General Terms & Conditions

Clean Up Australia Limited ACN 003 884 991 (“CUA“, “we“, “us” or “our“) is a not-for-profit organisation whose mission is to inspire and mobilise communities to improve and conserve our environment, eliminate litter and end waste.

These Terms and Conditions (“Terms“) govern your:

  1. use of our Platforms;
  2. purchases or donations made through the Site; and
  • participation in and organisation of an Event.

By accessing or using the Platforms, making a donation or purchase through the Site or registering for or organising an Event, you agree to be bound by these Terms.

 

If you do not fully understand these Terms, please seek independent legal advice.

1.        Definitions

“Account” means a personal online profile created by a User through the Site. The Account enables a User to register or join an Event on the Site, as well as access certain functions available on the Site such as making purchases, donating to the charity, tracking orders, or managing preferences.

“AI” has the meaning given to it in clause 2.3(a).

“App” means CUA’s Clean Up Cam App, accessed through a web browser (like Safari or Chrome) designed to work on mobile devices].

“Australian Consumer Law” or “ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and as amended from time to time.

“Event” means any event created for the purpose of supporting environmental initiatives such as clean ups or raising funds or to support the charitable purpose of CUA.

“Event Participants” means individuals who attend, take part in, or are otherwise involved in an event, whether in-person or virtually.

“Event Supervisors” means the Event Volunteers responsible for the planning, coordination and delivery of an Event.

“Event Volunteers” means individuals who offer their time, skills, or services on a voluntary basis to support the planning, coordination, or delivery of an Event and includes the Event Supervisors.

“Intellectual Property Rights” means all statutory and common law rights, whether registered or unregistered, in respect of intellectual property and industrial property in Australia and throughout the world. This includes rights in copyright (including moral rights), trade marks, service marks, business names, trade dress, get-up, patents, designs, circuit layouts, plant varieties, domain names, databases, confidential information, trade secrets, know-how, and other proprietary technical or commercial information. The term also includes any applications for registration, renewals, extensions, and rights to enforce or license such rights, and any other similar rights recognised under any applicable law or international treaty or convention to which Australia is a party.

“Minors” means children under the age of 16 years old.

“Personal Information” has the meaning given to it in the Privacy Act.

“Platforms” means the Site and App together and “Platform” means each of them individually.

“Privacy Policy” means the CUA Privacy Policy available at https://www.cleanup.org.au/privacy .

“Privacy Act” means the Privacy Act 1988 (Cth).

“Registration” means the process by which an individual provides their Personal Information to sign up to, or express interest in, participating in or running an Event as an Event Participant or Event Volunteer.

“Site” means www.cleanup.org.au.

“Users” means individuals who browse and otherwise use a Platform.

2.        Platform Use

2.1      General

  • You acknowledge and agree that you are not a Minor and you understand that our Platforms are not intended for use by Minors. As such, we reserve the right to request proof of age, consent, or block and ban Users from using our Platforms at our sole discretion.
  • When using a Platform, you will not (with respect to the Platform):

(1)      use the Platform for any unlawful purpose or to harass, defame, or threaten others;

(2)      impersonate any person or entity;

(3)      upload harmful, offensive or unlawful content (including images);

(4)      provide false information;

(5)      engage in conduct that breaches any applicable Australian law or regulations;

(6)      transmit viruses, malware, or interfere with security features;

(7)      reverse engineer or attempt to extract source code or models; or

(8)      access or attempt to access data or areas of the Platform not intended for you including misusing AI analysis.

2.2      Accounts

  • When creating an Account, you agree that you will provide true, accurate and complete information and that you will, promptly and without delay, update such information to reflect any changes.
  • You acknowledge and agree that it is your responsibility to maintain the confidentiality of your Account login credentials and you warrant that:

(1)      you are legally capable of entering into binding contracts under applicable Australian law (or have the requisite parental or guardian consent if under 18); and

(2)      all information you provide is truthful, accurate and not misleading.

