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The Green Waste Club

Terms & Conditions for Arun Garden Waste Club Services

Arun District Council (the "Council") operates a chargeable collection service for garden waste known as the Arun Garden Waste Club. These terms and conditions ("T&C's") explain how the Council provides the Services to you. By signing up for the Services, you agree to these T&Cs, which apply exclusively and override any other terms unless agreed in writing by the Council.

In these T&Cs “us” and “we” means the Council and “you” means the subscriber to the Services.

1. Definitions and Interpretation

1. In these T&Cs:
1. "Acceptable Waste" has the meaning given in clause 9.1;
2. "Bin" means a 240 litre wheelie bin provided for collection of Approved Waste;
3. "Collection" means a collection of the Bin(s) by the Sub-Contractor;
4. "Collection Conditions" means the conditions necessary to enable us to provide the Services as set out in clause 6.3;
5. "Collection Date(s)" means the scheduled dates for each Collection as published on the Council's website;
6. "Contract" means the agreement between you and us for the provision of the Services, which is subject to these T&Cs and includes the information you provided when signing up for the Services, together with any operational details we publish from time to time (such as Collection Dates and service updates);
7. "Offer" has the meaning given in clause 2.1;
8. "Relevant Event" means any act or event beyond the Council and/or Sub-Contractor’s reasonable control, including without limitation: strikes or other industrial action; riot; terrorist attack; war; fire; explosion; storm; flood; earthquake; subsidence; pandemic; adverse weather; extreme weather or other natural disaster; power failure; internet service provider failure; technological failure; breakdown in machinery or collection vehicles;
9. "Services" means the collection services for garden waste as described in these T&Cs, including provision of the Bin(s) for the Term and Collections (any reference to the Services will be deemed to be a reference to the relevant part of the Services where applicable);
10. "Services Fee" means the fee you pay for the Services in the amount detailed on our website at the time that you sign up for the Services;
11. "Sub-Contractor" means Biffa Municipal Limited (company number: 04321212);
12. "Term" has the meaning given in clause 4.3; and
13. "Unacceptable Waste" has the meaning given in clause 9.2.
2. When we use the words "writing" or "written" in these terms, this includes email.
3. When we use the words “including” or “includes”, this means “including but not limited to”.
4. A reference to these T&Cs or the Contract means these T&Cs or the Contract as updated from time to time.
5. Headings used in these T&Cs are for convenience only and do not affect the interpretation of these T&Cs.
6. Any reference in these T&Cs to the Council performing the Services, shall be deemed to be a reference to the Sub-Contractor performing the relevant part of the Services on our behalf where appropriate.

1. Our contract with you 
1. When you sign up for the Services on the Sub-Contractor’s website or via telephone (using the Sub-Contractor's telephone details provided below at clause 17) this constitutes an offer by you (the "Offer") to enter into the Contract.
2. Subject to clause 2.3, your Offer will be accepted, and a Contract will come into existence between you and us, upon the earlier of the Sub-Contractor:
1. sending you information confirming your subscription to the Services; or
2. taking any action consistent with performance of the Services, such as delivering a Bin to your property.
3. Acceptance of your Offer (and formation of the Contract) will be conditional upon you making any initial payment for the Services that is required at the time of your subscription. Whether an initial payment is required will depend on the method you use to sign up (for example, online or by telephone) and the payment plan you select (for example, annual or monthly).
4. If we are unable to accept your Offer, you will be informed of this in writing or by telephone and you will not be charged for the Services.  
2. About the Service
1. The Council is responsible for the Services but has subcontracted the day-to-day operation of elements of the Services (including subscription and collection services) to the Sub-Contractor. The Council oversees the Contract and customer service.
2. The Services are for residential properties in the Arun District only. If the Council is of the opinion that you will be using the Bin(s) for a commercial purpose, we will cancel your Contract, and we will cease provision of the Services.
3. These T&Cs are the only ones that apply to the Services, unless the Council agrees otherwise in writing.
3. CONTRACT Commencement and Duration
1. We will inform you of the start date of your Contract after you sign up for the Services on the Sub-Contractor’s website or via telephone.
2. A Bin will be delivered to your property within a reasonable period after the start of this Contract. The Sub-Contractor will aim to deliver Bins within 12 working days, although this timeframe is not guaranteed. All Bins remain the property of the Council, and you must take reasonable care of them. We reserve the right to supply refurbished Bins where appropriate.
3. The duration of your Contract is 12 months (the "Term"), unless terminated earlier in accordance with these T&Cs.
4. Contract renewal
1. If you pay by Direct Debit, your Contract will automatically renew for another 12 months (forming a new Contract) upon expiry of the Term, unless you tell the Sub-Contractor in writing at least 14 days before expiry that you do not wish for the Contract to renew by emailing the Sub-Contractor at gwc@biffa.co.uk or by completing an online cancellation request on the Sub-Contractor's website.
2. The Sub-Contractor will send you a written reminder at least 30 days before your Contract is due to expire. This will set out the terms of your Contract renewal (including any price adjustments).
3. If you pay by credit or debit card, your Contract will not automatically renew and you will need to manually renew your Contract via the Sub-Contractor’s website or by contacting the Sub-Contractor using the details below in clause 17. 
4. Upon expiry of your Contract, the Sub-Contractor will collect the Bin(s). We will charge £12.00 for the removal of each Bin.
5. Providing the Service
1. Collections will occur every two weeks on a specified Collection Date. We will endeavour to provide the Services on the specified Collection Dates but reserve the right to change the Collection Dates. If we change your Collection Dates, we will notify you of this in writing.
2. The Services will be carried out by the Sub-Contractor between Monday and Friday, including public bank holidays, save for during the Christmas and New Year period when the Collections will be suspended for a two-week period. This suspension has been factored into the annual Services Fee and no refund will be provided for this period. Details of this suspension will be advertised on our website.
3. Collections will only be carried out if:
1. you have complied with your obligations under clause 8.1; and
2. the Sub-Contractor's staff are able to move and lift the Bins safely

(together the "Collection Conditions").

