Buy Recycled Service Terms of Use

Last updated: 31 August 2022
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Terms of Use

These Terms govern your use of this Website and form a binding contractual agreement between you and us (Sustainability Victoria, the owner and operator of the Website).

These Terms are important and you should read them carefully. If you have any questions about these Terms, please contact us on sustainableprocurement@sustainability.vic.gov.au before you use the Website.

These Terms include our privacy statement, copyright statement and disclaimer.

By using the Website, you acknowledge and agree to be bound by these Terms. If you do not agree to the Terms, you are not authorised to use the Website.

1. Definitions

Intellectual Property includes (without limitation) patent, know-how, copyright, design, semiconductor or circuit layout rights, trade mark, service mark, trade secret, data, business or company names or other proprietary rights and any rights to registration of such rights, whether created before or after the date of these Terms, and whether protected under common law or statute.

ISP means an internet service provider in Australia.

ISP Services means internet services.

Losses means all direct, indirect or consequential liabilities, losses, damages, claims, actions, proceedings, costs and expenses (including legal fees) however arising.

Personal Information means recorded information or opinion, whether true or not, about a natural person whose identity is or can reasonably be ascertained from the information or opinion.

Resources means all information, resources, policies, processes, tools, standards, specifications, fact sheets, case studies and the Buy Recycled Directory listed on the Website including responses received to questions submitted to our Sustainable Procurement team in accordance with clause 4.

Terms means these Terms of Use.

Website means the Buy Recycled Service Website.

2. Resources and Disclaimer

2.1 The Website is solely intended to provide a general understanding of sustainable procurement and to provide information, tools and other resources to councils so that they may improve their knowledge and maximise their use of recycled materials and products in infrastructure, landscaping, parks and gardens.

2.2 The Resources have been prepared in good faith and with all reasonable care. While reasonable efforts have been made to ensure that the Resources are factually correct, we give no warranty, express or implied, regarding their accuracy, completeness, currency or suitability for any particular purpose and to the extent permitted by law, do not accept any liability for Losses incurred as a result of reliance placed upon them. Information within the Resources does not imply endorsement or approval by us of any third-party products, services, manufacturers or service providers.

2.3 By providing the Resources on the Website, we undertake no obligation to update them. Whilst we will use reasonable endeavours to review the Resources regularly, the information contained therein including any standards, specifications and opinions are based on assumptions, market conditions and available information at the time of writing and may change without notice.

2.4 The Resources contained on the Website do not constitute advice, and nothing relating to the provision of the Resources shall be construed as creating a fiduciary, financial or other advisory relationship between us and you or any other third party. We recommend that you obtain your own independent advice before acting on any Resources contained on the Website.

3. Use of the Website

3.1 You agree to use the Website in good faith, and to, at all times, comply with these Terms and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Website.

3.2 You are not granted any rights in or to the Website other than the right to use the Website according to these Terms, and any Terms that we may adopt from time to time.

3.3 You acknowledge and agree that:

3.3.1 we retain complete control over the Website and may alter, amend or cease the operation of the Website at any time at our sole discretion; and

3.3.2 the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

4. Submitted questions

4.1 You may submit questions to our Sustainable Procurement team for information relevant to your sustainable procurement project at sustainableprocurement@sustainability.vic.gov.au. This feature is designed to support you as a local council to improve your sustainable procurement processes and optimise your use of recycled and reused materials within your projects.

4.2 Whilst reasonable care is taken in the preparation of responses to ensure they are tailored to your specific circumstances, they should not be regarded as advice. We give no warranty regarding their accuracy, completeness, currency or suitability for any purpose. Responses similarly do not constitute endorsement of any project or its suitability to receive funding from us in the future.

4.3 To the extent permitted by law, we do not accept any liability for Losses incurred as a result of reliance placed upon responses. You should seek your own professional advice and independently verify information where appropriate.

5. Internet Access

5.1 To use and access the Website, you must have access to an account for the provision of ISP Services with an ISP in Australia.

5.2 Your ISP (and not us) is responsible for the provision of ISP Services pursuant to any agreement between you and that ISP in respect of those ISP Services. You are responsible, and are solely liable, for any account charges or other costs incurred in relation to the ISP Services.