  • We may, at our complete discretion, elect to suspend or terminate Accounts for any reason, including but not limited to, breach of these Terms or suspected or actual illegal activity.

2.3      Artificial Intelligence

  • You acknowledge and agree that the App uses artificial intelligence (“AI”), including probabilistic algorithms and machine learning models, to analyse images and make estimations regarding the quantity, type, and categorisation of waste depicted in user-submitted photographs (“AI Output“).
  • The AI functionality is intended to provide automated analysis and guidance based on the available visual data. You understand and accept that:

(1)      We make no guarantees regarding the accuracy, reliability, suitability, or applicability of the AI;

(2)      due to the inherent nature of machine learning and probabilistic systems, the AI Output generated by the App may not always be accurate, complete, up to date, or error-free and therefore, the AI may produce incorrect, misleading or incomplete results under certain conditions, including but not limited to poor image quality, unusual environmental features, or image obstructions;

(3)      any analysis and estimations provided through the App are provided strictly for informational purposes only and are not intended to constitute, nor should they be relied upon as, the App’s AI capabilities are continually being improved over time through training processes that may include the use of user-submitted data;

(4)      By using the App, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use, process, store and reproduce your submitted images and associated data in an anonymised and de-identified form for the purposes of AI training, testing, enhancement and ongoing development of the App and related services; and

(5)      you are solely responsible for verifying any outputs or results provided by the App before relying on them or acting in reliance upon them.

2.4      Collection of images

  • By taking an image through the App and submitting it to the App for analysis, you confirm that you own the image and consent to the App analysing the content using automated tools.
  • You acknowledge that images taken by you, using your individual mobile device and uploaded via the App will not be stored on your device but will be uploaded directly on the CUA secure server, where they may be analysed and used in connection with our programs or services. By using the App, you agree to:
    • using your mobile device to capture and upload images;
    • the direct and automatic upload of such images to our server without being stored locally on your mobile device; and
    • our collection, use and handling of those images in accordance with our Privacy Policy and any other applicable Australian laws.
  • When taking and submitting images though the App you agree that you must:
    • not upload images showing identifiable persons (especially Minors) or private locations or residences without lawful consent;
    • use the App in a manner that violates privacy rights or record people without consent in private settings;
    • take reasonable steps to avoid capturing identifiable features, in both public and private settings; and
    • comply with all laws relevant to the photography of individuals in Australia.
  • You accept and agree that failure to comply with the obligations in paragraph 4(c) may result in the:
    • immediate suspension or termination of your access to the Platform; or
    • the removal of any uploaded images, and, where applicable, referral to relevant authorities.

Additionally, you may also be personally liable for any loss, damage, claim or expense (including legal costs) incurred by us or any third party arising from your breach, including where such breach involves infringement of privacy or publicity rights, unauthorised use or collection of images, violation of privacy rights, or failure to comply with applicable laws.

2.5      Data Sharing

  • Event Participants and Event Volunteer may be given the option to share certain data or content (such as images or outcomes) with friends via a sharing feature enabled through the App.
  • You acknowledge and agree that:
    • sharing of this data or content may be done through your own social media account at your discretion and cost, including any data or connectivity charges; and
    • we are not responsible for the terms, conditions or privacy practices of any third-party social media platforms used for such sharing purposes.

2.6      Third-party links

  • The Platform may contain links to websites, services, resources, or content operated or controlled by third parties (“Third-Party Links“). These links are provided solely for your convenience and information. Third-Party Links may direct you to external websites, applications, marketplaces (such as payment gateways), or content that is not owned, operated or maintained by us.
  • You acknowledge and agree that:
    • We do not endorse, sponsor, or approve any Third-Party Links or the operators, products, services, content, or opinions found on those websites or platforms or make any representations or warranties regarding the accuracy, security, legality, availability, or completeness; or
    • Your access to and use of any Third-Party Links is entirely at your own risk and subject to the separate terms and privacy policies of those third parties. We strongly encourage you to review the applicable legal documents of any third-party sites you visit.
  • To the extent permitted by law, we disclaim all responsibility and liability for any:
    • content, services, or goods provided through Third-Party Links;
    • damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such external sites or resources; or
    • Any misuse of your data by a third-party site, including where that misuse is not foreseeable or under our control.