1. The Sub-Contractor's drivers will make the final decision as to whether the Collection Conditions have been satisfied and the Bins can be moved safely. If we cannot provide the Services because the Collection Conditions have not been complied with, you will still be charged.
2. During cold weather the contents of Bin(s) may freeze, meaning it may not be possible to fully empty the Bin without damaging it. In these circumstances the remaining garden waste will be collected on the next scheduled Collection Date.
1. Missed Collections
1. If the Services are not performed on the Collection Date, other than due to the Collection Conditions not being satisfied (or where the Services have been suspended in accordance with clause 10) (a Missed Collection) you must report the Missed Collection to the Council no later than 5pm on the next working day after the Missed Collection to enable us to resolve any Collection issues. Following your notification of a Missed Collection:
1. we will investigate the issue and discuss with the Sub-Contractor; and
2. if we determine that a Missed Collection has occurred, we will arrange a replacement Collection within 3 working days.
2. If a Missed Collection is not notified to us within the period stated in clause 7.1, we will not be able to provide a replacement Collection. Instead, the Services will be provided on the next scheduled Collection Services date. No refunds will be provided under these circumstances.
2. YOUR RESPONSIBILITIES
1. You must:
1. only put Acceptable Waste in the bin;
2. not put Unacceptable Waste in the bin;
3. ensure that all Acceptable Waste placed in a Bin is loose and not contained in a bag; 
4. place your bin at the designated collection point (in accordance with clause 8.2) by 7:00 am on your collection day;
5. ensure that Bins are not overflowing and that the lid is closed; and
6. not pack Bins so densely that the Bin cannot be emptied.
2. It is your responsibility to ensure that Bin(s) are put out for Collection on the boundary to the front of your property (or at the location agreed between us and you) in a clearly visible location, prior to 7.00 am on your scheduled Collection Dates unless alternative arrangements have been agreed by us. If you have an assisted waste collection, please inform us and the Sub-Contractor will collect and return the Bin to its storage location.
3. There will be no return visit for aborted collections due to access not being made available by you, or for Bin(s) being placed out later than 7.00 am on the day of collection unless alternative arrangements have been agreed by us.
4. You must not permanently mark or paint a Bin. You are responsible for any loss, damage, or theft of the Bin unless it is caused by the Sub-Contractor.
5. We reserve the right to charge you £25 if a Bin is damaged, lost, stolen or permanently marked or painted. Such fee shall not apply to damage caused by the Sub-Contractor whilst providing the Service and reasonable wear and tear.  
6. You must remove your Bin(s) from the collection point as soon as possible after Collection and it is your responsibility to safely store your Bin(s) on your property between Collections.
3. WHAT CAN AND CANNOT GO IN THE BIN
1. You can put the following in your Bin:
1. compostable waste: waste that is suitable for open window composting including: plant stems; leaves and stalks (all such waste must be free from any other form of contamination (e.g., synthetic twine)); and
2. green waste: botanical waste consisting of grass cuttings; hedge clippings; leaves (excluding street sweepings); dead plant material and roots 

(together "Acceptable Waste").

1. You may not put anything other than Acceptable Waste in your Bin, including (without limitation): food and kitchen waste; fallen fruit; stones; concrete; turf; non-compostable items; and animal waste ("Unacceptable Waste").
2. The Sub-Contractor will not collect your Bin if it contains Unacceptable Waste. It is your responsibility to remove the Unacceptable Waste before your next Collection Date. 
1. Suspension of Services
1. The Council may suspend the Services (in whole or in part) if:
1. it is necessary to carry out planned maintenance or updates to comply with changes in law or regulatory requirements;
2. a Relevant Event occurs which prevents or materially hinders the Council from performing the Services;
3. you damage a Bin or otherwise materially breach any provision of these T&Cs; or
4. you fail to make payment in accordance with these T&Cs and such payment remains outstanding for 14 days after the due date.
2. Where reasonably practicable, we will give you prior notice of any suspension, explaining the reason and expected duration. If prior notice is not possible due to urgency or emergency, notice will be given as soon as reasonably practicable.
3. Suspension in accordance with clause 10.1 shall not constitute a breach of this Contract by the Council. We will take reasonable steps to minimise the impact of any suspension.
4. If the Services are suspended for more than four (4) consecutive weeks (other than due to your breach of these T&Cs or non-payment), we will adjust the Services Fee so that you do not pay for the period of suspension.
5. If the Services are suspended for more than six (6) consecutive weeks (other than due to your breach of these T&Cs or non-payment), you may terminate the Contract by written notice to us at the email address below. Upon termination, the Council (through the Sub-Contractor) will refund any charges paid in advance for Services not provided after termination.
6. If we suspend the Services due to your non-payment:
1. if you fail to pay within 28 days after suspension, we may terminate this Contract without refund of any charges already paid; and
2. we may remove the Bin(s) for a charge of £12 per Bin.
7. We will not suspend the Services where you have genuine and reasonable grounds to dispute an unpaid sum and have notified us of the same in writing.
8. No refunds will be provided where the Services are suspended, save in accordance with clauses 10.4 and 10.5.
2. changes during the contract term
1. You have the right to request additional Bins during the Term. If the Council can accommodate your request, the Sub-Contractor will confirm this in writing and will let you know about any changes required to the Services. If you wish to proceed, the Council will deliver additional Bins at a cost of £25 per Bin.
2. If you have multiple Bins, the annual Services Fee will be applied on a per bin basis.
3. If you are moving house within the Arun District, the Service may be transferred to your new property. The Bin from your old property will need to be transported by you. It is your responsibility to also inform the Sub-Contractor of the change of address in writing. This must be done 14 days before your moving date. 
4. If you move out of the Arun District during the period of your Contract, we will not provide a refund for the unused months. It is your responsibility to inform the Sub-Contractor so that the Bin can be collected. We reserve the right to charge you £25.00 per Bin not returned to us.
5. The Council reserves the right to vary these T&Cs at any time by giving reasonable notice.
3. PAYMENT
1. You will pay the Services Fee annually or monthly, based on the option you selected when signing up for the Services.
2. We accept payment by Direct Debit or credit or debit card. We do not accept payment by cash, postal order or cheque. If you pay monthly and would like to alter your payment method during the Term, please contact the Sub-Contractor.
3. We may amend the annual Services Fee on 1 February each year. We will aim to give you at least 30 days’ prior written notice of any change. If we do not provide such notice within the required timeframe, the revised Services Fee will still apply from the date specified in the notice, provided that the notice is given as soon as reasonably practicable and before the amendment to the Services Fee takes effect.
4. LIMITATION OF LIABILITY
1. We are responsible only for direct losses you suffer as a result of our negligence or breach of these T&Cs. We are not responsible for any indirect or consequential losses.
2. The Sub-Contractor carries out the Services on our behalf. We remain responsible for ensuring the Services are provided with reasonable care and skill. However, we are not responsible for any failure or delay by the Sub-Contractor unless it results from our own negligence or failure to exercise reasonable oversight.
3. We are not responsible for delays or failures caused by events outside our control, such as extreme weather, strikes, or other unforeseen events.
4. Nothing in these T&Cs excludes or limits our liability where it would be unlawful to do so.
5. Except as set out in clause 13.4, our total liability to you under and in connection with these T&Cs is limited to the Services Fee paid or payable by you for the Services.
5. Your rights to end the contract 
1. You have the right to cancel this Contract at any time before the earlier of:
1. 14 days from the day you subscribe on our website or over the telephone; and
2. the date of the first Collection.

