Terms & Conditions
Last Updated on: 28th May 2021
‘BCRS Regulations’ means the Beverage Containers Recycling Regulations (Subsidiary Legislation 549.134).
‘Participant(s)’ means any operator qualifying as a producer (including importers), distributor, retailer and/or catering undertaking, all the aforementioned as defined in the BCRS Regulations.
‘Scheme’ means the beverage container refund scheme, which shall have the same meaning as set out by the BCRS Regulations.
‘Services’ means the BCRS services offered through this website in connection with the Scheme and including the registration of Your enterprise, business or company, Your products and/or Your submission of reports as further described in Clause 3 below.
‘We/Us/Our/BCRS’ means BCRS MALTA LIMITED, a Maltese limited liability company with company incorporation number C 96013, with registered address at 103, Strait Street, Valletta VLT 1436, Malta, and with VAT Registration number MT 2773 3118.
‘You/Your/Yourself’ means the user, including Participants, of the website.
2.1 BCRS is licensed to operate the Scheme in Malta as issued by the Resource, Recovery and Recycling Agency in accordance with the BCRS Regulations. BCRS is amongst other things, responsible to provide a platform whereby Participants can gain access to and participate in the Scheme.
2.3 We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. Your continued access to or use of the Site constitutes Your acceptance of any such change and/or amendment. You agree that BCRS shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the use of the Site.
2.4 BCRS reserves the right to restrict access to the Site or any parts thereof. By way of example, access to restricted areas of the Site may be subject to registration and other conditions depending on the purpose for the use of the Site and depending on the Services applicable to You. If we grant You permission to access a restricted area, We may withdraw that permission at any time (in particular where You breach any of these Terms and Conditions and/or the BCRS Regulations).
3. The Services
3.1. Before enlisting the Services and registering with BCRS to take part in the Scheme please make sure that You qualify as a Participant by carefully reading the applicable conditions for registration and participation in the Scheme here (the “Scheme Participation Conditions”).
3.2. PARTICIPATION REGISTRATION: In order to participate in the Scheme You must first register Yourself as a Participant by means of the portal provided on this Site, providing all the requested information relating to each of Your undertakings (such as details relating to Your producer, importer, distributer, retailer or catering undertakings), and, if applicable, to each of Your establishments in the most accurate manner possible.
3.2.1. Once You submit all the requested information You will be prompted to read and accept the Scheme Participation Conditions. We reserve the right to refuse registration of Participants should We, at Our sole discretion, decide that You do not fulfil the requisites specified in the Scheme Participation Conditions.
3.2.2. Once You have read and accepted the Scheme Participation Conditions in the aforesaid manner, You will be directed to the website of Our payment gateway service provider (the “PGSP”), where You will be requested to provide the necessary details to affect payment for Your registration in the Scheme, subject to the following:
220.127.116.11. If You qualify and register as a producer, importer and/or distributor You will be subject to a one-time registration fee.
18.104.22.168. If You qualify and register as a retailer and/or catering undertaking You will be subject to a yearly scheme registration payment.
3.2.4. Once We receive verification that Your transaction has been processed successfully and We are satisfied with Your request, We will then send You an email confirmation indicating that Your registration has been successful, containing important information including Your BCRS registration number together with the invoice detailing information regarding the transaction.
3.3. BEVERAGE CONTAINER REGISTRATION: Each Participant who registers importer and/or producer undertakings under the Scheme in accordance with Clause 3.2 above, shall prior to placing all and any type of beverage container, register such beverage container on the BCRS portal indicating all requested information relating to each type of beverage product, material, design and typology intended to be placed on the market (the “Beverage Container Type(s)”), in the most accurate manner possible.
3.3.1. Participants who register importer and/or producer undertakings shall be subject to a deposit and an additional registration fee for every Beverage Container Type.
3.3.2. Participants who register Beverage Container Types under this Clause 3.3 shall be given the choice to either pay BCRS directly via Our PGSP’s website, in the manner and under the conditions described in Clause 3.2.3 above, or otherwise opt to receive an invoice to affect payment via an alternative method.
3.3.3. Once You have registered the Beverage Container Type(s) in accordance with Our instructions, We shall send You an email confirmation indicating that registration has been successful together with an invoice indicating details regarding the transaction, both whether transacting via Our PGSP or whether electing to pay via an alternative method.
3.4. PRODUCT PLACEMENT REPORTING: Each Participant who registers producer and/or importer undertakings, shall be bound to report on a monthly basis to BCRS, for each single use container registered in accordance with Clause 3.3 above, all the prompted information detailing such products’ released on the market.
3.4.1. Such participants shall pay a deposit fee for each Beverage Container Type placed on the market.
3.4.2. Once a report is submitted in accordance with Our instructions, We shall send You an email confirmation indicating that Your report has been submitted successfully, together with an invoice containing Our financial information together with the breakdown of the total administration fee.
3.5. Each Participant is responsible for observing all conditions imposed by the BCRS Regulations as well as the Scheme Participation Conditions at all times. BCRS reserves the right to take any action required in order to enforce any breach of these terms and conditions (for example, should the necessary payments not be made in accordance with the applicable terms), the BCRS Regulations and/or the Scheme Participation Conditions, including informing and/or reporting any such breach to the Resource, Recovery and Recycling Agency.