2.7      Availability

  • We provide no guarantee as to the continuous availability or functionality of:
    • any of our Platforms. We reserve the right to change, remove or update all features appearing on our Platforms; or
    • Third-Party Links. Inclusion of any Third-Party Links on the Platform does not imply any affiliation, partnership, or other relationship between us and the third party unless expressly stated.

2.8      Disclaimer

  • You acknowledge and agree that:
    • the use of a Platform is at your own risk;
    • We make no warranties or representations as to the accuracy or completeness of any Platform and we specifically disclaim any liability or responsibility for any errors or omissions including in relation to any Third-Party Links; and
    • We, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, revenue or profit arising out of your access to, or use of, or inability to use or access of any Platform.

3.        Intellectual property

3.1      Ownership

  • Unless otherwise expressly stated, we are the sole and exclusive owner or lawful licensee of all rights, title and interest in all Intellectual Property Rights and to all content, features, functionality, software, text, graphics, images, logos, audio, video, design, source code, databases, algorithms (including artificial intelligence models), and other materials and intellectual property made available via a Platform, and all associated services (collectively, “Our Content”).
  • You must not use, reproduce, or otherwise exploit any of Our Content without our prior written consent.

3.2      Licencing

  • Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to:
    • Access and use the Platforms for your personal, non-commercial use;
    • View and interact with Our Content as made available via the Platforms; and
    • Use the App on a compatible device for the purpose of using the App as intended.
  • The license provided in clause 2(a) does not permit you to:
    • Copy, modify, adapt, create derivative works from, publish, display, distribute, sell, lease, license, or otherwise exploit any part of the Platform or Our Content;
    • Decompile, reverse engineer, or attempt to extract the source code or underlying AI models or software used in the Platform; or
    • Use any data mining, robots, scraping or similar data gathering or extraction tools on the Platform.
  • You understand that all rights granted to you under these Terms are reserved by us and may be revoked at the discretion of CUA, at any time.

3.3      User Content

  • If you submit or upload any content to the Platform, including images, data, text, feedback, comments, or other material (“User Content”), you:
    • warrant that you own or have all necessary rights, licences and permissions to upload and use the User Content;
    • grant us an irrevocable, royalty-free, perpetual, , worldwide licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, transmit, display and otherwise exploit your User Content for the purposes of operating, maintaining, improving and promoting the Platform and our related services, including for training and improving AI functionality and you agree that this licence includes the right to:

(A)      reproduce, store, adapt, alter or modify the images;

(B)      train or improve AI models using the images;

(C)     commercially exploit the images in any format or media, including for research, statistical, educational, or promotional, communication and reporting purposes; and

(D)     sub-license the images (in whole or part) to third parties; and  

  • unconditionally and irrevocably waive any and all moral rights you may have in the User Content under the Copyright Act 1968 (Cth) and consent to the use of the User Content without attribution and the right to object to derogatory treatment.
  • You remain solely responsible for your User Content. We do not claim ownership of your original material but reserve the right to remove any User Content that we reasonably believe breaches these Terms or applicable law.

3.4      Infringement and Enforcement

  • We take protection of our Intellectual property Rights seriously. You must not infringe, misuse or assist others to infringe or misuse any of our Content.
  • You agree to indemnify, defend and hold us (and our directors, officers, employees, contractors and affiliates) harmless from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with any User Content you submit, upload or make available through the Platform, including any claim that such content infringes the rights (including intellectual property rights or privacy rights) of any third party or breaches any applicable law.

