Commercial Venue Services Terms

Key Terms Summary

The Terms

1. Acceptance and formation of this Agreement
1.1 These Terms apply when you select a Plan in the Platform and click “I Accept” (or use an equivalent online acceptance mechanism), or when you first book a Pickup, whichever happens first. If you accept on behalf of a company or other business, you represent and warrant that you have authority to bind it.
1.2 This Agreement consists of:
(a) the Plan Details;
(b) these Terms, including the Schedule; and
(c) the RAF Verification Standard, to the extent referred to in clauses 9 and 10.
1.3 If there is an inconsistency and subject to clause 16.4, the Plan Details prevail over these Terms, and these Terms prevail over the RAF Verification Standard. Nothing in this Agreement permits a Verified Statement to be issued or cited otherwise than in accordance with the RAF Verification Standard.
1.4 These Terms are the only terms on which RAF supplies the Service to a venue. They apply to every venue, whatever its size or Plan. No other platform or app user terms apply to you in your capacity as a venue.
1.5 Before you accept, RAF makes these Terms, the RAF Verification Standard and RAF’s privacy policy available in the Platform and on RAF’s website. When you accept, RAF will email you a copy of these Terms (with their version number and date) and your Plan Details and will keep a record of your acceptance.
1.6 You acquire the Service for the purposes of your business.
2. Interpretation
2.1 In this Agreement, the following terms have the following meanings:
Accredited Collector
an individual who holds a current accreditation issued by RAF to perform Pickups through the Platform.
Additional Pickup
a single Pickup booked in advance through the Platform in addition to the Pickups included in your Plan as described in clause 6.2.
Agreement
the agreement between you and RAF described in clause 1.2.
Billing Period
each period of one month (or other period stated in the Plan Details) starting on the Commencement Date or on the corresponding day of each following period.
Business Day
a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
Collection Point
the place at the Premises, stated in the Plan Details, at which you present Containers for a Pickup.
Collection Record
the record of a Pickup that RAF makes available to you in the Platform under clause 9.3.
Collector
in relation to a Pickup, the Accredited Collector who accepts that Pickup.
Commencement Date
the date on which you accept these Terms under clause 1.1, or any later start date stated in the Plan Details.
Containers
the Eligible Containers you present for a Pickup.
Depot Count
has the meaning given in the RAF Verification Standard.
Early Exit Amount
the amount described in clause 19.3.
Eligible Container
an empty beverage container that is eligible for a refund under the Scheme that applies at the Premises.
Estimate
has the meaning given in the RAF Verification Standard.
Evidence Record
the images, timestamps, geolocation data, booking reference, depot docket image, docket number, Depot Count and related data captured for a Pickup.
Failed Pickup
has the meaning given in clause 6.4.
Fees
the Plan Fee and the other charges stated in the Plan Details.
Force Majeure Event
any event beyond the reasonable control of the affected party, including flood, storm, fire or other natural disaster, epidemic, act of government, road closure, failure of communications or equipment, cyber-attack, and the failure, closure or suspension of any Scheme, depot or refund point.
Minimum Term
the minimum term (if any) stated in the Plan Details.
Missed Pickup
has the meaning given in clause 12.1.
Pickup
a single scheduled attendance at the Collection Point by a Collector to collect Containers.
Pickup Window
the time window for a Pickup stated in the Plan Details or agreed in the Platform.
Plan
the service plan you select in the Platform.
Plan Details
the particulars of your Plan listed in the Schedule, as shown in the Platform when you select the Plan and as confirmed to you by email, as changed from time to time under this Agreement.
Plan Fee
the recurring fee for your Plan stated in the Plan Details.
Platform
RAF’s software platform, applications, website, portal and interfaces through which the Service is delivered.
Premises
the business premises stated in the Plan Details.
RAF
Recycled AF Pty Ltd (ACN 701 725 368) of 20 Ashgrove Avenue, Runaway Bay QLD 4216.
RAF Verification Standard
the document of that name published by RAF, in the version published on the Platform when you accept these Terms, as amended in accordance with clause 21.
RAF Verify Mark
the VERIFIED BY RECYCLED AF logo (Australian trade mark application no. 2693350) and any other mark identified in the Rules of Use.
Reconciliation Check
the reconciliation check applied by RAF under the RAF Verification Standard.
Reconciliation Parameters
the tolerances, thresholds and anomaly-detection parameters recorded from time to time in RAF’s confidential Reconciliation Parameter Register and applied by RAF in performing the Reconciliation Check.
Refund
the refund amount paid under a Scheme when an Eligible Container is returned.
