SIMPLY CUPS
TERMS AND CONDITIONS
By joining Simply Cups Australia, you agree to the Terms and Conditions Below.
Simply Cups is an agreement between:
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Closed Loop Environmental Solutions (ABN : 53 098 066 347)
Level 1, 40 Albert Road, South Melbourne, 3025 ("Closed Loop"), who manage Simply Cups.
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The Customer
Details found in the Customer's Simply Cups Agreement
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Last Updated: 24th March 2025
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1. BACKGROUND
1.1 Closed Loop operates a cup recycling program called "Simply Cups". The purpose of Simply Cups is to rescue cups from landfill, and recycle them into valuable resources.
1.2 The Customer has requested, and Closed Loop has agreed to provide Cup Collection Unit(s) and Cup Collection Services set out in Collection Unit and Collections Agreement Form, Collections Agreement Form and/or Additional Collection Unit Agreement Form.
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2. TERMS AND CONDITIONS
2.1 These Terms and Conditions govern the purchase of Cup Collection Units and Cup Collection Services;
2.2 Once these Terms and Conditions have been accepted by the Customer by signing and submitting a Collection Unit and Collections Agreement Form, Collections Agreement Form and/or Additional Collection Unit Agreement Form, they will be the only terms to govern the purchase and service arrangements, and will override any other terms that may appear, for example, on either party's standard documentation.
2.3 These Terms may be updated from time to time by Closed Loop with at least 28 days' prior notice being provided of such updates to the Customer.
2.4 Other than by Closed Loop pursuant to clause 2.3, variations to this Agreement must be by specific agreement between the Parties.
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3. PURCHASE OF CUP COLLECTION UNITS
3.1 Closed Loop offers a range of Cup Collection Units for sale that have been designed to minimise contamination during the cup collection process.
3.2 The Customer has purchased the Cup Collection Units as set out in Collection Unit and Collections Agreement Form, Collections Agreement Form and/or Additional Collection Unit Agreement Form.
3.3 In order to maintain the integrity of the Simply Cups program, the Customer must ensure the Simply Cups logo remains intact and visible at all times on the Cup Collection Units.
3.4 Co-branding or other branding arrangements must be agreed to in writing by Closed Loop.
3.5 A breach of clause 3.4 may result in Closed Loop not collecting cups from your site until the breach has been rectified.
4. COLLECTION SERVICES
4.1 The Customer agrees to on-going Collection Service for the Collection Fee set out in Collection Unit and Collections Agreement Form, Collections Agreement Form and/or Additional Collection Unit Agreement Form.
4.2 The Customer must supply a dedicated 240L or 660L wheelie bin(s) for Simply Cups Collections, with a Simply Cups Sticker provided by Closed Loop to identify that bin for collections.
4.3 The Customer must ensure the Wheelie Bin(s) are available for unimpeded collection between the hours of 6am - 6pm Monday to Friday.
4.4 To minimise collection costs, Close Loop endeavours to fit collections into scheduled collection routes. Closed Loop will therefore advise the Customer of the nominated day of the week that enables collection within that scheduled route.
4.5 The Wheelie Bin(s) must not be kept in a public area or other area outside the Customer's control where contamination is a possibility.
4.6 The Customer is responsible for any damage, repairs or cleaning of the Wheelie Bin(s), unless Closed Loop caused such damage.
4.7 The Customer is responsible for ensuring the plastic sleeves (refer clause 7) are placed inside the Collection Unit(s) prior to use, and that once full, the sleeves are tied off and emptied into the dedicated Simply Cups 240L or 660L Wheelie Bin.
4.8 Any special or additional requirements outside the standard Simply Cups Collection Service offering (including induction training) must be separately arranged with Closed Loop, and may incur an additional charge.
5. TYPES OF CUPS COLLECTED BY SIMPLY CUPS
5.1 Closed Loop accepts any paper-based cups, including Polyethylene ("PE") and Polyactic Acid ("PLA") also known as compostable cups.
5.2 Closed Loop will not accept:
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plastic only cups
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polystyrene cups
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glass cups
6. FUTILE COLLECTIONS
6.1 A "Futile Collection" is an attempted collection which could not be completed because the dedicated Simply Cups wheelie bin is:
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Inaccessible at the agreed site address on the collection day and hours nominated by Closed Loop.
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Uncollectable due to contamination.
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Uncollectable because cups are not tied off in Closed Loop approved clear sleeves or bags.
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The bin was empty at the time of collection, so no cups were able to be collected.
6.2 The Customer will be charged for any Futile Collections at the Customer's normal Collection Fee.
7. CONTAMINATION / UNCOLLECTABLE CUPS
7.1 Simply Cups Collection Units must be lined with clear (see-through) sleeves or bags that are either supplied by Closed Loop, or approved for use in writing by Closed Loop.
