Terms of Use

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 mobile application (“Platform”) is owned, maintained, and operated by Attero Recycling Private Limited (“We”, “Our” “Us”), a company incorporated under the laws of India, having its registered office at 2, C/o Saraswati Press, Green Park, Dehradun - 248001, Uttarakhand, India and corporate office at A-72/A, Sector-64, Noida 201301, Uttar Pradesh, India.   For the purpose of these terms of use (“Terms of Use”), wherever the context so requires “You” or “Your” or “Yours” or “User” shall mean any natural or legal person who accesses or uses or has registered on Our Platform for availing Our Services (as defined hereunder).

These Terms of Use shall govern Your access and usage of Our Platform and Services. By accessing or using Our Platform, You agree to be bound by these Terms of Use. We may modify the Terms of Use from time to time, with or without issuing You a notice. Your continued access or usage of this Platform signifies Your acceptance of the updated Terms of Use. We request You to kindly check this page periodically to review the most current version of the Terms of Use. You also agree to be bound by Our policies, including but not limited to Privacy Policy or any other policies or guidelines which may be updated from time to time.

Please read these Terms of Use and the Privacy Policy carefully before using Our Platform. If You do not agree with these Terms of Use, then You shall not use this Platform or avail any of its Service. Without any notice, We may modify the contents or suspend the operations of the Platform for support or maintenance purpose, or for other reason, at any time. 

ACCOUNT REGISTRATION AND OBLIGATIONS

In order to avail Our Services, You will have to create an account on Our Platform. Please note that, We do not charge any fee from You for browsing Our Platform, or creating an account, or availing any Services on Our Platform. 

You can create an account on Our Platform through Your registered phone number and the one-time password (OTP). Following successful registration, an account will be created by Us for You. 

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 Platform 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 Platform and or Services, in the event that You breach any of the terms of the Terms of Use or any other applicable policies.

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.

Our Platform 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 Platform. If You are a minor i.e. under the age of 18 years, You shall not use or create an account on the Platform. 

OUR SERVICES 

We understand that sale and purchase of metal or alloys (“Materials”), can be a hassle, which is why through this Platform, We provide You a Platform to sell Materials conveniently and effortlessly (“Services”). The purchase and sale of Materials shall be subject to following conditions:

Once You have registered on Our Platform and have complied with Our Know-Your-Customer obligations, You will have the option to list the Materials that You desire to sell on Our Platform. At the time of listing the Materials, You will have to specify the quantity, price and type of Material that You intent to sell. It is at Our sole discretion to approve or reject Your listing on Our Platform.

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 Platform, including but not limited to text, audio, video or graphical image, trademarks and logos appearing on the Platform are the sole property of Us, our affiliates, 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 Platform, 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 of Use, 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 Platform 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 Platform without Our prior written permission.

REPRESENTATION AND WARRANTIES

You hereby represent and warrant to Us that: 

1. Your use of the Platform and/or Our Services will not violate any applicable law or regulation. 
2. All information that is submitted to Us in connection with Your account, is true, accurate and lawful. 
3. 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 of Use, We shall have the right to indefinitely suspend or terminate or block access of Your account on the Platform  and refuse to provide You the access to the Platform.
4. 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 of Use. You may be held liable for any losses incurred to Us or any other user of the Platform due to unauthorized use of their account by You. 
5. 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 Platform or any content published on Our Platform, or in any way reproduce or circumvent the structure of Our Platform, 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 Platform. 
6. You agree not to use hacking, password mining or any other illegal or unethical means to obtain unauthorized access to Our Platform, any system or network connected to Our Platform, any server, computer, or any of the services provided on or through Our Platform. 
7. You undertake that neither Our Platform nor 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 Platform.     
8. You shall not make any disparaging, defamatory or negative statement(s) or comment(s) about Us, Our brand name, or Our domain name. 
9. You shall not engage in any conduct or action that might harm Our 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. 
10. You undertake not to do anything which may place an unreasonable or excessive burden on Our Platform’s infrastructure, Our information technology systems, and networks, or nay systems or networks which are connected to Our Platform. 
11. You shall not interfere or attempt to disrupt the intended functioning or transaction of Our Platform.
12. 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 Platform or any Service offered on or through the Platform is prohibited. 
13. You agree not to impersonate any other individual or entity.
14. You agree that You are prohibited from using the Platform or its contents for any unlawful purpose or manner that violates these Terms of Use. This includes soliciting the performance of illegal activities or any actions that infringe Our rights. 
15. You agree that You are prohibited from engaging in any form of commercial advertising or solicitation directed towards other users of Our Platform. This includes promoting the sale of any Materials, whether directly related to those offered on the Platform or otherwise related to Us.
16. 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.
17. Platform 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.
18. 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).
19. Subject to the Terms of Use, You shall not use any portion of the Platform or any content which is made available on the Platform, 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.
20. You may use the content made available on the Platform 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 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.
21. You understand and agree that while We strive to ensure uninterrupted availability and error-free delivery of the Platform, due to the nature of the internet, this cannot be guaranteed. At any time and without prior notice, the Platform may suspend or restrict Your access for upkeep, repairs, or for addition of new features or services.
22. You shall not and shall not attempt, to: (a) resell or use any part of the Platform for commercial purpose; or (b) use the Platform or its content in a derivative manner; or (c) transfer any rights with respect to the Platform; 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 Platform the impression that such other person is a publisher or distributor of the Services on the Platform; 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 Platform 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 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 of Use 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 of Use, We reserve the right to assume exclusive control and defence of such matters, at Your expense. You agree to cooperate fully with Our defence 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 Platform 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 of Use. However, these Terms of Use 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 [email protected] with opt out email in the subject.

PRIVACY

Your Personal Information and its security are paramount to Us. We may 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. 

Please read Our Privacy Policy, as it contains important information relating to Your use of the Platform 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 Platform.

DISCLAIMER

You understand, acknowledge and agree that: 

1. We make no representations or warranties of any kind or nature with respect to the information or content posted on this Platform. 
2. 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.
3. 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 Platform.
4. We do not warrant the accuracy or completeness of the Our Property or Services, or the uptime of Our Platform, or the reliability of any advice, opinion, statement, or other information displayed or distributed through the Platform. 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 Platform. We may make any other changes to Our Property, products, programs, Services or prices (if any) described on the Platform at any time without notice. 

COMMUNICATIONS

By accepting the Terms of Use, 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 Platform 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, operations etc. 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. Linked 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

These Terms of Use will be governed by the laws of Republic of India and all claims arising from or relating to the operation, use of the Platform 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 Platform is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platform from any location which is not within the territory of the Republic of India is at Your own risk and You are responsible to comply with the laws of such jurisdiction.

WAIVER

Our failure to enforce any right or provision of these Terms of Use 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 of Use caused by or resulting from any force majeure event. 

SEVERABILITY

If any provision of these Terms of Use 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 of Use 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 of Use constitutes writing and Your assent to the Terms of Use 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 email to: [email protected]