Terms & Conditions

Western Australia Container Deposit Scheme

Terms of Use of Websites

These terms and conditions apply to your use of the Containers for Change websites and online portals (websites) located at:

https://shopwa.containersforchange.com.au (Online Shop);
https://shopwa.containersforchange.com.au/my-account/ (online Shop Account Portal); and
http://consumer.containersforchange.com.au/wa (Containers for Change Account Portal).

The Websites are licensed and operated by WA Return Recycle Renew Ltd ACN 629 983 615(WARRRL)

By accessing and/or using the Websites, you acknowledge that you have received and read these terms of use, and agree to and accept all of the terms and conditions as applicable, which include our privacy policy located athttps://www.containersforchange.com.au/wa/privacy-policy (Privacy Policy) (collectively, the Terms). If you do not agree to any of the Terms, you should immediately cease using the Websites and any services provided to you by us.

If you purchase any goods or services through our Online Shop, the terms and conditions of sale located at http://cdn.warrrl.com.au/2024/02/terms-conditions-of-sale-online-shop.pdf (Terms and Conditions of Sale)apply in addition of these Terms.

In these Terms, 'us', 'we' and 'our' means WARRRL and our related bodies corporate.

If you have any questions in relation to these Terms, please do not hesitate to contact us using the following details.

Email: [email protected]

Phone: 13 42 42

Part A General Terms

The Terms set out in this Part A apply to use of all Websites

1. Updates to these General Terms

We may update, modify or replace any or all of these Terms from time to time on notice to you (including by posting an updated version on our Websites). Your continued use of, or access to, the Websites following notice of any changes to these Terms constitutes acceptance of those changes. If you do not agree to any update to these Terms you must immediately cease using and accessing the Websites.

2. Access

In order to use our Websites, you will need Internet access, devices and systems which are compatible with our Websites. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). We have no obligation to make our Websites available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access our Websites

3. Cookies

Cookies are small pieces of information that your web browser stores on your computer's storage. We may use cookies to gather data in relation to the Websites. You may usually disable cookies through your web browser (depending on the web browser), but if you do, you may not be able to fully utilise all of the features available with Websites.

4.Privacy

During the course of using the Websites, you may be providing us with personal information, which can include (but is not limited to) personal information such as your name, address, email address and telephone number (refer to your Privacy Policy for more information).

We may also disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to process payments to or from you. We may disclose personal information outside of Australia to our third party suppliers and service providers located in overseas countries including but not limited to the Philippines, India, Singapore, the United States, Canada, the United Kingdom and New Zealand.

Our Privacy Policy explains:

(a) how we store and use, and how you may access and correct your personal information;

(b) how you can lodge a complaint regarding the handling of your personal information; and

(c) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected] or 13 42 42.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5. Linked Sites

The Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

6. Intellectual property rights

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 Websites and in all of the material (including all text, graphics, logos, audio and software) made available on our Websites (Content).

Your use of the Websites and Content does not grant or transfer any rights, title or interest to you in relation to the Websites or the Content. However we do grant you a licence to access the Websites and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of the Websites 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.

All other use, copying or reproduction of the Websites, the Content or any part of it is prohibited, except to the extent permitted by law.

7. Conditions of access

You agree, in respect of your use of each Website:

to comply with all applicable laws (including any applicable privacy laws);
to not, expect as permitted by law, provide any information that you know if false or misleading;
not to copy, modify, merge, alter, adapt, translate, de compile, disassemble or reverse engineer any aspect of the Website or to otherwise attempt to derive the source code relating to any aspect of the Website, or to merge any software or any part of any software with any aspect of the Website unless expressly permitted by the Terms;
not to interfere in any manner with the Website or its source code or any of our work product (except as permitted by the Terms or in accordance with law);
not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of the Website; and
not to use any data mining, gathering or extraction tools (excluding tools provided by the Website for your use).

