1. Personal Information We Collect
Information you give us
Personal information that you may provide through the Services or otherwise communicate with us includes:
• Account information, we collect information from you when you register for an account (“Account”) in the App, such as your first name, last name, email address, bank account data;
Information automatically collected
We may automatically log information about you and your mobile device when you access our App. For example, we may log your mobile device operating system name and version, manufacturer and model.
If you enable location sharing, we may log your location, when the App is used to provide assistance for you to find a Loop collection bin nearby as a bin map with navigation.
2. How We Use Your Personal Information
To provide our Services
If you have an Account or use our Services, we use your personal information to:
- operate, maintain, administer and improve the Services;
- manage and communicate with you regarding your Account, if you have one, including by sending you service announcements, technical notices, updates, security alerts, and support and administrative messages;
- process and manage your credit accounts and refunds;
- better understand your needs and interests, and personalise your experience with the Services;
- provide support and maintenance for the Services;
- respond to your service-related requests, questions and feedback; and
- to effectively deal with customer complaints. Your information may, where appropriate, be shared with Loop partners (i.e. Tesco).
LOOP MOBILE APPLICATION - END USER LICENCE AGREEMENT AND TERMS OF SERVICE
In this document, when we refer to "we", "us" or "our", we mean Company; and when we refer to "you" or "your" we mean you, the person accessing or using the App.
1. Understanding these terms
1.1 This end user licence agreement and terms of service (this "EULA") describes how you may download the App and access and use the App. It also describes: (i) how to use the App to return the Vessels (and the Loop Totes when applicable) if you place an Order; (ii) how we return Deposit Fees to you if you place an Order ; and (iii) any other services made available through the App (the "Services"). By accessing the App, this EULA will apply to you and you agree to the terms of this EULA. You should therefore read the terms carefully before using the App.
1.2 When certain words and phrases are used in this EULA, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 This App requires a smartphone or other mobile device running either the iOS or Android operating systems (the device you use, the "Device") and, to download the App and to access the latest features, you will need Internet access.
1.4 Please note that:
1.4.2 to download the App you must also review and agree to the Google Play terms and conditions or the Apple Store terms and conditions which you have used to download the App. Links here:
2.1 The following definitions apply to this EULA:
"Deposit Balance" means the Deposit Fees and deposit funds available in your Account at any given time;
"Deposit Fee" has the meaning given in clause 5.1 ;
"Device" has the meaning given in clause 1.3;
"Loop Return Point" means a stationary locker, used for returning Vessels and Loop Totes if any;
"Loop Tote" means the durable and reusable tote bag supplied with your Order when applicable
"Order" means an order for the products made in the Participating Stores;
"Participating Stores" means the stores where orders of products can be made
"Services" has the meaning given in clause 1.1;
"Unique Code Label" has the meaning given in clause 5.5;
"Vessel" means the durable and refillable vessels used by us for packaging products;
"Withdrawal Request" has the meaning given in clause 6.2.
3. The App
3.1 The App is made available free of charge. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. Our app is constantly evolving and, for technical, commercial or legal reasons, we may suspend, withdraw, discontinue or change all or any part of the App without notice. If such change materially alters your use of the App, you will be informed of such change. We will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update the App and/or change the content on it at any time.
3.2 You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of this EULA and that they comply with them.
3.3 The App and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
3.4 The Services and the App are only intended for persons aged 18 and over. If you are under the age of 18, then you must immediately cease to use the App.
3.5 You may only use the App for your own domestic, private and non-commercial use.
4. Your account and password
4.1 You will need to register an account with us in order to access certain services available on the App ("Account"). You can register using the App. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such password as confidential and you must not disclose it to any third party.
4.2 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this EULA.
4.3 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at email@example.com.
4.4 You are responsible for any unauthorised use of your Account login details.
5. Returning the Vessels and Loop Totes
5.1 You pay for a deposit fee for each Vessel (and Loop Tote if applicable) you purchase at Participating Stores ("Deposit Fee"). An amount equal to the Deposit Fee for particular products purchased will be refundable to you when you return the Vessel and any Loop Tote(s) related to those products to us via a Loop Return Point using the App, unless otherwise specified and communicated to you. The App allows you to return your Vessels and/or Loop Tote(s) to a Loop Return Point in accordance with clauses 5.2 to 5.6 (inclusive) below.
