GENERAL TERMS AND CONDITIONS FOR ECOCENTRIC USERS (“TERMS”)
EcoCentric is a smart and sustainable reusable system for takeout food to avoid packaging waste. Our goal is to provide our partners (restaurateurs, cafeterias, groceries, and delivery services) a high-quality reusable packaging service. As EcoCentric users, you can avoid packaging waste in a simple and convenient way and become part of a sustainable movement. In addition, EcoCentric operates the user app and the partner website, an online platform for the brokerage of products for food, beverages, groceries, and merchandise. EcoCentric partners provide their goods to users, and the purchase of the products is exclusively between the partner and the user.
EcoCentric is only the packaging provider and operator of the online platform and is therefore not responsible for the goods rendered by the EcoCentric partner.
These general terms and conditions regulate the relationship between the Consumers as users of the EcoCentric returnable system (hereinafter referred to as “users”, “you”, “your”) and GoEco Portal (hereinafter ” EcoCentric “) based in Dubai. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website (www.ecocentric.eco) and the EcoCentric Mobile App mobile application (the “Service”) operated by GoEco Portal.
The User’s access to and use of the Service is conditioned on the acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
- Users: are all persons who purchase food from our network partners and who themselves decide in favor of EcoCentric reusable packaging.
- Corporate partners: are providers of EcoPacks, return points, and recipients of others EcoCentric services.
- Network partners: are providers of food and beverages, in particular restaurants,
- Snack bars, canteens, supermarkets and organic markets or delivery service providers who commercially sell food to their guests, offer and use EcoCentric as packaging.Partner App: refers to the mobile application for EcoCentric Corporate and Network partners to lend reusable packaging to users. Network and Corporate partners download the partner app from the iOS app store or from the Android PlayStore and login with the account information provided by EcoCentric so that the IDs of the EcoCentric packaging and users or the IDs can be collected.
- EcoCentric (user) app: refers to the mobile application for users to access the EcoCentric service and the reusable system and borrow packaging from Network and Corporate partners.
- EcoCentric reusable system: comprises the entire system in which EcoCentric provides reusable packaging to Network and Corporate partners and users for use. EcoCentric reusable packaging is used for issuing and easy return by the Network and Corporate partner with the help of the partner app.
- Eco-Packs (EcoCentric reusable packaging): are high quality and sustainable reusable packaging such as containers, cups, bags, cutleries, pouches or any additional packaging material provided by EcoCentric. Containers are exclusively for filling with food as intended. The EcoCentric reusable containers come with 4 different sizes, and have interchangeable lids.
EcoCentric Return Hub: is a washing facility to which Eco-Packs are returned to. EcoCentric arranges pick up of the used Eco-Packs for inventory management and washing.
SUBJECT MATTER OF THE TERMS AND CONDITIONS
The subject of these terms and conditions is the EcoCentric reusable system and all of them associated transactions of reusable packaging between EcoCentric, Users, Network partners and corporate partners.
USER REGISTRATION, USER ACCOUNT
- Users who want to take part in the EcoCentric reusable system must register via the EcoCentric website or app. The registration process is free.
- In order to carry out the registration process, the user can either register in the EcoCentric webapp or download the EcoCentric app from online app stores. Conditions of online app stores apply.
- To open the user account, the specified e-mail address must be confirmed.
- By completing the registration, the user accepts these terms and conditions and regarding orders, return reminders, and account status. The user has the right to unsubscribe from marketing emails and communications.
- The user acknowledges that he/she has an exclusive, non-sub licensable, non-transferable and anytime revocable right to use the EcoCentric app, including content that can be accessed via it for the duration of use and exclusively for your own private purposes.
- By creating an account the Users agrees to receiving email notifications.
- The user is not permitted to register multiple times. As far as EcoCentric multiple registrations are found, EcoCentric is entitled to shut down multiple registrations. The account is non-transferable and personal. So much so that if the customer leaves his account to third parties for use, he is liable for the use of the same extent as if he had made the order himself.
- The user undertakes to provide all information relevant to the order (e.g. name, Address, e-mail address) completely, truthfully and conscientiously.
- The user undertakes to provide his user account information, in particular keep the contact information up to date. Failure to comply with this obligation entitles EcoCentric to suspend the service for the user.
