Terms of Use for BottlePal service and its associated BottlePal application
BottlePal Service is a service used with BottlePal app. BottlePal users use the app to donate and collect empty returnable drink containers with deposit. The BottlePal app is used to run the application on a compatible device connected to the Internet.
The BottPal application is provided by ArcticApp Oy. The BottlePal application may only be used in Finland. Using the BottlePal service and application through non-ArcticApp Oy user interfaces is strictly prohibited.
The purpose of BottlePal service / BottlePal app is to improve the recycling of empty bottles and other drink containers, to provide drink container Donors daily service to ease everyday life and to offer Collectors with return containers a deposit included in return containers.
1. Information about ArcticApp Oy
ArcticApp Oy
Business ID: 2917291-4
Postal and Visiting Address: Korkalonkatu 3 A 39, 96100 Rovaniemi
Email address: info@bottlepal.fi
2. Definitions
“User” means the natural person or legal entity registered to use the BottlePal application.
“Drink Container” or “Beverage Container” means returnable empty bottles and cans for liquid storage (mainly beverages), as defined by Suomen Palautuspakkaus Oy, which contain a deposit regardless of their material, including also returnable Drink Containers with deposit belonging to Lidl Suomi Ky’s deposit system.
“Bottle Bag” means a plastic bag of about 40 liters capacity, filled with empty returnable deposit bottles, cans or other containers defined returnable Beverage Containers by Suomen Palautuspakkaus Oy. The bottle bag is estimated to contain about 15 bottles, cans or other containers. The amount may be more or less than the above. It is estimated that the return deposit value of the beverage containers contained in the Full Bottle Bag is approximately € 2.50. The amount may be more or less than the above.
“Donor” means the User who donates by utilizing the Application empty, pledged beverage containers owned or controlled by Suomen Palautuspakkaus Oy without receiving any compensation from the Collector.
“Collector” means the User who collects by utilizing the Application from the Donor empty, pledged beverage containers and reimburses a charge from its collection rights to ArcticApp Oy, thereby obtaining the right of ownership of the collected Drink Containers.
“Drop-off Location” means a geographical location marked on the map, or a location otherwise specified in the Application, where the Donor leaves the Bottle Bags for collection.
3. Description of BottlePal Service and Application
The BottlePal service is a digital service platform that BottlePal users can use to donate and collect empty, returnable beverage containers with deposit. The BottlePal service is used with BottlePal App to use it on a compatible device connected to the Internet.
The application provides the owners / holders of empty beverage containers, ie Donors, with the opportunity to donate of the returnable beverage containers to other persons, ie Collectors, to collect and further deliver returnable containers to the Drink Containers Return Points. The purpose of the application is to bring the Donors of the beverage containers into contact with the Collectors. Drink Container Donors will hand over Drink Containers to Collectors free of charge. No financial or other financial compensation shall be paid to the Donors of the Drink Containers for the Drink Containers transferred by ArcticApp Oy or Collectors or by anyone else. Drink Container Collectors will receive the deposit value of the respective Drink Container for their Drink Container received and returned to the Drink Container Returning Points. In turn, the Collectors of the beverage containers make payment to ArcticApp Oy specified in these Terms of Use later in these Terms of Use.
4. The parties to the agreement, the contract and the terms of the contract
When you register as a user of BottlePal Application, as described in Section 5, you confirm that you are familiar with these Terms and Conditions and agree an agreement with ArcticApp Oy to use BottlePal Application. Conclusion of the Agreement means that you agree to be bound by these Terms of Use, and you agree to the rights of ArcticApp Oy, as stated in these Terms of Use and in the Privacy Statement, to store information about you, to process information about you and to determine what your rights relate to your personal information. By registering as a user of BottlePal Application, you agree to these Terms of Use in full. Do not use the BottlePal Application if you do not agree to these Terms of Use.
By registering you become a User of BottlePal Application. As a user, you must read these Terms of Use and the Privacy Statement carefully before using the BottlePal Application. These Terms of Use apply to the use of the BottlePal Application, as well as the donation of Bottle Bags and the contents contained therein and Proceedings of Drink Containers between Donors and Collectors. If you register as a legal entity with BottlePal, you declare that you are authorized to represent that legal entity.
These terms and conditions can be found on BottlePal App and on the website maintained by ArcticApp Oy at www.bottlepal.fi.
The BottlePal Application Agreement may be concluded with a person aged 15 or older.
