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TERMS & CONDITIONS


VicRecycle Limited ACN 643 014 895
Website Terms of Use

  1. DEFINITIONS AND INTERPRETATION
    In these Terms of Use:

    1. Application means a response to the relevant Request;
    2. Closing Time means the time and date that the Application must be lodged as detailed in the relevant Request documentation;
    3. Registered User means any person (including an individual or a body corporate) that has registered an account on the Website in connection with a Request;
    4. Request means an approach to market in relation to the container deposit scheme established or proposed to be established in Victoria;
    5. Terms of Use means these terms of use;
    6. User means any person (including an individual or a body corporate) that is accessing or using the Website and includes a Registered User;
    7. VicRecycle means VicRecycle Limited ACN 643 014 895;
    8. Website means:
      1. the whole or any part of the web pages located at www.vicrecycle.com.au (or any subsequent URL which may replace it); and
      2. all websites that VicRecycle, via the website referred to in paragraph (a) of this definition, invites Users to access;
    9. a reference to time, unless specified otherwise, is to the time in Victoria;
    10. words importing a gender include each other gender;
    11. words in the singular include the plural and vice versa;
    12. a clause heading is a part of these Terms of Use and may be used for interpreting the language of the clause; and
    13. if any word or phrase is given a defined meaning, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning.
  2. WEBSITE TERMS OF USE
    1. By accessing or using the Website, the User agrees to be bound by these Terms of Use and our privacy policy located at www.vicrecycle.com.au/privacy-policy (collectively, the Terms) and any applicable instructions, processes, procedures and recommendations as advised on the Website.  Before continuing, the User should read the Terms as they form a binding agreement between the User and VicRecycle regarding the use of the Website. If you do not agree to any of the Terms, you should immediately cease using the Website.
    2. Users must inform themselves concerning all security measures and other aspects of the Website information and communications technology environment. Users must make their own assessment of the Website prior to using it for any matter related to a Request and no responsibility or liability will be accepted by VicRecycle in respect of any use or attempted use by any person of the Website.
    3. It is the responsibility of Users to ensure that their infrastructure, including operating system and browser revision levels, meet the minimum standards as set out on the Website. VicRecycle takes no responsibility for any problems arising from Users’ infrastructure and/or internet connectivity.
    4. VicRecycle does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.
  3. REGISTRATION AND NOTICES
    1. Users must register with the Website to become a Registered User in order to access Request documentation and related addenda, and lodge Applications.  Users who are not Registered Users will only have limited access to the functionalities in the Website.
    2. The Registered User is responsible for logging in to the Website and accessing the relevant Request documentation and addenda for the Requests in respect of which it is interested in providing an Application.
    3. A Registered User who has accessed the Request documentation will be notified by the Website via email of any addenda relating to the Request documentation.  It is in the interest of Registered Users to ensure they have correctly recorded their user profile information prior to accessing relevant Request documentation. If a Registered User has not recorded their user profile information correctly, they should amend their details on their user profile on the Website and access the relevant Request documentation again.
    4. In the event that VicRecycle amends the Request or the conditions applying to the Application process, it will make reasonable efforts to inform Registered Users.
    5. VicRecycle accepts no responsibility if a Registered User fails to become aware of any addendum notice which would have been apparent from a visit to the relevant Request page on the Website.
    6. If a User has obtained relevant Request documentation other than from the Website, the user must visit the Website, register as a Registered User and access the relevant Request documentation for the relevant Request.
    7. VicRecycle will not be liable for any loss, damage, costs or expenses incurred by Registered Users or any other person if, for any reason, an Application or any other material or communication relevant to the relevant Request, is not received on time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised.
  4. QUERIES
    1. All queries and requests for technical or operational support must be directed to: info@vicrecycle.com.au
  5. ELECTRONIC LODGEMENT
    1. Applications must be lodged electronically via the Website in accordance with the Application lodgement procedures set out in these Terms of Use and the relevant Request documentation.
    2. Where there is any inconsistency between the Application lodgement procedures, or any other requirements, set out in these Terms of Use and those set out in the relevant Request documentation, the Request documentation will prevail.
    3. Applications lodged by any other means, including by hand, facsimile or email, will not be considered.
    4. Upon its submission, each Application (and all copies thereof) will become the property of VicRecycle and will not be returned.
  6. USE OF THE WEBSITE
    1. Users must not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
    2. Users must not circumvent, disable or otherwise interfere with security-related features of the Website.
    3. Users must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password “mining” or any other illegitimate means.
