Terms and Conditions

MobileMuster

The official recycling program of Australia’s mobile phone industry

Terms and Conditions of Participation

On behalf of the telecommunications industry, the Australian Mobile Telecommunications Association (“AMTA”) has developed MobileMuster, the official recycling program of the mobile phone industry that recycles mobile phone handsets, batteries, chargers and accessories, as well as mobile wifi modems and smart watches.

By registering as a MobileMuster collection partner you agree to these terms and conditions of participation (“Terms”).

Definitions

Approved Site” means a site which you have nominated in your MobileMuster Registration Form and which AMTA has approved;

Collection Units” means the MobileMuster containers used for the collection of Mobile Components, provided to you by AMTA;

Government Agency” means a government or government department, a governmental, semi-governmental or judicial person or a person (whether autonomous or not) charged with the administration of any applicable law;

Office Hours” means the hours between 9.00 am and 5.00 pm Monday to Friday (excluding a public holiday in the location where the Mobile Components are to be collected);

Mobile Components” means used, unwanted or discarded mobile phone, wifi modems and smart watch components (including handsets, chargers,  batteries,  accessories and associated packaging) including NiCad, NIMH, Lithium Ion, and Lithium Polymer mobile phone batteries, and other such components that may be used in, together with or as an accessory to, mobile phones, mobile wifi modems and smart watches;

MobileMuster” means the government accredited Mobile Components recycling program created by AMTA and supported by the mobile phone industry which operates across Australia to the highest environmental standard and aims to raise community awareness about the importance of mobile phone recycling;

MobileMuster IP” means all business names, copyrights, patents, trade marks, service marks, trade names, slogans, designs and similar industrial, commercial and intellectual property which are owned, used, applied for or created by AMTA and others in connection with MobileMuster, including all such rights in the Promotional Material, Collection Units and any other item or material provided to you by ATMA in connection with these Terms;

MobileMuster Registration Form” means the MobileMuster application form available on our website at https://www.mobilemuster.com.au/join-us/;

Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth);

Personnel” means your related parties (including, if you are a body corporate, related bodies corporate), along with your officers, employees, agents, contractors and any of their related parties;

Promotional Material” means the MobileMuster promotional, marketing and advertising material provided to you from time to time by AMTA;

Public Drop-off Point” means the physical address of the Approved Site to be listed on the MobileMuster website as a location for the public to drop off their Mobile Components; and

Stored Collections” means any Mobile Components collected on behalf of AMTA that are stored prior to collection by AMTA (i.e. they have been removed from the Collection Unit).

1. Duration

These Terms continue to apply until either party chooses to terminate their relationship in accordance with clause 12.

2. Changes to Terms

AMTA may from time to time change or amend these Terms by posting or otherwise publishing any such changes on its website together with the relevant revision date.  Your continued use of our services after any such changes have been published constitutes your acceptance of revised Terms.  If at any time you do not agree with these Terms, you may cancel your registration in accordance with clause 12 of these Terms.

3.Registration as a collection partner

To become a MobileMuster collection partner you must complete and submit a MobileMuster Registration Form.  AMTA may approve or withhold acceptance of your application, and of any site that you apply to register as an Approved Site, at its discretion.  Upon being approved by AMTA and registered as a collection partner, you acknowledge and agree that you:

a) will comply with these Terms;

b) will promptly notify AMTA of any changes to your details and your Approved Sites;

c) are entitled to hold yourself out as a MobileMuster collection partner; and

d) will use your best endeavours to avoid doing anything which may be inconsistent with MobileMuster’s objectives.

4. Recycling Services

In respect of each Approved Site, AMTA will:

a) supply you with one Collection Unit;

b) supply you with Promotional Materials, if the site is listed as a Public Drop-off Point;

c) provide free collection of your Stored Collections within seventy-two hours of you booking a pick up (see clause 7 for instructions on how to book a pick up); and

d) ensure that the weight of all Mobile Components that AMTA collects from your Approved Sites are recorded and communicated to you on an annual basis.

5. Ownership of Mobile Components

Immediately upon the Mobile Components being deposited or placed into the Collection Units, AMTA becomes the legal owner of each of the Mobile Components.  You must not, and must ensure that your Personnel do not:

a) collect Mobile Components for any person other than AMTA or for any purpose other than recycling through MobileMuster;

b) reuse, repurpose, resell, deal with or dispose of any Mobile Components collected by you in the course of being a registered MobileMuster participant, other than as expressly permitted by these Terms; and

c) remove or retrieve any Mobile Components deposited in the Collection Unit or Stored Collections under any circumstances other than at the instruction of or for collection by authorised representatives of AMTA.

6. Your obligations – Collection Units

You must ensure that:

a) the Collection Unit is maintained solely at the Approved Site in a secure location that:

i. if your Approved Site is listed as a Public Drop-off Point, is accessible at reasonable times by the public;

ii. may be monitored at all reasonable times by your Personnel;

iii. restricts unauthorised access to the Collection Unit by the public and your Personnel; and

iv. is a reasonable distance away from any public entrances and exits from the Approved Site;

b) as far as reasonably possible, only Mobile Components are deposited into the Collection Unit;

c) the Collection Unit and any Mobile Components deposited into the Collection Unit are handled carefully and in a manner which minimises any risk of damage or hazard to persons or property arising from the handling of Mobile Components;

d) each Collection Unit is properly sealed at all times, except where your Personnel remove Mobile Components for packing and subsequent collection by AMTA in accordance with these Terms;

e) the Collection Unit is cleared of Mobile Components on a regular basis and when the Collection Unit is full;

f) you inform AMTA immediately on becoming aware that:

i. a Collection Unit has been damaged;

ii. any lock on a Collection Unit is broken or damaged; or

iii. the condition of the Collection Unit deteriorates in a way that makes any anti-theft lid ineffective,

and provide all information reasonably requested by AMTA to enable it to determine whether a replacement Collection Unit and/or lock is required to be sent to you; and

g. where AMTA provides you with Promotional Material that is to be fixed to the Collection Unit or otherwise displayed at the Approved Site, that you display such Promotional Materials in accordance with instructions received from AMTA from time to time.

