Please read our terms and conditions below, if you have any queries please contact customer service.
CLOSE THE LOOP LIMITED (CLOSE THE LOOP) TERMS AND CONDITIONS
This page details the terms and conditions (T&C) for subscription to the Collection Services provided by Close the Loop.
Please click 'ACCEPT' to confirm that you have read and agree to these T&C.
Your subscription is conditional upon you agreeing to and complying with these T&C (as amended from time to time). Close the Loop reserves the right to amend the T&C at any time in its absolute discretion and will post the amended T&C on the Close the Loop website (Site).
Information about Close the Loop
Close the Loop Ltd ACN 095 718 317 (Close the Loop) provides sustainability solutions and waste recovery services, which includes the provision of Starter Kits for the purposes of recycling print and ink cartridges and bottles.
Contact details for Close the Loop:
By telephone: 1800 24 24 73
By email: firstname.lastname@example.org
Address: 208 Hume Highway, Somerton, VIC 3062.
Further information about Close the Loop can be found at www.closetheloop.com.au.
In the T&C, the following definitions apply:
Account means the personalised account of the Subscriber accessible from the Site.
Bags means the Close the Loop bags provided for the purposes of providing the Collection Services.
Collection Site means the site nominated for collection of the Bags.
Commencement Date means the date on which the payment of the first Subscription Fee by the Subscriber is received by Close the Loop.
Further Term means each subsequent period of 12 months after the Initial Term.
Initial Term has the meaning given in the definition of 'Term' below.
Intellectual Property means any and all intellectual property rights (anywhere in the world, whether statutory, common law or otherwise) including patents, patent applications, utility models, copyright (including future copyright), trademarks, logos and design marks, service marks, trade names, business names, brand names, designs, know how, trade secrets, domain names, other names and locators associated with the world wide web, internet addresses, semiconductor or circuit layout rights, whether arising before, on or after the date of acceptance of these T&C, and including all applications and rights to apply for registration of such intellectual property rights.
Ordinary Business Hours means Monday to Friday, 9am to 5pm.
Site means the Close the Loop website.
Starter Kits means the recycling cartons and bags provided by Close the Loop, which are to be stored at the Subscriber's designated place of business.
Subscription Fee means the annual fee of $90.00 AUD plus GST per annum.
Subscription Services means the provision and collection of Bags for the purposes of recycling print and ink cartridges and bottles.
Term means a period of twelve (12) months, commencing on the Commencement Date (Initial Term) as may be extended under these T&C by way of any Further Terms.
The Subscriber subscribes for the Subscription Services (as defined in clause 1) on the terms set out in these T&C.
On receipt of payment of the Subscription Fee, Close the Loop will provide the Subscription Services.
These T&C shall comprise an application for Subscription.
On subscription and annually thereafter the Subscriber is (subject to clause 4) required to pay the Subscription Fee to Close the Loop.
The Term will be automatically renewed each year for a Further Term on the anniversary of the Commencement Date in accordance with this clause.
Close the Loop will accept payment from all recognised providers including payment by direct debit, credit card, PayPal and BPAY.
For payment that is made by way of direct debt:
the Subscriber authorises Close the Loop, until further notice by the Subscriber in writing, to arrange for the Subscription Fee to be paid by way of direct debit;
if the Subscriber wishes to cancel the direct debit request the Subscriber must give at least 14 days written notice to Close the Loop at email@example.com or by telephone at 1800 242 473; and
In the event the Subscriber does not have sufficient cleared funds available in the nominated account to enable the payment to be made in accordance with the direct debit request and dishonour fees are charged, the Subscriber is liable for any fees incurred or loss suffered by Close the Loop for a failure to make the payment.
Close the Loop will forward a tax invoice for the Subscription Fee within 14 days of receipt of payment of the Subscription Fee. If the Subscriber wishes to alter any of the details provided to Close the Loop, the Subscriber must provide notice of these changes to Close the Loop.
Any queries concerning charges or disputed charges must, in the first instance, be directed to Close the Loop at firstname.lastname@example.org or by telephone at 1800 242 473
The Subscriber must nominate a time for the collection process to commence.
The subscriber must ensure bag(s) are ready before collection is made.
Subscriber must ensure pickup instructions are correct and saved within their account.
Subscriber will be liable if there is a futile pickup job due to their indiscretion.
SLA for collection is 5-10 days with Close the Loop’s logistics provider.
Logistic provider may change in the future and therefore subscriber will need to follow a different pickup protocol.
For instance (not limited to):
Select unique consignments from their portal when issuing a collection; and
Print labels and place them on the bag when issuing a collection.
Collection from the Subscriber will only be undertaken during Ordinary Business Hours at the Collection Site unless otherwise agreed between the parties.
In order to be eligible for collection, the Bags must be:
at least 75% full;
not over-packed making it difficult to tie;
without excessive amounts of rubbish included;
secured with the supplied cable tie; and
cannot exceed 16 kilograms in weight in accordance with Occupational Health and Safety requirements.
