Terms of Use

  1. Definition and Interpretation
    In these Terms of Use:

    1. Application means a response to the relevant Request;
    2. Closing Time means the time and date that the Application must be lodged as detailed in
      the relevant Request documentation;
    3. Registered User means any person (including an individual or a body corporate) that has
      registered an account on the Website in connection with a Request;
    4. Request means an approach to market in relation to the Western Australian container
      deposit scheme established pursuant to the Waste Avoidance and Resource Recovery Act (2007) (WA);
    5. User means any person (including an individual or a body corporate) that is accessing or
      using the Website and includes a Registered User;
    6. WARRRL means WA Return Recycle Renew Ltd ACN 629 983 615;
    7. Website means:
      1. the whole or any part of the web pages located at warrrl.com.au
        (or any subsequent URL which may replace it); and
      2. all websites that WARRRL, via the website referred to in paragraph (a) of this definition,
        invites Users to access;
    8. a reference to time, unless specified otherwise, is to the time in Western Australia;
    9. words importing a gender include each other gender;
    10. words in the singular include the plural and vice versa;
    11. a clause heading is a part of these Terms of Use and may be used for interpreting the language of the
      clause; and
    12. if any word or phrase is given a defined meaning, any other part of speech or other grammatical form of
      that word or phrase has a corresponding meaning.
  2. WEBSITE TERMS OF USE
    1. By accessing or using the Website, the User agrees to be bound by these terms and conditions and any
      applicable instructions, processes, procedures and recommendations as advised on the Website.
      Before continuing, the User should read these terms and conditions as they form a binding agreement
      between the User and WARRRL regarding the use of the Website.
    2. Users must inform themselves concerning all security measures and other aspects of the Website
      information and communications technology environment. Users must make their own assessment of the
      Website prior to using it for any matter related to a Request and no responsibility or liability
      will be accepted by WARRRL in respect of any use or attempted use by any person of the Website.
    3. It is the responsibility of Users to ensure that their infrastructure, including operating system
      and browser revision levels, meet the minimum standards as set out on the Website. WARRRL takes no
      responsibility for any problems arising from Users’ infrastructure and/or internet connectivity.
    4. WARRRL does not warrant that unauthorised access to information and data transmitted via the
      Internet will not occur.
  3. REGISTRATION AND NOTICES
    1. Users must register with the Website to become a Registered User in order to access Request
      documentation and related addenda, and lodge Applications.  Users who are not Registered Users will
      only have limited access to the functionalities in the Website.
    2. The Registered User is responsible for logging in to the Website and accessing the relevant Request
      documentation and addenda for the Requests in respect of which it is interested in providing an
      Application.
    3. A Registered User who has accessed the Request documentation will be notified by the Website via
      email of any addenda relating to the Request documentation.  It is in the interest of Registered
      Users to ensure they have correctly recorded their user profile information prior to accessing
      relevant Request documentation. If a Registered User has not recorded their user profile information
      correctly, they should amend their details on their user profile on the Website and access the
      relevant Request documentation again.
    4. In the event that WARRRL amends the Request or the conditions applying to the Application process,
      it will make reasonable efforts to inform Registered Users.
    5. WARRRL accepts no responsibility if a Registered User fails to become aware of any addendum notice
      which would have been apparent from a visit to the relevant Request page on the Website.
    6. If a User has obtained relevant Request documentation other than from the Website, the user must
      visit the Website, register as a Registered User and access the relevant Request documentation for
      the relevant Request.
    7. WARRRL will not be liable for any loss, damage, costs or expenses incurred by Registered Users or
      any other person if, for any reason, an Application or any other material or communication relevant
      to the relevant Request, is not received on time, is corrupted or altered or otherwise is not
      received as sent, cannot be read or decrypted, or has its security or integrity
      compromised. 
  4. QUERIES
    1. All queries and requests for technical or operational support must be directed to:
      [email protected]
  5. ELECTRONIC LODGMENT
    1. Applications must be lodged electronically via the Website in accordance with the Application
      lodgement procedures set out in these Terms of Use and the relevant Request documentation.
    2. Where there is any inconsistency between the Application lodgement procedures, or any other
      requirements, set out in these Terms of Use and those set out in the relevant Request documentation,
      the Request documentation will prevail.
    3. Applications lodged by any other means, including by hand, facsimile or email, will not be
      considered.
    4. Upon its submission, each Application (and all copies thereof) will become the property of WARRRL
      and will not be returned.
  6. USE OF THE WEBSITE
    1. Users must not use any automatic device, program, algorithm or methodology, or any similar or
      equivalent manual process, to obtain or attempt to obtain any materials, documents or information
      through any means not purposely made available through the Website.
    2. Users must not circumvent, disable or otherwise interfere with security-related features of the
      Website.
    3. Users must not attempt to gain unauthorised access to any portion or feature of the Website, or any
      other systems or networks connected to the Website, by hacking, password “mining” or any other
      illegitimate means.
    4. Users must not probe, scan or test the vulnerability of the Website or any network connected to the
