Website Membership Terms & Conditions

The website www.recycleblu.com (Site) is owned and operated by RecycleBlu Ltd, a company legally registered in Scotland under Companies House number SC511423,

Please read these terms and conditions as they apply to all visitors and users. By using the Site you indicate your agreement and acceptance of these terms. These terms may be varied from time to time and are effective from June 30, 2016.

1 - www.recycleblu.com is only a IT service.

The Site enables users to manage inventories, integrate sales processes, manage their online shop and user dashboard as well as advertise, buy and sell using the Site as the medium.

The Site is a platform where users, be it buyers or sellers can exchange messages, share adds and buy and sell from each other. We do not vet users and are not involved in transactions between users.

We are not responsible for the truth and accuracy of any listing given on the Site nor are we responsible for the legal validity of any commercial offer shown on the site.

2 - Eligibility, Compliance and Participation

By using this Site, you represent that you are eighteen (18) years of age or older, and authorised and able to form a legally binding contract with regard to the materials listed or offered on the Site. By using this Site you assume full legal responsibility for the content (“content”) and materials listed or offered, as well as any communications you make in connection therewith. By submitting any content and information through use of this Site, including but not limited to registration, bidding, or listing, the user represents and warrants that all such content and information is true and accurate and in compliance with all applicable international, federal, state and local laws.

RecycleBlu may refuse the use of the Site to anyone or any entity at any time, in its sole discretion.

3 - Registration, User ID and Password.

All users must register with www.recycleblu.com. If your registration application is approved, RecycleBlu will notify you and your user ID and password will be activated. You may only use each user ID and password individually or on behalf of the business you represent, as indicated on the applicable registration application. You will be responsible for the confidentiality and use of your user ID and password, and you will be held solely responsible for all communications made through the Site using your user ID and password. You must immediately notify RecycleBlu if you become aware of any loss or theft of your password or any unauthorised use of your password, user ID, or of the site.

4 - Payment of subscription.

   a - recycleblu.com offers a free tier of service and a bespoke option. The user understands that the free tier has functionality limitations when compared to the bespoke option.

   b - If you subscribe to any of the paid tiers, you agree to pay all fees associated with the tier service level as advertised in the Subscription page.

   c - Upon registration you agree to supply us with your complete billing information including a valid credit card as well as you full contact details including e-mail and and phone numbers.

   d - RecycleBlu does not personally hold any credit card information.

   e - Should any payment be declined by your credit card issuer or should you default on the payment; we reserve the right to suspend your account until the due amount is repaid.

5 - Marketplace Fees and Listing Terms

Sellers agree to the following fees and terms:

   a - There are no costs or fees to post a listing to the Site.

   b - The Seller reserves the right to accept, reject, or ignore any bid and is not obligated to sell any materials listed.

   c - Upon a match or transaction being completed for listings of material of zero commercial value that is given to a buyer at no cost, RecycleBlu shall receive the greater of a fee of $5 per ton for a period of no more than one (1) year or a $250 minimum fee. RecycleBlu’s fee shall be payable within fifteen (15) days from the date of the match or transaction and RecycleBlu will invoice the Seller for each month’s fees in advance. As a buyer, Sale Items must only be purchased using one of RecycleBlu’s approved methods of payment (a “Sale Transaction”) and all Sale Transactions must take place within the Service.

   d - Upon a match or transaction being completed for listings of material advertised on the marketplace, RecycleBlu shall receive a fee of 3% commission on any sales between the buyer- seller pair for a period of no less than one (1) year from initial transaction or a $250 minimum fee. RecycleBlu shall remit the Final Sale Price less any commission or fees as set forth in the terms of use and according to the payment process set forth in the terms of use.

   e - As a marketplace buyer, Sale Items must only be purchased using one of RecycleBlu’s approved methods of payment (a “Sale Transaction”) and all Sale Transactions must take place within the Service.

   f - As a seller, RecycleBlu offers you a “Wallet” functionality for receiving money for any materials you sell. Our “Wallet” Service ir provided by RecycleBlu and operated by MANGOPAY SA (as described in clause 5 below.

   g - With regard to current or past listings, users may not, under any circumstances, avoid or attempt to avoid any fees or potential fees owed to RecycleBlu, by circumventing use of this Site to complete a transaction. This would include, for example, attempting to contact a buyer or seller outside of this Site to complete, consummate, or finalize a transaction. Subject to these restrictions and in limited circumstances, users may agree to provide necessary contact information to each other through this Site in order to provide a sample of the listed materials prior to the seller’s acceptance of a bid.

   h - Through the acceptance of these Terms and Conditions you acknowledge you understanding that the site www.recycleblu.com is for the sale of bulk materials in compliance with local, national, international legislation and compliance. As such you agree that you will not post or try to sell any items in breach of those laws or irrelevant for the purpose of the site.

