Specific Terms and Conditions for the RECAPP Services
Version no.1.1

Last updated on: the 12th of March 2024

These Specific Terms and Conditions for the RECAPP Services (the “Specific Terms”) are entered into by and between the Provider and the Customer (as defined in the End-User Agreement) following or alongside the subscription and acceptation of the End-User Agreement.     

These Specific Terms supplement the End-User Agreement for those terms and conditions which are specific to the RECAPP Services. For the avoidance of doubt, the terms of the End-User Agreement are incorporated by reference into these Specific Terms. Together with the End-User Agreement and the Order(s), and their respective appendices, the Specific Terms form the agreement (the “Agreement”) entered into by and between the Provider and the Customer for the purpose of the Services set out herein. 

In case of any discrepancy or contradiction between the provisions of the present Specific Terms and the End-User Agreement, these Specific Terms shall prevail. 

Any term or expression starting with a capital letter used and not defined herein shall have the same meaning as set forth in the End-User Agreement, unless otherwise stated hereinafter. 

1. PURPOSE

The purpose of these Specific Terms is to set forth the terms and conditions pursuant to which Customer may subscribe and be provided with the RECAPP Services, in accordance with the Agreement. 

2. DEFINITIONS

In addition to the definitions set out in article 1 (Definitions) of the End-User Agreement, the following definitions shall apply specifically to the RECAPP Services:

“Account” means the personal account to be created by Customer on the RECAPP website before issuing any Order in accordance with the terms set forth herein. 

“Collectors” are the personnel facilitating and providing the collection services of the recyclable waste, the One-time Recycling Box and-or the RECAPP plastic bags employed with and on behalf of Provider in accordance with the Agreement.

“Hardware” means any waste container and associated equipment and/or product incl. the One-time Recycling boxes and Recycling Boxes for subscription that may be purchased by Customer from RECAPP for containing authorized recyclable waste, in accordance with the terms set forth herein.

“One-time Recycling Box” means the box that may be purchased by Customer on the RECAPP website to be filled with authorized recyclables and then collected by Collectors in accordance with these Specific Terms.

“Order” means either an Order Form as this term is defined in article 1 of the End-User Agreement or an order issued by Customer on the RECAPP website relating to the purchase of any RECAPP Service, Hardware and/or other services as made available on the RECAPP website, as the case may be.

“RECAPP Services” as a supplement to the definition set forth in the End-User Agreement, mean the (a) access to the RECAPP website, (b) services and the Hardware made available to Customer on the RECAPP website as well as the (c) collection services provided by Collectors, in accordance with the terms herein, it being specified that Customer may order one or more of the RECAPP Services.

"Recycling Box for subscription" means the Hardware that is included in a Subscription and can also be purchased separately as an extra. Recycling box for subscription differs from One-time Recycling Box as the box is not collected by the Collectors (only recyclables are collected)

“Subscription” means a monthly subscription (minimum commitment of 3 installments as mentioned in the product details ) for one or more RECAPP Services that Customer may purchase on the RECAPP website consisting of shipping and delivery to Customer of one or several Recycling boxes for subscription and the collection of the recyclables. Such subscription enables Customers to request a certain number of collections per month online on the RECAPP website as further described in Exhibit 1 hereinafter.

“Premium” means a monthly subscription (minimum commitment of 3 installments as mentioned in the product details) for individuals only for more RECAPP Services that Customer may purchase on the RECAPP website consisting of shipping and delivery to Customer of one or several Recycling boxes for subscription and the collection of the recyclables with premium advantages described in the product details (https://www.gorecapp.com/go-premium-product.html) 

3. DESCRIPTION OF THE SERVICES

On the RECAPP website, the Customer can purchase and/or be provided with the following Services:

3.1. Purchase of a Subscription, a Recycling Box for subscription or a One-time Recycling Box: 

Purpose

On the RECAPP website the Customer can order certain services and/or Hardware as the case may be, available at: https://www.gorecapp.com 

Access

In addition to article 6 “Prerequisites” of the End-User Agreement, the following terms shall apply. When subscribing any Service and/or Hardware made available on the RECAPP website, the Customer is required to open and register an Account by providing the following information:

• First Name, Last Name, Company Name
• Country, City, Area, Building
• Trade license number and TRN number
• The Customer shall be responsible for maintaining the security of its Account and will be fully responsible for all activities that occur under the Account and any other actions taken in connection with it.

