Simbl Platform User Terms

Simbl provides:

  • the Simbl Platform which incorporates the Simbl App, the Simbl Companies App, the Simbl School App, the Rewards Program, and Simbl Prize Contests;
  • the Simbl App through which Users acquire certain Products and Services including:
    • scanning barcodes or QR codes on products with recyclable packaging to obtain recycling information and recycling such products to acquire SimBux through the Rewards Program;
    • earning Enviros through the Rewards Program including by donating SimBux to environmental organizations;
    • participating in Simbl Prize Contests and Third Party Prize Contests; and
    • using SimBux to acquire certain Products and Services on the Simbl Platform including procuring other Users to recycle through the Simbl Platform; and
  • the Simbl Companies App through which Users which are companies and manufacturers of goods can acquire certain Products and Services from Simbl including:
    • data concerning the recycling of their products by Users;
    • creating product labels;
    • communicating their recycling requirements to their customers and Users of the Simbl App;
    • rewarding Users or procuring Simbl to reward Users who recycle the company’s products through the Rewards Program, Simbl Prize Contests and their own Third Party Prize Contests; and
    • promoting the Simbl Platform, their own Third Party Prize Contests and Simbl Prize Contests; and
  • the Simbl School App to help Users which represent schools teach recycling to students and for Users which represent schools use related Products and Services including establishing school profiles and acquiring SimBux on behalf of schools to donate to environmental organizations.

This document sets out the terms and conditions on which Simbl will provide the User with access to and use of the Simbl Platform and the circumstances in which Simbl will allocate SimBux to Users as part of the Rewards Program.

By clicking the ‘I accept’ button or otherwise confirming the User’s acceptance of these Terms electronically or the User commencing use of the Simbl Platform, the User agrees that it has read, understood and will be bound by these Terms together with any Specific Terms and  the Reward Rules

1. Definitions and interpretation
  1. Definitions
    2. In these Terms, unless the context otherwise requires:
    1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
    2. Authentication Credential means the username and password or other means of authentication which the User is required to provide in order to be able to access the User’s Simbl Account.
    3. Consequential Loss means:
      1. any form of indirect, special or consequential loss;
      2. any loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, loss of data and loss of opportunity; and
      3. any loss beyond the normal measure of damages.
    4. Data means the information and data:
      1. collected or generated during the User’s use of the Simbl Platform; and
      2. provided by the User to Simbl or transmitted by the User to Simbl (including any ‘Customer Information’ provided in accordance with clause 2(a)).
    5. Enviros means points which are allocated to a User’s Simbl Account through the Rewards Program and which may be redeemed for certain Products and Services provided by Simbl on the Simbl Platform in accordance with the Reward Rules.
    6. Financial Product Advice has the same meaning as in the Corporations Act 2001 (Cth).
    7. Indirect Tax means a goods and services tax, a value added tax, a consumption tax or a tax of a similar kind.
    8. Intellectual Property includes all patents, designs, copyright, trade marks or circuit layout rights and any right to apply for the registration or grant of any of the above.
    9. Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
    10. Order means an order submitted through the Simbl Platform by the User to Simbl for the acquisition of a Product or Service provided by Simbl.
    11. Payment Facility means:
      1. SimBux held in the User’s Simbl Account; or
      2. any credit card, debit card, bank account or other payment facility, details for which are provided by the User to Simbl (or its payments provider),
      which is accepted by Simbl in connection with the payment of the Purchase Price.
    12. PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
    13. Products means any product or good which is offered for sale through or via the Simbl Platform, including Third Party Products.
    14. Purchase Price has the meaning given to it in clause 2(b).
    15. Rewards Program has the meaning given to it in clause 3(a).
    16. Reward Rules means rules published by Simbl from time to time on the Simbl Website in respect of the Rewards Program.
    17. Services means any services which are offered for sale through or via the Simbl Platform, including Third Party Services.
    18. Simbl means:
      1. in respect of the issue of SimBux,Simbl IO Pty Ltd; and
      2. in respect of the Simbl Platform other than the issue of SimBux, Simbl Pty Ltd (ACN 655 880 612).
    19. Simbl Account means the account that a User registers for in order to be able to use the Simbl Platform and may include various sub-accounts and digital wallets dealing with Users’ holding of SimBux and participation in the Rewards Program.