    4. Users must not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. Users may not reverse look-up, trace or seek to trace any information on any other User.
    5. Users must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or with any other person’s use of the Website. Without limiting the foregoing, Users must not and must not permit any third party to take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website, that contains software viruses or any other computer codes, files, worms, or other malware or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of VicRecycle or any third party;
    6. Users must not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
    7. USE OF DATA
    8. The material on the Website includes information, data, documents, pages and images (Data) and is intended for the User’s use and information. VicRecycle disclaims all and any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss or damage whatsoever, including without limitation any direct, incidental or consequential loss or damage, arising out of, or in connection with, any use of or reliance on the Data.
    9. While the Data is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may have an impact on the accuracy of the Data. The Data may change without notice and VicRecycle is not liable for the accuracy of any information printed or stored by a User. Changes may be made to the Data and the Website by VicRecycle at any time.
  7. PERSONAL AND ORGANISATIONAL INFORMATION
    1. All persons who provide personal and organisational particulars within the Website system in relation to a User hold themselves out to be a proper and authorised representative of that User in relation to the use of the Website system.
    2. VicRecycle may hold personal information submitted to the Website in either electronic or hard copy form. VicRecycle will take reasonable steps to protect such personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and VicRecycle uses a number of physical, administrative, personnel and technical measures to protect the personal information. These include using encryption technologies and deploying anti-malware and anti-virus software. However, VicRecycle cannot guarantee the security of such personal information.
    3. Request materials are copyright.  Users are not permitted to reproduce, re-transmit, distribute or commercialise Request materials for any purpose without seeking prior written approval from VicRecycle.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on the Website (Content).
    2. Your use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in the Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.
    3. Any reproduction or redistribution of the Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
    4. All other use, copying or reproduction of the Website, the Content or any part of it is prohibited, except to the extent permitted by law.
    5. Without limiting the foregoing, Request materials are copyright.  Users are not permitted to reproduce, re-transmit, distribute or commercialise Request materials for any purpose without seeking prior written approval from VicRecycle.
  9. THIRD PARTY CONTENT AND DISCLAIMER
    1. Nothing in this clause 9 limits the operation of any other clause of these Terms of Use, including clause 7.
    2. The Website may contain links to, or display the content, products, services or research of third parties (Third Party Content). VicRecycle does not endorse, approve or make any warranty or claim regarding any of the Third Party Content.  If Users use or rely upon Third Party Content, they do so solely at their own risk.
    3. The Website may provide links to websites operated by other organisations and individuals (Third Party Websites). VicRecycle cannot guarantee that these links will work all of the time and has no control over the availability of the linked pages.
    4. By providing a link to a Third Party Website, VicRecycle does not endorse, approve or make any warranty or claim regarding the Third Party Website, its owners or operators, or any information, products or services offered by them. If Users use or rely upon Third Party Websites, they do so solely at their own risk.
    5. If VicRecycle provides a link to a Third Party Website that collects information about the user, it cannot control the collection of that information. Users should contact the Third Party Website providers direct if Users have any questions about the use of information such providers collect. Third Party Websites and services may have their own privacy policies or no policy at all. VicRecycle encourages Users to review the privacy policies of any Third Party Website or services before providing them with personal information.
    6. To the extent permitted by law, VicRecycle excludes all warranties, conditions and representations (whether express or implied) that may apply to the Website or any content on it, including any Third Party Content and any link to a Third Party Website. VicRecycle will not be liable to Users for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with:
      1. A User’s use of, or inability to use the Website;
      2. A User’s use of or reliance on any content or material displayed on the Website;
      3. A User’s use of or reliance on any Third Party Content; or
      4. A User’s use of, or reliance on any content or material displayed on, a Third Party Website, including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable.
    7. VicRecycle does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an “as is” and “as available” basis.  Users are responsible for configuring their information technology, computer programmes and platform to access the Website.  Users should use their own virus protection software. By accessing the Website, Users assume all risks associated with its use, including but not limited to the risk that a User’s computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.