4.        Transactions

4.1      Donations

  • You may make voluntary donations to CUA via the Platforms (“Donations“). Unless expressly stated, Donations are used to support the ongoing operation, programs, or Events organised or facilitated by CUA. We reserve the right to apply donations to general charitable or operational purposes in accordance with our mission.
  • You acknowledge and agree that:
    • all Donations are entirely voluntary and non-refundable; and
    • by donating to us, you are not receiving any goods or services in return and that your contribution is made at your sole discretion;
    • while we take reasonable steps to ensure that donations are directed to the intended recipient or cause, we do not guarantee or take responsibility for how the funds are ultimately used, unless we expressly state otherwise. It is your responsibility to assess the legitimacy and purpose of the recipient or campaign before donating; and
    • Donations made through the Platforms are tax-deductible, however, we do not provide tax advice and recommend that you consult a qualified professional to determine the tax implications of your donation.

4.2      Products

  • By placing an order through our Platforms, you agree to purchase the products or services in accordance with these Terms.
  • All prices are listed in Australian dollars (AUD) and include GST (where applicable), unless otherwise stated.
  • We reserve the right to accept or reject your order for any reason, including but not limited to availability, pricing errors, or suspicion of fraud.
  • You warrant that all information you provide to us in relation to your purchase is accurate, complete and current.

4.3      Eligibility

  • You must be at least 18 years old or have the consent of a parent or legal guardian to make a Donation or purchase a product or service from our Platforms.
  • By Donating or placing an order to purchase a product, you represent and warrant that you are legally permitted to use the payment method selected and that the information provided is accurate and complete.
  • We reserve the right to investigate any Donation or purchase activity that we suspect to be fraudulent, unauthorised, or otherwise unlawful. If we believe a Donation or purchase has been made under suspicious circumstances, we may delay or withhold distribution of funds and report the activity to the relevant authorities or financial institutions.
  • If you believe a donation or purchase has been made without your consent, contact us immediately at [email protected]. We will work with the payment processor to investigate the transaction.

4.4      Delivery

  • We will use reasonable efforts to deliver products in accordance with any stated time. However, we do not guarantee delivery times and are not liable for any delay or failure to deliver.
  • Risk in the products passes to you on delivery. Title passes once payment in full is received by us.
  • Unless otherwise stated you are responsible for:
    • providing accurate delivery information;
    • all delivery and shipping charges associated with your order. These costs will be clearly disclosed at checkout and must be paid at the time of purchase; and
    • any redelivery or return-to-sender fees.

4.5      Refunds

  • Refunds or exchanges will be provided where required under the ACL.
  • If you change your mind, refunds or exchanges may be offered at our discretion and may be subject to conditions, including return of goods in original condition and proof of purchase.
  • All requests for returns or refunds must be made in writing within a reasonable time and include proof of purchase.

4.6      Payments & Processing Fees

  • Depending on your financial institution and the payment processor used, additional fees such as foreign transaction fees may apply. We are not responsible for any fees charged by your bank or card provider.
  • We may deduct a platform or processing fee from donations to cover administrative or transaction costs. The amount or percentage of any such deduction will be disclosed at the time of donation or in a separate Fee Schedule.

5.        Events

5.1      Registration

  • You may submit your Registration via the Platforms or CUA prescribed written registration form.
  • You must indicate your acceptance of these Terms and our Privacy Policy by checking the “I agree” boxes prior to completing the registration process or sending us your written registration form. By doing this, you agree to abide by these Terms, as well as any Event specific conditions and safety rules issued by us or the Event Volunteers.
  • If you are a Minor your parent or guardian must sign the registration form on your behalf.
  • You acknowledge and agree that:
    • you participate in Events at your own risk;
    • you must not attend an Event if you are unwell or a risk to others (including due` to infectious illness); and
    • be required to provide us with a health declaration or adhere to safety protocols as indicated by CUA (e.g., for COVID-19 compliance), from time to time.

5.2      Children

  • Minors must be accompanied by a parent or guardian who has signed or submitted the registration form on their behalf, unless otherwise agreed.
  • Persons aged 16 and over may attend Events if they have sufficient capacity to understand the risks and nature of the Event (consistent with principles of the Minors (Property and Contracts) Act 1970 (NSW) or equivalent legislation). For higher-risk Events (e.g. overnight stays), parental consent is required regardless of age.

