TERMS OF USE - RESILOOP ONLINE WEB PORTAL AND APP
THESE TERMS OF USE ("TERMS") PROVIDE AND CAPTURE IMPORTANT LEGAL INFORMATION ABOUT THE LICENSE TO USE AND ACCESS THE APPLICATION [AS DEFINED BELOW] AND THE CONDITIONS OF YOUR USE OF THE APP AND ONLINE PORTAL. THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN RESILOOP AND ALL VISITORS, LEGAL ENTITIES, USERS, AND OTHERS WHO ACCESS AND/OR USE THIS APP AND ONLINE PORTAL (“USER(S)”, “YOU”, “YOUR”).
BY ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILAR BUTTON) OR BY ACCESSING OR USING THIS APP AND ONLINE PORTAL, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS OR USE ALL OR ANY PORTION OF THE APP AND ONLINE PORTAL AND SHOULD DELETE ANY VERSIONS OF THE APP AND ONLINE PORTAL.
IF YOU CONTINUE TO USE THIS APP AND ONLINE PORTAL, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.
We, RESILOOP, with its registered office at 1.02 Junction Business Centre, 22 St Kilda Road, St Kilda VIC 3182, (“ResiLoop”, “We”, “Us”, “Company”) are the owners of the App and Online Portal. The App and Online Portal facilitates the collection, transportation, and recycling of waste flooring materials, providing comprehensive data management and reporting capabilities.
1. DEFINITIONS
1.1. "Add-on Features” shall refer to additional features made available on the App/Online Portal for additional costs as may be notified to the User.
1.2. “App/Online Portal” refers to the ResiLoop application and online web portal, including enhancements, that can be downloaded by the User on mobile phones, tablets, PCs and other supported devices.
1.3. “Enhancement(s)/Update(s)” shall mean any modification, update, or addition to the App/Online Portal that, when made or added to the current version of the App/Online Portal being used by the User, provides minor functionality enhancements but does not change overall utility, functional capability, or application. Such modifications or additions are generally made available by the Company to all its customers.
1.4. “Intellectual Property Rights” means all rights, including future rights, in patents, designs, copyrights, trademarks, service marks, databases, and typography rights (whether or not any of those is registered and including applications for registrations of the foregoing) together with all trade secrets, know-how, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of those which may subsist anywhere in the world.
1.5. "Online Store(s)” refers to the third-party platform(s)/applications from which the App can be downloaded and subscribed to by the User.
2. GRANT OF LICENSE
Subject to compliance with these Terms, the Company hereby grants the User a fixed-term, non-exclusive, non-transferable, revocable, non-sublicensable, and limited license to use the App/Online Portal for personal and commercial purposes, including but not limited to work-related activities.
3. REGISTRATION OF USER ACCOUNT
3.1. The App/Online Portal can be downloaded, installed, and accessed by the User through the Online Store on mobile phones, tablets, or any other electronic devices supported by Us. To use the App/Online Portal, Users are required to register and create a user account with a password on the Online Store or on the Online Portal (“User Account”). The Company encourages You to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) for Your User Account.
3.2. As part of your access to the App/Online Portal, You authorize Us to import your login credentials, details, and personal information from the Online Store or Online Portal.
3.3. You agree to
a. Provide accurate, authenticated, and true information about yourself;
b. Maintain the security of Your passwords and identification as per these Terms;
c. Promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
d. Be fully responsible for all actions through your User Account.
3.4. By registering and creating a User Account, you represent and warrant that
a. You can lawfully enter into and form contracts as per the applicable laws and that you are fully able, competent, and authorized to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms.
b. Your use of the App/Online Portal does not violate any applicable law or regulation.
c. You have not been previously removed from using the Service or App/Online Portal by Us or your account has not been terminated by Us.
d. You do not have any other fictitious account or User ID registered on the App/Online Portal.
3.5. Unauthorized Use; False Information- You shall- (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the App/Online Portal or your User Account that is known to You or suspected, and (iii) not provide false identity or information to gain access to or use the App/Online Portal.
3.6. The Company also, at its sole discretion, reserves the right to refuse or cancel registration of any User Account which it deems inappropriate.
