Terms and conditions.

 

Website Terms and Conditions of Use

About the Website

Welcome to envirobank.com.au (Website). The Website facilitates interactions between: (a) Envirobank Recycling (Australia) Pty Ltd (ABN 15 140 791 605) (We, Us, Our, Ours), a recycling company offering automated recycling services and a loyalty program called Crunch; and (b) you (You, Yours),

and govern your use of the Website and form a binding agreement between You and Us in relation to Your use of the Website (Terms). If you become a Member of our Crunch Rewards Program by signing up for an Account via this Website, the Crunch Rewards Program Terms and Conditions will apply. Additional terms and conditions governing Your relationship with Us that are contained in other Website pages (including the Privacy Policy at https://www.envirobank.com.au/privacy-policy/) are incorporated into and will form part of these Terms.

Definitions

  1. In these Terms:

    1. Bonus Credits means the points that can be earned through activities or behaviours at Envirobank Locations, as communicated by Us on the Website from time to time. Bonus Credits can only be used towards Rewards in the Crunch store. They cannot be redeemed for cash or charity products in the Crunch store.
    2. CDS means the Container Deposit Scheme established by legislation in the Australian Capital Territory, New South Wales, the Northern Territory, Queensland and South Australia under which consumers and/or beverage suppliers who recycle Eligible Beverage Containers are entitled to a ten-cent refund.
    3. Crunch Credits means the points earned by a Member in the Crunch Rewards Program, which a Member may collect when a Member recycles Eligible Beverage Containers at an Envirobank Location. Crunch Credits can be redeemed for cash (e.g. 10 cents per Eligible Beverage Container) in the Crunch store.
    4. Crunch Rewards Program means the loyalty rewards program operated by Envirobank whereby Members may earn Crunch Credits and subsequently redeem Crunch Credits for Rewards in accordance with these Terms.
    5. Donation Credits means the rewards points earned through activities or behaviours at Envirobank Locations, as communicated by Us from time to time. Donation Credits can only be used towards charity products in the Crunch store. They cannot be redeemed for cash or Rewards.
    6. Eligible Beverage Containers means beverage containers that attract a deposit and refund under the CDS in the State or Territory where the filled Eligible Beverage Container was first sold to the public.
    7. Envirobank Locations are RVMs, depots, Drop’n’Go sites, pop-up collection points or other locations operated by us where customers can deposit their Eligible Beverage Containers for recycling and earn Crunch Credits and/or Bonus Credits and Donation Credits (if applicable).
    8. Member means a registered member of the Crunch Rewards Program.
    9. Non-Excludable Rights has the meaning in the General Disclaimer section of these Terms.
    10. Rewards are products or services provided by Crunch’s rewards partners that Members can obtain by redeeming the required amount of Crunch Credits.  Crunch Credits can be redeemed online and/or by the interactive screen on a RVM.
    11. RVM is a Reverse Vending Machine operated by Us that accepts Eligible Beverage Containers for recycling.
    12. Services are the services we provide to you on the Website, including the Crunch Rewards Program.

Updating these Terms

  1. We may, from time to time, review and change any of these Terms at Our sole discretion by updating this page. You should therefore carefully read the latest version of these Terms whenever you use the Website.
  2. If We do update these Terms, We will use reasonable endeavours to provide You with notice of those updates. Any changes to the Terms take effect 7 days from the date of their publication on the Website.
  3. We recommend you keep a copy of these Terms for your records.

Acceptance of the Terms

  1. By using the Website, You agree that the then current version of these Terms applies to Your use of the Website.
  2. If You do not agree to these Terms, You must immediately cease use of the Website and the Services.
  3. By using, browsing and/or reading the Website, You are taken to have read, understood and agreed to be bound by these Terms. You are also taken to have accepted and agreed to be bound by these Terms by registering for the Services and/or making or receiving any payment or redeeming any Rewards.

Registration

  1. In order to access the Services, You must become a Member by registering for an account (Account) through the Website. You are solely responsible for the use of Your Account and must ensure that You keep all passwords secure. All use of Your Account is deemed to be use of the Website by You for the purposes of these Terms.
  2. As part of the registration process, or as part of your continued use of the Services, You may be required to provide Us with personal information (Information) about yourself (such as identification or contact details), including:
    1. your email address;
    2. your full name;
    3. your telephone number;
    4. your password; and
    5. your postcode.
  1. You warrant that any Information You give to Us is accurate, correct and up to date. It is Your responsibility to inform Us of any changes to that information (including without limitation your email address), by updating your details on the relevant section of the Website.
  2. Once You have completed the registration process and have been assigned a membership number, You will be registered as a Member of the Crunch Rewards Program.
  3. You are not eligible to be a Member and You may not use the Services if:
    1. You are not 16 years of age or older; or
    2. You are not an Australian resident.
  1. Once your registration has been successfully completed, You will be assigned a digital Crunch card with a unique membership number which can be accessed within your Account.

