Privacy Policy

1. Introduction

BM Recycling Pty Ltd t/as Banksmeadow Recycling (ABN 29 631 360 444) (we, us and our) understand that your privacy is paramount and we are committed to protecting your privacy. This policy sets out how we handle information about you.

We may modify or amend this Privacy Policy from time to time. We will display a notice on our website indicating when any such revisions have been made. This Privacy Policy was last updated on 8 October 2019.

Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.

2. Collection of personal information

Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.

We may collect personal information from you when you:

when you buy, supply or use any products or services from us, we will collect the personal information you provide to us during the course of the purchase, supply or use;
visit our website or fill in a form on our website;
request information about us or our products or services, provide feedback or fill in one of our surveys;
contract with us;
become or apply to become a shareholder;
contact us by any method, such as telephone, email, post, facsimile or in person; or
become an officer, employee, contractor, consultant, service provider or agent of ours,
or otherwise as notified to you from time to time, including in any collection notice.

The personal information you provide to us may vary depending on the nature of your interaction with us, but may for example include your name, date of birth, contact details and any communications you send to us.

There may be occasions when we collect information about you from a third party. In such instances, we will determine whether we would have been entitled to collect such information from you and to the extent we would not have been entitled to do so, we will destroy or de-identify such information as soon as reasonably practicable.

Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact us with a general enquiry, we will not ask for your name unless we need it to adequately handle your enquiry. However, for most of our functions and activities we need your name and contact information.

3. Our website

Our web servers may automatically collect information when you visit our websites, including:

your IP address;
the date and time of your visit;
the parts of our website you access during your visit;
your actions on our website; and
the browser you are using.

In using our websites, your personal information may be collected through the use of cookies. These are small text files placed on your mobile device or computer by our websites which automatically collect information about you without you providing that information to us directly. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies.

Please note that rejecting cookies may mean that some or all of the functions on our website will not be available to you.

Sometimes our websites contain links to other websites. When you access a website other than our websites, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.

4. Using your personal information

The personal information that we collect is generally used for our business functions and activities, to provide products or services to you, and, if you use our website, to track your usage, to evaluate performance of our website, and to keep track of your account settings. Information collected by us may also be used for the following purposes:

(i) to provide you with information in relation to the products and services we provide or you have requested;
(ii) to send email notifications for special promotions or offers conducted by us;
(iii) to conduct marketing activities and to conduct market research;
(iv) to respond to your questions or suggestions;
(v) to improve the quality of our products or services; or
(vi) to improve the quality of your visit to our Website.

You may opt out of receiving marketing information by notifying us accordingly, or by using any unsubscribe facility we provide for that purpose.

5. Sharing your personal information

We may disclose your personal information to other related entities within our corporate group for our own business purposes.

We may disclose information to third party contractors, who help us conduct our business. Where information is shared with these third parties, we will take all reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us.

At this time, all third parties referred to above are located within Australia. However, in the future we may disclose your personal information to a third party that is located outside Australia. It is not practicable for us to specify the countries in which such third parties are located.

We may also disclose your personal information as permitted or required by law.

6. Accessing and correcting your personal information

We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under relevant privacy legislation. If you require access to your personal information, please contact us as described in section 9 below. You may be required to put your request in writing for security reasons.

For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.

If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).

We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.

7. Protecting your personal information

We are committed to protecting your personal information. We take appropriate security measures to protect your personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure.

8. Change of policy

We may modify or amend this Privacy Policy from time to time. We will display a notice on our website for a reasonable period after any such revisions have been made. We will keep the current version of this Privacy Policy on that website.

9. Contact information

If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact:

Name: Mr Brendan Martin
Email: bmartin@bmrecycling.com.au
Telephone: 0422 647 150

If you make a complaint, we will endeavour to respond to it as soon as possible. If you are dissatisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au.

Terms & Conditions

Effective October 2019

IMPORTANT NOTICE: These terms and conditions (Terms) apply to any person attending the Site (defined below) to tip waste, unless BM Recycling Pty Ltd trading as Banksmeadow Recycling (Banksmeadow Recycling) has in place a separate written agreement with that Customer for the tipping of waste at the Site. Please read these Terms carefully. By proceeding to tip waste at the Site, you will be taken to have agreed to these Terms. If you do not accept these Terms, you must not tip any waste at the Site.

