Recolight Reuse Hub Terms of Use and Conditions of Use

Access to the Website, and its content or any materials made available on or through the Website (“Materials”) is permitted on a temporary basis. We may suspend, withdraw, or restrict access to, or change the Website or any Materials, without notice and without liability.

The Website is only made available for use in the United Kingdom. If you are not located within the United Kingdom please cease use of this Website.

We also reserve the right to restrict certain areas of the Website to users who are registered customers of the Website. You shall not access or attempt to access any part of the Website or any Materials that you are not authorised to access.

You shall ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them. 

Access to and use of certain parts of the Website is restricted to registered users of the Website.  Please note that access to parts of the Website is reserved for registered users.

Subject to our right to refuse registration at our absolute discretion, you may register with us on behalf of your business as:

(a)  a Donor;

(b)  a Applicant; or

(c)  a Remanufacturer.

When you register as a Donor you agree to be bound by all obligations on Donors as set out in these Terms of Use. When you register as an Applicant you agree to be bound by all obligations on Applicant as set out in these Terms of Use. When you register as a Remanufacturer you agree to be bound by all obligations on Remanufacturers as set out in these Terms of Use.

We are not obliged to accept any request for registration and may accept or reject any such request in our sole discretion.

The individual who submits each registration form confirms that they are authorised to register on behalf of the person specified in the registration form.  For example, if you register on behalf of a company, charity, partnership or other body, you confirm that you are authorised to do so.

Both the person (e.g. the company) in respect of whom the registration is submitted and the individual (e.g. the employee of that company) who submits the information concerned shall ensure that all information submitted to us is true, complete and accurate in all respects and is not misleading in any way.

When you register you may choose your own username and password.  If we accept your registration, we will confirm the username that you have selected, or if you choose a username that is in use or inappropriate, you will be asked to choose another username.

You must at all times keep your password and username confidential.  You must notify us immediately of any unauthorised use of your username or password, or of any breach of security known to you.  We can require you to change your username and/or password for security reasons at any time. 

If you wish to change your password you may contact us and do so.  You must notify us immediately if any employee who has been provided with any username and password ceases to be employed by you, in order that we can disable the account.

You are responsible for all activities which occur under your username and password, save where such activities occur as a direct result of our own negligence.

When registering as a Applicant or Remanufacturer or making use of the Website in the capacity of a Applicant or Remanufacturer, you acknowledge that you do so in the course of your business or profession and that you are not acting as a consumer. You acknowledge and agree that the Website is not intended for use by consumers.

The Applicant or Remanufacturer shall:

1. carry out all necessary due diligence in relation to the Products;
2. be liable for all Products from the point at which it takes delivery of such Product from the Donor; and
3. as soon as reasonably possible after it has received the Products, carry out all tests required by law to ensure the Products are safe for their intended use and to ensure that the Products are compliant with law.
   
   

   The Applicant or Remanufacturer shall indemnify Recolight in full and on demand from and against any and all losses, liabilities, costs, expenses, damages (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Recolight arising out of or relating to any Products obtained by the Applicant or Remanufacturer through the Website, including claims from Donors, Applicants, Remanufacturers or any other third parties in relation to those Products. This indemnity shall not apply to losses that are caused solely and directly by Recolight’s negligence or wilful misconduct.

We have prepared a template terms of donation document (“Terms of Donation“) (available at [LINK]) which can be used as the basis for negotiations and discussions between Donors and Applicants or Remanufacturers. Both the Donor and the Applicant or Remanufacturer acknowledge and agree that:

1. the Terms of Donation are provided free of charge as a template which can be revised and negotiated by the parties and are provided for assistance purposes only;
2. the Terms of Donation were not prepared with any specific Product in mind; and
3. to the extent permitted by law, Recolight shall not have any liability for any use made by either party of the Terms of Donation.

Recolight do not give legal advice and cannot and do not give any warranty or guarantee that:

1. the Terms of Donation represent a fair bargaining position for the Donor, the Applicant, or the Remanufacturer; or
2. the Terms of Donation are compliant with law or will be valid or legally enforceable if put before a court.

The Donor and the Applicant or Remanufacturer are advised to take legal advice before entering any agreement in relation to the Products or making use of the Terms of Donation.

The Donor and the Applicant or Remanufacturer shall indemnify Recolight in full and on demand from and against any and all losses, liabilities, costs, expenses, damages (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Recolight arising out of or relating to any use of the Terms of Donation, including claims from Applicants, Remanufacturers or any other third parties in relation to the Terms of Donation. This indemnity shall not apply to losses that are caused solely and directly by Recolight’s negligence or wilful misconduct.

