Terms & Conditions including Privacy Policy
1. OVERVIEW
(a) We, SCRgroup (ABN 60 152 667 215) own and operate the website located at homecycle.com.au (Site) and provide the “HomeCycle” textile and homewares recycling service (Clothing and Homewares Recycling Collection Service)
(b) Please read these terms (Terms) carefully as they govern your access to and use of the Site and our provision of the Clothing and Homewares Recycling Collection Service.
(c) These Terms may be amended by us at any time, and by continuing to use the Site and Clothing and Homewares Recycling Collection Service, you accept the Terms as they apply from time to time.
2. ACCESS OF SITE
To access the Site, you must:
(a) be at least 18 years old; and
(b) possess the legal right and ability to enter into a legally binding agreement.
3. ACCOUNT
(a) In order to use the Clothing and Homewares Recycling Collection Service, you will need to create an Account.
(b) When you create an Account, you must provide your email address and nominate a password. You are responsible for the security of your password, and we will assume that anyone using your Account is authorised to do so by you and you will be responsible for their actions. Under no circumstances will unauthorised access or use of your Account reduce your liability to us.
(c) You must:
(i) update, and keep up-to-date, your details if they have changed from the last time you used the Site;
(ii) keep your password secure and confidential; and (iii) notify us immediately if you become aware of any unauthorised use of your Account or other security breaches.
(d) Customers can delete their Account at any time by emailing customer service at [email protected]. The user’s personal information will be deleted as a result.
4. USE OF SITE
4.1 Personal use only
(a) You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.
(b) Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.
(c) You must not modify or copy the layout of the Site or any computer software and code contained in the Site or Clothing and Homewares Recycling Collection Service
4.2 Must not interfere with the Site
You must not:
(a) interfere with or disrupt the Site in any way, including but not limited to transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(b) use or provide false or misleading information when creating or updating your Account;
(c) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) restrict, or attempt to restrict, another user from using or enjoying the Site; or (e) encourage or facilitate violations of these Terms.
5. CLOTHING RECYCLING COLLECTION SERVICE
5.1 Ordering
(a) When you complete your booking on the website (Order), you will be asked to choose from a variety of services.
(b) The Service is either:
(i) Clothing only (including unlimited clothing items)
(ii) Clothing and household items (including unlimited clothing items, homewares, bed linen, e-waste, sporting items, worn/torn clothing, soft toys, baby prams, coffee capsules, soft plastics and other items listed as “what we pick up” on the website)
For the avoidance of doubt you may only leave items for collection listed on the website as items “what we pick up” and must not leave items for collection listed on the website as “what we don’t pickup”.
(c) We reserve the right to terminate your order at our reasonable discretion at any time and without giving any reasons for our decision including:
(i) the service is not available;
(ii) the items you have made available for collection are not listed in the “Items we accept” section of the Site.
(iii) there is an error on the Site or in an Order; or
(iv) an Order does not comply with these Terms.
(d) If we reject an Order, we will notify you of that rejection immediately or within 7 days of submitting an Order.
(e) the service is only available through arrangement with participating Local Councils.
5.2 Collection
(a) Your collection will be picked up as per your booking date and after you submit an Order.
(c) We accept no liability or responsibility for:
(i) incorrectly placed Orders;
(ii) incorrect or incomplete address details or instructions provided by you;
(iii) items that you did not intend for collection that are left with items for collection such that we or our third party carier is unable to (acting reasonably) determine which items are left for collection and which items are not left for collection;
(iii) the collection of items from you that are not listed in the “what we pick up” section of the Site; and
(iv) claims made by third parties against you in relation to items we collect from you.
(e) You acknowledge and agree that:
(i) you irrevocably transfer ownership (free from all encumbrances) to us of all items we (or a third party carrier) collects from you at the time of collection in consideration of us arranging to collect the items from you.
(ii) we use third party carriers to collect orders.
(iii) you are bound by and will comply with the third-party carrier’s terms and conditions and any policies applicable to the collection of items.
(iii) we are not liable for items incorrectly collected by the third-party carrier including any incorrectly collected items that are damaged or lost in transit.
(f) For the avoidance of doubt, you are responsible for contacting and liaising with the third-party carriers for any lost or damaged items, however, we will use our best endeavours to help you to reach a satisfactory resolution with our third-party carriers.
5.3 Payment
(a) You are not required to pay for the Clothing and Homewares Recycling Collection Service as it is funded by your participating Local Council. (b) you must comply with any requirements, conditions or limits of your Local Council in using and participating in the Clothing and Homewares Recycling Collection Service.
6. MATERIALS
(a) We may present information and content, including articles, opinions, information and commentary on the Site (Materials).
(b) The Materials are for your personal use only and may not, without our prior written consent, be:
(i) resold or redistributed in any material form;
(ii) stored in any storage media; or
(iii) retransmitted via any media.