    20. Simbl App means the mobile phone application made available by Simbl Pty Ltd ACN 655 880 612 through which Users can acquire certain Products and Services including:
      1. scanning barcodes or QR codes on products with recyclable packaging to obtain recycling information and recycling such products to acquire SimBux through the Rewards Program;
      2. earning Enviros through the Rewards Program including by donating SimBux to environmental organizations;
      3. participating in Simbl Prize Contests and Third Party Prize Contests; and
      4. using SimBux to acquire certain Products and Services including procuring other Users to recycle through the Simbl Platform.
    21. Simbl Companies App means the mobile phone application made available by Simbl Pty Ltd ACN 655 880 612 through which Users which are companies and manufacturers of goods can acquire certain Products and Services including:
      1. data concerning the recycling of their products by Users;
      2. creating product labels;
      3. communicating their recycling requirements to their customers and Users of the Simbl App;
      4. rewarding Users or procuring Simbl to reward Users who recycle the company’s products through the Rewards Program, Simbl Prize Contests, and their own Third Party Prize Contests; and
      5. promoting the Simbl Platform, their own Third Party Prize Contests and Simbl Prize Contests.
    22. Simbl Platform means the online platform made available by Simbl Pty Ltd ACN 655 880 612 at the Simbl Website, the Simbl App, the Simbl Companies App, the Simbl School App, the Rewards Program and any associated services;
    23. Simbl Prize Contest means a prize contest or giveaway of SimBux, Products, or Services organized by Simbl and subject to the Simbl Prize Contest Rules.
    24. Simbl Prize Contest Rules means the terms, rules, and details of any Simbl Prize Contest published or communicated by Simbl from time to time on the Simbl Website, Simbl Platform, or any social media account of Simbl.
    25. Simbl Schools App means the mobile phone application made available by Simbl Pty Ltd ACN 655 880 612 through which Users which represent schools can teach recycling to students and for Users which represent schools to use related Products and Services including establishing school profiles and acquiring SimBux on behalf of schools to donate to environmental organizations;
    26. Simbl Website means the website located at https://simbl.com/ or the website located at such other URL that Simbl notifies the User of from time to time.
    27. SimBux means a digital asset known as ‘SimBux’ which are earned through the Rewards Program, Simbl Prize Contests, and Third Party Prize Contests which may be used to acquire certain Products or Services on the Simbl Platform.
    28. Specific Terms means, in respect of a Product or Service, any terms or details in respect of the acquisition of the Product or Service provided to the User prior to the User’s acquisition of the Product or Service on the Simbl Platform.
    29. Taxes means any taxes, rates, levies imposts, duties or other charges assessed or payable to any government authority and includes any additional taxes, interest, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.
    30. Terms means the terms and conditions contained in this document.
    31. Third Party Prize Contest means a prize contest or giveaway of SimBux, Products, or Services organized by a Third Party Provider through the Simbl Platform.
    32. Third Party Products means any product manufactured or supplied by a Third Party Provider and which can be acquired through the Simbl Platform.
    33. Third Party Provider means any third party that provides Products or Services through the Simbl Platform, including Users which provide Products or Services to other Users.
    34. Third Party Services means any services supplied by a Third Party Provider and which can be acquired through the Simbl Platform.
    35. User means the person or entity who registers with Simbl for a Simbl Account.
  2. Interpretation
    3. In these Terms, headings are inserted for convenience only and do not affect the interpretation of these Terms and, unless the context otherwise requires:
    1. the singular includes the plural and vice versa;
    2. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
    3. the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions;
    4. a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority or agency; and
    5. a reference to dollars or $ is to an amount in United States Dollar.
2. Simbl Account
  1. In order to make purchases of Products or Services via the Simbl Platform, the User acknowledges and agrees that they must first register for a Simbl Account and provide certain information (Customer Information) to Simbl or its third party contractors.
  2. By registering and providing the Customer Information, the User warrants that:
    1. the Customer Information that the User provides to Simbl is not false, misleading or fraudulent and does not infringe the intellectual property rights of any third party;
    2. the User will only provide current, accurate and up-to-date information and will advise Simbl if their details change; and
    3. the User will not impersonate any other person or use another person’s registration details.
  3. The User agrees that they are responsible and liable for all activity which occurs in respect of their Simbl Account (including purchases through the Simbl Platform through their Simbl Account), other than to the extent that unauthorised activity occurs due to Simbl breaching its obligations under these Terms or any wrongful act or omission of Simbl.
