Last updated: 16 July  2024

Please read these user terms carefully before using our service  

These Terms and Conditions apply to the use of this website including the purchase of products and services. This Agreement contains the complete Terms and Conditions that apply to users and others who interact with Cubie. By using or accessing Cubie, which you may access in several ways, including but not limited to the web, mobile phones and tablets, constitutes your acceptance of and agreement to all of these Terms and Conditions and the Privacy Policy, and your representation that you are eighteen (18) years of age or older and capable of entering into legally binding contracts.

If you object to anything in these Terms and Conditions or the Privacy Policy, you are not permitted to use the Site and the Products and Services offered by Cubie.

These terms and conditions apply whenever you access the Site and our Products and Services, regardless of how you access the Site.

By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, Cubie may terminate your right to access the service.

1. Definitions and interpretation  

1.1 In these Terms and Conditions:

Cubie means Cubie Pty Ltd as Trustee of Cubie Unit Trust  (ABN 90 775 754 326), its agents, officers, employees, contractors, successors and advisers.

Cubie.com.au means the website operated and owned by Cubie.

Content means any and all data, text, document, software, images, audio or video material and other content, in any medium, provided by Cubie to you;

Pick-up means collection of Cubie skip bags by entities that are not associated with Cubie other than being a referral partner

Product means a Cubie skip bag or other service which you order using our Service;

Service includes any information on our website including Content, the interface, user system, and the services which we provide to you which are ancillary to these services, including telephone, email and chat helplines;

You means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;

1.2 The singular includes the plural and vice versa; and

1.3 A reference to currency is a reference to Australian dollars.

1.4 You agree that each of these definitions has the same meaning wherever they appear on our website.

2. Accessing or Using the Site  

2.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

2.2 All content and services provided on or through this Site are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.

2.3 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time. Agreement posted

on Cubie reflects the latest agreement and you should carefully review the same before you use our site.

2.4 If you wish to become a member or user (Users) of Cubie, please read these Terms and Conditions of use carefully before using and placing an Order for the Services offered by Cubie.

2.5 You understand and agree, however, that you will use Cubie including its tools and services with full responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations.

If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following Terms and Conditions as they apply at the time. Please read them carefully. If you accept our Terms and Conditions, you may use our service, including to order a product and service. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to have read the relevant Terms and Conditions carefully.

3. Scope of Services  

3.1 Cubie provides skip bags of various sizes and is a facilitator of external waste collectors who carries out the Services.

3.2 Cubie allow you to:

Purchase one or more Cubie skip bags 

Book pick-up of one or more Cubie skip bags via the website, telephone or other methods as promoted

Interact with Cubie via available customer service channels and expect skip bag and pick-up inquiries to be managed by Cubie

3.3 The Services include the pick-up and disposal of your Cubie skip bags within a reasonable time after you have booked pick-up.

4. Use of Service  

4.1 Cubie is not a waste collection or waste management company. Cubie provides skip bags and co-ordinates pick-up of these skip bags by external parties.

4.2 Cubie agrees to provide you with a licence to order products from our service on the condition that you accept these Terms and Conditions and pay our fees in the way required. The licence is not transferable. The licence begins on the day you use our service, and ends in accordance with these Terms and Conditions (see below).

5. Order Process  

5.1 You may place an order for a Cubie skip bag and pick-up through the website, telephone or any other method advertised

5.2 You will be given the options to:

Pay for skip bag only

Pay for pickup of one or more skipbags

5.3 Payment for the Order must be made through the Site or Telephone, at the time of placing the Order and paid via credit card unless prior arrangements have been agreed upon.

5.4 You agree that you are solely responsible in verifying the data filled in and submitted.

5.5 You agree that by using Cubie, you understand and acknowledge that Cubie provides you with a platform to purchase skip bags and facilitate pick-up for your benefit and therefore Cubie:

does not warrant or guarantee that you will find suitable Products or Services for your specific requirements

will not be liable for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to any Products or Services

Is unable to offer any services outside of the metro areas defined using the location checker on the website

6. Order Payments and Cubie fees  

6.1 Cubie uses third party merchant facilities to process payments. Cubie is not responsible or has any control over any third party merchant facilities. Users acknowledge and agree that Cubie will not be liable for any loss or damage arising out of their use of a third party payment gateway.

6.2 All prices shall be shown in AUD including GST where applicable, and/or pick-up costs.

6.3 You acknowledge and agree that you are liable to pay the fees, which shall be transferred into the Cubie account at the time of placing the order.

6.4 Cubie product and service fees shall be as stated in the content of the website, as is subject to change.

6.5 You cannot cancel an order once it has been submitted through our Site without approval by Cubie.

6.6 We offer a full refund for unused CUBIE bags within 14 days of purchase.  If you have requested collection and then cancel, we are able to offer a full refund unless the driver is already on their way to your location. If our driver is unable to pick up your CUBIE due to non-compliance (e.g. placement, prohibited materials, excess weight), we will refund the disposal fee but not the flat pickup fee.