4. USER ACCOUNT SECURITY
4.1. You will be responsible for maintaining the confidentiality of your User Account, and You are fully responsible for all activities that occur under Your User Account. You agree to immediately notify the Company of any unauthorized use of Your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
4.2. You agree to use the App/Online Portal only- (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation, or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the App/Online Portal by the Company or other Users.
5. ENHANCEMENTS AND ADD-ON FEATURES
5.1. Users acknowledge that the Company may introduce Enhancements/Updates to the App/Online Portal which will be available on the Online Stores without any additional costs. The Users agree to download such Enhancements/Updates within a reasonable time of such Enhancements/Updates being made available on the App/Online Portal. Upon failure of the User to download the Enhancements/Updates within a reasonable time period, the Company shall not be liable for any loss of data, interrupted performance of the App/Online Portal, or any other liability whatsoever.
5.2. The Company may make available Add-On Features in the App/Online Portal which would be available to the User on payment of additional costs. The use of these Add-On Features would be subject to terms and conditions which would be separately notified to the User from time to time.
6. THIRD-PARTY CONTENT AND USER CONTENT
6.1. All text, photographs, sounds, music, artwork, notes, messages, emails, opinions, ideas, images, videos, audio files, and other material or information (collectively ‘Third-Party Content’) are third-party generated content, and the Company has no responsibility or liability over such Third-Party Content as the Company is merely an intermediary for the purposes of these Terms. Except as expressly provided in these Terms, no part of the App/Online Portal, including the Third-Party Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including ‘mirroring’) to any other computer, server, website, or other medium for publication, distribution, or any commercial enterprise without the Company’s prior written consent.
6.2. You shall be responsible for the content posted or transmitted on the App/Online Portal by you, whether in written or oral form (such content being referred to as “User Content”). The User Content will become our property, and you grant us the worldwide, perpetual, royalty-free, and transferable rights in such User Content (i) to display your User Content on the App/Online Portal; (ii) to use it for analytical purposes; (iii) to host, copy, transmit, analyze, process, store, configure, publish, and commercially use the User Content; (iv) to exchange it with the marketplace through the interface the App/Online Portal supports; and (v) to share required order and/or product details with fulfillment centers or other network partners in order to provide the required Service successfully. We shall be entitled, consistent with our privacy policy as adopted in accordance with applicable law, to use the User Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised, or the creation of derivative work. You agree that any User Content you post may be used by us, consistent with these Terms, and you are not entitled to any payment or other compensation for such use.
6.3. Representation as to User Content
You represent, warrant, and agree that no User Content/details shared by you with the App/Online Portal violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You agree that You will not- (a) upload, post, email, transmit, or otherwise make available any User content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable through the App/Online Portal; (b) upload, post, email, transmit, or otherwise make available any material that contains viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the App/Online Portal; (c) modify, adapt, or hack the App/Online Portal or modify another website so as to falsely imply that it is associated with the App/Online Portal or the Company.
7. DISCLAIMERS & WARRANTIES
7.1. Warranties- ResiLoop does not warrant that the App/Online Portal will be error-free or that defects in the App/Online Portal will be corrected. You understand and agree that You are downloading, installing, accessing, or using the App/Online Portal and its content at your own risk and that you will be solely responsible for any damages that may result, including the loss of data or damage to your mobile device or computer system. The App/Online Portal is provided on an "as-is" and "as-available" basis without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title.
7.2. Disclaimer of Liability- ResiLoop and its affiliates, directors, employees, licensors, agents, and partners disclaim all liability for any loss, injury, or damage resulting from your use of the App/Online Portal, whether direct, indirect, incidental, punitive, or consequential. This includes but is not limited to loss of profits, data, or other intangible losses arising out of or related to your use or inability to use the App/Online Portal.
7.3. Indemnity- You agree to indemnify and hold harmless ResiLoop, its affiliates, and their respective directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorney fees, arising out of or in any way connected with your use of the App/Online Portal, your violation of these Terms, or your violation of any third-party rights.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All rights, title, and interest in and to the App/Online Portal, including but not limited to all software, content, trademarks, service marks, logos, and intellectual property rights, are owned by ResiLoop or its licensors. You agree not to copy, reproduce, distribute, create derivative works from, reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the App/Online Portal or any of its components without prior written consent from ResiLoop.
