CAULIBOX APP - USER TERMS AND CONDITIONS
Welcome to CauliBox.
Before you start enjoying our sustainable food packaging solutions, we have to set out a few ground rules. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at firstname.lastname@example.org.
WHO WE ARE
We are Cauli Ltd, trading as CauliBox, a company incorporated and registered in England and Wales with company number 11845924. Our normal place of business is at Impact Hub King's Cross, 34b York Way, London, England, N1 9AB (referred to as CauliBox, we, our and us).
CauliBox sustainably addresses 'food-to-go' waste without compromising on hygiene and safety. Our digitally-enabled reusable food packaging solutions reward sustainable behaviour and eliminate the need for single-use packaging in the different branches of the takeaway food market market. Welcome, and thank you for using our services (Services).
In these terms and conditions (together with the documents referred to in them) (the Terms), we’ll refer to our Website, and our App, and together we’ll refer to them as our Digital Products.
When we talk about our Website, we refer to all our sites located at or accessible through https://www.wearecauli.com/. These include our owned sites, such as our customer service portal, but do not include links to third-party sites, such as the sites of our partners.
When we talk about our App, we refer to our mobile application, which can be downloaded as a native application from third-party platforms, including the Apple App Store and Google Play Store (each, a Third Party Platform).
Then we’ll refer to the physical products which you access through use of our Digital Products, namely our reusable food boxes (CauliBoxes) and drop-off kiosks (Drop-off Kiosks), as our Physical Products. We’ll refer to our Digital Products and Physical Products together as our Products.
At CauliBox, anyone who visits or uses our Digital Products is a ‘User’. In order to access our Products in full, each Users must choose to register for and create an ‘Account’ with us. Once registered with an Account, Users will have the ability to use CauliBox to access CauliBoxes through our Drop-off Kiosk system, and use interactive features within our Digital Products, such as earning rewards within the App, along with other benefits which we may offer from time to time. Users include individuals within businesses which are subscribing to CauliBox (Businesses) pursuant to a separate commercial agreement.
These Terms govern your relationship with us when you access, licence and use our Products, so please make sure to read them carefully before you start accessing and using them. Once you start using our Products you are taken to have understood and accepted these Terms. They will form a binding agreement between you and us so if you have any questions, please get in touch.
OTHER APPLICABLE TERMS
CHANGES TO THESE TERMS
This section informs you of how we may update and amend these Terms.
We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the Products, services and experiences we can offer to you via our Digital Products.
We don't expect you to check these Terms every time you use our Products but equally we don't want to overload you with every small update. We just ask that you check this page from time to time to take notice of any changes we have made. This is important because by continuing to use any of the Products after changes are made, you are accepting those changes and will be bound by them.
This section tells you what the Website does.
We offer the Website mainly in order to:
welcome you to and tell you all our Products;
direct you towards the latest version of our App;
provide a platform for customer support;
tell you about CauliBox news and updates through our blog;
link you to our social media channels, such as on Facebook and Instagram;
allow you to join our mailing lists;
provide you with a platform to refer us to other people; and
to give you access to our legal and data protection policies.
The list above is not necessarily a complete list of the functions of the Website and we may decide to offer additional Website functions, or stop providing any Website functions, at any time.
This section tells you what the App does.
We offer various functions via the App (the App Functions), including those which allow you to:
create a personal Account on the App;
access Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you);
borrow a CauliBox by scanning a QR code as indicated in the App;
drop off your used CauliBox at drop-off points, where the CauliBox can be collected and then washed so it can be reused;
participate in interactive features such as collecting CauliCoins (or other digital assets when we make them available) as part of our rewards club, which allows Users to collect points while they reuse with us, which can be redeemed in future for Rewards as indicated within the Digital Products;
report lost CauliBoxes to us;
receive notifications via push, emails, SMS and in-app. These messages may include information about your Account, our content, our Products, the community, events and general product information. You can control your preferences by communicating with us by email, or once the functionality is available, from your settings.
The list above is not necessarily a complete list of the App Functions, and we may decide to offer additional or remove some current App Functions, at any time. Please note that some App Functions are only available to those Users which have an Account.
In addition to these Terms, your use of the App may be subject to any terms and conditions of the relevant Third Party Platform from which you download it (Third Party Platform Terms). We have no knowledge of or control over any Third Party Platform Terms and you accept the Third Party Platform Terms at your own risk.
DOWNLOADING THE APP
The App can be downloaded for free from Third Party Platforms. Once downloaded, the App is free to access, although the principal App features will only be available to view or interact with once you have registered and created an Account.
