Terms of Use
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 OF LET'SCRAP SERIVCES ON ANY OF IT'S PLATFORM.
IF YOU DO NOT AGREE TO THESE TERMS, EXIT THE PAGE, APPS OR ANY OTHER LET'SCRAP PLATFORM AND DO NOT ACCESS OR USE THE PLATFORM.
Mobile ApplicationS with Name LET'SCRAP and website with domain name Letscrap.com, hereafter collectively referred Platform are owned and managed by LET'SCRAP, registered at Tower-6/11C, Bellevue, Sohna Road, Sector-48, Gurugram, Gurugram, Haryana, 122018.
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
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 LET’SCRAP issues a written acceptance of the Order, at which point the Contract shall come into existence.
1.3. It is at LET’SCRAP’s sole discretion whether to accept an Order. LET’SCRAP may cancel order in following conditions.
a) Service capacity is unavailable;
b) Customer order size is not meeting minimum business feasible size; LET’SCRAP 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 LET’SCRAP and any descriptions or illustrations set out on LET’SCRAP’s website or contained in any of LET’SCRAP’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 LET’SCRAP and the Customer for the sale of the Service.
1.5. A quotation for the Goods given by LET’SCRAP shall not constitute an offer and shall be subject to any conditions as to availability or otherwise as specified by LET’SCRAP.
1.6. No Order which has been accepted by LET’SCRAP may be cancelled by the Customer except with the agreement in writing of LET’SCRAP and on terms that the Customer shall indemnify LET’SCRAP in full against all loss (including loss of profit), charges and other expenses incurred by LET’SCRAP as a result of cancellation.
2. SERVICES
2.1 LET’SCRAP 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 LET’SCRAP may offer to users from time to time.
2.2 LET’SCRAP 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 LET’SCRAP on time to time basis.
2.4 LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP Services through a mobile device, Computer, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the LET’SCRAP Services, you agree that we may communicate with you regarding LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP and LET’SCRAP 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 trending rates.
3.2 For the goods sold from LET’SCRAP, the risk of loss Post-handover (post loading in truck), will be of Buyer. Title to the Goods shall not pass to the buyer until LET’SCRAP has received payment in full (in cash or cleared funds) for the Goods and all outstanding invoices have been paid by 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. LET’SCRAP gives no warranties, licences, consents or other authorisations in relation to any Software and the Customer warrants to LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP as a result of or in connection with:
a) any claim made against LET’SCRAP 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 LET’SCRAP 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
5.1 LET’SCRAP is the sole owner or lawful licensee of all the rights to the LET’SCRAP’s Intellectual Property. LET’SCRAP’s Intellectual Property not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The LET’SCRAP’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 LET’SCRAP Services and its content shall remain with LET’SCRAP, its affiliates at all times or licensor’s of LET’SCRAP’s content, as the case may be.
5.2 All rights not otherwise claimed under this agreement or by LET’SCRAP, are hereby reserved. The information provided in LET’SCRAP Services is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. LET’SCRAP 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 LET’SCRAP 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.
5.3 We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information in LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP Services must hereby acknowledge that any reliance upon any content shall be at their sole risk.
5.4 LET’SCRAP 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.
5.6 LET’SCRAP 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 LET’SCRAP 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. LET’SCRAP is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, LET’SCRAP is not endorsing a claim of infringement. Neither, in those instances in which LET’SCRAP declines to take down a listing, is LET’SCRAP determining that the listing is not infringing, nor is LET’SCRAP endorsing the sale of goods in such cases.
5.7 LET’SCRAP 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 LET’SCRAP website (the “LET’SCRAP 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 LET’SCRAP, or otherwise commercially exploiting the LET’SCRAP content. Systematic retrieval of LET’SCRAP 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 LET’SCRAP is prohibited.
5.8 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 LET’SCRAP’s services, you agree that you will not use the LET’SCRAP Services to infringe the intellectual property rights of others in any way. LET’SCRAP 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 LET’SCRAP service, or if LET’SCRAP believes that user(s) conduct is harmful to the interests of LET’SCRAP, its affiliates, or other users, or for any other reason in LET’SCRAP’s sole discretion, with or without cause.