5. Registering as a user and closing a user account and ending using BottlePal Application
In order to use BottlePal Application, you must register and create an account as described in the BottlePal service and application instructions. The user account is personal and the User may not have more than one user account. ArcticApp Oy grants you a personal right to use the BottlePal Application in accordance with these Terms of Use. You do not have the right to copy, distribute or commercially exploit the BottlePal service and application other than within the earning potential of the Collector. The User is not entitled to transfer all or part of the rights or obligations arising from these Terms of Use to a third party.
You agree to keep your account login and other information secret. The user is responsible for the safe use of his account. If the User suspects of his account held by a third party or if the third party is aware of the information that he has access to a user account, the User must immediately contact ArcticApp Oy’s customer service.
You agree to provide your correct Personal Data upon registration to BottlePal and update them as and when they change.
The user is responsible for the acquisition, cost and functionality of the technical equipment, mobile devices, software and communications and communications connections required to use the BottlePal Application itself.
ArcticApp Oy has the right at any time to revoke your registration and user account if there is good reason to suspect that you are using the BottlePal Application or its content in violation of these Terms of Use or otherwise in accordance with law or good practice and you have not immediately corrected your activity upon receipt. For example, a user may not: copy, modify, modify, sublicense, or resell, or otherwise exploit commercially, the BottlePal Application and its parts or content, or this personal access right; deliberately provide incorrect registration information for use of the BottlePal Application; to circumvent any restrictions on access and use that may be imposed on the BottlePal Application; decompile, translate, or otherwise resolve program code for BottlePal Application.
In order to use the BottlePal Application, the User in the Collector status must have a valid electronic payment instrument accepted by ArcticApp Oy at any given time.
Signing up for a user and your account is valid until further notice.
You may terminate the registration and use of the BottlePal Application immediately upon notice in writing to ArcticApp Oy by e-mail to: asiakkuudet@bottlepal.fi . The current contact information of ArcticApp Oy can be found on the Internet at www.bottlepal.fi.
The termination of the registration and the end of use of the BottlePal Application will not occur by removing the BottlePal Application from your technical or mobile device. If you no longer wish to be registered and use the BottlePal Application, for example, when you transfer your mobile phone number to another person’s name or terminate your subscription, you must notify ArcticApp Oy in writing by e-mail to: asiakkuudet@bottlepal.fi.
ArcticApp Oy may remove your registration and terminate your use of the BottlePal Application by giving one (1) month’s notice of termination prior to termination of the registration and use of the BottlePal Application. Notification will be sent to the email address you provided when registering.
ArcticApp Oy has the right to terminate your registration and terminate your use of the BottlePal Application immediately if you have breached your Terms of Use and / or the terms and conditions expressly stated in these Terms of Use. ArcticApp Oy will send a landing declaration to the email address you provided when registering.
6. Using the BottlePal Application
6.1 General information
BottlePal Application Users can use the BottlePal Application to donate and / or collect returnable Drink Containers.
6.2 Obligations of the Donor
The Donor shall notify in the BottlePal Application of the donation of the Drink Containers they own / control. The donation notice must include the number of Bottle Bags to be donated. The number of Bottle Bags to be reported must strictly correspond to their actual quantity and contain only returnable Drink Containers in Finland. The number of beverage containers is indicated in the BottlePal Application in full Bottle Bags. In addition, the notice must indicate the date of donation and the place of donation and the exact drop-off location of the place of donation.
After the Donor has received a confirmation from BottlePal Application regarding Bottle Bags collection, and the Donor has subsequently confirmed a confirmation of the latter in the BottlePal Application (the “Second Confirmation”), the Donor is obliged to deliver the right Amount of Bottle Bags to the drop-off location in accordance with the Donor notice. The Donor’s last acknowledgment of confirmation will be deemed to be a legally binding declaration by the Donor that he will deliver to the Collector the amount of Bottle Bags at the time and place (“Drop-off Location”) stated in the Donor Notification.
The Donor confirms that it will waive all of its rights to the Bottle Bags and the Drink Containers contained therein after having submitted them for collection in accordance with Donor notification.
The donation of beverage containers through the BottlePal Application and the mediation is free of charge to the Donor. The Donor waives free of charge the Drink Containers contained in the Bottle Bags and the value of its pledge in full for the collection in favor of Collector. The Donor shall be deemed to have waived all of the value of the Collateral for the Drink Containers for the benefit of the Collector at the time the Donor has left the Bottle Bags with the Drink Containers at the Donation Place (“Drop-off Location”).
ArcticApp Oy is not liable to the Donor in any financial or other responsibility for the Bottle Bags that have been collected or not collected or for the Drink Containers contained therein. ArcticApp Oy shall not be liable to the Donor for, for example, waste of time, effort or any other action that the Donor has made to pack, sort, transfer, transport or in any way deal with Bottle Bags and / or Drink Containers.
