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Terms of use

01 Introduction

The portal https://recircle.in/ (“Website”) is owned, managed and operated by Swachh Sustainable Solutions Private Limited, a Private Limited Company duly registered under the Companies Act, 2013, having CIN U74900MH2016PTC273536 and whose registered address is located at Ruturaj Apartments, Flat No. 3, 71 P Juhu Rd Santacruz West Mumbai Mumbai City MH 400049 India.

”We/we”, “Our/our, “Us/us”, “Platform”, “ReCircle”, “the Company” or “the Service Provider” refers to Swachh Sustainable Solutions Private Limited and shall include its successors and assignees. “You/you”, “Your/your”, “Yourself/yourself” or “the User” shall mean the prospective or existing customer or his/her legal representative and any other user accessing the Site. 

We maintain this Platform as a service to our customers. This document and any documents referred to within it (collectively, the “Terms of Use”, “Terms” or the “Agreement”) set out the terms of your relationship with us as well as with other users on the platform. Please read and understand these Terms of Use before using our website. This document sets forth the legally binding terms and conditions for your use of the Platform. 

These Terms of Use are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

Accessing, browsing, registering or otherwise using the Platform in any manner will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under Terms of Use and binding policies hereof. By using the Platform, you declare to have carefully read, understood and agree to be bound by these Terms of Use. ReCircle may at its sole discretion allow or disallow access to the Platform and reserves the right to change any of the terms and conditions contained herein at any point in time. It is Your responsibility to periodically review these Terms of Use any update and changes and Your continued use of the Platform will be considered as Your acceptance to such updates and changes. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS, BROWSE, REGISTER TO AND/OR USE THIS PLATFORM IN ANY MANNER.

You explicitly and expressly consent to receive communications from ReCircle in relation to Your use and access of the Platform and its services and agree that such communications shall not be treated as an unsolicited communication.

02 Privacy

Our Privacy Policy available at https://pages.recircle.in/privacy-policy-website (“Privacy Policy”) governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Platform you agree to the practices described in our Privacy Policy.

03 Definitions​

  • "Agreement" shall mean this User Agreement and Privacy Policy and shall include the User application form duly completed, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Illegal/Prohibited Content, Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Company may in its absolute discretion add to the Site from time to time.
  • “Collection partner” shall mean any User registered as a “Collection Partner” and includes any/all the authorised person who are assigned to collect waste.
  • "Illegal/Prohibited content" means the content on the company’s Site which is either illegal or prohibited by law or both and includes content which has been specifically set forth on the Site and this Terms of use as such.
  • “Manufacturer” means and include a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer.
  • "Website" means https://recircle.in and includes any link which opens with the platform and unless repugnant to the subject and context thereof includes other websites operated by the Company.
  • “Producer” means persons engaged in manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity or anyone producing recyclable item/s.
  • "Recycling" means the process of transforming waste into a new product or raw material for producing new products.
  • "Registered Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but not limited to the User's name, telephone number, mailing address, account and email address.
  • “Registered User” shall mean User who has filled out an on-line registration form or have signed up on the Site by giving its information. https://recircle.in will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
  • " Sensitive Personal Data/Information" means such personal information of a User which consists of information relating to:-
    • password(s);
    • financial information such as Bank account or credit card or debit card or other payment instrument details;
    • PAN
    • sexual orientation or;
    • phone No.
    • any detail or information relating to the above clauses provided by User.
    • Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Sensitive Personal Data/ Information for the purposes of the Agreement.
  • "Services" means the Services provided by the Company to the User of the Site and includes the following facilities:
    • Recycle the waste generated by household, Factories, Malls, Offices, Retail Outlet, Business Park, Educational institution and Residential or Commercial Complex;
    • pick up service wherein the Company shall connect the user to the nearby verified waste collector and the waste collector shall collect the recyclable waste from user at their doorstep on the scheduled date and time;
    • drop off service wherein recircle will allow the user to drop the recyclable waste at the nearest drop off point. The user can find their nearest drop off location through https://recircle.in;
    • Provide assistance to producer and manufacturers in compliance with Plastic Waste Management Rules 2016;
    • Run Material Recovery Facility in partnership with Urban Local Bodies. This infrastructure receives recyclable waste from households, institutions, organizations and other bulk waste generators to further enable its reuse and prevent it from entering landfills and oceans;
    • We further collaborate with educational institutions and other collaborative conceptual projects to spread the awareness regarding ecosystem, reuse and recycle.
    • Such other or further services that may be provided by the Company from time to time.
  • “Third party” includes any/all other website, links, or/and Party other than ReCircle .
  • “User/s” is defined as a person, or any legal entity who accesses the Site for whatever purpose in any manner and includes Businesses, Collection Partners and Processors. The term 'User' includes the User's successors and authorized officials of the User's business who have permission to use the Services on the Site on behalf of the User and Users that obtain a trial membership to use the Site and User's that log in as a 'guest' to use the Site.
  • “Waste” includes any/all items that are produced from glass, paper, hard plastic and soft plastic or any other item/s that will be channelized for proper recycling but does not include any item/s that will not get recycled or/and prohibited item/s even if they are in reusable condition.

04 Grant of license​

  1. You acknowledge that the Platform is licensed and not sold to you. The Company hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable and revocable limited license to use the Platform for intended purposes only as set out in this Agreement for such time until either You or the Company terminates this T&C.
  2. You shall not, directly or indirectly (i) sell, rent out, lease, sub-license, distribute, market, exploit the Platform or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Platform, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Platform; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Platform and (v) export or re-export this Platform or any copy of adaptation in violation of any applicable laws or regulations.
  3. While using the Platform, You agree to comply will all applicable laws, rules and regulations of the Platform and this T&C. You also agree to comply with all rules amended and notified from time to time by the Company.
  4. Except as expressly set forth in this User T&C, all rights not granted hereunder to You are expressly reserved by the Company.
  5. This User T&C confers no title or ownership in the Platform and should not be construed as a sale of any rights in the Platform.

05 Who can use the platform

  1. To use the Recircle Platform either by registration or by any means shall be available only to the person who are Indian citizens and residents of India, who are 18 years of age and above, who are competent to enter into a contract as per the Indian Contract Act, 1872 and are not barred from entering into a contract by any law for the time being in force.
  2. Any minor wishing to transact and access the Platform shall do so through their legal guardian or parents only. If any minor accesses or avails any of the services offered by the Platform without supervision of their legal guardian or parents, the Company shall not be held liable in any capacity.

06 User Representations and warranty

By using the Platform, you represent and warrant that:
  1. you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with ReCircle;
  2. If you access the Platform, either by registration on the Site or by any other means, not as an individual but on behalf of another entity, you represent that you are fully authorized to do so and the listing, posting of information and transactions on the Platform on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.
  3. you are capable of assuming, and do assume, any risks related to the use of the Materials on the Platform; and
  4. you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Platform.

07 Our objective

The objectives of this platform are effectively and efficiently manage the generation, collection, transportation, treatment, and disposal of waste in a sustainable manner. Some specific objectives include:
  1. Reducing waste generation: The platform encourages and promotes waste reduction, reuse, and recycling to minimize the amount of waste generated.
  2. Improving waste collection: The platform ensures efficient and timely collection of waste from households, businesses, and other waste generators to prevent environmental pollution.
  3. The platform will allow the user to connect to the nearest waste collector and schedule pick up. Further in case of drop off, it will allow the user to locate their nearest drop off point where the user can drop their recyclable item/s. User shall be able to track their past booking and ongoing bookings.
  4. Promoting proper waste disposal: The platform encourages proper disposal of waste in compliance with local regulations and environmental standards.
  5. Monitoring and reporting: The platform monitors waste management activities and generate reports to assess progress and identify areas for improvement.
  6. Educating and engaging stakeholders: The platform educates and engages stakeholders, including waste generators, waste management companies, and the public, to promote responsible waste management practices.
  7. Supporting innovation: The platform supports innovation in waste management technologies and practices to promote sustainability and reduce environmental impact.
Our goal is to work towards a sustainable future by means of preventing all resources from getting wasted into landfills and oceans, bringing it back into the economy by recycling, reusing or repurposing.

08 Registration

User:
In order to use the services of Our platform, Users are required to register and create an account on the platform by following the below registration procedure:
  1. User shall click on the link https://recircle.in
  2. Fill out the registration form: You will be asked to provide information such as User’s Name, Address, User’s mobile number and email address. After filling in the information you shall be provided with a One-time password on you registered phone number, after submitting the One time password the account will be created.
Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up-to-date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification. It shall be your responsibility to always protect your login credentials and not disclose them to anyone. We are not liable for misuse of your login credentials. The User accountholder will be solely responsible for any activity conducted through his account. In case of suspected any abuse of your account, please inform us on ‘Contact Us’ as soon as possible and change your (login) details. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current 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 User account on the Platform and refuse to provide You with access to the Platform.

09 Fees, payments and refunds

Payment Methods:
For making all payments for purchases on the platform, you shall be required to make a payment for which you will be redirected to a third-party payment gateway. The payment gateway may additionally seek information from you to process the payment for your payment and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

Refund Policy:
The Company under certain scenarios may, at its sole discretion grant a refund of the fees paid by the User.
The decision of the company in this regard shall be final and binding.

10 Functions performed by the platform

ReCircle work by providing a digital platform that connects various users with authorised waste collectors.
Some of the functionalities of the Platform include:
  1. Schedule a pick up- the Platform will allow the user to schedule the pick up of recyclable item. The User will have to select the type of item from the given list and the approx. weight of the recyclable item. Further the user will have to fill in the address for the pick-up.
  2. Drop off- the Platform will also allow the user to locate their nearest drop off point.
  3. Waste tracking- The platform will help the user to track ongoing as well as the past recycle bookings.
  4. Communication: The platform facilitates communication between the User and the Waste Collector involved in the waste management process. This helps in coordinating the process and resolving any issues that may arise.
  5. Payment: The platform facilitates payment for services by the User through a payment gateway.

11 Prohibited use of platforms

In all cases, You shall only use the Platform for Permitted use as provided in Clause 3 of this T&C, and You shall not:

  1. create, use, share and/or publish by any means or through any medium, in relation to the Platform, any material (text, words, images, sounds, videos, etc.) which would result in a breach of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
  2. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Platform, or their accessibility to other users, or the functioning of the Platform, or attempt to do any of the above; 
  3. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Platform, and/or organise, participate in or be involved in any way in an attack on COMPANY’s servers and/or the Platform;
  4. create, supply or use alternative methods of using the Platforms, for example server emulators;
  5. transmitting or communicating any material or content anywhere which, in the sole and exclusive discretion of the COMPANY, is believed or deemed untrue or offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
  6. harass or threaten other Users;
  7. harass, threaten or intentionally defraud (or assist in defrauding) any other Users in the Platform;
  8. intentionally try to defraud (or assist in the defrauding of) the Company;
  9. make inappropriate use of the help service or any other facility through which User can interact with the Company’s personnel, send untruthful reports to members of the COMPANY’s personnel;
  10. falsely claim to be an employee or representative of Company or its partners and/or agents;
  11. falsely claim an endorsement in connection with the Platform or with Company
  12. provide false, inaccurate, or misleading information;
  13. operate the platform taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
  14. take any action that interferes with, intercepts, or expropriates any system, data, or information;
  15. USER shall not use the Platform for any unlawful purpose or in furtherance of illegal activities. This includes selling, buying, or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services or partake in any transaction involving the proceeds of illegal activity;
  16. collect any user information from other Users, including, without limitation, email addresses;
  17. USER shall not use our service to do or share anything:
  1. That violates these Terms, or other terms and policies that apply to your use of our Service.
  2. That you do not own or have the necessary rights to share.
  3. That infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
  1. USER shall not access or collect data from our platform using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
  2. USER shall not sell, license or purchase any data obtained from us or our services, except as provided in the Platform Terms.

Content Guidelines

  1. USER shall not threaten violence against an individual or a group of people. We also prohibit the glorification of violence. Also, shall not threaten or promote terrorism or violent extremism.  
  2. USER shall not post any message which supports or encourages child sexual exploitation. 
  3. Abuse/harassment: USER shall not engage in the targeted harassment of someone, or incite other people to do so. This includes wishing or hoping that someone experiences physical harm.  
  4. USER shall not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.   
  5. USER shall not promote or encourage suicide or self-harm.  
  6. USER shall not post media that is excessively gory or share violent or adult content within live video or in profile or header images. Media depicting sexual violence and/or assault is also not permitted.   
  7. USER shall not publish or post other people’s private information (such as home phone number and address) without their express authorization and permission. USER shall not threaten to expose private information or incentivize others to do so.  
  8. USER shall not post or share intimate photos or videos of someone that were produced or distributed without their consent.  
  9. USER shall not use Platform in a manner intended to artificially amplify or suppress information or engage in behaviour that manipulates or disrupts people’s experience on Platform.  
  10. USER shall not use Platform for the purpose of manipulating or interfering in elections or other civic processes. This includes posting or sharing content that shall suppress participation or mislead people about when, where, or how to participate in a civic process.  
  11. USER shall not impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others.  
  12. USER shall not deceptively share manipulated media that are likely to cause harm. 
  13. USER shall not post any other content which is prohibited or declared unlawful by any law for the time being in force. 

 

We reserve the right to remove or restrict your access to our Platform if it is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions.

We also reserve the right to remove or restrict access to content features, services or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to ReCircle.

12 Mobile access and text messaging terms

  1. Use of Mobile Devices: If you use a mobile device to access the Platform, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using the Platform via a mobile device, you agree to these Terms of Use and to any applicable terms of any other third-party mobile app you may use.
  2. Your Duties for Your Own Phone Number. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for promptly notifying us at info@recircle.in  Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising out of your use of the telephone number.

Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated messages from us if we believe you are in breach of these Terms of Use. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

13 User covenants

  1. User must provide accurate information regarding addresses, pickup or drop-off points, and weight of waste and materials of waste on the Platform.
  2. User must be available at the selected date and the selected time slot provided by them at the time of booking.
  3. User must not submit items that are mentioned in the prohibited list.
  4. User must segregate waste, store it separately and hand over to collection partners.
  5. User must handle, store, and transport their waste in a safe and responsible manner, to prevent harm to human health and the environment and must not engage in any illegal or harmful practices.
  6. User must comply with applicable laws and regulations related to waste management. Environmental Protection Act 1986, Plastic Waste Management Rules, 2016 etc.
  7. User must comply with all platform policies and guidelines, including those related to listing and accepting waste disposal jobs, resolving disputes, and managing user accounts.

14 Prohibited items

  1. There are several types of items that we do not collect. We only collects items that will be channelized for proper recycling. Any item that will not get recycled will not get picked up, even if they are in reusable condition. Users shall not submit any of the below prohibited items for recycling. 

    List of Prohibited items includes:

    1. Hazardous waste: This includes items that are flammable, explosive, toxic, or corrosive. Examples include batteries, chemicals, asbestos, and medical waste.
    2. Electronic waste: This includes items such as computers, TVs, and other electronic devices that contain hazardous materials like lead, mercury, and cadmium.
    3. Radioactive waste: This includes materials that emit radiation, such as nuclear power plant waste, medical or laboratory equipment, and certain consumer products.
    4. Biological waste: This includes medical waste, human and animal body fluids, and other items that may contain infectious agents.
    5. Pharmaceuticals: This includes unused or expired medication, which can contaminate water and harm wildlife if not disposed of properly.
    6. Sharps: This includes needles, syringes, and other medical or dental instruments that can cause injury or infection.
    7. Industrial waste: This includes chemicals, solvents, and other materials generated by industrial processes that may be hazardous to human health or the environment. 
    8. Construction and Demolition Waste: means the waste comprising of building materials, debris and rubble resulting from construction, re-modeling, repair and demolition of any civil structure. 
    9. Battery means lead acid battery which is a source of electrical energy and contains lead metal.
    10. Any Item that is illegal under the applicable law;
    11. Any immovable items
    12. Any Securities as defined under Section 2 in The Securities Contracts (Regulation) Act, 1956
    13. Any offensive or obscene materials;
    14. Alcohol, tobacco, and other recreational drugs;
    15. Human organs, animals or other similar Items;
    16. Any weapons, firearms or combustible Items.

     

    We reserve the right to remove any Listing that we deem to be in violation of these Terms or otherwise inappropriate for the Platform.


    If Users submit any of the aforementioned items for recycling, the Company reserves the right to terminate the User’s account with immediate effect and pursue any other appropriate legal recourse against the User.

15 Content license

You grant us and our affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by you or material submitted by you, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use your name in connection with such content. 

You represent and warrant that as at the date that the content or material you submitted to the Platform: (i) is accurate; (ii) use of the content and material does not breach any applicable Indian law or the App’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy. 

You represent and warrant that your use of this Platform shall not involve infringement of law and the legal rights of any third parties.

16 Intellectual property

Trademarks, The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Platform are registered and unregistered Trademarks of the Company, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Platform, without the prior, express written consent of the Company, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other utilizing the Company’s or its affiliates’ name or Trademarks without the express written consent of the Company, its affiliates, or third-party licensors. All rights reserved.

Platform Materials, All Trademarks, and materials displayed on, or contained within the Platform, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “Materials”), are the property of the Company, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Platform and the Materials are the property of the Company, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Platform or in the Materials. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without the express written consent of the Company.

Any copies that you make of the Materials must retain all Our copyright and other notices. Except as expressly provided for in these Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Platform, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Platform, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Platform, including, but not limited to, the Materials. No portion of the content on the Platform may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

You acknowledge that the Platform is licensed and not sold to you. The Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable and revocable limited license to use the Platform for intended purposes only as set out in this Agreement.

Any unauthorised use of the Company Content may result in the suspension or termination of your user account and other legal action directly against you.

In case you find any content on the Platform, which infringes on your Intellectual Property Rights, you may write to us at the email ID info@recircle.in with the below details of your complaint.

  1. Identification of the content that is claimed to be infringing your IP rights (such as links to the page where such content appears and description of the content);
  2. Your contact information including your name, phone number, and e-mail address; and
  3. A signed statement that: You believe in good faith that the use of the content is not authorised/licensed by the IP owner or its agent; and that the information contained in the notice is accurate, and under penalty of perjury that you are either the owner of an exclusive right that is allegedly infringed, or that you are authorised to act on behalf of such owner to communicate with us regarding the copyright infringement;

We will immediately investigate the claim upon receipt of a valid notice and remove the infringing content if advised by our legal team.

17 Limitation of liability

To the maximum extent permitted by applicable law, in no event shall ReCircle, its affiliates, agents, partners, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages or loss of any kind, including without limitation personal injury or death, damages or loss of property, profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use this service, listings, user conduct or content and any transactions/dealings with other users of this platforms and any other entity associated with it .  

To the maximum extent permitted by applicable law, you agree that ReCircle shall have no liability or responsibility for any  

  1. any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;  
  2. any interruption or cessation of our service;  
  3. any bugs, viruses, or the like that may be transmitted to or through our service by any third party;  
  4. any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our service or your account or the information contained therein. 
  5. 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 our service; and/or 
  6. user content or conduct whether offline or online.  
  7. third-party content that may be displayed or available on our platform.  

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

18 Indemnity

You agree to indemnify, defend and hold ReCircle and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. ReCircle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ReCircle’s defense of such claim. ReCircle and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Platform.

19 Termination / removal

We reserve the right, in our sole and absolute discretion, to terminate your password, account (or any part thereof) or your access to the Platform, or remove and discard any of your content, communications transmitted by you, or information stored, sent, or received via the Platform without prior notice and for any reason, including, but not limited to:

  1. concurrent access of the Platform with identical user identification numbers, 
  2. permitting another person or entity to use your user identification number to access the Platform,
  3. any other access or use of the Platform except as expressly provided in these Terms of Use,
  4. any violation of these Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Platform,
  5. tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Platform,
  6. failure to use the Platform or portion thereof on a regular basis, or
  7. submitting Postings that are off topic or not in accordance with the mission or best interest of the Platform. 

Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which we may be entitled by law. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to us and its licensors.

20 Third party websites

The Platform may contain links to or references to third party websites, resources and advertisers (collectively, “Third Party Sites”). Your accessing such Third Party Sites is at your own risk. Under no circumstances shall Recircle be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. 

Recircle also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.

The linked websites are not under our control, and You are encouraged to read the terms of use and privacy policy of each and every such linked website before accessing any of the third-party websites linked to the Platform and You acknowledge that any risk associated thereof while accessing and using such linked third-party websites solely lies with You and we shall not be responsible in any manner whatsoever. 

21 Changes in terms of use

We reserve at our discretion, the right to modify/amend/alter/update The Terms of Use, at any time by placing a notice on our website. To ensure your awareness to the same change(s), it is your sole responsibility to review this Agreement periodically. We shall not be required to notify the Users of any changes made to the Terms of Use. Unless expressly specified otherwise, any amendments to these Terms of Use shall be effective from the date the amended Terms are posted on the App. The latest version of the Terms of Use will supersede all previous versions.

If you do not agree with the modified Terms of Use, kindly discontinue use of the Platform with immediate effect. By continuing to use the Platform after the amended Terms are published, you agree to be bound by such updated Terms.

22 Force Majeure

The Company shall not be liable for the failure to perform any of its obligations if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

23 Serverability

If any provision of these Terms of Use shall be found to be invalid or becomes illegal, unenforceable in any jurisdiction, or the illegality, invalidity or unenforceability by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

24 Grievance redressal

In accordance with Information Technology Act 2000 and rules made thereunder, if you have any complaint or questions, please write to us at info@recircle.in . Our designated team shall get in touch with you in 7 business days.  

If your query is not resolved to your satisfaction after the first escalation, you can further escalate the matter to our Grievance Officer. The name and contact details of the Grievance Officer, appointed as required by the Information Technology Act 2000 and rules made thereunder, are provided below:

Name: Rahul Nainani

Designation: Grievance Officer: Co-Founder

Email Address: info@recircle.in

Postal Address:  Ruturaj Apartments, Flat No. 3, 71 P Juhu Rd Santacruz West Mumbai- 400049 India

25 Dispute resolution

  1. INITIAL DISPUTE RESOLUTION- We are available by email at info@recircle.in, to find the appropriate customer service to help address any concerns you may have regarding the Platform or any services you have ordered from us. Most concerns may be quickly resolved in this manner. We and you agree to use best efforts to settle any disputes disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
  2. ARBITRATION- If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to paragraph ‘A’ above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or our provision of any services shall be finally settled exclusively and finally by a sole arbitrator to be mutually appointed by the ReCircle and the complaining user. The expense and the fees for the arbitrator will be shared equally. The Arbitration shall be carried out under Indian Arbitration and Conciliation Act 1996, all as amended from time to time. The Arbitration proceedings shall be in English. Such arbitration shall take place at Mumbai. Each Party shall bear its own expenses of arbitration. The Arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration award shall be final and binding upon both the Parties. 

LEGAL JURISDICTION – All disputes pertaining to this Terms of Use shall fall exclusively within the jurisdiction of Mumbai, Maharashtra only.

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