Terms & Conditions of Use
PLEASE READ THESE TERMS CAREFULLY.
By using THE LITTER CLUB, you agree to be bound by our
Terms & Conditions of Use (The Terms).
These Terms & Conditions of Use constitute a legal
agreement between the user (You) and Love is an Action Ltd,
Singapore and LIAA Environmental Empowerment Solutions
Sdn.Bhd., Malaysia, with its head office at 88 Jellicoe
Road, Kallang, Singapore 208747
(We or Us) together referred to as the Parties.
We are a non-profit organisation that works with
communities to reduce plastic waste entering the marine
eco-system. We are the owner and operator of a platform
that can be accessed through iOS & Android applications and
a dashboard that allows individual users and Partner
Organisations to photograph, categorise, and map litter
around the world (Platform).
ENJOYING THE LITTER CLUB
Here’s some information about all the ways you can enjoy
The Litter Club:
1 Service Options:
You can find a description of our Service options on our
website, and we will explain which Service options are
available to you when you create a THE LITTER CLUB account.
Certain options are provided to you free-of-charge. Other
options require payment before you can access them
(referred to as the “Membership).
2 Payments and Cancellations
You may purchase a Membership directly from the THE LITTER
CLUB website. THE LITTER CLUB may change the price for the
Membership from time to time and will communicate any price
changes to you in advance and, if applicable, how to accept
those changes. Price changes will take effect at the start
of the next subscription period following the date of the
price change. Subject to applicable law, you accept the new
price by continuing to use the THE LITTER CLUB Platform
after the price change takes effect. If you do not agree
with a price change, you have the right to reject the
change by unsubscribing from the Membership prior to the
price change going into effect
2.2 Renewal; Cancellation
Your payment to THE LITTER CLUB will automatically renew at
the end of the applicable subscription period, unless you
cancel your Membership before the end of the then-current
subscription period by contacting us (firstname.lastname@example.org). The cancellation will take effect the day after the
last day of the current subscription period, and you will
be downgraded to the Free Service. We do not provide
refunds or credits for any partial subscription periods. If
you’re not satisfied with our service, please contact
and we’ll do our best to help you.
USING THE LITTER CLUB
3.1 You wish to subscribe to the Platform.
3.2 By using the Platform you agree to these Terms which
govern your access to and use of the Platform, including the
upload of any content or data. If you do not agree to these
Terms you must stop using the Platform.
3.3 We hereby grant You a non-exclusive, non-transferable
right (without the right to grant sublicenses) to use the
Platform for the Term solely for Your personal and/or
4.1 This agreement will start on the date that you first use
the Platform or the date that You sign up for an account with
Us (whichever is earlier) and will continue until terminated
in accordance with the terms of these Terms.
4.2 You can terminate these Terms at any time by deleting Your
account and ending your use of the Platform.
4.3 We can terminate these Terms at any time by stopping Your
access to the Platform. We do not need a reason for this,
however it will happen where You have breached the terms and
conditions of these Terms..
4.4 Upon termination:
All rights granted to You in these Terms end and You
will no longer have access to the Platform; and
Our right to use the content that you uploaded to the
Platform and the Uploaded Data as described in clause 6
will continue indefinitely.
5 Access to Platform
5.1 You are solely responsible for obtaining and maintaining
Your internet access to the Platform.
5.2 You will keep a secure password for the Platform, You will
keep Your password confidential.
6 Partner Organisations
6.1 We partner with third party organisations around the world
for specific litter, environmental and recycling causes
6.2 You will be able to sign up to our Community Groups
through the Platform and participate in local, national,
regional /or global challenges of our Community Groups.
7 Uploaded Data
7.1 You are solely responsible for the content that You place
on the Platform, including but not limited to any comments,
posts, profile information, links and images.
7.2 You promise that you have all the necessary licenses,
rights, permissions and consents to use and upload the content
that You place on the Platform.
7.3 You grant Us a non-exclusive, irrevocable, royalty free
license to use the content that You upload onto the Platform
as We see fit. This licence shall survive these Terms continue
7.4 For the purposes of these Terms, Uploaded Data means the
images You upload onto the Platform and the geo-data, time,
date and tags associated with the uploaded images. Uploaded
Data does not include any Personal Data as described in clause
7.5 By using THE LITTER CLUB Platform, and by accepting clause
7.3, you consent that your Uploaded Data (except for your
images) may be shared with the general public, as part of THE
LITTER CLUB’s Open Data Initiative. THE LITTER CLUB will allow
the general public to download anonymised and aggregated
Uploaded data generated by the Platform’s users, including
tags and geo-data but excluding all the images.
7.6 In addition to 7.5, we may collect and transfer the
Uploaded Data to Partner Organisations. You consent to Our
collection and transfer of Uploaded Data to Partner
7.7 You grant Us a non-exclusive, irrevocable, royalty free
licence to use the Uploaded Data and the right to sub-license
the Uploaded Data to Partner Organisations. This licence and
sub-license shall survive these Terms and continue
8 Use of the Platform
8.1 You must be 18 or over, or if under the age of 18 have
Your parent or guardian’s permission to use the Platform.