5.2 If you are returning a Vessel without the Loop Tote, please ensure that it has been properly sealed.
5.3 If you are returning the Vessels into the Loop Tote(s) supplied with your Order, please ensure that all Vessels have been packaged carefully in the Loop Tote(s) and that any Loop Totes you wish to return are securely sealed.
5.4 You could be responsible for any damages caused by or to Vessels not packaged carefully and by or to Loop Totes not securely sealed
5.5 You can use the App to locate your nearest Loop Return Point. If you have enabled location services, the App will show you the Loop Return Points which are closest to your current location.
5.6 You will need to use the App to scan the QR code on the Vessel or Loop Tote you wish to return before placing it in the Loop Return Point. This lets us know that you're returning the Vessels and Loop Tote and when to expect them. If the Vessel you want to return has a QR code, you'll need to use the App to scan the QR code. If the Vessel you want to return doesn't have a QR code, you might be able to create an Unique Code Label ,see clause 5.7. Once you've scanned the QR code on the Vessel(s) and/or Loop Tote(s) using the App, you can place the Loop Tote(s) and/or Vessel(s) that you're returning in your nearest Loop Return Point. If you're having trouble finding the QR code on the Loop Tote or Vessel or if you cannot locate your nearest Loop Return Point, you can contact us at: firstname.lastname@example.org.
5.7 In some instances when the Vessel you want to return doesn't have a QR code, you'll be able to use a label with a unique code on it ("Unique Code Label") to return the Vessel. In that case, you'll be able to access a Unique Code Label at your nearest Loop Return Point. Take the Vessel to your nearest Loop Return Point and follow the instructions at the Loop Return Point to access your Unique Code Label. Once the Unique Code Label has been accessed, you will need to affix it to the Vessel. Make sure to scan the Unique Code Label using the App before placing the Vessel in the Loop Return Point, so that we know to expect your Vessel. Once you've affixed the Unique Code Label to the Vessel and scanned it using the App, you can place your Vessel in the Loop Return Point.
5.8 Any return of Vessel(s), and Loop Totes when applicable, using the Loop Return Points and the App on your Device in order to scan the QR code on the Vessel or to affix and scan a Unique Code Label (as applicable) will be taken to our warehouse to be processed. Once we've processed your return made by using the App in this manner, we'll let you know and an amount equal to the Deposit Fees applicable to those Vessels, and Loop Tote(s) if applicable, will be returned to your Account.
6. Deposit Fees
6.1 You can view your Deposit Balance for returned Vessels and, if applicable, Loop Tote(s) in the App at any time.
Withdrawing Deposit Fees
6.2 You can use the App to submit a request for a withdrawal of any Deposit Fees at any time and may do so up to the amount that is currently available in your account’s Deposit Balance. If you want to submit a request for withdrawal, go to the Withdraw Deposit section of the App and follow the instructions to request a withdrawal. You will have the option to request that an amount equal to the Deposit Fees available on your account’s Deposit Balance are sent to your PayPal account or transferred to your bank account ("Withdrawal Request"). Please note that:
6.2.1 if you want to use PayPal, you'll need to set up a PayPal account on the PayPal website (and comply with any applicable terms of service or other agreements that apply to that PayPal account); and
6.2.2 if you request that an amount equal to your Deposit Fees are transferred to your bank account:
220.127.116.11.1 you will need to provide your bank account details in the App; and
18.104.22.168.2 we use TransferWise to make transfers to bank accounts.
6.3 If you request that an amount equal to your unused Deposit Fees is returned to PayPal account, you should receive such refund within a maximum of 7 working days from the date you submit the Withdrawal Request. If you request that an amount equal to your Deposit Fees is transferred to your bank account, you should receive such refund to your bank account in a few hours from the date you submit the Withdrawal Request. Please note that in certain circumstances, for example if we suspect fraudulent activity on your Account, we will be unable to complete your Withdrawal Request. If we are unable to complete your Withdrawal Request, we will let you know.