You must be and agree that you are at least 16 years old to download and use the App and our Products. However, if you are under 18, you agree that you have parental or guardian consent to do so.
By downloading the App, you are agreeing to these Terms and any other applicable terms of CauliBox.
CREATING AN ACCOUNT
To have full access to the App and the App Functions and our Products generally, you will have to register with us and create an Account by following the onboarding steps as shown on the Digital Products. If you are under 18 years old you will be unable to register for a free Account without permission from your parent or guardian to do so. By using the Digital Products and/or signing up with us you agree to any applicable terms of the service, including these Terms.
Please provide truthful and accurate information when registering with us – this helps us provide you with the best service and we reserve the right to permanently or temporarily suspend any User who we find has provided us with false information.
You are responsible for looking after the security of your Account information. This means that you are responsible for all activities that happen on your Account and for any access to or use of the Products by you or any person using your Account even if that access or use has not been authorised by you.
Please immediately notify us of any unauthorised use of your Account or any other breach of security relating to any of the Products. We are not responsible for any loss or damage caused by the disclosure of your Account details to someone else.
You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.
Please note that Businesses are provided with separate administration accounts to administer their CauliBox scheme at their selected locations. Businesses are responsible for administering these accounts in accordance with their separate agreements with CauliBox.
USE OF CAULIBOXES
In order to commence using CauliBoxes, we require you to provide payment card information, as security against loss or damage to our Products. No payment will be taken when you supply your payment card information. Payment card information is processed using a third party payments processor (such as Stripe) (Payment Processor). We do not store payment card information.
When scanning a QR code in the App to borrow a CauliBox, Users authorise CauliBox to take a payment (currently set at £5 and reasonably adjustable from time to time by us) from that User’s payment card in the event the CauliBox is not returned within 7 days, or the CauliBox is returned in such a manner that it is no longer reusable (a Lost Box Payment). The Lost Box Payment will be authenticated upon the User accessing the CauliBox. Users have the option to report to us that a CauliBox has been lost or damaged. In such cases, the default position will be that the Lost Box Payment is charged to the User’s payment card, subject to CauliBox discretion at all times.
For any CauliBoxes not returned within the 7 day period where the £5 payment has been taken, Users have 60 days to contact CauliBox and request to return the CauliBox to receive a refund.
Please note that you must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, then you must immediately contact your bank or other relevant authority and report this, at which point the bank or other relevant authority will investigate. We will not deal with reports of unauthorised payments directly.
To return a CauliBox, Users must scan a QR code in the App at the Drop-off Kiosk to register that the CauliBox has been successfully returned. The User must see a message in the App that the CauliBox has been successfully returned, otherwise the CauliBox will be deemed unreturned.
CauliBoxes may be accessed in private Business locations where that Business has subscribed to CauliBox’s business services, or in public food vendors locations.
Users wishing to access our Products at selected Business locations are required to input a Business ID number or other Business ID code (Business ID Code) in order to gain access to the CauliBox reusable food container scheme at that particular location. Businesses are provided with Business ID Codes to provide to their staff members, and Users working for a Business or working at a Business location should obtain that code within their Business. Where we change a Business ID Code for any reason, we will inform the relevant Business which will be responsible for communicating the new Business ID Code to its staff and other individuals at its location.
Users can access CauliBox’s Products and Services where they are available in selected public locations. Where we show in the App that there is a Drop-off Kiosk or a food vendor supplying CauliBoxes in a particular location or locations, we do not guarantee that our Products will be available in that location (although we will try to ensure that the information shown in our App is up to do date).
In all cases, Products are always subject to availability, the good faith of our community of Users who use and return their CauliBox at available locations, the discretion of any food vendors or canteens who are administering dispensing of CauliBoxes and use of Drop-off Kiosks, and our full discretion to pause or discontinue any aspect of our Products or Services at any time without liability to any User or other third party.
We may offer in-App rewards as part of the operation of our Digital Products and Services.
In particular, CauliCoins can be collected within a User’s Account each time that User scans to borrow and scans to return a CauliBox at a Drop-off Kiosk. We determine the number of CauliCoins that is set for each scan (if any), and reserve full discretion to vary the number of CauliCoins offered at different locations and at different times, and you understand we are not obligated to provide reasoning for variations.
CauliCoins will be registered within a User’s Account and may be redeemed in future once a sufficient number of CauliCoins have been collected to exchange for available Rewards. Rewards may be made available in exchange for different CauliCoin prices.
