Introduction:
Please read these terms of use carefully. These Terms of Use outline the agreement (“Agreement”) between you, the user (“User” or “Customer”), and Scrapoto (“we,” or “us”), governing your use of the website (www.scrapoto.in), mobile application, and any associated services, features, and content (collectively referred to as “Services”). By accessing, browsing, or transacting on Scrapoto, you acknowledge and agree to these Terms of Use, in conjunction with our various policies, including the Privacy Policy available on the website and application. Please carefully read and understand the following terms before using our Services. If you do not agree with any part of these terms, refrain from using the website or application.
Terms of Use and Legal Framework
This document constitutes an electronic record under the Information Technology Act, 2000, and its applicable rules, along with provisions related to electronic records in various statutes, as amended by the IT Act. It is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, reflecting the necessity to disclose rules, regulations, privacy policies, and Terms of Use for accessing or using the Website and Application. Notably, this electronic record is generated by a computer system and does not necessitate physical or digital signatures.
This electronic record operates under the jurisdiction of the Indian Contract Act, 1872, and the Consumer Protection Act, 2019, including associated Rules, Regulations, and notifications. We emphasize that the rules and regulations may be updated, and users are advised to review them periodically. We reserve the right to modify or discontinue the current Terms of Use, the Application, or Services at any time, with or without prior notice.
As part of our commitment to providing a seamless user experience, we enhance and update the Website and Application regularly. Users can ascertain the applicable terms by referring to the “LAST UPDATED” legend above. It is the user’s responsibility to check the terms periodically for any modifications. Additionally, if there are substantial changes, your consent may be required before further use of the Services is permitted. This dynamic nature ensures that our users are informed and engaged in our evolving services.
Terms of Use and Platform Overview
Your continued use or access to the Website and/or Application following any modifications to these terms signifies your acceptance of the changes, provided no separate consent is sought.
(i) Ownership and Operation: The domain name www.scrapoto.com and the mobile application are owned and operated by Scrapoto, a company duly incorporated under the provisions of the Companies Act, 1956. Collectively referred to as the “Website,” this platform serves as an internet-based portal.
(ii) Platform Functionality: The Website functions as a classified publishing platform, offering transaction facilitation services with a stated commission for each completed transaction. It is important to note that Scrapoto is not involved in the deregistration or cancellation of registration certificates for vehicles, a process exclusively handled by Regional Transport Officers. Additionally, the Website serves as an information platform where users and sellers connect for their transactions. The Services are available to natural persons who have duly registered as users, as determined by Scrapoto from time to time. The terms “You,” “Your,” “Yourself,” or “User” include individuals accessing the Website, whether as registered users or visitors.
(iii) Transactional Independence: You expressly acknowledge that Scrapoto cannot be a party to or control any transaction on the Website, except as provided in this document. Scrapoto does not intervene in transactions in any capacity beyond what is explicitly outlined in this agreement.
(iv) Content Usage Authorization: You are granted authorization solely to view and access the content on the Website to avail Services, such as ordering, receiving, delivering, and communicating, strictly adhering to the Terms of Use. The entirety of the Website’s content, including information, text, graphics, images, logos, button icons, software code, design, and the arrangement of content (collectively referred to as “Scrapoto Content”), is the exclusive property of Scrapoto, safeguarded under copyright, trademark, and other Intellectual Property laws. Users are expressly prohibited from modifying Scrapoto Content, reproducing, displaying, publicly performing, distributing, or using it for any public, commercial, or personal gain.
(v) Privileges and Compliance: Compliance with the Terms of Use entitles the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
(vi) User Registration: To facilitate transactions on the Website, Users must complete the required form or registration process as outlined by Scrapoto. This ensures a streamlined and secure process for engaging with our platform.
As part of the comprehensive form-filling or registration process, or through various interactions, Scrapoto diligently collects specific personal information from Users, ensuring transparency and user-centric data practices. The collected data is shared with our esteemed Scrapping Partners to facilitate seamless transactions. The information includes:
(a) Name: Your full name to personalize and address you accurately.
(b) User ID: A unique identifier for efficient record-keeping and user management.
(c) Email Address: For communication purposes and updates related to your transactions.
(d) Address: To enhance service delivery, including country and ZIP/postal code.
(e) Gender: A non-mandatory field for better customization of services.
(f) Age: To ensure compliance with age-related regulations and for tailored services.
(g) Vehicle Details: Comprehensive information about your vehicle, including chassis number, registration number, year of manufacture, brand, etc., streamlining the scrapping process.
(h) Photographs of RC Book: Visual documentation for authentication and verification.
(i) Photographs of Vehicle: A visual record aiding in the scrapping process.
(j) Phone Number: Essential for communication and transaction-related updates.
(k) Valid Financial Account Information: Securely handled to facilitate financial transactions and commission payments.