Response Window
the period stated in the Plan Details or, if none is stated, 48 hours.
Rules of Use
the RAF Verify Mark rules of use published by RAF from time to time.
Scheme
the container deposit scheme established under the law of the State or Territory in which the Premises are located.
Service
the service described in clause 3.1.
Site Requirements
your reasonable requirements for attendance at the Premises (for example sign-in, access times, the containers to be collected and parking), as recorded by you in the Platform.
Term
the period from the Commencement Date until this Agreement ends.
Terms
these Commercial Venue Services Terms.
Venue Data
data about you and the Premises supplied by you or on your behalf, including contact details and Site Requirements.
Verified Statement
a statement issued by RAF under and in conformance with the RAF Verification Standard, bearing a statement number and resolving on the Verify Register.
Verify Register
the public register operated by RAF at which Verified Statements resolve and their status is recorded, being at the date of these Terms https://recycled-af.com/statement/[statement number], or such other URL as RAF notifies.
you or Venue
the business that accepts these Terms and is named in the Plan Details.
2.2 In this Agreement, unless the contrary intention appears:
(a) the singular includes the plural and conversely;
(b) a reference to a clause or the Schedule is to a clause of or the Schedule to these Terms;
(c) headings are for convenience only and do not affect interpretation;
(d) “includes” and “including” are not words of limitation; and
(e) a reference to legislation includes that legislation as amended or replaced.
3. The Service
3.1 RAF will provide the following to you (the Service):
(a) access to the Platform to manage your Plan, book and manage Pickups and record your Site Requirements;
(b) listing each scheduled Pickup on the Platform for acceptance by Accredited Collectors;
(c) re-releasing a Pickup that has not been accepted or attended, in accordance with clause 12;
(d) capture of an Evidence Record and provision of a Collection Record for each Pickup in accordance with clause 9;
(e) where your Plan includes them, the issue of Verified Statements in accordance with clause 9;
(f) where your Plan includes them, the supply of bags or bins; and
(g) support through the Platform and by email.
3.2 RAF will provide the Service with due care and skill and will use reasonable efforts to have each scheduled Pickup accepted by a Collector and performed within its Pickup Window.
3.3 Each Pickup is performed by the Accredited Collector who accepts it. RAF arranges the Pickup through the Platform, operates the evidence capture and the accreditation process, and does not itself attend the Premises or supervise the Collector at the Premises.
3.4 The Service is available only for Premises located in a State or Territory in which RAF operates the Service, as shown in the Platform.
3.5 RAF may change the features of the Platform or the Service where it has reasonable grounds to do so. If a change materially and adversely affects you, RAF will give you not less than 30 days’ notice and you may terminate this Agreement under clause 21.2.
4. What the Service is not
4.1 The Service:
(a) is not a general waste, recycling or licensed waste collection service. It collects Eligible Containers only, and your arrangements for all other waste and recycling are unaffected;
(b) does not register you with, or make you a participant in, any Scheme;
(c) does not discharge any of your obligations under any Scheme, or any waste, environmental, planning, lease or reporting obligation;
(d) carries no guarantee of the number of Containers collected, of the Refund paid on them, or of any saving on your other waste or recycling costs; and
(e) does not certify, accredit or approve you, your Premises or your business.
5. Collectors
5.1 Each Collector is an independent contractor who performs the Pickup on the Collector’s own account. A Collector is not an employee or agent of RAF, or an employee or agent of yours. Accreditation is a revocable credential issued by RAF to permit an individual to accept Pickups through the Platform.
5.2 Before an individual may accept a Pickup under these Terms, RAF requires the individual to:
(a) hold a current accreditation from RAF;
(b) have completed RAF’s commercial induction, which covers compliance with each venue’s Site Requirements; and
(c) have declared through the Platform that they hold current public liability insurance covering their collection work.
RAF records each declaration under clause 5.2(c) and the date it is given and requires it to be renewed every 12 months. RAF does not verify a declaration and does not warrant that any Collector is insured, or that any insurance a Collector holds is adequate for your purposes. If you want evidence of a Collector’s insurance, you may ask the Collector for a certificate of currency, and you may make that a Site Requirement under clause 5.5.
5.3 Each Collector carries a digital Verified Collector card that you can scan to see the Collector’s first name and last initial and current accreditation status. You may refuse access to any person who cannot show a current card, and you should report that refusal through the Platform or by email.
5.4 The full address of the Premises is disclosed to a Collector only when the Collector accepts a Pickup.
5.5 You may require a Collector to comply with your Site Requirements. Otherwise, you must not direct or supervise how a Collector performs a Pickup. Nothing in this clause limits any duty that you, RAF or a Collector has under work health and safety laws.