We reserve full discretion to determine the format
CauliCoins can be used as in-App currency in exchange for Rewards. However, all Users understand that CauliBox is entitled at all times to (i) remove or add CauliCoins from any User Account at any time at its full discretion without providing reasons for doing so, (ii) withdraw, add or adjust Rewards at any time which may have been shown to be available, (iii) discontinue or pause the availability of CauliCoins at any time, (iv) determine which Rewards are made available from time to time, (v) inform a User that a Reward is no longer available, including after they may have redeemed the reward in the App (for example where the Reward is contingent on a third party delivering something which they are no longer agreeing to deliver), and in such case we can reinstate the CauliCoins in a User’s account, and (vi) generally administer our rewards programme at our full discretion. All Users agree and understand that CauliBox holds no liability to any User (or Business) in respect of CauliCoins or our Rewards programme.
We may offer Rewards in conjunction with third parties who have agreed to make their products or services (or related promotions) available to our Users as part of our Rewards programme. We do not control the products, services or actions of any third party, including where we have agreed to include them within our Rewards programme. Users understand that the use of or access to any Reward being provided by any third party is a private contractual matter between the User and the relevant third party, and CauliBox is not party to any such relationship.
Where any User is dissatisfied or otherwise harmed as a result of redeeming any such Reward, please inform us as soon as possible so that we can take appropriate action, such as to remove the applicable Reward from our Rewards programme.
CauliCoins are non-transferable and non-saleable between Accounts. Any attempts to sell or transfer CauliCoins may result in temporary or permanent suspension from CauliBox, at our full discretion.
DIGITAL PRODUCTS LICENCE RESTRICTIONS
This section tells you what you're not allowed to do with the Digital Products or Content.
Except as expressly allowed in these Terms, you may not:
copy the Digital Products or Content (except where such copying is enabled by the App);
transfer the Digital Products or Content to anyone else, except where we make possible and encourage sharing;
sub-license or otherwise make the Digital Products or Content available in whole or in part (and whether in object or source code form) to any person;
make any alterations to, or modifications of, the Digital Products or Content; or
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Digital Products or Content or attempt to do so,
(together the Digital Products Licence Restrictions).
PHYSICAL PRODUCTS LICENCE RESTRICTIONS
This section tells you what you're not allowed to do with the Physical Products.
Except as expressly allowed in these Terms, you may not:
intentionally or negligently damage any CauliBox property, such as our Drop-off Kiosks (we understand that CauliBoxes can be damaged and we operate the Lost Box Payment for this);
sell, sub-license or otherwise make CauliBoxes commercially available to any other person or organisation;
deface or doodle on any CauliBox, and in particular, write or draw anything rude or offensive on them; or
seek to return a CauliBox that is demonstrably damaged and unfit for future use by other members of our community.
(together the Physical Products Licence Restrictions).
ACCEPTABLE USE RESTRICTIONS
This section tells you what you can and can't do with the Products.
You may use the Products only for personal and lawful purposes. In particular, but without limitation, you agree not to:
use the Products in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use, share, or otherwise exploit the Products for any commercial, business, or monetised purpose whatsoever;
reproduce, duplicate, copy, share, or re-sell any part of the Products in contravention of these Terms;
use the Products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
use the Products in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, staff-member or other person associated with our service;
transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Digital Products; or
access without authority, interfere with, damage or disrupt (a) any part of the Website or the App; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website or the App; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
TERMINATION OF YOUR RIGHTS
This section tells you how we can end your rights under these Terms.
We may end your rights under these Terms immediately and without notice if:
you have breached any of the Digital Products Licence Restrictions, Physical Products Licence Restrictions or the Acceptable Use Restrictions;
we believe that your use of the Website or the App or any Products is unsuitable in any way; or
you are otherwise in breach of these Terms.
If we end your rights under these Terms:
you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Digital Products; and
if we ask you to you must immediately delete or remove the App from all devices then in your possession, custody or control and, if required, confirm to us that you have done so.
INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
This section sets out who owns what in terms of the Products and Content. It also sets out how we will treat any Content that you provide to us and what your obligations are in relation to that Content.
You agree that:
the Physical Products are owned and controlled by or licensed to us;
the Digital Products and all material published on, in, or via them (including but not limited to the Content) is owned and controlled by or licensed to us;
in respect of content that you create, upload, send or post to us (the User Content) that:
yu retain the ownership rights in the User Content;
yu grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our sites, on other websites, on physical products and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
we may disclse your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy;
yu make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content;
we may, at ur sole discretion, access, delete, edit or remove any User Content without permission or notification to you, including when we use it in promotional and/or marketing material.
