Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

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

Account Fee means the one-off account fee of $19.99, payable by the Customer to Can Club Australia in accordance with clause 5.1.

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

Account Fee means the one-off account fee of $19.99, payable by the Customer to Can Club Australia in accordance with clause 5.1.

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

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.

Contaminated Bin means a Bin that upon processing and counting is found to contain:

(a) containers that are not Deposit Containers, the number of which is greater than 5% of the number of Deposit Containers; or

(b) waste or recyclable material of any other kind.

Contamination Fee means, in respect of each Deposit Container collected by Can Club Australia from a Contaminated Bin, a fee of $0.07 payable by the Customer.

Customer means the person whose details have been populated as the “Customer” on 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 an eligible container under the NSW Return & Earn Container Deposit Scheme with the approved refund marking.

Deposit Container Payment means, in respect of each Deposit Container collected by Can Club Australia from the Customer’s Bin, the sum of $0.07.

Can Club Australia means KLVR Pty Ltd ACN 74 674 423 119, trading as Can Club Australia.

Failed Collection means an attempted collection of the Bin from the Customer’s Address By Can Club Australia, that Can Club Australia refuses to complete, or is unable to complete due to issues with access to the Bin in accordance with clause 3.4.

Failed Collection Fee means, in respect of each Failed Collection, the sum of $6.75.

Minimum Threshold means in relation to the contents of the Bin on a Collection Day, at least 125 Deposit Containers.

Nominated Account means the Customer’s nominated bank account, as specified by the Customer on the Platform from time to time.

Partial Bin Collection means a collection where the Bin collected from the Customer’s Address is less than 90% full of eligible containers by volume.

Partial Bin Collection Fee means, in respect of each Partial Bin Collection, the sum of $4.99.

Platform means the combination of:

(a) firstly, the system of webpages and computer programs operated by Can Club Australia and located at the Internet address known as https://canclub.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 Can Club Australia pursuant to these Terms & Conditions.

1.2 Interpretation

In these Terms & Conditions unless the context otherwise requires:

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

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

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

(d) 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 Can Club Australia at all times, but:

(a) in consideration of the Customer’s payment of the Account Fee in accordance with clause 5.1; and

(b) 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,

Can Club Australia grants to the Customer a licence to use the Bin as contemplated by these Terms & Conditions.

2.2 Delivery to Customer

After the Customer’s acceptance of these Terms & Conditions, Can Club Australia shall deliver the 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 Can Club Australia 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 not compress, break or damage any Deposit Containers before placing them in the Bin (in order to maximise the volume of the Deposit Containers eligible for a Deposit Container Payment).

3.3 Notification to Can Club Australia

The Customer shall promptly notify Can Club Australia on the Platform when the Bin is ready for collection, which means that:

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

(b) the Bin is at least 90% full of Deposit Containers.

3.4 Access for Bin Collection

The Customer must make the Bin readily accessible for collection by Can Club Australia 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 Can Club Australia may refuse or be unable to collect the Bin if these conditions are not met. This will be considered a Failed Collection by Can Club Australia and will result in the Customer being charged a Failed Collection Fee by Can Club Australia.

4. CAN CLUB AUSTRALIA’S OBLIGATIONS

4.1 Warranty

Can Club Australia 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, Can Club Australia 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, Can Club Australia 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 any deduction to be made under clause 5.2 for any portion of the Account Fee and any portion of the Contamination Fee.

5. PAYMENTS

5.1 Account Fee and Contamination Fee

In consideration of Can Club Australia’s:

(a) delivery of the Bin in accordance with clause 2.2; and

(b) replacement of the Bin in accordance with clause 4.2(c); and

(c) Deposit Container counting and reporting in accordance with clause 4.3 the Customer agrees to pay the Account Fee and the Contamination Fee.

5.2 Deposit Container Payment

Subject to Can Club Australia’s deduction of any portion of the Account Fee and any portion of the Contamination Fee payable in accordance with clause 5.1, Can Club Australia agrees to pay the Deposit Container Payment (for each of those Deposit Containers collected by Can Club Australia from the Bin) to the Nominated Account by a secure electronic method within 5 Business Days after a Collection Day.

6. TERMINATION

6.1 Termination by Customer

At any time and for any reason, the Customer may notify Can Club Australia of the Customer’s intention to terminate:

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

(b) Can Club Australia’s provision of the Services.

6.2 Termination by Can Club Australia

If the Customer either:

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

(b) fails to meet the Minimum Threshold; or

(c) fails to arrange a Collection Day within 4 months after delivery or the preceding Collection Day,

or for any other commercial reason, Can Club Australia may notify the Customer of Can Club Australia’s intention to terminate:

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

(ii) Can Club Australia’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 Can Club Australia under clause 6.2):

(a) Can Club Australia 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, Can Club Australia shall arrange to collect the Bin from the Customer’s Address (subject to the Customer complying with clause 3.4);

(e) clause 4.3 (Container Counting and Reporting) and clause 5 (Payments) shall apply; and

(f) subject to Can Club Australia’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 New
South Wales 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 Can Club Australia 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 Can Club Australia 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.