5.6 If you have a complaint about a Collector, you should report it through the Platform or by email within 5 Business Days of the Pickup. RAF will review the complaint, may suspend or revoke the Collector’s accreditation, and will tell you the outcome to the extent the law permits.
5.7 If you wish to make a claim against a Collector, RAF will, on request, give you the Collector’s full name and, if the Collector has given it to RAF, the name of the Collector’s public liability insurer, to the extent the Collector has consented and the law permits.
5.8 RAF does not promise that the same Collector will attend each Pickup.
5.9 During the Term and for 3 months after it ends, you must not arrange with a Collector whom you first dealt with through the Platform for that Collector to collect Eligible Containers from the Premises other than through the Platform. If you do, RAF may charge you an amount equal to one month’s Plan Fee, which the parties agree is a genuine pre-estimate of RAF’s loss of the introduction. This clause does not restrict any Collector and does not prevent you from using any other collector, charity, service provider or refund arrangement. This clause 5.9 ceases to apply when this Agreement ends if RAF terminates it under clause 19.4, or you terminate it under clause 11.6, 12.4, 19.5, 21.2 or 22.3.
6. Booking and scheduling Pickups
6.1 The Plan Details state the number of Pickups included in each Billing Period, their frequency and the Pickup Windows. You book and confirm Pickups in the Platform.
6.2 You may book Additional Pickups through the Platform. Additional Pickups are bought in advance at the price in the Plan Details, are paid for when bought, do not expire, and stay available if the venue changes Plan, until they are used or refunded under 20.1.
6.3 You may change or cancel a Pickup through the Platform no later than 24 hours before the start of its Pickup Window. A Pickup cancelled in time does not count against the Pickups included in your Plan. A Pickup cancelled later than that counts as a Pickup used if a Collector had accepted it before you cancelled it. If no Collector had accepted it, it does not count as a Pickup used.
6.4 A Failed Pickup occurs where a Collector attends the Collection Point within the Pickup Window and cannot perform the Pickup because:
(a) the Collector is not given the access described in the Plan Details or your Site Requirements;
(b) no Containers are presented; or
(c) the Containers presented do not comply with clause 7.1 or clause 7.3, or the Collection Point is unsafe.
The Collector will record evidence of the attendance in the Platform. A Failed Pickup counts as a Pickup used.
6.5 Pickups included in your Plan that are not used in a Billing Period do not carry over to the next Billing Period. This clause does not apply to Additional Pickups (see clause 6.2).
6.6 Any number of Containers you give RAF or a Collector (for example when choosing a Plan) is an Estimate. It is sizing information only and is never a count.
7. Your obligations at the Premises
7.1 For each Pickup, you must present the Containers at the Collection Point within the Pickup Window:
(a) in the bags or bins supplied by RAF or otherwise agreed in the Platform;
(b) empty, and reasonably free of liquid, food and other contamination;
(c) separate from general waste and other recycling;
(d) so that the Containers can be seen and photographed; and
(e) within any volume limit stated in the Plan Details.
7.2 Unless the Plan Details state otherwise, the Collection Point is outside the building and Collectors do not enter the Premises. You must ensure that the Collection Point and the access to it are safe, clear, adequately lit during the Pickup Window, and lawfully accessible. You must record in your Site Requirements any hazard at the Premises that a Collector should know about.
7.3 You must not present anything other than Eligible Containers, and in particular must not present sharps, loose broken glass, chemicals, hazardous substances or containers with hazardous residues.
7.4 You must comply with your duties under work health and safety laws as a person with management or control of the Premises.
7.5 You must ensure that you are entitled to give the Containers to a Collector, that you have not agreed to give them to anyone else, and that presenting them at the Collection Point complies with any lease, building rules or other arrangement that applies to the Premises.
7.6 You must keep your Venue Data and Site Requirements accurate and up to date in the Platform.
7.7 Bags or bins supplied by RAF remain RAF’s property unless the Plan Details state otherwise. You must take reasonable care of them and make them available for collection when this Agreement ends. If they are lost or damaged beyond fair wear and tear while at the Premises, RAF may charge the replacement cost stated in the Plan Details.
8. Containers, title and Refunds
8.1 Title to and risk in the Containers pass to the Collector when the Collector takes possession of them at the Collection Point.
8.2 The Refund on each Container belongs to the Collector. It is the Collector’s payment for the Pickup. You have no claim to any Refund.
8.3 The Collector returns the Containers at a refund point of the Collector’s choice and in the Collector’s own name or in the name of a person the Collector nominates, and the Refund is paid to the Collector directly or that person directly. RAF does not receive, hold, share or deduct any Refund.
