Terms & Conditions
SEMBCORP TERMS OF USE
Important – These terms and conditions (“Terms of Use”) apply to your use of the ezi mobile application (the “Application”), as well as to all information, recommendations and/or Services (as defined below).
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and SembWaste Pte Ltd (Company No. 199507280G) (the “Company”) as well as its successors and assigns. In order to use the Services you must agree to the Terms of Use that are set out below.
By using the Application supplied to you by the Company, and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable persons seeking, inter alia, the Services from certain locations to be matched with the Company’s collection team and independent third party collection service providers for the purpose of the Services, you hereby expressly acknowledge and agree that you have read, understood, accepted and agreed to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.ezi-recyling.com or through the Application.
If you do not agree to or fall within the Terms of Use of the Services and wish to discontinue the Services, please do not continue using the Application or the Services.
THE COMPANY IS AN ENVIRONMENTAL MANAGEMENT COMPANY THAT PROVIDES REFUSE COLLECTION AND MANAGEMENT SERVICES INCLUDING COLLECTION SERVICES FOR RECYCLABLES. THE SERVICES OF THE COMPANY IS TO ADVOCATE RECYCLING IN SINGAPORE USING THE APPLICATION, TO ENCOURAGE HIGH LEVELS OF SUCCESSFUL RECYCLING BY PROVIDING A CONVENIENT PLATFORM FOR PEOPLE IN SINGAPORE TO RECYCLE ACTIVELY AND EFFECTIVELY.
DEFINITIONS
"Business Day(s)" means Mondays through Fridays, excluding Saturdays, Sundays and national public holidays in Singapore.
"Collection Service Provider" shall refer to independent third party collection service providers engaged by the Company for the purpose of the provision of collection service of Recyclables.
"Customer Service" shall refer to the Company’s customer service support hotline at 65-6854 6208.
"Services" shall mean the provision of collection service of Recyclables by the Company (including access and use of the Application, the Software and collection at an agreed location) for the purpose of facilitating re-use or otherwise recycling of the Recyclables that you designate and acceptable by the Company for collection.
"Recyclables" shall mean raw or processed material that can be removed from waste stream, reused and repurposed into another item.
1. REPRESENTATIONS AND WARRANTIES
1.1 By using the Services, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Services is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. If you are under eighteen (18) years old, you may use this Application only with authorization from a parent or legal guardian. By using the Services, you further represent and warrant that you have the right, authority and capacity to use the Services and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Services is for your sole personal benefits. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws while using the Services.
1.2 You may only access the Services using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Services should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.
1.3 By using the Software or the Application, you agree that:
- You will only use the Services for lawful purposes;
- You will only use the Services for the purpose for which it is intended to be used;
- You will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Services, the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings and/or orders;
- You will not use the Application and/or the Software for purposes other than obtaining the Services;
- You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Application user or Collection Service Provider, unless the Company has given you specific consent to do so in writing;
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, non-commercial use;
- You will not copy any content displayed through the Services and/or the Application, including but not limited to Company's menu content and reviews, for republication in any format or media;
- You shall not contact the Company and/or Collection Service Provider for purposes other than the Service;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the Services, the Application and/or the Software in any way whatsoever;
- You will not copy, or distribute the Software or other content without written permission from the Company;
- You will only use the Software and/or the Application for your own use and will not resell either the Software or Services to a third party;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Services;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You acknowledge and agree that only one (1) account can be registered to one (1) mobile number notwithstanding that you can access the Services using multiple devices;
- You agree to provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Services at any time with or without notice;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Services by new or existing Application users;
- You are aware that when requesting collection of Recyclables services or use of the Services, standard telecommunication charges may apply;
- You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company's employees or the Collection Service Provider regardless of any misgivings that you may have against the Company or the Collection Service Provider;
- You shall not impair or circumvent the proper operation of the network which the Services operates on;
- You agree that the Services are provided on a reasonable effort basis; and
- You agree that your use of the Services will be subject to the Company's Privacy Policy as may be amended from time to time.
