RECYCEARN - Terms of Service

Please read these terms of service ("Terms") carefully before using RECYCEARN. These Terms constitute an agreement between you ("You") and RECYCEARN Pty Ltd

ABN 69 647 246 419

By using the functionality of the RECYCEARN website and/or the RECYCEARN mobile application, You agree to be bound by these Terms and the RECYCEARN privacy policy. These Terms apply to the maximum extent permitted by mandatory law.

RECYCEARN allows You to receive a cash amount (or equivalent) available by law for returning a qualifying beverage container to a participating redemption/recycling location (referred to as "Cash Redemption Value" or "CRV").

Your account

To receive CRV credit and otherwise use RECYCEARN, You can register and create an account by providing the required registration information. You agree to provide true, accurate and complete information about yourself, and to promptly update this information when it changes. If You login to RECYCEARN 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 shall provide RECYCEARN with prompt notice in the event You suspect that Your account or third party account used to access RECYCEARN is compromised. Any activity on RECYCEARN by You or others You have permitted to use Your account credentials is Your sole responsibility.

You may delete Your account by contacting RECYCEARN via the contact information provided in RECYCEARN. You must withdraw any accrued CRV before account deletion. For assistance, You may use the contact information provided in RECYCEARN. If the accountholder is not able to contact RECYCEARN (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 RECYCEARN shall review and determine in its sole discretion and it being understood that such third party will be bound by these Terms. Upon deletion of Your account (for any reason), You waive title and all rights in accrued CRV that is not withdrawn or otherwise transferred to any other redemption option within thirty (30 days) after such deletion. RECYCEARN may at its sole discretion use such CRV for any purpose decided by RECYCEARN. If You wish to resume use of RECYCEARN after the aforementioned thirty (30) days, You must create a new account.

Use of RECYCEARN

Subject to these Terms, RECYCEARN grants You a revocable, non-exclusive, non-transferable, non-sublicensable right to (i) access and use the RECYCEARN website, and (ii) download, use and access the RECYCEARN mobile application on a device that You control, in each case solely for Your personal use. When using RECYCEARN, 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 RECYCEARN 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 RECYCEARN's server;
• use any device, software, routine or other means to interfere or attempt to interfere with the proper working of RECYCEARN or any activity being conducted on RECYCEARN
• scan and/or test the vulnerability of RECYCEARN or breach, disable, circumvent, remove or damage any authentication or security measures or any other technical restrictions on RECYCEARN; or
• reverse engineer or otherwise use RECYCEARN in any way to develop, test, enhance or calibrate any models, system, or software that are similar to any features of RECYCEARN.

RECYCEARN reserves the right to temporarily suspend or terminate Your access to RECYCEARN immediately and without liability if RECYCEARN in its sole discretion determine that You are in breach of these Terms or if RECYCEARN suspects unauthorized use of Your account. In such an event, RECYCEARN will notify You as soon as reasonably possible. RECYCEARN's right to suspend or terminate Your access to RECYCEARN shall be without prejudice to RECYCEARN's other remedies under these Terms or otherwise in law.

RECYCEARN reserves the right to audit Your account at any time for compliance with these Terms, with or without notice. RECYCEARN reserves the right to investigate any suspected fraud or other inappropriate activity at any time and to revoke any accrued CRV or other benefits which appear to have been obtained by inappropriate or illegitimate means.

RECYCEARN reserves the right to seek restitution for the full value of any CRV acquired through improper means, as well as legal fees and other costs associated with such action. Any abuse of RECYCEARN may also result in criminal prosecution.

Intellectual property rights

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

Disclaimer and limitation of liability

All use of RECYCEARN is at Your own risk. To the extent permitted by law, RECYCEARN makes no warranties or representation as to the validity, accuracy, correctness, suitability, availability or timeliness of the functionality and contents in RECYCEARN. Further, RECYCEARN does not warrant or represent that RECYCEARN will be free from errors, viruses or similar contamination or destructive features. To the extent permitted by law, RECYCEARN is 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 RECYCEARN.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (cth) and similar legislation of other states or territories and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, RECYCEARN's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at RECYCEARN's option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

To the extent permitted by law, RECYCEARN shall not be liable for any direct, indirect or consequential losses, 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, goodwill and/or reputation or any other damages arising out of or in any way connected with the use and/or inability to use RECYCEARN.

Indemnity

You agree to indemnify and defend RECYCEARN and its officers and employees 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 RECYCEARN. RECYCEARN shall provide notice to You of any such claim, suit or proceeding. RECYCEARN reserves the right to, at RECYCEARN`s 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 RECYCEARN`s defence of such matter.

Changes

You acknowledge and agree that RECYCEARN, at any time, may modify these Terms and/or RECYCEARN. You are expected to review these Terms on a regular basis, as any modification will be binding on You if You continue to use RECYCEARN. If You do not agree to the modified Terms, You must discontinue the use of RECYCEARN.

Miscellaneous

The failure of RECYCEARN to enforce at any time, or for any period of time, any provision hereof, or to take any discretionary action hereunder, shall not be construed to be a waiver of such provisions or of the right of RECYCEARN thereafter 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.

RECYCEARN may transfer its rights and obligations under these Terms to another company within RECYCEARN or any third-party organization. You may only transfer Your rights and obligations under these Terms to another person or legal entity if RECYCEARN agree in writing.

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

Contact and suggestions

You agree to receive electronic communications from RECYCEARN in connection with RECYCEARN. If You need to contact RECYCEARN regarding RECYCEARN, please contact us at recycearn@gmail.com.

Feel free to submit Your ideas, feedback and suggestions ("Suggestions") that might help us improve Your and other users' use of RECYCEARN. 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.