The Agreement, inter alia, provides the terms that govern your access to use (i) COMPANY’s App called Scraplan (“App”), and (ii) avail any service(s) that may be provided by the COMPANY from time to time through the App
You hereby understand and agree that the Agreement forms a binding contract between the COMPANY and anyone who downloads, accesses, browses, or uses the Services provided on the App in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you are advised not to proceed with using the App or using the Services. The terms contained in this Agreement shall be accepted without modification. Your use of the Services would constitute acceptance of the terms of the Agreement.
Throughout this document, "we", "us", "our", "ours" or " COMPANY " refer to M/s Clutter Cart Recycling Private Limited and 'you' or 'your' refers to you (i.e., the User).
The COMPANY on the App offer services which may include services such as to buy/sell or facilitate buying/selling of almost all type of home, office or industrial scrap such as ferrous and non-ferrous metals, stainless steel, aluminum, general waste, paper, cardboard, plastics, wood, electrical waste, building/construction waste, cable wiring, copper scrap, other scrap material etc. at the specified rates or any other service that may be offered by the COMPANY on the App (hereinafter individually, and collectively, known as the “Services”).
1] ELECTRONIC COMMUNICATION
Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to the COMPANY that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platform/App under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products/Services, on behalf of the minor User. Should the COMPANY be made aware that a User is under the age of 18 and is using/browsing the App without the supervision of his/her parent or legal guardian then the COMPANY reserves the right to deactivate such User’s account without further notice.
If you are using the App on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Images of people, places and/or products posted on this App are either the property of the COMPANY or our licensors. Unless otherwise noted, all content included on this App, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “SCRAPLAN Content”) is the property of the COMPANY or its licensors, or affiliates and is protected by law. The compilation of this App is the exclusive property of the COMPANY and is protected by law. Any unauthorized use of any content or materials on this App is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this App only with our prior written and express authorization.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this App are proprietary to the COMPANY, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of the COMPANY, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the App.
5] LIMITED LICENSE AND APP ACCESS
We grant you a limited license to use the App. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this App or any of the contents of this App; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this App not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this App (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the App or to collect any information from the App or any other user of the App.
6] PROCESS AND PAYMENTS
Process:- Once an Order is placed by the User, we shall schedule a pick up of the materials/items and at the time of pick up, our Pickup partner shall process and weigh the materials/items and if the same is in conformity with the details of the Order placed, the COMPANY shall process the payment.
Payment:- The COMPANY shall make payment to the User within one to Twelve hours from the time of successful pick up by our Pickup partner. The payment shall be directly credited to the Bank Account furnished by the User.
If you subscribe/take/purchase any of the membership/subscription, products, etc., you will be responsible for paying any taxes as applicable.
8] CANCELLATION BY COMPANY
The COMPANY reserves the right to cancel any order placed by the User. The COMPANY may normally cancel an Order, if the pickup address is not accessible to the pickup partners etc.
All the services included on or otherwise made available to you by the COMPANY through the App or otherwise are provided without any representation or warranties, express or implied except otherwise specified in writing.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
13] USE OF THE APP
You agree to use the App only for its intended purpose. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the App are prohibited. You may not:
14] ON LIABILITY
Released Parties Defined:- “Released Parties” include the COMPANY and its affiliates, officers, employees, agents, partners, licensors etc.
You expressly understand and agree that the Released Parties will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the COMPANY has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the App; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the App; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the App; (v) your reliance on content made available by us; or (vi) any other matter relating to the App. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, the released parties’ maximum liability arising out of or in connection with the App or your use of SCRAPLAN content, regardless of the cause of action (whether in contract, tort, or otherwise), will not exceed INR 1,000/-.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any SCRAPLAN Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
15] FORCE MAJEURE
The COMPANY will not be responsible for failure to perform in a timely manner under the Agreement when its failure results from events beyond its reasonable control (an event of “Force Majeure”), including acts of God, epidemics, acts of war whether declared or undeclared, blockades, labour disputes (whether of the COMPANY’s employees or the employees of others) etc. In the event of Force Majeure, the time for performance will extend for such time as reasonably necessary to enable the COMPANY to perform.
16] DISPUTE RESOLUTION
These Terms and the relationship between you and the COMPANY shall be governed by the laws of India without regard to its conflict of law provisions. You and the COMPANY agree that all disputes will be subject to arbitration at Bengaluru, Karnataka in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. That you and the COMPANY hereby expressly and irrevocably attorn to the jurisdiction of the courts of Bengaluru with respect to any matter or claim, suit, action or proceeding arising under or related to this Agreement. You covenant not to sue the COMPANY in any other forum.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this App, and to block or prevent future access to and use of this App for any reason or no reason. Upon termination, these Terms will still apply.
18] CESSATION OF OPERATION
The COMPANY may at any time, in its sole discretion and without advance notice to you, cease operation of the App and membership/subscription.
19] WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. Your use of our App constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its latest terms.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
22] GRIEVANCE OFFICER
In accordance with IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Mr Chethan
Ph. No.: 7975855793