Privacy Policy

Privacy Policy

LET’SCRAP (the “Company”, “we”, “LET’SCRAP”, or “us”) respect your privacy and it’s committed to protecting it through its compliance with its privacy policy. We created this Software privacy policy (“Privacy Policy”) to give you confidence as you use the Software, and to demonstrate our commitment to the protection of any personal information we hold. By merely visiting the Sites, you are accepting the terms and condition set forth in this Privacy Policy. If you do not agree with this Privacy Policy, you are not permitted to use the Sites.

  1. the types of information that LET’SCRAP may collect from you when you access or use its websites, applications and other online services (collectively, referred as "Services"); and
  2. its practices for collecting, using, maintaining, protecting, sharing and disclosing that information.

If you reside in any other part of the world, LET’SCRAP, registered at Tower-6/11C, Bellevue, Sohna Road, Sector-48, Gurugram, Gurugram, Haryana, 122018, India will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

LET’SCRAP is responsible for the collection, use, disclosure, retention, and protection of your personal information in accordance with its privacy policy as per country’s laws. LET’SCRAP may transfer data to other subsidiaries of the same group. LET’SCRAP may process utilize and retain your personal information on its servers/ storage devices (self-controlled or 3rd party with contractual relationship) devices within and outside India.

DEFINITIONS

Unless otherwise provided in this Privacy Policy, the terms capitalized in the Privacy Policy shallhave the meaning as provided hereunder:

  1. “Associated Services” shall have the meaning as below.

o    Certain aspects of the Services may be provided to you in association with third parties (“Associated Services”) such as sponsors and charities etc, and may require you to disclose Protected Information to them. Such Associated Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you shall have deemed to consent to providing your information to both us and the third party. Further, if you sign-in to a assocated Service with a username and password obtained through our Services, your Protected Information may be disclosed to the identified third parties for that Associated Service and will be subject to their posted privacy policies.

  1. “Device” shall mean Mobile, computer or other device used to access our Services.  
  2. “Device Identifier” shall mean IP address or other unique identifier for the Device.
  3. “Mobile Application” shall mean application provided by us on the Device to access the Services.
  4. “Mobile Device Information” shall have below meaning assigned.
  5. “Promotion” shall mean any marketing contest and other promotions offered by us.
  6. “Protected Information” shall mean such categories of information that could reasonably be used to identify you personally, including your name, e-mail address, and mobile number.
  7. “Usage Information” shall have below meaning.

 

 

The information provided by you or collected by us:

We may ask you to provide us with certain Protected Information. We may collect this information through various means and in various places through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. When you sign up to use the Services, you create a user profile. We shall ask you to provide only such Protected Information which is for lawful purpose connected with our Services and necessary to be collected by us for such purpose. The current data fields that might be requested for are:

  1. Full name
  2. Email
  3. Password
  4. Address
  5. Mobile phone Number
  6. Zip Code

Apart from Protected Information or other information that you choose to submit to us, we may collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. In addition, we collect your Device Identifier for your Device. A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier.

1.       In case of booking via call center, LET’SCRAP may record calls and chat histories for quality and training purposes.

2.       Tracking information is collected as you navigate through our Services, including, but not limited to geographic areas.

3.       For referrals to our services, we will be collecting and storing such contact information (name and phone number) to get in touch with your contacts, to promote our services.

4.       If you create order on behalf of other from your contact list using the Services, we will be collecting and storing such contact information

5.       Usage Information may be collected using a cookie. If you do not want information to be collected through the use of cookies you can disable cookies. The Company cannot control the use of cookies by third parties, and use of third party cookies is not covered by our Privacy Policy.

Our Services are primarily provided through the Mobile Application. We may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.

When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), in addition to the Device Information, including without limitation:

  1. Your location (if applicable)
  2. Your preferred language
  3. Device information like manufacturer and model
  4. Device Operating system
  5. The type of mobile internet browsers you are using
  6. Your Geo-location (Latitude &  Longitude)
  7. Information about how you interact with the Mobile Application and websites to which the Mobile Application links, such as how many times you use a specific part of the Mobile Application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application Information to allow us to personalize the services and content available through the Mobile Application
  8. Data from text messages upon receiving Device permissions for the purposes of (i) issuing and receiving one time passwords and other device verification, and (ii) automatically filling verification details during financial transactions, either through us or a third-party service provider, in accordance with applicable law. We do not share or transfer text message data to any third party other than as provided under this Privacy Policy.

