Last updated: 31 July 2023
1.1 The website and related services and systems available at www.vicreturn.com.au and www.cdsvic.org.au (the System) is operated by VicReturn Limited (ABN 54 653 014 895), its related entities and VicReturn Limited’s subcontractors including Container Exchange (Services) Pty Limited (ABN 32 623 565 471) (collectively we, us, our).
1.2 By using the System, and in consideration of us providing you with access to the System, you agree to the following System Terms of Use, which govern your access to and use of the System.
1.3 In these System Terms of Use, “you” refers to:
(a) you as an individual; and
(b) if you are using the System on behalf of an entity (such as a company or other organisation), that entity.
1.4 If you do not agree to these System Terms of Use, you must not use or access the System. If you are agreeing to these System Terms of Use on behalf of an entity, you represent and warrant that you have authority to bind that entity. If you are an employee, agent or authorised representative of an entity and are using or accessing the System in connection with that employment, agency or appointment (applicable), you are using or accessing the System on behalf of that entity. If you do not have such authority or you do not agree to these System Terms of Use, neither you nor the entity may use the System.
1.5 We reserve the right to make reasonable amendments to these System Terms of Use from time to time. We will publish the amended System Terms of Use on the System and notify you that these System Terms of Use will be amended and from when the amendments will apply. Written notification does not need to be made to you specifically and can be made by displaying a notice of the upcoming change on the System or through a broadcast email or other form of message to all Users. We will provide you with as much prior written notice as reasonably possible prior to amending these System Terms of Use, and will notify you at least 24 hours before we amend these System Terms of Use. You must also comply with any reasonable usage policy, and developer policy (if applicable), published on the System provided that we provide and update any such policies in accordance with the process specified in this clause 1.5.
1.6 You should review any amendments to the System Terms of Use available on the System and, if you do not agree with any of the changes, you must cease using or accessing the System. By continuing to use the System after the date on which the amended Systems Terms of Use start to apply, you will be deemed to have accepted the changes to the System Terms of Use.
1.7 We may, from time to time and without notice:
(a) change, add to, or remove any part of the System; and
(b) cease, interrupt, or withdraw access to the System for any reason, including for upgrades and maintenance of those parts of the System, and
for the avoidance of doubt, the System is not a customisable product but is instead a standard product that we make available to users of the System.
1.8 Nothing in these System Terms of Use will limit or affect your, or our, rights and obligations under any other agreement between you and us.
2.1 In these System Terms of Use:
(a) API means an application programming interface, which is software that allows two applications to communicate to each other.
(b) Data Specification Pack means a document, or in a form determined by us, provided by us to you that defines the System Interfaces, updated from time to time, by specifying, any of the following:
(i) process, tools, frequency of submission and formats for submitting the data;
(ii) data requirements and data naming conventions;
(iii) specifications of each data field (field name; description; length; field type (e.g. alpha or numeric); valid codes if relevant; edit rules if relevant) and the data validation for each field; and
(iv) file security and confidentiality requirements.
(c) Interface means, in respect of the System and as determined by us, any of the following:
(i) a secure web portal or an online webform,
(ii) a method to upload/download/provide a data,
(iii) API,
(iv) a reporting tool, or
(v) another format or access method to transfer information as specified by us.
(d) Permitted Purpose has the meaning given to that term in clause 6.3.
(e) Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
(f) Privacy Policy means the privacy policy available at www.vicreturn.com.au.
(g) Scheme means the container deposit scheme established under Part 6 of the Circular Economy (Waste Reduction and Recycling) Act 2021 (Vic).
(h) Scheme Agreement has the meaning given in the Scheme Coordinator Agreement and includes the Scheme Payments and Contribution Methodology (as defined in the Scheme Coordinator Agreement).
(i) Scheme Coordinator Agreement means the Scheme Coordinator Agreement entered into between VicReturn Limited and the Crown in right of the State of Victoria.
(j) Sensitive Personal Information has the meaning given to the term ‘sensitive information’ in the Privacy Act 1988 (Cth).
(k) System has the meaning given to that term in clause 1.1 and does not include any User Content.
(l) System Content has the meaning given to that term in clause 6.1 and does not include any User Content or Third Party Content.
(m) System Terms of Use means these terms and conditions as updated or amended from time to time in accordance with these terms and conditions.
(n) Third Party Content has the meaning given to that term in clause 7.1.
(o) Third Party Systems has the meaning given to that term in clause 7.2.
(p) User Content has the meaning given to that term in clause 6.6.