In the event that the contents of the Donor’s Donation Notice do not correspond to the number of Bottle Bags indicated therein, or the Bottle Bags do not contain any Drink Containers returnable in Finland, the Collector is not obliged to accept the Bottle Bags. In such a case, ArcticApp Oy has the immediate right to remove the Donor’s User Account and License from BottlePal Application.
6.3 Obligations of the Collector
The Collector must notify in the BottlePal Application to collect the specified Bottle Bags provided by the Donor. The Collector must pick up the Bottle Bags provided by the Donor at the time indicated by the BottlePal Application at the Place of Donation. A notice from the BottlePal App to a Collector is a legally binding notice from the Collector that he will collect the Bottle Bags provided by the Donor at the exact time at the Drop-off Location.
ArcticApp Oy has the right to charge the Collector for the use of BottlePal Application according to the current price list. The charge will be made immediately after the BottlePal Application has confirmed the donation and collection transaction between the Donor and the Collector to the Collector.
ArcticApp Oy shall not be liable for Bottle Bags and / or any Drink Containers contained therein in relation to the Collector; quantity, quality, pledge and reticence or other matters.
ArcticApp Oy is not responsible for, for example, travel expenses, waste of time, effort or any other action bear by the Collector to collect, pack, sort, move, transport or generally carry out any of the Bottle Bags and / or Drink Containers. By accepting these Terms of Use, the collector declares and understands that the contents of the Bottle Bags may vary and that the Bottle Bag may not contain any returnable Drink Containers with deposits.
In the event that the Collector does not collect the Bottle Bags as stated by the Donor at the time indicated by the Donor, ArcticApp Oy has the immediate right to remove the Collector’s User Account and License from BottlePal Application.
6.4 Creating an agreement between the donor and the collector
A legally binding agreement between the Donor and the Collector will be established upon second confirmation of the Donor in BottlePal Application in accordance with the procedures described in paragraphs 6.2 and 6.3 above. The Donor and Collector may not cancel the Agreement after both the Donor and the Collector have both confirmed the collection.
ArcticApp Oy is not responsible financially or by any other means for what the Donor and the Collector may or may not demand for each other.
6.5 Payments and payment instruments
The fee charged by ArcticApp Oy to the Collector is based on the number of Bottle Bags indicated by the Donor and the price list valid at any given time. ArcticApp Oy has the right to collect a fee based on the number of Bottle Bags and the current price list, regardless of the amount of Bottle Bags the Collector actually collects from the Drop-off Location.
By accepting these Terms and Conditions of Use, the User (“Collector”) agrees that ArcticApp Oy has the unconditional right to charge on the electronic payment instrument indicated by the Issuer to the BottlePal Application based on the number of Bottle Bags indicated by the Donor and the current price list in euros.
ArcticApp Oy will provide the Collector with a BottlePal Application via a confirmation message including the use of the BottlePal Application for the amount charged and the applicable VAT. ArcticApp Oy sends a separate receipt to the Collector. The receipt will be sent to the e-mail address provided by the Collector upon registration. By accepting these Terms of Use, the User at the Collector status agrees that ArcticApp Oy has the right to make a charge or payment provision of the amount on the electronic payment instrument indicated by the Collector to collect the charge.
User in the Collector Status in the BottlePal Application may only fulfill payment obligation by using the electronic payment methods available in BottlePal Application.
7. Responsibility for the accuracy of the data
The User is responsible for the correctness and timeliness of the information provided to the BottlePal Application upon registration or use. This applies, for example, to information and validity of an electronic payment instrument, a mobile phone number and an email address. ArcticApp Oy is not responsible for the accuracy of the data. ArcticApp Oy has the right to prevent the use of the BottlePal Application if the information you provide is not correct.
8. Registration of personal information and privacy statement
When you sign up for BottlePal Application as a User and when using the BottlePal Application, ArcticApp Oy will register the following information for you:
– Name
– Email address
– Phone number
– Number, value and date of donation of the donated bottle bags
– Number, value, and time of collection of the collected bottle bags
– Charges charged for bottle bags that have been collected
– Facebook username
– Language
– Current time zone
– Default donation address
– Address of each donation
– Address of each bottle notification
– Credit Card Name
– Last 4 credit card numbers
– Last validity of credit card year and month of credit card
ArcticApp Oy keeps the information for the time allowed by law and uses them for use with the BottlePal Application to provide Users with BottlePal Application for the return of empty bottles and other Drink Containers and to charge Charges for using the BottlePal Application. ArcticApp Oy will only disclose information if required by law or authority decisions.
ArcticApp Oy has the right to verify and store the identity and address information of the BottlePal App User. ArcticApp Oy may also collect other information if it is necessary for the provision of services or if required by law or authority decisions.