8.2. Nothing in these Terms grants you any rights in the App/Online Portal or any of its content except as expressly provided in these Terms. All rights not expressly granted to you in these Terms are reserved by ResiLoop and its licensors.
9. MODIFICATION OF TERMS
9.1. ResiLoop reserves the right to modify these Terms at any time and at its sole discretion. Any changes to these Terms will be posted on the App/Online Portal or communicated to you through other means. Your continued use of the App/Online Portal after the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree with any of the changes, you must immediately stop using the App/Online Portal and delete it from your device.
9.2. ResiLoop may, at its sole discretion, terminate or suspend your access to the App/Online Portal without notice and without liability for any reason, including but not limited to your violation of these Terms.
10. TERMINATION
10.1. These Terms will remain in full force and effect as long as you continue to use the App/Online Portal. ResiLoop may terminate or suspend your access to the App/Online Portal at any time, for any reason, and without notice.
10.2. Upon termination, you must immediately cease all use of the App/Online Portal and delete any copies of the App/Online Portal from your device.
11. GOVERNING LAW & JURISDICTION
11.1. These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
11.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Australia.
12. GENERAL
12.1. Severability- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
12.2. Waiver- The failure of ResiLoop to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
12.3. Entire Agreement- These Terms constitute the entire agreement between you and ResiLoop regarding your use of the App/Online Portal and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
BY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT US AT [email protected]
THESE TERMS OF USE ("TERMS") PROVIDE AND CAPTURE IMPORTANT LEGAL INFORMATION ABOUT THE LICENSE TO USE AND ACCESS THE APPLICATION [AS DEFINED BELOW] AND THE CONDITIONS OF YOUR USE OF THE APP AND ONLINE PORTAL. THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN RESILOOP AND ALL VISITORS, LEGAL ENTITIES, USERS, AND OTHERS WHO ACCESS AND/OR USE THIS APP AND ONLINE PORTAL (“USER(S)”, “YOU”, “YOUR”).
BY ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILAR BUTTON) OR BY ACCESSING OR USING THIS APP AND ONLINE PORTAL, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS OR USE ALL OR ANY PORTION OF THE APP AND ONLINE PORTAL AND SHOULD DELETE ANY VERSIONS OF THE APP AND ONLINE PORTAL.
IF YOU CONTINUE TO USE THIS APP AND ONLINE PORTAL, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.
We, RESILOOP, with its registered office at 1.02 Junction Business Centre, 22 St Kilda Road, St Kilda VIC 3182, (“ResiLoop”, “We”, “Us”, “Company”) are the owners of the App and Online Portal. The App and Online Portal facilitates the collection, transportation, and recycling of waste flooring materials, providing comprehensive data management and reporting capabilities.
1. DEFINITIONS
1.1. "Add-on Features” shall refer to additional features made available on the App/Online Portal for additional costs as may be notified to the User.
1.2. “App/Online Portal” refers to the ResiLoop application and online web portal, including enhancements, that can be downloaded by the User on mobile phones, tablets, PCs and other supported devices.
1.3. “Enhancement(s)/Update(s)” shall mean any modification, update, or addition to the App/Online Portal that, when made or added to the current version of the App/Online Portal being used by the User, provides minor functionality enhancements but does not change overall utility, functional capability, or application. Such modifications or additions are generally made available by the Company to all its customers.
1.4. “Intellectual Property Rights” means all rights, including future rights, in patents, designs, copyrights, trademarks, service marks, databases, and typography rights (whether or not any of those is registered and including applications for registrations of the foregoing) together with all trade secrets, know-how, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of those which may subsist anywhere in the world.
1.5. "Online Store(s)” refers to the third-party platform(s)/applications from which the App can be downloaded and subscribed to by the User.
2. GRANT OF LICENSE
Subject to compliance with these Terms, the Company hereby grants the User a fixed-term, non-exclusive, non-transferable, revocable, non-sublicensable, and limited license to use the App/Online Portal for personal and commercial purposes, including but not limited to work-related activities.