3. Authentication Credentials
  1. Provision of Authentication Credentials
    2. On request from the User from time to time, Simbl may provide the User with Authentication Credentials in order for the User to access the Simbl Platform.
  2. Obligations of the User
    3. The User must:
    1. ensure that each Authentication Credential is securely maintained, not disclosed to any other person and used only by the User;
    2. take and maintain appropriate protections and measures for the secure maintenance of Authentication Credentials;
    3. comply with any reasonable policies, guidelines or other requirements issued by Simbl from time to time regarding Authentication Credentials;
    4. promptly notify Simbl and take prompt steps to disable an issued Authentication Credential if an Authentication Credential is lost, stolen, missing or is otherwise compromised; and
    5. periodically reset Authentication Credentials as and to the extent reasonably required by Simbl from time to time.
  3. Management of Authentication Credentials
    4. Simbl reserves the right at any time and from time to time to change and/or revoke Authentication Credentials by providing the User with written notice, including to address security or other risks regarding Authentication Credentials, provided that Simbl will act reasonably in doing so.
4. Simbl Platform
  1. Changes to the Simbl Platform The User acknowledge that Simbl may vary the features, functions and other benefits available to the User in respect of the Simbl Platform from time to time, provided that Simbl will, where it is reasonably practicable to do so, provide reasonable prior notice to a User before making any changes to the Simbl Platform that would have a material adverse impact on the rights or benefits of the User under these Terms.
  2. Intellectual Property
    1. As between Simbl and the User, all Intellectual Property in the Simbl Platform, the Data and any modification, alteration, development, new use or other change to the Simbl Platform or Data is owned by Simbl.
    2. The User acknowledges that nothing in these Terms grants the User any ownership of or rights in respect of the Intellectual Property in the Simbl Platform, the Data or any modification, alteration, development, new use or other change to the Simbl Platform or Data.
5. Purchase of Products and Services through the Simbl Platform
  1. Availability of Products and Services
    1. Simbl may make available Products and Services for the User to acquire through the Simbl Platform from Simbl or a Third Party Provider.
    2. The User agrees that Simbl may, at any time in Simbl’s sole discretion, remove a Product or Service from the Simbl Platform.
  2. Acquisition of Products and Services
    1. Any Products or Services available through the Simbl Platform are provided for sale on the terms and conditions of these Terms and any Specific Terms.
    2. The price payable by the User for the Products and Services will be the price which Simbl notifies the User of prior to the User’s acquisition of the Product or Service (and which may be set out in the Simbl Platform) (Purchase Price).
    3. The User acknowledges and agrees that by submitting an Order the User makes an offer to Simbl for Simbl to supply it with the Products and Services on the terms and conditions of these Terms (Offer).
    4. An agreement for the acquisition and supply of a Product or Service the subject of an Offer will be formed between Simbl and the User upon Simbl confirming to the User that the Offer has been accepted (which may be communicated by a message on the Simbl Platform or by email).
    5. The agreement formed under clause 2(d) will comprise these Terms, the Order and any relevant Specific Terms.
    6. Simbl is not bound to accept any Offer and will notify the User if an Offer is not or cannot be accepted.
  3. Cancellation
    1. Simbl may cancel or suspend an agreement formed under clause 2(d) effective immediately upon providing the User with written notice of cancellation or suspension where:
      1. Simbl is not reasonably able to supply the relevant Products or Services; or
      2. any Payment Facility used by the User to pay for the Product or Service is declined or payment of the Purchase Price is otherwise unable to be processed through the Payment Facility,
      provided that if Simbl cancels the agreement under this clause 5.3 it will refund to the User any amounts already paid by the User for the Products or Services subject to the cancellation.
  4. Payment of Purchase Price
    1. The due date for payment by the User to Simbl of the Purchase Price for the Products or Services acquired through the Simbl Platform is at the time of placing the Order (Due Date).
    2. Simbl may debit the relevant Purchase Price from the Payment Facility at any time from the Due Date.
  5. Delivery of Products or Services
    1. Simbl will:
      1. deliver or provide any Products or Services supplied by Simbl and acquired by the User through the Simbl Platform; and
      2. use their reasonable endeavours to deliver or provide the Products or Services supplied by Simbl by any date specified or estimated by Simbl or set out in the Simbl Platform, however the User acknowledges that such dates are estimates only.
    2. It is the User’s obligation to ensure that the correct delivery address for a Product or Service supplied by Simbl is provided at the time the User places their Order for that Product or Service.