8.4 Refunds are not credited against the Fees, and the Fees are not reduced by the number of Containers collected.
9. Evidence, Collection Records and Verified Statements
9.1 You consent to each Collector photographing the Containers at the Collection Point and recording the time and location of the Pickup, and to the Collector photographing the depot docket for the Containers. You warrant that you are able to give that consent for the Premises and the Collection Point.
9.2 Collectors are instructed to photograph the Containers and not people. You must take reasonable steps to keep your staff and customers out of frame during a Pickup. RAF handles any incidental image of a person in accordance with its privacy policy.
9.3 RAF will make available to you in the Platform a Collection Record for each Pickup, showing the date and time, the Collector’s first name and last initial, the Container images and the information recorded from the depot docket. A Collection Record is an operational record. It is not a Verified Statement, and you must not describe it, or any figure derived from it, as verified, audited, assured, certified, confirmed or independent.
9.4 Where your Plan includes Verified Statements, RAF will issue a Verified Statement for a Pickup only where the evidence requirements of the RAF Verification Standard are satisfied in full and the Reconciliation Check has passed. Verified Statements are issued only by RAF.
9.5 Every Verified Statement identifies its provenance class (Counted, Allocated or Declared), which RAF determines in accordance with the RAF Verification Standard. Classes are not blended within a single figure, and an Estimate is never presented as a count.
9.6 RAF does not guarantee that a Pickup will produce a Verified Statement of any particular class, or at all. A Collector may carry Containers from more than one venue in the same run. Where a count for your Premises alone cannot be recovered from the depot count, any Verified Statement for the Pickup will be of a class other than Counted and will disclose how the figure was allocated, or no Verified Statement will issue.
9.7 A Verified Statement is valid only while it appears on the Verify Register with the status “current”. Its status is current, superseded or withdrawn, and a status is never changed by deletion. A correction is made by issuing a new Verified Statement that supersedes the earlier one; the earlier statement’s verify URL continues to resolve and records that it has been superseded. The contents of a Verified Statement are fixed at issue and are never silently edited.
9.8 If the Reconciliation Check identifies an anomaly, no Verified Statement issues and the Pickup is referred to RAF for human review. The review is a fresh review of the complete evidence for the Pickup. RAF aims to complete the review within 2 Business Days and will tell you if it will take longer. RAF will then issue the Verified Statement, decline to issue it, or take action against the Collector if the evidence appears staged or falsified.
9.9 The Reconciliation Parameters are confidential to RAF. You must not seek to ascertain, infer or publish them.
9.10 RAF aims to issue a Verified Statement within 10 Business Days after the Containers are returned at a depot but does not guarantee that timing.
9.11 A Verified Statement is only as good as the evidence captured. The independent element of a Verified Statement is the Depot Count, which is produced by Scheme infrastructure that RAF does not operate. RAF is not responsible for the accuracy of information supplied by a Collector, a depot or you.
9.12 RAF will keep each Verified Statement issued for your Pickups resolving on the Verify Register for not less than 7 years after its issue, and you retain read access to those statements after this Agreement ends. You are responsible for keeping your own copies.
10. Using Verified Statements, the RAF Verify Mark and your own claims
10.1 You may cite a Verified Statement only verbatim, being the statement panel in the form in which RAF issued it, including its statement number and a live link to its verify URL.
10.2 You must not recompute, add together, blend, round, restate or otherwise derive a figure from one or more Verified Statements and present that figure as verified, or present it with or near the RAF Verify Mark. You may calculate your own totals, provided you present them as your own figures and do not describe them as verified or use the RAF Verify Mark with them.
10.3 RAF grants you a limited, non-exclusive, non-transferable, revocable licence during the Term (and afterwards to the extent permitted by clause 10.4) to display the RAF Verify Mark only as it appears on the panel of a current Verified Statement, and only in accordance with the Rules of Use or, until RAF first publishes the Rules of Use, section 8 of the RAF Verification Standard. You must not alter the RAF Verify Mark, apply it to any product, packaging or container, or use it as or in your own name, trade mark or domain name.
10.4 You must stop using a Verified Statement and the RAF Verify Mark as soon as the statement ceases to be current and must stop all use of the RAF Verify Mark when this Agreement ends, except that you may continue to distribute printed material that exists at the end of this Agreement, and cannot reasonably be recalled, for up to 60 days. That exception does not apply to material citing a Verified Statement that has been superseded or withdrawn.