8. Unacceptable activity

You must not do any act that we deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Websites, including but not limited to:

using the Websites in furtherance of illegal activity;
attempting to tamper with, modify, reverse engineer, gain unauthorised access to, or in any way alter any of our software or Websites;
any action to circumvent the Website controls, or other Website protocols (as advised by us from time to time) including but not limited to opening multiple accounts;
any act that would constitute a breach of either privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using the Websites to defame or libel us, our employees or other persons;
uploading files that contain viruses that may cause damage to our property, including the Websites, or the property of other persons; and
posting or transmitting to the Websites any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, antisocial or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information using our Websites, we have the right to take down this information at our sole discretion and without notice.

You understand that we may terminate your Account or access to the Websites immediately and may take legal action against you if you breach, or we reasonably suspect that you may have breached, these Terms.

9. Communications

Communications between you and us may be conducted by mail, telephone, online, or by other electronic means that we offer from time to time. Any instructions that you give to us in any such manner will have the same legal effect as if you gave them to us in original written form. You agree that all telephone calls and electronic communication may be recorded by us and kept by us as a record of your instructions.

10. Warranties and disclaimers

Except to the extent otherwise provided by law (including any rights that you may have under the Australian Consumer Law), we make no warranties or representations as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness, or as to any content contained in or generated by, the Websites, or that;

the use of the Websites will be secure, timely, uninterrupted or error-free;
the Websites will operate in combination with any other hardware, software, system, or data;
the Websites (or any products, services, information, or other material purchased or obtained by you through the websites) will meet your requirements or expectations;
any stored data will be accurate or reliable or that any stored data will not be lost or corrupted;
errors or defects will be corrected; or
the Websites (or any server(s) that make a hosted service available) are free of viruses or other harmful components.

The Websites and all other products are provided "as is" and to the extent permitted by law, including the Australian Consumer Law, we disclaim any and all warranties and representations of any kind, including any warranty or non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express or implied. We make no guarantees as to the availability or accessibility of the Websites, and from time to time, the Websites may be unavailable, including in our absolute discretion.

You agree that we, our advisors and our agents will not be liable to you for any indirect, special or consequential loss, damages or expenses whatsoever due to:

delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control;
any of your instructions not being sufficiently clear;
any failure by you to provide correct or requested information (including a failure to provide correct bank account details);
any system or software or hardware failures or industrial disputes;
our taking any action required by any governmental, federal or local law or regulation or court order; and
any breach or violation of the Terms by you.

We reserve the right to restrict, suspend or terminate without notice any Content or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access information related to your Account or Payments.

We are not liable to you or anyone else if interference with or damage to your computer or mobile phone systems occurs in connection with the use of the Websites or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Websites is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer or mobile phone systems.

11. Accuracy, completeness and timeliness of information

While we use all reasonable attempts to ensure the accuracy and completeness of the information within the Websites, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Websites. You should monitor any changes to the information contained on the Websites.

We may, from time to time and without notice, change or add to the Websites or the information, products or services described in them. However, we do not undertake to keep the Websites updated.

12. Liability

Except to the extent otherwise provided by law (including any rights that you may have under the Australian Consumer Law), in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Websites and/or the information or materials contained on it, or as a result of the inaccessibility of the Websites and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

We are not liable to you or anyone else if interference with or damage to your computer or mobile phone systems occurs in connection with the use of the Websites or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Websites is free of viruses or anything else (such as malware or adware) that may interfere with or damage the operations of your computer or mobile phone systems.

13. Notice and takedown procedure

If you consider that nay of the Content or Websites infringes on your intellectual property rights, or is in breach of these Terms, please contact us and specify the following information to enable us to address the matter:

your name
your address
your phone number
information to allow us to find the relevant content within the Websites
a description of the items or items that you believe is in breach of your intellectual property rights or these Terms, and the reasons for this; and
where applicable, details of the owner of the content (and if you are the not the owner, the capacity in which you are acting on their behalf).

14. Jurisdiction and governing law

Your use of the application and these Terms are governed by the laws in force in Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

15. Severability

If any provision of these terms and conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of any of the remaining terms and conditions.

Part B Online Shop Account Portal

These Terms in Part B apply to users of the Online Shop Account Portal in addition to the terms in Part A.

