Terms and
Conditions - Recircle
1. INTRODUCTION
1.1. Welcome to the Recircle application (“the App”). Please read the following terms and conditions (“Terms and Conditions”) carefully before using the App to ensure that you are aware of your rights and obligations by using the App and with respect to “Recircle” and its affiliates and subsidiaries (individually and collectively “Recircle”, “we”, “us” or our”).
1.2. By assessing or using the App, you confirm your full understanding and acceptance of these Terms and Conditions. Recircle reserves the right to add, remove or vary any of the Terms and Conditions at any time without prior notification. Any and all changes to any of the Terms and Conditions shall be deemed effective when posted on the App. As such, you should frequently check the Terms and Conditions for any updates or amendments. If you do not agree to any of the Terms and Conditions at any point in time, you should cease using the App. If you continue to use the App despite any changes or updates made to these Terms and Conditions, your continued use constitutes a continued understanding and acceptance of those changes or updates.
2. LIMITED LICENSE TO USE
2.1. We grant you a
non-transferrable, limited and revocable license to use the App under these
Terms and Conditions for the purposes of using our Services which includes the
provision of a platform that enables individuals or corporations (“Users”) to
connect to local recycling centres (“Buyers”).
3. DISCLAIMER
3.1. All images, representations and descriptions of products to be recycled that are posted on the App are those of the respective Users and are not made by us.
3.2. Recircle may or may not pre-screen Users, or any content, images, information or description posted or uploaded by the Users.
3.3. Pursuant to clause 11.2 below, Recircle will only verify each Buyer to the extent that the Buyer is registered with the Companies Commission of Malaysia. For avoidance of doubt, Recircle is not liable or responsible for any actions or inactions of any Buyers.
3.4. All actual negotiations, contract for sale and/or transactions are dealt directly between the Users and Buyers and Recircle is not a party to any contract between Users and Buyers. Recircle will not be held responsible or liable for any failed or bad negotiations, transactions, contracts or otherwise between Buyers and Sellers.
3.5. Recircle reserves the right to remove any content, image, information, post or listing for recycling which breach any of these Terms and Conditions.
3.6. Recircle
reserves the right to terminate your use or refuse your access to the App or to
our Services for any reason whatsoever without prior notice.
4. PRIVACY
4.1. Recircle takes
your privacy seriously. Please see link https://www.recircle.com.my/terms_and_conditions.php for the full privacy policy.
5. SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
5.1. All intellectual property rights whether registered or unregistered including but not limited to trade marks, copyright, industrial design, and patents on the App, and all content including but not limited to images, text, layout, graphics, software compilations, underlying source code and software are property of Recircle.
5.2. You understand
and agree to not copy, pass-off or infringe any intellectual property belonging
to Recircle.
6. ACCOUNTS AND SECURITY
6.1. In order to use the App, you are required to register an account with us as either a User or Buyer by providing certain personal information (“Account”).
6.2. You agree that all information provided by you in opening your Account with Recircle is correct and accurate.
6.3. You understand and agree to keep your password confidential at all times.
6.4. You will be fully responsible for your account on the App and Recircle will not be liable or responsible for any loss or damage arising from any unauthorized use of your password or account.
6.5. Recircle reserves the right to immediately without prior notice to you, terminate your Account, remove any content or information including but not limited to images, graphics, description, text etc., withdraw any benefits or points, and/or take any other action deemed necessary by Recircle if you breach any of the terms and conditions herein.
6.6. User acknowledges and accepts that if User does not log in into the App for a consecutive twelve (12) months, User’s account shall be made “inactive” automatically without prior notification but all points accumulated will remain in the inactive account.
6.7. In the event User intends to reactivate User’s account, User shall activate his/her
account via the Recircle App.
7. TERMINATION
7.1. You understand
and agree that any breach of these Terms and Conditions may result in any of
the following actions being taken against you without prior notification:
7.1.1. Removal of any
post or listing on the App
7.1.2. Forfeit of Rewards or Points (Users
only)
7.1.3. Account
suspension and termination
7.1.4. Civil legal
action
7.1.5. Criminal prosecution
7.2. In the event
Buyer decides to stop using the App, Buyer shall complete the form on
Recircle’s official website, under MyProfile - Terminate MyAccount
(https://recircle.com.my/portal/profile). Buyer
acknowledges and accepts that the refund shall only be transferred back to
Buyer’s company account.
8. USER’S REPRESENTATIONS
8.1. If User is an individual, you are at least eighteen (18) years of age;
8.2. If User is a sole proprietor, partnership or company, you are a business, partnership or company that is registered in the Companies Commission of Malaysia under the in the laws of Malaysia;
8.3. Your use of
this App and Services do not violate any agreement, applicable laws or
regulations that you are subjected to;
9. USER’S RESPONSIBILITIES
9.1. User shall ensure that all information, details, quantity, and images posted or uploaded on the App are correct and accurate.
