1.1           Using the App

This application (App) is owned and operated by MGX Enterprise Pty Ltd (ACN 641 519 191) trading as Circle 8 Clean Technologies (Company).

By using or accessing this App, you (User) agree to be bound by these terms and conditions (Terms).

Except to the extent required by law or stated in this clause 1, using or accessing this App does not create any legal relationship between the User and the Company.

We encourage the User to read these Terms carefully and in their entirety.

1.2           Interpretation

In these Terms:

(a)            a reference to Us, We or Our is a reference to the Company; and

(b)            a reference to You or Your is a reference to the User.

Otherwise, capitalised terms in these Terms are defined in brackets when first used.

1.3           Use on behalf of others

If You use this App on behalf of another entity, You represent and warrant to the Company that:

(a)            You have authority to use this App on behalf of the entity;

(b)            by using the App, You cause the entity to be bound by these Terms; and

(c)            a reference to You or Your in these Terms is also a reference to the entity.

You may access this App at any time, unless We have restricted access to perform maintenance, updates or upgrades. Your ability to access this App may otherwise depend on factors beyond Our control, including the quality of your internet connection and the state of your hardware, and We do not take any responsibility for those factors.

This App may only be accessed on mobile phone devices. Use of this App on a device other than a mobile phone is strictly prohibited. The Company is not responsible for any issues You may experience as a result of using this App on a device other than any mobile phone.

If You are not using or accessing this App in accordance with this clause 2, the Company may contact You to request that You modify Your use of this App. If You fail to modify Your use of this App at the request of the Company, We may change, suspend or terminate Your ability to access this App at Our sole discretion.

We may require You to register with Us to allow You to access all or some parts of this App. If You register with Us, You:

(a)            must keep Your registration details confidential; and

(b)            will be responsible for any access to this App using Your registration details, unless the access is not authorised by You and is permitted by Our gross negligence.

By using or accessing this App, You agree that You will:

(a)            use this App for Your own personal purposes and not for any purpose that is unlawful or may prejudice the reputation or interests of the Company;

(b)            not knowingly hack, change, transmit any virus or otherwise damage this App (or any information contained in this App) in any way;

(c)            not use this App for any activity which is illegal, obscene, indecent, offensive or defamatory;

(d)            refrain from tampering with, hindering the operation of or making unauthorised modifications to this App;

(e)            not use this App in a manner that interferes with or disrupts any internet user, service provider or any of their computers, software or hardware;

(f)             refrain from uploading onto this App any material, or use this App in any way, which infringes the intellectual property rights of any person or violates any law; and

(g)            not breach these Terms.

The Company does not guarantee that this App is or will be:

(a)            unaffected by viruses, errors, defects; or

(b)            accessible on a continuous or uninterrupted basis.

The Company does not guarantee that any viruses, errors or defects discovered to exist on this App or any server on which it is hosted will be corrected. You use this App at Your own risk.

6.1           Licence

If You submit, post, transmit or otherwise make available to this App any information, data, document, product, service or other material (Content), You grant Us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free and transferable licence to:

(a)            use;

(b)            reproduce;

(c)            modify;

(d)            adapt;

(e)            publish; and

(f)             communicate to the public,

Your Content for the purposes of Our business and the right to sub-license the rights mentioned above, in each case subject to the privacy policy set out in clause 12 below (Privacy Policy). You also consent to any act or omission that would otherwise infringe any of Your rights (including Your moral rights) in or to the Content You submit, post, transmit or otherwise make available to this App.

6.2           Warranty

You warrant that:

(a)            You have the right to grant the licence referred to in clause 6.1;

(b)            Our exercise of the licence referred to in clause 6.1 will not infringe the intellectual property rights of any person; and

(c)            the Content You submit, post, transmit or otherwise make available to this App is not defamatory and does not breach any law.

We may monitor or review Your Content but We are not obliged to do so. We may also alter or remove any of Your Content at any time and for any reason, including to ensure the operational integrity of this App.