16. Grant of Licence

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use and access the Online Shop Account, in accordance with these Terms, for the duration of the terms as set out in clause 17.

17. Commencement, Suspension, Termination and Cancellation

An online shop account (online shop Account) commences when you create an account in accordance with clause 18 and continues until:

you cancel your Online Shop Account in accordance with this clause 18;
you terminate your Online Shop Account in accordance with the Terms (including as set out in this clause 18); or
we cease to operate the Online Shop Account Portal

If:

you breach the Terms;
we suspect (in our sole discretion) that you have committed or intend to commit fraud in connection with the Western Australia container deposit scheme established under Part5A of the Waste Avoidance Resource Recovery Act 2007 (WA) (Scheme);
we consider that you have provide us with information that you know, or ought to know, is false or misleading; or
we consider that your Online Shops Account is being, or may be, user (either by you or a third part) in a matter which is contrary to the proper operation of the scheme,

we may (without notice):

immediately suspend or terminate your Online Shop Account and access to the Online Shop Account Portal; and
prevent your further access to the Online Shop Account Portal.

To the full extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result of us exercising our rights under this clause 17.

You may request to cancel your Online Shop Account at any time by contacting us on 13 42 42 or emailing [email protected].

Upon termination, you must cease all use of the ONline Shop Account Portal, and we reserve the right the delete your Online Shop Account and any data we have in relation to your Online Shop Account.

In the event that a technical problem causes system outage or account errors, we may temporarily suspend access to your account until the problem is resolved.

If you consider that our termination of you Online Shop Account under this clause 17 will adversely impact you capacity to fulfill your (or your related entity's) obligations under an agreement with us, please contact as soon as practicable.

18. Online Shop Account registration

You may, subject to these Terms, register for a general Online Shop Account to help facilitate your use of our Online Shop. An Online Shop Account is separate from a Portal Account used for the Container For Change Account Portal. For the Terms applying to the use of a Portal Account on the Containers for Change Account Portal, please refer to Part C of these Terms.

If you are under the age of 13 years, you may not create an Online Shop Account. If you are 13 or older, but under the age of 18, you represent that you are reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent of guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

exercise supervision over the Minor's use of our Websites and accounts;
assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the internet;
ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
assume liabilities resulting from the Minor's use of the our website and their account;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in these terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Websites and your Online Shop Account on this basis.

After creation of your Online Shop Account, we will provide you with a user name and password for your account to your nominated contact details. You are responsible for keeping these user name and password secure and are responsible for all use and activity carried out under this user name.

19. Use of the Online Shop Account

You agree not to, in any circumstances, sell or licence or offer for sale or licence your Online Shop Account, nor to allow any person to use or have access to your username or password, other than as permitted by the terms, and otherwise agree to use your Online Shop Account on the Websites in accordance with clause 7 of these Terms. Where a user has provided the correct user name and password in relation to your Online Shop Account, we are entitled to consider (acting reasonably) that user to be you.

20. Audit

You acknowledge that we may, at any time and for any purpose in relation to the operation of the Scheme (including your participation in the Scheme), conduct an audit of any and all information and data which has been provided to us, or which we otherwise hold, in relation to the Scheme. This may include a review of your contact centre interactions and account history.

Part C Containers for Change Account Portal

These terms in Part C apply to users of the Containers for Change Account Portal in addition to the Terms in Part A.

21. Grant of Licence

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use and access the Containers for Change Account Portal, in accordance with these Terms, for the duration of the terms as set out in clause 22.

22. Commencement, Suspension, Termination and Cancellation

A portal account (Portal Account) commences when you create an account in accordance with clause 24 and continues until:

you cancel your Portal Shop Account in accordance with this clause 22;
we terminate your Portal Account in accordance with the Terms (including as set out in this clause 22); or
we cease to operate the Containers for Change Account Portal.

