Terms and Conditions

The platform and its associated application “RecycleSmart” and related services, websites and tools (together the Platform) is owned and operated by RecycleSmart Pty Ltd ABN 88 635 870 049 (RecycleSmart).

These SaaS Terms and Conditions (Terms) govern access to and use of the Platform by you, the individual using the Platform, and any legal entity on whose behalf you are acting. Other terms and conditions contained elsewhere on our Platform also form part of our agreement with you.

By accessing or using the Platform or by giving your acceptance to these Terms, you agree to be bound by these Terms.

Please read and understand these Terms before accessing or using the Platform or otherwise creating an Account. By registering for an Account or by accessing or using the Platform, you acknowledge and agree that you have read and accepted these Terms, so please read them carefully. We may vary these Terms at any time without notice.

Changes to these Terms will not affect any bookings made before the date of change; however, it is your responsibility to ensure that you are familiar with the latest version of these Terms at the time you make a booking.

Definitions and Interpretations

Definitions

In these Terms unless inconsistent with the context or subject matter the following terms have the corresponding definitions:

Account: an account on the Platform which enables you to access and use various features of the Platform.
Applicable Laws: any laws governing or affecting the arrangements contemplated by these Terms.
Australian Consumer Law: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
GST Law: has the same meaning as GST Law in the A New Tax System (Goods & Services Tax) Act 1999 (Cth).
Intellectual Property: means without limitation our copyright, trademarks, know-how, processes and concepts, including any content that we develop or publish, the look and feel of the Platform, the Platform itself and any other website or platform developed by us and the source code for those systems and all intellectual property rights related to such, whether registered or unregistered and whether developed before or after the date of these Terms.
Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
our, us and we: RecycleSmart.
Personnel: our directors, officers, employees, contractors, suppliers, advisers or agents.
RecycleSmart Services: the collection and recycle services provided by us.
Recyclopedia: the information provided by us on recycling.
Services: any services that we provide you, including without limitation the Platform and the RecycleSmart Services.
State: New South Wales, Australia.
Website: our website accessible at recyclesmart.com.

Interpretation

In these Terms the following rules of interpretation apply, unless the contrary intention appears or context otherwise requires:

Headings and subheadings are for convenience only and do not affect the interpretation of these Terms.
References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, these Terms.
References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
Words denoting the singular include the plural and words denoting the plural include the singular. Words denoting any gender include all genders.
The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
A reference to any agreement or document (including these Terms) includes any amendments to or replacements of that document.
A reference to a law includes legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.
Any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.
No provision of these Terms will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms.
If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.
A reference to time or day is a reference to time in the capital city of the State.
A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.
A reference to writing or written includes email.

the Recyclesmart platform

The Platform provides you with the ability to book RecycleSmart Services, with additional features such as access to the Recyclopedia and calendar reminders to keep track of your recycling efforts.
Our Services are available only to, and may only be used by persons who are able to form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
Subject to you complying with these terms, we will provide our Services to you as set out in these terms.

Your account

In order to use most of the functionality of the Platform, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Platform in our absolute discretion.

Booking Recyclesmart services

To book RecycleSmart Services simply follow the prompts on the Platform and submit your booking request. RecycleSmart Services can be booked on a one-time or subscription basis. The details of the RecycleSmart Services including fees and items to collect will be as set out on the Platform at the time you place your booking.
For bookings on a subscription basis, your RecycleSmart Services will automatically be scheduled on a recurring basis for the schedule you have selected on the Platform, unless you give notice to cancel your subscription prior to the next collection date. You authorise us to store you payment method and to automatically charge you the service fee for each recurring RecycleSmart Service booking. Subscription based bookings are able to be paused or stopped at any time.
Any booking submitted on the Platform is an offer by you to book the RecycleSmart Services as set out in your booking confirmation on the Platform. You acknowledge that by submitting your booking you are agreeing to pay for and accept the RecycleSmart Services as set out in your booking confirmation on the Platform.
All bookings placed for RecycleSmart Services are subject to availability. While we will use our best efforts to provide our RecycleSmart Services to you at all times, unfortunately we are unable to guarantee that our RecycleSmart Services will be available and we reserve the right to cancel any booking at any time without reason on giving notice to you. In the event that we cancel your booking in accordance with this clause, we will provide you with a refund of any amount paid for that cancelled booking.
Bookings are not transferable and must not be offered for resale without our express agreement. You agree that you will not attempt to transfer or resell any booking, either on its own or bundled with other products or services. We may refuse to honour any bookings that have been on-sold or transferred to another person.
In the event you are booking RecycleSmart Services on behalf of a third party, you represent and warrant that you have made that third party aware of these Terms and they agree to these Terms.
In the event that a third party submits a booking on your behalf, by accepting the RecycleSmart Services you are taken to have agreed to be bound by these Terms, regardless of whether you were provided with notice of them.