7. Acknowledgements  

7.1 Cubie agrees that:

it has taken all reasonable steps to facilitate the timely pick-up of Cubie skip bags by external waste collectors and that the disposal of your waste is managed in a way that is consistent with the information provided on our communication including our website

all your billing information that is identifiable to you will be kept confidential. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent unless required to do so by law; and

the Products and Services you order through our service will, if relevant, be delivered to you within a reasonable period of time

8. Registration and Account Security  

8.1 As a user of the Cubie website you commit to us to maintain the security of your account, if you set up an account:

You will not provide any false personal information on Cubie, or create an account for anyone other than yourself without permission.

You will not create more than one personal profile.

If we disable your account, you will not create another one without our permission.

You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

You will keep your contact information accurate and up-to-date.

You will not do anything that might jeopardise the security of your account.

You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

9. Limitations on use  

9.1 Cubie agrees that you will have a licence to use the products that you order using our service.

9.2 In relation to your use of our service and the products you order, you agree that:

you must not use any part of the products for any purpose except the specific purpose for which they were ordered;

you must not modify the products in any way that may compromise Cubie after they are delivered to you;

you must not interfere with, alter or attempt to copy or reproduce any part of our product or the products you order while using them;

you must not incorporate any part of our product in any other commercial venture; and

you must not represent that the products ordered using our service were created by your own resources, or those of a third party

10. No advice  

10.1 You agree that:

we cannot, and do not, give you waste management advice;

the company that owns and operates Cubie (Cubie Pty Ltd) is not a waste collection or waste management firm;

the pick-up of Cubie bags are performed by entities that are not associated with Cubie other than being referral partners

we cannot and do not warrant that a product you decide to order is appropriate or suits your needs;

we cannot and do not warrant that your use of our service is appropriate or suits your needs;

the product’s suitability will vary according to particular circumstances;

only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;

Cubie does not warrant accuracy for the information, commentary, advice and other documents which appear on our website; and

Cubie disclaims responsibility for the information, commentary, advice and other documents which appear on our website

11. Pick-up

11.1 You agree that:

certain information is included in the pick-up service you order as a result of the answers you provide to questions you answer when using our service;

you are fully and solely responsible for the information included in a service as a result of the answers you give to the questions; and

we are not responsible for any mistake that you make in understanding the questions or how to answer them.

Overfilled bags will not be picked up

Bags that contain prohibited materials will not be picked up

Bags exceeding weight limits will not be picked up if deemed unsafe (max 5% above limit)

Non-official Cubie bags will not be picked up 

Incorrectly placed bags will not be picked up at the discretion of the driver

If the driver is in transit or has reached the collection point, and you want to cancel/reschedule or we are unable to pickup the bag(s) we will refund your disposal fee only. Your flat collection fee will not be refunded.

12. Indemnity  

12.1 You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:

because the service or product you order is not suitable for its intended purpose or does not suit the relevant circumstances;

because you fail to obtain formal advice from a professional adviser concerning whether the service or product you choose is suitable for its intended purpose or is suitable for particular circumstances;

because of the answers you provide to questions asked of you when using our service;

because you do not answer all questions completely and accurately;

because you modify the products after they are provided to you; or

because you breach these Terms and Conditions in some other way.

12.2 You agree that you continually indemnify us against any cost, loss, liability, or damage incurred as a result of your use of our service.

13. Our partners  

13.1 Cubie may promote to you, or refer you to, products or services of a third party (Partner).

13.2 When you use a Partner’s website, or services available from that website:

Cubie is not responsible for those services or any information or hyperlinks contained on that website;

Cubie provides access to those services for convenience only and does not endorse the Partner or the services available from that Partner’s website;

you access that website, and services available from that website, at your own risk;

it is for you to decide whether you will, or should, rely on the Partner’s services; and

you agree with Cubie that you acknowledge the disclaimers made by that Partner and that you will comply with any separate Terms and Conditions which the Partner applies, and requires you to consent to, in respect of those services.

14. Website contents  

14.1 You agree that:

each time you order a service or product from us you agree to the then current version of these Terms and Conditions

we do not warrant the accuracy or appropriateness of the contents of our website;

the legal information and commentary on our website is general only and that Cubie does not endorse it and disclaims responsibility for it;

our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;

we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;

you access these other websites at your own risk; and

it is for you to decide whether these other websites should be relied on.

15. Termination  

15.1 We may terminate your access or use or account for any reason at any time.

15.2 If you violate these terms and conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our services to you. We will notify you by email or at the next time you attempt to access your account. You may terminate your access, or delete your account or disable your account for any reason at any time. Even after your account is terminated, certain sections of this Agreement will remain in effect.