      Website, nor breach the security or authentication measures on the Website or any network connected
      to the Website. Users may not reverse look-up, trace or seek to trace any information on any other
      User.
    5. Users must not use any device, software or routine to interfere or attempt to interfere with the
      proper working of the Website or with any other person’s use of the Website. Without limiting the
      foregoing, Users must not and must not permit any third party to take any action or upload,
      download, post, submit or otherwise distribute or facilitate distribution of any content on or
      through the Website, that contains software viruses or any other computer codes, files, worms, or
      other malware or programs that are designed or intended to disrupt, disable, damage, limit or
      interfere with the proper function of any software, hardware, or telecommunications equipment or to
      damage or obtain unauthorised access to any system, data, password or other information of WARRL or
      any third party;
    6. Users must not use the Website for any purpose that is unlawful or prohibited by these Terms of
      Use.
  7. USE OF DATA
    1. The material on the Website includes information, data, documents, pages and images
      (Data) and is intended for the User’s use and information. WARRRL disclaims all and
      any guarantees, undertakings and warranties, express or implied, and will not be liable for any loss
      or damage whatsoever, including without limitation any direct, incidental or consequential loss or
      damage, arising out of, or in connection with, any use of or reliance on the Data.
    2. While the Data is considered to be true and correct at the date of publication, changes in
      circumstances after the time of publication may have an impact on the accuracy of the Data. The Data
      may change without notice and WARRRL is not liable for the accuracy of any information printed or
      stored by a User. Changes may be made to the Data and the Website by WARRRL at any time.
  8. PERSONAL AND ORGANISATIONAL INFORMATION
    1. All persons who provide personal and organisational particulars within the Website system in
      relation to a User hold themselves out to be a proper and authorised representative of that User in
      relation to the use of the Website system.
    2. WARRRL may hold personal information submitted to the Website in either electronic or hard copy
      form. WARRRL will take reasonable steps to protect such personal information from misuse,
      interference and loss, as well as unauthorised access, modification or disclosure and WARRRL uses a
      number of physical, administrative, personnel and technical measures to protect the personal
      information.  These include using encryption technologies and deploying anti-malware and anti-virus
      software.  However, WARRRL cannot guarantee the security of such personal information.
    3. Request materials are copyright.  Users are not permitted to reproduce, re-transmit, distribute or
      commercialise Request materials for any purpose without seeking prior written approval from WARRRL.
  9. Third Party Content and Disclaimer
    1. Nothing in this clause 9 limits the operation of any other clause of these Terms of Use, including
      clause 7.
    2. The Website may contain links to, or display the content, products, services or research of third
      parties (Third Party Content). WARRRL does not endorse, approve or make any
      warranty or claim regarding any of the Third Party Content.  If Users use or rely upon Third Party
      Content, they do so solely at their own risk.
    3. The Website may provide links to websites operated by other organisations and individuals (Third
      Party Websites
      ). WARRRL cannot guarantee that these links will work all of the time and has
      no control over the availability of the linked pages.
    4. By providing a link to a Third Party Website, WARRRL does not endorse, approve or make any warranty
      or claim regarding the Third Party Website, its owners or operators, or any information, products or
      services offered by them. If Users use or rely upon Third Party Websites, they do so solely at their
      own risk.
    5. If WARRRL provides a link to a Third Party Website that collects information about the user, it
      cannot control the collection of that information. Users should contact the Third Party Website
      providers direct if Users have any questions about the use of information such providers collect.
      Third Party Websites and services may have their own privacy policies or no policy at all. WARRRL
      encourages Users to review the privacy policies of any Third Party Website or services before
      providing them with personal information.
    6. To the extent permitted by law, WARRRL excludes all warranties, conditions and representations
      (whether express or implied) that may apply to the Website or any content on it, including any Third
      Party Content and any link to a Third Party Website. WARRRL will not be liable to Users for any loss
      or damage of any kind, whether in contract, tort (including negligence), even if foreseeable,
      arising under or in connection with:

      1. A User’s use of, or inability to use the Website;
      2. A User’s use of or reliance on any content or material displayed on the Website;
      3. A User’s use of or reliance on any Third Party Content, or
      4. A User’s use of, or reliance on any content or material displayed on, a Third Party Website,
        including any direct, indirect, special, incidental, consequential or punitive damages,
        which includes, but is not limited to, loss of revenue or profits or business or anticipated
        savings, loss of use or goodwill or reputation, loss of data, even if such loss was
        foreseeable.
    7. WARRRL does not guarantee that the Website will be secure or free from bugs or viruses or function
      without interruption or errors. The Website is provided on an “as is” and “as available” basis.  Users are
      responsible for configuring their information technology, computer programmes and platform to access the
      Website.  Users should use their own virus protection software. By accessing the Website, Users assume
      all risks associated with its use, including but not limited to the risk that a User’s computer, software or
      data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party
      Website.