ScrapZoo

Partener Terms

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Partener Terms

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform.

These Partner Terms along with the Privacy Policy, Return and Refund Policy, Cookies Policy and Disclaimer (“Terms”) provided on the provided on the Platform (as defined below) govern your use of the Platform, i.e. application available at PlayStore and AppStore, website available at www.scrapzoo.com links, content, software including but not limited to Products, any and all services offered on the Platform titled ‘ScrapZoo’.

These Terms govern your use of this Platform; by using this Platform, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Platform.

Our Platform is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party Platform or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

The term ‘ScrapZoo’ or “the Company” 'us' or 'we' refers to the owner of the Platform, i.e. Kajudo Connect India Private Limited whose registered office is 12, Shelar House, Borba Devi Nagar Devnar Mumbai, Maharashtra – 400086.

Customer means to include the user who has confirmed an Order on the platform for a request for any service by a Service Provider.

Logistic Partners mean to include the third-party delivery partner hiring person/s that enable any delivery.

Order/s means to include the request for a sale of any Scrap made by a user on the Platform or request for any service offered by a Service Provider by a Customer.

Partner/s means to include registered third-partyies (third parties shall for the purpose of this Terms, include without limitation various merchants, third party scrap buyers, demolition crew and/or such other third parties.

Scrap means to include without limitation old newspaper and paper, corrugated box, steel, aluminium, tin, old iron, waste & old plastic, old appliances – air conditioner, heater, television, refrigerators, mobile phones, e-waste products, cardboard & books, any recyclable material or reusable material, etc.

Scrap Seller means to include the user who has confirmed an Order on the Platform for sale of the Scrap.

Services mean to include the online aggregator services provided by the Company through the Platform.

The Platform is an online aggregator platform wherein the Company acts as an intermediary between the Scrap Buyer/s and/or Service Providers and the Scrap Sellers/Customers by merely providing hosting and technology intermediary services to the Scrap Sellers to sell Scrap to Scrap Buyer/s and/or to the Customers avail demolition and such other services from Service Providers.

The term 'you' refers to the Partners signed-up/registered with this Platform. The use of this Platform is subject to the following terms of use:

Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.

