INTRODUCTION
This document is an electronic record, in form of an electronic contract, as
per the Information Technology Act, 2000 and rules made thereunder (as amended from time to time)
and does not require any physical or digital signature.
This Website www.https://oldacbuyerschennai.com/ (“Website”) is owned,
maintained, and operated by Attero Recycling Private Limited (“We”,
“Our” “Us”), Chennai, Tamil Nadu 600078. For the purpose of these Terms and Conditions, wherever the context so requires “You” or “Your”
or “Yours” shall mean any natural or legal person who accesses or uses Our Website.
We understand that, selling used electronic or electrical products can be a
hassle, which is why through this Website, We provide You an online platform to sell Your used
electronic or electrical products, conveniently and effortlessly from the comfort of Your home or
office.
These Terms and Conditions govern Your access and usage of Our Website. By
accessing or using Our Website, You agree to be bound by these Terms and Conditions. We may modify
the Terms and Conditions from time to time, with or without issuing You a notice. Your continued
access or usage of this Website signifies Your acceptance of the updated Terms and Conditions. We
request You to kindly check this webpage periodically to review the most current version of the
Terms and Conditions. You also agree to be bound by Our policies, including but not limited to
Privacy Policy, Shipping Policy and Cancellation Policy or Our any other policies or guidelines
which may be updated from time to time.
Please read these Terms and Conditions and the Privacy Policy carefully before
using Our Website. If You do not agree with these Terms and Conditions, then You may not use this
Website or avail any of its services. Without any notice, We may modify the contents or suspend the
operations of the Website for support or maintenance purpose, or for other reason, at any time.
ACCOUNT REGISTRATION AND OBLIGATIONS
-
User Account:
In order to sell Your used electronic or electrical products and/or
avail Our services, You have to first create Your account by registering on Our Website.
Please note that, We do not charge any fee from You for browsing Our Website, or creating an
account, or availing any services of Our Website. You can create an account on Our Website
through Your registered phone number and the one time password (OTP). Following Your
successful registration, an account will be created by Us for You. Once an account is
created, You can change, update or edit Your Personal Information as and when required.
By creating an account with Us, You represent and Warrant that: (a)
You are at least 18 years old and have legal capacity to enter into a binding agreement; (b)
You will provide us with accurate, current and complete information, and will keep Your
information updated; (c) Your registration and use of Our Website and/or services are not
prohibited under any applicable law.
Please note that, We reserve the right to suspend or terminate Your
account, or Your access to the Website and or services, in the event that You breach any of
the Terms and Conditions or any other applicable policies.
-
Account Security:
You are solely responsible for keeping Your account credentials
confidential and secure and for all activities irrespective of whether taken by You or by
any third party using Your account credentials.
-
Age Requirement:
Our Website and services are available only to the person who can as
per Indian Contract Act, 1872 enter into a legally binding agreement. Persons who are
“incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not
eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall
not use or create an account on the Website.
As a minor, if You wish to access or use the Website, such access or
use may be undertaken by Your legal guardian or parents. We reserve the right to suspend or
terminate Your account and / or refuse to provide You the access to the Website or services,
if it is brought to Our notice or if it is discovered that You are under the age of 18 years
and You are using this Website without parental or legal guardian’s supervision.
LIMITED USE AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, copyright and all intellectual property rights in
all information, documents, and related graphics published on the Website, including but not limited
to text, audio, video or graphical image, trademarks and logos appearing on the Website are the sole
property of Attero Recycling Private Limited, its affiliate, associates or licensors and are
protected under applicable laws, except for information provided by third-party providers under
contract to Us or affiliates. You undertake to not use any technology to enclose any trademark or
logo or other proprietary information of Us, nor will You remove, conceal or obliterate to enclose
any trademark or logo or other proprietary information belonging to Us or remove, conceal or
obliterate any copyright or other proprietary notice including without limitation, the size, colour,
location or style of all proprietary marks. Any infringement shall be vigorously defended and
pursued to the fullest extent permissible under law.
We authorize You to access, view and use Our Website, its content, and the
software (collectively, the “Our Property”) solely to the extent necessary for You to avail Our
services. You shall not remove any copyright, trademark or other proprietary notices that have been
placed on Our Property.
Except expressly permitted under these Terms and Conditions, any
modification, reproduction, redistribution, republication, uploading, posting, transmitting,
distributing or otherwise exploiting in any way Our Property, or any portion of Our Property, is
strictly prohibited without Our prior written permission. Any violation of these restrictions may
result in a copyright, trademark, or other intellectual property right infringement that may subject
You to civil and/or criminal penalties.