7. Your obligations – Stored Collections

a) You must ensure that the Stored Collections are:

i. held at your Approved Site(s) in a secure location that is not accessible to the public and which restricts unauthorised access by your Personnel; and

ii. packaged for collection in accordance with the packing guidelines available on MobileMuster’s website at https://www.mobilemuster.com.au/packing-guidelines/, as amended from time to time.

b) You must book a pick-up of Stored Collections when your Collection Unit is full. To book a pick-up call 1800 249 113 or book online at mobilemuster.com.au.  You will be given a Case ID number to write on the box for collection.  Your Stored Collections may only be removed by a courier who has the correct Case ID number written on a consignment note (an “approved courier”).  If a courier does not present the correct Case ID number at the time of pick-up, you must not release the Stored Collections and must call AMTA immediately on 1800 249 113 to attempt to resolve the matter.

c) You must ensure that the approved courier has access to your Approved Site(s) at reasonable times to collect the Stored Collections.

8. Theft of Mobile Components

a) You must inform AMTA and the police immediately if someone other than an approved courier removes or attempts to remove any Mobile Components.

b) AMTA regards any unauthorised removal of Mobile Components (whether by your Personnel, members of the public, couriers and other persons) as theft and you agree to provide all assistance reasonably required by AMTA in situations of suspected, alleged or actual theft of Mobile Components from your Collection Units, Stored Collections or otherwise from your Approved Site(s).

9. Indemnity and Insurance

a) You agree to effect and maintain:

i. public liability insurance for an amount of not less than $10,000,000 and which covers all loss, injury or damage to any person or organisation which might arise in connection with your participation in MobileMuster program at your Approved Site(s); and

ii. workers’ compensation insurance for an amount required by the relevant State or Territory legislation where your Approved Site(s) is located; and

b) You will indemnify and keep indemnified AMTA and its officers, employees and agents against all losses, liabilities and expenses (including legal costs on a solicitor and own client basis) arising out of or in connection with, whether directly or indirectly:

i. any breach by you of your obligations under these Terms; or

ii. any act or omission involving fault or negligence on your part.

c) Your liability to indemnify AMTA under this clause will be reduced proportionately to the extent that any breach of these Terms by AMTA, or any act or omission involving fault or negligence on the part of AMTA, contributed to the loss, liability or expense.

10. Promotional Material and MobileMuster IP

You acknowledge and agree that:

a) AMTA owns all the right, title and interest in the MobileMuster IP;

b) the Promotional Material and Collection Units remain the property of AMTA at all times;

c) AMTA grants you a royalty-free, non-exclusive, revocable and non-transferable licence (without a right of sub-licence) to use the MobileMuster IP solely in connection with your participation in MobileMuster, subject to AMTA’s directions from time to time;

d) you will use the MobileMuster IP and Promotional Materials in accordance with the guidelines and instructions issued by AMTA from time to time; and

e) on termination of these Terms you must promptly return to AMTA all Promotional Material in your possession or under your control and immediately cease using the MobileMuster IP.

11. Safety and compliance

a) You must comply with the requirements of all relevant laws, codes, regulations, rules and industry practice, including those relating to:

i. workplace health and safety;

ii. the collection, storage and handling of Personal Information; and

iii.     the packing, labelling and transportation of goods (including dangerous goods).

b) You warrant that at all times during your participation in MobileMuster you have an effective occupational health and safety policy in place and have put in place all appropriate measures in compliance with that policy.

c) From the point that Mobile Components are placed in the Collection Unit you must do all things reasonably necessary to ensure that any Personal Information in the Mobile Components is not collected, stored, handled or disclosed other than in accordance with these Terms, including complying with your obligations under clauses 6a, d and f and clause 7a.

d) In addition to your obligations under clause 8a, you must immediately notify AMTA if you become aware of any suspected or known unauthorised access to or disclosure or loss of Personal Information in the Mobile Components (for example, if a Collection Unit has been tampered with or any Stored Collections or Mobile Components are lost or stolen). You must take all steps reasonably required by AMTA in the event of any suspected or known unauthorised access, disclosure or loss of such Personal Information, which may include:

i. undertaking a thorough internal assessment to ascertain the source of the disclosure and whether the disclosure is likely to result in serious harm to any individual affected, and communicate the findings to AMTA;

ii. notifying the relevant authorities; and

iii. taking such other action as AMTA may reasonably require to minimise harm to any affected individuals.

12. Termination

a) Either party may terminate these Terms at any time by giving not less than four weeks written notice to the other party.

b) AMTA may immediately cancel your registration as a collection partner and terminate these Terms by written notice to you if you breach these Terms.

c) On termination you must:

i. allow AMTA or any person authorised by AMTA to remove the Collection Units from each of your Approved Sites during Office Hours or at a mutually agreed time;

ii. promptly return to AMTA all MobileMuster IP and Promotional Materials in accordance with clause 10e; and

iii. immediately cease holding yourself out as a participating member of MobileMuster.

The termination of these Terms does not affect either party’s rights in respect of the period prior to termination.

13. General

a) You must not transfer, assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms. We may transfer, assign or novate our rights and obligations under these Terms at any time without your consent.

b) If a Court finds any part of these Terms invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

c) These Terms are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.