ALTERATIONS TO THE TERMS OF USE:
We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web page on the Platform. You are responsible for checking these Terms for changes periodically. If you continue to use the Platform after we post changes to these Terms, you are signifying your acceptance of the updated Terms. We reserve the right to correct, modify and revise information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Platform at any time and without notice.
YOUR RESPONSIBILITIES/LIABILITIES:
You may use the Platform for lawful purposes only. You may not submit or transmit through the Platform any material, or otherwise engage in any conduct that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including the Company and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other Customer of Company, including any Company Account not owned by You, to its source, or exploit the Platform or service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform;
8. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or any affiliated or linked sites;
9. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph;
10. Violates these Terms of Use, guidelines or any policy posted on Platform, or interferes with the use of the Platform by others.
11. Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
12. Conduct or forward surveys, contests, pyramid schemes or chain letters
13. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
14. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
15. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
16. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and engagement of Platform.
17. You may not attempt to gain unauthorized access including without limitation using any automated means or circumvent the navigational structure to access the Services, any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
18. You agree not to access (or attempt to access) the Platform and the materials or services by any means other than through the interface that is provided by Company.
19. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Platform, the information, or Services for any purpose.
SPAM:
You may not use the Platform or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Platform to violate the terms of this section. We may terminate your access or use of the Platform immediately and take any other legal action if you, or anyone using your access to the Platform violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
PROPRIETARY RIGHTS
1. In event, We, post text, messages, information, software, images, audio and video, etc. ("Content") on the Platform, we own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Platform are our trademarks.
2. This Platform contains material which may be owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.
3. All Services offered on the Platform, and content (including product descriptions, images and the like) made available by the Partners, are third party content and describe third-party Services. The Company has no control over such third-party user generated content, products or services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity, accuracy or genuineness of the Scrap made available by the Scrap Seller and/or services made available by Partners through the Platform shall be the sole responsibility of the Scrap Seller and/or Partners respectively. Likewise, the authenticity, accuracy or genuineness of the Services made available by the Partners through the Platform shall be the sole responsibility of the Partners. The Company shall have no liability with respect to the authenticity of the Scrap and Services being facilitated through the Platform. The Company does not take any representation or warranty as to legal title of the Scrap offered for sale by the Scrap Sellers and/or services provided by Partners on the Platform. The right, title, claim or interest in the Scrap sold through the Platform shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Platform.
4. You agree and acknowledge that third-party content available on the Platform, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any offer for sale. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Scrap and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Platform which is subject to due verification by you.
LICENSE TO USE
1. Unless otherwise stated, the Company owns the intellectual property rights in the Platform and material on the Platform save and except any third-party enable software as a service and/or platform. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Platform for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
2. Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Prior to making a purchase, you must check a box certifying that you
  1. are the registered and authorized user of your user account,
  2. are at least 18 years old, and
  3. are completing a purchase from any location.
3. You must not:
  1. republish material from this Platform (including republication on another Platform);
  2. sell, rent or sub-license material from the Platform;
  3. show any material from the Platform in public or any other public medium;
  4. reproduce, duplicate, copy or otherwise exploit material on this Platform for a commercial purpose; re-distribute material from this Platform except for content specifically and expressly made available for redistribution;
  5. Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
  6. Any such use of the Platform and/or its material, otherwise which shall be opposed by us.
4. On request of registration information from you to set up a merchant account on your management console/dashboard, you must provide us with accurate and complete information and must update the information & Documents when it changes.
5. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
6. You shall bear all data charges for the use or view of the Platform as charged by their respective network carrier/s. The user or viewer must have a device with wi-fi, 3G/4G/5G connectivity for using or viewing the Platform.
7. Sweepstakes, contests, and promotions on the Platform may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements. All such offers including but not limited to offers such as cashback, discounts, free gifts, etc. will be at the discretion of ScrapZoo and/or Partners and/or such third-party, if applicable.
8. We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.scrapzoo.com. If you object to your information being transferred or used in this way please do not use the Platform.
9. In event of any query raised to the Company regarding the use of the Platform, the Company shall make best efforts to respond within 2 business days of receipt of such query.
10. Our Company reserves the right to restrict Services in particular areas or locations at its discretion.
PARTNER SERVICES:
1. Subject to terms and conditions contained in these Partner Terms and the Agreement with Scrap Buyer/s and/or Service Providers, if any, the Partner agrees to makes himself available on the ScrapZoo Partner Platform to undertake Services as and when a request for the same is placed by a Scrap Seller/Customer through the Platform, and to provide Services to the Scrap Sellers/Customer to the best of its abilities.