2. CONDITIONS OF SERVICES
2.1 You agree that in consideration of the Services which the Company will provide to you, upon collection of the Recyclables from you at the agreed location, such Recyclables will cease to be your property and the Company will have title to the same and have all rights to facilitate its re-use or recycling, including exporting to countries outside of Singapore.
2.2 It is your obligation to ensure that only Recyclables are packed for the Company’s collection and you release the Company from any liability or claims if you have packed items which you subsequently try to retrieve from the Company. The Company’s planned transportation and logistics process is intended to be efficient and any retrieval of specific items may not be possible or practical.
2.3 You warrant and undertake that:
a. you will prepare and pack only Recyclables for collection by the Company (always in accordance with the Company’s instructions) and that no other objects, materials or things will be packed, including any objects, materials or things in relation to which possession may be illegal or considered hazardous under applicable laws; and
b. you will clean and rinse the Recyclables so that it is free of any food waste or liquid; and
c. you are the rightful owner of the Recyclables that you have requested the Company to collect from you.
2.4 You agree that the Company is not obligated to collect all items offered by you. For further information on the things we collect, please refer to our tab “What We Collect” in the Application.
2.5 You acknowledge that collection of the Recyclables may be undertaken by the Collection Service Provider ie. a third party contractor engaged by the Company and you will not hold the Company liable for the personal conduct and behaviour of such third party Collection Service Providers.
3. BOOKINGS
3.1 The Application allows you to place orders for collection of Recyclables from you, such orders to be collected from you by the Company or the Collection Service Providers, subject to the terms and conditions set out herein.
3.2 As a general rule, all collection of Recyclables bookings placed on the Application will be confirmed within 24 hours during Business Days. However, upon your successful completion of a booking, notification may be send to you using the Application or the Company or the Collection Service Providers may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the date or time of collection, and/or the estimated collection time. You agree not to have any separate arrangement between you and the Collection Service Providers regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.
3.3 The Company or the Collection Service Providers reserve the right to not to process your booking in the event, on the day of collection you are unavailable on the phone at the time of the call for confirming the order for collection of Recyclables from you or otherwise uncontactable, and in such event the provisions relating to cancellation below shall be applicable.
4. BOOKING CANCELLATION
4.1 At any time, if you decided to cancel your booking after it has been confirmed, we would appreciate that you use the Application to reschedule a new collection time.
4.3 The Company or the Collection Service Providers will have the right to not proceed with your booking in the following circumstances:
- where the requested collection location falls outside the collection zone offered on the Application;
- failure to contact you by phone or other means at the time of collection ;
- failure to collect the Recyclables due to lack of information, direction or authorisation from you at the time of collection; or
- you are not present or do not show up at the designated collection location, or you are unreachable physically or uncontactable, from the time that the Collection Service Providers arrive at the designated collection location.
5. PAYMENT
5.1 When you place orders for collection of Recyclables, you may have the option to pre-set a default “I’ll Recycle for Free (No payment needed)” for the purposes of the Recyclables, in order to indicate your intention and support for clean and green environment. In the event the default. There will be no pay-out by the Company for the Recyclables collected.
5.2 The Company is under no obligation to provide you any documents or information for tax or any other purposes.
5.3 The prices for the Recyclables reflected in the Application are determined solely by the Company and are listed for information only. The Company and/or the Collection Service Provider is required to weigh the Recyclables at the agreed location of collection. If you disagree for any reason with the weight recorded of the Recyclables or the prices for the Recyclables, you shall immediately notify the Company and/or the Collection Service Provider of such disagreement and the transaction shall not proceed.
5.4 You agree that the Company can pay for the Recyclables by way of electronic payment method(s) known as “PayNow” or any other forms as the Company deemed fit at its sole discretion from time to time by notification made available in the Application. You are to ensure your mobile number, identification Card or FIN is linked to your choice of bank deposit account registered with PayNow. The use of the PayNow service shall be subjected to your choice of bank’s terms and conditions governing such usage. If you wish to update your mobile number that is registered with us, you may do this through the Application or such other channels as approved by us. You are to ensure that the new mobile number is linked to your choice of bank deposit account registered with PayNow. Please note that we need at least seven (7) Business Days to process any change of your mobile number. It is your responsibility to inform us as soon as practicable but in any case at least three (3) Business Days prior to the date of collection and you accept the consequences of failing to do so (including without limitation delay in payment). Upon any request by you to change your mobile number registered with us, you consent to us sending notification alerts to both your new and old mobile numbers for security and verification purposes.