10.5 You must not represent that you, your Premises or your business is certified, accredited, approved or verified by RAF, or that a Verified Statement shows that you are “zero waste”, “carbon neutral” or anything similar.
10.6 A Verified Statement records the evidence captured for the Pickup it identifies, at that time and place only. It is not continuous monitoring of your Premises, does not discharge any of your waste, Scheme, environmental or reporting obligations, and is not advice. How you use a Verified Statement in your own sustainability or other reporting is a matter for you and your own assessor or auditor, and RAF gives no warranty that any assessor, auditor, regulator or other person will accept it.
10.7 A Verified Statement is issued to and for you. If you provide it to another person, you must tell that person that it is provided on the terms of this clause 10. A person who requires RAF to accept a duty of care to it must obtain a separate written reliance letter from RAF, which RAF may issue on its own terms and for a fee.
10.8 RAF operates a collection marketplace and dispatches Collectors. It does not claim independence for its own dispatch operations; the independent element is the Depot Count, and a Verified Statement asserts that independence and no more. You must not describe RAF’s role otherwise.
10.9 RAF will not identify you as a customer in its marketing without your consent. You may say that you use the Service.
11. Fees and payment
11.1 You must pay the Fees stated in the Plan Details. Unless the Plan Details state otherwise, amounts are in Australian dollars and exclusive of GST.
11.2 The Plan Fee is charged in advance at the start of each Billing Period by recurring charge to the payment method you nominate in the Platform. Additional Pickups are charged when you buy them. Any other charges stated in the Plan Details are charged with the Plan Fee for the next Billing Period. RAF will issue a tax invoice for each charge.
11.3 RAF will not charge you any amount that is not stated in the Plan Details or these Terms.
11.4 If a payment fails, RAF will notify you. If the payment is not made within 7 days after that notice, RAF may pause Pickups until it is made. RAF will not charge you for any Pickup that did not occur because of the pause, and Pickups resume once payment is made.
11.5 If you dispute a charge, you should notify RAF through the Platform or by email within 30 days of the charge. RAF will review the dispute in good faith and refund or credit any amount charged in error.
11.6 RAF may change the Fees by giving you not less than 30 days’ notice. A change does not take effect during a Minimum Term unless the Plan Details state otherwise and does not take effect during any period for which the Plan Details (including any promotional terms stated in them) fix the Plan Fee. If you do not accept a change, you may terminate this Agreement by notice given before the change takes effect, without paying any Early Exit Amount, and RAF will refund any Plan Fee paid for the period after termination.
11.7 Where GST is payable on a supply made under this Agreement, the amount payable for the supply is increased by the amount of GST (unless the amount is stated to be inclusive of GST), and RAF will issue a valid tax invoice. Terms used in this clause have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
12. Missed Pickups and credits
12.1 A Missed Pickup is a scheduled Pickup that is not attended within its Pickup Window, other than a Pickup that you cancelled, a Failed Pickup, or a Pickup prevented by a Force Majeure Event.
12.2 If a Pickup has not been accepted or attended, the Platform will re-release it to Accredited Collectors and RAF will seek to have it performed within the Response Window after the end of the Pickup Window. A Pickup performed within the Response Window is not a Missed Pickup.
12.3 For each Missed Pickup that is not performed within the Response Window, RAF will give you, at your choice, a replacement Pickup at no charge or a credit against your next Plan Fee equal to the Plan Fee divided by the number of Pickups included in the Billing Period.
12.4 If three or more Missed Pickups occur in a Billing Period, you may terminate this Agreement immediately by notice, without paying any Early Exit Amount, and RAF will refund any Plan Fee paid for the period after termination.
12.5 Subject to clause 16.4, clauses 12.3 and 12.4 set out RAF’s entire liability for a Missed Pickup.
13. Privacy and confidentiality
13.1 Each party must comply with the Privacy Act 1988 (Cth), to the extent it applies to that party, in respect of personal information handled in connection with this Agreement. RAF handles personal information in accordance with its privacy policy, a current copy of which is available on RAF’s website.
13.2 You must tell your staff at the Premises that Pickups are photographed and that the time and location of each Pickup are recorded.
13.3 You may use information about a Collector that you receive through the Platform only for the purpose of the Pickups under this Agreement.
13.4 Each party must notify the other as soon as practicable if it becomes aware of any actual or suspected unauthorised access to, or disclosure of, personal information handled in connection with this Agreement and must cooperate reasonably in responding to it.
13.5 RAF may use data derived from the Service in aggregated or de-identified form for benchmarking, methodology development, product improvement, research and public reporting, provided that you and each Collector are not identified or reasonably identifiable.
