General Terms and Conditions of Use for the Collect & Go Mobile App

B§1 Introduction

The Collect & Go App ("App") has been developed, and is operated and provided, by Hanson Quarry Products Europe Limited for itself and on behalf of its affiliate companies ("Heidelberg Materials”) in connection with Heidelberg Materials Collect & Go dedicated asphalt service ("Collect & Go Service") for Heidelberg Materials qualifying asphalt collect driver customers ("Collect Driver(s)").

The App is available for use by any Collect Driver, subject to the terms of these General Terms and Conditions of Use ("GTC" or "User Agreement"). Via the App, Collect Drivers are able to collect loyalty points and select and redeem digital voucher rewards as part of a loyalty scheme initiated and operated by Heidelberg Materials ("Loyalty Scheme"). Heidelberg Materials products cannot be ordered or purchased via the App.

B§2 User Agreement, classification within the existing contractual relationships

The User Agreement according to these GTC is made between Heidelberg Materials and the Collect Driver accessing the App and governs that Collect Driver’s access to and use of the App. Access to and use of the App is free of charge and can be downloaded from either the Apple AppStore or the Google PlayStore.
By accessing and using the App, the Collect Driver hereby warrants and undertakes that he/she is the driver of the vehicle who attends a location nominated by Heidelberg Materials as a Heidelberg Materials Collect & Go plant from time to time ("Collect & Go Location") in order to receive the benefit of the Collect & Go Service.
Heidelberg Materials is not obliged to provide or maintain access to the App to the Collect Driver. The Collect Driver has no claim against Heidelberg Materials to demand access to or use of the App.

B§3 Creating a Collect Driver Account

Once the App has been downloaded by the Collect Driver from the applicable app store, the Collect Driver will need to create a user account ("Account") on the App in order to access and use the App.
To create an Account, the Collect Driver will need to follow the on-screen instructions on the App. The Collect Driver will need a valid email address or alternatively an Apple, Google or Microsoft account in order to create an Account. The Collect Driver will also need to supply Heidelberg Materials with other registration information and data requested by Heidelberg Materials, such as the Collect Driver’s first name and last name, email address (to the extent not already provided) and company name (if applicable). For the purpose of simply creating an Account, the Collect Driver does not need to provide the vehicle registration number(s) of the vehicle(s) to be used by the Collect Driver to collect asphalt products from a Collect & Go Location when using the Collect & Go Service, however, the Collect Driver will be required to provide this information in order to collect loyalty points and select and redeem digital vouchers (see B§4 para 4 below). See B§11 for more details about how Heidelberg Materials will handle any of the Collect Driver’s personal data collected in accordance with this B§3 para 2.
As well as the data and information stipulated in B§3 para 2 above, the Collect Driver will need to create a username and password for their Account. Such access data must always be treated confidentially by the Collect Driver and may not be passed on to third parties, save as otherwise expressly stipulated in these GTC. Access data must be protected against access by unauthorised third parties by means of appropriate and up to date technology measures. The Collect Driver bears the sole responsibility for the use of the access data and is obliged to notify Heidelberg Materials immediately in the event of any unauthorised access, use or any suspicion of misuse of the access data by third parties.
If the Collect Driver already has an Account, the Collect Driver can login to their Account through the ‘Sign in’ button on the home page of the App in order to access and use the App. The App uses a third-party platform called Auth0 in connection with the authentication and authorisation of Account creation and logins (see B§7 para 3 for more information).
The Collect Driver is responsible for ensuring that any information and data provided by the Collect Driver to Heidelberg Materials is complete and accurate and in circumstances where this information and/or data changes for any reason, the Collect Driver must immediately notify Heidelberg Materials and update such information and/or data on the Collect Driver’s Account.
A Collect Driver may only have one Account at any time.
Heidelberg Materials reserves the right to reject any registration of an Account and to refuse use of or access to the App to anyone for any reason, at Heidelberg Materials absolute discretion.