- All orders made with the user’s credentials are the responsibility of the user, unless he has informed EcoCentric in advance (e.g. in the online platform, by email or by phone) of the loss of his access data or any other suspicion of abuse.
- The granting of the rights of use is conditional upon compliance of our terms and conditions. If the user violates these terms and conditions, the usage rights of the EcoCentric app, including content, are automatically revoked.
- EcoCentric has the right to terminate its services, at any time, with unilateral declaration and immediate effect. In particular, EcoCentric has the right to discontinue the free provision of the EcoCentric app or certain functions and content at any time or offered for a fee. This will be communicated to users in good time but at least 14 days in advance.
- EcoCentric is entitled to have its obligations fulfilled by third parties.
- The user can terminate participation or usage of EcoCentric at any time by deactivating the user account. The user must ensure their user account has no outstanding EcoCentric reusable packaging or fees and is obliged to settle all accounts prior to the termination of their account.
- The user must have a device connected to the internet in order to download the EcoCentric app and access the reusable system according to the general terms and conditions.
- In the case of borrowing EcoCentric reusable packaging without the Internet, the user accepts that the quality and availability of the Internet network is not the responsibility of EcoCentric and that therefore the availability of the reusable system due to the quality and availability of the Internet connection can be affected, network partners and users is made available by their respective telecommunications operator.
- EcoCentric does not guarantee the performance of the EcoCentric app. It’s not part of the service agreement that the EcoCentric app can be accessed at any time, is secure or error-free, or insignificant errors in the software or in the service are corrected.
When creating a user account, the user accepts that EcoCentric will send e-mails as well as automatic push notifications in the EcoCentric app within the framework normal operation of the reusable system.
COSTS WHEN REMOVING PACKAGING FROM THE ECOCENTRIC REUSABLE SYSTEM
- Users can always use the EcoCentric reusable system free of charge by borrowing EcoCentric reusable packaging from Network and Corporate partners and returning it in on time to EcoCentric Return Hub.
- The deadline for using EcoCentric returnable packaging free of charge is currently 7 Days (“the period”.)
- The period counts for each reusable packaging and begins with each order checkout. The start of the period is always the time of the digital transaction before the personal receipt of the reusable packaging by the user. EcoCentric reserves the right to adjust the length of this period, whereby all users will be notified by email of the change and the starting time of when the change will come into force.
- Should the user fail to return EcoCentric reusable packaging in good time before the deadline, the user account will be suspended and no additional products can be ordered until the late packaging is returned and registered into the EcoCentric system. This could take up to 24 hours from the time of return. We reserve the right to charge a late fee of AED5,00 per late product, the user is responsible to pay the late fee via a payment link sent from EcoCentric email. The user account is suspended until the late fee has been paid. EcoCentric reserves the right to adjust this fee in the future; all users will be informed of such a change by email at least 14 days in advance of the effective date of the change.
- If EcoCentric reusable packaging is not returned on time, or in unusable condition, the user will be suspended from the EcoCentric .This will have a negative impact on EcoCentric system, since the packaging can no longer be used by EcoCentric to prevent disposable packaging waste. The user will be billed a flat fee for each missing Eco-Pack item. If the user wishes to keep the Eco-Pack items, he/she may do so after settling the outstanding fees which will reactivate the account.
- The EcoCentric users are obliged to return all the reusable items received with the order.
- Upon exercising the right of termination or withdrawal from the EcoCentric system, the user is obliged to return all Eco-Packs in his possession.
- If the user wishes to purchase any product or service made available through the Service (“Purchase”), the user may be asked to supply certain information relevant to the Purchase including, without limitation, user email address associated with the account.
- The user understands that the Goods described herein have been used by persons other than Seller. Purchaser acknowledges that the Goods sold herein may be dangerous if improperly used, this included but is not limited to microwaving the lid. Seller will not be responsible for any loss or injury resulting from defects or alleged defects in the Goods sold or from the subsequent use of the items. Purchaser agrees to defend any suit, action or cause of action brought against Seller, its directors, officers, employees and other agents and representatives by any person based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including, but not limited to, attorney’s fees or legal expenses in connection therewith or resulting therefrom.
TERM AND TERMINATION FOR USERS
- EcoCentric is free for users. There is no subscription or a minimum contract period. The contract created with the registration is concluded for an unlimited period and can be terminated at any time in writing (e.g. by email). Upon termination, the user is obliged to return all loaned packaging immediately within 7 days to an EcoCentric Return Hub. The contractual relationship concluded between the user and the Network or Corporate partner is not affected by the above.
