Terms & Conditions

Article 1 - Definitions

Account: the individual profile that each User creates on the App or Website

Agreement: the agreement between Byewaste and the User for the provision of the Services

App: Byewaste's mobile application available through the App Store (Apple) and Play Store (Google)

Byewaste: Byewaste B.V., having its registered office at Lepelaarsingel 72 B 3083 KM Rotterdam

Freemium Service or Repair Service: the provision of Services in exchange for a fee as provided in Articles 8(2) and 8(3)

Items: electronics, textiles, toys, books and other belongings that the User requests to have picked up by Byewaste, which are suitable for a second life

Services: the picking up of Items of the User by Byewaste and all related services provided by Byewaste

Terms and Conditions: these terms and conditions as occasionally amended and supplemented

User: any natural or legal person who uses the App or Website and related Services

Website: Byewaste's website www.byewaste.nl

Article 2 - Applicability

These Terms and Conditions apply to any relationship between Byewaste and the User. Before using the Services through the App or Website, the User accepts these Terms and Conditions without any reservation and is therefore required to review the Terms and Conditions thoroughly to ensure that they have understood and agreed to the Terms and Conditions. If the content of the Agreement differs from the content of these Terms and Conditions, the content of the Agreement shall prevail.

Article 3 - Byewaste model

The User shall collect the Items for pick-up and package them in a box or bag of maximum dimensions and maximum weight as indicated on the App and Website. The User shall label packages with Byewaste stickers or pen and paper in accordance with the instructions as described on the App and Website. The User guarantees that all Items are clean, safe for pick-up and suitable for a second life, in accordance with the explanation and instructions as described on the App and Website. The User shall provide photographs of the Items in order for Byewaste to assess the quality of the Items, improve services and provide information about the volume of pick-ups.

The User shall identify a pick-up date and time slot with Byewaste. The User shall provide their mobile phone number in order to coordinate operations. Byewaste may contact the User with regard to specific enquiries submitted by the User.

Once the User submits the Items for pick-up through the App or Website and Byewaste accepts the pick-up, Byewaste commits to collecting the Items at the specified date and time, while the User commits to offering the Items as specified herein, subject to Article 4.

Ownership of Items passes to Byewaste for no consideration when Byewaste's representative picks up the Items at the place indicated by the User.

Article 4 - Right of cancellation

Both Byewaste and the User may cancel the pick-up up to 24 hours before the scheduled time slot. Byewaste may cancel the pick-up less than 24 hours before the scheduled time slot with reasonable justification. In such a situation, Byewaste shall suggest an alternative date and time slot.

Byewaste may at any time cancel the pick-up if the Items do not, or there are good reasons to fear that the Items do not meet the requirements of Article 3(2).

Article 5 - Accounts and membership

When using the Services, the User confirms to be legally capable of entering into binding agreements. The User is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with it. Byewaste may monitor and review new accounts before the User is permitted to sign in and start using the Services.

Providing false contact information of any kind may result in the termination of the User's Account. The User shall immediately notify Byewaste of any unauthorized uses of their Account or any other breaches of security.

Byewaste may suspend, disable, or delete the Account (or any part thereof) if Byewaste determines that the User has violated any provision of these Terms and Conditions or that the User's conduct or content would tend to damage Byewaste's reputation and goodwill. If Byewaste deletes the Account for the reasons listed in Article 5.5, the User may only re-register for Byewaste's Services with Byewaste's permission. Byewaste may block the User's email address and Internet protocol address to prevent further registration.

Article 6 - Prohibited uses

The User shall not use the App, Website or Services:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any national or international regulations, rules, laws, or local ordinances;
to infringe upon or violate Byewaste's intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App and Website, third party products and services, or the Internet;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the App or Website, third party products and services, or the Internet.

Byewaste may exercise its rights under Article 4 and Article 5 if the User violates any of the prohibited uses.

Article 7 - Links to other resources

Although the App or Website may link to other resources (such as websites, mobile applications, etc.), Byewaste does not imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Byewaste is not responsible for examining or evaluating, and does not warrant the offerings of, any businesses or individuals or the content of their resources. Byewaste does not assume any responsibility or liability for the actions, products, Services, and content of any other third parties. The User is advised to carefully review the legal statements and other conditions of use of any resource which the App or Website may link to.

Article 8 - Remuneration and gamification

The User is not obliged to pay a fee for the Services. If the User wishes to submit any special requests, such as enable faster pick-ups or boxes in excess of the maximum limits described on the App or Website, the User agrees to pay a fee as indicated on the App and Website (Freemium Service).

If the User wishes to submit a repair request, the User agrees to pay a fee as indicated by email (Repair Service). When a User subscribes to a Freemium Service or a Repair Service, Byewaste makes use of a third-party provider (Stripe). The User will be required to provide a direct debit mandate to have costs owed debited to the relevant bank account number, credit card or other payment method.

The User may earn points or vouchers for actions related to the Services (Gamification). The User may redeem the points by making donations to any of Byewaste's NGO partners. The User may redeem the vouchers by making purchases at any of Byewaste's sustainable partners. The points and vouchers described in Article 8(5) do not include or imply any monetary reward to the User.

Article 9 - Intellectual property

All intellectual property rights relating to the App and Website belong to Byewaste. Byewaste is free to sell the usage of its platform to other undertakings (i.e. prospective licenses). The Agreement does not include a transfer of intellectual property rights as well as related documents as part of the provision of Services to the User.

Article 10 - Liability

Byewaste shall not be liable for any damages or harm suffered by the User as a result of using the App or Website, except in cases of willful misconduct, deliberate negligence or gross negligence on part of Byewaste.

Byewaste shall not be liable for any damages or harm suffered by the User as a result of supplying the Services, except in cases of willful misconduct, deliberate negligence or gross negligence on part of Byewaste.

Article 11 - Indemnification

The User shall hold harmless and fully indemnify Byewaste against any and all losses, damages and liabilities incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the User's content or use of the App or Website or of the Services or willful misconduct. an Item offered by the User not meeting the requirements set out in Article 3(2) or any further requirements described on the App and Website.

Article 12 - Severability

All rights and restrictions contained in these Terms and Conditions may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Article 13 - Changes and amendments

Byewaste may unilaterally amend these Terms and Conditions at any time. When amending the Terms and Conditions, Byewaste will revise the updated date at the bottom of this page. Byewaste may also provide notice to the User in other ways at its discretion, such as through the contact information that the User has provided.

An updated version of these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions unless otherwise specified. The User's continued use of the Services after the effective date of the revised Terms and Conditions will constitute the User's consent to those changes.

Article 14 - Applicable law and competent courts

Dutch law applies exclusively to the Agreement and these Terms and Conditions. All disputes arising from or connected with the use of the App and Website, the Agreement and the General Terms and Conditions will only be submitted to the competent court in Rotterdam, insofar as another court is competent in accordance with any mandatory provision.

Article 15 - Final provision

The Dutch text of these Terms and Conditions constitutes the only authentic text. In case of differences between the Dutch text and a translation into another language, the Dutch text shall prevail.