Y Waste Why Waste Pty Ltd

Latest update January 2018

 IMPORTANT LEGAL NOTICE

This page (together with our Privacy and Cookie Policy) sets out the terms and conditions (“Mobile Application Terms”) on which we, Y Waste Why Waste Pty Ltd. (“we” or “Y Waste”), provide our services through our Mobile Application http://www.ywaste.com.au and any Y Waste Mobile Application through which you access our Mobile Application or services (together, “Mobile Application”). Please read these Mobile Application Terms carefully before ordering any products through, the Mobile Application, as your purchase of any products offered on the Mobile Application is subject to these Mobile Application Terms. By ordering products through the Mobile Application (whether now or in the future), you agree to be bound by these Mobile Application Terms. Use of the Mobile Application is also subject to these Mobile Application Terms.

 

We reserve the right to change these Mobile Application Terms from time to time by changing them on this page. We advise you to print a copy of these Mobile Application Terms for future reference. These Mobile Application Terms are only in the English language.

 

Use of your personal information submitted through the Mobile Application is governed by our  Privacy & Cookies Policy.

For the avoidance of doubt, please note that references to “Mobile Application” in these Mobile Application Terms include any current or future version of our Mobile Application http://www.ywaste.com.au and any Y Waste Mobile Application through which you access our Mobile Application or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile Mobile Application, Mobile Application, affiliate Mobile Application or related Mobile Application for accessing our Mobile Application or services that may be developed from time to time).

 

By accessing any part of the Mobile Application, you indicate that you accept these Mobile Application Terms. If you do not accept these Mobile Application Terms, you should leave the Mobile Application immediately, and you will not be able to order any products through the Mobile Application.

 

TERMS AND CONDITIONS OF USE AND SALE

 

  1. INTRODUCTION AND OUR RULES

1.1.       Company details: Why Waste, 96 North Quay Circuit, Hope Island, QLD 4212, AU

 

1.2.       ABN: 12 98 001 625.

            Telephonenumber: 1300 848428,

            Customer@ywaste.com.au

 

1.3.       Service: We provide a way for you to communicate your orders (“Orders”) for products (“Products”) to food businesses (“Stores”) displayed on theobile application (the “Service”).

 

  1. MOBILE APPLICATIONS ACCESS AND TERMS

2.1.       Mobile Application access: You may access some areas of the Mobile Application without making an Order or registering your details with us. Most areas of the Mobile Application are open to everyone.

 

2.2.       Acceptance of terms: By accessing any part of the Mobile Application, you indicate that you accept these Mobile Application Terms. If you do not accept these Mobile Application Terms, you should leave the Mobile Application immediately, and you will not be able to order any Products through the Mobile Application.

 

2.3.       Revision of terms: We may revise these Mobile Application Terms at any time. You should check the Mobile Application regularly to review the current Mobile Application Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

 

2.4.       Responsibility: You are responsible for ensuring that all persons who access the Mobile Application through your internet connection are aware of these Mobile Application Terms and that they comply with them.

 

  1. YOUR STATUS

3.1.       Capacity and age: By placing an Order through the Mobile Application, you warrant that:

  • You are legally capable of entering into binding contracts; and
  • You are at least 18 years old.

 

3.2.       Failure to comply with the above mentioned conditions will result in your order being rejected.

 

  1. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1.       Compiling your Order: Enter your location/postal-code, and a list with Stores near you will appear. Once you have selected the Products you wish to order from the menu of your chosen Store and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “buy”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected. After placing an order you will receive a confirmation by e-mail or find it at ”my purchases” in the Y Waste application.

 

4.2.       Collecting your order: It is important that you stick to the specified pickup time. The pick up time will normally be in a time period of 15-30 minutes. Check the store description, for details about when you can pick up the food at the store. If you arrive at the store before the specified pick-up time, please wait outside for the sake of the store’s guests. Be aware that if you arrive too late the store may be closed.