    3. If the User places an Order for multiple Products or Services supplied by Simbl, the User acknowledges that the Products may be delivered or provided by different persons and at different times.
  6. Title and Risk
    7. Subject to any Specific Terms:
    1. title to, and property in, any Products supplied by Simbl under these Terms remain with Simbl and will only pass to the User once all moneys owing by the User to Simbl in respect of the Product have been paid in full; and
    2. risk in the Products supplied by Simbl will pass to the User at the time the Products are delivered to the User.
  7. Use of Products and Services
    8. Subject to and without limiting clause 11, the User acknowledges and agrees that:
    1. Specific Terms may apply to the acquisition of a Product or Service and the User agrees to comply with such Specific Terms;
    2. any Third Party Providers and Simbl are not partners, joint venturers, representatives or agents of each other; and
    3. any dispute between the User and the Third Party Provider (for example in relation to the Product quality or Service delivery) should be resolved directly with the Third Party Provider.
6.Suspension of access to the Simbl Platform
  1. The User agrees that Simbl may suspend the User’s access to all or a part of the Simbl Platform where Simbl reasonably considers that the continued access to or use of the Simbl Platform would expose Simbl, the Simbl Platform or others to material risk. Where it is reasonably practicable to do so, Simbl will seek to provide prior notice to the User before exercising this suspension right.
  2. Without limiting its rights under clause 6(a), Simbl may terminate the User’s access to the Simbl Platform if:
    1. the User breaches any material provision of these Terms which is not capable of remedy;
    2. the User breaches any provision of these Terms which is capable of remedy and fails to remedy the breach within 14 days of being requested to do so; or
    3. the User has engaged in unlawful activity using its Simbl Account.
  3. The User can cease using the Simbl Platform at any time. The User can also have their Simbl Account suspended or deactivated by making a written request to Simbl.
7. SimBux
  1. Use of SimBux
    1. Users may receive, and have allocated to their Simbl Account, SimBux by providing recycling Services to other Users as part of the Rewards Program, subject to any terms and conditions notified by Simbl in respect of such acquisitions of SimBux prior to the User’s acquisition of those SimBux, including clause 3 and the Reward Rules.
    2. The User may use SimBux to acquire Products and Services via the Simbl Platform including procuring recycling Services from other Users.
    3. The User acknowledges that the Products and Services which are available for acquisition using SimBux:
      1. are at the discretion of Simbl;
      2. may be limited in stock; and
      3. may be offered only for a limited time.
    4. The provisions of these Terms, including clause 5, will apply to the acquisition of any Products or Services using SimBux.
    5. The number of SimBux that must be used to acquire a particular Product or Service are determined by Simbl and Simbl may from time to time change the number of SimBux required to acquire a Product or Service (but such change will not apply to orders you placed prior to the relevant change).
    6. The User is responsible for ensuring that they have sufficient SimBux in their Simbl Account to acquire any Products or Services using SimBux.
    7. Subject to clause 2, SimBux cannot be transferred to another person or converted to, or exchanged for, money.
  2. Transfer or exchange of SimBux
    If the SimBux are listed on a crypto-exchange the User may be able to:
    1. exchange any SimBux which they hold for of other crypto currencies; and
    2. exchange the SimBux for fiat money.
  3. Rewards Program and Simbl Prize Contests
    1. Subject to clause 3(b) and in addition to any acquisition of SimBux as contemplated under clause 7.1(a), the User will be entitled to receive, and have allocated to their Simbl Account as part of the Rewards Program SimBux and/or Enviros in the circumstances set out in the Reward Rules (Rewards Program).
    2. In addition to the Rewards Program, the User will be entitled to receive Services, Products, and have allocated to their Simbl Account SimBux as part of Simbl Prize Contests in the circumstances set out in the relevant Simbl Prize Contest Rules.
    3. To participate in the Rewards Program and Simbl Prize Contests the User must have an open and active (as determined by Simbl) Simbl Account.
    4. The number of SimBux and/or Enviros which a User may be entitled to be allocated under the Rewards Program is determined in accordance with the Reward Rules.
    5. The nature and number of Products and/or Services which a User may be entitled to receive, and/or the number of SimBux which a User may be entitled to be allocated under any Simbl Prize Contest is determined in accordance with the relevant Simbl Prize Contest Rules.
