TOMRA Cleanaway (Victoria) Pty Limited ACN 659 247 917 (“TOMRA Cleanaway (Victoria)“, “we“, “us“, “our” and similar grammatical forms) is a network operator of the Victoria container deposit scheme (“VIC CDS“). The VIC CDS was established under Part 6 of the Waste Reduction and Recycling Act 2021 (VIC).  The VIC CDS operates under the name TOMRA Cleanaway Victoria and CDS VIC.

In its role as network operator, TOMRA Cleanaway (Victoria) Pty Limited offers a mobile application (the “CDS VIC West App“) that can be downloaded to your phone or other mobile device and be used as a digital payment solution for the payment to you of the refund amounts payable under the VIC CDS for returning suitable eligible containers to any approved collection point in Victoria .

Please read these terms and conditions (“Terms“) carefully before using the CDS VIC West App. These Terms constitute an agreement between you (“You” and other similar grammatical forms) and TOMRA Cleanaway (Victoria). By using the functionality of the TOMRA Cleanaway VIC website at (“www.tomracleanaway.com.au“) and/or the CDS VIC West App (collectively the “CDS VIC West App Services “), You agree to be bound by these Terms. These Terms apply to the maximum extent permitted by law.

The CDS VIC West App allows You to be paid (and deal with) the refund amounts (the “Refund Amounts “) which are payable to You under the VIC CDS for returning suitable eligible containers to a participating collection point in Victoria in any of the following ways, as selected by You at Your option:

• if You have returned the containers into a reverse vending machine at a collection point operated by TOMRA Collection Pty Limited (“TOMRA”), You can elect to be paid the Refund Amounts by receiving an electronic voucher which You can then redeem either for cash or apply as a credit against a purchase from the retailer specified by TOMRA on the voucher. The voucher is issued in electronic form and held in your CDS VIC West App account;
• by donating the Refund Amounts to a charity selected by You when using the CDS VIC West App;
• by electronic funds transfer of the Refund Amounts to Your nominated bank account; or
• by transfer of the Refund Amounts to Your PayPal account.

The Refund Amounts to which You are entitled when returning the containers will be calculated by us:

• in accordance with the Waste Reduction and Recycling Act 2021(VIC); and
• based on data provided to us by the operator of the collection point at which You have returned Your suitable eligible containers.

If you elect to be paid Refund Amounts by way of receiving electronic vouchers, each voucher must be redeemed within three (3) years from the date of issue of that voucher otherwise it will expire and cease to be of any value and will not be able to be redeemed, either for cash or as a credit against a purchase from the relevant retailer as specified by TOMRA.

Further, if any credit for Refund Amounts remains in your CDS VIC West App account at the time Your account is deleted (for any reason) then You waive title to and lose all rights to that credit balance if you fail to properly transfer the credit balance by either of the methods referred to in paragraphs (c) and (d) above. (For example, a credit balance may remain in Your CDS VIC West App account if your PayPal account has not been appropriately linked or a requested electronic funds transaction has failed.)

If You download, use and/or access the CDS VIC West App through the Apple App Store, in addition to these Terms You agree to be bound by the additional terms and conditions set out in Appendix A. If You download, use and/or access the  CDS VIC West App through Google Play, in addition to these Terms You also agree to be bound by the Google Play Terms of Service which are published by Google LLC (a copy of which is available on the Internet at https://play.google.com/about/play-terms/index.html) and by the Google Terms of Service which are also published by Google LLC (a copy of which is available on the Internet at https://policies.google.com/terms?hl=en-US).

Your account

To receive payment of Refund Amounts through the use of the CDS VIC West App, You will need to download the CDS VIC West App and register and create an account by providing the required registration information. In completing this process, You agree to provide true, accurate and complete information about yourself, and to promptly update this information when it changes.

When creating an account, You will be asked to nominate a bank account where you would like cash payments of Refund Amounts to be sent. The bank account must be a valid account at an Australian financial institution which accepts such a payment.

Alternatively, You may elect to receive your cash payment via PayPal instead of your nominated bank account. When creating Your CDS VIC West App account, simply choose PayPal as your default payment option and you will be prompted to open a new (or login to an existing) PayPal account.