2. Partner agrees and acknowledges that upon acceptance of an order by the Partner, Services undertaken by it shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Partner and the Scrap Seller/Customer, to which the Company is not a party.
3. The Partner shall have access to the ScrapZoo Partner Platform at all times unless there is a technical glitch or if the ScrapZoo Partner Platform is being updated. Once logged-in, the Partner shall remain available and shall be able to connect with the Scrap Sellers/Customer for the purpose of receiving information for Orders placed by the Scrap Sellers/Customer and undertaking Services in connection with the same.
4. The Partner confirms and acknowledges that by logging-in on the ScrapZoo Partner Platform, it agrees to be tracked by ScrapZoo via GPS enabled tracking technology and ScrapZoo may share this information with Scrap Sellers/Customers on a real-time basis for the purpose of enabling the status of the Services being provided by the Partner to the Scrap Sellers/Customers. The Partner further agrees that logging-in on the ScrapZoo Partner Platform shall be deemed acceptance of the Partner’s intention to accept orders of Scrap Sellers/Customers to render the Services mentioned herein.
5. All queries and questions raised by the Partner, including but not limited to how to execute an order, directions for the Scrap Seller’s address,and render the Services will be resolved by the Company.
PARTNER OBLIGATIONS:
1. Partner makes himself/herself available to undertake Services as and when a request for the same is placed by Scrap Seller/Customer through the ScrapZoo Platform available at Playstore and AppStore.
2. You agree and accept that You shall be liable to validate the correctness of the Scrap delivered to You.
3. Partner shall use his/her personal vehicle, i.e. Partner Vehicle for providing Services. No vehicle of any kind shall be provided by ScrapZoo under any circumstances.
4. The Partner shall ensure that the Partner Vehicle is well maintained and in good condition so that there are no delays in rendering Services. Expected time for delivery by the Partner is 1 Hour from receipt of the notification by such Partner and acceptance of such Order. Delays beyond such 24 hours will result in loss of any and all preferential services and/or treatments offered and provided by ScrapZoo.
5. All expenses incurred in maintaining, running and riding the Partner Vehicle shall be borne exclusively by the Partner unless otherwise agreed by ScrapZoo including without limitation insurance, car registration, maintenance of license, etc.
6. During the course of undertaking Services, the Partner shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the ScrapZoo, whether presently in force or adopted in the future, including but not limited to safety, driving rules, etc.
7. Partner shall not commit any fraud while providing Services or otherwise commit any act or omission, to gain any undue advantage. Partner agrees and acknowledges that in case ScrapZoo believes that the Partner has committed any of the foregoing while undertaking Services, ScrapZoo shall, report the same to the concerned authorities and appropriate action will be taken.
8. The Partner shall maintain the welcome kit in good condition at all times and immediately return it to ScrapZoo, upon the termination of service through Partners or otherwise.
9. Upon receiving any order to render Services after logging-in the ScrapZoo Partner Platform, the Partner shall act and perform his role in an ethical manner and to the best of his abilities by ensuring a timely execution. In case of any delays due to traffic, the Partner shall inform the Company and the Scrap Seller and follow instructions as given by them.
10. The Partner acknowledges that the goodwill and reputation of ScrapZoo is at stake with how effectively and efficiently the Partner renders Services pursuant to these Partner Terms. Accordingly, the Partner shall not do any act that adversely affects ScrapZoo and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of ScrapZoo.
11. While logged-in the ScrapZoo Partner Platform, the Partner shall not engage in any illegal activity or perform any actions that are contrary to Applicable Law.
12. All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of rendering Services.
13. Partner shall not disclose any information of the Scrap Sellers/Customers or other third parties that you learn while using the ScrapZoo Partner Platform. Partner shall not make any statement in print, digital or social media about ScrapZoo without prior approval.
14. ScrapZoo, our Customer, and/or our respective third-party partners and service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes:
  1. to provide notifications related to Services and ScrapZoo’s offerings;
  2. to facilitate scheduling;
  3. in relation to the delivery fulfillment process; and
  4. to address issues as they arise.
  You understand and consent that such messages may be sent using an automatic telephone dialing system. Please note that standard voice, data and message rates will apply for all forms of communication. Please contact your mobile phone carrier for details.
15. You agree to be professional at all times in all communications with our Scrap Sellers/Customers. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated to you from time to time. You agree not to do any activity that:
  1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable;
  2. has a commercial, political or religious purpose;
  3. is false, misleading and/or not written in good faith;
  4. infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity in the form of replacement of Products with counterfeit products or unlisted/unverified/banned/non-certified products or otherwise;
  5. is illegal and/or promotes illegal activity;
  6. contains unauthorized advertising and/or solicits users to a business other than those on the Platform;
  7. is disruptive and/or incites others to violate industry standards and/or ScrapZoo’s standards; and/or
16. If any conduct on or outside of our Platform violates the standards above, or any other terms and conditions of this Agreement; or interferes with other people’s enjoyment of the Services or our Platform; or that we believe is inappropriate; in our sole, good faith judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate the access of such defaulting Partner to the ScrapZoo Partner Platform or to any information available through the ScrapZoo Partner Platform. ScrapZoo will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with any communication.
17. Scrap Buyers are expected to promptly pick up Scrap from Scrap Sellers on our Platform to ensure smooth and continuous business transactions.
18. Scrap Buyers are obligated to complete transactions in full after their offer has been accepted by the Scrap Seller on our Platform.
19. Scrap Buyers are required not to initiate direct contact with Scrap Sellers after establishing contact through our Platform. All communications must be conducted through our Platform's messaging system.
20. Scrap Buyers are exclusively permitted to participate in Scrap dealing activities on our Company Platform provided they possess all necessary licenses and permits as mandated by relevant authorities for conducting Scrap transactions.