7.2 Customers can order additional tube sleeves at www.simplycups.com.au/order-tube-sleeves
Standard Tube Sleeves are provided Free as part of the program. They will be delivered during your next collection, so be sure to order before you run out. If you have already run out of Tube Sleeves and require more couriered urgently, a $20.00 Express Delivery Fee Applies.
7.3 Clear sleeve/bags must be made of Low Density Polyethylene ("LDPE") plastic. Any other sleeve/bag is deemed contamination.
7.4 When clear sleeves/bags are full, they must be tied closed and placed into the Customer's dedicated wheelie bin(s).
7.5 Loose cups, or contaminated sleeve/bags will not be collected. They will be left behind in the dedicated wheelie bin for the Customer to either sort, re-bag, or otherwise dispose of.
7.6 Contamination means anything other than paper cups. Familiar contaminants that will not be collected include : cans, bottles, plastic cups, heavy residual liquids (visible pooling), food items, food/snack packaging.
See our Simply Cups User Guide : Tips on Minimising Contamination.
8. DATA COLLECTION
8.1 Closed Loop will collect data during every collection.
8.2 Closed Loop will share aggregate cup collection data from the entire Simply Cups Program so Customers have visibility into the overall program success. Please note Number of cups saved from landfill is an estimated calculation based on weight and assumes the average cup collected by Simply Cups weighs 12.5g.
8.3 Closed Loop will provide Customers with their collection data via a Monthly Email Update (this reporting schedule may vary from time to time).
8.4 Customers can also request data updates for their Site at any time.
8.5 Collection Data includes:
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Metrics - number of bins serviced, cup weight and number of cups collected. Cups collected is a calculated measure based on Cup Weight. Cup numbers are based on 10 grams per cup. Some cups weight more than 10 grams, others less. We include this calculation to give people a visual perspective on how the program is working for them: and
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Dimensions - date of collection, partner name, collection address, postcode, and State, type of bin serviced, any collection issues.
8.6 The Customer agrees that their aggregated cup collection data may be used publicly so Simply Cups can maintain transparent reporting. Simply Cups will only report individual company results with written permission from the Customer. In such cases, the Customer authorises Closed Loop to use the Customer's name and logo(s) for such purposes.
9. UPCYCLING
9.1 Closed Loop will endeavour to transform every cup collected into an item of higher value.
9.2 Closed Loop has an Upcycling Hierarchy that highlights how we make decisions on what happens to rescued cups. This can be viewed on the Closed Loop Website.
https://closedloop.com.au/what-is-the-circular-economy/
9.3 For more information on Upcycled products, please visit:
https://www.simplycups.com.au/made-from-cups
10. EXTERNAL COMMUNICATIONS
10.1 Closed Loop wants to demonstrate more accountability and accuracy within the recycling industry, and wants to protect Customers from making any false claims about Simply Cups. The technologies behind recycling can be complicated, and are also evolving at a rapid pace, which is why Closed Loop reserves the right to review any claims the Customer makes about its collection program before it is published in the public domain. This includes any signage and external communication.
10.2 Closed Loop will ask the Customer for approval before publishing the Customer's involvement in the Simply Cups program in any external communication.
11. TERMINATION OF COLLECTION SERVICES
11.1 Either party may terminate the collection services by providing at least 28 days' notice to the other Party (or immediately if either party breaches the agreement and such breach remains unremedied for 14 days, or if either party commits an act of bankruptcy or enters liquidation or has appointed to in any form of insolvency administrator or becomes a party to our attempts to enter into any composition or arrangement with its creditors (or any class of them) or is unable to pay its debts (as and when they fall due).
11.2 Any rights or obligations accrued prior to termination remain in force until discharged.
12. MISCELLANEOUS
12.1 Closed Loop retains all rights in the Intellectual Property associated with Simply Cups, its branding and all confidential information provided by Closed Loop to the Customer.
12.2 Closed Loop will ensure that any of its personnel on location at the Customer's site will follow any reasonable directions and occupational health and safety protocols of the Customer.
12.3 Upon termination, the Partner must remove any Simply Cups logos and branding from Collection Units and Wheelie Bins, as well as from any public websites or displays owned or managed by the Customer.
12.4 Without affecting the rights of the Customer or Closed Loop at law or under any relevant or applicable statute, any dispute concerning this Agreement must be resolved, at first instance, by discussion between a representative nominated by the Customer and a representative nominated by Closed Loop.
12.5 This Agreement is governed by the law of the State of Victoria, Australia