Terms and conditions.
Website Terms and Conditions of Use
About the Website
Welcome to envirobank.com.au (Website).
The Website facilitates interactions between:
(a) Envirobank Recycling (Australia) Pty. Ltd. (ABN 15 140 791 605) (We, Us, Our, Ours), a recycling company offering automated recycling services and a loyalty program called Crunch; and
(b) Members (You, Yours) who wish to earn Crunch Credits by presenting Eligible Beverage Containers to Us for recycling and then redeeming Crunch Credits for Rewards.
Access to and use of the Website, the Services and Crunch is subject to these terms and conditions as amended from time to time (Terms).
In these terms and conditions of use, the Services that We provide to You are called the Services. The Services includes Crunch.
Crunch Credits are the points earned by a Member in Our loyalty program, Crunch.
CDS means the legal system under which Beverage Containers are recycled using deposits and refunds.f
Eligible Beverage Containers means beverage containers that attract a deposit and refund under the CDS in the state or territory where the filled Eligible Beverage Container was first sold to the public
RVM is a Reverse Vending Machine operated by us that accepts Eligible Beverage Containers for recycling.
Rewards are products or services that Members can take up in exchange for (redeem) Crunch Credits. Crunch Credits are redeemed online or on the interactive screen at a RVM.
Updating these Terms
We may review and change any of these Terms at Our sole discretion by updating this page.
If We do update these Terms, We will use reasonable endeavours to provide You with notice of those updates. Any changes to the Terms take immediate effect from the date of their publication on the Website.
We recommend you keep a copy of these Terms for your records.
Acceptance of the Terms
If You do not agree to these Terms, You must immediately cease use of the Website and the Services.
By using, browsing and/or reading the Website, You are taken to have read, understood and agreed by these Terms.
Also You are taken to have accepted and agreed to be bound by these Terms by registering for the Services and/or making or receiving any payment or rewards.
You may also accept these Terms by clicking to accept or agree to the Terms where and if this option is made available to You on the Website.
In order to access the Services, You must register for an account (Account) through the Website.
As part of the registration process, or as part of your continued use of the Services, You may be required to provide Us with personal information (Information) about yourself (such as identification or contact details), including:
(a) your email address
(b) your full name
(c) your postcode
(d) a password
3.3. You warrant that any Information You give to Us is accurate, correct and up to date.
3.4. Once You have completed the registration process, You will be a registered member of Crunch (‘Member‘).
3.5. You are not eligible to be a Member and You may not use the Services if:
(a) You are not 18 years of age or older;
(b) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Services.
Once your registration has been successfully completed, we will send You Your Membership card. Your Membership card may take up to 14 days to be delivered to You.
Your obligations as a Member
As a Member, You agree to comply with the following:
(a) You will not share your profile or Membership card with any other person;
(b) You will use the Services only for purposes that are permitted by:
- these Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
You must not give or allow any other person to use Your membership number, password or other credentials.
You have sole responsibility for protecting the confidentiality of Your membership number, password and email address. We may immediately cancel Your membership and Your access to the Services if You give or allow any other person to use Your membership number or password.
You agree to immediately notify Us of any unauthorised use of Your password, membership number or email address or any breach of security of which You become aware.
You must not expressly or impliedly impersonate another Member or use the profile, Membership number, Membership card or password of another Member at any time.
Any content that You broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) must be accurate, correct and up to date and You must maintain reasonable records of Your Content.
You must not harass, impersonate, stalk or threaten another Member (where interaction with other Members is made available to You);
Access to and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of accessing the Services.
You must not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Us in writing.
Crunch Credits are not transferable and cannot be combined with Crunch Credits from another Member’s account.
You must not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
You agree that We may remove commercial advertisements, affiliate links and other forms of solicitation without notice and we may also terminate your access to the Services in our complete and unfettered discretion.
You acknowledge and agree that any automated use of the Website or its Services is prohibited.
Crunch – Our rewards program
Once you are a Member, we will send you a Membership card.
The Membership card must be scanned to accrue Crunch Credits at the time Eligible Beverage Containers are presented by You for recycling.
Once enough Crunch Credits are generated, Members can redeem and receive rewards through the Website.
Crunch Credits are earned when a Member presents Us with uncontaminated Eligible Beverage Containers for recycling in one of Our RVMs or at one of Our depots.
We may investigate any suspected fraudulent or other inappropriate activity at any time and We may reverse any Crunch Credits or rewards if We find they were obtained by inappropriate or illegitimate means.
If You have a query about the amount of Crunch Credits in Your account or if You believe there is a discrepancy in Crunch Credits in Your account, You must to contact us in writing and explain Your query within 30 days of the disputed transaction occurring.
