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Terms and Conditions

  1. About the Website

    1. Welcome to www.recan.co (the 'Website').

    2. The Website is operated by Recan Create Pty Ltd (ABN 86 629 499 476) registered in Australia. Throughout the site, the terms “RECAN”, “We”, “Us” or “Our” means Recan Create Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by RECAN. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you shall cease usage of the Website, or any of Services.

    3. RECAN reserves the right to review and change any of the Terms by updating this page at its sole discretion. When RECAN updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

  2. Acceptance of the Terms

    You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by RECAN in the user interface.

  3. Registration to use the Services

    1. In order to access the Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      • Email address

      • Address

      • Telephone or mobile phone number

      • Password

      • Name

      • Date of Birth

    2. You warrant that any information you give to RECAN in the course of completing the registration process will always be accurate, correct and up to date.

    3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.

    4. You may not use the Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with RECAN; or

      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

  4. Your obligations as a Member

    1. As a Member, you agree to comply with the following:

    2. You will use the Services only for purposes that are permitted by:

      1. the Terms;

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

      3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

      4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify RECAN of any unauthorised use of your password or email address or any breach of security of which you have become aware;

      5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of RECAN providing the Services;

      6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by RECAN for any illegal or unauthorised use of the Website; and

      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

  5. How RECAN works

    1. RECAN provides door-to-door eligible container collection service. You can sign up at www.recan.co website to become a member and receive the bag to collect eligible containers. When the bag is full, you can schedule a pickup through the website.

    2. RECAN driver comes and conducts a visual check for potential contamination or ineligible containers in the bag. All containers that passes the visual check will be efficiently delivered to the depot for proper recycling.

    3. Our driver will leave a new RECAN bag so that you can continue the collection. If contamination or ineligible containers are found, then a notice will be given to member via email and we reserve a right to refuse the pickup. This is to avoid any contaminations during the recycling process which is crucial step for material recovery and eligible container refund. Please do your part to help you and the planet.

  6. RECAN on-line credits & Redemption

    1. RECAN bag is designed to contain about 100 eligible containers and $5 fixed credit will be given to members for their effort. Once depot process the counting and recycling, then members will be able to see the credits from the on-line account within 24 hours after pick up.

    2. RECAN on-line credits will not have an expiry date.

    3. RECAN reserve the right, at any time at our sole discretion, to make changes to the on-line credit rate.

    4. Members have an opportunity to donate to curated local causes on the RECAN website. Minimum payment is $2 and above. All accumulated donations will be paid out to the organisations on 25th of each month (If 25th of month is a holiday, payment will be made any business day before 25th of month). Impact report on the project that you have supported will be provided on the RECAN website.

    5. Some donations to charity can be claimed as tax deductions on your individual tax return each year. It is a responsibility of charity to keep the record and provide a formal acknowledgment letter for your donation.

    6. Members can claim their online credits to receive gift vouchers. We are working with GiftPay – Unified Incentives Pty Ltd and there are more than 40 affiliated national partners. Once members claim their gift voucher, it is members’ responsibility to follow the terms and condition of gift vouchers.

    7. RECAN may, in our sole discretion, to donate to local causes for unclaimed on-line credits for those who have left (regardless willingly or unwillingly) the membership after 90 days. It gives 90 days grace time for members to claim their remaining on-line credits.

    8. RECAN reserve the right, at any time at our sole discretion, to make changes to the redemption options available on RECAN.

  7. Theft

    1. RECAN is not liable for any loss or theft prior to pickup by the driver.

    2. Members therefore, are responsible to keep their containers / bags secure on their property until the completion of the pickup.

  8. Permission to enter property

    1. By booking the pickup service, you agree for our driver to access your property for the purpose of collecting bags.

    2. Specific bag location and access information must be informed to make the pickup safe and effective.

  9. Copyright and Intellectual Property

    1. The Website, the Services and all of the related products of RECAN are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by RECAN or its contributors.

    2. RECAN retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

      1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of RECAN; or

      2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

      3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

    3. You may not, without the prior written permission of RECAN and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

  10. Privacy

    RECAN takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to RECAN's Privacy Policy, which is available on the Application.

  11. General Disclaimer

    1. You acknowledge that RECAN does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

    2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    3. Subject to this clause, and to the extent permitted by law:

      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

      2. RECAN will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    4. Use of the Website, the Services, and any of the products of RECAN is at your own risk. Everything on the Website, the Services of RECAN, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of RECAN make any express or implied representation or warranty about its Content or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

      2. the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);

      3. costs incurred as a result of you using the Website, the Services or any of the Products;

      4. the Content or operation in respect to links which are provided for the User's convenience;

      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  12. Limitation of Liability

    1. RECAN’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the value agreed in the contract or clause 6 under these Terms, then the total liability of RECAN is the resupply of Services to you.

    2. You expressly understand and agree that RECAN, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    3. RECAN is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of RECAN, by third parties or by any of the Services offered by RECAN.

  13. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by RECAN as set out below.

    2. If you want to terminate the Terms, you may do so by:

      1. notifying RECAN at any time via www.recan.co; and

      2. closing your accounts for all of the Services which you use, where RECAN has made this option available to you.

    3. RECAN may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision;

      2. RECAN is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or

      3. the provision of the Services to you by RECAN is, in the opinion of RECAN, no longer commercially viable.

    4. Subject to local applicable laws, RECAN reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts RECAN's name or reputation or violates the rights of those of another party.

    5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and RECAN have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

  14. Indemnity

    1. You agree to indemnify RECAN, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

      3. any breach of the Terms.

  15. Dispute Resolution

    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

      1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

      4. The mediation will be held in Herston, Queensland, Australia.

    4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  16. Venue and Jurisdiction

    The Services offered by RECAN is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

  17. Governing Law

    The Services offered by RECAN is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

  18. Independent Legal Advice

    The Services offered by RECAN is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

  19. Severance

    The Services offered by RECAN is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

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© RECAN 2020