5.3      Organisation

  • Only Event Volunteers aged 18 years and over may become an Event Supervisor. If acting as an Event Supervisor, you warrant that you are at least 18 years of age.
  • Event Supervisors are responsible for ensuring that all Events are planned and conducted in compliance with all applicable laws, regulations, and best practices. This includes but is not limited to the following:
    • Event Supervisors must comply with relevant federal, state, and local legislation;
    • Event Supervisors must conduct a written risk assessment for each Event, identifying potential hazards and implementing appropriate control measures. Safety measures must include but are not limited to:
      • availability of first aid or emergency contact procedures
      • appropriate briefings for all Event Volunteers; and
      • clear signage if the Event is in a public place;
    • Event Supervisors must obtain all necessary:
      • land access approvals or permits and any relevant authorisations required to run the Event; and
    • If the Event is an Event which has been organised for a School clean up, the Event Supervisor agrees that:
      • the school will maintain responsibility for Event Participants and Event Volunteers for that Event; and
      • all Event Participants and Event Volunteers are covered under the school’s insurance policies;
    • Events should be designed to be as inclusive and accessible as reasonably practicable, including:
      • physical access considerations (e.g., paths, rest areas)
      • cultural and linguistic inclusivity; and
      • non-discrimination in Event Volunteer or Event Participant involvement;
      • Where children are present at or participating in an Event, Event Supervisors must comply with all state and territory child safety legislation, including where required by law or requested by CUA, undertaking and maintaining any necessary working with children checks or clearances.
    • Event Supervisors must:
      • ensure children are always supervised by a responsible adult;
      • follow relevant Child Safe Standards (e.g., the National Principles for Child Safe Organisations); and
      • immediately report any concerns of abuse, harm, or neglect to the appropriate child protection authority and to CUA.
    • Failure to comply with the obligations set out in this clause 3 may result in the cancellation of the Event, removal of organiser privileges, and/or notification to relevant authorities where applicable.

5.4      Event Photography and Media

  • Please note that photography, audio, and video recording may occur during the Event for documentation, promotional, or reporting purposes.
  • By attending an Event, you acknowledge and agree that your image, voice, or likeness may be recorded and used by CUA in publications, promotional materials, social media, or other communications, in accordance with applicable laws.
  • If you do not wish to be photographed or recorded, or if you require special accommodations, please inform the Event Supervisor in writing on the Volunteer Registration Form on the day of the Event.
  • If you do not want your Minors’ image or recording to be used please email CUA at [email protected].
  • All media will be used in accordance with the Privacy Act and our Privacy Policy.

5.5      Disclaimer & Insurance

  • To the maximum extent permitted by law, CUA and any local Event Supervisors involved in the Event will not be liable for:
    • any loss or damage to personal property of the Event Participant; or
    • any act, omission, or negligence of another Event Participant in connection with the Event.
  • Nothing in these Terms excludes any rights or remedies that cannot be lawfully excluded under the Australian Consumer Law, including liability for death or personal injury caused by negligence, where such liability cannot be excluded.
  • Event Participants and Event Volunteers are covered by our voluntary workers insurance policies. The PDS for these insurance policies contain valuable information about volunteer engagement and participation in Events and can be accessed via clicking on the following link: Voluntary Workers Insurance PDS & Policy Wording (AON). Please notify us if you require assistance with accessing this document.

6.        General

  • Privacy: Your privacy is important to us. We collect, use, disclose and store Personal Information in accordance with the Privacy Act and our Privacy Policy. Our full Privacy Policy is available at https://www.cleanup.org.au/privacy and forms part of these Terms.
  • Account and deletion: You may delete your Account at any time. Upon deletion, your stored data will be managed per our Privacy Policy.
  • Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in relation to any dispute arising in connection with these Terms, our Platforms, or your participation in our Events.