Recyclesmart services

The RecycleSmart Services will take place in accordance with the terms as set out in your booking confirmation on the Platform.
You acknowledge and agree that scheduled times booked for RecycleSmart Services are subject to variation and are non-binding. While we attempt to provide all RecycleSmart Services at scheduled times, occasional delays are inevitable.
You must ensure that you package and place your items as indicated in the service timeframe at the address you have inputted on the Platform. Items must comply with the limitations and restrictions as set out on the Platform including the types of waste accepted, packaging requirements, weight or size limitations and prohibited items not eligible for collection. We reserve the right to refuse collection of any items which are unauthorised, prohibited or outside those types of waste or sizes accepted by us.
If the items you have placed exceed what you have booked then we reserve the right to charge an overage fee in accordance with clause 6, or we may leave the items (at our discretion). We may also, at our discretion, reschedule a RecycleSmart Service if you fail to leave your items as indicated in the service timeframe or the address is incorrectly inputted on the Platform.
We shall dispose of waste materials in compliance with Applicable Laws governing waste management and recycling. We may choose the method of disposal of your items at our sole discretion.
You must ensure that you provide us with a safe environment, whether in a domestic or commercial setting. This includes (without limitation) that you agree to safely restrain all animals, and ensure there are no dangerous environments (such as live exposed electricity), and there are no unannounced persons at the collection address.
You must not behave in a way that is rude, disrespectful, abusive, violent, threatening or carry on other inappropriate conduct including bullying towards our Personnel.
In booking RecycleSmart Services you acknowledge and agree that it is your responsibility to ensure that the RecycleSmart Services you book are suitable for your use.

Fees and how to pay

The service fees applicable for the RecycleSmart Services will be as displayed on the booking confirmation on the Platform at the time you place your booking.
Payment of the service fee will be due following the RecycleSmart Service. You must make payment via a method accepted by us as stated on the Platform. If your payment cannot be processed, or fails to clear, your booking will be rejected, and you will be notified by the Platform.
When you provide your credit card details and complete your booking, you provide us an irrevocable authorisation to charge your credit card with the amount of the service fee and any other charges owing by you to us as applicable under these Terms.
Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed to you.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
Fees shown on the Platform are in Australian Dollars (AUD) and include GST, unless otherwise stated. Prices are subject to change without notice.
You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as PayPal) terms and conditions when using the Platform. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
Please note that no refund is made if items collected by us are less than that specified in your booking or if the items are not available for collection within the indicated collection timeframe. If you require additional items to be collected, or the weight or size of your items exceeds that placed in your booking, then we reserve the right to charge you an additional fee for such items.

Cancelling or amending a booking

You may cancel or amend a booking for any reason by giving us notice at least 24 hours prior to the scheduled start time of the RecycleSmart Services. Cancellations made with less than 24 hours notice will incur the full service fee to be charged.
You may cancel or amend your booking either by using the Platform and following the prompts, or by emailing [hello@recyclesmart.com].
We reserve the right to accept or reject your booking (or any part thereof) at any time and for any reason in our absolute discretion, including after you have placed the booking and received a confirmation email and/or invoice or we have previously accepted such booking. We may cancel your booking for example, in the following circumstances (without limitation):

if the RecycleSmart Services are not available;
where there is an error in the description or price of any RecycleSmart Services on the Platform relevant to your booking.