If the Subscriber has multiple Collection Sites, the Subscriber will be charged the Subscription Fee in relation to each Collection Site. Close the Loop may, at its absolute discretion, waive the Subscription Fee, where a Subscriber has multiple Collection Sites.
Loss or damage to Starter Kits
If the Subscriber loses or damages the Starter Kits, the Subscriber will be responsible for the costs of replacement.
The Subscriber will be able to manage its registration as a subscriber, book collections, re-order consumables and liaise with the Close the Loop team via the Site.
The Subscriber is responsible for the accuracy of the information provided to Close the Loop and the data entered on the Account.
The Subscriber must ensure that collections and delivery instructions are correct to avoid futile logistics charges.
The Subscriber is responsible for all actions taken by any person who accesses or uses their Account.
The Subscriber should ensure that only authorised representatives are provided with their log in details and that the password is changed if the Subscriber no longer wants a previously authorised person to have continued access.
The Subscriber must maintain the confidentiality of their password and notify Close the Loop immediately at email@example.com if the Subscriber becomes aware of any unauthorised use of its Account.
The Subscriber must not and must ensure that none of their authorised representatives:
use their Account for an unlawful purpose;
impersonate another person;
misrepresent their authority to act;
undermine or attempt to undermine the security or integrity of the computing systems or networks relating to or associated with the Account or the IT system;
attempt to gain, or allow others to gain, unauthorised access to the IT system; and
attempt to decompile, or reverse-engineer any part of the Subscriber's Account or the Site; or
transmit any material in violation of any law or rights of any person, including material protected by copyright, material that is threatening or obscene, material that is defamatory or material protected by trade secrets or privacy.
The Subscriber must not use the Intellectual Property of Close the Loop except with the prior written approval of Close the Loop.
Liability of Close the Loop
To the fullest extent permitted by law:
all conditions and warranties which would otherwise be implied in these T&C (by statute, general law, equity or otherwise) are expressly excluded;
the liability of Close the Loop for all claims connected directly or indirectly with these T&C and the Subscription Services is limited to the amount paid by the Subscriber to Close the Loop in the preceding 12 month period on account of the Subscription Fees. Legislation providing for apportionment of liability also applies;
Close the Loop excludes all liability for:
loss of profit, goodwill, business opportunity or anticipates savings or benefits; and
indirect or consequential loss or damage.
Close the Loop accepts no liability to any third party in connection with these T&C or the Subscription Services;
Close the Loop will be discharged from all liability in connection with these T&C and the Subscription Services, whether under the law of contract, tort, statute or otherwise, on the expiration of one year from the date on which the final collection of Bags is made from the Subscriber; and
access to the Subscriber's Account and the Site may, from time to time, be disrupted. Close the Loop will not be liable to the Subscriber in the event of such disruption, whatever the cause.
Term and Termination
The Subscription Fee relates to the Term.
If the Subscriber does not pay the Subscription Fee the Subscriber will not be permitted to access their Account or access the Subscription Services.
Close the Loop may terminate provision of the Subscription Services if the Subscriber:
fails to follow Close the Loop's reasonable and lawful directions relating to:
use of Close the Loop's Site;
use of Close the Loop's Intellectual Property;
fails to comply with Close the Loop's reasonable requirements for the Subscription Services, including where the Subscriber:
does not utilise the full capacity of the Bags;
uses the Bags for rubbish and removal of excess packaging, which is inconsistent with the recycling purposes;
becomes insolvent; or
the Subscriber has not paid the Subscription Fees within 14 days of the due date for payment.
The Subscriber may cancel its Account at any time during the Term. Such cancellation will not entitle the Subscriber to any refund of the Subscription Fee.
Each party represents and warrants that:
if it is a body corporate, it is an entity duly formed and registered and validly existing under the laws of Australia;
if it is an individual, it has legal capacity and ability to contract;
these T&C do not conflict and will not result in the breach of, or default under, the provision of its constitution, or any material term or provision of any agreement to which it is a party, or any writ, order or injunction, judgment, law, rule or regulation applicable to it;
to its knowledge there are no actions, claims, proceedings or investigations pending or threatened against it or by, against or before any person which may have a material effect upon the subject matter of these T&C; and
it has the power and legal authority to enter into and perform its obligations under these T&C.
These T&C contain the entire agreement between Close the Loop and the Subscriber to the exclusion of any express or implied term, whether expressed orally or in writing, including any conditions, warranties and representations and shall supersede all previous letters of engagement, undertakings, agreements and correspondence, except as permitted by law.
The Subscriber agrees and acknowledges that nothing in these T&C shall be deemed to create a partnership, joint venture, fiduciary, employment, agency or other relationship between the Subscriber and Close the Loop.
The Subscriber must not assign any of its rights or obligations under these T&C without the prior written consent of the Close the Loop (such consent not to be unreasonably withheld).
These T&C are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.
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