Terms & Conditions

Welcome!! This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines ) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Recycledevice website and mobile application (hereinafter referred to as "Platform")

WHAT IS RECYCLEDEVICE?

Recycledevice is an online platform where an owner of old/used keypad mobile phone. Smartphone, Tablet, Laptop, Smart Watch etc. can sell at best resale assured value.

TERMS AND CONDITIONS FOR USE OF THE PLATFORM

1. Any person who accesses/browse or otherwise use the platform 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, user declare to have carefully read, understood, and agree to be bound by these Terms and Conditions. Recycledevice may at its sole discretion allow or disallow access to platform and reserves the right to change any of the terms and conditions contained herein at any point in time. It is user’s responsibility to periodically review these Terms of Use, Terms and Condition for any update and changes and user’s continued use of the Platform will be considered as user’s acceptance to such updates and changes. These Terms supersede all previous terms and conditions communicated to you by us, for the use of the Platform and all rights and liabilities of Recycledevice with respect to any goods/services to be provided will be limited to the scope of these Terms.
2. That the terms and conditions list below and such other policies or terms as may be prescribed for time being in force together constitute a legally binding agreement between you and company, if you want to access our platform you are requested to read all the terms carefully before accessing the platform.
   • Privacy policy
   • Terms Of use
   • Legal
   • Terms and Condition
3. This document is an electronic record in terms of the Information Technology Act, 2000 ( “IT Act” ) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures
4. In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Recycledevice shall not be held liable for any transaction between the User and any such third parties.

GENERAL TERMS

1. EFFECTIVE DATE

   These terms of use shall come into force as soon as services of the platform are availed by the user, not limited to quote generation and order placement.

2. PROVISION OF SERVICES/ GOODS
   • You must register on the platform in order to access and use the services. Further Recycledevice reserves the right, without prior notice, to restrict access to or use of certain Services ( or any features within the Services ) subject to other conditions that Recycledevice may impose in its discretion.
   • In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. Recycledevice disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).
   • User agrees and confirms that any Services provided to you by Recycledevice are on best efforts basis and Recycledevice may engage services of third-party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
   • User acknowledges that the Services are being provided to you on an ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using, or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
   • Recycledevice may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered with Recycledevice.
3. ELIGIBILITY

   That the platform can be used by only those who can form a legally binding contract as per the terms and conditions of Indian Contract Act, 1872. However, if any minor has shared/ provided any information on the platform of Recycledevice without the supervision of parents /guardian, in that case parent/guardian can contact our grievance officer between office hours.

   For the purposes of these Terms, the term ‘persons’ shall mean any individual, sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

4. USER ACCOUNTS AND VERIFICATION OF ACCOUNT
   • User must be registered on the Platform to access or avail the Services for its use. User agree and acknowledge that he/she will transact on the Platform only for the purpose of selling his/her old device. Except with Recycledevice’s approval, one User may only register one account on the Platform. Recycledevice may cancel or terminate a User’s account if Recycledevice has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Recycledevice may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
   • A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorized by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
   • When you access the Platform, you are electronically communicating with Recycledevice. Recycledevice may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Recycledevice with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Recycledevice.
   • While registering the User account on the Platform you will be required to furnish details about you and with respect to your order including without limitation, address, phone number, details of respective mode of payment and/ or any other information that may be required by Recycledevice to provide in relation to your order. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, Recycledevice reserves its right to take appropriate steps as set forth under Clause 6 & 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third-party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you, from time to time and you consent to provide such additional information to continue using the Platform.
5. BREACHES AND SUSPENSION
   • You agree that
     • • You will not copy, reproduce, download, re-publish, sell, distribute or any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and
       • You will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Recycledevice,
     • Recycledevice may allow User’s access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties’ terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Recycledevice has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites
     • You agree not to undertake any action which may undermine the integrity of Recycledevice’s feedback system.
     • You agree that the Services shall be availed by you only for the purpose of sale of your own personal electronic gadgets.
     • By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Recycledevice or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Recycledevice to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Recycledevice that you have all the rights, power, and authority necessary to grant the above license.
     • User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles:
       • User shall not host, display, upload, modify, publish, transmit, update or share any information which:
         • Belongs to another person and to which User does not have any right to;
         • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
         • Is misleading in any way;
         • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
         • Harasses or advocates harassment of another person;
         • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using Recycledevice’s communication Platform;
         • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
         • Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
         • Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
         • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
         • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
         • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
         • Contains video, photographs, or images of another person (with a minor or an adult);
         • Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
         • Engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Recycledevice's prior written consent means a communication coming from Recycledevice's Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
         • Solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
         • Interferes with another user’s use and enjoyment of the Platform or enjoyment of any similar Services;
         • Refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
         • Harm minors in any way;
         • Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
         • Violates any law for the time being in force;
         • Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
         • Impersonate another person;
         • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
         • Threatens 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.
         • Shall not be false, inaccurate or misleading.
         • Shall not, directly, or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
         • Shall not create liability for Recycledevice or cause Recycledevice to lose (in whole or in part) the Services of our internet service provider ("ISPs") or other suppliers.
       • You shall not use any "deep-link", "page-scrape", "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 Platform or any content on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Recycledevice reserves its right to bar any such activity.
       • User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
       • Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.
6. USERS GENERALLY
   • If any User breaches any Terms, or if Recycledevice has reasonable grounds to believe that a User is in breach of any Terms, or could subject Recycledevice or its affiliates to liability, or is otherwise found inappropriate or unlawful in Recycledevice’s opinion, Recycledevice shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
     • suspending or terminating the User’s account and any and all accounts determined to be related to such account by Recycledevice in its discretion;
     • blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
     • removing any product listings or other User Content that the User has submitted, posted or displayed;
     • withhold settlement of payments by Recycledevice to the User;
     • any other corrective actions, discipline or penalties as Recycledevice may deem necessary or appropriate in its sole discretion.
   • Notwithstanding anything contained herein these Terms, Recycledevice may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform etc.
   • In the event a User becomes inactive or if no transaction is noticed by Recycledevice, in such a case Recycledevice reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
   • Recycledevice reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, Recycledevice may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a legal action.
   • If it comes to the knowledge of Recycledevice or Recycledevice reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, Recycledevice shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.
7. LIMITATION OF LIABILITY

   In no event shall Recycledevice be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

   • The use or the inability to use the Services or Products
   • Unauthorized access to or alteration of the user's transmissions or data
   • Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Recycledevice shall not be held responsible for non-availability of the Recycledevice during periodic maintenance operations or any unplanned suspension of access to the Recycledevice. The User understands and agrees that any material and/or data downloaded at Recycledevice is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Recycledevice’s liability shall be limited to an amount equal to the Products purchased value bought by You.
8. INDEMNITY

   You shall indemnify and hold harmless Recycledevice, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms and Conditions, Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

9. ACCESS OUTSIDE THE REPUBLIC OF INDIA

   Recycledevice makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

10. TRADEMARK, COPYRIGHT AND RESTRICTION:

    All information, content and material contained on the Platform are and continue to be Recycledevice’s intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Recycledevice. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.

    The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Recycledevice or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain

11. COMMUNICATION AND UNSUBSCRIPTION

    You hereby understand that with your registration onto the Platform, you may receive notifications from Recycledevice in the form of SMS messages on their registered mobile number or e-mails or in-app notification, WhatsApp notifications. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, Recycledevice may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while Recycledevice endeavours to provide these notifications and reminders to you, Recycledevice does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from Reliance at any time by following the procedure set forth on the Platform.

12. TERM AND TERMINATION

    These Terms shall be effective from the date of their publication on the Platform.

    Recycledevice reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if Recycledevice is unable to verify or authenticate any information submitted by you.

    You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to fulfil any obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

13. FORCE MAJEURE

    Recycledevice will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Recycledevice’s reasonable control. Force majeure is not limited to natural calamities but also includes 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, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals.

14. WAIVER

    No provision in these Terms will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Recycledevice. Any consent by Recycledevice to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

15. SEVERABILITY

    If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction

16. GOVERNING LAW & JURISDICTION:

    These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Gautam Budh Nagar, Noida. The place of jurisdiction shall be exclusively in Gautam Budh Nagar, Noida.

17. GRIEVANCE OFFICER

    In accordance with applicable laws, you may contact the Grievance Officer for any issues or concerns at the following address:

Name: Ravi Shandilya

Email: grievances@recycledevice.com