9.2. User agrees that all information and/or
content including but not limited to images, graphics, description, text etc.
posted on the App are correct and accurate and that User shall not post or
upload any information and/content including but not limited to images,
graphics, description, text etc. which are false, threatening, illegal,
fraudulent, threatens national security, seditious, defamatory, immoral,
indecent, offensive or breaches any laws and regulations.
10. RECIRCLE REWARDS SYSTEM
10.1. Recircle shall reward each User who has successfully completed a contract or transaction with a Buyer using the App by allocating points calculated in accordance to the points system set out in the FAQ.
10.2. Each User with sufficient points will be able to redeem a gift (subject to availability) via the App. Once a User selects a gift, the relevant points for the redemption of the gift will be automatically deducted from the User’s account. The selected gift will thereafter be sent to the User at the address stated by the User in the Redemption Form within fourteen (14) days.
10.3. Recircle will be using a courier service to deliver the gifts and the costs of delivery of the gifts will be deducted from the User’s points. The points to be deducted from the User’s account for the cost of delivery of the gifts are as set out in the FAQ.
10.4. In the event of any loss or damage to the gifts or in the event the User is unable to receive the gifts for any reason whatsoever, User shall inform the relevant postal service accordingly. Recircle shall no longer be responsible or liable for any loss or damage to the gift once the gift is sent to the relevant postal service.
10.5. If User prefers to collect the gift from Recircle, User will have to contact Recircle Team at least three (3) days in advance and arrange with Recircle for a suitable time to collect the gift from Recircle’s premises.
10.6. If User does
not wish to redeem a gift from the available points accumulated using the App,
User may request for the points to be converted into cash value calculated in
accordance to the following formula as set out in the FAQ:
Points x 0.01 = Cash
Amount
and Recircle shall bank-in the relevant cash amount into User’s bank account within five (5) working days. User acknowledges and accepts that it shall be fully responsible to provide the correct and accurate bank details on the cash redemption page and that Recircle shall not be responsible or liable for any compensation, loss or damage (directly or indirectly), resulting from User’s error in completing the cash redemption page.
10.7. All points or
cash value obtained via the App are strictly non-transferrable.
11. BUYER’S REPRESENTATIONS
11.1. If Buyer is a sole proprietor, partnership or company, you are a business, partnership or company that is registered in the Companies Commission of Malaysia under the in the laws of Malaysia;
11.3. Your use of this App and Services do not violate any
agreement, applicable laws or regulations that you are subjected to;
12. BUYER’S RESPONSIBILITIES
12.1. Seller agrees that all information and/or content
including but not limited to images, graphics, description, text etc. posted on
the App are correct and accurate and that it shall not post or upload any
information and/content including but not limited to images, graphics,
description, text etc. which are false, threatening, illegal, fraudulent,
threatens national security, seditious, defamatory, immoral, indecent,
offensive or breaches any laws and regulations.
13. PAYMENT AND COMMISSION TO RECIRCLE (BUYERS)
13.1. Buyer understands and agrees that Buyer has to deposit a minimum sum of RM 10.00 into Recircle’s bank account and wait for Recircle’s confirmation of payment before Buyer can start making offers for any items placed via the App by Users.
13.2. Buyer understands and agrees that Buyer will not be able to view or get any notifications with regard to Users’ recycling requests if Buyer’s credit at any point in time is less than RM 10.00.
13.4. Once a transaction or contract between a Buyer and Seller is Completed pursuant to 13.2, Recircle shall deduct a fee amounting to 10% of the transacted or contracted amount between Buyer and Seller from the Buyer’s account as Buyer’s fees for using the App.
13.5. Buyer understands and agrees that it can only but forth an offer on the App, for the price for which there is sufficient money in their account for the 10% commission to be deducted by Recircle.
13.6. Buyer understand and agrees that it shall be solely responsible to ensure that its account has sufficient amount of money deposited with the App to ensure that it is able to make offers via the App without interruption.
14. DISPUTES
14.1. In the event of any dispute between the Buyer and Seller, Buyer and Seller agrees to communicate directly between one another to resolve the dispute.
14.2. Buyer and Seller understands and agrees that it will
not bring any complaints, legal suits, actions, claims or otherwise against
Recircle or its affiliates in relation to any negotiations, transactions,
contacts made via the App, including any resulting disputes between the parties.
15. INDEMNITY
15.1. You agree to indemnify, defend and hold harmless
Recircle, its shareholders, subsidiaries, affiliates, directors, officers,
employees, agents etc. from and against any and all complaints, claims,
actions, proceedings, suits, damages, loss, etc. howsoever caused, whether
direct or indirect, arising from any connection, negotiation, transaction or
contract made via the App.
16. SEVERABILITY
16.1. If any provision in these Terms and Conditions are
deemed unlawful, void or unenforceable under the law, that provision shall be
deemed servable from the remaining Terms and Conditions and shall not affect
the validity and enforceability of any remaining provisions.
17. GOVERNING LAW
17.1. These Terms and Conditions shall be governed by and construed
in accordance to the laws of Malaysia