 

When you have arrived at the store, show your receipt to the store’s employees, after which they will distribute the purchased portion. Some Stores will fill up a box/bag for you and at other Stores you can fill your own box/bag.

 

4.3.       The price of your order will show on transaction receipt.

 

4.4.       Deleted.

 

4.5.       Sold out: A Store is listed as “sold out”, if it has actually sold out, if it is closed on that day, if it does not sell surplus food that day or if they have agreed to be part of the concept but have not yet started.

 

4.6.       Communication: All inquiries regarding Stores and selection of offers shall be made to Y Waste.

 

4.7.       Cancelling your Order: Once you have submitted your Order and your payment has been authorized, you can only cancel your Order until 2 hours before pick up-time. If you wish to cancel your Order, you need to contact Y Waste as described in paragraph 6.3 and Y Waste will inform the Store , and refund your money. If the 2-hour limit is not met you will not be entitled to cancel your Order, nor will you be entitled to a refund. The reason for this rule is that we will insure that the food does not end up in the trash.

 

4.8.       Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Store.

 

4.9.     Processing your Order and Store rejections: When we receive your Order, we will begin processing it by sending it to the relevant Store and will notify you, by email or Y Waste application, that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Mobile Application and any Order confirmation e-mail that you may receive, each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Store. We encourage all our Stores to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Store rejects your Order. However, Stores have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason

 

4.10.     If you do not pick up your order: If you do not pick up your order on time, Y Waste is entitled to sell the product to another party, without any liability to you. Y Waste will not reimburse completed payments for late or missing pickup, nor will the Store.

 

  1. PRICE AND PAYMENT

5.1.       GST and payment administration fees: Prices will be as quoted on the Website in AUSTRALIAN $. These prices include GST but may exclude any online payment administration charges (if you pay for your Order online). These will be added to the total amount due where applicable.

 

5.2.       Incorrect pricing: This Mobile Application contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Mobile Application, we will normally contact you before the relevant Order is dispatched, to notify you of the updated price and to confirm whether you wish to cancel or proceed with the Order. In such an event, neither we nor the relevant Store is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

 

5.3.       Payment methods: Payment for Orders must be made by an accepted credit or debit card or PayPal through the Mobile Application.

 

5.4.       Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

 

5.5.       Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Store or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Store will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

 

 

 

  1. CUSTOMER CARE

6.1.       General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, Y Waste will therefore try to assist you where possible if you have any problems with your Order. You can contact Y Waste by clicking or selecting the “Support”, “Help” or similar button or by calling the telephone number shown on the Mobile Application.

6.2.       Questions about your Order: If you have any questions or problems with your Order, you can contact Y Waste as described above and we will attempt to contact the Store in order to follow up on your query.

 

6.3.       Cancelling your Order: If you wish to cancel your Order after it has been submitted and payment has been authorized, you need to contact Y Waste within the time limit described above in paragraph 4.8.

 

6.4.       Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Store, please consider providing feedback in the form of ratings, comments and reviews on the Mobile Application to reflect your experience. The Reviews are an important part of our quality control process.

 

6.5.       Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Store and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact Y Waste to lodge your complaint within 48 hours of placing your Order, and Y Waste will attempt to contact the Store in order to request compensation on your behalf. Please note that we have no control over Stores and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Store.

 

  1. INTELLECTUAL PROPERTIES

7.1.       Terms of permitted use: You are permitted to use the Mobile Application and print and download extracts from the Mobile Application for your own personal non-commercial use on the following basis:

  • You must not misuse the Mobile Application (including hacking or “scraping”).
  • Unless otherwise stated, the copyright and other intellectual property rights in the Mobile Application and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Mobile Application Terms, any use of extracts from the Mobile Application other than in accordance with paragraph 7.1 is prohibited.
  • You must not modify the digital or paper copies of any materials that you print in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  • You must ensure that our status as the author of the material on the Mobile Application is always acknowledged and referenced.
  • You are not allowed to use any of the materials on the Mobile Application or the Mobile Application itself for commercial purposes without obtaining a licence from us to do so.