You represent and warrant on an ongoing basis that you:
are the owner or authorised licensee of all User Content;
have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
will not send us or post User Content that violates applicable law, regulations or these; and
have all required permissions and consents from any third party whose personal information is included in any User Content.
INTERACTION AND REPORTING
This section details how we will monitor User interactions for compliance with our standards.
Our service enables you to participate in our reusable CauliBox schemes, and from time to time we may additionally make available interactive services within through our Rewards programmes. Some of these interactions will be private to your Account, and some may be public to other Users (for example if we implement CauliCoin leaderboards). Where we make interactive features available and public to other Users, we will operate a reporting mechanism to enable any User to report anything they deem offensive, abusive or inappropriate to us – please see the next paragraph for further details on how to report. Using this retroactive mechanism, we will use our reasonable efforts to take action on any reports received and take appropriate action, which could include deleting the relevant User Content or in extreme circumstances, removing the User from CauliBox.
Reporting mechanism: If you see any User Content or Content generally which appears on our Digital Products which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible – whilst we are not able to pre-emptively moderate all User Content, we want our Digital Products to be a welcoming environment for all Users. You can report any offensive, abusive or inappropriate User Content to us by email to email@example.com and request that any such User Content is removed. One of our team will then review your report and take any relevant action.
This section explains that we try and keep the Digital Products up and running at all times, but cannot promise that this will always be the case.
The Digital Products are provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Digital Products, or that they will be secure, uninterrupted or free of defects. Further, we make no representations, warranties or guarantees of any kind regarding the availability of any Drop-off Kiosk or Product generally. We will not be responsible where you have travelled to a Drop-off Kiosk and it is not operational, although if this occurs, please let us know as soon as possible so that we may address the problem.
Your access to any of the Digital Products may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Products generally may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason any of the Products are unavailable at any time or for any period.
UPDATES TO THE APP
From time-to-time updates to the App may be issued through the Third Party Platforms or directly via our Digital Products. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and, where applicable, accepted any new terms.
DELETING YOUR ACCOUNT
Once you have deleted your Account, you may lose all benefits accrued to your Account up to that point (such as CauliCoins) and you will not be able to retrieve them if you choose to re-download the App at a later time.
WEBSITES WE LINK TO
This section informs you of our relationships with any third party websites that feature on our Digital Products, such as those linked to Rewards.
The Digital Products may link to or refer to other third party websites from which third party products and/or services can be obtained. Whilst we reasonably believe that these are reputable sources of such products and/or services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk in all respects.
We take measures to ensure that no part of the Digital Products will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.
We recommend that you ensure that equipment used to access the Digital Products run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from any of the Digital Products and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Digital Products.
NO RELIANCE ON INFORMATION
All information published on or via the Digital Products is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
IF THERE IS A PROBLEM WITH THE WEBSITE AND/OR APP
If you have any questions or complaints about the Website, App, or any Content, or Products please contact us. You can contact us by email to firstname.lastname@example.org.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We provide the Products for private use only. You agree not to use any of them for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for the acts or omissions of any Third Party Platform.
Whilst we monitor our Drop-off Kiosks and Products generally, we do not administer them at all times, nor can we control the actions of any User or person who uses our Products inappropriately or in anyway which results in damage to them. For example, we will not be responsible where a User has damaged or defaced a CauliBox and returned it, and another User then takes the CauliBox and suffers any damage as a result. Such actions are beyond our reasonable control and we are reliant on the good faith of our Users to uphold high standards of integrity, and any User failing to do so may be removed or investigated for breaching these Terms.
If any Content delivered by us using any of the Digital Products damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.
Except as set out in the paragraphs above, you accept and agree we will not be liable for any harmful effect that accessing the Products and/or any Content may have on you, and you agree that you access the Products at your own risk.
COMMUNICATIONS BETWEEN US
If you wish to contact us for any reason, you can do so to email@example.com.
We will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications. You may opt out of marketing communications at any time by using the "unsubscribe" link (or similar) provided in any applicable correspondence.
The App may use pop-up notifications, unless you disable them. Please note though that it is not possible to disable service information or error alerts.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
Under these Terms, you are granted a licence only in respect of our Products. We retain ownership in the Products at all times.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of the terms and conditions of these Terms operates separately as part of a legally binding contract between each User and CauliBox. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.
CauliBox is a trademark of Cauli Ltd. All CauliBox trademarks, service marks, trade names, logos, domain names, and any other features of the CauliBox brand (“CauliBox Brand Features”) are the sole property of CauliBox or its licensors. These Terms do not grant you any rights to use any CauliBox Brand Features whether for commercial or non-commercial use.