The Better Choice Company

Terms & Conditions

Melbourne’s Reliable Multi-Trade Company

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1. About these Terms

These Terms and Conditions (Terms) govern your use of our website and your engagement of services provided by The Better Choice Company. By accessing our website or engaging our services, you agree to be bound by these Terms.

These Terms should be read together with our Privacy Policy. Where you sign a separate written quotation, proposal or service agreement with us, that document will prevail over these Terms to the extent of any inconsistency.

2. Who we are

Legal entity: The Trustee for Pantazi Unit Trust

ABN: 84 279 323 939

Electrical Registration (REC): 36322 (applies to electrical works only)

We operate under the following trading names, which are divisions of the same legal entity:

• The Better Choice Company
• Better Choice Electrical
• Better Choice Property Services

Throughout these Terms, “Better Choice”, “the Company”, “we”, “our” and “us” refer collectively to the legal entity and its divisions. “You” and “your” refer to the user of the website or the customer engaging our services.

These Terms apply to:

• thebetterchoice.co
• Any associated domains owned and operated under this business structure
• Any subdomains, landing pages, advertising pages and service websites operated under the Better Choice brands
• Quotes, proposals, invoices and services we provide (to the extent not superseded by a separate written agreement)

3. Acceptance

By accessing or using our website, submitting an enquiry, accepting a quote, or engaging our services, you confirm that you have read, understood and agree to these Terms. If you do not agree, you must not use our website or services.

4. Website purpose and permitted use

This website exists to:

• Provide information about our services
• Allow you to submit enquiries
• Support service requests and customer communication

You may use the website only for lawful purposes. You agree not to:

• Use the website in any way that breaches applicable laws or regulations
• Attempt to gain unauthorised access to the website or its underlying systems
• Introduce viruses, malware or other harmful code
• Scrape, harvest, or systematically extract content
• Use the website to transmit unsolicited commercial communications

5. Website availability

The website is provided on an “as is” and “as available” basis. While we take reasonable steps to keep the website operational, we do not warrant that it will be uninterrupted, error-free or free from viruses. We may modify, suspend or discontinue the website (or any part of it) at any time without notice.

6. Website enquiries

Submitting an enquiry through our website does not create a contract or oblige either party to proceed. Quotes are not issued automatically through the website and are prepared separately through our operational systems following an assessment of the work required.

7. Quotations and pricing

Any estimate, indicative pricing, verbal discussion or information provided prior to a formal written quotation is non-binding.

Formal quotations:

• Are valid for the period stated in the quotation (and lapse if not accepted within that period)
• May contain assumptions, exclusions and conditions
• Are based on the information provided to us at the time of quoting
• May be subject to revision if site conditions, scope, or compliance requirements differ from those assumed

8. Formation of a service contract

A contract for services is formed when you accept our formal written quotation or proposal (whether by signature, email confirmation, written acceptance, or by instructing us to commence works), and we confirm acceptance.

9. Payments

Unless otherwise agreed in writing:

• Deposits and progress payments may be required before works commence or during the project
• Invoices are due within 7 days of the invoice issue date
• Payment terms commence from the invoice issue date
• Accounts outstanding beyond 30 days from the invoice issue date may incur interest at 5% per annum, calculated daily on the outstanding amount until paid in full
• We may recover reasonable costs of debt recovery (including legal and collection costs) where amounts remain unpaid

We reserve the right to suspend or cease work where payment obligations are not met. Suspension under this clause does not constitute a breach by us.

10. Variations

Additional charges and changes to timeframes may apply where:

• The scope of works changes
• Hidden or latent conditions are encountered
• Actual site conditions differ from those assumed at quoting
• Compliance, safety or regulatory requirements change
• You request additional work outside the original scope
• Delays are caused by factors outside our reasonable control

Where reasonably possible, variations will be confirmed in writing before being carried out.

11. Site access and customer obligations

You agree to:

• Provide safe and reasonable access to the site during agreed working hours
• Disclose any known hazards, services, structures or conditions relevant to the works
• Obtain any necessary permissions (including from landlords, body corporates or other parties)
• Ensure the work area is reasonably clear and accessible
• Comply with any reasonable directions we give in relation to safety

12. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). These include guarantees that services will be:

• Provided with due care and skill
• Fit for any specified purpose
• Provided within a reasonable time (where no time is fixed)

Goods we supply also come with statutory consumer guarantees, including as to acceptable quality, fitness for purpose and matching their description.

For major failures with the service, you are entitled to:

• Cancel your service contract with us; and
• A refund for the unused portion, or compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Terms limits, restricts or modifies the application of the Australian Consumer Law or any other statutory rights you have that cannot lawfully be excluded.

13. Workmanship warranty

In addition to your rights under the Australian Consumer Law, we provide a workmanship warranty of up to 3 years from practical completion of the works, unless a different period is stated in your quotation or required by law.