 

7.2.       Limitation on use: Except as stated in paragraph 7.1, the Mobile Application may not be used, and no part of the Mobile Application may be reproduced or stored in any other Mobile Application or included in any public or private electronic retrieval system or service, without our prior written permission.

 

7.3.       Reservation of rights: Any rights not expressly granted in these Mobile Application Terms are reserved.

 

  1. ACCESS TO SERVICES

8.1.       Mobile Application availability: While we try to ensure the Mobile Application is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Mobile Application is unavailable at any time or for any period.

 

8.2.       Suspension of access: Access to the Mobile Application may be suspended temporarily at any time and without notice.

 

8.3.       Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Mobile Application; any transmission is at your own risk.

 

  1. VISITOR MATERIAL AND REVIEWS

9.1.       General:

9.1.1.    Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit to the Mobile Application (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

 

9.1.2.    You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

 

9.2.       Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Mobile Application any Visitor Material (including any Reviews) that:

  • breaches any applicable local, national or international law;
  • is unlawful or fraudulent;
  • amounts to unauthorized advertising; or
  • contains viruses or any other harmful programs.

 

9.3.       Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Mobile Application must not:

  • contain any defamatory, obscene or offensive material;
  • promote violence or discrimination;
  • infringe the intellectual property rights of another person or legal entity;
  • breach any legal duty owed to a third party (such as a duty of confidence);
  • promote illegal activity or invade another’s privacy;
  • give the impression that they originate from us; or
  • be used to impersonate another person or to misrepresent your affiliation with another person.

 

9.4.       Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Mobile Application that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

 

9.5.       Use of Reviews: The Reviews and other Visitor Material contained on the Mobile Application are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Mobile Application or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials

 

9.6.       Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Store or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

 

9.7.       Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

 

  1. LINKS TO AND FROM OTHER MOBILE APPLICATIONS

10.1.     Third party Mobile Applications: Links to third party Mobile Applications on the Mobile Application are provided solely for your convenience. If you access these links, you leave the Mobile Application. We have not reviewed and do not control any of these third party Mobile Applications (and are not responsible for these Mobile Applications or their content or availability). We do not endorse or make any representation about these Mobile Applications, their content, or the results from using such Mobile Applications or content. If you decide to access any of the third party Mobile Applications linked to the Mobile Application, you do so entirely at your own risk.

10.2.     Linking permission: You may link to the Mobile Application´s homepage provided that:

  • you do so in a fair and legal way, which does not damage or take advantage of our reputation;
  • you do not establish a link from a Mobile Application that is not owned by you, or in a way that suggests a form of association with or endorsement by us where none exists;
  • any Mobile Application from which you link must comply with the content standards set out in these Mobile Application Terms (in particular paragraph 9 (Visitor Materials and Reviews));
  • we have the right to withdraw linking permission at any time and for any reason.

 

  1. DISCLAIMERS

11.1.     Mobile Application information: While we try to ensure, that information on the Mobile Application is correct, we do not promise it is accurate or complete. We may make changes to the material on the Mobile Application, or to the Service, Products and Prices described on it, at any time without notice. The material on the Mobile Application may be out of date, and we make no commitment to update that material.

 

11.2.     Allergy, dietary and other menu information: It is the Stores that are responsible for providing this menu information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other menu information, you should confirm with the Store directly before ordering. Please remember that the food sold through the Mobile Application is for immediate consumption and should not be stored for later consumption. Please confirm with store about durabillity.

 

11.3.     Store actions and omissions: The legal contract for the supply and purchase of Products is between you and the Store that you place your Order at. We have no control over the actions or omissions of any Stores. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Mobile Application:

  • We do not give any undertaking that the Products ordered from any Store through the Mobile Application will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • Estimated times for collections are provided by the Stores. Neither we nor the Stores guarantee that Orders will be available for collection within the estimated times.
  • We encourage all our Stores to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by e-mail) as soon as reasonably practicable if a Store rejects your Order. However, we do not guarantee that Stores will accept all Orders, and Stores have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
  • The foregoing disclaimers do not affect your statutory rights against any Store.