B§4 Functionality, Availability and Use of the App

The functions of the App can change at any time. The possibility of using certain functionalities, their adjustment to certain processes or compatibility with certain browsers or mobile devices is not guaranteed. In particular, during maintenance work and in the event of third-party intervention, as well as for other technical reasons, the App may at any time be temporarily unavailable or only available to a limited extent. In such cases, the parties shall make use of any other arrangements made available by Heidelberg Materials regarding the Loyalty Scheme.
The App cannot be used without internet connection. For the use of an internet connection, fees may be charged by the respective internet provider.
Heidelberg Materials is entitled to change, restrict or completely deactivate all or any functions of the App at any time. Use is no longer possible in the latter case. В§5 must be observed.
Once a Collect Driver has completed a collection of asphalt products as part of the Collect & Go Service, the Collect Driver can collect their loyalty points awarded for that collection through the App by selecting the ‘Collect My Points’ button on the App’s ‘Home’ page. Before the loyalty points are confirmed by Heidelberg Materials and added to the Collect Driver’s Account, the Collect Driver must provide to Heidelberg Materials the vehicle registration number of the vehicle used by the Collect Driver to collect asphalt products from the Collect & Go Location and must register such vehicle registration details to their Account. To the extent that this information has already been provided by the Collect Driver at the time of creating an Account (see B§3 para 2), the Collect Driver will need to confirm (from a drop-down list) which vehicle (by reference to the vehicle registration number) has been used for that collection. The Collect Driver will also need to confirm the last 4
digits of the ticket number issued by Heidelberg Materials at the time of collection. All vehicles which the Collect Driver has registered to their Account will be displayed on the above-mentioned drop-down list. To the extent that the vehicle used by the Collect Driver is not displayed on the drop-down list, there is a function on the App which allows the Collect Driver to insert details of an additional vehicle by confirming the applicable vehicle registration number.
The Collect Driver can view on the ‘Home’ page of the App the total number of loyalty points which they have collected. The ‘Rewards’ page of the App will display an ‘Available balance’, which represents the total monetary value which the Collect Driver has earned based on the number of loyalty points collected and which can be redeemed against any of those qualifying digital vouchers listed on the ‘Rewards’ page of the App. Please note, the ‘Available balance’ cannot be redeemed for cash. To purchase a digital voucher, the Collect Driver can select from the ‘Rewards’ page the digital voucher which they wish to purchase by clicking on the icon of the relevant brand. Once the Collect Driver has followed the steps to purchase the selected digital voucher, the digital voucher will be generated and sent to the Collect Driver via email (to the email address registered to the Collect Driver’s Account) along with instructions on how the digital voucher can be used and any relevant terms and conditions (e.g. the expiry date and any excluded items). The App interfaces with a third-party application programming interface (API) called WeGift to procure on-demand digital vouchers (see B§7 para 2 for more information).
Heidelberg Materials may, on occasion, where the Collect Driver has consented via the App, send to the Collect Driver marketing information by email. This can include notifications about the launch of new goods, competitions, offers or other relevant news articles that the Collect Driver might find interesting. If the Collect Driver would like to stop receiving such information from Heidelberg Materials, the Collect Driver can click on the "unsubscribe" link in any such emails that Heidelberg Materials sends to the Collect Driver, or use the contact details displayed on the App.
The App may only be used by the Collect Driver who registered the Account. The Collect Driver is responsible for any losses, damages, expenses or costs which may occur as a result of any person other than the Collect Driver accessing and using the App.
The Collect Driver shall use the services of the App only for the Collect Driver’s business purposes and shall in particular comply with the provisions of data protection and antitrust law and other applicable statutory regulations. Heidelberg Materials reserves the right to temporarily block the Collect Driver’s access to and use of the App in order to be able to carry out a check of admissibility.
Breaches by users who are not the Collect Driver, but whose access to the App was initiated or permitted by the Collect Driver in violation of these GTC shall also be attributed to the Collect Driver and Heidelberg Materials shall have no liability to the Collect Driver for any wrongful and/or fraudulent use of the App by any persons.

B§5 Obligation for data backup by the Collect Driver

The App does not serve to secure the Collect Driver’s content or to comply with any statutory retention obligations (e.g. under commercial or tax law) which apply to the Collect Driver. It is the Collect Driver’s responsibility to secure all content in the App in accordance with the legal obligations and with the due diligence of a prudent business person.

B§6 Rights of Heidelberg Materials

If the Collect Driver violates one or more of his/her obligations under these GTC, in particular under В§4, or if the Collect Driver endangers the data or system security of the App through his/her conduct, acts or omissions, Heidelberg Materials is entitled to immediately, temporarily or permanently block the access of the Collect Driver to the App. Heidelberg Materials shall notify the Collect Driver in text form of the restriction to be applied in the individual case. Further rights of Heidelberg Materials shall remain unaffected.