3. REGISTRATION OF USER ACCOUNT
3.1. The App/Online Portal can be downloaded, installed, and accessed by the User through the Online Store on mobile phones, tablets, or any other electronic devices supported by Us. To use the App/Online Portal, Users are required to register and create a user account with a password on the Online Store or on the Online Portal (“User Account”). The Company encourages You to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) for Your User Account.
3.2. As part of your access to the App/Online Portal, You authorize Us to import your login credentials, details, and personal information from the Online Store or Online Portal.
3.3. You agree to
a. Provide accurate, authenticated, and true information about yourself;
b. Maintain the security of Your passwords and identification as per these Terms;
c. Promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
d. Be fully responsible for all actions through your User Account.
3.4. By registering and creating a User Account, you represent and warrant that
a. You can lawfully enter into and form contracts as per the applicable laws and that you are fully able, competent, and authorized to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms.
b. Your use of the App/Online Portal does not violate any applicable law or regulation.
c. You have not been previously removed from using the Service or App/Online Portal by Us or your account has not been terminated by Us.
d. You do not have any other fictitious account or User ID registered on the App/Online Portal.
3.5. Unauthorized Use; False Information- You shall- (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the App/Online Portal or your User Account that is known to You or suspected, and (iii) not provide false identity or information to gain access to or use the App/Online Portal.
3.6. The Company also, at its sole discretion, reserves the right to refuse or cancel registration of any User Account which it deems inappropriate.
4. USER ACCOUNT SECURITY
4.1. You will be responsible for maintaining the confidentiality of your User Account, and You are fully responsible for all activities that occur under Your User Account. You agree to immediately notify the Company of any unauthorized use of Your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
4.2. You agree to use the App/Online Portal only- (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation, or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the App/Online Portal by the Company or other Users.
5. ENHANCEMENTS AND ADD-ON FEATURES
5.1. Users acknowledge that the Company may introduce Enhancements/Updates to the App/Online Portal which will be available on the Online Stores without any additional costs. The Users agree to download such Enhancements/Updates within a reasonable time of such Enhancements/Updates being made available on the App/Online Portal. Upon failure of the User to download the Enhancements/Updates within a reasonable time period, the Company shall not be liable for any loss of data, interrupted performance of the App/Online Portal, or any other liability whatsoever.
5.2. The Company may make available Add-On Features in the App/Online Portal which would be available to the User on payment of additional costs. The use of these Add-On Features would be subject to terms and conditions which would be separately notified to the User from time to time.
6. THIRD-PARTY CONTENT AND USER CONTENT
6.1. All text, photographs, sounds, music, artwork, notes, messages, emails, opinions, ideas, images, videos, audio files, and other material or information (collectively ‘Third-Party Content’) are third-party generated content, and the Company has no responsibility or liability over such Third-Party Content as the Company is merely an intermediary for the purposes of these Terms. Except as expressly provided in these Terms, no part of the App/Online Portal, including the Third-Party Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including ‘mirroring’) to any other computer, server, website, or other medium for publication, distribution, or any commercial enterprise without the Company’s prior written consent.
6.2. You shall be responsible for the content posted or transmitted on the App/Online Portal by you, whether in written or oral form (such content being referred to as “User Content”). The User Content will become our property, and you grant us the worldwide, perpetual, royalty-free, and transferable rights in such User Content (i) to display your User Content on the App/Online Portal; (ii) to use it for analytical purposes; (iii) to host, copy, transmit, analyze, process, store, configure, publish, and commercially use the User Content; (iv) to exchange it with the marketplace through the interface the App/Online Portal supports; and (v) to share required order and/or product details with fulfillment centers or other network partners in order to provide the required Service successfully. We shall be entitled, consistent with our privacy policy as adopted in accordance with applicable law, to use the User Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised, or the creation of derivative work. You agree that any User Content you post may be used by us, consistent with these Terms, and you are not entitled to any payment or other compensation for such use.
6.3. Representation as to User Content
You represent, warrant, and agree that no User Content/details shared by you with the App/Online Portal violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You agree that You will not- (a) upload, post, email, transmit, or otherwise make available any User content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable through the App/Online Portal; (b) upload, post, email, transmit, or otherwise make available any material that contains viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the App/Online Portal; (c) modify, adapt, or hack the App/Online Portal or modify another website so as to falsely imply that it is associated with the App/Online Portal or the Company.