8.2 You are permitted to use the Platform provided You do not
access, store, distribute or transmit any viruses, or any
material during the course of Your use of the Platform that:
is unlawful, harmful, threatening, defamatory, obscene,
infringing, harassing or racially or ethnically
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
is discriminatory based on race, gender, colour,
religious belief, sexual orientation, disability;
- is harmful to minors; or
is otherwise illegal or causes damage or injury to any
person or property.
8.3 You will not:
attempt to copy, modify, duplicate, create derivative
works from, frame, mirror, republish, download, display,
transmit, or distribute all or any portion of the
Platform in any form or media or by any means; or
attempt to de-compile, reverse compile, disassemble,
reverse engineer or otherwise reduce to
human-perceivable form all or any part of the Platform;
access all or any part of the Platform in order to build
a product or service which competes with the Platform;
use the Platform to provide services to third parties;
- use the Platform to impersonate another user; or
license, sell, rent, lease, transfer, assign,
distribute, display, disclose, or otherwise commercially
exploit, or otherwise make the Platform available to any
third party; or
attempt to obtain, or assist unauthorised third parties
in obtaining, access to the Platform.
8.4 You will not collect or use any information on the
Platform for commercial purposes, including but not limited
the collection and use of information about other users;
- the use of communication systems or contacts; and
the generation of unsolicited email advertisements or
8.5 You will use all reasonable endeavours to prevent any
unauthorised access to, or use of, the Platform and in the
event of any such unauthorised access or use, promptly notify
8.6 We can stop your access to the Platform should we find
that You have breached the provisions of clause 6.1.
9 Platform Availability
9.1 We do not promise that Your use of the Platform will be
uninterrupted or error-free.
9.2 We are not responsible for any delays, delivery failures,
or any other loss or damage resulting from the transfer of
data over communications networks and facilities, including
the internet, and You acknowledge that the Platform may be
subject to limitations, delays and other problems inherent in
the use of such communications facilities.
10 Platform Content
10.1 We do not promise that the Platform and/or the content or
information obtained by You through the Platform will meet
Your needs or requirements.
10.2 We can modify the Platform or change the content on the
Platform at any time without reason or prior notice.
10.3 Although We try to ensure that other users of the
Platform comply with these terms and conditions, You may be
exposed to content on the Platform that breaches these terms
and conditions. We are not responsible for other users or Your
exposure to content that breaches these terms and conditions.
10.4 Content on the Platform (whether owned by Us or another)
is provided for your personal use only. You will not use,
copy, reproduce, distribute, transmit, broadcast, display,
sell, licence or otherwise exploit such content other than as
expressly set out in these Terms or (where not owned by Us)
without the owner's written consent.
11 Third Party Websites
11.1 You acknowledge that the Platform may enable or assist
You to access the website content of, correspond with, and
purchase products and services from third parties via
third-party websites and You do so solely at Your own risk.
11.2 We make no representation, warranty or commitment and
shall have no liability or obligation whatsoever in relation
to the content or use of, or correspondence with, or any
transactions completed, or any products or services offered on
any such third-party website, or any contract entered into by
You with any such third party. Any contract entered into and
any transaction completed via any third-party website is
between You and the relevant third party, and not Us.
12 Liability and Warranties
12.1 The limitations of liability set out in this clause apply
regardless of the nature of the claim, whether based on
warranty, contract, tort or other legal basis.
12.2 You use the Platform at your own risk and Your use and
access to the Platform and its content is on an “as is” basis.
12.3 All warranties, representations, conditions and all other
terms of any kind whatsoever implied by statute or common law
are, to the fullest extent permitted by applicable law,
excluded from these Terms.
12.4 We have no liability for any loss or damage caused by
Your use of the Platform or its content, or any errors or
omissions in any information or content on the Platform.
12.5 You shall defend, indemnify and hold Us harmless against
claims, actions, proceedings, losses, damages, expenses and
costs (including without limitation court costs and reasonable
legal fees) arising out of or in connection with Your use of
the Platform or your violation of any third rights, including
intellectual property rights.
12.6 Nothing in these Terms exclude the Parties liability for
death or personal injury caused by negligence or for fraud or
12.7 Subject to clause 12.6, We shall not be liable whether in
tort (including negligence or breach of statutory duty),
contract, misrepresentation, restitution or otherwise for any
loss of profits, loss of business, depletion of goodwill
and/or similar losses or loss or corruption of data or
information, or pure economic loss, or for any special,
indirect or consequential loss, costs, damages, charges or
expenses however arising under these Terms.
12.8 You agree that Your sole remedy for any claims arising
out of these Terms are to discontinue using the Platform.
