The following Terms of Use (the “Terms of Use”) govern your use of the website located at www.terracycle.com/en-NZ (the “Website”), which is owned and operated by TerraCycle, Inc. (“TerraCycle” “us” or “we”). We may, in our sole and absolute discretion, cancel, change, suspend or modify any aspect of the Website at any time, without notice to you. It is important to check the Website and these Terms of Use periodically.
Your access and use of the Website is subject to the following Terms of Use and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Use. If you do not agree with all of these Terms of Use, you may not use any portion of the Website.
TerraCycle reserves the right to remove any individual or organisation that does not comply with the Terms of Use or with the law or who is considered by TerraCycle as disloyal, dishonest, or fraudulent.
THESE TERMS OF USE GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 15, BELOW, FOR MORE DETAILS.
Additional terms for our Free & Paid Recycling Programmes and TerraCycle Recycling Rewards Programmes and Shipment of Medical and Lab Garments and Gloves Programme are stated at the end of those Terms of Use and are hereby incorporated into these Terms of Use. Those Programmes can be found at the end of those Terms of Use under Free & Paid Recycling Programmes and TerraCycle Recycling Rewards Programmes.
Additional terms also exist for the below programmes and are hereby incorporated into these Terms of Use:
Please also consult the independent terms of use of the following TerraCycle’s special programmes that can be found below:
ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US ON 0800 474 016 (Monday-Thursday: 11 a.m. to 7 p.m. NZST, Friday: 11 a.m. - 2 p.m. NZST) OR AT customersupport@terracycle.co.nz.
1. Authorised Use of Website
This Website is provided for your personal and non-commercial use. Any other use of the Website requires the prior written consent of TerraCycle.
2. Unauthorised Use of Website
You may not use spiders, robots, data mining techniques or other automated devices or programmes to catalogue, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent.
3. Proprietary Rights
TerraCycle is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorised TerraCycle to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no licence is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Use are reserved by TerraCycle.
4. No Ideas Accepted
TerraCycle does not accept any unsolicited ideas from outside the company, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and TerraCycle assumes no obligation, expressed or implied, by considering it. You further understand that TerraCycle shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to TerraCycle. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant TerraCycle an irrevocable, perpetual, world-wide licence to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
5. Prohibited Activities
TerraCycle expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to the Website or to other users anything that contains content that:
TerraCycle is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. TerraCycle will make all determinations as to what Content is appropriate in its sole discretion. TerraCycle may edit or remove any content at any time without notice.
6. No Warranties
WHILE TERRACYCLE USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. TERRACYCLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND TERRACYCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TERRACYCLE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TERRACYCLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERRACYCLE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL TERRACYCLE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website.
7. Waiver By California Residents:
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. Third Party Links:
This Website may contain links to other websites or applications not maintained by TerraCycle. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party, you agree that you will address such issues with the third party but all limitations of liability and other rights of TerraCycle shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
9. Changes to Terms:
All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
10. Indemnification:
You agree to indemnify, defend and hold harmless TerraCycle, its employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services purchased through the Website, and (ii) any breach by you of any of these Terms of Use, our Privacy Policy or applicable law. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defences.
11. Severability:
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
12. Waivers; Remedies:
The failure of TerraCycle to partially or fully exercise any rights or the waiver of TerraCycle of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by TerraCycle or be deemed a waiver by TerraCycle of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of TerraCycle under these Terms of Use and any other applicable agreement between you and TerraCycle shall be cumulative, and the exercise of any such right or remedy shall not limit TerraCycle’s right to exercise any other right or remedy.
13. DMCA Notice:
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows: customersupport@terracycle.co.nz
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
14. International Access:
Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
15. Resolution of Disputes:
a. Governing Law: The laws of the State of New Jersey shall govern these Terms of Use.
b. Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with TerraCycle, if these efforts fail you agree that all claims, disputes or controversies between you and TerraCycle arising out of these Terms of Use, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honour these Terms of Use and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.
The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and TerraCycle agree in writing. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Use, in which case these Terms of Use govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
c. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TERRACYCLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Use holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New Jersey.
d. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.
16. Privacy
Your privacy is important to us. Our Privacy Policy describes how we collect, use, disclose and otherwise process personal information and explains the rights and choices available to individuals with respect to their information. This Privacy Policy applies to the services provided on terracycle.com and any of the websites on which it is posted.
Individuals who are Californian residents should be sure to read the important information provided in Notice to Californian residents – your California privacy rights in the US Privacy Policy.
17. Miscellaneous
These Terms of Use do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfil any obligation due to any cause beyond our control.
18. Account Transfer
If a transfer of your account to a third party is requested, please contact the account holder to authorise such transfer and get the account holder to edit all information on his or her account with your details. If the account to be transferred was created with a professional email address of a company or organisation and you cannot reach the initial Account holder, a legal representative of this company or organisation can also request transfer of this account with valid proof of representation to be provided. In that event, you shall request and complete the Account Transfer Request Form for us to authorise such transfer. Such form can be obtained by email through customersupport@terracycle.co.nz.