If we do cancel your booking, we may do so without any liability to you for that cancellation except as set out in this clause. Where we cancel your booking, we will endeavour to notify you and provide you a refund of all payments made for such booking (if any).

Ownership and dealing with items

By placing items for collection with us, you acknowledge and agree that:

you own such items or have the legal right to deal with such items in accordance with these Terms; and
we act as your agents for the handling and disposal of such items. We do not take ownership or responsibility of such items.

Data stored on electronic devices should be erased. We will not be responsible or assume any liability if any data is recovered from electronic devices that have been collected and disposed of through the RecycleSmart Services.
Non-waste items, such as furniture, appliances or clothing, must be clearly labelled to indicate their intended collection or disposal. We disclaim any responsibility in the event that we mistakenly collect an item that was not intended for collection which was not clearly labelled.
We reserve the right to refuse the collection of hazardous materials or items that pose a risk to the environment, public health, or safety. You must adhere to Applicable Laws regarding the proper disposal of hazardous materials and make alternative arrangements for their collection and disposal.
You acknowledge and agree that once we have collected an item, we cannot locate, recover or return such items to you.
We reserve the right to convert, dispose, resell or process the items once collected and to collect payments for such (including rebates paid by recyclers). You acknowledge and agree that you have no right to such payments and irrevocably consent to us collecting such payments.

Prohibited use

The information you provide us and your use of the Platform and our Services must not:

violate these Terms;
be for unlawful or dangerous activities or purposes;
be in a way that is fraudulent or deceptive;
be false, inaccurate or misleading;
infringe any third party’s rights (including intellectual or privacy rights);
be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
damage the credibility of the Platform or us or dilute, tarnish, or otherwise harm our brand in any way;
create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other users or other suppliers;
distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Platform;
distribute or post spam;
be in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Platform;
be in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of this Platform;
be for any purposes that are not permitted by these Terms or in any way that is inconsistent with the purpose of the Platform, or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;
collect a user’s information and harass them; or
violate any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).

Access and Termination

We reserve the right, at any time and without prior notice to remove or disable:

your access to this Platform or any part of it for any reason; and
any user that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or the interests of other users,

and we will not be liable to you for any Loss that you incur in the event that we do this.

The termination of your access to the Platform is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us.

Intellectual Property Rights

You acknowledge and agree that:

we own all right, title and interest in and to the Intellectual Property of the Platform and the Services and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms;
with respect to any information provided by third parties and displayed on the Platform, the relevant licensor will own all right, title and interest in and to such materials;
you will not copy, reproduce, alter, modify, create derivative works, or publicly display any of our Intellectual Property except with our prior written consent or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Platform;
you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, sublicensable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate any content in order to provide our Services;
you warrant that any content you provide us or otherwise transmit through the Platform with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party; and
you must not falsely express or imply a relationship between you and us.

Disclaimer

You acknowledge and agree that your use of this Platform and the Services is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on the Platform. Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained on this Platform is without warranty of any kind and we expressly exclude such warranties.
Without limiting clause 12.1, you acknowledge and agree that:

we do not guarantee the uninterrupted availability, accuracy, or reliability of the Services, including pickup schedules or the handling of items;
we do not warrant that the use of the Platform will result in you achieving any specific result;
we make no representations about the suitability of the Platform for any purpose;
you are solely responsible for complying with any obligations under any Applicable Laws relating to the disposal of items;
we do not guarantee the accuracy, currency, suitability, reliability and availability of the Platform and any content within it (including the Recyclopedia);
the information provided on and in the Platform is general information and is not in the nature of financial, legal or any form of advice. You should obtain advice before making any decision based on the Platform;
we reserve the right to withdraw, or amend, update or change the functionality or content of the Platform at any time, without notice;
complex software is never wholly free from defects, errors and bugs, and we give no warranty or representation that the Platform will be wholly free from defects, errors and bugs.

