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 Organics (ABN : 26 151 836 823)
Level 18, 1 Nicholson Street, East Melbourne 3002 ("Closed Loop"), who manage Simply Cups.
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and
The Customer
Details found in the Customer's Simply Cups Agreement
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Last Updated: 18th May 2026
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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, and all associated payment obligations including those set out in Section 13.
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 ongoing Collection Service for the Collection Fee set out in the 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 The Customer has thirty (30) days from delivery of the Collection Units to install and deploy them at the agreed address. The Collection Service will commence after this period, in accordance with the collection frequency selected by the Customer (the “commencement date”), and collection service charges will start from the commencement date. The Collection Service commencement date can be arranged earlier than 30 days by the Customer's written request.
4.5 To minimise collection costs, Closed Loop endeavours to fit collections into scheduled collection routes. Closed Loop will therefore advise the Customer of the day of the week on which collection is available within the scheduled route.
4.6 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.
4.7 The Customer is responsible for any damage, repairs or cleaning of the Wheelie Bin(s), unless Closed Loop caused such damage.
4.8 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.
4.9 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 Polylactic Acid ("PLA"), also known as compostable cups.
5.2 Closed Loop will not accept:
• plastic only cups
• polystyrene cups
• 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:
• Inaccessible at the agreed site address on the collection day and hours nominated by Closed Loop.
• Uncollectable due to contamination.
• Uncollectable because cups are not tied off in Closed Loop approved clear sleeves or bags.
• 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 sleeves/bags must be made of Low Density ("LDPE") plastic. Any other sleeve or bag is considered contaminated.
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 sleeves/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, and 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 that the number of cups saved from landfill is an estimated calculation based on weight and assumes that 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:
• 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 12.5 grams per cup. Some cups weigh 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
• 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 the Customer's written permission. 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.
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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 Customer 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
12.6 Any agreements previously entered into with Closed Loop Environmental Solutions Pty Ltd (ABN: 53 098 066 347) are deemed to have been automatically transferred to and novated in favour of Closed Loop Organics (ABN: 26 151 836 823), with all rights and obligations continuing on the same terms.
13. PAYMENT TERMS
13.1 Invoices issued by Closed Loop are due and payable within 30 days of the invoice date unless otherwise agreed in writing.
13.2 If payment is not received by the due date, Closed Loop reserves the right to charge interest on the outstanding amount at a rate of 2% per month, calculated from the due date until the date of payment.
13.3. Closed Loop reserves the right to suspend collection services without notice where a Customer's account remains unpaid for more than 30 days past the invoice due date. Suspension of services does not affect the Customer's obligation to pay outstanding amounts.
13.4 Where an account remains unpaid, Closed Loop may engage a third-party debt collection agency or take legal action to recover the outstanding amount. The Customer agrees to pay any reasonable costs incurred by Closed Loop in recovering the debt, including debt collection agency fees and legal costs on a solicitor-client basis.
13.5 Closed Loop will provide the Customer with written notice of any intention to suspend services or refer the account to debt collection, allowing five (5) business days to remedy the outstanding payment before such action is taken.