19. Contact Us
Should you have any questions regarding these Terms of Use or our services you may contact us from Monday- Thursday: 11 a.m. to 7 p.m. NZST and on Friday: 11 a.m. - 2 p.m. NZST at:
TerraCycle Help Centre - https://help.nz.terracycle.com/hc/en-nz
Email us - customersupport@terracycle.co.nz
Call us - 0800 474 016 (excluding Holidays)
Fill in our contact form - https://www.terracycle.com/en-NZ/contact-us
Free & Paid Recycling Programmes
TerraCycle seeks to operate its Free (sponsored) and Paid recycling programmes (“Programmes”) in an ecologically friendly and rational manner. To that end, specific Free Programmes may have minimum shipping requirements (a certain minimum weight must be shipped or the shipment will not be eligible for TerraCycle Recycling Rewards credit) which are specified on the sponsor’s TerraCycle website programme page. Further, TerraCycle may close Free Programme locations if no shipment has been received from that Programme location during a six-month period. This is done to eliminate dormant locations and allow that Programme “spot” to be otherwise utilised. After the closure, the location may not be able to join the Programme again if the space has been filled. TerraCycle Programmes are intended exclusively for used, post-consumer packaging. Post-industrial, factory off-spec, write-off, misprinted, or other pre-consumer waste is not accepted through these Programme solutions. Any shipments of such post-industrial waste will be returned to the point of origin and will incur a non-compliance charge.
It shall be prohibited to use the Programmes for commercial use. TerraCycle will remove from the Programmes any individual or organisation not complying with this obligation.
Overweight parcels (i.e. above 25 kilograms per parcel) or oversized parcels (i.e. over 1.5 metre in length, with a volume of more than 0.125 cubic metres per parcel), duplicated labels, incorrect or misused labels, parcels or waste not compliant with the Programme requirements are not accepted and TerraCycle has the right to remove any individual or organisation from the Programmes in any of the above events.
Labels can only be downloaded and used by the account owner and cannot be used by any third party. TerraCycle has the right to remove from the Programmes any individual or organisation not complying with this requirement.
Some TerraCycle Programmes employ TerraCycle Public Drop Off points (each, a “PDO”) to more efficiently collect programme-compliant materials for recycling. Organisations that elect to operate PDOs encourage individuals to “drop off” their materials that qualify for specific Programmes. By signing up to be a PDO and agreeing to these Terms of Use, PDOs are also agreeing that TerraCycle may publish on the TerraCycle websites and on pages on third-party online platforms, relevant information about the PDO to allow participants to contact and find the location and to include their PDO in an interactive map designed to help consumers find PDOs in their area. The information shared are the address and contact details that have been approved by the TerraCycle account holder. Such PDOs also agree that operating as a TerraCycle Public Drop Off point does not violate any applicable rules of their location, regulations or laws.
Only one account per person is authorised.
TerraCycle works with third parties carriers and handlers to ship and check-in your parcels. We use our best efforts to make sure your shipment is delivered effectively and reaches its appropriate destination and checked into TerraCycle's system. However, TerraCycle will not be liable for any lost or stolen parcels unless it results from the act or omission of TerraCycle. If a shipment is lost or stolen, TerraCycle will do its best to find a solution to remedy the situation.
TerraCycle Recycling Rewards
Many Free Programmes accrue TerraCycle Recycling Reward points (“Points”) for each unit of waste collected (over a minimum amount). Points may be applied in one of two ways : a) they may be applied to one of the charitable programmes chosen by TerraCycle for specific actions (by way of example only, a fixed number of points may be redeemed to help clean up rivers with the TerraCycle Global Foundation) by our partner organisations (see, www.terracycle.com/en-NZ/redeem for descriptions of these programmes); or b) the points may be redeemed for cash amounts that will be sent to the Charity or School designated by the account holder. .
From the day your shipment is received, the Points will be accrued on your account within thirty (30) days, if applicable. If there are any issues with the points attribution, you will have sixty (60) days after this period to contact us to notify such issue and TerraCycle will investigate it. Past this period, TerraCycle will not consider any claim.
Points will expire, and the account holding them will be closed if there is no activity in the user’s TerraCycle account for a one-year period. Account activity includes logging into the website, downloading a shipping label, shipping a package of compliant post-consumer material to TerraCycle, or an election entered onto TerraCycle’s website to either designate Points for a specific programme or redemption of Points into cash to be sent to a designated charity or school. Points that expire in this manner will not be available for designation to charities or for redemption. All checks expire one year after issue and no replacement requests for lost checks will be honoured after one year of the issuance date of the original check. In addition, if correct payment details are not provided after two attempts, any outstanding redemption points will be forfeited.
In the case of a minimum weight change, a reduction in the number of points attributed or new restrictions on the size or format of parcels, each Programme participant will be informed of the change by email. Any parcel sent at least fourteen days before the date of the change indicated in the email will be subject to the terms of the Programme in place before the announced date
Payments to schools and nonprofit organisations are made twice per year.
To allocate donations to schools or nonprofit organisations, you must redeem your Points on your TerraCycle account. Please note, the minimum amount of points are noted on terracycle.com/en-AU/redeem. You can only donate to a charity in the same country as your account is registered.
Redeem your Points by April 30 and TerraCycle will endeavour to pay your nominated school or nonprofit organisation in June.
Redeem your Points by October 31 and TerraCycle will endeavour to pay your nominated school or nonprofit organisation in December.
TerraCycle does not accept any item contaminated or potentially contaminated with biohazardous material. By agreeing to these Additional Terms & Conditions in Respect of Apparel Shipments, you hereby agree to ship only such apparel as conforms with the following provisions Any apparel shipped in contravention of these Terms may be rejected and subject to additional shipping and handling charges. In addition, your ability to make future shipments could be affected.
All apparel must be reviewed during de-gowning to ensure compliance, safety and proper disposal.
Step 1: Identifying Biological Contamination
Step 2: Identifying other contaminants
Step 3: Identifying Acceptable Apparel
EHS Coordinator: For more information on acceptable apparel and CFR regulations contact TerraCycle at 0800 474 016.