12.9 In the event that a court determines that clause 12.8
cannot be enforced, subject to clause 12.6, Our total
aggregate liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or
otherwise, arising in connection with the performance or
contemplated performance of these Terms shall be limited to
12.10 This clause 12 shall survive termination of these Terms.
13 Intellectual Property Rights
13.1 For the purposes of these Terms, Intellectual Property
Rights means all intellectual property rights of any kind
related to Our business, the Platform or the content on the
Platform, including any patents, copyrights, database rights,
trade secrets, service marks, logos, trade names, trademarks
(whether registered or unregistered) including our trademark
“THE LITTER CLUB”, or any other rights or licences in respect
of the Platform. The Intellectual Property Rights include
Platform content consisting of text, software, scripts,
graphics, photos, sounds and interactive features.
13.2 You acknowledge and agree that We and/or Our licensors
own the Intellectual Property Rights.
13.3 We do not grant You any rights to, under or in the
Intellectual Property Rights.
13.4 We reserve all rights not expressly granted to you in
13.5 Both Parties promise each other that they have all the
rights that are necessary to grant all the rights they purport
to grant under, and in accordance with these Terms.
14 Personal Data
14.1 We will comply with all applicable requirements of data
protection legislation. This clause 14 is in addition to, and
does not relieve, remove or replace Our obligations or Your
rights under data protection legislation.
14.2 Under data protection legislation We are required to
provide You with certain information about who We are, how We
process Your personal data and for what purposes and Your
rights in relation to Your personal data and how to exercise
it is important that you read that information.
15 GENERAL TERMS
15.1 COMMUNICATIONS BETWEEN US: The communications between the
Parties will be by electronic means, whether You visit the
Platform or send us emails, or whether We post notices or
communicates with You via email. For contractual purposes, You
consent to receive communications from Us in an
electronic form; and
agree that all terms and conditions, agreements,
notices, disclosures, and other communications that We
provide to You electronically satisfy any legal
requirement that such communications would satisfy if it
were in a writing. The foregoing does not affect Your
15.2 CHANGES TO THE TERMS: We may change our terms from time
to time, and any such changes become effective immediately
upon being posted to the Platform. It is Your sole
responsibility to check the Platform from time to time to view
any such changes. If You do not agree to any changes, You must
cease use of the Platform. Your use of the Platform after any
changes are made to these Terms indicates that You agree to
15.3 WAIVER: If We do not insist immediately that You do
something You are required to do under these Terms, or if We
delay in taking steps against You in respect of that You
breaking these Terms, that will not mean that You do not have
to do those things and will not prevent Us taking steps
against You at a later date.
15.4 RIGHTS AND REMEDIES: Except as expressly provided in
these Terms, the rights and remedies provided under these
Terms are in addition to, and not exclusive of any rights or
remedies provided by law.
15.5 SEVERANCE: Each of these clauses operates separately. If
any court or relevant authority decides that any of them are
unlawful, the remaining clauses will remain in full force and
15.6 ASSIGNMENT: You will not transfer your rights or
obligations under these Terms to another person or
organisation. We may transfer our rights and obligations under
these Terms to another organisation. We will always tell You
if this happens and We will ensure that the transfer does not
affect Your rights under the Terms.
15.7 RIGHTS OF THIRD PARTIES: These Terms does not give rise
to rights under the Contracts (Rights of Third Parties) Act
(Cap 53B, 2002 Rev Ed), Singapore or the Contract Act 1950,
Malaysia to enforce the terms of these Terms.
15.8 ENTIRE AGREEMENT: These Terms constitute the entire
agreement between the Parties and supersedes and extinguishes
all previous agreements, promises, assurances, warranties,
representations and understandings between them, whether
written or oral, relating to its subject matter.
15.9 NO PARTNERSHIP OR AGENCY: Nothing in these Terms is
intended to or shall operate to create a partnership,
employment or agency relationship between the Parties. Neither
Party shall have the authority to act in the name or on behalf
of or otherwise to bind the other Party in any way.
15.10 SURVIVAL: Any rights, remedies, obligations or
liabilities of the Parties that have accrued up to the date of
termination of these Terms, including the right to claim
damages in respect of any breach of the Terms which existed at
or before the date of termination shall not be affected or
15.11 GOVERNING LAW: these Terms and any dispute or claim
arising out of or in connection with it or its subject matter
or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the laws
of Singapore or Malaysia. Each party will comply with all laws
and regulations applicable. Each party represents and warrants
to the other that neither it nor its Partner Organisations,
nor any of its or their users, officers or directors, are
persons, entities or organizations with whom the other party
is prohibited from dealing (including provision of software,
products or services) by virtue of any applicable law,
regulation, or executive order.
15.12 JURISDICTION: Each Party irrevocably agrees that the
courts of Singapore or Malaysia shall have exclusive
jurisdiction to settle any dispute or claim arising out of or
in connection with this agreement or its subject matter or
formation (including non-contractual disputes or claims).