13.6 Each party must keep confidential any non-public information of the other party that it receives in connection with this Agreement and that ought reasonably to be treated as confidential and use it only for the purposes of this Agreement, except where disclosure is required by law.
14. The Platform and intellectual property
14.1 RAF owns all intellectual property rights in the Platform, the RAF Verification Standard, the Evidence Records (other than your Venue Data), the Collection Records, the Verified Statements, the Verify Register and the RAF Verify Mark.
14.2 RAF grants you a non-exclusive, non-transferable right during the Term (and afterwards to the extent of the read access described in clauses 9.12 and 20.1(f)) to use the Platform for the purpose of receiving the Service. You may use Collection Records and Verified Statements for your own business purposes, subject to clause 10.
14.3 You must not, and must not allow any person to:
(a) copy, modify, reverse engineer, decompile or create derivative works of the Platform;
(b) probe or test the Platform or the Reconciliation Check, or submit data for the purpose of determining a tolerance or threshold;
(c) use robots, scrapers or other automated tools in connection with the Platform; or
(d) use the Service, or information derived from it, to develop a competing verification, assurance, certification or registry product or service.
14.4 You own your Venue Data. You grant RAF a non-exclusive, royalty-free licence to use your Venue Data for the purposes of providing the Service, operating the Verify Register and complying with law.
14.5 You must keep your Platform login details secure and are responsible for activity carried out using them.
15. Insurance and responsibility for Collectors
15.1 RAF’s insurance covers RAF’s own business only. Collectors are not insured under RAF’s insurance policies.
15.2 Before accepting a Pickup under these Terms, each Collector must declare that they hold current public liability insurance covering their collection work, as described in clause 5.2. RAF does not verify that declaration and does not warrant that any Collector is insured.
15.3 You are responsible for insuring the Premises and your own business. RAF recommends that you hold public liability insurance and may ask for evidence of it where the Collection Point is inside the Premises.
15.4 RAF is responsible for its own acts and omissions and those of its employees and contractors engaged by RAF to operate the Platform. Subject to clause 16.4, RAF is not responsible for the acts or omissions of a Collector, except to the extent that the loss is caused or contributed to by RAF’s own breach of this Agreement or negligence (including a failure to apply its accreditation process). A claim in respect of a Collector’s act or omission is to be made against the Collector, and RAF will assist you in accordance with clause 5.7.
16. Warranties and the Australian Consumer Law
16.1 Each party warrants that it has full power and authority to enter into and perform this Agreement.
16.2 RAF warrants to you that:
(a) it will provide the Service with due care and skill;
(b) it will apply its accreditation process, including the requirements in clause 5.2 (RAF records, but does not verify, the insurance declaration in clause 5.2(c)), before permitting an individual to accept a Pickup under these Terms; and
(c) it will issue Verified Statements only in accordance with the RAF Verification Standard.
16.3 You warrant to RAF that:
(a) the Venue Data you provide is accurate;
(b) you are entitled to give the Containers to a Collector, as described in clause 7.5;
(c) you are able to give the consent in clause 9.1; and
(d) you will comply with all laws that apply to you in connection with this Agreement.
16.4 Nothing in this Agreement excludes, restricts or modifies any right, guarantee or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified. Where RAF fails to comply with a consumer guarantee in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, RAF’s liability is limited, to the extent it is fair and reasonable, to supplying the services again or paying the cost of having the services supplied again.
16.5 Except as expressly stated in this Agreement and subject to clause 16.4, all other warranties are excluded to the fullest extent permitted by law. RAF does not warrant that the Platform will be uninterrupted or error free.
17. Indemnities
17.1 You indemnify RAF against loss, liability and costs (including reasonable legal costs) arising from a claim by a third party (including a Collector) to the extent caused by:
(a) anything you present for collection that is hazardous or is not an Eligible Container;
(b) an unsafe condition at the Premises or the Collection Point that is within your control;
(c) your breach of clause 10; or
(d) your breach of clause 7.5.
17.2 RAF indemnifies you against loss, liability and costs (including reasonable legal costs) arising from a claim by a third party to the extent caused by:
(a) death, personal injury or damage to property caused by the negligence of RAF or its employees; or
(b) an allegation that the Platform or the RAF Verify Mark, used in accordance with this Agreement, infringes the intellectual property rights of that third party.
17.3 An indemnity under this clause 17 is reduced to the extent that the indemnified party, or a person for whom it is responsible, caused or contributed to the loss. A party claiming under an indemnity must promptly notify the other party of the claim, must not admit liability without the other party’s consent, and must cooperate reasonably in its defence.
