Terms of Use

Last updated: 9 August 2024

This page sets out the terms and conditions of use (Terms of Use) of the website (https://containerexchange.com.au) (Website), which is operated by Container Exchange (QLD) Ltd (ACN 622 570 209) (COEX).  Your use of the Website and services offered through the Website are governed by these Terms of Use.

In these Terms of Use, references to “we”, “us” or “our” means COEX.

Updates to Terms of Use

The date of these Terms of Use is set out above.

We may, from time to time, update, modify, amend or replace these Terms of Use.  We will communicate these updates to you by publishing an updated version of the Terms of Use to this page.  Amendments to these Terms of Use will take effect as of the “Last updated” date above.

By continuing to access or use the Website, you accept the Terms of Use as they apply from time to time.  You should check this page from time to time to make sure you are aware of any amendments.

About the Website

The information and material contained on the Website is for the purpose of general information only.

We will use reasonable endeavours to ensure the accuracy and completeness of the information and material contained on the Website.  However, to the extent permitted by law, including the Australian Consumer Law, we do not guarantee or provide any warranty as to the accuracy, currency, completeness or suitability of the information and material on the Website.  To the extent permitted by law, reliance on any information or material contained on the Website is at your own risk.

We do not guarantee that access to or use of the Website will be uninterrupted or error-free, or that materials accessible on or through the Website will be free from errors, viruses or other potentially harmful code.

We may add, review, edit, remove or delete any information on the Website, or terminate or suspend the operation of the Website, at any time without notice and without liability to you.

Security

The transmission of information over the internet is not completely secure or error-free.  While we take steps to secure information provided or processed through the Website, we cannot guarantee absolute security of information provided or processed through the Website.  In particular, emails to or from COEX and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Sections of the Website for Business Partners

In these Terms of Use, ‘Business Partner” refers to “beverage manufacturers”, “refund point operators”, “equipment services providers”, “logistics services providers”, “processing services providers”, “material recovery facility operators”, “recycling panel members” or other independent organisations COEX contract with for services to deliver the Queensland beverage container scheme.

Business Partners’ use of restricted parts of the Website (such as COEX’s Business Partner portal and brand hub) are subject to additional, separate terms in addition to these Terms.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we will not be liable to any person or entity as a result of your commercial exploitation of the Website (or any part of it) for a business purpose, except if you are:

  • a “Business Partner” using the Website for purposes permitted under their respective contracts with COEX; and
  • a “partner organisation” we are working with using the Website to harness the benefits of the Queensland beverage container refund scheme to contribute to their sustainability goals.

If the consumer guarantees under the Australian Consumer Law apply to your use of our Website then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied.

Australian Consumer Law

Nothing in these Terms of Use excludes or limits, or has the effect or excluding or limiting, the operation of the Australian Consumer Law or any right you may have under the Australian Consumer Law.  Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth).

Intellectual property rights, copyright and trademark notice

Unless otherwise indicated, the rights, title and interest (including intellectual property rights) in all materials on the Website are owned by us or used by us under licence.  This material includes, without limitation, all text, graphics, logos, icons, images, video and audio excerpts, designs, interfaces and layout made available on the Website.  This material is protected by corporate and other intellectual property right laws in Australia and overseas.

You may access, download and print material from the Website for your own personal use or internal business purposes only. Material from restricted areas of the site accessible to Business Partners (e.g., Partner Hub) may only be used for legitimate business purposes and are subject to the terms of the contract between the Business Partner and COEX (including confidentiality).  You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the material on this Website without our prior written consent.

This website may contain trademarks which are registered under Australian law.  You may not use our trademarks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

Third party sites and information

The Website may contain links or references to third party websites and information.  The Website may also display content or information from third party websites within frames on this Website.

Any third-party websites links or information are provided for convenience only, and do not indicate any endorsement or recommendation by us.  We are not responsible or liable for the content of those third-party websites or information, and do not provide any warranty as to the accuracy, currency, completeness or suitability for any purpose of that information.

Your access to and use of third-party websites or information is at your own risk.  You should consider the terms and conditions that apply to access and use of the relevant third-party website before accessing, using, downloading, copying or relying on any third party website or information for your own purposes.

Referring to the Website

If you link to our Website, you must make it clear that the link is to a COEX website page and ensure that the link and any description is not misleading.

Use of electronic addresses

We may publish electronic addresses of our personnel on the Website for business purposes only. The publication of such electronic addresses should not be taken as consent by the person to receive commercial electronic messages whether or not such messages are related to the person’s role or function.

Cookies

We may use cookies to identify the device you use to access the Website (including your browser, computer platform and screen resolution) and so we can monitor how you use this Website (such as the date and time of your access and use of the Website, the pages and documents you accessed, the website you visited before the Website, and your IP address).  We may also use cookies to deliver relevant advertising to you when you are on other websites or social media platforms.

When you access the Website as a Business Partner and are logged into your account, information collected by cookies may be personal information, in which case we will handle it in accordance with our privacy policy (see below for details).  If you are not logged into an account, information collected by cookies is anonymous and does not identify you.

If you do not wish to receive cookies, you may update your browser settings so that your device does not accept them.  To update your browser settings to reject cookies, please refer to your browser’s “help” information.  We note that disabling cookies may limit some features of the Website.

Website analytics

We use Google Analytics (including display advertising features) on the Website to gather anonymous information about users of the Website. We use this information to analyse the pages of the Website that are accessed and used, and to improve users’ experience and use of the Website.

When you access or use the Website, your browser automatically sends anonymous information to Google. Examples of the information include the web address of the page that you are accessing or using, your IP address and demographic information. Google may also use cookies.

You can read more about how Google uses data for Google Analytics (including how to opt out) at https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008&sjid=6768833659526861095-AP. You may choose not to allow Google to collect your information by opting out of Google Analytics or specifically opting out of Google Analytics display advertiser features.

Acceptable use of the Website

You agree to only use the Website in accordance with these Terms of Use and applicable laws.

You agree that you will not:

  • use data mining, gathering, extraction, scraping or similar data gathering tools or attempt to copy any data available via the Website; or
  • interfere with, disrupt or otherwise adversely affect the Website or any associated equipment, or any security-related features of the Website; or
  • copy, modify, merge, alter, adapt, translate, reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the Website or any part of it.

In addition to the requirements for acceptable use of the Website above, if you use or access parts of the Website restricted to Business Partners, then your use of those restricted parts of the Website are subject to additional, separate terms.

You may be personally liable for any unlawful use of the Website.

If you think any content on the Website is inappropriate or unlawful or infringes your rights, please contact us through the “Contact” page of the Website or by emailing enquiries@containerexchange.com.au.

Privacy

Any personal information we collect about you via this Website or otherwise will be used and disclosed by COEX in accordance with our Privacy Policy.

We have a separate Privacy Policy that describes how we handle the personal information of our Containers for Change customers and members of the public. This also applies to Business Partner organisations who are also Containers for Change customers. You can find that separate Privacy Policy here.

Governing law

These Terms of Use are governed by the laws of Queensland, Australia, and in the event that we have a legal dispute relating to this Website or these Terms of Use, Queensland courts will have non-exclusive jurisdiction.

Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country.  If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws.

How to contact us

If you have any questions or comments on the Website, or any questions about these Terms of Use, please contact us through the “Contact” page of the Website or by emailing enquiries@containerexchange.com.au.