TERMS AND CONDITIONS

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1. Terms


1.1 These Terms apply to the provision of waste collection services by 4Ward Group Limited, company registration number 11009548, registered office at Rear Office, 4 Boscawen Road, Perranporth, Cornwall, TR6 0EW trading as ClearWaste (4Ward Group, us). No other terms apply, including all terms and conditions provided by you or otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law. By purchasing Services you agree to be bound by these terms and conditions (the Terms) together with the privacy policy accessible on the Website and/or on request (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not book Services with us. If you have any questions, you can contact us by email at info@clearwaste.co.uk

1.2We reserve the right to update these Terms from time to time at our discretion. If we reasonably believe that the change to the Terms is significant, we shall notify you by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. Any change to these Terms shall not affect any Services that have already booked.

2. Definitions


2.1 In these Terms, the following words have the following meanings:

  • Cancellation Fee : £40 plus VAT;
  • Customer Waste : all items that you require to be collected by ClearWaste;
  • Fee : the fee due for the provision of the Services
  • Services : the waste collection services
  • Venue : the location where the Services are to be provided
  • Website : our website located at www.clearwaste.co.uk
  • Working Days : any day other than a Saturday, Sunday or public holiday in England.

2.2 Words in the singular include the plural and in the plural include the singular.

2.3 Headings shall not affect the interpretation of these Terms.

2.4 References to Conditions are, unless otherwise provided, references to the conditions of these Terms.

2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.

2.6 Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not limit the generality of the related words.

3. Booking Services


3.1 You warrant and represent that all information that you provide to us in relation to the Services, including the types of Customer Waste and the amount of Customer Waste, is accurate and complete. You acknowledge that we rely on the information you provide to us to calculate the Fee.

3.2 If at any time we believe that the information you provided to us is incorrect, including if the amount of Customer Waste exceeds the amount stated or if the Customer Waste includes any additional costs item [link], we shall be entitled to adjust the Fee. We reserve the right to retain your payment authorisation for up to 90 days after the date of the provision of the Services so that we can exercise this right. If the amount of Customer Waste is less than the amount stated, we shall refund you any sums due within 10 Working Days of provision of the Services.

3.3 Please note that we do not currently provide Services throughout the UK. You will be notified during the booking process if we do not provide the Services in the area where the Venue is located.

3.4 If you are booking the Services on behalf of a company or other organisation, you warrant that you have the right to represent that organisation for the purposes of these Terms.

4. Fee


4.1 You shall pay the Fee for the Services when the Services are booked. For the avoidance of doubt, no contract shall come into existence until the Fee has been paid in full. Payment is made through Stripe and accordingly you agree to comply with the Stripe terms of use.

5. Customer Waste


5.1 You warrant and represent to us that:

(a) you own or otherwise have the right to request that we carry out the Services in respect of the Customer Waste;

(b) the Customer Waste does not include any unlawful or prohibited items listed here [link];

(c) any Customer Waste that may give rise to health and safety issues, such as broken glass, knives or unsafe electrical equipment shall be separately stored, and drawn to the attention of our contractors providing the Services on arrival; and

(d) we may lawfully provide the Services at the Venue, access to the Venue is clear and unobstructed and we may lawfully park at the Venue free of charge.

5.2 If any of the warranties set out in Condition 5.1 are breached:

(a) you shall indemnify us from and against any costs, claim, loss, expense or fine we suffer or incur from any third party as a result; and

(b) we may either make an additional charge to cover any extra work or costs that are required or, if we are unable to undertake the Services, charge the Cancellation Fee.

6. Cancellation


6.1 We shall use our best endeavours to provide the Services on the agreed date and at the agreed time. However, there may be reasons beyond our control which prevent us from doing so, including traffic issues, labour disputes, accidents and adverse weather. We shall keep you up-to-date with any likely delay in the provision of the Services, and where necessary we shall reschedule the Services or if we are unable to provide the Services at any time on the date agreed, at your option, you may cancel the Services and we shall refund to you the Fee within 10 Working Days.

6.2 If you are a consumer (not a trader), then you may cancel your booking of the Services and receive a refund of the Fee if you notify us in writing within 14 days of making the booking as long as we have not started to provide the Services. You agree that if the Services are due to take place within 14 days of the booking, then you expressly request that we provide the Services during the 14 day cancellation period.

6.3 We shall refund the Fee, less the Cancellation Fee if:

(a) you are a consumer (not a trader) and wish to cancel your booking of the Services outside of the 14 day cancellation period set out in Condition 6.2;

(b) you are a trader (not a consumer) and you wish to cancel your booking of the Services at any time; or

(c) we are unable to provide the Services because of your act or omission, including because any of the information you provide to us is incorrect, or we cannot gain access to the Venue.

6.4 Please email us at to cancel your booking. We shall refund to you any sums due within 10 Working Days of receipt of a notice to cancel or cancellation under Condition 6.3c.

7. LIABILTY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION


7.1 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

7.2 We shall provide the Services with reasonable skill and care, but make no other warranty in relation to the Services.

7.3 If you are a trader (not a consumer) we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any (a) loss of profit, anticipated profits or business; (b) loss of data; (c) loss of opportunity; (d) loss of revenue; (e) loss of goodwill or reputation; and/or (f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same). If you are a trader (not a consumer) we shall our maximum liability to you in respect of the provision of the Services in excess of the Fee paid for the Services.

7.4 Whether you are a consumer or a trader, we shall in any event be liable only for direct losses that arise as a result of our breach of these Terms.

7.5 If you have a complaint in respect of the Services, please contact us as soon as possible with full details, including where relevant, photographic evidence of any damage that you believe has been caused to the Venue. If you are a trader (not a consumer), any such complaint must be received within 7 days of provision of the Services.

8. General


8.1 Nothing in these Terms shall confer or purport to confer on any third party any benefit or the right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.

8.2 The failure or delay of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any other time. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.

8.3 If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties

8.4 Any notice given under these Terms shall be in writing and shall be served by delivering the notice personally or by email to the latest address notified. Any such notice shall be deemed to have been received at the time of delivery.

8.5 These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the exclusive jurisdiction of the English courts.