18. Limitation of liability
18.1 To the fullest extent permitted by law and subject to clause 16.4, RAF’s total aggregate liability to you under or in connection with this Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of:
(a) the total Fees paid by you to RAF in the 12 months immediately before the first event giving rise to the liability; and
(b) $5,000.
18.2 To the fullest extent permitted by law and subject to clause 16.4, neither party is liable to the other for any indirect or consequential loss, or for any loss of profits, revenue, business opportunity, data, goodwill or reputation.
18.3 Subject to clauses 15.4 and 16.4, RAF is not liable for any loss arising from:
(a) a Depot Count, or any act, omission, closure or delay of a depot, refund point or Scheme administrator, or the amount of any Refund;
(b) inaccurate information supplied by a Collector, a depot or you;
(c) reliance on a Verified Statement by a person other than you;
(d) your use of a Verified Statement, a Collection Record or the RAF Verify Mark otherwise than in accordance with clause 10; or
(e) a Force Majeure Event.
18.4 Clauses 18.1 and 18.2 do not apply to your obligation to pay the Fees, to a party’s liability under clause 17.1(c), or to liability that cannot lawfully be limited.
18.5 Where legislation provides for the apportionment of liability among concurrent wrongdoers, each party’s liability is reduced to reflect the contribution of any other person. Each party must take reasonable steps to mitigate its loss.
19. Term, cancellation and termination
19.1 This Agreement starts on the Commencement Date. If your Plan has no Minimum Term, it continues from one Billing Period to the next until it is terminated. If your Plan has a Minimum Term, it continues for the Minimum Term and then from one Billing Period to the next until it is terminated. It never renews into a further fixed or minimum term.
19.2 You may cancel this Agreement at any time through the Platform or by email to RAF. Cancellation takes effect at the end of the Billing Period in which you cancel. Pickups already paid for in that Billing Period continue until then, and no further Plan Fee is charged.
19.3 If your Plan has a Minimum Term and you cancel with effect before the end of the Minimum Term, you must pay an Early Exit Amount equal to the lesser of one month’s Plan Fee and the Plan Fees that would have been payable for the rest of the Minimum Term. The parties agree that the Early Exit Amount is a genuine pre-estimate of RAF’s rostering and onboarding costs. No Early Exit Amount is payable if you terminate under clause 3.5, 11.6, 12.4, 19.5, 19.6 (other than following a suspension caused by a matter without your control) 21.2 or 22.3, or if RAF terminates under clause 19.4.
19.4 RAF may terminate this Agreement for any reason by giving you not less than 30 days’ notice. RAF will refund any Plan Fee paid for the period after termination.
19.5 Either party may terminate this Agreement immediately by notice if:
(a) the other party commits a material breach of this Agreement and, where the breach can be remedied, does not remedy it within 14 days after receiving notice requiring it to do so; or
(b) the other party becomes insolvent, has a receiver, administrator or liquidator appointed, or ceases to carry on business.
19.6 RAF may suspend Pickups immediately by notice if a Collector reports, or RAF reasonably suspects, that:
(a) the Collection Point or the Premises present a risk to the health or safety of Collectors;
(b) a Collector has been threatened, harassed or assaulted at the Premises;
(c) hazardous material has been presented after RAF has warned you about it; or
(d) you have been involved in staging or falsifying evidence for a Pickup.
RAF will tell you the reason for the suspension and what is needed to lift it. Pickups that are not performed during a suspension are not charged unless the suspension is caused by a matter within your control. If the matter is not resolved within 14 days, either party may terminate this Agreement by notice, and RAF may terminate immediately where clause 19.6(b) or 19.6(d) applies.
19.7 Neither party is liable to the other for loss arising from the lawful exercise of a right of termination or suspension. Termination does not affect any right or liability that accrued before termination.
20. What happens when this Agreement ends
20.1 When this Agreement ends:
(a) Pickups scheduled after the date of termination are cancelled;
(b) RAF will charge any Fees accrued up to the date of termination and any Early Exit Amount payable, and will refund any amount payable to you under these Terms, including the price paid for any Additional Pickups that have not been used;
(c) you must make RAF’s bags and bins available for collection;
(d) you must stop using the RAF Verify Mark in accordance with clause 10.4;
(e) Verified Statements already issued remain on the Verify Register with their then current status and are not deleted, and clause 9.12 continues to apply; and
(f) your access to the Platform ends, except for read access to your Verified Statements.
20.2 Clauses 2, 5.9, 8, 9.9, 9.12, 10, 11 (in respect of amounts accrued), 13, 14.1, 15, 16, 17, 18, 19.7, 20 and 23 survive the end of this Agreement.