TOMRA Cleanaway (Victoria) accepts no responsibility for the timing of receipts of payments. Timing of payment is contingent on a number of factors and may be prolonged for reasons including delays relating to:

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

Further, delivery of payments to You are reliant on the payment processing systems used by banks and by PayPal, which are neither owned nor operated by TOMRA Cleanaway (Victoria)

If You login to the CDS VIC West App through a third-party service, Your credentials (e.g., username and password) from that third-party service will be required. You are solely responsible for keeping Your account credentials private and secure. You must provide TOMRA Cleanaway (Victoria) with prompt notice in the event You suspect that Your account or third-party account used to access the CDS VIC West App is compromised. Any activity on the CDS VIC West App by You or others You have permitted to use Your account credentials is Your sole responsibility.

You may delete Your account by contacting TOMRA Cleanaway (Victoria) by telephone on 1800 237 842 or by email at help@tomracleanaway.com.au. You must withdraw any accrued credit balance for Refund Amounts before account deletion. If the account holder is not able to contact TOMRA Cleanaway (Victoria) (due to incapacity, death or other reasons), the request to delete the account may be submitted by a third party with pertinent documentation supporting the request, which TOMRA Cleanaway (Victoria). shall review and determine in its sole discretion. In doing so such third party will be bound by these Terms. Upon deletion of Your account (for any reason), You waive title and all rights in any accrued credit balance for Refund Amounts that has not been paid to You within thirty (30) days after deletion of the account. Any accrued credit balance for Refund Amounts not paid to You within 30 days after deletion of Your account may be used by TOMRA Cleanaway (Victoria) at its sole discretion for any purpose decided by TOMRA Cleanaway (Victoria) If after deletion of Your account You subsequently wish to resume use of the CDS VIC West App Services, You may create a new account.

Use of CDS VIC West App Services

Subject to these Terms, TOMRA Cleanaway (Victoria) grants You a revocable, non-exclusive, non-transferable, non-sublicensable right to download, use and access the  CDS VIC West App on a device that You control, solely for Your personal use for the period commencing when You create an account to use the CDS VIC West App until the earlier of (i) You cancel or delete Your account in accordance with these Terms; (ii) we terminate Your account in accordance with these Terms; or (iii) we cease to operate the CDS VIC West App.

When using the CDS VIC West App Services, You shall at all times comply with these Terms and You may not attempt, permit or enable others to:

• violate any applicable laws or regulations while using the CDS VIC West App Services or upload, make available and/or share any information which (i) violates the rights of third parties, including but not limited to, any intellectual property rights or the privacy rights of third parties, or (ii) contains any false, fraudulent, unlawful, harmful and/or defamatory material;
• take any action that imposes an unreasonable burden on TOMRA Cleanaway’s (Victoria) server;
• use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the CDS VIC West App Services or any activity being conducted on the CDS VIC West App Services;
• scan and/or test the vulnerability of the CDS VIC West App Services or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on the CDS VIC West App Services; or
• reverse engineer or otherwise use the CDS VIC West App Services in any way to develop, test, enhance or calibrate any models, system or software that are similar to any of the features of the CDS VIC West App Services.

TOMRA Cleanaway (Victoria) reserves the right to temporarily suspend or terminate Your access to the  CDS VIC West App Services immediately and without liability if TOMRA Cleanaway (Victoria)in its sole discretion determines that You are (i) in breach of these Terms; (ii) if TOMRA Cleanaway (Victoria)suspects unauthorized use of Your account; (iii) we consider (in our sole discretion) that you have committed or intend to commit fraud in connection with the VIC CDS; or (iv) we consider that you have provided us with information that you know, or ought to know, is false or misleading. In such an event, TOMRA Cleanaway (Victoria) will notify You as soon as reasonably possible. TOMRA Cleanaway’s (Victoria)right to suspend or terminate Your access to the CDS VIC West App Services shall be without prejudice to TOMRA Cleanaway’s (Victoria) other remedies under these Terms or otherwise in law.

TOMRA Cleanaway (Victoria) reserves the right to audit Your account at any time to verify your compliance with these Terms, with or without notice. TOMRA Cleanaway (Victoria) reserves the right to investigate any suspected fraud or other inappropriate activity at any time and to revoke any accrued credit balance for Refund Amounts in your account which has not already been paid to You which appear to have been obtained by inappropriate or illegitimate means.