Other marks on the Website not owned by Us may be under license from the
trademark owner thereof, in which case such license is for the exclusive benefit and use by Us
unless otherwise stated or may be the property of their respective owners. You may not use any of
the trademark name, logos, trademarks or brands, or trademarks or brands of others on the Website
without Our prior written permission.
PAYMENT
Once the sale of electrical or electronic products are finalized and price
has been determined, We will initiate the payment process, based on the payment information You
provided. By providing Your payment information, You authorize us to make the payment to You, and
deduct any applicable taxes, fees, and/or collection costs. Please ensure that the payment
information You provide is accurate and up to date to facilitate a smooth transaction process.
We use the services of our partnered payment service provider to make safe
and secure payments to You. By proceeding with a transaction, You authorize Us to securely transmit
Your payment information to our partnered payment service provider for the purpose of completing the
transaction. We request You to kindly read the terms and conditions and privacy policy of Our
partnered payment service provider i.e. Razorpay.
We are not responsible for the actions or policies of partnered payment
service provider.
You acknowledge that all transactions are subject to validation and
authorization by Your bank. All prices for products listed on Our Website are displayed in Indian
Rupees. We reserve the right to change the pricing of the products at Our sole discretion.
While making payment to You, We will not be responsible or assume any
liability, whatsoever in respect of any loss or damage arising directly or indirectly to You.
By
accessing or using the Website or services, You agree to abide by all the applicable laws and
regulations, including but not limited to Information and Technology Act, 2000 and the rules made
thereunder, as amended from time to time.
REPRESENTATION AND WARRANTIES
You hereby represent and warrant to Us that:
- You are the lawful owner of the electrical or electronic products that You
intend to sell.
- Your use of the Website and/or Our services will not violate any applicable
law or regulation.
- All information that is submitted to Us in connection with Your account, is
true, accurate and lawful.
- You agree that if You provide any information that is untrue, inaccurate, or
incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate,
or incomplete, or not in accordance with this Terms and Conditions, We shall have the right to
indefinitely suspend or terminate or block access of Your account on the Website and refuse to
provide You the access to the Website.
- You will (a) immediately inform Us of any unauthorized use of Your account or
any other security breach and (b) ensure that You log out of Your account at the end of each
session. We, Our employees, agents, directors and officers will not be held liable for any loss
or direct or indirect damage arising from Your failure to comply with these Terms and
Conditions. You may be held liable for any losses incurred to Us or any other user of the
Website due to unauthorized use of their account by You.
- You shall not by means of any deep-link, page-scrape, spider or any other
tool, program or algorithm or by any comparable manual process access, acquire, copy or monitor
any part of Our Website or any content published on Our Website, or in any way reproduce or
circumvent the structure of Our Website, so as to obtain or attempt to obtain any materials,
documents, or information through any means that is not made available to You through Our
Website.
- You agree not to use hacking, password mining or any other illegal or
unethical means to obtain unauthorized access to Our Website, any system or network connected to
Our Website, any server, computer, or any of the services provided on or through Our Website.
- You undertake that neither Our Website not any network connected to it shall
be probed, scanned or tested, nor any security or authentical methods will be circumvented by
You. You agree that You are prohibited from undertaking any reverse look-up, trace or seek to
trace information of the users of Our Website.
- You shall not make any disparaging, defamatory or negative statement(s) or
comment(s) about Us, Our brand name, or Our domain name.
- You shall not engage in any conduct or action that might harm Our or Our
associate company’s image or reputation or otherwise tarnish or dilute any of Our trade or
service marks, trade name or goodwill associated with such trade or service marks, trade names.
- You undertake not to do anything which may place an unreasonable or excessive
burden on Our Website’s infrastructure, Our information technology systems, and networks, or nay
systems or networks which are connected to Our Website.
- You shall not interfere or attempt to disrupt the intended functioning or
transaction of Our Website.
- You agree that forging headers or manipulating identifiers to mask or cover
the origin of any message or transmittal You send to Us on or through the Website or any service
offered on or through the Website is prohibited.
- You agree not to impersonate any other individual or entity.
- You agree that You are prohibited from using the Website or its contents for
any unlawful purpose or manner that violates these Terms and Conditions. This includes
soliciting the performance of illegal activities or any actions that infringe Our rights.
- You agree that You are prohibited from engaging in any form of commercial
advertising or solicitation directed towards other users of Our Website. This includes promoting
the sale of any electrical or electronic products, whether directly related to those offered on
the Website or otherwise related to Us.
- You acknowledge and agree that We are entitled to disclose any information at
any time, in order to comply with any applicable law, regulation or government or court order or
if we believe disclosing the information to the law enforcement agency is in the interest of
public welfare or is necessary for prevention or investigate of any illegal activity.
- Website may contain offensive or obscene material posted by unauthorized
users or hackers. You acknowledge the possibility of involuntary exposure to such content. In
such situation We shall not be liable or responsible.
- We have all the rights to take necessary action and claim damages that may
occur due to Your involvement/participation in any way on Your own or through group/s of people,
intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Subject to the Terms and Conditions, You shall not use any portion of the
Website or any content which is made available on the Website, in any way (including mirroring)
to any other computer, server, website or any other medium for publication or distribution or
for any commercial purpose, without Our prior written consent.
- You may use the content made available on the Website for downloading,
provided that You agree that: (a) You will not remove any proprietary notice in such documents;
(b) You will use such information only for your personal, non-commercial purpose; (c) You will
not copy or post such information on any networked computer or broadcast it in any media; (c)
You will make no modifications to any such information, and (d) You will not make any
representations or warranties relating to such documents.
- You understand and agree that while we strive to ensure uninterrupted
availability and error-free delivery of the Website, due to the nature of the internet, this
cannot be guaranteed. At any time and without prior notice, the Website may suspend or restrict
Your access for upkeep, repairs, or for addition of new features or services.
- You shall not and shall not attempt, to: (a) resell or use any part of the
Website for commercial purpose; or (b) use the Website or its content in a derivative manner; or
(c) transfer any rights with respect to the Website; or (d) display the name, logo, trademark or
other identifier of any other person in such a manner as to give the viewer of the Website the
impression that such other person is a publisher or distributor of the Services on the Website;
or (e) use any data gathering or extraction tools or meta tags.
WARRANTY, EXCLUSIONS AND LIMITATIONS OF LIABILITY
Our Property and all the materials/ information/ content and services made
available to You are provided on “as is” and “as available” basis without any representation or
warranty, express or implied, including all warranties of merchantability, fitness for a particular
purpose, title, non-infringement, and any and all warranties arising from course of accessing or
using Our Property or services; That the information on this Website is complete, true, accurate or
non-misleading; That Our Property and services will meet your requirements, will always be
available, accessible, uninterrupted, timely, secure or operate without error, as to the results
that may be obtained from the operation, use or other exploitation of Our Property or services, and
as to the accuracy or reliability of any information obtained from Our Property or services.
We have partnered with logistics service partner to facilitate safe and
secure collection of Your electrical or electronic products from Your requested location. We ensure
that the Product collection executives of logistics service provider are individuals with highest
regard for ethics and integrity. However, it is not possible for Us to ensure that logistics service
provider’s Product collection executives will behave consistently demonstrate professionalism,
competence, and good manners. We hereby clarify that any ill-mannerism, impoliteness, discourtesy,
or offensiveness shown by logistics service provider’s Product collection executives is beyond Our
control and any issue arising between You and Our logistics service provider’s Product collection
executive will have to be resolved by You independently.
We are under no circumstances liable to You for any incidental,
consequential, indirect, punitive or special damages (including damages for loss of business, loss
of profits or loss of use), whether based on contract, tort (including negligence), or otherwise
arising from or relating to the Our Property or services. In any event, Our maximum aggregate
liability for any and all damages arising from the Our Property or services shall be a refund of the
amount paid by You to Us, if any.
INDEMNITY
You agree to indemnify and hold Us, Our affiliates, suppliers, licensors and
partners, and the officers, directors, employees, agents and representatives of each of them
harmless, from any claim or demand including costs, liabilities and legal fees, from any claim or
demand made by any third party due to or arising out of (i) Your access or usage of Our Property or
services, (ii) Your violation of these Terms and Conditions and Privacy Policy, or (iii)
Infringement by You, or any third party using Your account, of any intellectual property or other
right of any person or entity.
In the event of any claim, lawsuit, or proceeding for which You are obligated
to indemnify Us under these Terms and Conditions, We reserve the right to assume exclusive control
and defense of such matters, at Your expense. You agree to cooperate fully with Our defense of such
claims. Furthermore, You agree to refrain from settling any such matter without Our prior written
consent. We will make reasonable efforts to notify You upon becoming aware of any such claim,
action, or proceeding.
TERMINATION
We may suspend or terminate Your use of Our Website or any service if We believe, in our sole and
absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or
exploited any terms of these Terms and Conditions. However, these Terms and Conditions will survive
indefinitely until We choose to terminate them.