If you cancel within this cancellation period you will receive a refund for the Services Fee you have paid (including the costs of the Bin), save that, we may deduct from any refund an amount for Services already supplied (i.e. any Collections made in the period before cancellation and a Bin removal fee). 

1. You can end your Contract with us during the Term by notifying us that you would like to terminate the Contract. Upon termination of the Contract you will remain liable to pay the Services Fee up until the end of the Term unless you are terminating because the Services have been suspended for more than 6 weeks in accordance with clause 10.5.
2. To terminate the Contract, please contact the Sub-Contractor on 0800 0858 286 or by emailing gwc@biffa.co.uk or visit the GWC website https://www.greenwasteclub.co.uk to complete and send the cancellation form. You may also terminate the contract via your online account. When terminating, please provide your name, home address, Subscriber ID reference and, where available, your phone number and email address. 
3. If you are due a refund, we will refund you the relevant amount by the method you used for payment. We will make any refunds due to you as soon as possible.
1. Our rights to end the contract 
1. We may terminate the Contract immediately on notice and cancel further provision of the Services at any time if you materially or persistently breach these T&Cs.
2. We may also terminate the contract with you on a no-fault basis by giving you at least 30 days’ notice, in which case, if you have pre-paid for the Services, you will receive a refund of the amount pre-paid by you for the Services that you will not receive.  
2. DATA PROTECTION
1. The Council will handle your personal data in line with UK GDPR. Biffa acts as a data processor on behalf of the Council.
2. We will use the personal information you provide to: 
1. supply the Services to you; 
2. process your payment for the Services; and
3. if you agreed to this during the order process, to give you information about similar services that we provide, but you can choose to stop receiving this at any time by contacting us. 
3. We will only give your personal information to third parties where the law either requires or allows us to do so.  
3. Contact Information and COMPLAINTS
1. Missed Collections and non-subscription based complaints should be reported to the Council in accordance with clause 7. You can contact the Council by telephoning our customer service team at 01903 737500 or emailing us at cleansing@arun.gov.uk.
2. Subscription related complaints relating to the Services should be addressed to the Sub-Contractor in the first instance. You can contact the Sub-Contractor by telephone on 0800 0858 286 or by email at gwc@biffa.co.uk.
3. If your complaint is not resolved satisfactorily you may escalate it to the Council’s Information Management team at infomanagement@arun.gov.uk so it can be handled in accordance with the Council’s corporate complaints policy Compliments and complaints | Arun District Council
4. If we need to contact you, we will do so by telephone or by email using the contact details you provided with your order.
4. GOVERNING LAW

These Terms are governed by English law, and any disputes will be handled by the English courts.

1. Other important terms 
1. This Contract forms the entire agreement between you and the Council.
2. We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 
3. You need our consent to transfer this Contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this. We will not unreasonably withhold our consent to transfer if you are moving house. 
4. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contract whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
5. If any provision of these T&Cs is found to be invalid or unenforceable it shall be deemed deleted from these T&Cs and the rest of the T&Cs will continue to apply. 
6. Even if we delay in enforcing this Contract, we can still enforce it at a later date. 
7. The Council shall be free to sub-contract the provision of the Service (or any part thereof).

 

 

Terms & Conditions for Arun Garden Waste Club Services

Arun District Council (the "Council") operates a chargeable collection service for garden waste known as the Arun Garden Waste Club. These terms and conditions ("T&C's") explain how the Council provides the Services to you. By signing up for the Services, you agree to these T&Cs, which apply exclusively and override any other terms unless agreed in writing by the Council.

 

In these T&Cs “us” and “we” means the Council and “you” means the subscriber to the Services.