7. DISCLAIMERS & WARRANTIES
7.1. Warranties- ResiLoop does not warrant that the App/Online Portal will be error-free or that defects in the App/Online Portal will be corrected. You understand and agree that You are downloading, installing, accessing, or using the App/Online Portal and its content at your own risk and that you will be solely responsible for any damages that may result, including the loss of data or damage to your mobile device or computer system. The App/Online Portal is provided on an "as-is" and "as-available" basis without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title.
7.2. Disclaimer of Liability- ResiLoop and its affiliates, directors, employees, licensors, agents, and partners disclaim all liability for any loss, injury, or damage resulting from your use of the App/Online Portal, whether direct, indirect, incidental, punitive, or consequential. This includes but is not limited to loss of profits, data, or other intangible losses arising out of or related to your use or inability to use the App/Online Portal.
7.3. Indemnity- You agree to indemnify and hold harmless ResiLoop, its affiliates, and their respective directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorney fees, arising out of or in any way connected with your use of the App/Online Portal, your violation of these Terms, or your violation of any third-party rights.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All rights, title, and interest in and to the App/Online Portal, including but not limited to all software, content, trademarks, service marks, logos, and intellectual property rights, are owned by ResiLoop or its licensors. You agree not to copy, reproduce, distribute, create derivative works from, reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the App/Online Portal or any of its components without prior written consent from ResiLoop.
8.2. Nothing in these Terms grants you any rights in the App/Online Portal or any of its content except as expressly provided in these Terms. All rights not expressly granted to you in these Terms are reserved by ResiLoop and its licensors.
9. MODIFICATION OF TERMS
9.1. ResiLoop reserves the right to modify these Terms at any time and at its sole discretion. Any changes to these Terms will be posted on the App/Online Portal or communicated to you through other means. Your continued use of the App/Online Portal after the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree with any of the changes, you must immediately stop using the App/Online Portal and delete it from your device.
9.2. ResiLoop may, at its sole discretion, terminate or suspend your access to the App/Online Portal without notice and without liability for any reason, including but not limited to your violation of these Terms.
10. TERMINATION
10.1. These Terms will remain in full force and effect as long as you continue to use the App/Online Portal. ResiLoop may terminate or suspend your access to the App/Online Portal at any time, for any reason, and without notice.
10.2. Upon termination, you must immediately cease all use of the App/Online Portal and delete any copies of the App/Online Portal from your device.
11. GOVERNING LAW & JURISDICTION
11.1. These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
11.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Australia.
12. GENERAL
12.1. Severability- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
12.2. Waiver- The failure of ResiLoop to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
12.3. Entire Agreement- These Terms constitute the entire agreement between you and ResiLoop regarding your use of the App/Online Portal and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.
BY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT US AT [email protected]
PRIVACY POLICY - RESILOOP ONLINE WEB PORTAL AND APP
We, ResiLoop (“we”, “us”, “our” “Company”), are the owners of the ResiLoop IT Solution, which aims to streamline the process of waste flooring collection, transportation, and recycling while providing comprehensive data management and reporting capabilities (“Services”). The ResiLoop IT Solution includes a mobile application for collectors, web applications for collection points and affiliate members, and an administration dashboard for ResiLoop management. Unless otherwise set out below, each capitalized term in this Privacy Policy shall have the meaning as set out in the Terms of Use of the ResiLoop IT Solution.
We respect data privacy rights and are committed to protecting personal information collected through our IT Solution. This Privacy Policy (“Privacy Policy”) sets forth how we collect, use, and protect the personal information collected through our Solution.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE RESILOOP IT SOLUTION, PROVIDING US WITH PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL INFORMATION THROUGH THE SOLUTION. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO THE COMMUNICATION DETAILS MENTIONED BELOW.
IF YOU ARE ACCESSING THE RESILOOP IT SOLUTION ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, AND IN SUCH AN EVENT, YOUR USE OF THE SOLUTION SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE SOLUTION.
This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with data protection laws of the applicable jurisdictions.
1. Definitions
“User(s)” shall mean individuals that use/access the ResiLoop IT Solution and avail of the Services through it.