TOMRA Cleanaway (Victoria) reserves the right to seek restitution for the full value of any Refund Amounts acquired through improper means, as well as legal fees and other costs associated with such action. Any abuse of the CDS VIC West App Services by You may also result in criminal penalties.

Intellectual property rights

You acknowledge and agree that title and all intellectual property rights in the CDS VIC West App Services and any text, graphics, images, trademarks, trade names, service marks, logos and other content available therein are owned by or licensed to TOMRA Cleanaway (Victoria), that the CDS VIC West App Services (including the CDS VIC West App) are licensed (not sold) to You, and that You have no rights in, or to, the CDS VIC West App Services (including the CDS VIC West App ) other than the right to use set out in these Terms.

Disclaimer and limitation of liability

All use of the CDS VIC West App Services by You or anyone on Your behalf is at Your own risk. To the extent permitted by law, TOMRA Cleanaway (Victoria) makes no warranties or representation as to the validity, accuracy, correctness, suitability, availability or timeliness of the functionality and contents in either the CDS VIC West App or the TOMRA Cleanaway (Victoria) Website. Further, TOMRA Cleanaway (Victoria) does not warrant or represent that either the CDS VIC West App or the TOMRA Cleanaway (Victoria) Website will be free from errors, viruses or similar contamination or destructive features. To the extent permitted by law, the CDS VIC West App Services (including the CDS VIC West App) are provided to You on an “as is” and “as available” basis without any warranties of any kind and Your sole remedy in case of dissatisfaction shall be to discontinue Your use of the CDS VIC West App.

Certain rights and remedies may be available to You under the Competition and Consumer Act 2010 (Cth) and similar legislation of other States and Territories of Australia and may not be permitted by law to be excluded, restricted or modified. To the extent permitted by law, TOMRA Cleanaway’s (Victoria) liability for breach of any implied warranty or condition that cannot be excluded is restricted, at TOMRA Cleanaway’s (Victoria) option to: in the case of services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services re-supplied; and in the case of goods supplied or offered by us, the replacement or repair of the goods or the payment of the cost of having the goods replaced or repaired.

To the extent permitted by law, TOMRA Cleanaway (Victoria) shall not be liable for any indirect, incidental, special and/or consequential losses or damages, including but not limited to, loss of profits, loss of sales, loss of business, business interruption, loss or corruption of data or information, loss of business opportunity, loss of goodwill and/or loss of reputation arising out of or in any way connected with the use and/or inability to use the  CDS VIC West App Services.

Indemnity

You agree to indemnify and hold TOMRA Cleanaway (Victoria) and its officers, employees, contractors and agents harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from Your breach of these Terms or Your access, contribution to, use or misuse of the CDS VIC West App Services. TOMRA Cleanaway (Victoria) shall provide notice to You of any such claim, suit or proceeding. TOMRA Cleanaway (Victoria) reserves the right to, at TOMRA Cleanaway’s (Victoria) sole discretion, assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting TOMRA Cleanaway’s (Victoria) defence of such matter. For the purpose of these Terms, TOMRA Cleanaway (Victoria) enters into the contract with You resulting from your agreement to these Terms as agent or trustee for its officers, employees, contractors and agents so that TOMRA Cleanaway (Victoria) can enforce this indemnity on their behalf.

Registration by children

If You are under the age of 13 years, You may not create an account to use the CDS VIC West App. 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 person under the age of 18 (a “Minor“) to create an account, you agree to:

• exercise supervision over the Minor’s use of the CDS VIC West App and account;
• assume all risks associated with the Minor’s use of the CDS VIC West App and their account, including the transmission of content or information to and from third parties via the Internet;
• assume liabilities resulting from the Minor’s use of the CDS VIC West App 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 the CDS VIC West App and Your account on this basis.

Changes

You acknowledge and agree that TOMRA Cleanaway (Victoria), at any time, may modify these Terms and/or the CDS VIC West App Services. Notification of any such modification will be notified to You either by email or by a notice appearing on the TOMRA Cleanaway (Victoria) Website. You are expected to review these Terms on a regular basis, as any modification will be binding on You if You continue to use any of the CDS VIC West App Services. If You do not agree to the modified Terms, You must discontinue the use of the CDS VIC West App Services.