(q) Virus means type of malicious code or program written to alter the way the software or computer operates.
3.1 You must not, and must not permit a third party to:
(a) use the System for illegal purposes or in breach of any applicable laws or regulations;
(b) upload or distribute in any way files that contain Viruses, corrupted files, hostile or intrusive software, including computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, and other intentionally harmful programs. It can take the form of executable code, scripts, active content, or other similar software or programs that may damage the operation of the System, our IT infrastructure or our other customers’ operations or IT infrastructure;
(c) interfere with any other users’ use or enjoyment of the System;
(d) post, promote or transmit through the System any deceptive, discriminatory, unlawful, harassing, defamatory, privacy invasive, abusive, threatening, offensive, vulgar, obscene, tortuous, hateful, racially, ethnically or otherwise objectionable information of content of any kind or nature;
(e) attempt to copy, modify, duplicate, create a derivative work from, republish or adapt all or any part of the System;
(f) except to the extent such rights may not be excluded by applicable law, reverse engineer, reverse compile or disassemble any or part of the System;
(g) to the extent that such limitations are permitted by law, access the System in any way in order to build a product or service which competes with the System;
(h) licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, use as a bureau service, as an outsourced service or otherwise make available to any third parties the System;
(i) interfere with or disrupt the System; and
(j) create an undue burden on the System.
3.2 You and we agree that, in relation to your obligations under 3.1(i) and 3.1(j), your accessing of the System in accordance with these System Terms of Use, the Data Specification Pack and any other reasonable usage policy or developer policy published on the System in accordance with clause 1.5, will not interfere with, disrupt, overwhelm or otherwise or create an undue burden on the System.
3.3 Without limiting the above, you must not and must not permit a third party to:
(a) to the extent that this limitation is permitted by law, use the System for competitive analysis or to build competitive products;
(b) use any unauthorised method or process not authorised in other agreements between you and us (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any data or content from the System;
(c) circumvent, disable or otherwise interfere with security-related features of the System;
(d) do anything which will or may damage, disrupt access to or interfere with the proper operation of the System, or upload, distribute or permit in any way files that contain Viruses, corrupted files, malicious code or other similar software or programs that may adversely affect the System or any associated infrastructure, equipment or data;
(e) compromise the integrity of our System, including probing, scanning, or testing the vulnerability of the System;
(f) use the System in ways that are in excess of any limits notified (in accordance with clause 1.5 and 1.6) by us to you or otherwise overwhelm or attempt to overwhelm our System by imposing an unreasonably large load on our systems; or
(g) violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s Personal Information.
3.4 You must use the System solely for the purposes for which you were permitted access or use of the System by VicReturn Limited.
3.5 You agree to indemnify and hold harmless us, against all loss, liability and cost (including legal expenses) sustained, incurred or suffered by us as a result of, or in connection with, any claim, action or proceeding made against us or our licensors as a result of your breach of these System Terms of Use, including claims that any of your User Content infringes third party rights or any laws. Your liability under this indemnity will be reduced to the extent the claim was caused or contributed to by our breach of these System Terms of Use, or our negligent or unlawful conduct.
3.6 You agree that you must provide all relevant data and information, and it is your responsibility to provide full and accurate data, including validation of that data, to ensure the accuracy, completeness and conformity to the Data Specification Pack, and such data and information must be in a format specified in the Data Specification Pack and must be provided using the Interface provided by us (or as otherwise expressly permitted or required by us under agreements directly between you and us).
4.1 Only users who are permitted by us can access and use the System. We will provide an approved unique user account to each permitted user.
4.2 You may be asked to choose a password or be provided with other login credentials. You must keep your unique user account, password, and other login credentials, confidential and secure. You must not share your user account with any other person. You acknowledge and agree that you will be solely responsible for any activities engaged in using your account (whether or not the access is authorised by you).
4.3 Your account is personal to you, and you must not transfer or assign your account to any other person. You agree not to use the account, username or password, or other login credentials, of another user at any time, and must not disclose your account password or other login credentials to any third party.
4.4 You must notify us immediately if you suspect any unauthorised use of your account or access to your password or other login credentials.
4.5 You agree that we may provide all relevant information and assistance as required by us from time to time in connection with the set up and management of user accounts.
4.6 You must have business continuity, backup and security measures in place to ensure compliance with these System Terms of Use, to preserve and protect your data, to support the integrity of the System, and to protect the System. We take no responsibility for any failure by you to backup any User Content or other data that you upload to the System.