2. Personal Information Collected
For purposes of this Privacy Policy, “Personal Information” shall mean any information you voluntarily provide to us when you register for our services, and interact with our web or mobile applications that can be used to identify the User, including but not limited to an individual’s full name, mobile number, residential address, email address, company name, and designation. You can choose not to provide certain information, but this might limit your participation.
i. Personal Information collected through the Solution
A User is required to create an account on the Solution to avail of our Services. When creating such a User account, we may collect certain Personal Information from the User, including but not limited to the first name, last name, email address, organization’s address, and contact number.
ii. Contact Us
We may collect your Personal Information when you contact us through (a) the contact us page on our Solution, (b) write to us on our email, (c) call us on our contact number, and/or (d) chat with us through the chat option on the Solution.
iii. Social Media
If you contact us through social media platforms, we may get access to your Personal Information on such platforms (such as your name, email id, and phone).
iv. Log Data
When you use the Solution, whether or not you have logged in, our servers automatically record information that your device sends whenever you access the Solution ("Log Data"). This Log Data may include information such as your device’s Internet Protocol ("IP") address, pages of our Solution that you use, the time spent on the Solution, information you search for on our Solution, access times and dates, and other analytical data.
3. Cookies
We use cookies and similar tracking technologies to enhance your experience with the Solution.
4. Accuracy of Information
Users undertake that they shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us, whether of their own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that they have the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party, and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.
5. Use of Personal Information
We use the Personal Information for the following purposes-
i. To inform you about our Services, to run our programs and to respond to your requests;
ii. For the creation or development of business intelligence or data analytics in relation to the Services provided by us (for this purpose, we may share the Personal Information with certain software or tools available online);
iii. To provide you with a better experience when you access our Solution and to improve the Services;
iv. To maintain and manage our Solution;
v. To manage our relationship with you;
vi. For internal record keeping;
vii. To comply with our legal or statutory obligations.
6. Disclosures
We do not sell, rent, share, distribute, lease, or otherwise provide your Personal Information to third parties without your prior consent. Keeping this in mind, we may disclose your Personal Information in the following cases-
We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. Security
We take reasonable security measures to protect your information from unauthorised access and misuse. Your Personal Information is stored on third-party public cloud infrastructure. We and our cloud partners have implemented security controls aligned with the best industry standards. Our cloud partners provide appropriate firewalls, security controls, and protections, nevertheless we cannot warrant the security of Personal Information transmitted as these systems are not hack-proof. Data pilferage due to unauthorized hacking, virus attacks, or technical issues is possible, and we will take necessary measures to mitigate such events.
9. Your Rights
You have the right to access Personal Information in our possession and the right to have us rectify or modify any such Personal Information. Depending on the nature of the request, we may ask you to complete a Personal Information request form or seek certain details to verify the request. All requests for Personal Information will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please write to us at [email protected]
10. Links to Other Websites/Applications
Our Solution may contain links to other websites/applications of your interest. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications, and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.
11. Governing Laws
This Privacy Policy shall in all respects be governed by and construed and enforced in accordance with the laws of Australia, and the courts in Australia shall have exclusive jurisdiction to adjudicate any subject matter under this Privacy Policy.
12. Changes to This Policy
Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Solution and indicate the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Solution.
13. Contact Us
If you have any questions, concerns, or grievances regarding this Privacy Policy, you can email us at [email protected]
We, ResiLoop (“we”, “us”, “our” “Company”), are the owners of the ResiLoop IT Solution, which aims to streamline the process of waste flooring collection, transportation, and recycling while providing comprehensive data management and reporting capabilities (“Services”). The ResiLoop IT Solution includes a mobile application for collectors, web applications for collection points and affiliate members, and an administration dashboard for ResiLoop management. Unless otherwise set out below, each capitalized term in this Privacy Policy shall have the meaning as set out in the Terms of Use of the ResiLoop IT Solution.
We respect data privacy rights and are committed to protecting personal information collected through our IT Solution. This Privacy Policy (“Privacy Policy”) sets forth how we collect, use, and protect the personal information collected through our Solution.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE RESILOOP IT SOLUTION, PROVIDING US WITH PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL INFORMATION THROUGH THE SOLUTION. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO THE COMMUNICATION DETAILS MENTIONED BELOW.