We may:

(a)  change these Terms of Use from time to time. You agree that your continued use of the Website following such change shall be deemed to be your acceptance of such change. You should check back here regularly as you will be bound by these Terms of Use every time you visit the Website. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website;

(b)  investigate any complaints relating to the Website and take any action that we believe is appropriate (which may include, but is not limited to, removing any materials from the Website);

(c)  withdraw any offer for any Products at any time in our absolute discretion;

(d)  suspend any user account at any time in our absolute discretion; and

(e)  withdraw the Website at any time in our absolute discretion.

The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for any reason.

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed and Recolight is not responsible for any information posted or provided by any Donor, Applicant, or Remanufacturer.  We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

The Website and the Product information it contains is provided, on an “as is” and “as and when available” basis without any representation or endorsement and we make no guarantees or warranties of any kind, whether express or implied, in relation to the Website, its content or any services offered on the Website. 

In particular, we make no warranties that the Website, its content or any services offered via the Website will meet your requirements or will be uninterrupted, timely, secure or error-free.  We also give no guarantee or warranty that defects will be corrected, or that the Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. If a fault occurs on the Website you should report it to reuse@recolight.co.uk and we will attempt to correct the fault as soon as we reasonably can. We can withdraw or cease operating the Website entirely at any time in our absolute discretion.

Whilst we will use reasonable endeavours to verify the accuracy of any information that we place on the Website, we make no guarantees, warranties or representations, whether express or implied in relation to its accuracy.  Please note that we do not verify the accuracy of any materials provided by third parties (including Donors, Applicants and Remanufacturers) and we refer to the section [Links to Other Websites & Third Party Advertising] of these Terms of Use below in respect of such information.

Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law. 

References to liability in these Terms of Use include every kind of liability arising under or in connection with the Terms of Use including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Our total liability to any Donor, Applicant, Remanufacturer or other business user arising out of or in connection with these Terms of Use (including for breach) and the Website shall not exceed £1000.

We will not be liable to any Donor, Applicant, Remanufacturer or other business user for any of the following losses (whether direct or indirect) arising out of or in connection with these Terms of Use (including for breach) and the Website:

• profits;
• revenue;
• contracts;
• anticipated savings;
• data;
• goodwill;
• wasted expenditure; or
• any indirect or consequential loss.

If you are a consumer, we will not be liable to you for any losses that are:

• Unexpected. It was not obvious that it would happen and nothing you said to us meant we should have expected it (so, in the law, the loss was unforeseeable).
• Avoidable. Something you could have avoided by taking reasonable action. For example, damage that could have been avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
• A business loss. A loss that relates to your use of a product for the purposes of your trade, business, craft or profession.

Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting from causes beyond our reasonable control. Events beyond our reasonable control include, without limitation, internet, telecommunications and computer equipment failures, labour disputes, civil disturbances, fires, storms, governmental actions and orders of domestic or foreign courts or tribunals.

You acknowledge and agree that all intellectual property rights (including but not limited to patents, registered designs, design rights, copyright, database rights, trademarks, service marks, rights and goodwill in trade or business names, and rights in inventions, know-how and trade secrets) in all Materials and content contained within the Website, including the design, text, graphics and arrangement of items, shall remain at all times owned by us or our licensors. You are permitted to use these Materials and content only as expressly authorised by us.

You acknowledge and agree that the Materials and content contained within the Website are made available for your personal or internal business use only. You may print off copies and download a reasonable amount of extracts, of any page(s) from the Website or any Materials, provided you keep intact all copyright and other proprietary notices and comply with any identified attribution requirements. No Materials published by us on this Website, in whole or in part, may be used, copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from us. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may breach copyright, trade mark and other similar laws.

You shall not modify any hard paper or digital copies of any part of the Website or any Materials that you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

You shall ensure that the status of us, our licensors and of any identified contributors, as the authors of the Website or any Materials, is always acknowledged.

You shall not download, reproduce, duplicate, copy or distribute any part of the Website or any Materials other than as expressly permitted by these Terms of Use without our prior written consent.

All names, images and logos identifying us are proprietary marks of Recolight. All third party brand, product, service and company names contained on this Website are the trademarks, service marks and trade names of their respective holders.  We do not give permission for their use by any person other than the holders.

These Terms of Use will be exclusively governed by and construed in accordance with English law.  The English Courts will have exclusive jurisdiction in any dispute, save that if you are a consumer, you will have the right to commence and pursue proceedings in other jurisdictions.

We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will seek to ensure that the transfer will not affect your rights.

Donors, Applicants, Remanufacturers or other business users cannot transfer or assign their rights or obligations under these Terms of Use.

If any part of these Terms of Use is found to be invalid by any court or other regulatory or competent body, the invalidity will not affect the rest of the Terms of Use, which shall remain in force.

Any notices or communications that you send to us should be sent to reuse@recolight.co.uk.

In these Terms of Use, the following rules of interpretation shall apply: