Terms of service
GENERAL TERMS AND CONDITIONS
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of the website (“Platform”), which enables the buyers and sellers to purchase and sell the products offered on the platform.
It is an agreement between You as the user of the Platform and Rapidue Technologies Private Limited ("Recykal"). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.
By subscribing to and checking the check box, You undertake and agree that you have fully read, understood and accepted the Agreement.
DEFINITION:
Agreement shall mean this Agreement including any amendment or addendum executed from time to time.
“Applicable Law” means and includes all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority or self-regulatory agency, statutory authority, tribunal, board, court or recognized stock exchange of India;
“Business Day” means a day other than Sunday on which scheduled commercial banks are open for normal banking business in Hyderabad, Telangana.
““GST” shall mean Goods and Service Tax under Goods and service Tax Act 2017 and related rules, notification and circular as may be notified from time to time.
“Product” shall mean the range of products sold on Recykal’s platform on an "AS-IS" closed box basis.
“Platform” shall mean the website or any mobile application facilitating purchase of the products by buyers based on real-time price and volume.
INTERPRETATION
In this Agreement, unless the context otherwise requires:
Words importing persons or parties shall include natural person, entity, partnership firm, organization, operation, Company, HUF, voluntary association, LLP, joint venture, trust, limited organization, unlimited organization or any other organization having legal capacity;
Words importing the singular shall include the plural and vice versa, where the context so requires;
References to any law shall include such law as from time to time enacted, amended, supplemented or re-enacted;
Reference to one gender shall include a reference to the other genders;
References to the words “include” or “including” shall be construed without limitation;
References to this Agreement or any other agreement, deed, instrument or document shall be construed as a reference to this Agreement , such other agreement, deed, instrument or document as the same may from time to time be amended, varied, supplemented or novated in accordance with the terms of this Agreement;
The headings and titles in this Agreement are indicative and shall not be deemed part thereof or be taken into consideration in the interpretation or construction of this Agreement;
The word ‘written’ shall include writing in electronic form and ‘signed’ shall include electronic signature or any other electronic communication which signifies the sender’s or originator’s intention to be bound by such electronic communication.
TERMS OF USE FOR PURCHASE
The Platform allows Buyers to purchase products on AS IS basis from Recykal’s authorised sellers. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Recykal and any other party.
The Buyers, to access the platform, hereby agrees to onboard themselves with the necessary valid documentation including but not limited to GST Certificate, PAN Card and other KYC documents. The Buyer acknowledges that upon verification and approval of the documents uploaded by the Buyer, they shall have access to use the platform and browse through the inventory available for sale.
The Buyer agrees to purchase the products on an “As-is” basis, either closed box or open box or without box or such other predefined condition, without any demur, which means the products may have minor or major scratches, or defects.
The Buyer agrees not to raise any dispute or any claim for refund or return or exchange or over the quality or fitness of the Products he agrees to purchase from the Platform.
Unless otherwise provided, Buyer agrees that the Products purchased by him from the Platform are not covered under any guarantee or warranty, and Recykal or its authorized sellers shall not be liable for any claims of warranty, guarantee, fitness or make of the Products.
The Buyer acknowledges that the prices displayed on the platform are inclusive of GST and/or any applicable taxes, subject to any changes in law.
The Buyers agree and acknowledge that only upon full payment of the respective order, the Buyers shall receive an Invoice, Order ID and further information of the order placed.
Unless otherwise agreed, the Buyers shall be responsible for arranging transportation for the products purchased from the platform and Recykal shall not be responsible for any loss or damage incurred during the transit.
The Buyer hereby agrees that unless otherwise agreed by Recykal at its sole discretion, there shall be no refund for the products purchased from the Platform.
In the event of a shortfall in the quantity of Products purchased by the Buyer, Recykal shall inform the Buyer of such shortage within 07 days of placing the order. In such an event, the Buyer shall have the option to claim for a refund. Buyer shall have the option to proceed for purchasing the short quantity and claim refund for such shortfall in quantity, or cancel the total order and claim for a full refund. In the event of any refund, the same shall be processed within 10 business days in the source account from which the amount was initially paid.
Notwithstanding anything contained in this Agreement, the title and risk of loss of the Products shall be passed and transferred to the Buyers immediately upon the pickup of the Products at the designated locations.
USER WARRANTY
User(s) represent and warrant that they have the full power and authority to enter into this agreement and all related arrangements and documents for the same. The User acknowledges that the products available in the platform can be purchased only by those business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to purchase the products on the platform.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time.The user shall do its own due diligence before entering into any transaction on the platform. Recykal at it’s sole discretion reserves the right to refuse sale of any products to anyone at any time. The User(s) whose Accounts have been temporarily or indefinitely suspended by Recykal shall be able to purchase the products on the platform.
AMENDMENT TO THE AGREEMENT
Recykal reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the platform. If You do not agree to such provisions, You must stop using the platform with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.
INTELLECTUAL PROPERTY RIGHTS
Recykal is the sole owner and the lawful licensee of all the rights to the platform and its content ("Platform Content"). Platform Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the platform. The Platform Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Platform and the Platform Content shall remain with Recykal, its affiliates or licensors of the platform, as the case may be.
TERMINATION
Recykal reserves the universal right to deny access to particular User(s) to the platform without any prior notice or explanation in order to protect the interests of Recykal and/ or other User(s) of the platform. IIL reserves the right to terminate or refrain the users from accessing the platform for any of the following reasons:
(a) If any false information in connection with their account registered with Recykal is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
(g) If such User(s) obtains by any means another registered User(s) Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
DATA PROTECTION
Personal information supplied by User(s) during the use of the Platform is governed by Recykal’s privacy policy ("Privacy Policy"). Please click here to know about the Privacy Policy.
LIMITATION OF LIABILITY/DISCLAIMER
The products sold on the platform are provided on an " as is " and " as available " basis, and Recykal hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. Any material downloaded or otherwise obtained through the platform is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from platform or through or from the platform shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall Recykal be held liable for any delay or failure or disruption of purchase of products through the platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Recykal, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Platform including but not limited to User(s)’s breach of any of the terms and conditions of this Agreement and/or any claims asserted by Third Party Rights claimants or other third parties relating to products offered. User(s) hereby further agree to indemnify and save Recykal, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to Recykal. User(s) hereby agrees that Recykal shall not be liable to any party for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise.
NOTICES
All notices or demands to or upon Recykal shall be effective if in writing and shall be deemed to be duly made when sent to Rapidue Technologies Private Limited, Sy No. 134/2, Platinum Street, Whitefield, Gachibowli, Hyderabad, Telangana - 500032.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform.
GOVERNING LAW AND DISPUTE RESOLUTIONS
This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. Recykal considers itself and intends itself to be subject to the jurisdiction of the Courts of Hyderabad, Telangana, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.
MISCELLANEOUS
Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Recyka’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be Recykal’s waiver of that right or Recykal’s waiver of the right to act with respect with subsequent or similar breaches.
Recykal shall have the right to assign its obligations and duties in this Agreement and in any other agreement in relation to anything pertaining to the platform.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
Any complaints or concerns with regards to the platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at Rapidue Technologies Private Limited, Sy No. 134/2, Platinum Street, Whitefield, Gachibowli, Hyderabad, Telangana - 500032 or through an email signed with the electronic signature sent to grievance@electronicdeals.in
The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Recykal with respect to access to and use of the Platform, superseding any prior written or oral agreements in relation to the same subject matter herein.