If:

you breach the Terms;
we suspect (in our sole discretion) that you have committed or intend to commit fraud in connection with the Western Australia container deposit scheme established under Part 5A of the Waste Avoidance Resource Recovery Act 2007 (WA) (Scheme);
we consider that you have provide us with information that you know, or ought to know, is false or misleading; or
we consider that your Portal Account is being, or may be, user (either by you or a third part) in a matter which is contrary to the proper operation of the scheme,

we may (without notice):

immediately suspend or terminate your Portal Account and access to the Containers for Change Account Portal;
prevent your further access to the Containers for Change Account Portal.

To the full extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result of us exercising our rights under this clause 22.

You may request to cancel your Portal Account at any time by contacting us on 13 42 42 or emailing [email protected].

Upon termination, you must cease all use of the Containers for Change Account Portal, and we reserve the right the delete your Online Shop Account and any data we have in relation to your Portal Account.

In the event that a technical problem causes system outage or account errors, we may temporarily suspend access to your account until the problem is resolved.

If you consider that our termination of you Portal Account under this clause 22 will adversely impact you capacity to fulfill your (or your related entity's) obligations under an agreement with us, please contact as soon as practicable.

23. Use of Portal Account

You agree not to, in any circumstances, sell or licence of offer for sale or licence your Portal Account, nor to allow any person to use or have access to your username or password, other than as permitted by the Terms.

24. Containers for Change Account Portal Registration

You must be a registered member to access the services available through the Containers for Change Account Portal. During the registration process, you will be required to create a Portal Account.

If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a minor, to create an account, you agree to:

exercise supervision over the Minor's use of our website and account;
assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
assume liabilities resulting from the Minor's use of our website and their account;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

After account creation, we will provide you with a user name and password for your account. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

25. Payments

You may use the Containers for Change Account Portal and your Portal Account to arrange for any amounts which you are entitled to under the Scheme to be paid to you via electronic funds transfer to your nominated bank account (Payment).

Payment amounts will be calculated by us:

in accordance with the Waste Avoidance and Resource Recovery Act 2007 (WA); and
based on data provided to us by container refund point operators in relation to the number of containers you have deposited.

You are responsible for the accuracy of your instructions for all Payments, including in relation to the details of your nominated bank account. Instructions once sent may be final and irrevocable, so that it will not be possible to retrieve funds sent in error.

It is important that you promptly review your payment history and or any account statements that you may receive to ensure that Payments are accurate.

23. Container count and audit

Container refund point operators are independent businesses contracted by us to provide consumers with container count and refund services.These Terms do not supplant these terms arising out of a scheme agreement or other agreement with us.

We accept no responsibility for any inaccuracies in the data received by us from container refund point operators, including inaccurate information regarding the number of containers you have deposited.

You may report suspected counting errors to us to assist us in improving our services to you. Contact us by calling 13 42 42 or emailing [email protected].

27. Nominated bank account

You will be asked to nominate the bank account where you would like Payments to be sent. The account must be a valid account at an Australian financial institution which accepts such payments.

28. Receipt by the payee

We accepts no responsibility for the timing of receipt of Payments. Timing of the making of Payments is contingent on a number of factors and may be prolonged for reasons including delays relating to:

the collection, assessment and confirmation of deposited materials by a container refund point operator; or
the provision to us of information from a container refund point operator.

Further, delivery of payments are reliant on the Bulk Electronic Clearing System (BECS), which is neither owned nor operated by us.

29. Privacy

During the registration process, you will provide us with personal information including your name, address, email address, telephone number and bank account details.

You may also be required to provide a copy of an identification document and/or such other identifying and verifying information as we determine from time to time in our discretion (ID Documentation) prior to us processing a Payment or otherwise at our discretion. WARRRL may seek to furhter verify the ID Documentation and/or perform a background check prior to processing a payment. You consent to such checks for purposes of confirming your identity. You understand that failure to provide any of the information we request from time to time may result in your Portal Account being frozen and/or terminated without further notice and Payments being cancelled.

We collect personal information about you in order to process your registration, allow you to use the Containers for Change Account Portal and to process Payments to you in connection with the Scheme.

See clause 4 above and our Privacy Policy for more information on how we collect, store and share personal information.