5.5 You agree that each transaction of the Recyclables collected from you shall be payable within fourteen (14) Business Days after the date of such transaction. In the event the due date of payment falls on a Saturday, Sunday or any declared and gazetted public holiday in Singapore, payment will be processed and paid on the next Business Day after the due date of payment. Payment of all transaction in respect of the Recyclables collected hereunder shall be made in Singapore Dollars.
5.6 You are responsible to ensure the payment method details are accurate, complete and updated to avoid any delay or unsuccessful payment. You agree that the Company shall not be liable for any delay or unsuccessful payment due to inaccurate or incomplete payment method details furnished by you.
5.7 If we are unable to make payment to your choice of bank deposit account registered with PayNow after several attempts due to your failure to provide accurate, complete and updated payment method details, you agree that we are entitled to forfeit any payment due to you without further notice.
5.8 The Company will not be responsible for any loss suffered by you arising from or in connection with your use of electronic banking services even if we are advised of, or otherwise might have anticipated, the possibility of such loss, damage or expense. In particular, we will not be liable to you for any loss as a result of:
a) any electronic banking services not being available due to system maintenance or breakdown/non-availability of any network;
b) the non-delivery, delayed delivery, misdirected delivery or the non-receipt of any electronic banking services;
c) any non-processing or delay in processing of electronic instructions by us or by any bank through whom your electronic instructions are transacted;
d) processing the electronic payment to you might expose us to legal action or censure from any government, regulator or law enforcement agency;
e) any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from contractors; or
f) any event outside our control.
6. INDEMNITY
6.1 You indemnify the Company against any and all claims brought by third parties against the Company and for any losses, damage, expenses incurred by the Company arising out of or in connection with any breach of this Agreement by you.
7. DISCLAIMER OF WARRANTIES
7.1 THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE, BICYCLE OR MOBILITY DEVICE USED BY THE THIRD PARTY TRANSPORTATION AND/OR COLLECTION SERVICE PROVIDER. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
7.2 THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTY COLLECTION SERVICES OR THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTY COLLECTION SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
8. INTERNET DELAYS
8.1 THE SERVICES, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE COLLECTION SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, COLLECTION FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
9. COPYRIGHT AND TRADEMARKS NOTICE
9.1 All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed in this website are the property of the Company and where applicable, third party proprietors identified in this website. No right or licence is granted directly or indirectly to any party accessing this website to use or reproduce any such proprietary content, trademarks, service marks, brand names, logos and other intellectual property and no party shall claim any right, title of interest therein.
10. COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
10.1 The Company has a privacy policy which sets out how we handle personal data that you may provide or we may collect, in connection with your access and use of our website and service. The policy is available on our website and can be accessed here. You accept and agree to the terms set out in the policy and consent to the collection, use and disclosure of your personal data in accordance with the policy.
11. LIMITATION OF LIABILITY
11.1 The Company shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use this website or the Services, including but not limited to, damages for loss of profits, use, data or other intangible, even if the Company has been advised of the possibility of such damages.
12. AMENDMENTS
12.1 We may revise this Agreement from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Agreement was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
12.2 The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Services shall be effective upon the posting of an updated version at http://www.ezi-recyling.com. You agree that it shall be your responsibility to review these terms herein, the Terms of Use and the Company’s privacy policy regularly whereupon the continued use of the Services after any such changes’ effectiveness, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
13. GOVERNING LAW
13.1 By visiting this Application, you agree that the laws of the Republic of Singapore, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company.
13.2 This Agreement shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Services shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
13.3 The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
14. NOTICE
14.1 The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
15. ASSIGNMENT
15.1 This Agreement as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
16. GENERAL
16.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
16.2 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
16.3 The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
16.4 You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from any third party service provider under this Agreement.