Reference Schedule

1.Customer	Any person attending at the Site to tip Waste
2.Rates for Services	As provided to the Customer from time to time or displayed at the Site
3.Waste we accept at the Site (“Waste”)	Uncontaminated soil (Banksmeadow Recycling shall be responsible for determining whether soil is within the thresholds set out in its Environment Protection Licence – details of which can be provided on request) Building and demolition waste Asphalt Waste Green Waste Natural, uncontaminated timber
4.Waste we will not accept at the Site (“Excluded Waste”)	Any waste that includes asbestos, fibro, liquids, rubber, , food waste, noxious weeds and contaminated waste and soils as well as waste that is combustible, corrosive, contaminated, toxic, reactive, radioactive, volatile, highly flammable, explosive or other waste not approved by Banksmeadow Recycling.
5.Services	The disposal of Waste tipped at the Site
6.Site	38 McPherson Street, Banksmeadow
7.Waste Acceptance Criteria	All loads are subject to inspection and waste received must be of the type set out in point 3 above and not contain any Excluded Waste
8.Opening Hours	Monday to Friday 24hrs, Saturday 6am – 3:30pm, Sunday Closed

1.Customer

Any person attending at the Site to tip Waste

2.Rates for Services

As provided to the Customer from time to time or displayed at the Site

3.Waste we accept at the Site (“Waste”)

Uncontaminated soil (Banksmeadow Recycling shall be responsible for determining whether soil is within the thresholds set out in its Environment Protection Licence – details of which can be provided on request)
Building and demolition waste
Asphalt Waste
Green Waste
Natural, uncontaminated timber

4.Waste we will not accept at the Site (“Excluded Waste”)

Any waste that includes asbestos, fibro, liquids, rubber, , food waste, noxious weeds and contaminated waste and soils as well as waste that is combustible, corrosive, contaminated, toxic, reactive, radioactive, volatile, highly flammable, explosive or other waste not approved by Banksmeadow Recycling.

5.Services

The disposal of Waste tipped at the Site

6.Site

38 McPherson Street, Banksmeadow

7.Waste Acceptance Criteria

All loads are subject to inspection and waste received must be of the type set out in point 3 above and not contain any Excluded Waste

8.Opening Hours

Monday to Friday 24hrs, Saturday 6am – 3:30pm, Sunday Closed

1. Customer’s tipping of waste

1.1 Customer’s obligations generally

The Customer must:

(a)comply with all applicable laws and any specific requirements of the Banksmeadow Recycling’s Environment Protection Licence notified to the Customer with respect to the types of waste that can be accepted at the Site;
(b)not tip any Excluded Waste at the Site;
(c)bear its own costs of loading and transporting the Waste to the Site, of tipping the Waste at the Site and of removing Excluded Waste from the Site;
(d)not misuse any goods, property or services owned or used by Banksmeadow Recycling or its Personnel;
(e)promptly provide to Banksmeadow Recycling all information and documents reasonably requested by Banksmeadow Recycling relating to the Waste, including the source of the Waste, weight of the Waste, type of waste, vehicle registration, company name (if applicable), confirmation of compliance with applicable laws and a waste classification report (if required) (in the form reasonably required by Banksmeadow Recycling);
(f)when on the Site, ensure that it complies with all health and safety and any other reasonable requirements (including rules, policies and directions) imposed by law or which Banksmeadow Recycling may impose;
(g)ensure that its Personnel comply with all of these Terms; and
(h)ensure that any employee, agent or representative of it completes the site induction on their first visit to the Site.

1.2 Rates

(a)The tipping of Waste will be charged at the rates provided to the Customer or displayed at the Site from time to time.
(b)If the Customer tip Excluded Waste or tips Waste which is not in accordance with the Waste Acceptance Criteria for the Site, the Customer must collect that Waste from the Site at its own cost and must pay Banksmeadow Recycling a re-load fee of $250 + GST per load.

1.3 Payment

Unless otherwise notified to you or agreed in writing, payment terms are strictly “cash on delivery” and will be taken by credit card prior to you or your employee, representative or agent leaving the Site.

1.4 Adjustments to Charges

(a) If, subsequent to the Customer tipping Waste, Banksmeadow Recycling reclassifies the types of Waste tipped such that different charges would have applied to such Waste, Banksmeadow Recycling will recalculate the charges payable and:
- (i) where the Customer has paid on a ‘cash on delivery basis’, where the charges are greater, invoice the Customer for the difference or where the charges are less, issue a credit note to the Customer and pay the refund within 30 days of the date of the credit note (which such refund processing as a charge back to the credit card used for the original payment); or
- (ii) where the Customer has a credit account, where the charges are greater, invoice the Customer for the difference and apply the increased charges to the Customer’s account or where the charges are less, issue a credit note to the Customer and credit the amount to the Customer’s account.
(b) If Banksmeadow Recycling determines it has incorrectly charged a Customer which is not covered by clause 1.4(a), it will:
- (i) where the Customer has paid on a ‘cash on delivery basis’, issue a credit note to the Customer and pay the refund within 30 days of the date of the credit note (which such refund processing as a charge back to the credit card used for the original payment); or
- (ii) where the Customer has a credit account, issue a credit note to the Customer and credit the amount to the Customer’s account.

2.Banksmeadow Recycling’s provision of Services

2.1Handling of Excluded Waste

(a)Banksmeadow Recycling may inspect, sample, test and analyse any waste which the Customer intends to dispose of and Banksmeadow Recycling is not obliged to accept or dispose of that waste if it:

(i)is not Waste;
(ii)is Excluded Waste; or
(iii)is not delivered to Banksmeadow Recycling in accordance with these Terms.