Information collected by 3rd party service providers:

LET’SCRAP may have advertised 3rd party services/ products on its website or mobile application. You will have to check Privacy policy of respective 3rd party before visiting/ utilization their services.

 

Children’s Privacy:

LET’SCRAP is unable to prevent children under the age of thirteen (13) from visiting this Website; however, no part of our Website is directed at or intended for persons under the age of thirteen (13). If you are under the age of thirteen (13), please do not access the Website at any time or in any manner. In order to comply with the Children's Online Privacy Protection Act, LET’SCRAP will not knowingly collect personally identifiable information from children under the age of thirteen (13). If, at any time, LET’SCRAP learns or gains knowledge that personally identifiable information has been collected from person(s) under the age of thirteen (13) without verified parental consent, LET’SCRAP will take the appropriate steps to delete such information.

The information we collect and how we use it

LET’SCRAP ("LET’SCRAP," the "Company," "we," "us," and "our”) use the information we collect from and about you for a variety of purposes, including to:

  1. Administer our Services and diagnose technical problems.
  2. Process and respond to your queries
  3. Understand our users (uses of Services, liked features, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers.
  4. Send you communications that you have requested or that may be of interest to you by way of emails, or courier, or registered post, or telephone calls, or any other mode of communication. We may also share your preferences or the Services availed by you with your network followers on LET’SCRAP for marketing and other promotional activities of our Services.
  5. Send you questions from other users that you may be able to answer if you have registered with LET’SCRAP.
  6. Enable us to show you ads that are relevant to you.
  7. Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
  8. Administer contests and sweepstakes.
  9. Provide you with customer support.
  10. Provide you with policies about your account.
  11. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  12. Notify you about changes to our Services.
  13. Allow you to participate in interactive features offered through our Services.
  14. In any other way we may describe when you provide the information.
  15. For any other purpose with your consent.

We may also use your information to contact you about our own and third-party goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data and/or adjust your user preferences in your account profile.

We may use the information we have collected from you to enable us to display advertisements to our advertisers'/service providers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Data Storage and Security

LET’SCRAP makes reasonable efforts to ensure that our Internet service providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet service providers who perform legitimate business functions for LET’SCRAP are authorized to access your personal information. Notwithstanding our efforts, the Internet has inherent security risks. LET’SCRAP cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on our Sites.

Third-party websites:

This Privacy Statement does not address, and we are not responsible for, the privacy practices of any third parties, including those that operate websites to which this Site links. The inclusion of a link on this Site does not imply that we or our affiliates endorse the practices of the linked website.

Data Security:

We use reasonable organizational, technical, and administrative measures to protect data under our control. Unfortunately, no data transmission over the internet or data storage system can be guaranteed to be 100% secure. If you feel that the security of any data that we hold about you has been compromised, please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.

Information Sharing:

We share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data and Location Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis.

We may occasionally provide the Services in partnership with your local government. By using the Software and Services and providing us with Personal Information, you consent to our sharing of Demographic Data and Location Data with your local government.

We also share Personal Information with our business partners who assist us by performing core services related to our operation of the Software. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Personal Information to carry out their specific business obligations to Municipal Media and to provide your requested services. We may also transfer information about you to third parties in connection with a merger, sale or acquisition by or of Municipal Media.

We may share your Contact Data, Demographic Data, and Location Data with third party service providers to facilitate seamless integration of different software components. For example, we may share your user name and password information with such third party software providers to avoid the need for you to log in to multiple accounts in the course of using a single website or application. In some cases, third party software providers may have provided us with Personal Information that you shared with them, also for the purpose of facilitating seamless integration of different software components.

Confidentiality:

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of Municipal Media or another party; (3) enforce our Terms of Use; or (4) respond to claims that any posting or other content violates the rights of third-parties.

 

General Information and Privacy Support Contact:

LET’SCRAP may revise this Agreement, in its sole discretion, at any time by posting the amended Privacy Policy on this Website. For your convenience, the date of last revision has been included at the top this page. By using the Website after we post any changes to this Privacy Policy, you agree to accept those changes, whether or not you have reviewed them. Your continued use of the Website after changes have been posted will constitute your acceptance of such changes. If you have questions or comments about our efforts to protect your personal privacy, or if you require additional information about LET’SCRAP’s privacy commitment, please contact us at info@letscrap.com

Analytics and Advertising Services Provided By Others:

We may allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services.

 

Cookies:

1.       “Cookies” are computer files that are placed on your computer by a website. In these files various pieces of information can be stored, from user identification and preferences to activities conducted while browsing the website. You may block cookies or delete cookies from your computer if you wish but must do so at your own cost and responsibility. If you do block or disable cookies, and you are accessing the Software through a website, then you may not have access to the entire set of features of our Software.

2.       Generally, we use “cookies” to customize your experience on our website and to store your password so you do not have to re-enter it each time you visit the website.

3.       We do not link the information stored in these cookies directly to any of your Personal Information you submit while using the Software.

 

Social Media Features:

The Services may integrate with certain social media platforms which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such platforms enables the sharing of information with your friends or the public, depending on your settings with the applicable social media platform. Please refer to the privacy policies of those social media platforms for more information about how they share the data you provide to or share through them.

 

Account Information:

You may update or correct information about yourself at any time by logging into your account. If you wish to cancel your account, please delete our app and email us at info@letscrap.in. In some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. The first time you provide us with registration information through our Sites, you may be offered the opportunity to subscribe to and receive additional information about our products and services. Each commercial e-mail that we send to you will offer you the opportunity to opt-out of continuing to receive such messages. In some instances, we may have already shared your information with one of our authorized third parties before you changed your information preferences, and you may briefly continue to receive e-mail even after you have opted out.


DEFINITIONS

Terms of Use

PLEASE READ THE TERMS AND CONDITION CAREFULLY. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE 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. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. THESE TERMS & CONDITIONS SHALL BE BINDING UPON USERS AND MEMBERS OF THE KABADIWALA’S WEBSITE & KABADIWALA’S SERVICES.

IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE PLATFORM.

 

Mobile Application with Name Letscrap and website with domain name Letscrap.com, hereafter collectively referred ‘ Platform’ are owned and managed by Letscrap Pvt Limited, registered at  19, Paras Trinity, Sector 62, Gurgaon, India - 122005.

 

Conditions: the terms and conditions set out in this document as amended from time to time in accordance.

Contract: the contract between Letscrap and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

Customer: the person or firm who uses the services from Letscrap Private Ltd.

Data: any personal, sensitive, confidential, open or other data stored within any part of the Service.

 

 

1.  BASIS OF CONTRACT


1.1.   These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.2.   The Order constitutes an offer by the Customer to utilize service in accordance with these Conditions. The Order shall only be deemed to be accepted when Letscrap Private Ltd issues a written acceptance of the Order, at which point the Contract shall come into existence.

1.3.   It is at Letscrap’s sole discretion whether to accept an Order. Letscrap may cancel order in following conditions.

 a)   Service capacity is unavailable;

b)   Customer order size is not meeting minimum business feasible size; Letscrap will have sole discretion to reject such order.

c)   the Customer’s placed too many orders.

d)    there has been a mistake on the pricing or description of the Goods.

1.4.  The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of  which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by Letscrap and any descriptions or illustrations set out on Letscrap’s website or contained in any of Letscrap’s other marketing materials are issued or published for the sole purpose of giving an approximate idea of the Service described in them. They shall not form part of the Contract or any other contract between Letscrap and the Customer for the sale of the Service.

1.5. A quotation for the Goods given by Letscrap shall not constitute an offer and shall be subject to any conditions as to availability or otherwise as specified by Letscrap.

1.6. No Order which has been accepted by Letscrap may be cancelled by the Customer except with the agreement in writing of Letscrap and on terms that the Customer shall indemnify Letscrap in full against all loss (including loss of profit), charges and other expenses incurred by Letscrap as a result of cancellation.

 

2. SERVICES


2.1 Letscrap deals into scrap industry, wherein company provide services like including but not limiting to (i) providing an online venue for its customer to negotiate/interact for buying/ selling various goods and services listed on the Platform and potentially increase their business by providing third party’s goods and services at competitive prices and enabling its members to potentially increase business efficiencies; (ii) collecting User information; (iii) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”) and (iv) any specialty or additional services as Letscrap may offer to users from time to time.

2.2 Letscrap deals into providing digital platform for smooth enabling digital transaction for Pick up, logistic, consolidation, auction, and disposal of scrap such as metal, plastic, paper, Glass and e-waste among others for its associated members/ customers.

2.3 It provides its visitor an online platform that allows the users to sell/ buy directly and execute deals which are offered by Letscrap on time to time basis.

2.4 LETSCRAP is not manufacturing/producing/designing the products and/or services purchased by the User(s) via the Platform or neither does give any warranty and representation about the authenticity and quality of the product/service. All transactions shall be the responsibility of the Customers only. This Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between LETSCRAP and other party.

2.5 For our pickup service, you must have to provide your accurate information like name, address, mobile number, etc. Your pickup will be held on the scheduled date as provided by you while submitting the request. You can reschedule or cancel your pickup request any time after submitting your request. You must have 15Kg or more scrap for pickup, otherwise pickup charges may apply. Rate of all material are fixed as mentioned on our price list. For the rates of other materials that are not listed on the list then you can contact us. If there are any unforeseen circumstances, we can also reschedule your pickup request to other working day.

 

2.6 Letscrap shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide Letscrap with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods/ Services.


2.7 For Buyer service, Buyer shall be required to register on platform and participate in auction. Rules of auction shall be updated in SOW (scope of work). Rules shall be binding in nature.
 

2.8 To the extent you access the Letscrap Services through a mobile device, Computer, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the LETSCRAP Services, you agree that we may communicate with you regarding Letscrap Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the LETSCRAP Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of Letscrap and Letscrap owes no responsibility to provide you any information regarding such change.

 

 

3. TITLE AND RISK

3.1   For Seller Risk loss of the Goods post pick up, shall not be responsibility of Seller. Loss of good post pick up shall have adjustment in payout to picker in accordance to tranding rates.

3.2  For Buyer Risk of loss Post-handover (post loading in truck), will be of Buyer. Title to the Goods shall not pass to the Customer until Letscrap has received payment in full (in cash or cleared funds) for the Goods and all outstanding invoices have been paid by the Customer. For the avoidance of doubt, Letscrap does not purport to transfer title or any other rights to or in the Software or any of the Data to the Customer.

 

 

4.   SOFTWARE AND DATA


4.1.   The Customer acknowledges that the Goods/ Services are pre-owned and as such it is likely that certain items of Software and/or Data may be embedded within the Goods especially in e-waste.

4.2.   Letscrap gives no warranties, licences, consents or other authorisations in relation to any Software and the Customer warrants to Letscrap that it shall independently obtain all necessary licenses before using any Software and it shall promptly delete any Data which it is not authorised to use or process.

4.3.   The Customer shall keep Letscrap indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by Letscrap as a result of or in connection with:

a)   any claim made against letscrap for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with any use of the Software following delivery of the Goods to the Customer;

b)   any claim made against Letscrap for actual or alleged breach of the provisions of the Applicable Data Protection Laws or other confidentiality obligation by the use, disclosure or processing of any Data following delivery of the Goods to the Customer.

 

5. INTELLECTUAL PROPERTY RIGHTS

 

•  LETSCRAP is the sole owner or lawful licensee of all the rights to the LETSCRAP’s Intellectual Property. LETSCRAP’s Intellectual Property not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The LETSCRAP’s content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights used in the LETSCRAP Services and its content shall remain with LETSCRAP, its affiliates at all times or licensor’s of LETSCRAP’s content, as the case may be.

•  All rights not otherwise claimed under this agreement or by LETSCRAP, are hereby reserved. The information provided in LETSCRAP Services is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. LETSCRAP does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from LETSCRAP website or otherwise (including through mobile application), or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

•  We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information in LETSCRAP Services is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall LETSCRAP be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this LETSCRAP Services must hereby acknowledge that any reliance upon any content shall be at their sole risk.

•  LETSCRAP reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.

•  LETSCRAP is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace or otherwise – who post numerous trade leads for items on the LETSCRAP website or otherwise – have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. LETSCRAP is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, LETSCRAP is not endorsing a claim of infringement. Neither, in those instances in which LETSCRAP declines to take down a listing, is LETSCRAP determining that the listing is not infringing, nor is LETSCRAP endorsing the sale of goods in such cases.