Your obligations as a Member

  1. As a Member, You agree to comply with the following:
    1. You will not share your profile or Membership card with any other person;
    2. You will use the Services only for purposes that are permitted by:
      1. these Terms; and
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  1. The right to use the Website is personal to You and is not transferrable to any other person or entity. You must not give or allow any other person to use Your membership number, password or other credentials.
  2. You have sole responsibility for protecting the confidentiality of Your membership number, password and email address. We may immediately cancel Your membership and Your access to the Services if You give or allow any other person to use Your membership number or password.
  3. You agree to immediately notify Us of any unauthorised use of Your password, membership number or email address or any breach of security of which You become aware.
  4. You must not expressly or impliedly impersonate another Member or use the profile, Membership number, Membership card or password of another Member at any time.
  5. Any content that You broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) must be accurate, correct and up to date and You must maintain reasonable records of Your Content.
  6. You must not harass, impersonate, stalk or threaten another Member (where interaction with other Members is made available to You).
  7. Access to and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of accessing the Services.
  8. You must not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Us in writing.
  9. You must 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.
  10. You agree that We may remove commercial advertisements, affiliate links and other forms of solicitation without notice and we may also terminate Your access to the Services in our sole discretion if You engage in any of the activities described above.

Crunch Rewards Program – Terms and Conditions

  1. Your Membership card must be scanned to accrue Crunch Credits at the time Eligible Beverage Containers are presented by You for recycling at an Envirobank Location.
  2. Once enough Crunch Credits are generated, Members can redeem and receive Rewards through the Website. Except for a conversion of your Crunch Credits into Velocity Frequent Flyer points in accordance with the Envirobank and Velocity Partnership Terms and Conditions, Crunch Credits are not transferable and cannot be combined with Crunch Credits from another Member’s account.
  3. Crunch Credits are earned when a Member presents Us with uncontaminated Eligible Beverage Containers for recycling in one of the Envirobank Locations.
  4. We may investigate any suspected fraudulent or other inappropriate activity at any time. If, having investigated the activity, We find that You have acted fraudulently or obtained Crunch Credits or Rewards by inappropriate or illegitimate means, We may, acting reasonably:
    1. suspend Your Crunch account;
    2. reverse any Crunch Credits or Rewards obtained by inappropriate or illegitimate means; and
    3. report any fraudulent activity to the relevant authorities for further review and prosecution.
  5. If You have a query about the amount of Crunch Credits in Your account or if You believe there is a discrepancy in Crunch Credits in Your account, You must contact us in writing and explain Your query as soon as reasonably possible after the disputed transaction has occurred.
  6. For each uncontaminated Eligible Beverage Container presented by a Member to an Envirobank Location with the Member’s Membership card the Member earns 15 Crunch Credits.
  7. If You choose to donate your Crunch Credits to Our chosen charity the donation is not tax-deductible.
  8. Additional campaigns, services and tools used to promote Crunch, such as mobile apps, major prize draws and other similar offers (including those providing for the provision of Bonus Credits and/or Donation Credits), will be subject to additional terms and conditions that We will publish or make available with those campaigns, services or tools.

Payment

  1. We will only make cash payments or electronic funds transfers or give Rewards to Members participating in the scheme in States or Territories of Australia where Container Deposit Legislation and a 10 cent refund for recycling drink containers is in place.
  2. You agree that, if the Reward You select is of greater value than the Crunch Credits available in your account for redemption, then You may either pay for the amount of shortfall before You are entitled to the Reward or otherwise elect not to proceed with the redemption.
  3. All payments to You are made using Paypal (PayPal).
  4. In using the Website or the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website – www.paypal.com.au.

Refund Exchange Policy for Rewards

    1. Your selection and purchase of Rewards, offers and vouchers is final and cannot be refunded in Crunch Credits or in cash or exchanged for other rewards. In cases where a Reward is provided by a third party provider, the Member must accept and agree to be bound by that third party provider’s terms and conditions.
    2. Notwithstanding the above clause, if You are unsatisfied with the services provided by a specific Reward provider or You have received faulty products or services, then You must contact Us through the ‘Contact us’ section of the Website and outline in writing to Us within 14 days of redeeming the Reward why You believe You are entitled to any redress. Subject to any Non-Excludable Rights, Our decision will be final and binding on You and cash refunds will not be made under any circumstances.

