Recycle for Refunds Mobile Application – Terms and Conditions

  1. Customers acknowledge and agree they are entering into a commercial agreement with the Operator by providing their contact details and their Containers for Change Member Number to the Operator via the Recycle for Refunds mobile application (App) or directly to the Operator and ordering a pickup service using the App or directly with the Operator where the App will be utilised to schedule and facilitate the pickup service.\

  2. In accordance with the requirements of regulation 4E(1)(c) of the Regulations, and in relation to all containers transported by the Operator for the Customer under this Agreement, the Customer warrants to the Operator:

                 (a) that the containers were collected in the State for the purpose of claiming the refund amount under the Scheme; and

                 (b) that the Customer reasonably believes that:

                          (i)  all of the containers were first supplied in the State on or after the appointed day for section 47E of the Act; and

                          (ii)  the relevant beverage product in relation to each container is an approved beverage product; and

                          (iii)  a refund amount has not previously been paid for any container; and

                          (iv)  none of the containers are or were part of a bale.

  1. The Customer must:

                (a) not breach any of the warranties in clause 2;

                (b) not, by any act or omission of the Customer, or persons in respect of whom the Customer is vicariously liable, cause the Operator to contravene the Act or other applicable law;

                (c) comply with the Act and all other applicable laws in carrying out its obligations and exercising its rights under the Agreement;

                (d) ensure that each container/item transported by the Operator for the Customer under the Agreement is:

                         (i) an eligible beverage container; and

                         (ii)  empty; and

                         (iii)  whole (except for the lid); and

                         (iv)  lid free (no lid attached); and

                         (v)  not a contaminated container; and

                         (vi)  able to be ascertained as the relevant beverage product by the Operator; and

                         (vii)  in such a condition that the Operator is reasonably able to confirm that it is an eligible container.

      4. The Customer agrees the Operator may charge a fee:

               (a)  for transport of $0.03 per eligible container transported to the Operator for sorting, counting, and processing of any refund claims; and

               (b)  for handling/disposal of $0.10 per item handled by the Operator that is not compliant with terms 2 and/or 3 herein.

     5. The Customer agrees to pay the Operator any owing fees from the refund amount by transferring the equivalent number containers (rounded to the nearest whole container) to the Operator. (E.G. $11.34 in fees will equal 113      containers transferred to the Operator).

     6. The Operator reserves the right to refuse to transport items not compliant with terms 2 and/or 3 herein, should the Operator feel there is a significant quantity of noncompliant items and the Operator may deduct a futile transport fee of $10.00 from the next viable container refund amount or invoice the Customer.

     7. The Customer agrees the Operator may collect and retain this agreement in accordance with the Act and any other applicable laws pertaining to Container Refunds in the state of Western Australia.

     8. The parties acknowledge and agree the Agreement may function as a bulk claim arrangement for the purpose of regulation 4E of the Regulations.

     9. In the event a bulk refund claim requires the provision of suitable identification as per the Act, the Customer shall provide the required information/documentation as may be requested by the Operator and/or the Scheme Coordinator.

    10. This Agreement states the express terms of the agreement between the parties, and supersedes all prior discussions, understandings, and agreements, in respect of its subject matter.

    11. A variation of any term of the Agreement will be of no force or effect unless it is in writing and signed by the parties.

    12. Definitions:

               (a) In these terms each of the following terms has the meaning ascribed to it in the Waste Avoidance and Resource Recovery Act 2007 (WA) or the Regulations (as applicable): 'approved beverage product', 'bale', 'beverage product', 'bulk claim arrangement', 'bulk quantity', 'container', 'refund amount', 'refund point operator', 'relevant beverage product' and 'State'. In addition, in these terms:

                         (i)  Act means the Waste Avoidance and Resource Recovery Act 2007 (WA) and includes the Regulations and all other delegated legislation made under it, together with all amendments, consolidations, replacements or re-enactments of any of them;

                         (ii)  Eligible Container/Eligible Beverage Container means any drink container approved for a refund payment according to the Act;

                         (iii)  Operator means Recycle for Refunds and/or other legal entity registered under the ABN 76 714 480 209;

                         (iv)  Regulations means the Waste Avoidance and Resource Recovery (container Deposit Scheme) Regulations 2019 (WA); and

                         (v)  Scheme means the container deposit scheme established by Part 5A of the Act.

                         (vi)  Scheme Coordinator means Western Australia Return Recycle Renew Limited (WARRRL) as appointed in accordance with the Act and may sometimes be referred to as “Containers for Change”.