Limitation of Liability

Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to your use of the Platform and the Services that are not expressly set out in these Terms to the maximum extent permitted by law.
Without limiting clause 13.1, you acknowledge and agree that:

we will not be liable for any Losses arising in any way in connection with:

any non-performance of the Platform;
any incorrect data entry or information made by you;
inaccurate or incomplete disposal instructions provided by you;;
any defects, errors and bugs on the Platform;
unauthorised third-party access to the Platform or the Services;
any viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Platform by any third-party;

we will not be liable for any Loss, damage, or theft of items placed outside for collection, including non-waste items. It is your responsibility to ensure that any valuable or sensitive items are not included in the disposal process;
except to the extent caused by our negligent act or misconduct, we will not be liable for:

any Loss or damage to items collected during the RecycleSmart Services;
any injuries, accidents or damages that occur during the collection process, including personal injuries or property damage;
any damages caused to infrastructure or underground utilities at the collection address;

we will not liable for any failure to collect unauthorised or prohibited items;
we will not be liable for any injury, damage, loss or delay suffered by you which is caused either wholly or in part by your acts or omissions or the acts or omissions of other persons.

Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you to us in the 1-month period preceding the matter or event giving rise to the claim.
Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of services, to the extent that the Australian Consumer Law applies to the Services.
If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option to the resupply of the Services or the cost of resupply.
The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
Without limitation to the other terms of this clause, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms.
Notwithstanding anything else in this clause, our liability will be reduced to the extent the loss or damage is caused by or contributed to by you.
Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under these Terms, you must:

use your best endeavours to recover that sum before making the claim;
keep us at all times fully and promptly informed of the conduct of such recovery; and
reduce the amount of the claim to the extent that sums are recovered.

Indemnity

Except to the extent caused or contributed to by our breach of these Terms, you agree to indemnify us against, and hold us harmless from, any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:

your breach or negligent performance or non-performance of these Terms (including if you fail to pay any fees on time);
your improper waste disposal, including fines, penalties, or damage to the environment;
any unauthorised, hazardous, unsafe or prohibited items;
any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the Services, except to the extent caused by our negligent act or omission;
any reliance by you or a third party on the Services or any advice, information or deliverable provided in connection with the Services and/or these Terms;
the enforcement of these Terms;
any negligent act, omission or wilful misconduct by you; and
your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of our Services.

You must make payments under this clause:

in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and
in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.

It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
The indemnities in this clause:

are continuing obligations, independent from your other obligations under these Terms and survive termination or expiry of these Terms; and
are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

Security

Whilst we take reasonable steps to protect your information, we do not guarantee the security of our records or your information.

General terms

Notices

Any formal communication with us must be via our nominated email address or through any contact form on the Platform. We may not regularly monitor our social media or other means of communication.

No Waiver

No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
Words or conduct referred to in clause 16.2(a) include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

Assignment, Novation and Other Dealings

We may assign or novate any rights that arise out of or under these Terms without your consent and without notice to you.
Any rights of yours that arise out of or under these Terms are not assignable or capable of novation by you without our prior written consent, which may be withheld in our discretion.

Severability

If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
Clause 16.4(a) does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms.

No Merger

On completion or termination of these Terms, the rights and obligations of the parties set out in these Terms will not merge and any provision that has not been fulfilled remains in force.

Further Action

Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and the transactions contemplated by these Terms.

Time of the Essence

Time is of the essence in these Terms in respect of any date or time period and any obligation to pay money.

Relationship of the Parties

Nothing in these Terms gives a party authority to bind any other party in any way.
Nothing in these Terms imposes any fiduciary duties on a party in relation to any other party.

Remedies Cumulative

Except as provided in these Terms and permitted by law, the rights, powers and remedies provided in these Terms are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms.

Entire agreement

These Terms state all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

No Reliance

No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms.

Governing Law and Jurisdiction

These Terms are governed by the law in force in the State.
Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.
Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 16.12(b) on the basis that:

any proceeding arising out of or in connection with these Terms has been brought in an inconvenient forum; or
the courts described in clause 16.12(b) do not have jurisdiction.

Survival

Any clause which by its nature is intended to survive termination or expiry of these Terms will survive such termination or expiry.

Contact

If you have any questions please do not hesitate to contact us using the details contained on our Platform.