21. Scrap Buyers must ensure that they maintain a sufficient wallet balance on our platform to facilitate ongoing transactions.
PARTNER REPRESENTATIONS AND WARRANTIES:
1. You will not accept orders offered through the ScrapZoo Partner Platform that you do not intend to deliver;
2. You will not disclose, and will maintain the strict confidentiality of, the Scrap Seller Data and transaction logs available through the ScrapZoo Partner Platform;
3. You will not violate any applicable law(s) or Partner Terms;
4. You will not access the ScrapZoo Partner Platform or related services using a third-party’s account/registration, or attempt to impersonate another person, particularly any Partner;
5. You will not falsely report your geographic location or prevent or otherwise attempt to prevent the ScrapZoo Partner Platform from accurately reporting your geographic location;
6. You will not attempt, through any means, to gain unauthorized access to any part of the ScrapZoo Partner Platform and/or any related service, or any other account, computer system and/or network connected to any ScrapZoo server;
7. You will not attempt to deceive, mislead, confuse, or defraud ScrapZoo through any means of circumvention related to the ScrapZoo Partner Platform or the Services you are purporting to provide;
8. You will not decompile or reverse-engineer the ScrapZoo Partner Platform and/or monitor any portion of the ScrapZoo Partner Platform and/or any Materials and/or other content on the ScrapZoo Partner Platform, unless an authorized representative of ScrapZoo has given you specific permission to do so in writing;
9. You will not conduct any kind of systematic retrieval of data or other content from the ScrapZoo Partner Platform;
10. You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the ScrapZoo Partner Platform’s content;
11. You will not use the ScrapZoo Partner Platform in any manner that could damage, disable, overburden and/or impair any ScrapZoo server, or the network(s) connected to any ScrapZoo server, and/or interfere with any other Partner’s use of the ScrapZoo Partner Platform;
12. You will not use any information obtained from the ScrapZoo Partner Platform or the Services (apart from authorized use of Services) in order to contact, solicit, or buy or sell any products or services to anyone, including but not limited to any Scrap Seller or any other partner;
13. You will not copy or republish any content, including, but not limited to Scrap Seller Data and transaction logs;
14. You will not license, sell and/or otherwise provide access to and/or use of your Account or the ScrapZoo Partner Platform to any third party (other than subcontractors, pursuant to your Partner Agreement), including without limitation to build a competitive product and/or service;
15. You will not harass, annoy, intimidate or threaten any ScrapZoo employees or agents engaged in providing any portion of Services;
16. You will not contact any Scrap Sellers/Customers or any other partner beyond what is necessary to fulfill your delivery services, unless the Scrap Seller(s) or Pharmacy(s) expressly consents to such contact;
17. You will not delete the copyright or other proprietary rights notice from any Materials or any portion of the ScrapZoo Partner Platform or Services;
18. You will not upload or transmit viruses or other harmful, disruptive or destructive files;
19. You will not disrupt, interfere with, or otherwise harm or violate the security of the ScrapZoo Partner Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the ScrapZoo Partner Platform or affiliated or linked sites (including those of our other partners); and
20. You will not use the ScrapZoo Partner Platform for any illegal purposes.
TRANSACTION:
1. Any transaction both effected and completed (upon verification of receipt by the Company) through the payment option provided on Platform will apply to such Terms. The sale & purchase / transaction between the Partners and Scrap Sellers/Customers, of Scrap and/or Services, facilitated by the requisition placed by Scrap Seller on the Platform shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and Scrap Sellers/Customers and/or third-parties.
2. You acknowledge that we:
  1. are not the owner of the Scrap and Services being sold/provided hereunder;
  2. will only get involved with any dispute between Scrap Seller and Partner to the extent specified; and
  3. are not responsible in any way if any offers displayed and subsequently sold via this Platform prove unsatisfactory.
3. We have no direct involvement in transactions between users having not transacted through the Platform and the Company shall have no liability in case of any defaults arising in such cases.
4. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the Scrap or Services that are listed/ offered on Company's Platform. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.
5. We are not responsible for ensuring that a Scrap Seller complete a transaction and make no guarantees whatsoever to the user that offline offers, if any, will be listed on our Platform.
6. Unless otherwise stated, all payments are quoted in Indian Rupees.
7. Further, we are not responsible for any loss or damage arising directly or indirectly due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
8. We reserve the right to cancel any request at Company’s sole discretion, under a situation where we are not able to meet the requirement of the order placed or if the order so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of a request, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, subject to Company’s sole discretion will be made in reasonable time.
TRANSACTION PRICE:
1. The price of the Scrap/Service shall be governed by the price offered in India Rupees by the Partners upon verification of the Scrap post an Order is placed on the Platform and which shall further be subject to change as per clause 11.c.
2. The price of the Scrap/Service availed shall on every transaction additionally include a convenience fee/commission, handling fee, packaging fee, surge charges, tips, etc. and, if applicable, courier charges, insurance, and all other taxes, duties, costs, charges and expenses, if any in respect thereof and any other amount charged by the Company’s channel partners, if any.
3. The Company reserves the right to modify the fee structure by providing on the Platform which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the Scrap Seller.
4. The commission/convenience fee amount or percentage for our Company may vary depending on the specific Scrap Buyer or individual Scrap deals.
5. Please note that the convenience fee/commission applied by ScrapZoo is subject to change without prior notification to Scrap Buyers or permission. Any changes to the convenience fee/commission rate will be reflected in the transaction details at the time of purchase.
SECURITY RULES:
1. Users are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,
  1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding", "spamming", "mail bombing" or "crashing",
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