ArcticApp Oy will only collect the following non-you information about you when you sign up for the BottlePal Application: IP address information of the technical device you are using will remain with the BottlePal service when you visit the www.bottlepal.fi website.
ArcticApp Oy uses data only for the purpose of clarifying the use of the BottlePal Application and for compiling statistics for the purpose of improving the functionality of the BottlePal Application. Data cannot be used to collect personal information. No information is disclosed to third parties. For technical reasons, it is not possible to use the BottlePal Application without the above information being collected. You must terminate your registration and immediately stop using the BottlePal Application if you do not wish this information to be collected.
ArcticApp Oy stores and processes Users information related services to provide its Users with services and solutions and to comply with legal requirements. You can read about ArcticApp Oy’s privacy statement at www.bottlepal.fi/privacystatement, what information ArcticApp Oy stores about you, how ArcticApp Oy handles your data and what your personal rights are relating to this information. The privacy statement is also available in writing. You can also find ArcticApp Oy’s contact information in the privacy statement if you have any questions.
9. Intellectual Property Rights
The BottlePal Application, their content and layout are protected by copyright laws and all other applicable laws. All rights, such as title, copyright and other intellectual property rights in the BottlePal Application, as well as any material contained or associated with them, are the property of ArcticApp Oy or our licensors. We reserve all rights not expressly granted in these Terms of Use.
10. Limitation of Liability
ArcticApp Oy is not responsible for any malfunction, downtime, unavailability of BottlePal Application, or for any errors or omissions in BottlePal and / or in the Content or Content of BottlePal due to, for example, maintenance of BottlePal Application , technical problems or other similar reasons. ArcticApp Oy is also not responsible for any third-party data transfer problems or errors due to your use of the BottlePal Application in violation of the instructions or regulations or otherwise caused by you.
Access to the BottlePal Application is granted to you as “as is”. We do not warrant that the BottlePal Application will meet your requirements or operate in all different environments you choose to use it.
ArcticApp Oy shall not be liable to you for any personal, property, and / or property damage you may incur as a User, or for any direct or indirect damage to persons, objects and / or assets that may arise to a third party, unless otherwise required by applicable law.
Under no circumstances shall ArcticApp Oy be liable for third party claims and / or actions directed against you by the other users, regardless of their cause. ArcticApp Oy emphasizes that it is under no circumstances responsible for accidents, personal injury, property damage and / or property damage caused to Users.
Under no circumstances shall ArcticApp Oy be liable for any loss of data or damage to the Users of the BottlePal Application, regardless of the cause of the loss or damage.
ArcticApp Oy is not responsible for the accuracy, correctness, or misleadingness of the information provided by the Users of the BottlePal Application in any respect, whether financially or otherwise.
ArcticApp Oy and Users of BottlePal Application are not mutually or in relation to each other in an employer or employee position, and there is no employee status based on the use of the BottlePal Application.
ArcticApp Oy is not responsible for notifying the authorities of any tax or tax-free income that may be generated by the BottlePal Application for Users, and any taxes that may result from such revenue.
ArcticApp Oy, or you do not, neither be liable for the fulfillment of its obligations if the cause is outside a reasonable control of the party the so-called, force majeure.
11. Modification and Validity of Terms of Use
ArcticApp Oy is entitled to change these Terms of Use at any time. Changed terms of use will be reported to email address user has given upon registration. The amended Terms of Use will take effect immediately after they have been reported. The Terms of Use shall apply to payments that have been in effect at the time when an agreement has been concluded between the Donor and the Collector in accordance with Clause 6.4 of these Terms and Conditions.
To continue using the BottlePal Application, you must accept the modified terms as binding to you. If you do not accept the modified terms, you must immediately request by email ArcticApp Oy to delete the user account and terminate the use of the BottlePal Application. The request has to be sent to email address asiakkuudet@bottlepal.fi
The Terms of Use remain in force even if some of them are considered invalid or unenforceable.
12. Other Terms
ArcticApp Oy shall have the right to transfer all or part of the rights and obligations arising from these Terms of Use to the Group Company, its successor or the transferee of the business related to the BottlePal Application without the User’s approval or prior notice.
13. Applicable law and disputes
The BottlePal Application and these Terms of Use are governed by Finnish law.
Disputes arising from the use of the BottlePal Service and the Terms of Use and these Terms of Use shall be settled first by the District Court of Helsinki. However, the Consumer-in-User may bring an action and be a defendant in the competent district court of his domicile.
If there is a discrepancy between Finnish and English or any other language version of these Terms of Use, Finnish version will be always determinative.