PRICES & PAYMENT
- The prices displayed at the time of the order apply to the conclusion of a contract via the online platform. All prices displayed on the online platform are in AED and include the value added tax.
- When making online payments, the user is obliged to ensure sufficient funds in the relevant account or to only pay with the credit card within the permitted credit limit.
RIGHT OF WITHDRAWAL
- The user has no right of revocation if the products ordered are those that are not prefabricated and the manufacture of which an individual selection or determination by the user is decisive or that are clearly tailored to the personal needs of the user, they can spoil quickly or whose expiration date would quickly be exceeded or not for reasons of health protection or hygiene are suitable for return if their seal has been removed after delivery. Such products are in particular:
- Food, open beverages such as coffee/tea in cups, others food/meals freshly prepared to order by the customer;
- Goods that need to be maintained at a maximum temperature, such as, refrigerated foods, frozen foods after they have been handed over to the Customers;
- Bottled drinks after opening the cap;
- Hygiene items after removing the outer packaging;
- Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you took possession of the products. In order to exercise your right of withdrawal, you must send a clear declaration to us (EcoCentric, email address: firstname.lastname@example.org ) to inform us about your decision to withdraw from this contract.
- Consequences of the revocation: If you revoke this contract, we will have all payments that we have received from you immediately and at the latest within fourteen days to be repaid on the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We pick up the products. We bear the costs of returning the products. You only have to pay for any loss in value of the products if this loss in value is due to handling of the products that is not necessary to check the nature, properties and functionality of the products.
COUPONS AND PROMOTIONS
- Advertising / promotional / discount vouchers and / or advertising / promotional / discount codes cannot be combined with other promotions, discounts or promotions. In addition, the respective conditions of participation apply to the vouchers, codes and promotions. Otherwise, the statutory provisions apply.
- The user can rate the services of EcoCentric and the network partner on the online platform. An assessment can refer to the reliability of the network partner and the quality of the products offered by the network partner. The user is obliged if he makes an evaluation, to submit the evaluation to the best of his knowledge and belief. The user allows EcoCentric the non-exclusive, free, temporally and spatially unlimited use of the content of the evaluation transmitted by the user as well as the internal storage of the user data for the evaluation as well as the time and other technical information at the time of submission of the evaluation.
- EcoCentric is entitled but not obliged to publish the rating submitted by the user on the online platform so that it can be viewed by all other users. When submitting the rating, the user selects the display name that is to be displayed for the rating. EcoCentric is entitled to delete a published review at any time.
- The user may not provide false information in the rating, nor use the rating system for advertising purposes or other misuses. The user is prohibited from submitting a review that has offensive, discriminatory or misleading content. If the user violates the rights of third parties through the evaluation, he is obliged to indemnify EcoCentric from third-party claims.
OBLIGATION OF CARE FOR HANDLING ECOCENTRIC ECO-PACKS (REUSABLE PACKAGING).
- Network partners and users undertake to handle the reusable packaging provided by EcoCentric with care and to use it exclusively for the transport and consumption of food. EcoCentric reusable packaging may only be filled with food.
- Users must return Eco-Packs in acceptable condition of cleanliness, if the EcoCentric is kept for more than 24 hours, the user must rinse the EcoCentric product before returning to a network partner.
- Network partners and users must not wilfully damage the Eco-Packs in any way.
- Network partners and users must not dispose of any Eco-Pack (or any part thereof) at waste or recycling facilities, even if broken. These shall be sent to EcoCentric Return Hub for inspection and disposal.
- Severely damaged or chipped Eco-Packs shall be returned to EcoCentric by users and network partners for proper disposal. EcoCentric will invoice the customer for EcoCentric reusable packaging that has been damaged, lost, and at a price varying per container size including VAT per item.
- 01 Small bowl – AED 5,00
- 02 Medium bowl – AED 7,00
- 03 Large Bowl – AED 10,00
- 04 Lids – AED 3,00
- 05 Empty cutlery box – AED 5,00
- 06 Fork, Spoon, Knife – AED 2,00 each
- In the case that the User loses an Eco-Pack or any part of it, the User must, as soon as possible:
- Notify EcoCentric of the loss by email to email@example.com
- Pay the applicable fee to replace the EcoCentric: all payments of Eco-Pack(s) shall be completed through the link sent from EcoCentric’s official email address.