2. This Platform is designed for parties who can legally make binding contracts under applicable law. Therefore, minors using, accessing, or registering as a user on this Platform shall be deemed to be using this Platform with the valid consent of an adult guardian- and such guardian shall be considered a party to the Platform.
3. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Platform. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Platform.
MONITOR:
You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
HYPERLINKS
Platform may include links to third party Platforms, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Platform are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Platform from another Platform or document without the Company’s prior written consent.
DISCLAIMER OF WARRANTIES:
1. We provide the Platform “as is” and “as available.” We make no express warranties or guarantees about the Platform. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Platform and all software, Content, Services, any services and products distributed through the Platform are merchantable, of satisfactory quality, error-free, accurate, timely, fit for a particular purpose or need, or non-infringing.
2. Without limiting the foregoing, Company makes no warranty that (i) the Platform or the services will meet your requirements or your use of the Platform or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, services or materials will be effective, accurate or reliable; (iii) the quality of the Platform, services or other materials will meet your expectations; or that (iv) any errors or defects in the Platform, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.
  1. Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
  2. this Platform will be constantly available, or available at all; or
  3. the information on this Platform is complete, true, accurate or non-misleading
3. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.
4. To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
LIMITATION OF LIABILITY:
1. Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Platform. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Platform is limited to the convenience fee/commission received by the Company through the concerned Transaction. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Platform, Scrap, Services provided through the payment options on the Platform or any other services of the Platform arising from your use of, inability to use, or reliance upon Platform and further including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, services or materials. The Company shall not be held liable for any third-party enabled services which may lead to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Platform Services, services provided through the payment options on the Platform or any other services of the Platform arising from your use of, inability to use, or reliance upon Platform. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Platform. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, security breach or corruption of any data or other information transmitted whether via network or otherwise in connection with the use of the Platform.
2. Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Platform, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
3. The Services will be delivered by the Scrap Buyer/s and/or Service Providers or independent contractors. You accept and acknowledge that a representative is engaged by the Scrap Buyer/s and/or Service Providers or as a third-party service provider for the execution of the Order/s from the concerned Scrap Seller/Seller and/or Service Providers to the address notified by Scrap Seller, and the Company will have no control over the Scrap and the Partners shall have the Service obligations and the Scrap Seller shall have Scrap obligations and duty of care. The Company is merely facilitating the Services, and will have no liability or responsibility in this regard. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. Company is not responsible for any conduct of any third-party partners including without limitation the Logistics Partner and/or Scrap Buyer/s and/or Service Providers. Further, the Company will not be held responsible for any death, personal injury or such other loss or damage arising from the default of any third-party including without limitation the Logistics Partner and/or Scrap Buyer/s and/or Service Providers.
4. Our Company shall not be held liable for any accidents occurring during demolition or Scrap pickup processes. Scrap Buyers and Scrap Sellers engage in transactions at their own risk.
INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from including without limitation your use or misuse of the Platform; infringement of the intellectual property of any of our channel partners, Scrap Sellers/Customers, investors; data breach; illegal offerings; wrongful execution of the Order/s, wrong use of the Services and/or third-party enabled services; breach of the Terms including rules and policies incorporated herein under any applicable law.
INTERNATIONAL USE:
We make no representation that the Content on the Platform is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Platform from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
BREACHES OF THESE TERMS OF USE:
1. Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your Internet Protocol address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.
2. Further, it is clarified that unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.
Our Company reserves the right to restrict services in particular areas or locations at its discretion. Our Company reserves the right to impose additional charges or penalties on Scrap Buyers and/or Scrap Sellers in the event of a breach of any conditions outlined in these terms of use.
SEVERABILITY:
This contract and any supplemental terms, policies, rules and guidelines posted on Platform constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION:
Your right to use the Platform automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Platform. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Platform, for any reason, with or without notice.
GOVERNING LAW AND JURISDICTION:
1. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
2. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
MISCELLANEOUS:
1. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
2. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Platform, such as a particular "Legal Notice," or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Platform.
3. You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
4. If, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
5. Any and all notices of Company will be served by email or by general notification on the Platform. Any notice provided to Company pursuant to the Terms should be sent to support@scrapzoo.com
6. No changes to these Terms shall be made except by a revised posting on this page
If you do not agree to these Terms, you should immediately cease using the Platform. The Terms will continue to apply until terminated by either You or Company as set forth under Clause 7. If You want to terminate Your use of the Services with Company, You may do so by (i) not accessing the Platform; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.