1. Definitions and Interpretation

1. In these T&Cs:
1. "Acceptable Waste" has the meaning given in clause 9.1;
2. "Bin" means a 240 litre wheelie bin provided for collection of Approved Waste;
3. "Collection" means a collection of the Bin(s) by the Sub-Contractor;
4. "Collection Conditions" means the conditions necessary to enable us to provide the Services as set out in clause 6.3;
5. "Collection Date(s)" means the scheduled dates for each Collection as published on the Council's website;
6. "Contract" means the agreement between you and us for the provision of the Services, which is subject to these T&Cs and includes the information you provided when signing up for the Services, together with any operational details we publish from time to time (such as Collection Dates and service updates);
7. "Offer" has the meaning given in clause 2.1;
8. "Relevant Event" means any act or event beyond the Council and/or Sub-Contractor’s reasonable control, including without limitation: strikes or other industrial action; riot; terrorist attack; war; fire; explosion; storm; flood; earthquake; subsidence; pandemic; adverse weather; extreme weather or other natural disaster; power failure; internet service provider failure; technological failure; breakdown in machinery or collection vehicles;
9. "Services" means the collection services for garden waste as described in these T&Cs, including provision of the Bin(s) for the Term and Collections (any reference to the Services will be deemed to be a reference to the relevant part of the Services where applicable);
10. "Services Fee" means the fee you pay for the Services in the amount detailed on our website at the time that you sign up for the Services;
11. "Sub-Contractor" means Biffa Municipal Limited (company number: 04321212);
12. "Term" has the meaning given in clause 4.3; and
13. "Unacceptable Waste" has the meaning given in clause 9.2.
2. When we use the words "writing" or "written" in these terms, this includes email.
3. When we use the words “including” or “includes”, this means “including but not limited to”.
4. A reference to these T&Cs or the Contract means these T&Cs or the Contract as updated from time to time.
5. Headings used in these T&Cs are for convenience only and do not affect the interpretation of these T&Cs.
6. Any reference in these T&Cs to the Council performing the Services, shall be deemed to be a reference to the Sub-Contractor performing the relevant part of the Services on our behalf where appropriate.

1. Our contract with you 
1. When you sign up for the Services on the Sub-Contractor’s website or via telephone (using the Sub-Contractor's telephone details provided below at clause 17) this constitutes an offer by you (the "Offer") to enter into the Contract.
2. Subject to clause 2.3, your Offer will be accepted, and a Contract will come into existence between you and us, upon the earlier of the Sub-Contractor:
1. sending you information confirming your subscription to the Services; or
2. taking any action consistent with performance of the Services, such as delivering a Bin to your property.
3. Acceptance of your Offer (and formation of the Contract) will be conditional upon you making any initial payment for the Services that is required at the time of your subscription. Whether an initial payment is required will depend on the method you use to sign up (for example, online or by telephone) and the payment plan you select (for example, annual or monthly).
4. If we are unable to accept your Offer, you will be informed of this in writing or by telephone and you will not be charged for the Services.  
2. About the Service
1. The Council is responsible for the Services but has subcontracted the day-to-day operation of elements of the Services (including subscription and collection services) to the Sub-Contractor. The Council oversees the Contract and customer service.
2. The Services are for residential properties in the Arun District only. If the Council is of the opinion that you will be using the Bin(s) for a commercial purpose, we will cancel your Contract, and we will cease provision of the Services.
3. These T&Cs are the only ones that apply to the Services, unless the Council agrees otherwise in writing.
3. CONTRACT Commencement and Duration
1. We will inform you of the start date of your Contract after you sign up for the Services on the Sub-Contractor’s website or via telephone.
2. A Bin will be delivered to your property within a reasonable period after the start of this Contract. The Sub-Contractor will aim to deliver Bins within 12 working days, although this timeframe is not guaranteed. All Bins remain the property of the Council, and you must take reasonable care of them. We reserve the right to supply refurbished Bins where appropriate.
3. The duration of your Contract is 12 months (the "Term"), unless terminated earlier in accordance with these T&Cs.
4. Contract renewal
1. If you pay by Direct Debit, your Contract will automatically renew for another 12 months (forming a new Contract) upon expiry of the Term, unless you tell the Sub-Contractor in writing at least 14 days before expiry that you do not wish for the Contract to renew by emailing the Sub-Contractor at gwc@biffa.co.uk or by completing an online cancellation request on the Sub-Contractor's website.
2. The Sub-Contractor will send you a written reminder at least 30 days before your Contract is due to expire. This will set out the terms of your Contract renewal (including any price adjustments).
3. If you pay by credit or debit card, your Contract will not automatically renew and you will need to manually renew your Contract via the Sub-Contractor’s website or by contacting the Sub-Contractor using the details below in clause 17. 
4. Upon expiry of your Contract, the Sub-Contractor will collect the Bin(s). We will charge £12.00 for the removal of each Bin.
5. Providing the Service
1. Collections will occur every two weeks on a specified Collection Date. We will endeavour to provide the Services on the specified Collection Dates but reserve the right to change the Collection Dates. If we change your Collection Dates, we will notify you of this in writing.
2. The Services will be carried out by the Sub-Contractor between Monday and Friday, including public bank holidays, save for during the Christmas and New Year period when the Collections will be suspended for a two-week period. This suspension has been factored into the annual Services Fee and no refund will be provided for this period. Details of this suspension will be advertised on our website.
3. Collections will only be carried out if:
1. you have complied with your obligations under clause 8.1; and
2. the Sub-Contractor's staff are able to move and lift the Bins safely

(together the "Collection Conditions").

