Terms of Use Agreement

The following agreement describes the terms and conditions between you, Green Depots where you may return materials using the Xpress Drop Off program and the Multi-Materials Stewardship Board (“MMSB” and together with the Green Depots, “we” or “us”) related to the Xpress Drop Off program.

By activating an account with a Green Depot, you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records. This is a legal contract between you, the Green Depots and MMSB, and the terms and conditions of this agreement will govern the use of the account and are subject to amendment, as described below.

How Accounts Work

Each account has its own unique account number (typically a phone number) which can be accessed by name, phone number and/or email address; provided that when attempted to withdraw from the account the PIN will also be required. When you bring your beverage containers to a Green Depot, you will provide your account number either to Green Depot staff or you will enter it into a self-serve kiosk for Xpress Drop Off. In all instances, bar-coded labels are printed and placed on each of your recycling bags or boxes. These bar-coded labels are linked to your account. When your beverage containers are sorted and counted, the Green Depot will credit your account with the appropriate beverage container deposit refund and send you an email notification to let you know the transaction has been completed. This process should take a maximum of five (5) business days from the time of Drop Off.

The bar-coded labels are the link to your account. When printing, it is very important to ensure that you request the accurate number of labels that coincides with the number of recycling bags or boxes that you are returning. A label should be placed on each bag or box that you are returning. Your account will only be credited once all bar-coded labels have been accounted for and all material in the bags or boxes have been counted. If you print too many labels in error, please advise Green Depot staff.

You will not be credited for contaminated or non-acceptable containers. The counts of the beverage containers performed by the Green Depot are calculated by a computerized management information system and these counts are final. Upon request, the funds in your account will be paid out to you as instructed and previously arranged with your Green Depot. Persons or organizations returning used beverage containers agree to indemnify and save harmless the Green Depot against any claims or actions of any kind or manner resulting from the return of used beverage containers.

Redeeming the funds on your Account

Your funds can always be redeemed either in cash to a maximum cash amount set by your Green Depot, or by cheque subject to a minimum cheque amount set by your Green Depot. Each Green Depot is only required to refund amounts related to returns at its location. Your funds can also be redeemed as previously arranged with the Green Depot where you made returns for which refund is sought. You will have the option to redeem your funds by visiting the Xpress Payment counter at your Green Depot, or by requesting a cheque in the mail. Please check with your Green Depot for any specifics with regard to minimum cheque and/or maximum cash limits and types of payments offered.

Account Errors or Corrections

The Green Depot reserves the right to correct the balance of your account in the case of a clerical, accounting or other error. You should monitor your transactions and account balances closely.

Limitations on Liability for the Account

You agree that the refunds held on account for your returns at each Green Depot have been paid by MMSB to such Green Depot for remittance to you in accordance with the policies of such Green Depot as set forth above. Green Depots are entitled to change their policies at any time on notice to you. Your account earns no interest. In the event of any bankruptcy or insolvency of a Green Depot, your entitlement to payments on your account may be limited to those of an unsecured creditor unless the Green Depot has put a trust account in place for your benefit. You are responsible for all transactions associated with your account, including unauthorized transactions. Please monitor your account and contact your Green Depot accordingly.

MMSB has no direct liability to account holders under the Xpress Drop-off program. Except in the case of personal injury, fraud, wilful misconduct or gross negligence, by MMSB, MMSB will not, in connection with the Xpress Drop-off program, be liable for any direct, indirect, special, consequential or punitive damages, even if it has been advised of the possibility thereof.

Each Green Depot’s total liability under the Xpress Drop-off program is limited to the total refund owed for recyclable materials returned to such Green Depot in accordance with the Xpress Drop-off program for which a payment or authorized transfer has not yet been issued. Pursuant to the policies of each Green Depot, a cheque may be automatically issued to an account holder when the amount on account reaches or exceeds a threshold or some time limit is reached. Except in the case of personal injury, fraud, wilful misconduct or gross negligence, by a Green Depot, such Green Depot will not, in connection with the Xpress Drop-off program, be liable for any direct damages in excess of the limits set forth above and will not be liable for any indirect, special, consequential or punitive damages, even if it has been advised of the possibility thereof.

Privacy Statement

For information on how we collect, use and disclose information concerning your account, please refer to our Privacy Policy for the beverage container recycling program available at www.greendepots.nl.ca. The Privacy Policy for the beverage container recycling program forms part of these Terms and Conditions.

Amendments to this Agreement

The terms or conditions of this agreement may be amended by MMSB at any time, including any rights or obligations you or we may have. Any amendments will be posted on the website at www.greendepots.nl.ca and communicated to you using the email address that you have provided at registration (unless you did not supply an email address or have unsubscribed to email communications from MMSB). As permitted by applicable law, any amendment will become effective at the time the amendment is issued. Unless we state otherwise, the amendment will apply to your future and existing account. If you do not accept the amendment, upon written request, your account can be cancelled and any amounts owing will be paid out to you as you instruct.

Governing Law

This agreement is and shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador, Canada, notwithstanding any conflict of law rules.