7. USER CONTENT
7.1 General
(a) We do not claim ownership of any content you add or post onto the Site, including any Personal Information, reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control (including our social media channels) or in any hardcopy form.
(b) You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.
(c) User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.
7.2 Prohibited content
You must not create or generate any User Content:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
(d) that would bring us into disrepute; or
(e) that infringes the rights, including intellectual property rights, of any third party.
7.3 Blocking
We reserve the right to remove or block any User Content that violates our Terms.
8. MARKETING AND PROMOTIONAL MATERIAL
(a) When you create an Account you may agree to receive promotional material and marketing communications from us.
(b) You can opt out of receiving promotional material and marketing communications from us by emailing [email protected] or by following a hyperlink at the bottom of the promotional material we send to you.
9. THIRD PARTY LINKS
(a) The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third-Party Links).
(b) Third Party Links are provided as a convenience to you and the existence of such links on the Site is not an endorsement of those Third-Party Links.
(c) We are not responsible for the content or material contained on any Third-Party Link.
10. INTELLECTUAL PROPERTY RIGHTS
(a) We or our licensors reserve all intellectual property rights in the Site and the Materials.
(b) All content appearing on the Site, and the Site itself, is protected by copyright and all other intellectual property rights permitted by law. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.
(c) Nothing in our Terms constitutes a transfer of any intellectual property rights.
(d) All the trademarks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.
11. PRIVACY POLICY
(a) In providing you with access to the Site for the Clothing and Homewares Recycling Collection Service we will collect your Personal Information. Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
(b) If you do not provide the requisite personal information, you may not be able to access or use the Site and/or Clothing and Homewares Recycling Collection Services.
(c) Personal information collected by us will be:
(i) used by us to develop consumer insights and for our current and future marketing purposes; and
(ii) disclosed to our business partners, related entities, professional advisers, third party service providers, government agencies and regulatory authorities and where required to be disclosed by law.
(d) We will collect, use, disclose and store your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
(e) While we take reasonable steps to ensure your personal information is protected from loss, misuse and unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. This means we cannot guarantee the security of your personal information. In the event of a data breach, we will comply with the required data breach reporting laws.
(f) You may access your Personal Information:
(i)You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
(ii) We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
(iii) In order to protect your Personal Information we may require identification from you before releasing the requested information.
(g) Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
(h) It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
12. DISCLAIMER
(a) The Site, Materials, and Third-Party Links are provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site, Materials or Third-Party Links.
(b) We do not endorse or support any Materials or User Content and reliance on any such information is at your own risk.
(c) We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any Materials, User Content or Third-Party Links, at any time and without notice to you.
(d) You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site are suitable for or meets your requirements.
(e) You alone are responsible for your User Content.
13. EXCLUSIONS AND LIMITATION OF LIABILITY
(a) To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site or the Clothing and Homewares Recycling Collection Services.
(b) To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
(c) If we are found by a court of competent jurisdiction liable to you for loss or damage that could otherwise have been limited, such liability will be limited to the fees paid by you for the Clothing and Homewares Recycling Collection Services.
(d) Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
(i) fraud or other unlawful acts;
(ii) gross negligence; or
(iii) liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
14. INDEMNITY
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, the Clothing and Homewares Recycling Collection Services, any User Content, your breach of the Terms or your breach of any rights of third parties.
You specifically indemnify us for any loss we suffer as a result of claims made by third parties against us claiming ownership over or any interest whatsoever in relation to the items we collect from you.
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
15. FORCE MAJEURE EVENTS
(a) For the purposes of this clause, a Force Majeure Event means any event or circumstance, or a combination of events or circumstances which is beyond our reasonable control and which has the effect of preventing us from performing an obligation under these Terms, including:
(i) acts of God, including without limitation, earthquakes, floods, washouts, landslides, national emergency, lightening and storms;
(ii) strikes, lockouts, bans, slowdowns or other industrial disturbances;
(iii) acts of enemy, wars (declared and undeclared), acts of terrorism, blockades or insurrections, riots and civil disturbances, arrest and restraint of rulers or peoples;
(iv) fire or explosion;
(v) pandemic, epidemic or quarantine; and
(vi) an order or direction of any government authority or omission or failure to act by any authority.
(b) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event.
(c) We must:
(i) use all reasonable efforts to overcome the effects of the Force Majeure Event; and
(ii) resume performance of our obligations under these Terms as soon as possible after the Force Majeure Event has abated to the extent necessary to permit a resumption of performance.
16. CONTACT US
If you wish to contact us or make a complaint, please contact us at [email protected]
17. VARIATION TO THE TERMS
(a) We may vary, amend or otherwise modify the Terms at any time (New Terms).
(b) We will publish the New Terms on the Site, at which time they will be effective.
(c) Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.
18. SEVERABILITY
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
19. JURISDICTION
(a) The Terms are governed by the laws in force in Victoria, Australia.
(b) You and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.
