In these Terms, when we say you or your, we mean you as an individual consumer. When we say we, us, or our, we mean TechCollect NZ Limited (NZCN 7495056). We and you are each a Party to these Terms, and together, the Parties.
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
1. Engagement and Term
1.1
These Terms apply from the moment you Drop-off Equipment at a Collection Point until that Equipment has been processed by us or our Processing Partners (the Term).
2. Our Services
2.1
We provide a free collection and responsible recycling or reuse service for Equipment through our e-waste collection and recycling scheme operated under the Waste Minimisation Act 2008 (the Scheme).
2.2
You may Drop-off Equipment at any Collection Point. A list of Collection Points is available on our Website.
2.3
We accept Equipment of any brand.
2.4
We do not accept Excluded Items. You must not Drop-off Excluded Items at any Collection Point.
2.5
Equipment will be processed through either:
(a)
the Recycling Pathway, where Equipment is physically dismantled and shredded, and Storage Media is destroyed through mechanical recycling; or
(b)
the Repair and Reuse Pathway, where Equipment is refurbished (including data wiping by our Processing Partners) and resold or redistributed.
2.6
We determine which pathway applies to each item of Equipment at our discretion. You acknowledge that Equipment you Drop-off may be refurbished and resold rather than recycled.
2.7
We use Processing Partners certified to AS/NZS 5377 or equivalent standards. All processing occurs in New Zealand.
2.8
We do not guarantee any specific recycling outcome for individual items of Equipment.
2.9
We may amend these Terms at any time without notice by publishing the updated Terms on our Website. The updated Terms will show the date they were last updated. It is your responsibility to check the Terms for updates. By continuing to use the Services after we publish updated Terms, you agree to be bound by those updated Terms.
3. Your Obligations
(a)
only Drop-off accepted Equipment;
(b)
not Drop-off any Excluded Items;
(c)
erase all Personal Information from Equipment before Drop-off;
(d)
ensure you own the Equipment or have authority to dispose of it;
(e)
comply with these Terms and all applicable Laws.
4. Data Responsibility and Destruction
4.1
You are solely responsible for erasing all Personal Information and other data from Equipment before Drop-off.
4.2
For Equipment processed through the Recycling Pathway, Storage Media is physically destroyed during the mechanical recycling process. For Equipment processed through the Repair and Reuse Pathway, our Processing Partners perform data wipes before resale or redistribution.
4.3
We do not perform formal data wipes, provide data destruction certificates, or guarantee that data will be irrecoverable, regardless of whether Equipment is processed through the Recycling Pathway or the Repair and Reuse Pathway.
4.4
We accept no liability for any Personal Information or other data remaining on Equipment after Drop-off, or for any loss, damage, or breach arising from your failure to erase data before Drop-off.
5. Transfer of Ownership
5.1
Upon Drop-off, you relinquish all rights, title, and interest in the Equipment and ownership of the Equipment immediately and irrevocably transfers to us.
5.2
Equipment cannot be reclaimed or returned to you once dropped off at a Collection Point.
6. Privacy
6.1
We do not collect Personal Information about you at the point of Drop-off. You may have the option to provide us with your Personal Information via our Website. We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms, and in accordance with our Privacy Policy and any applicable Laws.
6.2
Collection Partners may collect information about you independently under their own privacy policies. We do not control or access this information.
6.3
If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Information Privacy Principles as set out in the Privacy Act 2020, and any other applicable Laws relating to privacy (Privacy Laws).
6.4
To the extent Equipment contains Personal Information when dropped off, you must ensure that:
(a)
you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and
(b)
we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.
7. Consumer Law
7.1
Certain legislation, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
7.2
This clause 7 will survive the termination or expiry of these Terms.
8. Liability
8.1
Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
(a)
neither Party will be liable for Consequential Loss;
(b)
we are not liable for any Liability arising from or in connection with:
a.
Personal Information or other data remaining on Equipment after Drop-off;
b.
the processing, recycling, or reuse of Equipment; or
c.
your inability to reclaim Equipment after Drop-off;
(c)
a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(d)
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to $100.
8.2
This clause 8 will survive the termination or expiry of these Terms.
9. Termination
9.1
These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a)
the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b)
the Defaulting Party goes bankrupt or insolvent.
9.2
Upon expiry or termination of these Terms we will immediately cease providing the Services.
9.3
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
9.4
This clause 9 will survive the termination or expiry of these Terms.
10. General
10.1
Amendment: Subject to clause 2.9, these Terms may only be amended by written instrument executed by the Parties.
10.2
Assignment: Subject to clauses 10.3 and 10.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
10.3
Complaints: If you have a complaint about the Services, please contact us through the contact details provided above. We will endeavour to resolve complaints within a reasonable timeframe.
10.4
Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
(a)
as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
(b)
uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice.
10.5
Governing Law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
10.6
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
10.7
Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.
11. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the following meanings:
- Business Day
- means a day on which banks are open for general banking business in Wellington Central, New Zealand, excluding Saturdays, Sundays and public holidays.
- Collection Partner
- means a retail location, transfer station, or other facility participating in the Scheme where you can Drop-off Equipment, as listed on our Website and updated from time to time.
- Collection Point
- means the physical location at a Collection Partner’s premises where Equipment is accepted for drop-off.
- Consequential Loss
- includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Consumer Law Rights
- has the meaning given in clause 7.1.
- Drop-off
- means the act of delivering Equipment to a Collection Point and relinquishing ownership to us.
- Equipment
- means ICT e-waste we accept within WEE Categories 2 (screens and monitors), 5 (small equipment such as DVD players and projectors), and 6 (small IT and telecommunications equipment such as laptops, keyboards, and mobile phones), as listed on our Website and updated from time to time.
- Excluded Items
- means items we do not accept, including: large household appliances and whiteware; temperature exchange equipment (such as fridges and air conditioners); lamps and lighting; loose batteries; devices with swollen or damaged batteries; and any items outside WEE Categories 2, 5, and 6, as listed on our Website and updated from time to time.
- Force Majeure Event
- means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
- Law
- means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.
- Liability
- means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
- Personal Information
- means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
- Personnel
- means, in respect of us, any of our employees, consultants, suppliers, subcontractors, Collection Partners, Processing Partners, or agents.
- Processing Partner
- means a contractor engaged by us to collect, transport, recycle, refurbish, or otherwise process Equipment.
- Recycling Pathway
- means the process by which Equipment is physically dismantled, shredded, and recycled, with Storage Media destroyed through mechanical recycling.
- Repair and Reuse Pathway
- means the process by which Equipment is triaged, refurbished (including data wiping), and resold or redistributed.
- Scheme
- means the TechCollect NZ e-waste collection and recycling scheme operated under the Waste Minimisation Act 2008.
- Services
- means the free collection and responsible recycling or reuse of Equipment through the Scheme.
- Storage Media
- means hard drives, solid state drives, memory cards, and any other data storage components contained within Equipment.
- Terms
- means these terms and conditions and any documents attached to, or referred to in, each of them.
- Website
- means www.techcollect.nz.
- WEE Categories
- means waste electrical and electronic equipment categories as defined under applicable product stewardship regulations.