6.3           Security of Your Content

Although We endeavour to operate this App securely, the transmission of data over the internet is not always secure. Subject to the Privacy Policy, the Company does not guarantee that any Content You submit, post, transmit or otherwise make available to this App is secure or that We will otherwise preserve Your Content without loss.

You understand that use of this App necessarily involves transmission of Your Content over networks that We do not own, operate or control and that We are not responsible for any loss, alteration, interception or storage of Your Content across these networks. You acknowledge Your Content is submitted, posted, transmitted or otherwise made available to this App at Your own risk.

This App contains various forms of intellectual property, including trademarks, confidential information and copyright. Unless stated otherwise in these Terms, all intellectual property rights subsisting in the contents of this App are held by the Company.

Unless permitted by law, you must not copy, reproduce, replicate, reverse-engineer, decompile, transmit, display or otherwise distribute this App or any intellectual property contained in this App (in whole or in part) without Our prior written consent.

You assign to the Company any suggestions, ideas, enhancement requests or other feedback You provide to Us in relation to this App.

This App contains (or may contain) Content produced or made available by persons other than the Company (Third Parties) and links to Content through applications and websites owned and operated by Third Parties (Linked Platforms) (collectively, Third-Party Content).

All Third-Party Content contained in this App or made available through any Linked Platform is provided by the Company for background, educational and information purposes only. Third-Party Content may not be accurate or correct and has not been independently verified by the Company.

You agree that the Company and each of its directors, officers, employees, agents, contractors and service providers (including their respective successors and assigns) will not be liable for any direct or indirect loss or claim arising from or in any way related to the use of this App or any other Third-Party Platform.

Except to the extent required by law, We make no representation, warranty or endorsement (express or implied) as to the accuracy or completeness of any Content (including Third-Party Content). No user of this App should act or fail to act on the basis of any Content. To the maximum extent permitted by law, the Company disclaims any liability arising from accessing, downloading, uploading, using or relying on or dealing in any way with any Content.

You indemnify and agree to keep Us indemnified against any loss or claim incurred by Us in connection with Your breach of these Terms or of any other legal obligation as a result of Your use of or conduct on this App.

11.1         Prize program

This clause 11 governs the relationship between the Company and users of the rewards program made available through this App (Participants).

Subject to the exclusions, limitations and other conditions specified in this clause 11, Participants will be rewarded with prizes, which may include single-use beverages and tickets to events, for depositing items into smart bins connected with this App (Smart Bins) (Prizes).

The Prizes will not at any time include cosmetic surgical or medical procedures.

11.2         Description of Prizes

A detailed description of the Prizes that Participants may accumulate under the program set out in this clause 11 can be found at [insert].

11.3         Entitlement

Any notice issued to a Participant specifying the number of Prizes (if any) the Participant has accumulated is final and conclusive, subject to any adjustment at the discretion of the Company.

11.4         Limitation

The Company may limit, cap or exclude the ability of any Participant to accumulate Prizes at its own discretion.

11.5         Transferability

Prizes accumulated by any Participant cannot be transferred, sold or redeemed for cash.

11.6         Unused Prizes

A Prize accumulated but unused by any Participant will expire 30 days from the date on which the Prize was accumulated.

11.7         Rewards unavailable

To the maximum extent permitted by law, the Company disclaims liability for the unavailability of Prizes or incorrect accumulation of Prizes as a result of technical malfunction, operator fault, misrepresentation (for which We are not responsible) or any other reason outside of Our control. We also reserve the right to adjust the number or type of Prizes attributable to any Participant if the Prizes have accumulated as a result of the reason outlined in this clause 11.7.

11.8         Records

We will keep records of the Prizes accumulated by each Participant for at least 12 months.

11.9         Variation

We retain the right to vary this clause 11 from time to time with (to the extent required) the prior written approval of the Gaming and Wagering Commission.

11.10      Termination

We retain the right to terminate or suspend the rewards program outlined in this clause 11 without notice to any user of this App. We shall not be held liable for any loss or claim relating to the availability or withdrawal of all or any aspect of the rewards program outlined in this clause 11.