 

11.4.     Exclusion of terms: We provide you with access to the Mobile Application and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Mobile Application and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Mobile Application or Service, or be otherwise implied or incorporated into these Mobile Application Terms, by statute, common law or otherwise ).

 

  1. LIABILITY

12.1.     General: Nothing in these Mobile Application Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Mobile Application Terms affects your statutory rights.

 

12.2.     Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Mobile Application (including the use, inability to use or the results of use of the Service or the Mobile Application) for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

 

12.3.     Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Mobile Application, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your Order.

 

12.4.     Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Mobile Application, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

 

  1. TERMINATION

13.1.     Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Mobile Application and the Service immediately by notifying you in writing (including by email or other durable media) if we believe in our sole discretion that:

  • you have used the Mobile Application in breach of paragraph 7.1 (Intellectual Property);
  • you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
  • you have breached paragraph 10.2 (Links to and from other Mobile Applications); or
  • you have breached any other material terms of these Mobile Application Terms.

 

13.2.     Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Mobile Application.

 

  1. WRITTEN COMMUNICATIONS

14.1.     Applicable laws require that some of the information or communications we send to you should be in writing. When using the Mobile Application or ordering Products via the Mobile Application, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Mobile Application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

  1. EVENTS OUTSIDE OUR CONTROL

15.1.     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Mobile Application Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

 

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks; and
  • the actions, legislation, regulations, orders or restrictions of any government.

 

15.3.     Our performance under these Mobile Application Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Mobile Application Terms may be performed despite the Force Majeure Event.

 

16 ADDITIONAL TERMS

16.1.     Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Mobile Application Terms by this reference and is available on www.toogoodtogo.com.

 

16.2.     Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Mobile Application and Service, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Mobile Application, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Mobile Application Terms by this reference.

 

16.3.     Severability: If any of these Mobile Application Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

16.4.     Entire agreement: These Mobile Application Terms, and any document expressly referred to in them, constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

 

16.5.     No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Mobile Application Terms will not be interpreted as a waiver of your or our rights or remedies.

 

16.6. Assignment: You may not transfer any of your rights or obligations under these Mobile Application Terms without our prior written consent. We may transfer any of our rights or obligations under these Mobile Application Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

 

16.7. Headings: The headings in these Mobile Application Terms are included for convenience only and shall not affect their interpretation.

 

  1. GOVERNING LAW AND JURISDICTION

 

17.1.     These Mobile Application Terms shall be governed by and construed in accordance with the laws of Australia. Disputes or claims arising in connection with these Mobile Application Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Australia.

 

 

Privacy and Cookies Policy

Latest update, September 2017

 

 

 

 

Privacy and Cookie Policy

We are committed to protecting the privacy of all visitors to the Mobile Application, including all visitors who access the Mobile Application or Service through any Mobile Application or other platform or device. Please read the following Privacy & Cookie Policy which explains how we use and protect your information.

 

By visiting and/or using the Service on the Mobile Application, you agree and where required you consent to the collection, use and transfer of your information as set out in this policy.

 

Privacy Policy

 

  1. INORMATION THAT WE COLLECT FROM YOU
    • All personal data processed by us is protected by the Australian law concerning protecting personal data.

 

  • Y Waste Pty Ltd. is responsible for the personal information collected through the Mobile Application and the Service. Y Waste can be contacted by the in paragraph 9 listed information.

 

  1. INFORMATION THAT WE COLLECT FROM YOU
    • When you visit the Mobile Application or use the Service to make an Order from a Store through the Mobile Application, you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Mobile Application and Service and information about you from the materials (such as messages and reviews) you post to the Mobile Application and the e-mails or letters you send to us.

 

  • By accessing Y Waste´s information and/or the Mobile Application or Service using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including Mobile Applications, you should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too.

 

  • We may collect technical information from your mobile device or your use of the Mobile Application or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Mobile Application or Service through your mobile device(s) via any Y Waste Mobile Application, through the browser of your mobile device or otherwise.