The workmanship warranty does not cover:

• Fair wear and tear
• Damage caused by misuse, neglect, accident, or failure to maintain
• Works altered, modified or repaired by third parties without our consent
• Defects in materials or products supplied (which are covered by the relevant manufacturer warranty)
• Damage caused by events outside our reasonable control

14. Electrical works

Electrical works carried out by Better Choice Electrical are performed in accordance with the Electricity Safety Act 1998 (Vic), Electricity Safety (General) Regulations, the Wiring Rules (AS/NZS 3000) and the requirements of Energy Safe Victoria. A Certificate of Electrical Safety will be issued where required by law.

15. Manufacturer warranties

Products supplied by us remain subject to the warranty terms offered by the manufacturer or supplier. We will pass on to you the benefit of any manufacturer warranty and assist with claims where reasonable.

16. Limitation of liability

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

Subject to the above, and to the maximum extent permitted by law:

• Our liability for any breach of a non-excludable consumer guarantee in relation to services is limited (at our election) to supplying the services again or paying the cost of having the services supplied again
• Our liability for any breach of a non-excludable consumer guarantee in relation to goods is limited (at our election) to replacing the goods, repairing the goods, supplying equivalent goods, or paying the cost of any of these
• We are not liable for any indirect, consequential, special or punitive loss, including loss of profits, loss of opportunity, loss of use, or business interruption, arising out of or in connection with your use of the website, our services or these Terms
• Our total aggregate liability arising out of or in connection with any single project will not exceed the total amount paid by you to us for that project

17. Indemnity

You agree to indemnify us against any loss, damage, claim or expense (including reasonable legal costs) arising from:

• Your breach of these Terms
• Your negligence or wilful misconduct
• Inaccurate or incomplete information you provide to us
• Your failure to obtain necessary permissions or disclose known hazards

This indemnity is reduced to the extent that the loss or damage is caused or contributed to by us.

18. Service area

Our services are generally offered throughout Melbourne and surrounding areas. Availability may vary by service division, project type and scheduling. We reserve the right to decline work outside our service area or capacity.

19. Intellectual property

All content on this website — including branding, logos, text, photography, graphics, documents, designs, proposals, drawings and quotations — is owned by Better Choice or used under licence, and is protected by the Copyright Act 1968 (Cth) and other applicable laws.

You must not copy, reproduce, modify, distribute, republish, or otherwise commercially exploit any of our content without our prior written consent. Personal, non-commercial viewing of the website is permitted.

20. Third-party links

Our website may contain links to third-party websites or resources. These are provided for convenience only. We are not responsible for, and do not endorse, the content, products, services or practices of any third-party site.

21. Project photography, reviews and marketing

You acknowledge and agree that, unless otherwise agreed in writing, we may use:

• Photography of completed and in-progress work
• Before-and-after images of the property or site
• Customer reviews and testimonials

for our website, social media, advertising, case studies and other marketing purposes. We will not intentionally publish images or information that identify you or your property without taking reasonable steps to obtain your consent. If you would prefer that we do not use images or testimonials from your project, please notify us in writing.

22. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please refer to our Privacy Policy for details on how we collect, use, store and disclose personal information.

23. Cooling-off rights

Where we sell or supply services to you in circumstances that constitute an unsolicited consumer agreement under the Australian Consumer Law (for example, where we initiated the contact at your home or workplace), you may have a right to terminate the agreement during the statutory cooling-off period (generally 10 business days). Where this applies, we will provide you with the required notices and information at the time of entering into the agreement.

24. Force majeure

We are not liable for any failure or delay in performing our obligations to the extent caused by events outside our reasonable control, including (but not limited to) natural disasters, severe weather, fire, flood, pandemic, government action, industrial action, supply-chain disruption, or failure of essential services. Where a force majeure event continues for a prolonged period, either party may, on reasonable notice, suspend or terminate the affected works.

25. Dispute resolution

If a dispute arises, the parties agree to:

• First, attempt to resolve the dispute through good-faith discussion
• If unresolved within a reasonable period, refer the dispute to senior representatives of each party for negotiation
• If still unresolved, consider mediation through an appropriate body before commencing legal proceedings

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court. Consumers may also refer disputes to Consumer Affairs Victoria or, for electrical work, to Energy Safe Victoria.

26. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on our website, and the effective date at the top of these Terms will be updated accordingly. Your continued use of the website or services after changes take effect constitutes acceptance of the revised Terms.

27. General

Entire agreement. These Terms (together with any signed quotation, proposal or service agreement and our Privacy Policy) constitute the entire agreement between you and us in relation to their subject matter.

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

No waiver. A failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a related entity or successor business.

Notices. Notices to us should be sent to the contact details in Section 29.

28. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth courts having jurisdiction there.

29. Contact us

For any questions about these Terms, please contact us:

The Better Choice Company — Melbourne’s Reliable Multi-Trade Company