7. Acceptable use
7.1 You agree:
7.1.1 not to use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
7.1.2 not to use the App for any fraudulent purposes;
7.1.3 not to infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use if not licensed under this EULA);
7.1.4 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
7.1.5 not to use the App by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the App for use within a third party website or application;
7.1.6 not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmission to or from the servers running the App;
7.1.7 not to copy, or otherwise reproduce or re-sell any part of the App unless expressly permitted to do so in this EULA;
7.1.8 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
7.1.9 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
7.1.10 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
7.1.11 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
7.1.12 not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
7.1.13 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
7.2 You acknowledge that you have no right to have access to the App in source-code form.
7.3 We do not guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the App and we recommend that you use your own virus protection software.
7.4 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
8. Intellectual property
8.1 We grant to you, on a worldwide basis and for the term of their protection by Intellectual Property rights, a non-transferable, non-exclusive, revocable licence to use the App on the Devices provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
8.2 You acknowledge that we and our suppliers are the owners or licensees of all intellectual property rights in the App and its content, including but not limited to the "Loop" name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
8.3 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA. You must not use the App (or any part of it or its content) for commercial purposes; however, you may download material from the App solely for non-commercial, personal use by you.
8.4 No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
8.5 Any communications or materials (including, without limitation, any content uploaded by you to the App but excluding any financial data you provide, such as your bank account details) you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the App to buy products from us). You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual, worldwide licence to use, copy, modify, adapt, amend, prepare derivative works of, publish, transmit and distribute any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or materials for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
9. Our liability
9.1 Nothing in this EULA excludes or limits our liability for:
9.1.1 death or personal injury caused by our negligence;
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.2 If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that that (i) arises out of or is caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, pandemics, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, (ii) which is caused by your breach of this EULA; or (iii) that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the App.
9.3 Nothing in this EULA affects your statutory rights. If you are resident in the UK, advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
9.4 We only supply the App for domestic and private use. You agree not to use the App, or any content on the App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 The App may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the App.
9.6 Save as set out in clause 9.1 above, our maximum liability to you under this EULA is limited to £100.
9.7 We assume no responsibility for the content of websites or mobile applications linked to from the App (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites or mobile applications. We will not be liable for any loss or damage that may arise from your use of them.
10. Suspension and termination
10.1 Either you or we may terminate this EULA at any time for any reason.
10.2 If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
10.2.1 issue a warning to you;
10.2.2 temporarily or permanently remove any content uploaded by you to the App;
10.2.3 temporarily or permanently withdraw your right to use the App;
10.2.4 suspend or terminate your Account;
10.2.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
10.2.6 take further legal action against you; and/or
10.2.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
10.3 If we withdraw your right to use the App, then:
10.3.2 you must immediately cease all activities authorised by this EULA, including your use of any services provided through the App; and
10.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and confirm to us that you have done so.
10.3.4 you must withdraw any amount in your Deposit Balance prior to terminating your Account.
11. Changes to this EULA
11.1 We may make changes to the terms of this EULA from time to time (if, for example, there is a change in the law that means we need to change this EULA). We will provide you with at least thirty day's advance notice of any such changes. If you do not wish to continue using the App following the changes to this EULA, you can cancel your agreement to this EULA by cancelling your Account. From time to time updates to the App may be issued through the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
11.2 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Services on or in relation to any Device, whether or not it is owned by you.
12. Other important information
12.1 Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.2 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13. Governing law and jurisdiction
13.1 This EULA is governed by English law i. This means that your download, access to, and use of, the App, and any dispute or claim arising out of or in connection therewith will be governed by English law.
13.2 If you are a consumer, you may bring any dispute which may arise under this EULA to - at your discretion - either the competent court of England or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are - with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if within the UK or is in an EU Member State, or otherwise the competent court of England.
13.3 As a consumer, if you are resident in the UK or the European Union and we direct this App to the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
14. Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
In the UK
Address: LOOP Durable Systems UK Ltd, 5 Wadsworth Road, Perivale, UB6 7JD, United Kingdom
Email address: email@example.com
Telephone number: +44(0)2035150302
Terms last updated on 20.05.2021
Additional App Terms
The following terms and conditions shall apply to your use of the App in addition to those set out in this EULA.
For the purpose of this appendix 1, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
1. You acknowledge and agree that this EULA has been concluded between you and the Company, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact the Company at firstname.lastname@example.org.
3. In the event that the App does not conform with any product warranty provided for by this EULA, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
4. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
5. In the event that a third party claims that the App infringes its intellectual property rights, the Company (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.