1. The Sub-Contractor's drivers will make the final decision as to whether the Collection Conditions have been satisfied and the Bins can be moved safely. If we cannot provide the Services because the Collection Conditions have not been complied with, you will still be charged.
2. During cold weather the contents of Bin(s) may freeze, meaning it may not be possible to fully empty the Bin without damaging it. In these circumstances the remaining garden waste will be collected on the next scheduled Collection Date.
1. Missed Collections
1. If the Services are not performed on the Collection Date, other than due to the Collection Conditions not being satisfied (or where the Services have been suspended in accordance with clause 10) (a Missed Collection) you must report the Missed Collection to the Council no later than 5pm on the next working day after the Missed Collection to enable us to resolve any Collection issues. Following your notification of a Missed Collection:
1. we will investigate the issue and discuss with the Sub-Contractor; and
2. if we determine that a Missed Collection has occurred, we will arrange a replacement Collection within 3 working days.
2. If a Missed Collection is not notified to us within the period stated in clause 7.1, we will not be able to provide a replacement Collection. Instead, the Services will be provided on the next scheduled Collection Services date. No refunds will be provided under these circumstances.
2. YOUR RESPONSIBILITIES
1. You must:
1. only put Acceptable Waste in the bin;
2. not put Unacceptable Waste in the bin;
3. ensure that all Acceptable Waste placed in a Bin is loose and not contained in a bag; 
4. place your bin at the designated collection point (in accordance with clause 8.2) by 7:00 am on your collection day;
5. ensure that Bins are not overflowing and that the lid is closed; and
6. not pack Bins so densely that the Bin cannot be emptied.
2. It is your responsibility to ensure that Bin(s) are put out for Collection on the boundary to the front of your property (or at the location agreed between us and you) in a clearly visible location, prior to 7.00 am on your scheduled Collection Dates unless alternative arrangements have been agreed by us. If you have an assisted waste collection, please inform us and the Sub-Contractor will collect and return the Bin to its storage location.
3. There will be no return visit for aborted collections due to access not being made available by you, or for Bin(s) being placed out later than 7.00 am on the day of collection unless alternative arrangements have been agreed by us.
4. You must not permanently mark or paint a Bin. You are responsible for any loss, damage, or theft of the Bin unless it is caused by the Sub-Contractor.
5. We reserve the right to charge you £25 if a Bin is damaged, lost, stolen or permanently marked or painted. Such fee shall not apply to damage caused by the Sub-Contractor whilst providing the Service and reasonable wear and tear.  
6. You must remove your Bin(s) from the collection point as soon as possible after Collection and it is your responsibility to safely store your Bin(s) on your property between Collections.
3. WHAT CAN AND CANNOT GO IN THE BIN
1. You can put the following in your Bin:
1. compostable waste: waste that is suitable for open window composting including: plant stems; leaves and stalks (all such waste must be free from any other form of contamination (e.g., synthetic twine)); and
2. green waste: botanical waste consisting of grass cuttings; hedge clippings; leaves (excluding street sweepings); dead plant material and roots 

(together "Acceptable Waste").

1. You may not put anything other than Acceptable Waste in your Bin, including (without limitation): food and kitchen waste; fallen fruit; stones; concrete; turf; non-compostable items; and animal waste ("Unacceptable Waste").
2. The Sub-Contractor will not collect your Bin if it contains Unacceptable Waste. It is your responsibility to remove the Unacceptable Waste before your next Collection Date. 
1. Suspension of Services
1. The Council may suspend the Services (in whole or in part) if:
1. it is necessary to carry out planned maintenance or updates to comply with changes in law or regulatory requirements;
2. a Relevant Event occurs which prevents or materially hinders the Council from performing the Services;
3. you damage a Bin or otherwise materially breach any provision of these T&Cs; or
4. you fail to make payment in accordance with these T&Cs and such payment remains outstanding for 14 days after the due date.
2. Where reasonably practicable, we will give you prior notice of any suspension, explaining the reason and expected duration. If prior notice is not possible due to urgency or emergency, notice will be given as soon as reasonably practicable.
3. Suspension in accordance with clause 10.1 shall not constitute a breach of this Contract by the Council. We will take reasonable steps to minimise the impact of any suspension.
4. If the Services are suspended for more than four (4) consecutive weeks (other than due to your breach of these T&Cs or non-payment), we will adjust the Services Fee so that you do not pay for the period of suspension.
5. If the Services are suspended for more than six (6) consecutive weeks (other than due to your breach of these T&Cs or non-payment), you may terminate the Contract by written notice to us at the email address below. Upon termination, the Council (through the Sub-Contractor) will refund any charges paid in advance for Services not provided after termination.
6. If we suspend the Services due to your non-payment:
1. if you fail to pay within 28 days after suspension, we may terminate this Contract without refund of any charges already paid; and
2. we may remove the Bin(s) for a charge of £12 per Bin.
7. We will not suspend the Services where you have genuine and reasonable grounds to dispute an unpaid sum and have notified us of the same in writing.
8. No refunds will be provided where the Services are suspended, save in accordance with clauses 10.4 and 10.5.
2. changes during the contract term
1. You have the right to request additional Bins during the Term. If the Council can accommodate your request, the Sub-Contractor will confirm this in writing and will let you know about any changes required to the Services. If you wish to proceed, the Council will deliver additional Bins at a cost of £25 per Bin.
2. If you have multiple Bins, the annual Services Fee will be applied on a per bin basis.
3. If you are moving house within the Arun District, the Service may be transferred to your new property. The Bin from your old property will need to be transported by you. It is your responsibility to also inform the Sub-Contractor of the change of address in writing. This must be done 14 days before your moving date. 
4. If you move out of the Arun District during the period of your Contract, we will not provide a refund for the unused months. It is your responsibility to inform the Sub-Contractor so that the Bin can be collected. We reserve the right to charge you £25.00 per Bin not returned to us.
5. The Council reserves the right to vary these T&Cs at any time by giving reasonable notice.
3. PAYMENT
1. You will pay the Services Fee annually or monthly, based on the option you selected when signing up for the Services.
2. We accept payment by Direct Debit or credit or debit card. We do not accept payment by cash, postal order or cheque. If you pay monthly and would like to alter your payment method during the Term, please contact the Sub-Contractor.
3. We may amend the annual Services Fee on 1 February each year. We will aim to give you at least 30 days’ prior written notice of any change. If we do not provide such notice within the required timeframe, the revised Services Fee will still apply from the date specified in the notice, provided that the notice is given as soon as reasonably practicable and before the amendment to the Services Fee takes effect.
4. LIMITATION OF LIABILITY
1. We are responsible only for direct losses you suffer as a result of our negligence or breach of these T&Cs. We are not responsible for any indirect or consequential losses.
2. The Sub-Contractor carries out the Services on our behalf. We remain responsible for ensuring the Services are provided with reasonable care and skill. However, we are not responsible for any failure or delay by the Sub-Contractor unless it results from our own negligence or failure to exercise reasonable oversight.
3. We are not responsible for delays or failures caused by events outside our control, such as extreme weather, strikes, or other unforeseen events.
4. Nothing in these T&Cs excludes or limits our liability where it would be unlawful to do so.
5. Except as set out in clause 13.4, our total liability to you under and in connection with these T&Cs is limited to the Services Fee paid or payable by you for the Services.
5. Your rights to end the contract 
1. You have the right to cancel this Contract at any time before the earlier of:
1. 14 days from the day you subscribe on our website or over the telephone; and
2. the date of the first Collection.