IF YOU ARE ACCESSING THE RESILOOP IT SOLUTION ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, AND IN SUCH AN EVENT, YOUR USE OF THE SOLUTION SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE SOLUTION.
This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with data protection laws of the applicable jurisdictions.
1. Definitions
“User(s)” shall mean individuals that use/access the ResiLoop IT Solution and avail of the Services through it.
2. Personal Information Collected
For purposes of this Privacy Policy, “Personal Information” shall mean any information you voluntarily provide to us when you register for our services, and interact with our web or mobile applications that can be used to identify the User, including but not limited to an individual’s full name, mobile number, residential address, email address, company name, and designation. You can choose not to provide certain information, but this might limit your participation.
i. Personal Information collected through the Solution
A User is required to create an account on the Solution to avail of our Services. When creating such a User account, we may collect certain Personal Information from the User, including but not limited to the first name, last name, email address, organization’s address, and contact number.
ii. Contact Us
We may collect your Personal Information when you contact us through (a) the contact us page on our Solution, (b) write to us on our email, (c) call us on our contact number, and/or (d) chat with us through the chat option on the Solution.
iii. Social Media
If you contact us through social media platforms, we may get access to your Personal Information on such platforms (such as your name, email id, and phone).
iv. Log Data
When you use the Solution, whether or not you have logged in, our servers automatically record information that your device sends whenever you access the Solution ("Log Data"). This Log Data may include information such as your device’s Internet Protocol ("IP") address, pages of our Solution that you use, the time spent on the Solution, information you search for on our Solution, access times and dates, and other analytical data.
3. Cookies
We use cookies and similar tracking technologies to enhance your experience with the Solution.
4. Accuracy of Information
Users undertake that they shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information shared with us, whether of their own or any third party. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that they have the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party, and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.
5. Use of Personal Information
We use the Personal Information for the following purposes-
i. To inform you about our Services, to run our programs and to respond to your requests;
ii. For the creation or development of business intelligence or data analytics in relation to the Services provided by us (for this purpose, we may share the Personal Information with certain software or tools available online);
iii. To provide you with a better experience when you access our Solution and to improve the Services;
iv. To maintain and manage our Solution;
v. To manage our relationship with you;
vi. For internal record keeping;
vii. To comply with our legal or statutory obligations.
6. Disclosures
We do not sell, rent, share, distribute, lease, or otherwise provide your Personal Information to third parties without your prior consent. Keeping this in mind, we may disclose your Personal Information in the following cases-
- Information will be used for the purposes for which it was collected, as well as for related purposes that you would reasonably expect such as we may share it with trusted partners who assist us in operating our programs or maintain our website/app.
- We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). At any time, you may opt-out of receiving marketing communications from us by contacting us or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.
- We do not provide your personal information to other organisations for the purposes of direct marketing.
We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. Security
We take reasonable security measures to protect your information from unauthorised access and misuse. Your Personal Information is stored on third-party public cloud infrastructure. We and our cloud partners have implemented security controls aligned with the best industry standards. Our cloud partners provide appropriate firewalls, security controls, and protections, nevertheless we cannot warrant the security of Personal Information transmitted as these systems are not hack-proof. Data pilferage due to unauthorized hacking, virus attacks, or technical issues is possible, and we will take necessary measures to mitigate such events.
9. Your Rights
You have the right to access Personal Information in our possession and the right to have us rectify or modify any such Personal Information. Depending on the nature of the request, we may ask you to complete a Personal Information request form or seek certain details to verify the request. All requests for Personal Information will be handled within a reasonable period of time. If you would like to exercise ANY of these rights, please write to us at [email protected]
10. Links to Other Websites/Applications
Our Solution may contain links to other websites/applications of your interest. Please note that we do not have any control over such other websites/applications, and you will be accessing these websites/applications at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications, and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites/applications.
11. Governing Laws
This Privacy Policy shall in all respects be governed by and construed and enforced in accordance with the laws of Australia, and the courts in Australia shall have exclusive jurisdiction to adjudicate any subject matter under this Privacy Policy.
12. Changes to This Policy
Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Solution and indicate the date of the latest revision. If such modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Solution.
13. Contact Us
If you have any questions, concerns, or grievances regarding this Privacy Policy, you can email us at [email protected]