Terms and conditions
1. Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE APP TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE MOBILE APPLICATION IN ANY MANNER.
You hereby represent that you possess the legal authority to enter into these App Terms on your and your organization's (if applicable) behalf and to form a binding agreement under any applicable law, to use the Mobile Application in accordance with these App Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Mobile Application shall obligate you and your organization (if applicable).
We will contact you via the Recapp facilities, or through your email, mobile or address. Please let us know if any of these changes.
You can contact us through the Mobile Application:
Email: [email protected]
2. The Recapp Mobile Application
The Recapp Mobile Application is a non-hazardous, non-industrial recyclable material collection facilitator tool that facilitates the connection between Recyclable Producers and Collectors. “Recyclable Producers” or “User(s)” are persons that generate recyclable waste to be collected by the Collectors and subsequently earn special points and offers. “Collectors” are the personnel facilitating the collection of the recyclable waste employed with and on behalf of Recapp and/or any of the Affiliates.
3. Accounts and Membership
A. For the purposes using the Mobile Application, You may be required to open and register an account in the manner described in these App Terms (“Account”):
B. You shall be responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
C. You shall be responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Recapp for accessing the Mobile Application.
D. You shall be solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Recapp has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you agree to notify Recapp immediately.
E. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account.
F. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
G. Recapp will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Recapp may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these App Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not be able to re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
H. You further represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into these App Terms and to abide by these App Terms and that you will so abide;
- You have read, understand, and agree to be bound by these App Terms;
- You will act professionally and responsibly in your interactions with Collectors;
- You will use your real name or business name and an up-to-date photo on your account;
- When using or accessing the Mobile Application, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- Where you enter into these App Terms on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these App Terms.
- Other than as fully and promptly disclosed in writing to Recapp, you do not have any motivation, status, or interest that Recapp may reasonably wish to know about in connection with the Mobile Application, including without limitation, if you are using or will or intend to use the Mobile Application for any journalistic, academic, investigative, or unlawful purpose.
NEITHER VEOLIA, NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MOBILE APPLICATION AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE VEOLIA AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MOBILE APPLICATION.
4. Mobile Application Updates and Upgrades
We are not responsible for content residing in the Mobile Application. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
6. Data Protection
7. Links to Third Party Websites or Mobile Applications
Although this Mobile Application may link to other websites or mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. The use of any website or mobile application controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Veolia expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Mobile Application. You hereby agree to hold Veolia harmless from any liability that may result from the use of links that may appear on the Mobile Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
8. Prohibited uses
In addition to other terms as set forth in the these App Terms, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
9. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Recapp designs, trademarks, and logos (collectively “Proprietary Material”) that you see or read through the Recapp Mobile Application is owned by Veolia (“IP Co.”). Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. IP Co. owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Mobile Application without Recapp’s express prior written consent. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of Recapp, including without limitation Recapp, Recapp for Good, and associated logos, are service marks owned by IP Co. Any other trademarks, service marks, logos and/or trade names appearing via the Mobile Application are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
10. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Veolia and agree that you will not, for the lifetime of your account on Recapp plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Mobile Application in accordance with these App Terms. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Recapp in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Recapp promptly upon deactivation of your User account or termination of these App Terms for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Veolia’s trade secrets, confidential and proprietary information, and all other information and data of Recapp that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Veolia or Recapp or Recapp’s business, operations or properties, including information about Recapp’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
11. No Rights of Third Parties
The provisions of these App Terms are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of these Terms are enforceable by any persons who are not a party to these App Terms.
12. Limitation of Liability
You acknowledge and agree that Veolia is only willing to provide the Mobile Application if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Veolia and its Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including legal fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Mobile Application.
To the fullest extent permitted by applicable law, in no event will, its Affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Veolia has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Veolia and its Affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Veolia for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree that Veolia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (i) your use of the support; (ii) the liability or fitness of any customer (iii) in connection with the performance of or browsing in the software applications or your links to other software applications from this software applications, even if Veolia has been advised of the possibility of such damages. You further agree that Veolia shall not be liable for any damages arising from interruption, suspension or termination of services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. In no event shall Veolia 's total liability to you for any losses arising hereunder exceed the amounts paid by you to Veolia’s hereunder. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the above limitations may not apply to you. Should a jurisdiction be averse to a limitation or exclusion of warranties, such provision shall be deemed severable from these App Terms and the other provisions shall remain in full force and effect.
VEOLIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN ANY USERS OF ITS MOBILE APPLICATION. VEOLIA AND ITS AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK OR SERVICES PERFORMED ANY OTHER PARTNER OR THIRD PARTY VIA THE MOBILE APPLICATION.
13. User Obligations for Waste Collection
A. The User warrants and agrees that at all times the waste materials that the User presents for removal pursuant to these App Terms shall exclude any materials and substances that hazardous, chemical or industrial in nature and agrees that all waste material should be placed in the waste storage containers specifically marked and provided for them where applicable but in containers suitable for the waste where no containers have been provided. Containers will be collected from a suitable, safe access point to the premises by the Collectors.
B. The User will comply with any other legal requirements, including but not limited to the provision of documentation, required for handling the waste to the Collectors.
C. The User will, prior to collection, initiate requests through the Account for collection and Recapp shall within [24-48 hours], schedule appropriate pick-up by the Collectors at the designated address of the User. Recapp shall have no responsibility or liability to proceed with the collection or for any delays, in the event the address or contact details provided by the User are incorrect or inadequate for collection.
D. The Collectors shall have a right to reject the collection of the waste, in the event the contents or substances are determined to be in contravention to these App Terms or any guidelines, rules, regulations or laws applicable to the Recapp at the time of collection.
E. The User hold high professional standard of conduct at all times, including, without limitation, with respect to language, conduct and appearance with the Collectors.
14. Offers, Rewards and Vouchers
14.1 Special Offers and Rewards
A. The User accepts that Recapp shall have the right but not obligation to introduce, operate, forfeit or terminate any offers on the Mobile Application at any time.
B. The User accepts that Recapp shall generate points equivalent the weight of the waste collected from the User (“Points”) in a formula as determined by Recapp. The User accepts that Recapp shall have the sole right for the calculation and determination of any Points generated and that Recapp may at its sole discretion modify, amend or restrict such calculations, formula or other methods of determination.
C. Recapp may as a part of the Mobile Application, introduce any offers, rewards and promotions either through itself or any Affiliate or third-party providers (“Sponsors”) licensed to offer such offers, rewards or promotions (“Rewards”).
D. The User accepts that the Sponsors shall determine the exchange rate between the Points and the Rewards in accordance with the pre-determined agreements with Veolia. The User accepts that Recapp and Sponsors may at their discretion modify, amend or restrict such calculations, formula or other methods for exchange of Points for Rewards.
E. Redemption of any such Points for Rewards shall be done in accordance with the terms and conditions set forth by the Sponsors in relation to such rewards. Unused Points may lapse in the event the same are not utilized within the time frame as may be determined by these App Terms or the Mobile Application from time to time.
F. Each Point generated can only be used to redeem the Rewards only once per User.
G. Any outstanding rewards redeemable with the Sponsors of Recapp shall continue to be redeemable in accordance with the terms and conditions set forth by such Sponsors.
H. The Sponsor may send you communications (e.g., an email) with additional methods to check in (e.g., a bar code in an email) if indicated the method may be used for applicable check in purposes in the communication. Each time you redeem the Reward, the Rewards will be removed from the Account. Rewards programs offered by the Sponsors are subject to change, elimination or substitution at any time at an applicable Sponsor’s sole discretion without notice.
I. The Rewards offered by Sponsors through the Mobile Application (i) have no cash value, (ii) may not be redeemed or exchanged for cash or any cash equivalent, (iii) may not be combined with other offer, promotion, discounts or coupons (including, without limitation, any other Rewards), (iv) are not transferable, and (v) may not be substituted (except by the applicable Sponsor, in its sole discretion).
J. You are not obligated to accept or redeem any Rewards. Rewards will be deemed forfeited and lapsed without notice if not used within the allotted time frame in accordance with the terms and conditions of the Sponsor. You may check your available Rewards online at the applicable Reward App or website or by logging into your program account. The Rewards shall be as reflected in an applicable Sponsor’s records, unless you can prove otherwise to the Sponsor’s satisfaction.
K. Any of the Sponsors may change its redemption terms and conditions or program, including regulations, policies, benefits, conditions of participating, in whole or in part at any time with or without notice, even though such changes may affect the value of the Points already accumulated. Any dispute that may arise in relation to the redemption of the Rewards shall be at the sole responsibility and liability of the Sponsor and shall be governed by the terms and conditions set forth by the Sponsor. Veolia disclaims all liability in relation to any changes in such terms and conditions set forth by the Sponsor or in any interruption or discontinuation of any Reward provided by the Sponsor.