If you cancel within this cancellation period you will receive a refund for the Services Fee you have paid (including the costs of the Bin), save that, we may deduct from any refund an amount for Services already supplied (i.e. any Collections made in the period before cancellation and a Bin removal fee). 

1. You can end your Contract with us during the Term by notifying us that you would like to terminate the Contract. Upon termination of the Contract you will remain liable to pay the Services Fee up until the end of the Term unless you are terminating because the Services have been suspended for more than 6 weeks in accordance with clause 10.5.
2. To terminate the Contract, please contact the Sub-Contractor on 0800 0858 286 or by emailing gwc@biffa.co.uk or visit the GWC website https://www.greenwasteclub.co.uk to complete and send the cancellation form. You may also terminate the contract via your online account. When terminating, please provide your name, home address, Subscriber ID reference and, where available, your phone number and email address. 
3. If you are due a refund, we will refund you the relevant amount by the method you used for payment. We will make any refunds due to you as soon as possible.
1. Our rights to end the contract 
1. We may terminate the Contract immediately on notice and cancel further provision of the Services at any time if you materially or persistently breach these T&Cs.
2. We may also terminate the contract with you on a no-fault basis by giving you at least 30 days’ notice, in which case, if you have pre-paid for the Services, you will receive a refund of the amount pre-paid by you for the Services that you will not receive.  
2. DATA PROTECTION
1. The Council will handle your personal data in line with UK GDPR. Biffa acts as a data processor on behalf of the Council.
2. We will use the personal information you provide to: 
1. supply the Services to you; 
2. process your payment for the Services; and
3. if you agreed to this during the order process, to give you information about similar services that we provide, but you can choose to stop receiving this at any time by contacting us. 
3. We will only give your personal information to third parties where the law either requires or allows us to do so.  
3. Contact Information and COMPLAINTS
1. Missed Collections and non-subscription based complaints should be reported to the Council in accordance with clause 7. You can contact the Council by telephoning our customer service team at 01903 737500 or emailing us at cleansing@arun.gov.uk.
2. Subscription related complaints relating to the Services should be addressed to the Sub-Contractor in the first instance. You can contact the Sub-Contractor by telephone on 0800 0858 286 or by email at gwc@biffa.co.uk.
3. If your complaint is not resolved satisfactorily you may escalate it to the Council’s Information Management team at infomanagement@arun.gov.uk so it can be handled in accordance with the Council’s corporate complaints policy Compliments and complaints | Arun District Council
4. If we need to contact you, we will do so by telephone or by email using the contact details you provided with your order.
4. GOVERNING LAW

These Terms are governed by English law, and any disputes will be handled by the English courts.

1. Other important terms 
1. This Contract forms the entire agreement between you and the Council.
2. We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 
3. You need our consent to transfer this Contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this. We will not unreasonably withhold our consent to transfer if you are moving house. 
4. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contract whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
5. If any provision of these T&Cs is found to be invalid or unenforceable it shall be deemed deleted from these T&Cs and the rest of the T&Cs will continue to apply. 
6. Even if we delay in enforcing this Contract, we can still enforce it at a later date. 
7. The Council shall be free to sub-contract the provision of the Service (or any part thereof).

 

 

Downloadable Forms

Cancellation Form - Download 

 

Bereavement Notification Form - Download 

 

Direct Debit Mandate - Download 

 

Garden Waste Factsheet - Download 

 

Tandridge Garden Waste Factsheet - Download 

 

Tandridge Direct Debit Mandate - Download 

Launched in 2005, the Green Waste Club now has over 65,000 customers across four regions:

• Arun
• Herefordshire
• Melton 
• Tandridge

The Green Waste Club is a subscription-based service providing you with a wheeled bin that is collected fortnightly from the edge of your property.

Since it's launch, over 65,000 residents have joined and together and they have diverted almost 90,000 tonnes of garden waste from landfill. Working in partnership with the local authorities, Biffa transports the garden waste to a local facility where it is composted. The material collected contributes to the local authority's recycling rate by reducing waste to landfill and increasing the amount recycled.

To find out if we operate in your area and to subscribe, simply enter your postcode on the homepage.

The Green Waste Club provides convenient local collection services in four regions: Arun, Herefordshire, Melton and Tandridge. 

We work hand-in-hand with Local Authorities and local recycling partners to provide a seamless collection and recycling service. Together we turn garden waste into nutrient-rich compost for gardens and farmland. This not only diverts waste away from landfill but also reduces the need for chemical fertilizers and soil enhancers.

Green Waste Coverage

Terms & Conditions

Our terms for our Green Waste Club services 

1 These terms 

1.1 What these terms cover. These are the terms and conditions on which we supply the Services described below to you.  

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.  

2 Definitions 

2.1 When the following words with capital letters are used in these Terms, this is what they will mean: 

Bin: The Green Waste Club Bin(s).  

Collection Services: the collection of household garden waste from the Bin(s) on the scheduled collection dates.  

Hire Services: the hire of the Bin(s) from us to you for you to dispose of your household garden waste.  

Services: together, the Hire Services and Collection Services.  

Terms: the terms and conditions set out in this document.

3 Information about us and how to contact us 

3.1 Who we are. We are Biffa a company, registered in England and Wales. Our company registration number is 0946197 and our registered office is at Coronation Road, Cressex, High Wycombe, Bucks, HP12 3TZ.   

3.2 How to contact us. You can contact us by telephoning our customer service team at 0800 0858 286 or emailing us at gwc@biffa.co.uk.

3.3 How we may contact you. If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us with your order.  

3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 

4 Our contract with you 

4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, verbally accept your offer over the telephone or send you a confirmation letter, at which point a contract will come into existence between you and us.  

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and we will not charge you for the Services.  

4.3 We only provide the Services to customers within the UK. 

4.4 We only provide the Services to households. We do not provide the Services to commercial customers.   

4.5 Ongoing contract. Unless the contract is terminated early in accordance with these terms (see clauses 9 to 11), this contract will continue for either: 

 

1. 12 months;
2. 24 months; or
3. 36 months

 

depending on your chosen option at purchase. This shall be the “Minimum Term.”