(vii) Eligibility and Return Policy:
(vii.A) Eligibility Criteria: Registration and use of the Website are exclusive to natural persons, excluding those deemed ‘incompetent to contract’ under the Contract Act. Minors and un-discharged insolvents are ineligible for registration or use of the Website.
(vii.B) Return and Refund Policy: Once a vehicle is delivered for scrapping, no return requests will be entertained. Scrapoto offers comprehensive services, including doorstep pickups, handing over vehicles to recyclers, and returning Chassis Number Plates and Number Plates through authorized logistic partners. In the rare event of courier misplacement, Scrapoto will assist in reporting the loss, but no compensation is payable to the User.
(viii) Indemnification: You agree to indemnify and hold Scrapoto, its affiliates, directors, advisors, employees, agents, partners, suppliers, or content providers harmless from any third-party claim, demand, or action, including reasonable attorneys’ fees, arising from your breach of these Terms of Use, Privacy Policy, or other policies, or violation of laws or third-party rights. Scrapoto reserves the right to assume exclusive defense and control of any matter subject to indemnification, with your cooperation in asserting any available defenses.
(ix) Privacy Policy Integration: Scrapoto’s Privacy Policy, a crucial part of these Terms of Use, governs the collection, use, and disclosure of personally identifiable information. Users are urged to carefully review this integral document.
(x) Additional Indemnification Clause: You shall indemnify and hold Scrapoto harmless from any third-party claims, demands, or penalties resulting from your breach of these terms, Privacy Policy, or violation of laws or third-party rights. Scrapoto reserves the right to assume exclusive defense and control, with your cooperation in asserting defenses.
(xi) Disclaimer of Warranty: Your use of the Website and Services is solely at your own risk. We do not guarantee compatibility with all hardware and software you may use.
(xii) No Warranties: Scrapoto makes no promises about the accuracy, completeness, or functionality of the Website or any linked sites. The Website and Services are provided “as is” and “as available” without warranties of any kind, express or implied. This includes but is not limited to, warranties of title, non-infringement, merchantability, fitness for a particular purpose, uninterrupted use, security, or error-free performance.
(xiii) Use at Your Own Risk: Downloading or obtaining any materials through the Website or Services is done at your own risk. You are solely responsible for any damage arising from such use, including damage to your device, data loss, or corruption.
(xiv) Limited Liability: Scrapoto, its directors, employees, agents, advisors, partners, suppliers, and content providers are not liable for any damages arising from your use of the Website or Services. This includes but is not limited to, lost profits, data loss, goodwill, or any other incidental, consequential, punitive, or indirect damages. Scrapoto’s maximum liability under any circumstances is limited to the amount you paid for the Services within the past 12 months, with a maximum cap of INR 1,000.
(xv) Force Majeure: We shall not be held accountable for any delay or failure in performance, whether in whole or in part, arising from circumstances beyond our control. These include but are not limited to acts of nature, labor disputes, strikes, acts of God, floods, epidemics, pandemics, lightning, severe weather conditions, shortages of materials, rationing, the introduction of any virus, Trojan, or other disruptive mechanisms, hacking events, illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand, or requirement having legal effect imposed by any government or judicial authority.
(xvi) Applicable Law: These Terms are subject to the laws of India, governing their interpretation and construction. Exclusive jurisdiction for any matters arising from these Terms resides with the courts in Bengaluru.
(xvii) Dispute Resolution: In the event of a dispute related to these Terms, including their validity, the parties will strive for an amicable resolution initially. The attempt for amicable settlement is deemed unsuccessful once either party, after making reasonable attempts lasting at least 15 calendar days, provides written notice of such failure to the other party. Upon failure of amicable resolution, the dispute shall be submitted to a sole arbitrator, appointed by Scrapoto. Arbitration proceedings will adhere to the Indian Arbitration and Conciliation Act, 1996, taking place in Bengaluru, with English as the language of arbitration.
(xviii) Contact Us: For all inquiries, questions, or comments (excluding those related to copyright infringement) concerning this Website, please reach out to us. Your communication is essential to us, and we are committed to addressing any concerns or feedback promptly. We value the opportunity to engage with our users and ensure a seamless experience on our platform.
(xix) Grievance Officer: Aligning with the mandates of the Information Technology Act, 2000, and its associated regulations, we have duly appointed Mr. Siddharth to serve as the Grievance Officer. For your convenience, we furnish the pertinent details to facilitate effective communication and resolution:
- Name: Mr. Siddharth
- Email: Support@scrapoto.com
- Availability: Monday to Friday, from 9:00 AM to 6:00 PM
Rest assured, our Grievance Officer is committed to addressing any concerns or grievances promptly and ensuring compliance with the regulatory framework. Please feel free to reach out during the specified hours, and we appreciate your cooperation in maintaining a transparent and accountable online environment.