B§7 Services of third-party providers: Use of WeGift, Auth0, Google Maps and Apple Maps

Third-party software and/or other third-party content ("Third Party Content") may be used by the Collect Driver as part of the App with the permission of the respective licensor or copyright holder. All ownership and intellectual property rights in and to the Third Party Content and use of such content is governed by separate third party terms between the Collect Driver and the third party. Any warranty or other assurances on behalf of Heidelberg Materials regarding this Third Party Content are (to the extent not prohibited at law) excluded.
The App interfaces with a third-party application programming interface (API) called WeGift which is integrated within the App and which procures on-demand digital vouchers as part of the Loyalty Scheme. The use of WeGift by the Collect Driver is subject to separate end-user terms and conditions available at WeGift - Terms of Use and the WeGift Privacy Policy available at WeGift - Privacy Policy (in each case, as may be updated from time to time). The use of WeGift by the Collect Driver is at his/her own risk.
The App uses Auth0, a third-party authentication and authorisation platform, which has been implemented to allow Collect Drivers to create an Account and once created, to login to their Account. The use of Auth0 by the Collect Driver is subject to separate end-user terms and conditions available at Terms of Service - Auth0 and the Auth0 Privacy Policy available at Privacy Policy - Auth0 (in each case, as may be updated from time to time). The use of Auth0 by the Collect Driver is at his/her own risk.
The App uses Google Maps if accessed with an Android device or if Google Maps is installed on an Apple device. The use of Google Maps by the Collect Driver is subject to the current additional terms and conditions for Google Maps / Google Earth at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy at https://policies.google.com/privacy?hl=de. The use of Google Maps by the Collect Driver is at his/her own risk. Location data may not be accurate.
If the App is accessed with an Apple device and Google Maps is not installed, the App uses Apple Maps. The use of Apple Maps by the Collect Driver is subject to the current terms of use for Apple Maps at https://www.apple.com/legal/internet-services/maps/terms-de.html and the Apple Privacy Policy at https://www.apple.com/privacy/. The use of Apple Maps by the Collect Driver is at his/her own risk. Location data may not be accurate.

B§8 Intellectual property of the App, granting of usage rights and restrictions

The App and all updates are protected by copyright. Heidelberg Materials or its licensors retain all ownership and intellectual property rights in and to the App and all developments and enhancements thereto. The Collect Driver is only authorised to download and use the App on the condition that these GTC are complied with in all respects.
The use of the App exceeding the use described in these GTC is not permitted. In particular, any reproduction of the App that exceeds the intended use on a mobile device is not permitted, nor is public access, modification or decompilation of the App. The granting of sub-licenses is also not permitted and nor may the Collect Driver assign, transfer, rent or lease the App, except as expressly permitted in writing by Heidelberg Materials.
The granted usage rights automatically expire in the event that the respective access data (referred to in B§3 para 3) is blocked, refused or deactivated or the App is removed from the mobile device.
Notwithstanding the generality of B§8 para 2, the Collect Driver shall not and shall not cause or permit others to, modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, download or copy any part of the App or make available the App to any third party, except as expressly permitted under these GTC.

B§9 Term and Termination

A User Agreement according to these GTC shall remain in force for an indefinite period of time and can be terminated at any time by either party upon giving written notice to the other party without giving reasons.
Upon termination of the User Agreement, Heidelberg Materials will immediately block the Collect Driver’s access to the App and the Account will be automatically deactivated. Any loyalty points collected and/or ‘Available balance’ earned (see B§4 para 5 above), will be lost once the Account is deactivated.

