a. The Website www.oldsold.in (hereinafter referred to as ‘Website’),which is owned and operated by, The Ewaste People India Pvt. Ltd, a private limited company incorporated under the Companies Act, 1956, having its registered office at 30/1 Saideep, JB nagar, Andheri East Mumbai 400059, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
b. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
e. If you do not agree with any of these terms, please discontinue using the Website.
f. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. SERVICES OVERVIEW
a. The Website is an online platform which helps the Users to sell and purchase used mobile phones. b. SELLING OLD PHONES:
i. The old mobile phones will be made available to the User of the Website through shipping companies like FedEx, the Website’s delivery team or any other delivery service. ii. Netbanking, Debit card, Credit Card payments as well as Cash on Delivery options are available to make the payment for the purchase of the mobile phone. Loans are made available to the Users through gateway’s like OnEmi, HDFC bank etc. iii. Warranty for used phones: The Website provides a period of 3 and 14 days for replacement and warranty respectively. The Website may tie up with a companies that will provide warranty of additional time frame, which can be purchased separately from the Website. For More details pls read the Refund, Replacement and cancellation policy c. BUYING OLD PHONES: A User wishing to sell an old phone may log into their account and answer a few basic questions mentioned therein which will cover the present condition of the phone. Based on the condition of the phone (according to the information provided by the User) the price will be fixed and the used mobile phone shall be picked up from the address given by the User. The payment is made for the same by cash or NEFT or other modes of payment before or during the home pick up. The user has to be a legal owner of the device and should be ready to submit Proof of identity and Proof of address
To fully avail the services of the Website and use it, registration is required. The Website collects the below details as part of the registration: a. Name b. Phone Number c. Email address d. Address e. IP address and other details as visible in the form Membership of this Website is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents, as described in the Indian Contract Act, 1872. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details and if the company has reason to believe You have done so, We hold the right to permanently suspend Your account. Regardless of the reason for cancellation or termination of this User Agreement, the fee charged or products sold if any for access to www.OldSold.in is non-refundable for any reason.
The use of this Website is free of cost.. However, We reserve the right to amend this no-fee policy and charge Users for use of the Website. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
6. USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. You hereby certify that you are at least 18 years of age
b. You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
c. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation, any usage rules set forth in this Agreement.
d. You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any informationor software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained.
ii. Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to [email protected]
iii. use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or
(iii) the services and products of any Third Party (including, without limitation, the Authorized Device).
iv. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
viii. download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Websiteor any network connected to theWebsite. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit theWebsiteor Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Websiteor any affiliated or linked Website;
xii. violate any applicable laws or regulations for the time being in force within or outside India;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. xv. disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India;
7. INTELLECTUAL PROPERTY
a. Lot of information on this website belongs to the various brands owners, like specification of phones. This information is recorded manually or electronically or bought from syndication companies or from availablr websites. We make no warranties or claim for the accuracy of such information. This information is only indicative. For accutrate information pls visit the respective brand websites before making a decision.
b. All other information, content, services and software displayed on, transmitted through, or used in connection with the Website, as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
c. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
8. INTELLECTUAL PROPERTY COMPLAINTS
a. We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us / email us at [email protected]
b. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
i. You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
ii. all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
iii. theinformation and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms). For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
9. GEOGRAPHICAL EXTENT
a. The Website can be used in India. We make no representation that materials or Content available through our Website is appropriate or available for use outside any of these countries.
b. If You access or use the Website from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
a. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ on the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b. The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
c. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the Website.
d. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
11. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SERVICES ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT:
a. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c. ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
d. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
e. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
14. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
b. Stage 2: Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, India. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Mumbai, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts. All Users situated outside of India shall also be bound by the laws of Mumbai , India.
16. MISCELLANEOUS PROVISIONS:
a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
17. CONTACT US
If you have any questions about this Agreement, the practices of the Company, or your experience with the Service, you can e-mail us at [email protected]