Terms Of Use

Recycle Benelux B.V. (“Recycle Benelux”, “we”, “our” or “us”) maintain websites and mobile apps (collectively, the “Sites”) which provide services and information to you subject to the following terms and conditions (“Terms of Use”). These Terms of Use govern your use of the Sites and other digital content services, such as mobile device connectivity. Please read these Terms of Use carefully. Your use of the Sites signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other Recycle Benelux services or business transactions.

ELECTRONIC COMMUNICATIONS

When you visit the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MOBILE ACCESS

 

Use of Mobile Devices. If you use a mobile device to access the Sites, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.. By accessing or using any Sites via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.

 

 

PRIVACY

Our Privacy Policy available at https://recyclebenelux.com (“Privacy Policy”) governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Sites you agree to the practices described in our Privacy Policy.

MINORS

The Sites are not intended for use by anyone under age 13. By accessing, using and/or submitting information to or through the Sites, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the Sites under the supervision of his/her parent or a legal guardian.

USERS AND ACCOUNTS

To use certain features of the Sites, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify us if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Sites. We do not guarantee that the Sites are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Sites or any component of them and to block or prevent future access to and use of the Sites and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Sites will survive such termination.

LIMITED USAGE RIGHTS

The Sites are owned by Recycle Benelux and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites. You may not save or archive a significant portion of the material appearing in or on the Sites. All rights not expressly granted herein are reserved by Recycle Benelux.

INTELLECTUAL PROPERTY

 

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Sites are registered and unregistered Trademarks of Recycle Benelux, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Sites, without the prior, express written consent of Recycle Benelux, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing Recycle Benelux’s or its affiliates’ name or Trademarks without the express written consent of Recycle Benelux, its affiliates, or third-party licensors. All rights reserved.

 

Sites Materials. All Trademarks, and materials displayed on, or contained within the Sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “Materials”), are the property of Recycle Benelux, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Sites and the Materials are the property of Recycle Benelux, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Sites or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of Recycle Benelux or its affiliates without the express written consent of Recycle Benelux.

Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in these Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Sites, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Sites, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Sites, including, but not limited to, the Materials. No portion of the content on the Sites may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

PERMISSIBLE USE

You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) 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 our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.

YOUR OBLIGATION

By using the Sites, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with Recycle Benelux; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Sites; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Sites.

If you are under the age of majority, you may use the Sites only with permission and involvement of a parent or guardian. Recycle Benelux and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

NO ENDORSEMENT OF THIRD PARTY SITES

The Sites may contain links to or references to third party websites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall Recycle Benelux be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. Recycle Benelux also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.

COPYRIGHTS

For claims of infringement related to materials found on our Sites,  we can be reached at  BeneluxPrivacy@wm.com.

TERMINATION / REMOVAL

Recycle Benelux may, in its sole and absolute discretion, terminate your password, account (or any part thereof) or your access to the Sites, or remove and discard any of your Postings, communications transmitted by you, or information stored, sent, or received via the Sites without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Sites with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Sites, (iii) any other access or use of the Sites except as expressly provided in these Terms of Use, (iv) any violation of these Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Sites, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Sites, (vi) failure to use the Sites or portion thereof on a regular basis, or (vii) submitting Postings that are off topic or not in accordance with the mission or best interest of the Sites. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which Recycle Benelux may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Recycle Benelux and its licensors.

DISCLAIMER OF WARRANTIES

Recycle Benelux and its affiliates attempt to be as accurate as possible. However, Recycle Benelux does not warrant that descriptions of services or other content on the Sites are accurate, complete, reliable, current, or error-free. Neither Recycle Benelux nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

THE SITES ARE PROVIDED BY RECYCLE BENELUX AND ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RECYCLE BENELUX, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. RECYCLE BENELUX AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM RECYCLE BENELUX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

RECYCLE BENELUX, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. RECYCLE BENELUX AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.

RECYCLE BENELUX AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. RECYCLE BENELUX AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL RECYCLE BENELUX, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, RECYCLE BENELUX’S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF RECYCLE BENELUX OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RECYCLE BENELUX, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend and hold Recycle Benelux and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. Recycle Benelux reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Recycle Benelux’s defense of such claim. Recycle Benelux and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Sites.

RELEASE

All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Sites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. Recycle Benelux reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Recycle Benelux or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

We do not make any representations that the Sites or any services offered via the Sites are available or appropriate for use in your location. Your use of or access to the Sites should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.

MISCELLANEOUS

Please review other policies posted on the Sites. These policies also govern your visit to the Sites. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

UPDATES/CHANGES

We reserve the right to amend these Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Sites. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Sites, via e-mail or any other means; provided, however, that any changes will not apply retroactively to any dispute arising prior to the time of the change. You agree to the new posted Terms of Use by continuing your use of the Sites. You agree to review these Terms of Use periodically and your continued use of the Sites following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using
the Sites.

CONTACT RECYCLE BENELUX

If you have any questions regarding these Terms of Use, you can contact us by email at BeneluxPrivacy@wm.com.

Last Updated February 1, 2023.