Copyright and Intellectual Property

    1. The Website, the Services and all of Our related products are protected by intellectual property laws.
    2. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
    3. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Us or Our contributors.
    4. All trade marks, service marks and trade names used on the Website (including, without limitation, ENVIROBANK and CRUNCH) are owned, registered and/or licensed by Us and We grant to you a worldwide, non-exclusive, royalty-free, non-sub-licensable, revocable license whilst you are a Member limited to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in Your device’s cache memory; and
      3. print pages from the Website for Your own personal and non-commercial use.
    5. We do not grant to You any other rights whatsoever in relation to the Website or the Services or any of Our other intellectual property. All other rights are expressly reserved by Us.
    6. We retain all rights, title and interest in and to the Website and all related Services.
    7. Nothing You do on or in relation to the Website will transfer to You any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. thing, system or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation or modification of such a thing, system or process).
    8. You may not, without Our prior written permission and the written 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 Services or third party Services for any purpose, unless otherwise provided by these Terms.
    9. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
    10. Where You broadcast, publish, upload, transmit, post or distribute Your Content on or to the Website, then you grant to Us a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

Privacy

    1. We take Your privacy seriously and any information provided through Your use of the Website and/or Services are subject to Our Privacy Policy, which is available on the Website.

General Disclaimer

    1. Certain legislation (including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law)), regulation, common law, standards, rules, government notices, conventions or other guidance from regulators or governing bodies (Rules) may
      imply warranties, conditions or guarantees or impose obligations or remedies which cannot be
      excluded, restricted or modified except to a limited extent (Non-Excludable Rights). Nothing in these Terms has the effect of limiting or excluding any Non-Excludable Rights.
    2. 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 the Terms are excluded; and
      2. we will not be liable for any special, indirect or consequential loss or damage, 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.
    3. If the provisions of the Australian Consumer Law apply, notwithstanding any other provision of these Terms, to the extent to which We are entitled to do so, Our liability in respect of any claim under those provisions is limited to, at Our option:
      1. in the case of goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of having the goods repaired, and
      2. in the case of services:
        1. the supply of the services again; or
        2. the payment of the cost of having the services supplied again.
    4. Use of the Website and the Services is at Your own risk. Subject to any Non-Excludable Rights, everything on the Website and the Services are provided to You “as is” and “as available” without warranty or condition of any kind. None of Our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products or Services (including Our products 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 Services, or any 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 Our products; and
      4. the Services or operation in respect to links which are provided for Your convenience.
    5. You acknowledge that the Website and the Services are only intended to facilitate the interactions between You and Us and we do not offer any services other than the Services and we have no liability to You as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

Limitation of Liability

    1. Subject to any Non-Excludable Rights and except to the extent caused or contributed to by Our unlawful actions or negligence:
      1. Our total liability to You arising out of or in connection with Your use of the Website or the Services however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You;
      2. You expressly understand and agree that We and Our affiliates, employees, agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages, loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss which may be incurred by You;
      3. you acknowledge and agree that We are not liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You as a result of providing Your Content to the Website.

Termination of Membership

    1. If You want to cancel Your Membership, You must give Us 30 days’ notice of Your intention to terminate by sending notice of Your intention to terminate to Us via the ‘Contact Us’ link on Our homepage.
    2. If You cancel Your Membership Your Crunch Credits become invalid.
    3. We may at any time, terminate Your Membership or Your access to the Website if:
      1. You have breached any provision of these Terms;
      2. We are required to do so by law;
      3. We cease to or are transitioning to no longer providing the Services to Members in the State or Territory in which you are resident or from which you use the Services; or
      4. the provision of the Services to You is, in Our opinion no longer commercially viable.
    4. When Your Membership comes to an end, all of the legal rights, obligations and liabilities that You and We 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.

Indemnity

    1. You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content or reward providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) resulting from:
      1. Your Content;
      2. any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so; and/or
      3. any breach by You of these Terms,

except to the extent caused or contributed to by Our unlawful actions or negligence or by Our failure to take reasonable steps to mitigate our loss or damage.

Dispute Resolution

    1. If a dispute arises out of or in relation to these 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. 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. On receipt of that notice (Notice) by that other party, the parties (Parties) must:
      1. Within 30 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, 30 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 head of an appropriate mediation body selected from the Australian Mediation Register 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 Sydney, New South Wales.
    4. 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.
    5. If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

    1. The Services offered by Us are 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 non-exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

    1. These Terms are governed by the laws in various States and Territories of Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by and under the laws of the relevant State or Territory where the dispute arose These Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Envirobank & Velocity Partnership T&Cs

Terms & Conditions

Velocity Frequent Flyer members must link their Velocity membership to their Crunch account to enable the transfer of their Crunch credits to Velocity Points. Linked members may transfer a minimum of 15 Crunch credits (equivalent to 5 Velocity Frequent Flyer Points) per redemption. Crunch credits can only be transferred in increments of 15.

Visit https://www.envirobank.com.au/crunch to transfer Crunch credits. To earn and redeem Velocity Points, you must be a Velocity member. Standard Crunch Terms and Conditions (outlined above) apply to the collection of Crunch credits. Standard Velocity Frequent Flyer Terms and Conditions apply once Points are transferred to Velocity Frequent Flyer.