The Recolight Reuse Hub and the circularplace.org website (collectively, the “Website”) are operated in the UK by Recolight Limited, a company registered in England and Wales (“Recolight” “we“, “us”, “our”, etc.).
Recolight company details are as follows:
Company number: 05496729
Main Trading Address: Airport House, Purley Way, Croydon, Surrey, CR0 0XZ
VAT number: 882 2447 10
Your attention is drawn in particular to the indemnities given by Donors, Applicants and Remanufacturers and the section entitled ‘our liability to you’.
Day to day operation of the Website is subcontracted by Recolight to AMBI WASTE SERVICES, S.L, Avenida de Burgos, 17, 9º derecha, Madrid, CP 28036.
If there is anything that you do not understand please feel free to email any enquiry to us here: re-use@Recolight.co.uk.
The Website is a non-profit initiative of Recolight. Through the Website, companies (“Donors”) can make electrical products (i.e. light bulbs, lamps, luminaires, low voltage electrical installation material, measurement and control equipment, etc.) (“Products“) available for collection free of charge. Companies wishing to receive the Products (“Applicants”) or receive and then potentially remanufacture the Products (“Remanufacturers”) can use the Website to browse Products and to contact Donors in order to arrange for the delivery or collection of Products.
Any contract for the donation of Products is made separately between the Donors and Applicants or Remanufacturers. Recolight does not review information provided in relation to Products or carry out any vetting in relation to Products or information provided in relation to them. Recolight does not give any warranty, guarantee or commitment in relation to Products.
To the fullest extent permitted by law, Recolight excludes all liability in relation to any Products.
Accessing the site
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.
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.
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.
You will not:
(a) use the Website for any illegal purpose and you agree to use the Website in accordance with all relevant laws;
(b) upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character;
(c) use the Website in a manner which: (i) may cause the Website to be interrupted, damaged or rendered less efficient; or (ii) breaches the rights of any other person (including, but not limited to, rights of intellectual property, confidentiality or privacy);
(d) use the Website in order to transmit, or procure the sending of any unsolicited or unauthorised advertising, promotional or other materials of any nature (spam);
(e) use the Website in order to interfere with, damage or disrupt the Website, any other website, or any computer equipment, network, systems or software. Interference, damage and disruption shall include, without limitation:
- knowingly transmitting any data, or sending or uploading any material that contains viruses or technologically harmful material; or
- denial of service attacks or distributed denial of service attacks; or
- accessing any website, computer equipment, network, systems or software that you are not authorised to access;
(f) create or publish a hypertext link to any part of the Website without our express written consent;
(g) use any of the content of the Website or any of our names, logos, brands or marks without our express written consent;
(h) use any of the content of the Website (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes or for the training of any such machine learning or artificial intelligence, or for any technologies designed or intended for the identification of natural persons; or
(i) attempt any unauthorised access to any part of the Website.
You agree that, in the event that you have any right, claim or action against any third party arising out of that third party’s use of the Website, then you will pursue such right, claim or action independently of us.
Where applicable, we will report any criminal offences committed by you, in breach of the above provisions, to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of any such breach, your right to use the Website will cease immediately.
Obligations of donors
When registering as a Donor or making use of the Website in the capacity of a Donor, 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.
When advertising Products through the Website, Donors shall:
- only make Products available from locations within the United Kingdom;
- provide, to the extent that it is available, all relevant information regarding the Product;
- ensure that the information it provides is, to the best of their knowledge, accurate and up to date;
- only make available Products which require either no repair or only minor repairs in connection with their use or reuse; and
- disclose any relevant deficiencies, restrictions and requirements that relate to the Product.
The Donor shall not:
- offer any Product that it does not own or does not have permission or authorisation to make available through the Website;
- charge any fee or receive any other kind of consideration for the Products;
- offer any Product which was not compliant with all applicable laws at the time that such Product was placed on the market.
The Donor 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 made available by the Donor on the Website, including claims from 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.
The Donor hereby grants Recolight a royalty free, perpetual, irrevocable licence to use all intellectual property rights in and to the materials and information posted by the Donor on the Website.
6. Obligations of applicants and remanufacturers
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:
- carry out all necessary due diligence in relation to the Products;
- be liable for all Products from the point at which it takes delivery of such Product from the Donor; and
- 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.
Terms of donation
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:
- 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;
- the Terms of Donation were not prepared with any specific Product in mind; and
- 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:
- the Terms of Donation represent a fair bargaining position for the Donor, the Applicant, or the Remanufacturer; or
- 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.
(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.
Availability of website & reliance on information on site
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 email@example.com 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.
Our liability to you
- anticipated savings;
- 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.
11. Limited rights to use content on the website
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.
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.
Uploading information to the website
Any information you submit to any public forum that we make available on the Website, will be considered non-confidential and non-proprietary, and you agree that we have the right to use, copy, distribute and disclose to third parties any such content for any purpose, including an absolute right to reproduce any comments, photos or other images that you submit to any public forum that we make available on the Website.
We reserve the right in our absolute discretion to remove from the Website any content uploaded by you and to suspend, withdraw, restrict or change your rights to upload further content and/or contact other users of the Website as we see fit and without liability to you. You will also be liable to us for any loss or damage we suffer as a result of your breach of the Acceptable Use Policy.
By submitting material to any public forum that we make available on the Website, you confirm that you own any intellectual property in such materials or that you have permission from the owner. You further agree that you have obtained the informed consent of any subjects of any images. You hereby waive any moral rights you may have in relation to such content and you agree that you have obtained waivers of any such moral rights from any third parties involved in the creation of that content.
Links to other websites & third party advertising
We may, from time to time, provide links to other websites and/or include adverts relating to third party products or services on the Website. You acknowledge and agree that we are not liable or responsible for the availability of such other sites or for any information, products or services offered by any such third parties that are advertised on the Website.
You acknowledge and agree that we have not verified or vetted any information, services or content available on third party content or websites and that by including any such links or adverts on the Website we are not making any endorsement of those websites or the information, products or services available on or through such websites.
Any notices or communications that you send to us should be sent to firstname.lastname@example.org.
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors and permitted assigns.
(c) A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
(d) Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.