Terms of Use

This website (“Website”) is owned and operated by Circular Plastics Australia (PET) Holdings Pty Ltd (ACN 655 047 340) and Circular Plastics Australia (PE) Pty Ltd ACN 650 215 991, or their subsidiary companies (“Circular Plastics Australia”, “we” or “us”).

If any content or webpages specifically relate to:

· PET products – references in these Terms of Use to “Circular Plastics Australia”, “we” or “us” will be to Circular Plastics Australia (PET) Holdings Pty Ltd and its subsidiaries; or

 

· PE products – references in these Terms of Use to “Circular Plastics Australia”, “we” or “us” will be to Circular Plastics Australia (PE) Pty Ltd and its subsidiaries.

By accessing this Website you agree to the following terms and conditions (“Terms of Use”).

If you do not agree to these Terms of Use, you should not use or access this Website.

References to “you” mean you as the user of the Website.

 

1. Eligibility to use Website

This Website is intended for users who are at least 18 years of age and are residing in and using this site within Australia. Circular Plastics Australia makes no representations that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

2. Copyright in Website material

This Website (including its content, images and software) is subject to copyright. The copyright is owned by Circular Plastics Australia, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. You may draw the attention of others to content posted on this Website. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.  Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of this Website is strictly prohibited without the prior written consent of Circular Plastics Australia.

3. Trade marks

All trade marks, trade names, service marks and other product and service names and logos (“Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Circular Plastics Australia or third parties.

Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of Circular Plastics Australia or a third party which is displayed on this Website without their express permission.  If we give you permission to use any Mark of Circular Plastics Australia to refer to our activities, products or services, you must include a statement attributing that trade mark to us, and you must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including this Website).

4. Third party sites

This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained.  Circular Plastics Australia does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk.  When using these third party websites, you will be bound by the terms and conditions posted on these other websites.  Unless otherwise expressly stated: (a)    Circular Plastics Australia has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as any sort of recommendation, endorsement or approval by Circular Plastics Australia of the owners or operators of those websites, or for any information, goods or services referred to on those websites.

5. Direct Electronic Messages

If you have provided us with your electronic contact information (e.g. email address / mobile phone number), (a) you consent to us sending direct electronic messages to you (including messages about our products or the goods and services of third parties) in accordance with our Privacy Policy and (b) you warrant that you are authorised to provide the electronic contact information to us.

6. Disclaimer

To the extent permitted by law, you acknowledge that access to this Website is at your own risk and that:

a) The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website.  From time to time we may change the information on the Website without notice.  However, we do not undertake to keep this Website updated.  We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free.   To the extent permitted by law, all representations, warranties and other terms are excluded.

b) Circular Plastics Australia will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.

7. User Generated Content

This Website may allow you to upload content, including reviews or testimonials, in connection with goods and/or services supplied by Circular Plastics Australia (“User Generated Content”). If you upload User Generated Content, you are deemed to have consented to these Terms of Use.

All User Generated Content must be your own work (or licensed to you) and must not infringe any intellectual property or other rights of a third party. You acknowledge that you are responsible for any User Generated Content you submit or contribute, including its legality, reliability, accuracy and appropriateness.

You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, modify and reproduce your User Generated Content in any manner determined by us, in any form now or in the future. Circular Plastics Australia may edit, use, vary, display, modify, reproduce, distribute, disclose or create derivative works from your User Generated Content at its discretion.  You agree that your User Generated Content may be used by us in our marketing, together with your name and other identifying information provided to us.  You acknowledge and agree that we are not required to pay or compensate you for use of your User Generated Content  and to the extent any of your moral rights are infringed by the above, you acknowledge you have provided your consent.

Circular Plastics Australia will only use your User Generated Content in accordance with our Privacy Policy and these Terms of Use. You release Circular Plastics Australia from any claims, actions, loss, cost, liability or expense of any kind whatsoever related in any way to Circular Plastics Australia use of your User Generated Content in accordance with these Terms of Use, except to the extent the liability is directly caused or contributed to by Circular Plastics Australia breach.

You acknowledge that your User Generated Content must not involve (or be for) any sort of Prohibited Use (see section 8 below). Circular Plastics Australia may remove, refuse to use, or take other action with respect to any User Generated Content that is not consistent with this requirement, or for any other reason at its sole discretion.

8. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local laws, regulations, rules, or orders; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet; (l) to transmit, or procure the sending of, any advertising or promotional material; or (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

9. Viruses

We recommend that you use virus protection software when using our Website (or any linked website) and that you take precautions to ensure that the process that you employ for accessing this Website is secure and does not expose you to interference which may damage your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website.

10. Indemnity

You indemnify Circular Plastics Australia, its officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of, or conduct on, the Website in breach of these Terms of Use (including breach of any of your obligations under clauses 7, 8, or 9).

11. Cookies and similar technology

Cookies are small pieces of information that your browser stores on your device. We may use cookies and other techniques such as web beacons to provide us with information about your Website usage, recognise your device when you return to the Website (e.g. to store preferences), as well as to assist us to improve and develop the products and services we offer and for similar website improvement and business purposes. If you do not wish to receive cookies, you may set your browser so that your computer does not accept them. If you disable cookies on your web browser, you may not be able to fully experience all features on this Website.

We may log IP addresses to analyse trends, administer the Website, track users’ movements, and gather broad demographic information.

12. Privacy

Any personally identifiable information that you submit through or in relation to the Website is collected and used by Circular Plastics Australia in accordance with its Privacy Policy.

13. Changes to the Website and your access

Circular Plastics Australia reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice.  You acknowledge that this Website may be inaccessible from time to time due to issues beyond our control or maintenance.

14. Governing law

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

15. Amendments

Circular Plastics Australia reserves the right to amend these Terms of Use at any time without notice. Any amendment will come into effect from the time the amended Terms of Use are posted on the Website. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.

16. Transfer or assignment

You must not transfer, assign, charge or otherwise deal with a contract with Circular Plastics Australia, or any of your rights or obligations arising under it, without our prior written consent.

17. Entire agreement

These Terms and any document expressly referred to in them represents the entire agreement between Circular Plastics Australia and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

You acknowledge that, in entering into a contract with Circular Plastics Australia, you have not relied on any representation, undertaking or promise given by Circular Plastics Australia or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Use.

18. Severance of clauses

If any clause of these Terms of Use is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms of Use and it will not affect the validity and enforceability of the remainder of the Terms of Use.

19. Waiver

A failure or delay in exercising any right, power or remedy does not operate as a waiver.

20. Interpretation

A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation”.