6. LINKS TO THIRD PARTY WEBSITES
6.1 Links to third party website are provided by LET’SCRAP as a convenience to user(s) and LET’SCRAP has not have any control over such websites i.e. content and resources provided by them.
6.2 LET’SCRAP 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. LET’SCRAP believes that user(s) acknowledge that LET’SCRAP has no control over such third party’s website, does not monitor such Websites, and LET’SCRAP 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
6.3 Users can have their catalog built & hosted on LET’SCRAP website by paying a fee as per the plan.
7. TERMINATION
7.1 Most content and some of the features of the LET’SCRAP Services are made available to visitors free of charge. However, LET’SCRAP reserves the right to terminate access to certain areas or features of the LET’SCRAP Services (to paying or registered users) at any time for any reason, with or without notice. LET’SCRAP 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 LET’SCRAP and/or other visitors. LET’SCRAP reserves the right to limit, deny or create different access to the LET’SCRAP Services and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
7.2 LET’SCRAP 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 LET’SCRAP, 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 LET’SCRAP Services.
(c) Utilize LET’SCRAP 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 LET’SCRAP Services data base, network or related services.
If LET’SCRAP terminates user(s) membership, user(s) will not have the right to re-enroll or join LET’SCRAP under a new account or name unless formally invited to do so by LET’SCRAP. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the LET’SCRAP Services wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the LET’SCRAP Services be liable to the user(s) or any third parties for any inability to use the LET’SCRAP Services (whether due to disruption, limited access, changes to or termination of any features on the LET’SCRAP 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 LET’SCRAP 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 LET’SCRAP’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 LET’SCRAP if prices on respective date are higher or lower.
8.2. LET’SCRAP 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 LET’SCRAP’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 LET’SCRAP 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. LET’SCRAP may invoice the Customer for the Goods on or at any time after the completion of delivery. Where credit terms have not been agreed, Performa 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 LET’SCRAP pay the invoice in full and in cleared funds in accordance with the terms of LET’SCRAP’s invoice. Payment shall be made to the bank account nominated in writing by LET’SCRAP. Time of payment is of the essence.
8.7. If the Customer fails to make any payment due to LET’SCRAP under the Contract by the due date for payment (“due date”), then without limiting LET’SCRAP’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 LET’SCRAP in order to justify withholding payment of any such amount in whole or in part. LET’SCRAP 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 LET’SCRAP to the Customer.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1. Nothing in these Conditions shall limit or exclude LET’SCRAP’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 LET’SCRAP to exclude or restrict liability.
9.2. Subject to condition 9.1:
a) LET’SCRAP 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) LET’SCRAP’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. LET’SCRAP 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 LET’SCRAP and the owners of the Third-Party Trademarks and does not signify or imply that LET’SCRAP 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. LET’SCRAP gives no warranty and makes no representation that any Third-Party Products displayed on its website or sold by LET’SCRAP have been placed for purchase/sale in the India. For the avoidance of doubt, LET’SCRAP 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 LET’SCRAP use reasonable efforts to ensure that it is accurate. However, LET’SCRAP 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. LET’SCRAP 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, 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; 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 LET’SCRAP.
c) The provisions of this condition 11.2 shall not apply to the service of any proceedings or other documents in any legal action.
12. 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.
13. 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.
13.1. Third party rights. A person who is not a party to the Contract shall not have any rights under or in connection with it.
13.2. 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 LET’SCRAP.
13.3. 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.
14. Donation to NGO
14.1 LET'SCRAP has MoU signed with NGO.
14.2 LET'SCRAP holds the responsiblity to transfer funds to NGO for the order puchase value for which customer opts for donation of the recycleable value to NGO.
14.3 Letscrap will disburse fund to NGO against the orders received with payment option of ‘donate to NGO’
14.4 Payment option of ‘donate to NGO’ is subject to technical development in apps and process of disbursal will initiate for other received post technical development on Letscrap app.
14.5 Payment to NGO will be released on the basis of actual pick up value. Order value may differ from actual pick value. Individual item level price may also vary on time to time basis. Value of actual picked material shall be considered for payment to NGO.
14.6 Payment term with NGO is agreed between both parties (NGO and LET'SCRAP) under an MoU.