4. Exclusions and Limitations
4.1. BCRS exercises reasonable care in maintaining and making available the Site, and We use reasonable efforts to make Our Site available at all times. Notwithstanding the above, BCRS is providing the Site on an “as is” basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties. In addition, BCRS makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Site. The information contained on the Site may contain technical inaccuracies or typographical errors. All liability of BCRS howsoever arising for any such inaccuracies or typographical errors is expressly excluded to the fullest extent permitted by law.
4.2. Except to the extent that loss or damage is caused directly by BCRS’s gross negligence or wilful misconduct and subject to the following paragraphs, BCRS and/or its employees expressly disclaim any and all liability whatsoever in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of the Site and/or any delay in providing, or failure to provide or make available the Services. In particular, and without limiting the generality of the foregoing, BCRS will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from events or circumstances beyond its control.
4.3. BCRS shall not be liable for any losses resulting from third party services, such as the payment gateway services (as described in Clause 3 above) outside its reasonable control whether such services are used by You to access the Site or used by BCRS in order to comply with Your instructions.
4.4. The Site and/or these Terms and Conditions may contain links or otherwise direct You to third party websites. Such links are provided for Your convenience only, and the inclusion of such links does not entail Our endorsement/approval thereof. BCRS is not responsible for the content of any other website outside of the Site and shall not be liable to You for any losses resulting from Your accessing third party websites, whether or not You access such websites through the Site.
4.5. BCRS further expressly disclaims any and all liability in respect of any loss or damage suffered by any person arising out of or in connection with the Site or as a result of the information contained on the Site. All information on the Site is:
4.5.1. of a general informative nature only and should in no way be taken as an indication of future results, advice or consultancy;
4.5.2. not necessarily comprehensive, complete or up-to-date; and
4.5.3. subject to change without notice.
4.6. The entirety of this Clause 4 (Exclusions and Limitations) is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
4.7. Without prejudice to the foregoing terms in this Clause 4, Our maximum liability to You in relation to Your use of the Site or Our Services will, where this is ascertained, be the total amount of registration and/or subscription fees paid by You during the same year that the alleged liability arose.
5. Restrictions of Use
5.1. Your use of the Site is personal to You. Moreover, Your use of the Site shall comply with the rules set out in these Terms and Conditions and the BCRS Regulations and, in particular, You shall not:
5.1.1. Use the Site for any unlawful or fraudulent purpose
5.1.2. Impersonate any person or entity, misrepresent or falsely state Your affiliation with any such person or entity on this Site.
5.1.3. Reproduce, copy, duplicate, sell or otherwise exploit the Site or any part of it for any commercial purpose
5.1.4. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site for any purpose.
You agree to indemnify, defend and hold harmless BCRS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these terms and conditions, Your infringement of any intellectual property rights, Your infringement of any of the BCRS Regulations, Your infringement of any other right of any person or entity, Your breach of any duty of confidence or privacy, any defamatory statements made by You in any form and/or any misuse of the Site and/or the Services.
7.1. Please read the Scheme Participation Conditions as well as Clause 3 for instructions on how fees are calculated, the manner in which payment shall be made and the moment when a transaction shall be deemed completed.
7.2. By using any of the Services, You agree to pay all and any charges at the rates applicable and stipulated at the time upon which You engage Us/contract with Us for any such Services, whether by way of one-time registration fee, yearly scheme registration fee or otherwise.
7.3. The prices indicated in accordance with Clause 7.2 above shall, with the exception of any deposits payable (e.g. in relation to the deposit for Beverage Container Registration as per Clause 3.3.1), be inclusive of any tax or duty (e.g. VAT) that may be imposed by operation of the law. Any further tax, duty or other burden that may apply outside of the above-mentioned parameters shall not be the responsibility of BCRS.
8.1. To the fullest extent permitted by law, BCRS reserves the right to terminate the Services immediately if You in any way commit a material breach of any of the provisions in these Terms and Conditions, the BCRS Regulations and/or the Scheme Participation Conditions, including but not limited to Your failure to make any required payments in terms of Clause 7 above and/or if You otherwise infringe any applicable law.
8.2. Any rights accrued by BCRS at the date of termination will continue to be enforceable after termination of the Services.
8.3. In addition to the above rights, BCRS reserves the right to, at its sole discretion deny users access to the Site or to any of the Services without notice, should any such user breach these Terms and Conditions, the BCRS Regulations, the Scheme Participation Conditions and/or any other applicable law.
9. Written Communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using this Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide you with information by posting notices on our Site. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
10. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by the Site and which is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
· Strikes, lock-outs or other industrial action;
· Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster;
· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
· Impossibility of the use of public or private telecommunications networks;
· The acts, decrees, legislation, regulations or restrictions of any government.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Use of Your information
13. Governing Law & Jurisdiction
13.1. The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising out of, or in relation to, or in connection with the Site and these Terms and Conditions. You hereby irrevocably submit to the jurisdiction of the Courts of Malta.
13.2. These Terms and Conditions shall be governed and construed in accordance with Maltese law, and by accessing the Site, You accept Maltese law as the law governing the use of the Site, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and the 1980 Rome Convention on the law applicable to contractual obligations (the Rome Convention), or any other legislative measure which may replace the said Regulation and Convention from time to time.
Questions, comments or requests regarding these Terms and Conditions or Our Services should be addressed to: firstname.lastname@example.org .
Last Updated on: 28th May 2021