21. Changes to these Terms and to the RAF Verification Standard
21.1 RAF may change these Terms or issue a new version of the RAF Verification Standard by giving you not less than 30 days’ notice by email and in the Platform, with a copy of the changed document identifying what has changed.
21.2 If a change under clause 3.5 or 21.1 materially and adversely affects you, you may terminate this Agreement by notice given before the change takes effect, without paying any Early Exit Amount, and RAF will refund any Plan Fee paid for the period after termination.
21.3 A change to the RAF Verification Standard does not alter a Verified Statement already issued. Each Verified Statement identifies the version of the RAF Verification Standard under which it was issued.
21.4 Otherwise, this Agreement may be varied only by agreement between the parties, which may be recorded in the Platform.
22. Force majeure
22.1 Neither party is liable for a failure or delay in performing its obligations (other than an obligation to pay money) to the extent caused by a Force Majeure Event, provided that it notifies the other party as soon as practicable and uses reasonable efforts to resume performance.
22.2 A Pickup that is not performed because of a Force Majeure Event does not count as a Pickup used, and RAF will offer a replacement Pickup when it is practicable to do so.
22.3 If a Force Majeure Event prevents Pickups for more than 30 consecutive days, either party may terminate this Agreement by notice, and RAF will refund any Plan Fee paid for the period after termination.
23. General
23.1 If you have a complaint or dispute, you should first raise it through the Platform or by email to RAF. RAF will respond within 10 Business Days. If the dispute is not resolved within 30 days after it is raised, either party may refer it to mediation in Brisbane (or by video conference) before a mediator agreed by the parties or, failing agreement, appointed by the Resolution Institute, with the costs of the mediator shared equally. This clause does not prevent either party from seeking urgent relief from a court.
23.2 Notices under this Agreement may be given by email to the address in the Plan Details (for you) or to the address published in the Platform (for RAF), or through the Platform. An email is taken to be received when it is sent, unless the sender receives a delivery failure notification.
23.3 RAF may assign or novate this Agreement to a related body corporate, or to a person who acquires all or substantially all of the business to which this Agreement relates, by giving you notice, provided the assignee agrees to be bound by this Agreement. You may assign this Agreement only with RAF’s consent, which RAF will not unreasonably withhold.
23.4 Nothing in this Agreement creates a relationship of employment, partnership, joint venture or agency between you, RAF and any Collector.
23.5 This Agreement is the entire agreement between the parties about its subject matter and supersedes any prior agreement or understanding about it.
23.6 If a provision of this Agreement is invalid or unenforceable, it is to be read down to the extent necessary or, if it cannot be read down, severed, and the rest of this Agreement continues in force.
23.7 A failure or delay in exercising a right is not a waiver of it.
23.8 This Agreement confers rights only on the parties.
23.9 This Agreement is governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
23.10 Acceptance under clause 1.1 is legally binding in the same way as a signature. RAF’s electronic record of your acceptance, of the version of these Terms you accepted and of your Plan Details is evidence of this Agreement.
Acceptance
These Terms are accepted online in the Platform by clicking “I Accept” (or an equivalent mechanism) after selecting a Plan, in accordance with clause 1.1. No signature is required.
Schedule — Plan Details
The Plan Details are shown in the Platform when you select a Plan and are confirmed to you by email on acceptance. They contain the following particulars.
Item
Particular
Details
1.
Venue: full legal name and ABN and (if a company) ACN; if the Venue acts as trustee, the name of the trust
2.
Trading name
3.
Premises (street address)
4.
Notice email address and billing contact
5.
Commencement Date
6.
Plan name
7.
Plan Fee and Billing Period (GST inclusive)
8.
Pickups included in each Billing Period, and their frequency
9.
Pickup Windows
10.
Additional Pickup price (per Pickup, bought in advance GST inclusive)
11.
Response Window (if none is stated, 48 hours)
12.
Collection Point and access (external unless stated otherwise)
13.
Volume limit per Pickup (if any)
14.
Bags or bins supplied (if any) and replacement cost
15.
Verified Statements included (Counted class)
16.
Minimum Term (none, or number of months)
17.
Fee changes during a Minimum Term (permitted / not permitted)
18.
Promotional terms (if any), including any free Billing Period and any period for which the Plan Fee is fixed
19.
Other charges (if any)
20.
Payment method
21
Version and date of these Terms accepted, and date and time of acceptance

© 2026 Recycled AF Pty Ltd, ABN 67 701 725 368. These Terms are the copyright of Recycled AF Pty Ltd and may not be reproduced without written permission.