6 - Use of RecycleBlu.com payment gateway.

   a - The RecycleBlu payment gateway is an electronic money account service which allows you to send and receive electronic payments to buy or sell materials.

   b - The RecycleBlu payment gateway is a service provided by RecycleBlu Ltd. The e-money contained in your RecycleBlu Wallet is managed and operated by MANGOPAY SA, a licensed e-money issuer (“MangoPay”)

   c - By using the RecycleBlu payment gateway and e-wallet systems you agree to:

7 - The Framework Contract for Payment Services using MangoPay Electronic Money

   a - You agree that we may provide certain information and certain documents we collect to MangoPay. The personal information, data and documents we collect about you is set out in our Privacy Policy.

   b - When you make a deposit of money into your account on Mangopay Wallet or receive money from other users of the Service, your money will be ring fenced and segregated from other Mangopay Wallet users deposits in accordance with the Framework Contract for Payment Services using MangoPay Electronic Money.

   c - RecycleBlu merely provides Payment Services and does not assume any responsibility for the underlying transaction between the buyer and seller.

8 - Identification Requirements for using Mangopay Wallet

   a - MangoPay has “Know Your Customer / KYC” legal obligations to ensure it knows the identity of       users of the Mangopay Wallet. In order to deposit and withdraw funds from your account on Mangopay Wallet, you will need to provide us with certain information that MangoPay can use to verify your identity.

   b - For deposits totalling €2,500 or less (or local currency equivalent) and withdrawals totalling €1000 or less (or local currency equivalent) you must provide us with the following information: email address, first name, surname, country of residence, birthday and your nationality. If your total deposits or withdrawals exceed the amounts referenced in this clause, you will need to provide us with additional documentation to make any deposits or withdrawals.

   c - For unlimited withdrawals and deposits, you must provide us with your address and a copy of an identity card or passport, as proof of your identity. We may also require you to provide additional details or documentation at our discretion to ensure that MangoPay will be able to identify you to comply with its legal obligations. If you are under 18, MangoPay will need to verify the identity of your parent and we may require your parent’s consent for your use of the Service.

   d - You agree that we may share this information with MangoPay. Further details are available in our Privacy Policy.

9 - Confidentiality and Our Privacy Practices

RecycleBlu’s objective is to provide an anonymous online marketplace for users to offer and bid on recyclable materials. Thus, the protection of your privacy and confidential information is very important to us. In order to understand our protection measures and privacy practices, please review our Privacy Policy.

10 - Intelectual Property

   a - Copyright © 2017 RecycleBlu Ltd. All rights reserved.

   b - By accepting these terms you acknowledge and agree that all content presented in the www.recycleblu.com site is protected by copyrights, trademarks and patents where applicable and is the sole property of RecycleBlu Ltd. You may not make copies, replicate the site’s logic or use the content in any other way other  then for the smooth operation of your RecycleBlu account.

   c - Reproduction of such content, in whole or in part is prohibited without prior consent.

11 - Disclaimer of Warranties

The trueness, veracity and quality of all materials listings in the RecycleBlu.com marketplace are of the sole responsibility of the user who posted them. RecycleBlu takes no responsibility for the suitability, true representation, quality or fulfilment of implied and non implied material condition and characteristics.

12 - Limitation of liability

   a - We make no commitments regarding the sale of materials, including the quality or late delivery of said materials or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service or the ability of the purchaser to complete any purchase of the Sale Items.

   b - The RecycleBlu.com platform Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

   c - To the extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.

   d - For any other claims arising out of the provision of the Service or the Mangopay Wallet, we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise).

   e - In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

   f - You understand and agree that RecycleBlu will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your access to, use, or inability to use these services, website, content or membership benefits or to the materials listed in the public marketplace.

13 - Release of Indemnification

By using the www.recycleblu.com site you agree to release RecycleBlu, its agents and affiliates from any and all liability to the greatest extent allowed by law for any claim, loss, and/or damage arising or related to the use of this website. You acknowledge that the foregoing release of liability will prevent you from asserting any claim against RecycleBlu Ltd for any harm that you may suffer as a result of using this website. This release includes but is not limited to, any errors or delays in responding to any information, application, or requests that you may submit to RecycleBlu.

14 - Termination of Use

RecycleBlu Ltd may at any time and at our discretion suspend, cancel or terminate your access to all or part of the platform with or without notice and for any reason, including, without limitation, there Terms of Use.

Upon termination or suspension, you will be given 60 days to dispute or settle the matter. Should you fail to do so, we will delete your account and all of its contents, including your inventory items, your listings and your RecycleBlu Shop.

15 - Dispute Resolution and Binding Arbitration

You agree that you will notify RecycleBlu in writing of any claim or dispute concerning or relating to the Site and information or services provided through it, and give RecycleBlu a reasonable period of time, but not less than sixty (60) days to address it, before bringing any legal action against RecycleBlu.

16 - Severability

If any provision in these Terms is found to be invalid, not applicable or unenforceable, the remaining provisions of these terms will remain in full force and effect.

17 - General Provisions; Miscellaneous Provisions

These Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns. Neither your course of conduct nor trade practice shall act to modify any provision of these Terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and RecycleBlu Ltd. All rights not expressly granted herein are hereby reserved. Headings are for referenced purposes only and in no way define, limit, construe or describe the scope or extent of any section.

These Terms will be subject to any other agreements you have entered into with RecycleBlu. Furthermore, certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

18 - Applicable Law and Jurisdiction

As we are based in Scotland, Scotland law will apply to all disputes and the interpretation of these Terms of Service. The Scottish courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.