Terms & Conditions

TERMS & CONDITIONS - DONATION

(Use of Platform and Services)

IF YOU ACCESS AND USE THE PLATFORM AND YOU SELECT THE PREMIUM SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, AS THE CUSTOMER.

1. DEFINITIONS AND INTERPRETATION

1.1 DEFINITIONS

In these Terms & Conditions, unless the context otherwise requires:

Act means the Environment Protection Act 1993.

Bin means a 240 litre wheelie bin identified with Direct Collect’s logo, as delivered by Direct Collect to the Customer’s Address in accordance with clause 2.2 and includes each replacement Bin delivered in accordance with clause 4.2(c).

Business Day means any weekday other than a day which is a public holiday in South Australia.

Charity means those deductible gift recipients (for the purposes of the ITAA) which are identified on the Platform as a charity partner of Direct Collect.

Collection Day means between 7am – 7pm on the day as selected by the Customer through the Platform for the collection of the Bin from the Customer’s Address.

Customer means the person whose details have been populated as the “Customer” on the Platform.

Customer Details means any personal information which may be kept in relation to the Customer through the Platform.

Customer’s Address means the Customer’s nominated address, as specified by the Customer on the Platform from time to time.

Deposit Container means a container with approved refund marking.

Deposit Container Payment means, in respect of each Deposit Container collected by Direct Collect from the Customer’s Bin, the sum of $0.10.

Direct Collect means Direct Collect Pty Ltd ACN 653 468 994.

Financial Year means each period from 1 July to the next 30 June in the following year.

ITAA means the Income Tax Assessment Act 1997.

Minimum Threshold means in relation to the contents of the Bin on a Collection Day, at least 200 Deposit Containers.

Nominated Charity means the Charity, as specified by the Customer on the Platform from time to time.

Platform means the combination of:

(a) firstly, the system of webpages and computer programs operated by Direct Collect and located at the Internet address known as https://direct-collect.com.au; and

(b) secondly, the system of SMS communications and notifications to and from the Customer’s mobile telephone.

Services means those services to be performed by Direct Collect pursuant to these Terms & Conditions.

Tax Receipt means a tax receipt complying with the requirements of the ITAA and including the following details:

(a) the name and ABN of the Nominated Charity;

(b) confirmation that the receipt is for a donation to the Nominated Charity;

(c) the total of the Deposit Container Payments donated by the Customer to the

Nominated Charity in accordance with clause 5.2 during the relevant Financial

Year; and

(d) any other details or information required by the Nominated Charity to be included in any such tax receipt.

1.2 Interpretation

In these Terms & Conditions unless the context otherwise requires:

(a) words which are written in italics and underlined and defined in the Act have the same meaning in these Terms & Conditions;

(b) words denoting the singular number include the plural and vice versa;

(c) references to clauses are to clauses of these Terms & Conditions;

(d) all references to money are inclusive of GST; and

(e) headings are for convenience only and do not affect interpretation.

2. THE BIN

2.1 Ownership and Licence

The Bin (including each replacement Bin) remains the property of Direct Collect at all times, but, subject to the Customer’s compliance with those obligations imposed under clauses 3.1 and 3.2 in relation to the use and care of the Bin, Direct Collect grants to the Customer a licence to use the Bin as contemplated by these Terms & Conditions.

2.2 Delivery to Customer

Within 10 Business Days after the Customer’s acceptance of these Terms &

Conditions, Direct Collect shall deliver a Bin to the Customer’s Address.

2.3 RETURN ON TERMINATION

Upon termination of these Terms & Conditions, the Customer shall make the Bin available for collection by Direct Collect during the Collection Day from the Customer’s Address.

3. CUSTOMER’S OBLIGATIONS

3.1 BIN’S EXCLUSIVE USE

The Customer agrees to:

(a) use the Bin exclusively for the collection of Deposit Containers; and

(b) keep the Bin in a secure location at the Customer’s Address at all times.

3.2 BIN CARE AND CONTENTS

The Customer must:

(a) not place inside the Bin any general rubbish, other waste products or any recyclable materials (other than Deposit Containers);

(b) look after the Bin with due care and take reasonable steps to ensure that remains clean and is not damaged; and

(c) use reasonable endeavours to compress all non-glass Deposit Containers before placing them in the Bin (in order to minimise the volume of the Deposit Containers).

3.3 NOTIFICATION TO DIRECT COLLECT

The Customer shall promptly notify Direct Collect on the Platform when the Bin is ready for collection, which means that:

(a) the Customer has:

(i) squashed, folded or otherwise compressed all non-glass Deposit Containers; and

(ii) removed all bottle caps from Deposit Containers;

(b) the Bin’s contents are exclusively Deposit Containers (and it contains nothing else); and

(c) the Bin is at least 90% full of Deposit Containers and contains no less than the Minimum Threshold.

3.4 ACCESS FOR BIN COLLECTION

The Customer must make the Bin readily accessible for collection by Direct Collect at any time during the Collection Day, including:

(a) leaving the Bin in a safe location at the Customer’s Address (for example, near a carport or garage and not on the footpath outside the Customer’s Address);

(b) leaving unlocked any gates which are required to gain access to the Bin within the Customer’s Address; and

(c) ensuring that any pets of the Customer (particularly dogs) are securely restrained at all times.

The Customer acknowledges that Direct Collect may refuse to collect the Bin if these conditions are not met.

4. DIRECT COLLECT’S OBLIGATIONS

4.1 WARRANTY

Direct Collect warrants that the Deposit Containers will be processed and counted by the operator of an approved collection depot.