Ordering process

Once Customer has completed the above mentioned requirements, Customer may purchase certain services and/or Hardware as made available on the RECAPP website by issuing an Order within the limits of available stocks.

Each Order will be deemed submitted by Customer and related to the provision of certain services and/or Hardware as described herein and on the RECAPP website. Customer will:

• choose the type and quantity of the service/Hardware desired
• add the type and quantity of the service/Hardware desired in order to add them to the basket.

Any Order is deemed to be an acceptance by the Customer of the prices and the Agreement including these Specific Terms.

The submission of an Order by Customer requires him to fill in the contact details of Customer, place of delivery, billing address, and payment of the total amount of the Order.

The payment is made through Stripe Payments. Once the payment procedure is completed, Customers will be automatically redirected to the RECAPP website to confirm the Order.

Once issued by Customer, the Order may only be modified or canceled within 24 hours as from confirmation of the Order.

Collection Management

Should the Order include one or periodic collections of authorized recyclable, Customer is granted access to an interface where the Customer can manage the collections. 

The Customer should make sure there is a sufficient volume of authorized recyclable before requesting a collection:

• for One-time Recycling box: the box should be full.
• for Subscription: 2 Recapp plastic bags full as a minimum to request a collection. 

The Customer will, prior to collection, initiate requests for collection and Provider shall within 24 hours, schedule appropriate pick-up by the Collectors at the designated address of the Customer. 

The Customer agrees that all waste material should be placed in the waste storage containers specifically marked and provided for them where applicable. If no containers have been provided, all waste material should be placed in containers suitable for the waste. 

One-time Recycling Boxes and authorized recyclables collected as part of a Subscription will be collected from a suitable, safe access point to the premises by the Collectors.

A collection may be canceled at least 24 hours before the pick-up scheduled time. Then the Customer needs to initiate a new request for collection. 

Provider 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 Customer are incorrect or inadequate for collection. 

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 Specific Terms or any guidelines, rules, regulations or laws applicable to the Provider at the time of collection. 

In case:

• The collection is canceled within 24 hours from the pick-up scheduled time;
• Provider can not proceed with the collection due to incorrect or inadequate address or contact details provided by the Customer;
• Collection is rejected by Collectors due to inappropriate contents or substances;

then the following conditions shall apply:

• For Subscription Order: the collection will be deducted from the total number of collection waste included in the Subscription of Customer or will be invoiced to Customer should it be an “extra collection of waste”.
• For One-time Recycling Box Order: the Customer will be invoiced for an extra collection. 

The Customer will only dispose of authorized recyclables in the Hardware and will at all times comply with any and all applicable laws and regulations regarding the disposal of waste .

The Customer will display a high professional standard of conduct at all times, including, without limitation, in terms of language, conduct and appearance with the Collectors.

Conditions of use

Customer shall ensure that:

• the One-time Recycling boxes are filled only with the authorized recyclables as described in the product specifications which are further detailed in Exhibit 1. If not, Collector can not ensure the content is collected;
• the material collected as part of a Subscription should only be composed of the authorized recyclables as further described in Exhibit 1. Collector is entitled to  abstain from collection of the waste that does not comply with such requirements;
• Recyclables should be in the appropriate conditions as described in Exhibit 1 (in terms of cleanliness for instance).

In addition, the Customer warrants and agrees that at all times the waste materials that the Customer presents for removal pursuant to these Specific Terms shall exclude any materials and substances that are hazardous, chemical or industrial in nature. 

Purchase conditions of the Hardware

Delivery of the hardware

Recycling Boxes for subscription and their related plastic bags, and One-time Recycling Boxes are delivered at the Customer’s designated address. 

Retention of title and risk transfer

Title to the Hardware  shall remain with the Provider until full payment of the concerned invoice by Customer has been received by the Provider. In case of non-payment of all or part of the invoices on their due date, the Provider shall have the right to immediately reclaim the concerned Hardware.

The Provider shall bear the risk of loss or damage to any Hardware, until it is delivered to the Customer. Thereafter, the Customer assumes the risk of loss or damage of the Hardware, including those that may have resulted from the transportation of the Hardware but weren’t noted with the carrier upon delivery, and the Customer shall bear all related losses and liabilities.

Warranty

Provider warrants to the Customer that the Hardware purchased by Customer comply with the terms and specifications of these Specific Terms as well as with all laws, regulations and rules in force at the date of delivery of the Hardware.