    6. Where Simbl makes a material change to the Reward Rules or any Simbl Prize Contest Rules, it will provide the User with reasonable prior notice of the change and any changes that would have an adverse impact on the User will not apply to redemptions, rewards, or prizes the User has already claimed.
    7. The User acknowledges and agrees that the value of SimBux and the rewards or other benefits that the User can claim using SimBux may fluctuate from time to time.
  4. General
    1. It may take up to 24 hours for SimBux to be allocated to a User’s Simbl Account.
    2. Simbl does not give any warranty or make any representation in relation to the underlying value of any SimBux.
    3. The User acknowledges that the acquisition of and transactions of SimBux is for the purposes of encouraging sustainable recycling practices among Users of the Simbl Platform and SimBux are not intended to be financial investments.
    4. The number of SimBux allocated to a User will be set out in the User’s Simbl Account and the User can check the balance of the SimBux in their Simbl Account by logging into their Simbl Account.
    5. The User is responsible for regularly checking their Simbl Account and should notify Simbl promptly of any omission, error or discrepancies with the number of SimBux in their Simbl Account.
    6. The User acknowledges and agrees that they are responsible for determining the tax implications of receiving and using SimBux and otherwise participating in the Rewards Program and it is the User’s responsibility to seek independent professional taxation advice in relation to the taxation effects arising from the SimBux and participation in the Rewards Program.
    7. The User acknowledges that Simbl does not provide Financial Product Advice and that the User is responsible for obtaining their own professional advice in relation to transactions on the Simbl Platform including the acquisition and transactions of SimBux.
8. User responsibilities and obligations
    The User must:
    1. comply with any Specific Terms and the Reward Rules;
    2. not use or permit its Simbl Account to be used in respect of any transaction which is illegal under the laws of any relevant jurisdiction;
    3. notify Simbl immediately if the User believes there has been any underpayment, overpayment or unauthorised or fraudulent transaction processed using the User’s Simbl Account;
    4. comply with all applicable laws, regulations and codes of conduct in respect of the use of the User’s Simbl Account, the Simbl Platform and the Rewards Program;
    5. not modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Simbl Platform; and
    6. not attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the Simbl Platform or any SimBux.
9. Consumer laws
  1. Consumer laws
    2. If the User is a Consumer (as defined in section 3 of the Australian Consumer Law) (Consumer) and Simbl supplies PDH Goods or Services to the User, Simbl acknowledges that the User may have certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) as they apply to the PDH Goods or Services supplied by Simbl and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of those rights.
  2. Limitation of liability
    1. If the User is a Consumer and any goods or services supplied by Simbl to the User are non PDH Goods or Services, Simbl’s liability to the User in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at Simbl’s discretion) to:
      1. in the case of goods:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired; and
      2. in the case of services:
        • the supplying the services again; or
        • the payment of the cost of having the services supplied again.
    2. For claims or liability other than for a breach of a Consumer Guarantee, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, the aggregate liability of a party to the other party in respect of the claim will not exceed:
      1. to the extent the claim relates to a Product or Service, the Purchase Price for the Product or Service; and
      2. to the extent the claim does not relate to a Product or Service $5,000.
  3. Consequential Loss
    4. Neither party will be liable for any Consequential Loss (however caused) suffered or incurred by the other party in connection with these Terms. This clause applies even if the party knew or ought to have known that the relevant Consequential Loss would be suffered.
10. Taxes
  1. Indirect Tax
    Unless expressly stated otherwise, all Purchase Prices and other amounts payable by the User under or in connection with these Terms have been calculated without regard to any Indirect Tax.
11. Privacy
    The User acknowledges and agrees that personal information (as that term is defined in the Privacy Act 1988 (Cth)) regarding the User may be collected, held, used and disclosed by Simbl for the purposes set out in Simbl’s privacy policy (which privacy policy is available on the Simbl Website or on request from Simbl). The User consents, to Simbl collecting, holding, using and disclosing any such personal information for all purposes specified in Simbl’s privacy policy.
12. General provisions
  1. Governing law These Terms will be governed by and construed and interpreted exclusively under the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and the Federal Court of Australia.
  2. Assignment Neither party may assign the benefit of, or otherwise create an interest in its rights under these Terms, unless it obtains the prior written consent of the other party.
  3. International conventions The United Nations Convention on the International Sale of Goods (the Vienna Convention) will not apply to these Terms or the subject matter hereof.
  4. Severability If any provision of these Terms is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.