4.6 Notification of Expiry.  We will send you notification of expiry via email or letter 30 days before your contract is due to expire (“Expiry Notification”). This will set out the terms of the contract renewal (including any price adjustments) and  steps to be taken if you wish to renew. 

 

4.7 The following renewal options shall be available at expiry depending on your payment method:

 

3. Direct Debit (monthly/annually) – if you have paid for your membership via direct debit the contract shall automatically renew upon expiry. If you do not wish to renew your contract please contact us before the date of renewal, following the instructions within the Expiry Notification. If you wish to renew your contract for more than 12 months (24 month/36 month) please notify us using the contact details provided in paragraph 3.2 above.
4. Payment by Credit/Debit Card – if you have paid using a credit/debit card you will need to manually renew your contract via our website www.greenwasteclub.co.uk or by calling 0800 0858 286. Please note, if you have paid by credit/debit card your contract shall not automatically renew.

 

4.8 Upon expiry of your contract the garden waste containers shall be removed by Biffa.

5 Your rights to make changes 

5.1 Please contact us if you wish to change the number of bins, we are providing to you under the Hire Services. There is no limit to the number of bins we can provide and if you request additional bins we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We may charge a one-off delivery fee for any additional bins supplied to you.   

5.2 If you are moving house within the same council tax region you may continue using the Services, but you must contact us to provide us with your new address. You will be responsible for moving Bins to your new property.  

6 Your obligations  

6.1 You must ensure that only materials referred to in this clause are put in a Bin: 

6.1.1 Compostable Waste: material that is suitable for open windrow composting including plant stems, leaves and stalks. The Compostable Waste must be free from any other form of contamination unless agreed in writing (e.g., synthetic twine);

6.1.2 Green Waste: botanical waste consisting of grass cuttings, hedge clippings, pruning’s, leaves (excluding street sweepings), dead plant material or roots, 

(The types of acceptable waste).  

6.2 You must not put any materials, other than the Acceptable Waste into a Bin. Materials including food and/or kitchen waste (including fallen fruit or vegetables from a garden, fruit and vegetable peelings and tea bags), genetically modified waste, turf, soil, stones, concrete, timber, animal waste, animal bedding or any other non-compostable garden item are unacceptable and should not be put in a Bin.  

6.3 It is your responsibility to remove any waste that is not Acceptable Waste from a Bin before your next collection date. We will not perform the Collection Services until all waste that is not Acceptable Waste is removed from the Bin.  

6.4 You must ensure that all Acceptable Waste placed in a Bin is loose and not contained in any bag. We will not perform the Collection Services if Acceptable Waste is put in a bag before being put into a Bin.  

6.5 You must ensure that Bins are not overflowing and that the lid is closed. We will not perform the Collection Services if a Bin is overflowing and/or the lid is not closed.  

 

6.6 You must leave the Bin(s) on the boundary to the front of your property or at the location agreed between us and you, prior to 7am on your scheduled collection dates). If you fail to do so we will not provide Collection Services on that collection date, but we will still charge you for the Collection Services due to our wasted journey and administration. If you have an assisted waste collection, please inform us and we will collect and return the bin to its storage location when we provide Collection Services.

7 Providing the Hire Services 

7.1 We will provide the Hire Services for the duration of this contract. 

7.2 We will deliver Bins to you within a reasonable period after the start of this contract. We reserve the right to charge a delivery fee for each Bin. Any initial Bin delivery charges will be included in the quote given prior to acceptance of your order and will be charged at the point of the first instalment.  

7.3 If you ask us to provide any additional Bins, we reserve the right to charge a delivery fee for each Bin delivered to you.  

7.4 When the contract comes to an end we will charge £10 plus VAT (£12) for removal of each Bin.  

7.5 All Bins remain our property. We reserve the right to issue refurbished Bins where necessary. You must not permanently mark or paint a Bin. 

7.6 If a Bin is damaged, lost, stolen or permanently marked or painted we will charge a fee of £20 plus VAT. If a Bin is damaged due to reasonable wear and tear or was damaged whilst we were providing Collection Services we have discretion as to whether the £20 plus VAT fee is waived.  

8 Providing the Collection Services  

8.1 We will provide the Collection Services. We will endeavour to provide the Collection Services on the specified collection dates but we reserve the right to change the collection dates. If we change your collection dates we shall notify you of this in writing.

8.2 We will only provide Collection Services if the Bin contains Acceptable Waste only, unless otherwise agreed between us and you.  

8.3 We will only provide the Collection Services if our staff are able to move and lift the Bins safely. Our drivers will make the final decision as to whether a Bin can be moved and lifted safely, this is subject to review by a supervisor. If we are unable to empty a Bin due to weight but all materials within that Bin are acceptable as referred to in clauses 6.1 and 6.2, please contact our customer services team on 0800 0858 286 as we may, at the supervisor’s discretion, be able offer additional waste collection services on your next scheduled collection date. If such additional collection services are arranged, please can you leave the waste material in open household bin liners next to the Bin(s).  

8.4 If Collection Services are missed please contact us by email (gwc@biffa.co.uk), using the Missed Collection form on our website, or on 0800 0858 286 within 24 hours of your scheduled collected date. If you report missed Collection Services, which have been missed for any reason other than those listed in clause 6, we will arrange replacement Collection Services within 3 working days. 

8.5 If Collection Services are delayed or missed and you do not notify us of this within 24 hours, we will not provide replacement Collection Services. Instead, the Collection Services for the relevant Bin(s) will be provided on the next scheduled Collection Services date.  

8.6 Collection Services will be suspended for a two-week period over Christmas and New Year. Details will be advertised on our website and will be on your collection calendar.  

8.7 Collection Services which are due on Bank Holidays may be rescheduled. Details can be found on your collection calendars or by calling our customer services team on 0800 0858 286.  

8.8 If you need to contact us for any reason or are not satisfied with our Services, please contact us by calling our customer services on 0800 0858 286 or by emailing us at gwc@biffa.co.uk. 

