Mobile App Terms & Conditions of Use

CBCRA: Recycle Everywhere Mobile Application

Last updated: March 14,2021

Acceptance of the Recycle Everywhere App Terms and Conditions of Use

These Terms and Conditions of Use for the Recycle Everywhere mobile application (the “App”) constitute a binding legal agreement between the Canadian Beverage Container Recycling Association (“CBCRA”, “we,” “us,” “our”) and you.

These Terms and Conditions of Use incorporate our Recycle Everywhere App Privacy Policy and our Contest Rules (collectively, the “Terms”). The Terms are the entire terms and conditions that apply to each user of the App (“User” or “you”), including your participation in any contests offered on or through the App, and any other content, functionality, and services offered on or through the App.

BY CLICKING TO ACCEPT THE TERMS, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR THE CONTEST RULES, YOU MUST NOT ACCESS OR USE THE APP.

By using the App, you represent and warrant that you are at least 18 years of age. If you do not meet this requirement, you must not access or use the App or any of the services or features offered on or through the App.

If you meet the eligibility requirements outlined in the Contest Rules, you have the option of entering the contests offered through the App (“Contests”). If you do not meet the eligibility requirements in the Contest Rules, you must not enter, or attempt to enter the Contests offered through the App. All contest participation is subject to the Contest Rules, which are incorporated into these Terms.

Modifications to the Terms and to the App

We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App. The date the Terms were last updated is indicated at the top of this page.  Where required by law, we will notify you in advance of implementing such changes (for example, by notifying you via email or through the App with a pop-up) so you can review them before they go into effect. You agree to periodically review the Terms in order to be aware of any such modifications, and your continued use of the App will be your acceptance of such modifications.

If you do not agree to accept such modifications to the Terms, you can delete your account and the App.

We may change or delete any information or material on the App at any time without notifying you. We will not be liable if, for any reason, the App or any part of it is restricted or unavailable at any time.

Your Use of the App and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. As a User, you are responsible for your own access to and use of the App. You are required to ensure that anyone who accesses the App through your mobile device is aware of the Terms and complies with them.

The App requires User registration, and it is a condition of your use of the App that all the information you provide on the App is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.

By providing registration information or making any submissions to the App through any functionality such as by creating a profile, uploading an image, scanning the barcode of a beverage container, submitting an entry into the contest registration (see Contest Rules), allowing us to use your geolocation information, and using the community engagement functions (e.g., sharing to social media) (collectively, “Interactive Functions”) you consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to anyone else. You understand and agree that your account is personal to you and you agree not to provide anyone else with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of the Terms.

You are prohibited from attempting to circumvent and from violating the security of this App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting App owner’s ability to monitor the App; (f) using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (j) using Virtual Private Network or any other software or functions to circumvent the location functions, and (k) otherwise attempting to interfere with the proper working of the App.

Intellectual Property Rights and Ownership

You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by CBCRA, its licensor Reclay Group, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, trademarks, logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the CBCRA,  our licensors, or of Reclay Group or its licensors. You must not use such marks without prior written permission from the CBCRA or from Reclay Group, as applicable. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, in any form or medium whatsoever except:

  • your device and browser may temporarily store or cache copies of materials being accessed and viewed;
  • in the event social media platforms are linked to certain content on our App, you may take such actions as our App and such third-party social media platforms permit.

You are not permitted to modify copies of any materials from this App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by us. Any use of the App not expressly permitted by the Terms is a breach of the Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

The contest has no ties or connections to Google and/or Apple. Google and/or Apple are not sponsors of this contest nor linked to it in any way.

Conditions of Use and User Submissions

As a condition of your access and use, you agree to use the App only for lawful purposes and in accordance with the Terms.

The following content standards apply to any and all content, material, and information you submit to the App (your “User Submissions”) and all Interactive Functions. All User Submissions must comply with all applicable laws, regulations, and the Terms.

Without limiting the above, you warrant and agree that your use of the App and any User Submissions shall not:

  • Violate any applicable law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, which incorporate our Privacy Policy and our Contest Rules
  • Include the personal information or image of another individual.
  • Violate the terms of use of any third-party website that is linked to the App, including any third party social media website or application.
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or any other legally prohibited ground or be otherwise objectionable as solely determined by us.
  • Involve, provide, or contribute any false, inaccurate, or misleading information.
  • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Terms.
  • Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm (or expose to liability) us or users of the App.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Give the impression that they originate from or are endorsed by us or anyone else, if this is not the case.


User Submissions: Grant of Licence

The App contains Interactive Functions allowing you to submit User Submissions through the App.

We do not claim ownership of your User Submissions, but you grant us a license to use them. When you provide any User Submissions to the App, you grant to CBCRA, our service providers, and business partners and each of their respective licensees, successors and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission, and none of the User Submissions you submit to the App will be subject to any confidentiality by us.

By submitting the User Submissions, you warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us, and our service providers, and business partners as explained above, to the User Submissions and comply with the Terms. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Terms.

You understand and agree that you, not CBCRA, are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the App.

Site Monitoring and Enforcement, Suspension, and Termination

We have the right, without providing notice, to:

  • Remove or refuse to post on the App any User Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.
  • Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation, any violation of the Terms.

YOU WAIVE AND HOLD HARMLESS THE CBCRA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CBCRA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE CBCRA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the App or its use, and do not and cannot undertake to review material that you or other users submit to the App. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws.

No Reliance

The content on the App is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the App.

Although we make reasonable efforts to update the information on the App, we make no representations, warranties, or guarantees, whether express or implied, that the content on the App is accurate, complete, or up to date. Your use of the App is at your own risk and neither the CBRA nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the App.

The App may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by the CBCRA, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the CBCRA. Neither CBCRA nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using the App, you consent to the collection, use, reproduction, hosting, transmission, processing and disclosure of any such personal information and user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the App, including for any participation in the Contest (see our Contest Rules). .

Third-Party Websites

For your convenience, the App may provide links to third-party sites. We make no representations about any other websites that may be accessed from the App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the App may include links to certain social media features that enable you to link or transmit certain content from the App. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to the CBCRA’s website or to the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

Geographic Restriction: Manitoba

We provide the App and any services, features offered on or through the App, including Contests, for use by persons located in Manitoba, Canada. The App and any related services and features are not intended for use in any other jurisdiction and you agree and warrant that you will not access or attempt to access the App and any related services and features from outside Manitoba. You understand that accessing or attempting to access the App and any related services and features from outside Manitoba constitutes a breach of the Terms. You also agree and warrant that in the event you access or attempt to access the App and any related services and features from outside Manitoba, you do so at your own risk and will be solely responsible for any consequences or liabilities that may arise in relation to such access or attempted access.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE CBCRA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF THE FOREGOING PARTIES REPRESENT OR WARRANT THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE CBCRA OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY OF THE APP’S CONTENT, SERVICES AND PRODUCTS, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY APP CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the CBCRA and its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees and disbursements) arising out of or relating to your breach of the Terms or your use of the App, including, but not limited to, any related services or features, your User Submissions, third-party sites, any use of the App’s content, services, and products other than as expressly authorized in the Terms.

Governing Law and Choice of Forum

The Terms will be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Manitoba or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under the Terms will be instituted in the courts of the Province of Manitoba and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of the Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms and Conditions, our Privacy Policy and our Contest Rules constitute the sole and entire agreement between you and us regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

Please send any reports of potential misuse, or any requests or comments relating to the App, to us at the following email address: Appsupport@recycleeverywhere.ca