The duration of the warranty is 30 days starting from the delivery date of the Hardware to Customer. 

Provider also warrants that the Hardware delivered shall, at the time of delivery, be  free from defects in design, material and workmanship.

Under the warranty provided herein, Provider shall, at its own expense and at its sole discretion:

repair or replace, free of charge, the Hardware or part thereof that are defective and return them to the Customer within a reasonable delay as from receipt of said Hardware by Provider;
should the Hardware not be replaceable or repaired, Provider shall reimburse to Customer the price paid for said Hardware.

The foregoing warranties do not apply to Hardware outside any normal use or service or Hardware that is modified or damaged by the Customer.

Monitoring the impact
Once an Order is issued, the Customer is granted access to a dashboard that monitors the volume of collected recyclables and the environmental impact.

3.2. Use of the Widget

Purpose

The Widget (as defined in the End-User Agreement) is included on the RECAPP website and enables users to have an overview of the public collection locations in order to drop off specific waste.

Access

The Widget is accessible to every user, there is no need to create an Account. 

The embedding functionality

Companies or public authorities have the possibility to embed the Widget in their own website. To do so they shall request it by using the contact form available under the Widget on the website. 

Recapp Brand Program

The Recapp Brand Program is a program whereby companies or public authorities have the possibility to grant to Customer a reward, offer or promotion when Customer uses their drop-off locations, for no consideration from Customer and through the Recapp website, the Widget and the Recapp Mobile Application. Any company or public authority willing to participate in the Recapp Brand Program must enter into a separate agreement with Provider so as to set forth the terms and conditions pursuant to which these companies and public authorities may make available to Customer their offers, drop-off locations through Provider’s own Services. This functionality aims to incentive Customers' eco-behavior and to create footfall on their premises. To do so they have to be involved in a Recapp Brand Program (information and contact form are available on the Recapp website). Terms and conditions related to the granting and use of the rewards, offers or promotions are governed by the terms and conditions of the relevant companies or public authorities involved in the Recapp Brand Program. Therefore, Provider shall in no way be responsible for the management, terms of use of such rewards, offers and promotions and/or any claim that may arise out of or in connection with the Recapp Brand Program.   

4. FINANCIAL CONDITIONS 

In consideration of the Services and/or Hardware provided by Provider, Customer will pay to Provider the price indicated for each Service and/or Hardware as indicated on the RECAPP website.

Prices indicated on the RECAPP website are applicable for the period during which they are online and within the limits of available stocks, it being specified that Provider reserves the right to modify its prices at any time and will notify Customer at least thirty (30) days before such changes apply. Should Customer not agree to the price change, Customer may terminate the Agreement and/or any Order before the price change becomes effective.

The prices are expressed in United Arab Emirates dirham (AED) and are exclusive of taxes.  The taxes in force are invoiced in addition. 

The final price is that which appears on the invoice transmitted with the confirmation of Order and sent on the address e-mail of the Customer indicated at the time of the Order. 

The payment of the price is due upon conclusion of the Order and shall be deemed as validation of the Order.

Any unjustified delay in the payment of an invoice by the due date shall entail the application of late interest charges assessed at a rate equal to three times the legal interest rate.

Invoices are payable by wire transfer, following the indications given by the RECAPP website.

5. LOCAL LAWS PROVISIONS

Customer remains solely responsible for complying with the applicable laws and regulations regarding waste disposal.

6. PERSONAL DATA PROTECTION

We are committed to treating your privacy with respect, fairness, transparency and integrity, honoring the trust you place in us. 

We will be transparent with you through these Specific Terms and during our interactions with you. We will only use your personal data to provide you our services, for legitimate business purposes, to fulfil legal obligations, to keep you safe and where you tell us it’s ok. We will only send you marketing messages if you tell us to do so. We will keep your personal information secure. We will respect your rights to control the personal information you share with us. We only collect, process, use, share and store your personal information where we are satisfied that we have an appropriate legal basis to do so. We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and fully managed to protect your privacy rights and interests. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. Recapp makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. Recapp may share the address, phone number, and other required info with partners but only to the extent needed for fulfillment of your orders or rewards. If during a period of 12 months, the user does not connect to the App, all its personal information will be deleted from the App database and the points collected and not redeemed will be lost.

7. 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.

8. 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.

List of Appendices:

• Exhibit 1 – Description of the Services and Hardware

Exhibit 1 – Description of the Services and Hardware