Each Membership and account is valid in the Australian state or territory in which the Member resides. If You move to or visit another state or territory and would like to access Crunch, You must register for a new Account.
For each uncontaminated Eligible Beverage Container presented by a Member to Our RVM or Our depot with the Member’s Membership card the Member earns 15 Crunch Credits.
Rewards may take up to 30 days to process and once processed it may take a further 30 days to deliver the Reward to You.
If You choose to donate your Crunch Credits to Our chosen charity the donation is not tax-deductible.
We charge Your account an administrative fee of 1% of the dollar value donated for processing charitable donations.
Additional campaigns, services and tools used to promote Crunch, such as mobile apps, major prize draws and other similar offers, will be subject to additional terms and conditions that We will publish or make available with those campaigns, services or tools.
We will only make cash payments or electronic fund transfers or give rewards to Members living in states or territories of Australia where Container Deposit Legislation and a 10 cent refund for recycling drink containers is in place.
You agree that if the reward You select is of greater value than the Crunch Credits available for redemption, then You must pay for gap that We tell you to pay before You are entitled to the reward.
All payments to You are made using Paypal (‘PayPal‘).
In using the Website or the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website – www.paypal.com.au.
Refund and Exchange Policy for Rewards
Your selection and purchase of rewards, offers and vouchers is final and cannot be refunded in Crunch Credits or in cash or exchanged for other rewards. In cases where the rewards are provided by third party providers, the Member must accept and agree to be bound by that third party provider’s terms and conditions.
Notwithstanding the above clause, if You are unsatisfied with the services provided by a specific reward provider or You have received faulty products or services, then You must contact Us through the ‘Contact us’ section of the Website and outline in writing to Us within 14 days of redeeming the reward why You believe You are entitled to any redress. Our decision will be final and binding on You. Cash refunds will not be made under any circumstances.
Copyright and Intellectual Property
The Website, the Services and all of Our related products are protected by intellectual property laws.
The material on the Website is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Us or Our contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Us and We grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member limited to:
(a) use of the Website pursuant to the Terms;
(b) copying and storing the Website and the material contained in the Website in Your device’s cache memory; and
(c) printing pages from the Website for Your own personal and non-commercial use.
We do not grant to You any other rights whatsoever in relation to the Website or the Services or any of Our other intellectual property. All other rights are expressly reserved by Us.
We retain all rights, title and interest in and to the Website and all related Services.
Nothing You do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation or modification of such a thing, system or process)
You may not, without Our prior written permission and the written permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Where You broadcast, publish, upload, transmit, post or distribute Your Content on or to the Website, then you grant to Us a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at Your own risk. Everything on the Website and comprising the Services is provided to You “as is” and “as available” without warranty or condition of any kind. None of Our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products or Services (including Our products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of You using the Website, the Services or any of Our products; and
(d) the Services or operation in respect to links which are provided for Your convenience.
You acknowledge that the Website and the Services are only intended to facilitate the interactions between You and Us and we do not offer any services other than the Services and we have no liability to You as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
Limitation of Liability
Our total liability to You arising out of or in connection with Your use of the Website or the Services however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
You expressly understand and agree that We and Our affiliates, employees, agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that We are not liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You as a result of providing Your Content to the Website.
Termination of Membership
If You want to cancel Your Membership, You must give Us 30 days’ notice of Your intention to terminate by sending notice of Your intention to terminate to Us via the ‘Contact Us’ link on Our homepage.
If You cancel Your Membership Your Crunch Credits become invalid.
We may at any time, terminate Your Membership or Your access to the Website if:
(a) You have breached any provision of these Terms or You indicate or We infer that You intend to breach any such provision;
(b) We are required to do so by law;
(c) We cease to or are transitioning to no longer providing the Services to Members in the state in which you are resident or from which you use the Services; or
(d) the provision of the Services to You is, in Our opinion no longer commercially viable.
Subject to local applicable laws, We reserve the right to discontinue or cancel Your Membership at any time without reason and We may suspend or deny, in Our sole and unfettered discretion, Your access to all or any portion of the Website or the Services without notice to You if You breach any provision of these Terms or any applicable law or if Your conduct impacts (or has the potential to impact) Our name or reputation or violates (or has the potential to violate) the rights of another party.
When Your Membership comes to an end, all of the legal rights, obligations and liabilities that you and We have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content or reward providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach by You of these Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the head of an appropriate mediation body selected from the Australian Mediation Register or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, New South Wales.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Envirobank Recycling (Australia) is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws in various states in Australia and may be updated from time to time. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the relevant state where the dispute arose, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that these Terms are fair and reasonable and that they have had the opportunity to obtain independent legal advice in relation to them.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.