4.2 BIN COLLECTION AND REPLACEMENT

Upon receipt of notification on the Platform that the Bin is ready for collection in accordance with clause 3.3, Direct Collect shall:

(a) allow the Customer to use the Platform to select a Collection Day (being no more than 10 Business Days after the Customer’s notification);

(b) during the Collection Day, arrange to collect the Bin from the Customer’s Address (subject to the Customer complying with clause 3.4); and

(c) replace (in the same location) the Bin with a clean and empty replacement Bin.

4.3 DEPOSIT CONTAINER COUNTING AND REPORTING

After collecting the Bin in accordance with clause 4.2, Direct Collect shall:

(a) count the number of Deposit Containers within the Bin; and

(b) report to the Customer through the Platform within 5 Business Days after a Collection Day:

(i) the number of Deposit Containers collected from the Bin;

(ii) the Deposit Container Payment attributable to the Deposit Containers collected from the Bin; and

(iii) the amount of the Customer’s donation to the Nominated Charity under clause 5.2.

5. PAYMENT AND DONATION

5.1 DEPOSIT CONTAINER PAYMENT

Subject to the Customer’s direction to donate to the Charity under clause 5.2, Direct Collect agrees to pay the Deposit Container Payment (for each of those Deposit Containers collected by Direct Collect from the Bin).

5.2 DONATION DIRECTION

The Customer irrevocably instructs and authorises Direct Collect to:

(a) donate to the Nominated Charity on the Customer’s behalf an amount equal to 100% of any Deposit Container Payment payable to the Customer under these Terms & Conditions; and

(b) pay on the Customer’s behalf all of those Deposit Container Payments otherwise payable to the Customer under clause Error! Reference source not found. directly to the Nominated Charity’s bank account.

5.3 TAX RECEIPT

Direct Collect agrees to issue to the Customer on the Platform, on the Nominated Charity’s behalf, a Tax Receipt within 10 Business Days after the end of each Financial Year.

5.4 CONFIDENTIALITY

Subject to clause 5.5, Direct Collect agrees to keep the Customer Details confidential.

5.5 DISCLOSURE OF CUSTOMER DETAILS

The Customer acknowledges that Direct Collect will allow access to the Charity through the Platform:

(a) to view obfuscated data reports in respect of the Customer Details (first name initial, surname and postcode);

(b) to view and audit details in respect of the Deposit Container Payments donated by the Customer to the Nominated Charity in accordance with clause 5.2;

(c) to obtain copies of Tax Receipts issued by Direct Collect to Customer on the Nominated Charity’s behalf in accordance with clause 5.3; and

(d) to such other Customer Details as reasonably required from time to time:

(i) by the Nominated Charity’s auditor;

(ii) by the Australian Taxation Office; or

(iii) otherwise by law.

6. TERMINATION

6.1 TERMINATION BY CUSTOMER

At any time and for any reason, the Customer may notify Direct Collect of the Customer’s intention to terminate:

(a) the Customer’s licence to use the Bin under clause 2.1; and

(b) Direct Collect’s provision of the Services.

6.2 TERMINATION BY DIRECT COLLECT

If either:

(a) the Customer either:

(i) fails to comply with any of the Customer’s obligations under these Terms & Conditions; or

(ii) fails to have the Minimum Threshold in the Bin on three occasions in any 12 month period; or

(iii) fails to arrange a Collection Day within 6 months after the preceding Collection Day;

or

(b) the Nominated Charity ceases to be a deductible gift recipient for the purposes of the ITAA, then Direct Collect may notify the Customer of Direct Collect’s intention to terminate:

(c) the Customer’s licence to use the Bin under clause 2.1; and

(d) Direct Collect’s provision of the Services.

6.3 CONSEQUENCES OF TERMINATION

Following a notification of an intention to terminate (whether by the Customer under clause 6.1 or by Direct Collect under clause 6.2):

(a) Direct Collect shall notify the Customer on the Platform of the next available Collection Day (being no more than 10 Business Days after such notification);

(b) the Customer shall select the Collection Day through the Platform;

(c) the Customer shall make the Bin accessible for collection during the Collection Day in accordance with clause 3.4;

(d) during the Collection Day, Direct Collect shall arrange to collect the Bin from the Customer’s Address (subject to the Customer complying with clause 3.4);

(e) clause 4.3 (Deposit Container Counting and Reporting) and clause 5 (Payment and Donation) shall apply; and

(f) subject to Direct Collect’s and the Customer’s compliance with these Terms & Conditions, these Terms & Conditions shall cease to apply and neither party shall have any claim against the other in respect of any matter in relation to any event or circumstance arising after this termination.

7. ENTIRE AGREEMENT

These Terms & Conditions record the entire agreement between the parties as to its subject matter. Any prior negotiations, agreements, arrangements, representations and understandings related to the subject matter of these Terms & Conditions are superseded by these Terms & Conditions.

8. GOVERNING LAW

These Terms & Conditions will be governed by and interpreted in accordance with the laws for the time being in force in South Australia and each party submits to the non-exclusive jurisdiction of the Courts of or exercising jurisdiction of that State and waives any right it might have to claim that those Courts are an inconvenient forum.

9. WAIVER

A waiver by a party of a provision of these Terms & Conditions is binding on the party granting the waiver only if it is given in writing and is signed by the party or an authorised officer of the party granting the waiver. Further, a waiver is effective only in the specific instance and for the specific purpose for which it is given. The failure of a party to enforce at any time any of the provisions of these Terms & Conditions or the granting of any time or other indulgence will not be construed as a waiver of that provision or of the right of that party to subsequently enforce that or any other provision.

10. AMENDMENT

These Terms & Conditions may be amended at any time and from time to time by Direct Collect and, unless the Customer elects to terminate in accordance with clause 6.1, any such amendment shall take effect on such date as notified by Direct Collect on the Platform.

11. SEVERANCE

Any provision of, or the application of any provision of, these Terms & Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.