Terms and Conditions (Scrap Partner)

Definitions and legal references

This Website (or this Application): The property that enables the provision of the Service.

Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We): Green Horizon Solutions Pvt. Ltd - The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service: The service provided by this Website as described in these Terms and on this Website.

Terms: Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

Scrap Partner or Dealer or Vendor or User (or You): The natural person or legal entity that uses this Website or this IOS App or this Android App.

This document is an agreement between You and Green Horizon Solutions Pvt. Ltd.

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.

These Terms govern

  • the conditions of allowing the use of this website, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

Summary of what the User should know

  • Age restriction on usage of this Website and the Service: To access and use this Website and any of its Service the User must be an adult under applicable law.
  • Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.

Terms of use

Terms and conditions to ponder:

1) By agreeing to these Terms of Service, you represent that you/vendor are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website/Mobile Application.

2) To become a partner scrap pick up partner, you must be a full-time business, who can actively dedicate time to collect scrap waste as per the request of the customers. Negligence towards service may lead to instant disqualification. You must enroll with us as a full-time vendor & not as a part time. Submission of authorized Indian identification cards such as Aadhar card, Driving License, Pan card may be required for activation as our Service provider.

3) You may not use our online scrap service for any unlawful or unofficial purpose, nor may you, in the usage of the Service, interrupt or violate any firm laws in your jurisdiction (including but not limited to copyright laws).

4) A breach or defilement in the least of the Terms will result in an instant debarment or disqualification from the service.

All the protocols mentioned above is to rectify any glitch, which stops you from receiving a Technology friendly service. We hereby recommend you to follow the inclined instructions.

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

Pricing Policy for Scrap-pickup Partners

Subscription Tier

At ScrapJunky, we clearly mention our monthly subscription charge to our vendors before you sign up with us. A monthly service charge of Rs 500 is collected from the vendors for the technology service and business leads we provide. This subscription fee gives you leads worth upto Rs 20,000 every month – this limit is referred as Subscription Tier.

Upon activation of your ScrapJunky ID, the monthly subscription charge is mandatory with no claims for refunds. If a vendor wishes to discontinue after the ScrapJunky ID is generated, then no claims for refunds are acceptable.

Please note that the subscription tier charges have to be made at the beginning of the month. Last date of payment is the 7th of every month. A late fee of Rs 400 will be levied in case of delay.

Transaction Tier

Transaction fee of Rs 250(Plus Taxes) for every Rs 10,000 transaction is charged beyond the subscription tier limit every month in addition to the subscription tier charges.

Example:

Suppose, Ravi bought scrap worth Rs 49,000 in the month of May 2017, then the total amount this period will be Rs 1250.

Ravi pays us= 500(Plus taxes) subscription fee + 250(Plus taxes) + 250(Plus taxes)= Rs.1000(Plus taxes)

Explanation:

Rs 500 (Subscription tier fee) + (Rs 250x3 : Top-up tier fee)

Here, Rs 500(Plus taxes) is payed as subscription fee at the starting of the month which gives him leads of upto Rs 20,000.

At the end of the month, when the worth of the entire scrap is calculated, Ravi has to pay Rs 250x3 (=Rs 750) under topup tier for additional scrap of worth Rs 29,000 he purchased in the month of May 2017. This balance can be paid at the end of the month or during the month, but no later than the 7th day of the next month.

Please note that an additional late fee of up-to Rs 200(Plus taxes) can be levied for every Rs 250(Plus taxes) fee charged in the transaction tier.

Schedule of payment

Every month, the registered vendors are scheduled for payments within the first week of the month. The payment schedule starts from the date of registration of the ScrapJunky ID of the vendor. The charges are reflected in the vendor’s account in the vendor app for your convenience. The same can be confirmed from our customer support contact number reflected at the end of this document or on our contact us page.

Refund Policy for Scrap Pickup Partners

We accept Refund cases where following reasons apply -

1) In case, a scrap vendor has discrepancies with the invoice of transaction worth then the case is accepted and processed. If discrepancies are accurate enough for claim then the amount is refunded within a time duration of 60 days from the day of filing a written complaint in person or through email.

2) Only if there is a temporary malfunction of technical or software aspects from our end. We can accept requests for rectification here but not any assertions.

What we don’t accept?

1) We don’t accept any assertions from vendors if the case is about the refund of subscription fee. Subscription fee is non-refundable once the vendor's ScrapJunky ID is activated.

2) Assertions related to change of scrap price.

3) If any allegations are on the behalf of our transparent service offered to the customers.

3) In case a disciplinary action is taken against a vendor.

 Scrap Item Pricing

At ScrapJunky, we analyze the market and declare mandatory prices for vendors and businesses for a hassle free payment. The prices are updated frequently. If the prices are not acceptable then the Scrap Partners can chose not to “Accept” a request. 

If a request has been previously “Accepted” and on the scheduled date of pick up the Scrap prices have changed – they can contact ScrapJunky by calling us and request for pricing update. If the price change is not acceptable then the Scrap pick up partner can chose not to pick up the Scrap and let the request Expire.

Content on this Website

Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights regarding content on this Website - All rights reserved

The Owner reserves and holds all intellectual property rights for any such content.

Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party's terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Liability and indemnification

Indian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Information Technology Act 2008 (India) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User's use of and access to the Service, including any data or content transmitted or received by User;
  • User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;
  • User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User's violation of any statutory law, rule, or regulation;
  • any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User's wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as “force majeure” (e.g., labour actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.

Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.

The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.

Failure to accept the revised Terms may entitle either party to terminate the Agreement.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Thanks for purchasing our products (or subscribing to our services) at https://www.scrapjunky.com/ operated by Green Horizon Solutions Pvt. Ltd.

If you have any additional questions, feel free to contact us using the contact information below.

Green Horizon Solutions Pvt. Ltd.
Office No. 34, First Floor, Shangrila CHS, BPK Road, Near St. Mary's High School,
Mulund (W), Mumbai, Maharashtra 400080 India
Phone: +91-93214 95449
Email: support@scrapjunky.com