5.1 We may, at any time and at our discretion, investigate any reported or suspected breach of these System Terms of Use (or other unauthorised or unlawful use of the System) by you, any other user or any third party.
5.2 If at any time you are in breach of these System Terms of Use, without limiting our other rights and remedies, you must use best endeavours to promptly remediate any such breach.
5.3 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the System, the quality of the services and our reputation. These actions may include (but are not limited to) suspending or terminating your access to the System, reporting any unlawful conduct to the appropriate authorities, and otherwise taking appropriate legal action.
5.4 We may suspend your access to the System, block your account and remove any of your User Content without notice to you if:
(a) it is necessary to comply with any law;
(b) either, or both of us, is no longer contracted to provide the System in connection with the Scheme Coordinator Agreement;
(c) we believe that there is a risk of fraud or security breach;
(d) you are in breach of these System Terms of Use; or
e) we otherwise reasonably believe that it is necessary to protect the System, other users or our rights.
6.1 Unless otherwise indicated, the intellectual property rights in the System and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the System (System Content) are either owned by or licensed to us.
6.2 Except to the extent that you and we have agreed alternative confidentiality obligations in agreements directly between you and us, all System Content that we make available for you to access is deemed to be our confidential information and you agree to keep it confidential. We reserve the right to review, edit, move or delete any System Content from the System at any time without notice to you.
6.3 We grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferable right to access and use the System and view the System Content for your limited internal business purpose of participating in the Scheme (Permitted Purpose), and subject to these System Terms of Use.
6.4 Without limiting any of your rights under other agreements between you and us, to the extent permitted by law, you must not, and must not permit a third party to:
(a) use the System Content for any purpose other than the Permitted Purpose, except with our prior written consent;
(b) copy, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell, offer to sell, market or otherwise on-distribute the System Content without our prior written consent;
(c) modify or make any alterations, additions or amendments to any part of the System Content;
(d) create derivative works from any System Content, information, software, or services obtained from the System, including to create products or services competitive with our System, products and services;
(e) convert the System Content into a format other than the one in which it was supplied except to the extent reasonably required for you to comply with your obligations under the Scheme;
(f) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the System Content or the System or reproduce all or any portion of the said components; or
(g) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices from the System Content or the System.
6.5 All our rights and those of our licensors to System Content that are not expressly granted under these System Terms of Use are reserved.
6.6 If you:
(a) upload, process, or otherwise make available any data, information, text content or material to the System; or
(b) provide us with any ideas, feedback, concepts or suggested improvements to the System Content or our services (Feedback),
(together, User Content):
(i) nothing in these System Terms of Use assigns the ownership of the intellectual property rights (if any) in your User Content to us;
(ii) subject to clause 6.6(iii), you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable, licence to use, store, modify, adapt and publish your User Content in any form for the purpose of:
(A) exercising our rights and performing our obligations under the Scheme Coordinator Agreement and the other Scheme Agreements (as defined in the Scheme Coordinator Agreement) or under service agreements between us and our subcontractors;
(B) for any other purpose required under the Scheme Coordinator Agreement and the other Scheme Agreements (as defined in the Scheme Coordinator Agreement), or otherwise required by or on behalf of the State in connection with the establishment, administration, management, oversight or operation of the Scheme or other container deposit, recycling and product stewardship schemes; and
(C) provided that all User Content is only used, modified, adapted, and/or published, in aggregated and de-identified forms (and such aggregated and de-identified forms do not include, or through manipulation or reconstruction would allow a third party to determine, the Network Operator’s prices, fees, profits, or overall revenue associated with the Scheme), for any other purpose in connection with:
(1) the Scheme Coordinator Agreement and the other Scheme Agreements (as defined in the Scheme Coordinator Agreement);
(2) the establishment, administration, management, oversight or operation of the Scheme or other container deposit, recycling and product stewardship schemes; and
(3) performing and/or improving our products and services.
(iii) the licence under clause 6.6(ii) is limited to the extent required by law and to the extent explicitly agreed in any separate agreement directly between us and you;
(iv) you acknowledge and agree that to the extent User Content is Feedback, it is not your confidential information and, to the extent any intellectual property rights exist in any such Feedback, you (and your licensors) grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable, licence to use, store, modify, adapt and publish such Feedback in any form for any purpose (including to modify, adapt or enhance the System) without reference to you; and
(v) you unconditionally consent to us, our successors, assigns and sub-licensees using User Content in a manner as permitted under these System Terms of Use which would (but for this clause) infringe any of your moral rights (as defined by the Copyright Act 1968 (Cth)) in User Content.
