By using this site, you signify your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the site or download and use any materials from the site.
These Terms and Conditions also include the recyclersplanet.com Email Disclaimer.
- Applicable Terms
1.1 This website (the “Site”) is owned and operated by Grupo MCS, a Costa Rica registered company no 3-101-664511 whose registered office is Apartado Postal 214-6100, Mora, San José, Costa Rica 10701.
1.2 Use of the Site and the downloading and use of any branding and trade marks which are made available for download from Grupo MCS Resource Library at https://grupo-mcs.com (the “Branding”) constitutes your acceptance of these Terms and Conditions, which take effect immediately on your first use of the Site. Grupo MCS reserves the right to change these Terms and Conditions at any time by posting changes online.
1.3 You are responsible for regularly reviewing information posted online to obtain timely notice of any changes. Your continued use of the Site after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.
1.4 If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on the Site relating to specific material then the latter shall prevail.
- Use of Materials and Branding
2.1 Unless otherwise indicated the contents of the Site, including the names, images and logos identifying GRUPO MCS and its products and services, and the Branding, are the property of GRUPO MCS and are protected, without limitation, as copyright works, and/or registered and unregistered trade marks, and may only be used in accordance with 2.3 below.
2.2 You, and the business/organisation you represent, must ask written authorization from GRUPO MCS in order to use some of GRUPO MCS’s services including the downloading and use of the Branding . To request the authorization you can write to info@grupo-mcs.com . It is your responsibility to keep your details and those of your business/organisation up to date on the user profile. In these Terms and Conditions, references to ‘you’ shall refer to both the individual user as well as the business/organisation that is represented by the individual user or that is a registered user itself.
2.3 Subject always to 1.4, material produced by GRUPO MCS on the Site (which for the avoidance of doubt does not include material on any linked website of a third party) and the Branding, may be copied or downloaded for your own use within the Costa Rica provided (i) that all use of Branding must be strictly in accordance with the applicable brand guidelines, that you can ask for at info@grupo-mcs.com, and (ii) other than with GRUPO MCS’s prior written consent and in full compliance with any terms that GRUPO MCS may require, you may not:
2.3.1 host any material or Branding or a variation of it on any website; or
2.3.2 adapt, alter or create a derivative work from any of the material or Branding; or
2.3.3 use the material or Branding in any commercial manner including incorporating any of GRUPO MCS’s Branding on any merchandise or promotional items
2.4 The Branding may only be downloaded by the holder of a GRUPO MCS account.
2.5 These Terms and Conditions permit use of the materials and the Branding only within Costa Rica. If you wish to use the materials or Branding outside Costa Rica please contact GRUPO MCS to arrange a specific licence for use.
2.6 In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the software (together, the “Software”) will be subject to a specific license to be issued to you by GRUPO MCS. GRUPO MCS does not transfer title to the Software to you. GRUPO MCS will retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
- Liability
3.1 GRUPO MCS does not warrant that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
3.2 This Site and the information, names, images, pictures, logos and icons regarding or relating to GRUPO MCS, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied.
3.3 Whilst GRUPO MCS makes every effort to guarantee the accuracy of information contained within this Site, it accepts no liability for any inaccuracies and visitors to the Site who rely on this information do so at their own risk.
3.4 GRUPO MCS is not responsible for the contents or reliability of any linked websites and does not necessarily endorse the views expressed within them. Linking shall not be taken as endorsement of any kind.
3.5 Nothing in these Terms and Conditions shall operate or be construed so as to exclude or restrict:
3.5.1 any warranty or condition implied by statute in the event of your dealing as a “consumer” as defined by section 2 of the Consumer Rights Act 2015. In such a case your statutory rights are unaffected by these terms and conditions; or
3.5.2 the liability of GRUPO MCS for death or personal injury caused by reason of the negligence of GRUPO MCS or of its servants, employees or agents.
3.6 Save as set out in 3.5, in no event will GRUPO MCS be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site.
3.7 In no event shall GRUPO MCS’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the costs incurred by you, if any, for accessing the Site.
- Your Contributions
4.1 Where you are invited to submit any contribution to the Site (including without limitation any text, graphics, video or audio) you are required by such submission to grant GRUPO MCS a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in GRUPO MCS’s Privacy Policy. If you do not wish to grant such rights to GRUPO MCS, it is suggested that you do not submit your contribution to the Site.
4.2 By submitting your contribution to the Site, you also:
4.2.1 warrant that such contribution is your own original work and that you have the right to make it available to GRUPO MCS for all the purposes specified above; and
4.2.2 indemnify GRUPO MCS against all legal fees, damages and other expenses that may be incurred by GRUPO MCS as a result of your breach of the above warranty; and
4.2.3 agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the other purposes specified above; and
4.2.4 acknowledge and agree that it may be copied or downloaded by users pursuant to 2.3.
- Use of the Site
You agree to use the Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.
- Termination of Usage Rights
6.1 These Terms and Conditions will continue to apply to your use of the Site and your access to and use of the materials and Branding on the Site unless and until GRUPO MCS notifies you that your access has been terminated and your account has been closed. GRUPO MCS reserves the right to close your account and block your access to the Site and the materials and Branding on the Site at any time in its sole discretion, but is only likely to do so if it considers that you have materially failed to comply with these Terms and Conditions.
6.2 Upon closure of your GRUPO MCS account you must immediately stop using all materials and Branding obtained from the Site and all copies thereof, if required by GRUPO MCS to do so.
- Severability
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
- Jurisdiction
8.1 The Site is controlled and operated by GRUPO MCS from its offices in Costa Rica. GRUPO MCS makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of Costa Rica. Disputes arising from these Terms and Conditions shall be exclusively subject to the jurisdiction of the courts of Costa Rica.
- Email Disclaimer
9.1 The contents of any email (including attachments) sent from GRUPO MCS are confidential and subject to copyright. It is intended only for the use of the individual or entity to which it is addressed. If you have received an email in error, please contact the sender immediately by returning the email or by telephone +506 2249-6586 and asking to speak to the sender, and then delete it (including any attachments) from your system. If you are not the intended recipient of the email, any disclosure, copying, distribution or use of its contents is strictly prohibited.
9.2 GRUPO MCS uses anti-virus technology to check all outgoing messages but cannot guarantee the absence of viruses and GRUPO MCS does not accept liability for any virus introduced by any email or any attachment and you are advised to use appropriate and up-to-date virus checking software.
9.3 GRUPO MCS cannot accept any responsibility for the accuracy or completeness of the contents of any email as it has been transmitted over a public network and Internet communications are not secure. If verification is required, please request a hard copy.
9.4 Except where the email is sent in the usual course of business, the views and opinions expressed in any email message are those of the individual sender and do not necessarily reflect the views and opinions of GRUPO MCS.
9.5 GRUPO MCS reserves the right to monitor incoming and outgoing emails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and / or for the purposes of quality control and / or training purposes.
9.6 Email is sent to the recipient at the request of, or in response to, the intended recipient’s expressed interest in GRUPO MCS activities. GRUPO MCS wishes to retain your contact information for the purpose of making future contact with you about GRUPO MCS’s activities and aims. If you do not wish your contact information to be kept, you may let GRUPO MCS know by sending an email to admin@grupo-mcs.com with your specific request to opt-out of such contacts.