INFORMATION COLLECTION, USE, AND SHARING
By sharing Your information with Us, You understand that You may be contacted by Our representative via
telephone, email, text, or prerecorded message regarding Our services, programs, offers, events,
announcements, and offers from Our third party marketing partners. If You respond to any such offer,
Your information may be subject to that third party’s terms and conditions and privacy policy. By
providing Us Your phone number, You grant Us permission for the use of text messages, prerecorded voice
or and/or automatic telephone dialling systems to contact you and/or deliver Our related information,
offers or announcements.
You can opt out from Our email and messaging services at any time by writing to care@https://oldacbuyerschennai.com/ with
opt out email in the subject.
PRIVACY
Your Personal Information and its security are paramount to Us. We collect, process, store and share
Your Personal Information, on Our information technology systems that may be protected by physical as
well as reasonable technological security measures and procedures as per Information Technology Act 2000
and Rules made there under.
Our Privacy Policy is available at https://<<>>. Please read Our Privacy Policy, as it contains
important information relating to Your use of the Website and services.
We may share / sell / transfer some or all of Your Personal Information with another business entity in
the event of a merger, acquisition, re-organization, amalgamation, restructuring, or any other reason.
Nevertheless, in such events, the other business entity or the new combined entity will comply with Our
Privacy Policy.
If You object to Your Information being collected, processed, stored or shared in the way as outlined in
Our Privacy Policy then You shall not use Our Website.
DISCLAIMER
You understand, acknowledge and agree that:
- We make no representations or warranties of any kind or nature with respect to the information or
content posted on this Website.
- We disclaim all liability and provides no warranties for the correctness, efficacy, timeliness, or
suitability of any data or content obtained from third-party sources, including any hyperlinks to or
from such websites.
- In no event shall We be liable for any damages of any kind or nature, including, without limitation,
direct, indirect, consequential, incidental or special (including loss of profit) damages arising from
or in connection with the information or content posted on this Website.
- We do not warrant the accuracy or completeness of the Our Property or services, or the uptime of Our
Website, or the reliability of any advice, opinion, statement, or other information displayed or
distributed through the Website. You acknowledge that any reliance on any such opinion, advice,
statement, memorandum, or information shall be at Your sole risk. We reserve the right, in Our sole
discretion, to correct any errors or omissions in any portion of the Website. We may make any other
changes to Our Property, products, programs, services or prices (if any) described on the Website at any
time without notice.
COMMUNICATIONS
By accepting the Terms and Conditions, You agree and understand that You give Your express consent to
receive promotional and/or marketing and/or other communications from Us via electronic means as and
when We require. However, You can unsubscribe/ opt-out from receiving marketing/ promotional
communications, newsletters, and other notifications from Us at any time by following the instructions
set out in such communications.
THIRD-PARTY LINKS
Our Website may contain links to the websites which are operated and owned by third parties. We do not
have any control over such third-party websites and We are not responsible for their content, privacy
policies or operations. You acknowledge and agree that We shall have no liability for any harm or loss
resulting from, or allegedly resulting from the use of or reliance on any such goods or services
available on or through any such third-party websites.
We do not warrant the offerings of any third-party websites or services or the accuracy, completeness,
or reliability of any information, material, product, or service displayed or offered through such
websites or services. Linke to third party websites or services do not imply any endorsement by Us of
such websites or services or the content, products or services available through them. We strongly
encourage You to read the terms and conditions and privacy policies of any third-party website or
services that You visit.
We reserve the right to modify, add or remove links to third party websites or services at any time
without any prior written notice.
GOVERNING LAW AND JURISDICTION
There Terms and Conditions will be governed by the laws of Republic of India and all claims arising from
or relating to the operation, use of the Website and/or the services will subject to the courts at New
Delhi, India.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
We make no representation that the content on Our Website is appropriate to be used of accessed outside
the Republic of India. Your use of or access to the Website from outside the Republic of India is at
Your own risk and You are responsible for compliance with the laws of such jurisdiction.
WAIVER
Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver
of such right or provision. No waiver by Us shall be effective unless it is in writing and signed by Us.
FORCE MAJEURE
We will not be held responsible or liable for any delay or failure in performance of Our obligations
under these Terms and Conditions caused by or resulting from any force majeure event.
SEVERABILITY
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of
competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
ENTIRE AGREEMENT
These Terms and conditions set forth the entire agreement between You and Us and supersedes all prior
promises, agreements or representations, whether written or oral, regarding such subject matter. You
agree that the electronic text of these Terms and Conditions constitutes writing and Your assent to the
Terms and Conditions hereof constitutes a “signing” for all purposes.
GRIEVANCE REDRESSAL
Any complaint, abuse, or concerns with regards to the content and or breach of these terms shall be
immediately informed to the designated grievance officer as mentioned below via in writing or through
mail to:
enquiry@oldacbuyerschennai.com