6.7 To the extent permitted by law, we reserve the right to aggregate and analyse data (including the User Content) that we collect through the operation of the System, including as described in the Privacy Policy or these System Terms of Use. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the System in the course of using the System. We may use analytics tools to produce reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.
6.8 You acknowledge and agree that we may impose additional reasonable terms and conditions on you, any user of the System or other third parties in connection with the System including prior to you, those users or those third parties (as applicable) accessing the System (or accessing, uploading, or modifying any User Content). We must notify you of any such additional reasonable terms and conditions in accordance with the process specified in clause 1.5.
6.9 You warrant that:
(a) you have all rights and permissions necessary to provide, upload and grant a licence to the User Content to us;
(b) the User Content complies with all applicable laws (including privacy laws);
(c) the User Content does not violate intellectual property rights, confidentiality rights, publicity right or any other rights of any third party; and
(d) the User Content will be true, accurate, correct and complete (or to the extent that you become aware that User Content is not true, accurate, correct and complete you will immediately rectify such issues with the User Content),
6.10 You agree to indemnify us against any loss suffered or incurred by us in relation to any claim or action against us or a third party that:
(a) your User Content infringes the rights of any third party;
(b) the User Content is not true, accurate, correct and complete; and
(c) in relation to any other breach of your warranties specified in clauses 6.9(a) to 6.9(d).
6.11 If you post any User Content to the System, we have the right to remove or modify it at our sole discretion and without notice. We have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a violation of their rights.
6.12 We are not responsible for and accept no liability with respect to User Content.
7.1 The System may contain links to, or display the content of, other users (i.e. the User Content of other users who are separately subject to the System Terms of Use between those users and us) and other third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Systems).
7.2 Third Party Content and Third Party Systems are not under our control. We do not license, endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Systems or the products, services or information available on any Third Party System, or in respect of the owner or operator of a Third Party System or their conduct.
7.3 If you use or rely upon Third Party Content or Third Party Systems, you do so solely at your own risk.
8.1 By using the System, you agree that we may collect, hold, use and disclose your Personal Information as described in these System Terms of Use, the Privacy Policy and any other privacy notices that we provide you during your use of the System.
8.2 When you use the System, we collect Personal Information that you provide to us or generate through your use of the System. This Personal Information is used for:
(a) any specific purposes for which you provided it to us;
(b) the general operation of the System, so that you can access and use the functions and services of the System;
(c) the purposes specified in these System Terms of Use and the Privacy Policy; and
(d) other purposes as otherwise notified to you.
8.3 You must not submit to the System (or use the System to collect) any Sensitive Personal Information unless expressly required for the Permitted Purpose.
9.1 The System may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web server. A cookie can later be retrieved by the System’s servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
9.2 It is recommended that you accept cookies to make full use of the System. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the System’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
9.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the System to the fullest and optimum extent.
9.4 We may use the cookies on the website (as well as data collected through these collected) for commercial purposes, including targeting and displaying advertising on our website and on third party websites, social media platforms and advertising networks. Please see our Privacy Policy for further information.
10.1 In this clause 10, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.
10.2 The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these System Terms of Use has the effect of excluding, restricting or modifying a Consumer’s rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified.
10.3 Where you are using the System, you agree that:
(a) where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability to:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) the System and the System Content are provided “as is”. By accessing the System, to the extent permitted by law, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any Virus transmitted by the System or by any Third Party Content or Third Party System. With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:
(i) any term, condition or warranty that may otherwise be implied into these System Terms of Use, including (but not limited to) any term, condition or warranty that:
(A) the System or any of its functions will be secure, timely, uninterrupted or error free;
(B) the System will operate in combination with any other hardware, software, system, or data;
(C) the System will meet your requirements or expectations;
(D) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted;
(E) defects will be corrected; or
(F) the System or any server that makes the System available is free of errors, Viruses or malicious code or other harmful components; and
(ii) any liability for loss or damage incurred as a result of or in connection with our negligence; and
(iii) any liability for special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the System Content, the use or performance of the System or any services provided by us in relation to the System.
11.1 Our rights and remedies under these System Terms of Use are not waived by us unless such waiver is in writing and signed by us. No delay or failure by us to enforce or exercise any of our rights or remedies shall be construed or deemed to be a waiver of such rights or remedies.
11.2 No waiver by us of our rights or remedies shall be deemed a waiver of any other rights or remedies and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.
If you have any queries regarding these terms and conditions, please contact us via [email protected].