(b)If the Customer wishes to tip Excluded Waste, the Customer may request that Banksmeadow Recycling, and Banksmeadow Recycling may offer to (but, to avoid doubt, is not obliged to make such an offer) accept receipt of the Excluded Waste, or part of the Excluded Waste, at the Site if Banksmeadow Recycling’s Environmental Protection Licence allows for that waste type, at rates separately advised by Banksmeadow Recycling to the Customer. Any such Excluded Waste Banksmeadow Recycling offers to accept will be Waste, and not Excluded Waste, for the purposes of the other provisions of these Terms.

2.2Hours of Operation

(a)Subject to clauses 2.1(a), 2.2(b), Banksmeadow Recycling shall provide the Services to the Customer at the Site during the Opening Hours.
(b)Banksmeadow Recycling may close or limit operations at the Site (whether temporarily or permanently) to:

- (i) comply with any law, including, without limitation and for the avoidance of doubt, any condition of an applicable environment protection licence or development approval; or
- (ii) undertake any building, development or remedial works or other improvements rendering the Site incapable of processing Waste.

3.Processing, ownership and delivery of Waste

3.1Title to, and risk in, Waste

(a)Subject to clause 3.1(c), title in the Waste passes from the Customer to Banksmeadow Recycling from (but not prior to) the time the Waste is unloaded and accepted by Banksmeadow Recycling at the Site in accordance with Banksmeadow Recycling’s usual procedures for the acceptance of waste; or
(b)Until title in the Waste passes from the Customer to Banksmeadow Recycling in accordance with clause 3.1(a), all risks and obligations and any liabilities arising from or in relation to the Waste, remain with the Customer.
(c)Title to and risk in Excluded Waste passes from the Customer to Banksmeadow Recycling if Banksmeadow Recycling agreed or offered to accept that Excluded Waste pursuant to clause 2.1(b) before collection by Banksmeadow Recycling at the Banksmeadow Premises. For the avoidance of doubt, if Banksmeadow Recycling has not agreed to accept Excluded Waste, title to and risk in that waste remains with the Customer at all times.

3.2Determining weight of Waste

(a)Fees will be calculated based on the Net Weight of the Waste delivered the Site as determined in accordance with this clause 3.2.
(b)Each vehicle tipping Waste at the Site must drive over the designated weighbridge at the Site prior to tipping the Waste to ascertain the gross weight of the vehicle (Gross Weight) and the driver will advise the weighbridge operator of the type of Waste.
(c)The vehicle may then proceed as directed by Banksmeadow Recycling’s Personnel to dispose the Waste in the appropriate area of the Site.
(d)If required prior to leaving the Site and after having tipped the Waste in accordance with clause 3.2(c), the driver must drive the vehicle back over the weighbridge to ascertain the tare weight of the vehicle (being the weight of the truck or other vehicle after having tipped the Waste) (Tare Weight). In all other circumstances, the Tare Weight will be the tare weight of the vehicle last recorded by Banksmeadow Recycling. If the Customer has modified the vehicle since that last recording, it must notify Banksmeadow Recycling’s Personnel and have the truck or vehicle re-weighed after having tipped the Waste.
(e)Banksmeadow Recycling will, at the time of delivery, inform the driver or the Customer of the Gross Weight, Tare Weight and Net Weight. Net Weight is the weight of the Waste (in tonnes) in the vehicle tipped at the Site, and is as calculated as the Gross Weight minus the Tare Weight.

4.Limitation of liability

4.1Consequential loss

(a)Subject to clause 4.2(b), and to the maximum extent permitted by law, neither party is liable for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, or loss of business opportunity, f whether for breach of contract, statute, tort (including without limitation negligence) or otherwise, and even if notified of the possibility of that loss or damage.

4.2Implied warranties and liability

(a)Any warranty, guarantee, condition, representation, undertaking or other right that would be implied in or otherwise required in connection with these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
(b)Notwithstanding any other provisions of these Terms, Banksmeadow Recycling does not exclude, restrict or modify any warranty, guarantee, condition, representation, undertaking or other right under any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void (Non-excludable Condition).
(c)Subject to clause 4.2(b) and to the extent permitted by law, the maximum aggregate liability of Banksmeadow Recycling for all causes of action arising out of or in connection with these Terms or their subject matter in each consecutive 12 month period commencing on the Commencement Date (each a Claim Period), whether for breach of contract, statute, tort (including without limitation negligence) or otherwise, is limited to $50,000.
(d)The limitation of liability in clause 4.2(c) does not apply in respect of Banksmeadow Recycling’s liability for personal injury or death;
(e)Where permitted by law, the liability of Banksmeadow Recycling for a breach of any Non-excludable Condition in respect of any goods or services is limited, at Banksmeadow Recycling’s option, to:

(i)the supplying of the goods or services again; or
(ii)the payment of the cost of having the goods or services supplied again.

5.Denial of access

Banksmeadow Recycling may deny the Customer access to the Site (whether temporarily or permanently) on reasonable grounds, including where it believes the Customer has not complied or will not comply with these Terms.

6.Governing law and jurisdiction

(a)These Terms are governed by the laws of New South Wales, Australia.
(b)The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.