Privacy

When You register and create an account to use the CDS VIC West App Services, You will provide us with personal information, including your name, email address and bank account and/or PayPal account details.

The collection, use, storage and disclosure of any personal information that You provide to us through accessing or using the  CDS VIC West App Services is governed by the  CDS VIC West App Privacy Policy which can be accessed here.

Our CDS VIC West App Privacy Policy explains: (i) how we collect, use, store and disclose, and how you may access and correct, Your personal information; (ii) how You can lodge a complaint regarding the handling of Your personal information; and (iii) how we handle any complaint.

Links to other websites

The TOMRA Cleanaway (Victoria) Website and the CDS VIC West App may contain links to websites on the Internet owned and operated by third parties and which are not under our control.

In relation to the other websites on the Internet, which are linked to the TOMRA Cleanaway (Victoria) Website or the CDS VIC West App, we:

• provide those links to You as a convenience to You and the existence of a link to other websites does not imply any endorsement by us of the contents of the linked website; and
• are not responsible for the material contained on those linked websites.

Miscellaneous

The failure of TOMRA Cleanaway (Victoria) to enforce at any time, or for any period of time, any provision of these Terms, or to take any discretionary action under these Terms, shall not be construed to be a waiver of such provisions or of the right of TOMRA Cleanaway (Victoria) to enforce each and every provision of these Terms.

If any provision of these Terms is held by any competent authority to be invalid, void or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

TOMRA Cleanaway (Victoria) may assign its rights and obligations under these Terms without your consent. You may only assign Your rights and obligations under these Terms if TOMRA Cleanaway (Victoria) agrees in writing.

These Terms shall be governed by, and construed in accordance with, the laws of the State of Victoria and shall be subject to the exclusive jurisdiction of the courts of Victoria.

Contact and suggestions

You agree to receive electronic communications from TOMRA Cleanaway (Victoria) in connection with the CDS VIC West App Services. If You need to contact TOMRA Cleanaway (Victoria) regarding any of the CDS VIC West App Services, please contact us on 1800 237 842 or at customerservice.vic@tomracleanaway.com.au

Feel free to submit Your ideas, feedback and suggestions (“Suggestions”) that might help us improve Your and other users’ use of the CDS VIC West App Services. By sending us Suggestions, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, modify, copy, distribute and, in any other way, utilize Your Suggestions.

Appendix A

The Terms are between You and TOMRA Cleanaway (Victoria)only, and not Apple Pty Limited ABN 46 002 510 054 (“Apple”). TOMRA Cleanaway (Victoria), not Apple, is solely responsible for the CDS VIC West App Services (including the CDS VIC WestApp) and the content available therein. Although Apple is not party to these Terms, You acknowledge and agree that Apple is a third party beneficiary of these Terms, and that Apple has the right to enforce these Terms against You. If there are any conflicts between these Terms and the Apple Media Services Terms and Conditions for Australia (which are available on the Internet at https://www.apple.com/au/legal/internet-services/itunes/au/terms.html and through the Apple App Store via the Terms & Conditions link, as updated by Apple from time to time), the Apple Media Services Terms and Conditions shall prevail. You are responsible for reviewing the current Apple Media Services Terms and Conditions.

You acknowledge and agree that for the purposes of the Apple Media Services Terms and Conditions, TOMRA Cleanaway (Victoria) is the App Provider (or the Application Provider) as defined in the Apple Media Services Terms and Conditions and that the CDS VIC West App has been made available for download from the Apple App Store by TOMRA Systems ASA as agent for TOMRA Cleanaway (Victoria).

If you download the CDS VIC West App from the Apple App Store You may not be able to use all features of the services of the CDS VIC West App when accessing them on a non-Apple branded device.

You acknowledge that TOMRA Cleanaway (Victoria), and not Apple, is responsible for addressing any claims relating to the CDS VIC West App, including but not limited to: (i) product liability claims, (ii) any claim that the CDS VIC West App fails to conform to any applicable mandatory legal or regulatory requirements, and (iii) claims arising under consumer protection, privacy or similar legislation.

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the CDS VIC West App.

You acknowledge and agree that Apple shall not be responsible for the investigation, defence, settlement or discharge of any third-party intellectual property infringement claims arising out of Your use of the CDS VIC West App.