- Network partners and users shall not be held liable for the natural wear and tear of the Containers. However, Users will be charged the following fees for any lost Eco-Pack(s).
- Responsibility for the return system: EcoCentric takes the responsibility for the operation of the technical infrastructure and central data platform for the reusable system offered in order to ensure smooth operation. EcoCentric works continuously on the further development and expansion of the network of Return Hubs and operates marketing and communication.
- Information on participating network partners and discount campaigns: EcoCentric uses the EcoCentric app to inform users about current Network partners and, if applicable, about partner discounts.
- Recycling of damaged Eco-Packs: EcoCentric wilfully takes back damaged, incomplete reusable packaging in order to inspect it. EcoCentric brings the parts that can be reused back into the system or sends them for controlled recycling.
- Delivery with reusable packaging: EcoCentric supplies Network partners with the agreed amount of EcoCentric Eco-Packs up to 14 days after the signing of the contract.
- In the event of a breach of essential contractual obligations, EcoCentric is liable for the foreseeable damage typical of the contract. Essential obligations are limited to those that users can rely on to fulfil the purpose of the contract.
- EcoCentric is not liable for damage resulting from a breach of duty for which the Network partner is responsible and if the obligations of these contractual conditions are observed and other traffic obligations could have been prevented.
- EcoCentric is not liable for third-party negligence or in the event that the online platform cannot be reached (e.g. due to technical problems, failure of the internet connection, etc.).
- In all cases of contractual and non-contractual liability, EcoCentric is only liable for intent and gross negligence. Liability for damage resulting from injury to life, limb or health remains unaffected by this limitation of liability.
- EcoCentric, its legal representatives, vicarious agents and employees are not liable for damage caused by slight negligence.
- EcoCentric is not liable for the content and implementation of the contractual relationship between the network partner or corporate customer and the user, including the details / data / information provided by the network partners and users in the app. EcoCentric assumes no liability for the services provided to the customer by the network partner or corporate customer.
- Statutory warranty claims and claims of the user under the Product Liability Act as well as a possible direct claim against the respective network partner as a contractual partner of the user are not affected by the above liability regulations.
- If a third party claims against EcoCentric because of a violation by users of these general terms and conditions, the user indemnifies EcoCentric from all claims and costs and assumes the direct or indirect costs, including reasonable costs for legal advice. This does not apply if the user is not responsible for the violation. EcoCentric reserves the right to defend itself against such claims.
NETWORK PARTNER’S LIABILITY
- The network partner and their employees, representatives and vicarious agents are only liable to users in the event of intent or gross negligence. The same applies to negligently caused damage resulting from injury to life, body or health. In the event of negligently caused property and financial damage, the network partner is only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that is foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those whose fulfilment characterizes the contract and on which the contracting parties can rely.
- Statutory warranty claims and claims of the user under the Product Liability Act are not affected by the above liability regulations.
In the contractual relationship between the user and the network partner, the statutory provisions apply, in particular the statutory warranty rights.
RIGHTS OF USE TO PICTURES, FILMS & TEXTS
- EcoCentric is the owner of the rights of use to all self-produced and provided images, films and texts that are published on the EcoCentric website, in the EcoCentric app or elsewhere by EcoCentric. Use of the images, films and texts is not permitted without the express consent of EcoCentric. Consent is not given by the mere conclusion of the EcoCentric partnership, but can be requested by e-mail to firstname.lastname@example.org
- If EcoCentric has given its consent for its use, corporate customers, network partners and users undertake to use the corresponding images, films and texts only in accordance with the EcoCentric branding guidelines that are provided with their consent.
- network partners, corporate customers and users who publish their own content (images, films, texts, etc.) with a clearly recognizable EcoCentric reference (e.g. by displaying EcoCentric packaging or linking to the website or a EcoCentric social media profile, etc.) hereby expressly consent to the continued use of the shared content by EcoCentric without restriction in terms of time and location. By creating a user account, users give their consent to the continued use of the material by EcoCentric. This also applies accordingly to network partners and corporate customers as defined in the individually concluded contracts.
- The EcoCentric system allows users to post, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). The user is responsible for the content uploaded to the EcoCentric system.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by GoEco Portal.