16. Disputes  

16.1 The parties shall first attempt to resolve any claim, cause of action or dispute ("claim") arising out of or relating to these terms and conditions, in an amicable manner by mediation with a mutually acceptable mediator based in Sydney, Australia prior to commencing any legal action. The laws of the State of New South Wales, Australia will govern this terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the State of New South Wales, Australia for the purpose of litigating all such claims.

16.2 Cubie will use reasonable endeavours to mediate any disputes concerning the Services, excluding disputes arising with the relevant regulatory bodies. If you raise a dispute as to the quality of the Services, then we may contact you to get further information and carry out investigation and notify you about the outcome of the investigation.

16.3 If anyone brings a claim against us related to your actions, content or information on Cubie, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

17. Exclusion  

17.1 You use the Cubie website and our products and services at your own risk. We provide the service on a "as is" basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for particular purpose, and non-infringement. Cubie is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

17.2 We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this terms and conditions or your use of the Services offered by Cubie or the liability or fitness of any regulatory body, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this terms and conditions or Cubie will not exceed the greater of $50 or the amount you have paid us for carrying out the Services.

17.3 Where the above limitation or exclusion of liability, or incidental or consequential damages is not permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified, then such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect, and Cubie excludes all rights, liabilities, remedies, conditions and warranties in respect of goods or Services from your use of Cubie whether based in statute, common law or otherwise to the fullest extent permitted by applicable law.

17.4 As a condition of your access to and use of the Services, you agree to indemnify Cubie and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the Services; or (b) your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

18. Limited liability  

18.1 You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:

replacing the product or service you used;

supply of some equivalent product or service;

amendment of the service; or

the payment of the cost of such replacement, supply or amendment.

18.2 You agree that:

to the extent that we are not prohibited by law from limiting our liability, then our liability is limited, including in respect of any liability that arises as a consequence of our negligence;

our liability to you for any matter related to the subject matter of these Terms and Conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and

we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.

18.3 We do not warrant that the operation of our service will be uninterrupted or that our service is error free.

19. Intellectual property  

19.1 You agree that:

we remain the owner of all of our interest in the intellectual property and know-how that resides in our products and services;

you get no ownership in the copyright of the products or services that you order.

19.2 Cubie owns all of the rights, title and interest in relation to the user content and information you post through the website, or through the Service or Application and you automatically assign all rights, title and interest, absolutely in the content and information you post and share through Cubie.

20. Recovery for breach  

20.1 If we discover that we have lost revenue through your misuse of our service or your breach of these Terms and Conditions, then you agree that we may recover from you each of the following:

the revenue we have lost;

our costs of discovering our loss and the extent of it;

our costs of recovering the revenue; and

default interest on any amount owing under this clause.

20.2 Also, if we can show that we have lost revenue through your misuse of our service or breach of these Terms and Conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.

21. Payments  

21.1 Our standard arrangement is for you to pay us online by credit card through an online payment system set up through our website.

22.2 At the time you place an order through our website, we electronically provide you with our invoice/receipt.

22.3 If you do not make payments at the time of lodgement of your order, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:

suspend or terminate the order;

use amounts you pay us to pay-off any amount you owe at our choice

set our system so that you no longer have access to services you have ordered from us in the past (regardless of whether you have paid for them);

charge default interest on any amount you owe us.

23. Refunds, returns, exchanges  

23.1 We offer a full refund for unused CUBIE bags within 14 days of purchase. If you have requested collection and then cancel, we are able to offer a full refund unless the driver is already on their way to your location. If our driver is unable to pick up your CUBIE due to non-compliance (e.g. placement, prohibited materials, excess weight), we will refund the disposal fee but not the flat pickup fee.

23.2 You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:

the intended purpose to which the products or service were to be applied;

the reasons that you want a return, a refund, or an exchange;

any other information or materials we ask for that we believe is relevant to our decision.

24. Jurisdiction  

24.1 These Terms and Conditions are governed by and are to be read and interpreted according to the laws of the State of New South Wales, Australia. Each of Cubie and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

24.2 If you want to use the Cubie website and our products and services, you must agree to our Terms and Conditions. If you don’t agree, then you can’t buy anything from us.

25. Other  

25.1 This terms and conditions is an agreement between you and Cubie. This terms and conditions and privacy policy collectively makes up the entire agreement between the parties regarding Cubie, and supersedes any prior agreements. If any portion of this terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this terms and conditions, it will not be considered a waiver. Any amendment to or waiver of this terms and conditions must be made in writing and signed by us. You will not transfer any of your rights or obligations under this terms and conditions to anyone else without our consent. All of our rights and obligations under this terms & conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this terms and conditions shall prevent us from complying with the law. This terms and conditions does not confer any third party beneficiary rights. You will comply with all applicable laws when using or accessing Cubie website and our products and services. This Agreement will remain in full force and effect while you use Cubie. Cubie reserves the right to change and update the terms and conditions without any notice to you. Continued use of the website or our products or services will be deemed to constitute your acceptance of those changes