6. Restrictions on Use

6.1 You may not:

6.1.1 use the Website for any purpose other than as permitted by these Terms;

6.1.2 use the Website or Resources to engage in any activity that breaches any law or infringes or interferes with our or a third party’s rights (including Intellectual Property rights);

6.1.3 modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;

6.1.4 copy or download, in a systematic manner, any Resources or communicate or otherwise distribute such systematically obtained Resources other than as expressly provided for in these Terms;

6.1.5 use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or

6.1.6 incorporate the Website in any product to be made available commercially (unless we expressly agree otherwise with you).

7. External Sites

7.1 The Website contains links to, and content from external internet sites. Provision of any link does not imply endorsement or approval by us of the site. By accessing those sites, you agree to any terms of access or use imposed by those sites. External sites are not under our control, and we are not responsible for their availability. We shall not be responsible or liable, directly or indirectly, for any Losses caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such sites.

7.2 Where links to external internet sites are provided, Intellectual Property rights in the materials appearing on those internet sites remain with the owner of those rights, or the owner’s licensee. We cannot and do not grant any permission or authority in respect of Intellectual Property rights in the materials appearing at any linked internet sites.

8. Links and sharing

8.1 You may link this Website to another website or “share” the Website link so long as the link is not in any way misleading and does not falsely imply sponsorship, affiliation with, endorsement or approval by us of you. We reserve the right to bar any link if we consider, in our absolute discretion, that it is inappropriate.

9. Intellectual Property

9.1 We encourage the distribution and exchange of information provided on the Website for the purpose of supporting councils’ procurement of recycled products. We or our licensors own the Intellectual Property in the Resources. Where a third party owns Intellectual Property in any material, we have made reasonable efforts to label such material and to ensure that the owner of such Intellectual Property has consented to the material being presented on the Website.

9.2 The Resources (excluding images, photographs, branding and logos, including our and the Victorian Government logos, content supplied by third parties, content located on external websites and material for which it is expressly stated otherwise) are licensed under a Creative Commons Attribution 4.0 Australia licence. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work and abide by the other licence terms. To view a copy of this licence, visit: http://creativecommons.org/licenses/by/4.0/.

9.3 Except as provided in clause 10.2, nothing in these Terms constitutes a transfer of any Intellectual Property rights.

10. Privacy

10.1 You will, and will ensure that your employees, agents, officers and subcontractors, comply with the Privacy and Data Protection Act 2014 (Vic), our privacy statement and any other applicable laws and codes dealing with privacy, in relation to any Personal Information collected, used or stored in connection with these Terms or the Buy Recycled Service.

11. Liability and Indemnity

11.1 You indemnify and will at all times keep us and our sub-licensees, officers, employees, contractors and agents indemnified against any Losses arising out of or otherwise in connection with:
11.1.1 your use of or reliance on information contained or accessed through the Website;

11.1.2 any breach of these Terms by you; or

11.1.3 any claim by a third party arising directly or indirectly out of or in connection with your access to or use of the Website.

11.2 We are not liable for any Losses suffered or incurred by any person:

11.2.1 in connection with or in any way relating to the Website;
11.2.2 in connection with any disruption to or unavailability or failure of the Website or interference with or damage to computer systems or other electronic devices;
11.2.3 in connection with errors, omissions or inaccuracies contained in any information published on the Website, either by us or a third party;
11.2.4 as a result of any fraudulent use, misuse or misappropriation of the Website by you or a third party;
11.2.5 as a result of any act committed by another person in connection with the Website;
11.2.6 arising from any circumstance beyond our control; or
11.2.7 otherwise under or in connection with these Terms.

12. Termination

12.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.

12.2 We may otherwise terminate these Terms at any time without notice.

13. General

13.1 Assignment. You may not assign your rights under these Terms, or attempt or purport to do so, without our prior written consent (which may be given or withheld at our absolute discretion).

13.2 Governing law. These Terms are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State.

13.3 Severability. If any provision, or part of a provision, of these Terms is found to be illegal or unenforceable it will be severed from this agreement, and the remainder of these Terms will be construed as if that provision or part did not form part of these Terms. The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between us and you.

13.4 Variation. We may amend, delete, add to, or otherwise revise any information or materials contained on the Website at any time without notice, including these Terms. It is your responsibility to monitor any such changes. All changes are effective from the date they are posted on the Website and your continued use of the Website will constitute your acceptance of the variation of these Terms.

13.5 Entire agreement. Except where expressly provided for in these Terms, these Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).