14.2. Redemption of Reward
The Rewards offered by the Sponsors shall be displayed on the Mobile Application. You expressly agree that the Mobile Application may only reflect the Points offered by the Sponsors and Veolia shall have no responsibility, liability or obligation towards redemption of such Rewards against the Points. The Mobile Application does and shall not act as means of store of value, unit of account or a medium of exchange of the Rewards. Such Rewards shall be redeemed and reflected in the following manner:
A. The Sponsor shall provide Rewards in return for the redeemed Points and may generate coupons or codes equivalent to the value of the Points which shall be issued to the User for the purpose of redeeming the Rewards. The Reward entitilement shall be displayed within the Mobile Application and may be modified without prior notice and may differ from region to region and from country to country at the sole discretion of the Sponsor.
B. Unless otherwise specified, all Rewards must be redeemed within the said period of time in accordance with the terms and conditions of the Sponsors. Unused Rewards may lapse in the event the same are not utilized within the time frame as may be determined by the terms and conditions of the Sponsor. For more information on Sponsor(s) terms and conditions please visit their website(s).
C. The Points may be offered on an ad-hoc basis and will be added to the User’s account to be used in an upcoming request.
D. If the applicable Points exceeds the value of the items ordered, the difference will not be reimbursed to the User by Recapp by any means;
E. In addition to the Points accrued to the User, Recapp may facilitate additional Points to its loyal users by facilitating additions of Points to their account redeemable with the Sponsors. However, Recapp may also withdraw loyalty bonuses at any point and without warning or liability.
F. Any attempt to manipulate the system and use of coupons or codes by participation via any party, camouflaging identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to do so), will render the associated orders and use of Points invalid and may potentially lead to your account being deactivated or the parties responsible sued within the framework of the applicable law.
J. Any personal information and details of your relevant Rewards (including without limitation, your name and membership number (where relevant)) that you disclose and provide under the Mobile Application must match that on file with the Sponsors. Any difference between this information and that on file with the Sponsors under the redemption programme can cause delays or prevent Rewards from being redeemed successfully.
14. Exclusion of Liability for Reward schemes
You expressly agree to be bound by the terms and conditions for any Rewards by the Sponsors and agree not to hold Veolia and its Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including legal fees and costs that have arisen or may arise, relating to your or any other party’s use of or inability to use, redeem, access the Rewards and any schemes, offers, or promotions associated with such Rewards offered by the Sponsor.
You agree to indemnify and hold Veolia and its Affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Mobile Application or Services or any willful misconduct on your part.
All rights and restrictions contained in these App Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these App Terms illegal, invalid or unenforceable. If any provision or portion of any provision of this these App Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
17. Dispute resolution
The formation, interpretation, and performance of these App Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of the Emirate of Dubai. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the court of Dubai, United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these App Terms.
18. Changes and amendments
We reserve the right to modify these App Terms or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of these App Terms in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Use of the Mobile Application is entirely at your own risk. Changes are periodically made to the software applications and may be made at any time without notice to you. The Mobile Application is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Veolia makes no warranties or representations about the accuracy or completeness of the content provided through the support or the content of any software applications linked to the Veolia software applications. Veolia assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Veolia software applications or the support; (iii) any unauthorized access to or use of Veolia 's secure servers and/or any and all personal information and/or financial information therein. Veolia does not warrant that the software applications will operate error-free or that the software applications and its server are free of computer viruses and other harmful goods. If your use of the software applications results in the need for servicing or replacing equipment or data, Veolia shall not be responsible for those costs. Veolia, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third-party rights and the warranty of fitness for a particular purpose. Veolia makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. Veolia and its Affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others. We encourage you to review these App Terms periodically. Veolia is not an agent of the partner and makes no warranty or representation as to the quality, merchantability or fitness for purpose of the goods and services of any Sponsor and accepts no liability for the goods and services provided by any Sponsor or the Sponsor's affiliates. Any dispute about the same must be resolved directly with the Sponsor and Veolia accepts no liability in respect of any failure to redeem Rewards that you may experience with the Sponsor.
20. Force Majeure
Neither Veolia or You shall be liable to another user for any delay or failure in performance under these App Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, terrorism, cyber-attacks, acts of regulatory agencies, or national disasters.
21. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these App Terms refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have any questions about these App Terms or about the Mobile Application, please contact us by email at: [email protected]
This document was last updated on October 18th, 2020.