•  LETSCRAP respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the LETSCRAP website (the “LETSCRAP content”) for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with LETSCRAP, or otherwise commercially exploiting the LETSCRAP content. Systematic retrieval of LETSCRAP content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) without written permission from LETSCRAP is prohibited.

•  In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of LETSCRAP’s services, you agree that you will not use the LETSCRAP Services to infringe the intellectual property rights of others in any way. LETSCRAP reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the LETSCRAP service, or if LETSCRAP believes that user(s) conduct is harmful to the interests of LETSCRAP, its affiliates, or other users, or for any other reason in LETSCRAP’s sole discretion, with or without cause.

 

6. LINKS TO THIRD PARTY WEBSITES

•  Links to third party website are provided by LETSCRAP as a convenience to user(s) and LETSCRAP has not have any control over such websites i.e. content and resources provided by them.

•  LETSCRAP may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s Services. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using such Websites in order to be aware of the terms and conditions of your use of such websites. LETSCRAP believes that user(s) acknowledge that LETSCRAP has no control over such third party’s website, does not monitor such Websites, and LETSCRAP shall not be responsible or liable to anyone for such third party Website, or any content, products or services made available on such a website

•  Users can have their catalog built & hosted on LETSCRAP website by paying a fee as per the plan.

 

7. TERMINATION

•  Most content and some of the features of the LETSCRAP Services are made available to visitors free of charge. However, LETSCRAP reserves the right to terminate access to certain areas or features of the LETSCRAP Services (to paying or registered users) at any time for any reason, with or without notice. LETSCRAP also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of LETSCRAP and/or other visitors. LETSCRAP reserves the right to limit, deny or create different access to the LETSCRAP Services and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

•  LETSCRAP withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:

 

(a) If it concludes that the user(s) have provided any false information in connection with the member account to LETSCRAP, or are engaged in fraudulent or illegal activities.

(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of LETSCRAP Services.

(c) Utilize LETSCRAP Services to send spam messages or repeatedly publish the same product information.

(d) Post any material to members that are not related to trade or business cooperation.

(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form

(f) Any unauthorized access, use, modification, or control of the LETSCRAP Services data base, network or related services.

 

If LETSCRAP terminates user(s) membership, user(s) will not have the right to re-enroll or join LETSCRAP under a new account or name unless formally invited to do so by LETSCRAP. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the LETSCRAP Services wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the LETSCRAP Services be liable to the user(s) or any third parties for any inability to use the LETSCRAP Services (whether due to disruption, limited access, changes to or termination of any features on the LETSCRAP Services or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the LETSCRAP Services or any of its features.

 

8.   PRICE AND PAYMENT


8.1.   The price of the Goods/Service shall be the price set out in the Order, or, if no price is quoted, the price set out in Letscrap’s published price list in force as at the date of delivery. Any delay in goods handover may have impact on prices with sole discretion of Letscrap if prices on respective date are higher or lower.

8.2.   Letscrap may, by giving notice to the Customer at any time up to 2 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

a)   any factor beyond Letscrap’s control (including foreign exchange fluctuations and increases in taxes and duties);

b)   any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or

c)   any delay caused by any instructions of the Customer or failure of the Customer to give Letscrap adequate or accurate information or instructions.

8.3. The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be paid by the Customer when it pays for the Goods.

8.4. The price of the Goods is inclusive of amounts in respect of value added tax (“GST”).

8.5. Letscrap may invoice the Customer for the Goods on or at any time after the completion of delivery. Where credit terms have not been agreed, proforma invoices will be raised at point of order.

8.6. The Customer shall unless otherwise agreed in writing,  within 30 days of receipt of a valid invoice from Letscrap pay the invoice in full and in cleared funds in accordance with the terms of Letscrap’s invoice. Payment shall be made to the bank account nominated in writing by Letscrap. Time of payment is of the essence.

8.7. If the Customer fails to make any payment due to Letscrap under the Contract by the due date for payment (“due date”), then without limiting Letscrap’s remedies under these conditions, the Customer shall pay interest on the overdue amount at the rate of  4% per annum above the RBI’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.  Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount. Debt recovery costs may be implemented in line with prevailing legislation.