 

  1. USE OF YOUR INFORMATION
    • Your information will enable us to provide you with access to the relevant parts of the Mobile Application and to provide the Service. It will also enable us to bill you and enable us and/or a Store with whom you have placed an Order to contact you if necessary concerning the Service. For example, we and/or the Store may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use and analyse the information we collect so that we can manage, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud. When appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, Mobile Applications or any other representation of the Mobile Application.

 

  • We may use your information to contact you for your review of the Service and to notify you occasionally about important changes or developments to the Mobile Application or the Service.

 

  • If you have indicated accordingly, you accept that we may use your information to let you know about our other products and services that may be of interest to you. This includes services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.

 

  • If you have indicated accordingly, you accept that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyse the information we collect so that we can manage, support, improve and develop our business and services for your benefit.

 

  • If you do not want us to use your data in this way or if you change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 9 below and/or amending your profile accordingly.

 

  • Please note that by submitting Reviews regarding the Mobile Application, Service and/or Stores, you consent to our use of such Reviews on the Mobile Application and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may in each case consent to).

 

 

  1. DISCLOSURE OF YOUR INFORMATION
    • The information you provide us, will be transferred to and stored on our servers which may be in or outside Australia, and may be accessed by or given to our staff working outside Australia and third parties including companies within the Y Waste group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who acts as a representative of ours, for the purposes set out in this policy or for other purposes notified to you.
  • The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your information to any Store that you have placed an Order with, so as to allow the Store to process your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
  • If you have given your consent, we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in paragraph 9 below and/or by amending your profile accordingly.
  • If our business enters into a joint-venture with, purchases- or is sold to- or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners, owners or their advisors.
  • We may use the information that you provide us, if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Mobile Application Terms and any other agreement; or to protect our rights or the rights of Stores or other third parties. This includes exchanging information with other companies and other organizations for the purposes of fraud-protection and prevention.

 

  1. SECURITY AND DATA RETENTION
    • We take all necessary steps to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction or damage. We will keep your information for a reasonable period of time, in accordance with the purposes for which we have collected such information, or as long as the law requires.

 

  • If you have chosen a password which allows you to access certain parts of the Mobile Application, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorized transactions made by using your name and password.

 

  • The transmission of information through the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Mobile Application; any such transmission is at your own risk. Once we have received your information, we will seek to prevent unauthorized access, by using strict procedures and security-features.

 

  1. ACCESSING AND UPDATING
    • You have the right to see the information we have on you (“Access Request”) and ask us to make any changes to ensure that it is accurate and up to date. If you wish to do so, please contact us using the contact details set out in paragraph 9 below.

 

  • In the event that you make an Access Request, we reserve the right to charge a fee of AU$5.00 for each commenced page to meet our costs in providing you with written details of the information we have on you. The payment cannot exceed AU$20.00.

 

  • We reserve the right to only meet the request for access to your personal information if it has been more than 6 months since your last such request.

 

  1. CHANGES TO OUR PRIVACY & COOKIE POLICY
    • Any changes to our Privacy & Cookie Policy will be posted to the Mobile Application and, when appropriate, through e-mail notification.

 

  1. DELETED
  2. CONTACT
    • All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Y Waste Pty Ltd, info@ywasteapp.com 1300 848428.

 

  1. COMPETITION TERMS AND CONDITIONS
    • The following general terms and conditions (the “General Competition Terms”) will apply to all competitions held by Y Waste.

 

  • Individual competitions will also be subject to-, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Competition Terms”) that will be specified in connection with each competition.

 

  • Competitions are open to individual legal residents of Australia aged 18 or over, except employees of Y Waste, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.

 

  • Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.

 

  • We reserve the right to withdraw the competition winner, and find a new winner, if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.

 

  • Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.

 

  • The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of Australia and subject to the exclusive jurisdiction of the Australian courts.

 

  • Any personal data that is collected as part of any competition held by Y Waste, will be processed in accordance with applicable Australian data protection legislation.
  • We reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.
  • Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.