8.9 Reasons we may suspend the Services to you. We may have to suspend the Service to: 

8.9.1 deal with mechanical or staffing problems; or 

8.9.2 update the Services to reflect changes in relevant laws or regulatory requirements. 

8.10 Your rights if we suspend the Services. We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency. If we must suspend the Services for longer than four weeks we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four weeks and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract. 

8.11 We may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within two weeks of us reminding you that payment is due, we may suspend the Services and collect the Bin(s) until you have paid us the outstanding amounts. We reserve the right to charge £10 plus VAT (£12) for the removal of each Bin. We will contact you to tell you we are suspending the Services. We will not suspend the Services where you genuinely dispute the unpaid sum. We will not charge you for the Services during the period for which it is suspended.   

8.12 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control, then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.  

8.13 We may suspend the Collection Services due to adverse weather conditions. If possible, we will endeavour to reschedule the collection, but this will not always be possible. We will not refund any sums you have paid in advance for Collection Services that were suspended due to adverse weather conditions. 

8.14 If for any reason we continue to provide the Collection Services after the termination or expiry of a contract you have with us and you and we subsequently enter into a new contract within 60 days of the termination or expiry of your previous contract, we reserve the right to charge you for the Services provided in the period between the two contracts.  

9 Your rights to end the contract 

9.1 You can end your contract with us by giving us at least 30 days’ notice but that notice must not end any earlier than the end of the Minimum Term or the then current renewal term.  

9.2 You may end the contract if you vacate your property, and you are unable to or do not want to transfer the Services to your new property. If you are ending the contract because you are moving property you must close your account, but you must still pay us for the full Minimum Term or then current renewal term. You can close your account by call our customer services team on 0800 0858 286.    

9.3 You have a legal right to end the contract if  

9.3.1 we fail to provide Collection Services on a scheduled date, and we still have not provided them within a reasonable period afterwards (except where our failure was caused by you or something outside of our control); or  

9.3.2 we do something else wrong and either it cannot be put right or, if it can be put right, we do not put it right within a reasonable period.  

9.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For the Services bought from us, you have a legal right to change your mind within 14 days of the start date of this contract or the start date of any renewal period after the Minimum Term and receive a refund.   

9.5 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of Services, once they have been completed, even if the cancellation period is still running. 

9.6 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, confirm your order over the telephone or send you a confirmation letter. However, once we have completed Services you cannot change your mind about those Services, even if the 14-day period is still running. If you cancel after we have started the Service, you must pay us for all Services provided up until the time you tell us that you have changed your mind. 

10 How to end the contract with us (including if you have changed your mind) 

10.1 Tell us you want to end the contract. To terminate the contract, please contact us on 0800 0858 286 or by emailing gwc@biffa.co.uk or visit our website to complete and send the cancellation form. You may also terminate the contract via your online account. When terminating, please provide your name, home address, customer ID reference and, where available, your phone number and email address. 

10.2 How we will refund you.  If you are due a refund, we will refund you the relevant amount by the method you used for payment. However, we may make deductions from the price, as described below. 

10.3 You acknowledge that the price of the Services has been set based on the Minimum Term you signed up for. Accordingly, if you want to end the contract before the end of the Minimum Term (as specified in your accepted order) or (following a renewal of the contract) before the end of the relevant renewal period, you will still have to pay us for the full Minimum Term or renewal period (as applicable) unless you change your mind during the 14 day period referred to above.  

10.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind in relation to the Services, we may deduct from any refund an amount for the Services for the period for which it was supplied, ending with the time you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. 

10.5 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, then your refund will be made within two weeks of your telling us you have changed your mind. 

11 Our rights to end the contract 

11.1 We may end the contract if you break it. We may end the contract and the Services at any time by writing to you if: 

11.1.1 you do not make any payment to us when it is due, and you still do not make payment within two weeks of us reminding you that payment is due; or 

11.1.2 you do not, within a reasonable time, allow us access to your premises to supply the Services.  

11.2 We can always end our contract with you at any time even if you have not done anything wrong by giving you 30 days’ notice, in which case, if you have pre-paid for the Services you will receive a refund of the amount pre-paid by you for Services you will not receive.  

11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1, we may charge you reasonable compensation for the net costs we will incur because of you breaking the contract.  

11.4 Summary of your legal rights. We are under a legal duty to supply a service that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights. 

Summary of your key legal rights 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. 

In relation to services, the Consumer Rights Act 2015 says: 

• you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it. 
• if you haven't agreed a price beforehand, what you're asked to pay must be reasonable. 
• if you haven't agreed a time beforehand, it must be carried out within a reasonable time.  

12 Price and payment 

12.1 What you must pay. The Services cost the fixed price we agreed with you. We accept payment by Direct Debit or credit or debit card which can be paid either annually in advance or, in the case of Direct Debit payment only, by monthly instalments. We do not accept payment by cash, postal order or cheque.  

12.2 Price increases. We reserve the right to increase prices from time to time and we will provide you with at least 30 days’ notice of any changes. If we notify you of a price increase taking effect during the Minimum Term of our contract, if you are not happy with the increase you may terminate the contract on giving us 30 days' notice in accordance with clause 10. 

12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect. 

13 Our responsibility for loss or damage suffered by you 

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.  

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation. 

13.3 We will not be liable for damage or injury caused by your use of a Bin which you could have avoided by following our instructions of use.  

13.4 Limit on liability. Except as set out in clause 13.2, our liability to you in respect of all claims arising in any service year is limited to 120% of the annual contract price paid or payable by you for that service year.   

14 How we may use your personal information 

14.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our privacy policy: 

14.1.1 to supply the Services to you; 

14.1.2 to process your payment for the Services; and 

14.1.3 if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us. 

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.  

15 Other important terms 

15.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

15.2 You need our consent to transfer this contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this. We will not unreasonably withhold our consent to transfer if you are moving house. 

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clauses 15.1 and 15.2. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms. 

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Services, we can still require you to make the payment at a later date. 

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Services in either the Scottish or the English courts.