GoEco Portal has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that GoEco Portal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
REFERRAL PROGRAM TERMS
- This Referral Programme is open to selected EcoCentric customers (‘you’/’user’) aged 18 or over who have made at least 1 EcoCentric order.
- We will notify you by email that you are eligible for the Referral Programme. The email will include a unique CODE. Simply share your unique CODE with a friend or relative (aged 18 or over) and who you think would be interested to join our eco-friendly movement. If anyone to whom you give a referral code places an order with EcoCentric, and uses the code at the checkout, you will be granted a unique discount code for your own future purchase.
- The code will expire automatically within the period stated in the promotional materials or other associated EcoCentric materials.
- We may discontinue the Referral Programme at any time. We will give advance notice of discontinuance on our Site. Voucher credit already applied to your account as a result of referrals will remain available, even if the Referral Programme is discontinued.
- You may receive Voucher credit for a maximum of 10 referrals. We reserve the right to change the maximum number of referrals for which Voucher credit is awarded at any time, though you will receive Voucher credit for any referral orders placed by your relatives or friends before the change.
During any product delivery made by shops, if the user is not available in the address specified in the system, the products ordered by the user shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a meal to an address where he/she does not exist.
The return policy shall be the policy of each shop. EcoCentric does not undertake any responsibilities for the disputes, which may arise from terms of product returns belonging to the shops.
- Acceptance and Disclosure
By using your Membership Account that you were invited to receive and redeem points of the Program, you agree that;
– You have read and accept these terms and conditions set out herein,
– You consent to the collection, use, and disclosure of your personal data by the Company, the Program, and the Company’s affiliates to any third party for any purpose related to the Program or the company’s business.
- Termination or Modification
The Company reserves the right to modify at any time without notice its Program including but not limited to the Program benefits, awards, The program’s Earning and Redemption Points as set in provision no.4 (referred to hereinafter as ‘Provision No. 4’), and some or all of these terms and conditions set out herein in the program pages. Loyalty Members are responsible for remaining knowledgeable of the Program terms and conditions and any modifications that may occur to them. The Program Account member’s continued participation in the Program will constitute the acceptance of any such modifications.
The Company may terminate the Program, in whole or in part, with two-week prior notice to all active Program Members, and all unredeemed Points will be lost after the conclusion of the notice period without any obligation or liability.
The Company can immediately terminate the Program Membership Account of an Account member, if in its reasonable opinion the account member has breached these terms and conditions, or behaved fraudulently, or has provided the company with false or misleading information. In the mentioned events the account member case will lose all the acquired benefits and any right of use.
- Earning and Redemption
The Company’s Program membership allows its account members to earn and redeem points when making purchase orders through the EcoCentric website and application and only within the U.A.E territory, and in accordance with the rules, requirements and specifications set out below:
Users will benefit from a minimum of 1 point for every AED 1 spent and the opportunity to earn additional points from time to time as communicated by the Program.
Provided that the EcoCentric Rewards Relationship is active and in good standing, as determined, Rewards Points may be redeemed in exchange for EcoCentric Credit which may be used for any purchase on an Ecocentric website or app.
Once issued, the redemption of credit and other vouchers are not exchangeable, returnable, refundable, or redeemable for cash or credit, nor will they be replaced in the event of loss, damage or destruction. Once submitted, an order for redemption cannot be canceled, revoked, transferred or changed by EcoCentric Rewards Accountholder in any manner.
- Expiration of points:
The Program points earned from making a qualifying purchase as per the Loyalty Program Earning and Redemption Points Catalogue, are only valid for a period of 90 days from the date of crediting the points to the member’s account.
- Claims; Cancelled, Modified, Delayed Orders
In case of an order being canceled or modified by the account member, the points earned from this order will be deducted from the member’s loyalty account. In case of an order being delivered to the member after the estimated delivery time, for any reason, no additional points will be earned as a result of this delay. Redemption award claims shall not be accepted for any backdated access and purchases made by the account member as a Guest.
The Company shall not be held responsible for any direct or indirect consequences associated with any force majeure events or malfunction beyond its control, and/or any direct or indirect consequences associated to the member’s non-accordance use or fraudulent use with these terms and conditions.
- Governing Law
These terms and conditions and any disputes or claims arising out of, or in connection with, shall be governed by and construed in accordance with the law of the United Arab Emirates.