

9.1 From time to time we may run promotions on our Website which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference.

9.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

9.3 We also undertake joint promotions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotions.

 

10. Disclaimer and liability

10.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

1. the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Website (or any part of it or them); or
2. otherwise in relation to these Terms or the entering into or performance of these Terms.

10.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

1. fraud;
2. death or personal injury caused by our Breach of Duty;
3. any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
4. any other Liability which cannot be excluded or limited by applicable law.

10.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

10.4 Subject to clause 10.2:

1. To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website.
2. We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
3. You should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
4. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
5. All products should be used strictly in accordance with any label instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials. In the event of any adverse reaction, please discontinue use and seek medical assistance.
6. We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
7. Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Website, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

 

11. Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

 

12. Privacy policy and communications

Please find our Privacy Policy here.

When you provide us with your email address, you may opt in to electronic communications in respect of news, promotions, and updates on the status of returns and refunds. We may also communicate with you electronically in as set out in the Privacy Policy. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

 

13. Cancellation, suspension and termination of Account

13.1 We may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if you breach these terms and conditions and:

1. the breach cannot be remedied; or
2. you fail to remedy the breach within 10 business days of our notice to you of that breach; or
3. if there is an emergency.

13.2 You may cancel your account at any time for any reason provided that:

1. any outstanding matters are resolved (such as a suspension on your account); and
2. you have paid all outstanding amounts owed by you.

 

14. Dispute resolution

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with our Sales and Customer Service team at first instance.

 

15. General

15.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Website.

15.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

15.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

15.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

15.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

15.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of Australian Agribusiness (Holding) Pty Ltd, its subsidiaries, any holding companies of Australian Agribusiness (Holding) Pty Ltd, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

15.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

15.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

15.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.

 

16. Definitions and interpretation

16.1 Definitions

In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;

Breach of Duty means the breach of any:

1. obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
2. common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and

“Globe Pest Solutions”, "we", "our", "us" means Australian Agribusiness (Holding) Pty Ltd (ABN 61 135 355 958) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

16.2 Interpretation

1. Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
3. Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
4. References to includes or including or like words or expressions shall mean without limitation.

 

17. Changes to these terms and conditions

17.1 We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site, and such modifications will be effective as soon as they are posted.

17.2 If you have an 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.

17.3 For any future Orders, these terms and conditions may be different and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your Order.

 

Last Updated February 2024