Notwithstanding any other provision of these Terms, any Content You submit to this App will be anonymised before the Company discloses any part of that Content to any Third Party.

13.1         Privacy statement

The Company is committed to protecting the privacy of users of Smart Bins and this App and aims to maintain a safe and secure system of handling the personal information of users. This Privacy Policy explains how we collect, store use and share Your personal information.

13.2         Personal information We collect

We may collect different types of personal information about You to provide products and services (including Smart Bins and this App) to You and conduct Our business. Set out below are the main types of information we may collect about You:

(a)            identity information, including Your name, date of birth, contact details and residence information;

(b)            information to protect against fraud, crime or misconduct; and

(c)            Your activity on this App and in relation to Smart Bins, including information collected via cookies and other technologies and during network fault-finding and diagnostic testing activities.

13.3         How We collect Your personal information

We mainly collect Your personal information in the following ways:

(a)            You give it to Us, including by establishing an account or contacting the Company with a question or complaint;

(b)            We collect it ourselves when You interact with Us, any Smart Bin or the App; and

(c)            We get it from other sources, including regulators, mailing lists and commercially available information sources.

13.4         How We use your personal information

We mainly use Your personal information for the following purposes:

(a)            to provide products and services (including Smart Bins and this App) to You and conduct Our business;

(b)            to verify Your identity both before and during the time we provide our products and services to You;

(c)            to help Us manage the products and services We provide to You, deal with enquiries and complaints and maintain and update Our records;

(d)            to determine whether You might be impacted by malicious activity;

(e)            to identify and help prevent identity theft, unauthorised transactions or other fraudulent activities;

(f)             to communicate with You via phone, email, postal mail, chat functions and social media;

(g)            to maintain and improve Our products, services and processes; and

(h)            to market and promote products, services and special offers directly to You.

 

13.5         How We safeguard your personal information

The Company takes measures to ensure that the personal information of each user of the Smart Bins and this App is handled strictly in compliance with the Privacy Act 1988 (Cth). The main measures we take to safeguard Your personal information are as follows:

(a)            We store Your personal information securely in hard copy or electronic format and keep it in storage facilities that We own and operate ourselves or that are owned and operated by entities We trust; and

(b)            We destroy or de-identify Your personal information as soon as possible when it is no longer required by law to be retained by Us and is not kept by Us for a genuine business reason.

13.6         How You can access or correct Your personal information

It’s important that Your personal information is kept accurate, up-to-date and complete. You have the right to request a copy of the personal information We hold about you. If any of Your details change, please contact the Company via email to info@circle8.io.

13.7         Making a privacy complaint

You can use the details above to contact Us with any privacy complaints You have. We will acknowledge Your complaint in writing as soon as possible and will give You an estimated timeframe for when We will respond.

While We hope to be able to resolve any complaints You have, You can also lodge a complaint with the Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

These Terms take effect on and from the first time You use or access this App and continue to have effect until Your account is deleted or terminated.

We reserve the right to suspend or terminate access to this App at our sole discretion if we believe there has been a breach of these Terms or Your use of this App has otherwise resulted in breach of a legal obligation.

15.1         Other terms and conditions

These Terms have effect in addition to and do not derogate any other terms or conditions appearing elsewhere in this App.

15.2         Severability

If any part of these Terms is illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms shall continue in full force and effect.

15.3         Waiver

No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

15.4         Updates to Terms

The Company may, at any time and without notice or liability, amend, revise or update these Terms. Continued use of this App constitutes acceptance of the revised Terms. We encourage You review these Terms regularly.

15.5         Governing law

These Terms are governed by the laws in force in Western Australia, Australia. You and the Company each irrevocably and unconditionally submit to the non-exclusive jurisdiction of Western Australia, Australia and the courts authorised to hear appeals from those courts.

15.6         Australian residents

The App is prepared for use by Australian residents only.

15.7         Children

This App is not designed for use by any person under the age of 13. Use of this App by any person under the age of 13 is prohibited.