8.8. The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Letscrap in order to justify withholding payment of any such amount in whole or in part. Letscrap may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by Letscrap to the Customer.

 

9.   DISCLAIMER AND LIMITATION OF LIABILITY


9.1.  Nothing in these Conditions shall limit or exclude Letscrap’s liability for:

a)   death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

b)   fraud or fraudulent misrepresentation; or

c)   any matter in respect of which it would be unlawful for Letscrap to exclude or restrict liability.

9.2. Subject to condition 9.1:

a)   Letscrap shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or direct loss of profit or for any indirect or consequential loss arising under or in connection with the Contract; and

b)   Letscrap’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 100% of the price of the Goods.

9.3. The Customer acknowledges and agrees that the exclusions and limitations set out in these Conditions are reasonable given that the Goods are used / pre-owned and that this is reflected in the price of the Goods.

9.4. Letscrap website lists products that are manufactured and designed by third parties (“Third-Party Products”).  The corresponding trademarks including any logos and icons in respect of those Third-Party Products (“Third-Party Trademark”) remain the property of the relevant third party. TXO Systems Limited’s use of Third-Party Trademarks in connection with the Third-Party Products does not indicate any sponsorship, relationship or endorsement between Letscrap and the owners of the Third-Party Trademarks and does not signify or imply that Letscrap is authorised by the relevant owner of the Third-Party Trademark to display or offer the relevant Third-Party Product for sale in the UK, European Economic Area or any other jurisdiction.

9.5. Letscrap gives no warranty and makes no representation that any Third-Party Products displayed on its website or sold by Letscrap have been placed for purchase/sale in the India. For the avoidance of doubt, Letscrap shall not be liable for any losses including loss of profit, loss of sales, loss of revenue, loss of business, business interruption, or loss of business opportunity, loss of goodwill or reputation or for any indirect or consequential loss or damage that the Customer may incur as a result of or in connection with its purchase and/or any subsequent use of or dealing with any Third-Party Product that has not been not been sold in the India

9.6. You acknowledge that information or any other content on the website provided by us is provided for general information purposes only. The website does not, and it is not intended to constitute technical, financial, or legal advice or any other type of advice and should not be relied upon for any purposes.

9.7. The information on the website is provided in good faith and Letscrap use reasonable efforts to ensure that it is accurate. However, Letscrap make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

9.8. Letscrap do not guarantee that its website will be secure or free from bugs or viruses. The Customer is responsible for configuring its own information technology, computer programmes and platform to access the website.

 

10.  FORCE MAJEURE

10.1.   For the purpose of these terms and conditions “Force Majeure” means any event(s) or circumstance(s) beyond the reasonable control of either party which hinders, prevents, or impedes the due performance of the obligations of such party and which by the exercise of all reasonable diligence such party is unable to prevent including, 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 (for the avoidance of doubt, the parties agree that epidemic or pandemic includes Covid) 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 or the acts, decrees, legislation, regulations or restrictions of any government, provided that the mere shortage of labour materials equipment or supplies shall not constitute Force Majeure.

10.2.   If either party is hindered, prevented or impeded from or in performing its obligations under the Contract by reason of Force Majeure it shall promptly give notice to the other party stating the circumstances constituting Force Majeure and the extent thereof. The obligations of the parties shall thereupon be suspended for so long as the circumstances of Force Majeure may continue and neither party shall be liable to the other for breach or failure to perform its obligations under the Contract if it is unable to do so under the circumstances of Force Majeure. A party affected by Force Majeure shall use every reasonable effort to minimise the effects of Force Majeure and shall promptly resume performance of its obligations as soon as is reasonably possible after removal of the circumstances of Force Majeure. In the event that the cause continues for more than 6 months either party may terminate this agreement on 30 days’ notice.

11   Notices.

a)   Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this condition 11.2a), and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax or e-mail.

b)   A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in condition 11.2a);if sent by pre-paid first- class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after Letscrap.

c)   The provisions of this condition 11.2 shall not apply to the service of any proceedings or other documents in any legal action.

11.2.   Severance.

a)   If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

b)   If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.3.   Waiver. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

11.4.   Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.

11.5.   Variation. Any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Letscrap.

11.6.   Governing law and jurisdiction. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Indian law, and the parties irrevocably submit to the exclusive jurisdiction of the High Court of Haryana State, India.