B§10 Disclaimer

The installation and the use of the App is at the sole responsibility of the Collect Driver. For his/her own protection, the Collect Driver is obliged to ensure appropriate security measures and virus scanners are in place on his/her mobile device.
Any liability towards the Collect Driver is excluded, unless liability may not be excluded or limited in law in respect of death or personal injury resulting from the negligence of Heidelberg Materials or for fraud or fraudulent misrepresentation. Subject to the above, in no event shall Heidelberg Materials be liable for any direct, indirect, special or consequential damages (including but not limited to loss of revenues, loss of profits, sales, data, data use, goodwill and reputation) arising out of or in any way connected with the Collect Driver’s use of, delay in using, or inability to use the App. If this limitation of liability or exclusion of liability as set forth above is held inapplicable or unenforceable for any reason then Heidelberg Materials maximum liability to the Collect Driver shall be limited to £100 in respect of any single claim or series of connected claims from a Collect Driver.
Heidelberg Materials does not guarantee that the App or the contents communicated here are compatible with the hardware and software of the used (mobile) devices. Furthermore, Heidelberg Materials does not guarantee that the App or its content are error-free or available at any time or at certain times without restrictions or that they meet certain performance and functional requirements. Furthermore, Heidelberg Materials is not liable for disruptions and loss of quality of data transmission on the internet for which Heidelberg Materials is not responsible and which may make the use of functions of the App more difficult or prevent it.
Subject to B§10 para 2, Heidelberg Materials is not liable for damages caused by errors, delays or interruptions in transmission, malfunctions of the technical equipment and service, incorrect or incomplete data, viruses or in any other way in the use of the App.
Third Party Content that can be activated in the course of using the App is third-party content for which Heidelberg Materials has no influence and for which no guarantee is given. Heidelberg Materials is not responsible for any issues related to the performance, operation or security of the App that arise from Third Party Content and/or services provided by third parties (including any error, failure or delay of WeGift and/or Auth0).
Liability for damage to hardware or otherwise installed software is also excluded within the scope of the above disclaimer. Any liability for the availability of GPS signals as well as the precision of geodata or faulty entries is also excluded.
Insofar as the liability of Heidelberg Materials is excluded or limited, this also applies to the liability of the representatives and servants of Heidelberg Materials.

B§11 Data Protection

Heidelberg Materials complies with the rules of the applicable data protection law. Heidelberg Materials is the responsible party for the processing of personal data that arise from the use of the App (e.g. the personal data provided by the Collect Driver to register for an Account in accordance with В§3 para 2), in relation to the access data of the Collect Driver as well as the data (if any) retrievable via the App (as far as such data relates to individuals). Information on the processing of this data in accordance with applicable data protection laws is available here https://www.heidelbergmaterials.co.uk/en/privacy-policy.

B§12 Amendments to the App and these GTC

Heidelberg Materials reserves the right to amend these GTC in the event of the introduction of new functions, adaptation of the business model and/or changes in the legal situation, in accordance with the following procedure:

The amended GTC will be displayed to the Collect Driver prior to use of the App and must be accepted by the Collect Driver prior to the Collect Driver’s use of the App. If the Collect Driver does not accept the modified GTC, the Collect Driver’s access data will be automatically deactivated and the Collect Driver will be prevented from using the App.

B§13 Confidentiality

The term "Confidential Information" includes, any documents, information and content of the App, including the terms and conditions of this User Agreement ("Confidential Information"), that are exchanged between Heidelberg Materials and the Collect Driver. Heidelberg Materials and the Collect Driver agree to keep the Confidential Information strictly confidential. Heidelberg Materials and the Collect Driver agree not to disclose this Confidential Information to third parties, to use it only for the purposes provided in these GTC and to take all appropriate precautions in accordance with these GTC to ensure the confidentiality of the Confidential Information and to prevent its disclosure.
The obligation under В§13 para 1 shall not apply to Confidential Information in respect of which the disclosing party can prove (i) that at the time of disclosure by the party providing it, it was either (a) generally known, i.e. already published or generally accessible, or (b) already known to the disclosing party, or (ii) that, after its disclosure by the party that provided it, it became publicly known through no fault of the disclosing party, or (iii) that, after its disclosure by a third party to the disclosing party, it was made available to the disclosing party lawfully and without restriction as to confidentiality or use thereof.
After termination of the Collect Driver’s access to and use of the App, Confidential Information available in writing shall be completely destroyed on all sides or, if so agreed, returned to the sender of the Confidential Information.
The above confidentiality obligations shall end at the end of the second year after the termination of the User Agreement according to these GTC.

B§14 Final clause

The use of the App and the provision of these GTC are provided in the English language. The Collect Driver can view these GTC at any time under the menu item "Information on the App". These GTC will also be made available to access when the Collect Driver registers for an Account.
These GTC are subject to the laws of England and Wales.
The English courts shall have exclusive jurisdiction for all disputes arising from or in connection with these GTC.
These GTC exclusively apply to the user relationship between Heidelberg Materials and the Collect Driver with regard to access to and use of the App. Heidelberg Materials does not accept any deviating terms and conditions of the Collect Driver unless Heidelberg Materials has expressly agreed to their applicability in writing.
Should one or more of the above GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid or unenforceable provision by a valid provision which achieves the purpose intended by it as far as possible. The same applies to any gaps in these GTC.
Any notice given under this User Agreement shall be provided to the other party in writing to the other party’s registered office or principal place of business or such other address as is notified from time to time to the other party in writing. Heidelberg Materials may give notices applicable to Collect Drivers via a push notification on the App.