Terms of Use

Please read these terms of use carefully before using this website or mobile application ( hereinafter referred to as "Platform" ). These platform terms of use (the “terms of use”) govern your access to and use of the platform. The platform is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all the terms of use, do not access, or use the platform. by accessing or using the platform, you, and the entity you are authorized to represent (“you” or “your”) signify your agreement to be bound by the terms of use.

This is a legally binding contract between “you” and “Recycledevice”, Relcube India Pvt. Ltd., which provides services for purchasing, selling, recycling and/or donating of used consumer products (the “buyer & seller services”). Recycledevice acts as a platform where one can sell his/her old phone and laptop and can also buy a refurbished phone or Laptop and the Recycledevice will have no labilities towards any fraudulent transaction. In document below “we”, “our”, “us” is used for Recycledevice and Recycledevice’s buyer & sellers collectively.

1. You certify that you are the legal owner of the gadget that you want to sell.
2. You are an individual of above 18 years of age and are fully able and competent to understand and agree to the Terms.
3. You have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder.
4. The address you provide when placing the order on the Platform is the Seller place of residence/office.
5. You shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any User Content that you submit, post or display;
6. All initial quotes are pending our evaluation of your gadget and no binding offer is made until we have had a chance to inspect the gadget. We reserve the right to refuse to offer to purchase any item that you offer to sell for any reason we deem, in our sole discretion, to be sensible. We reserve the right to change our quote at any time.
7. Should you be given a quote via our platform/affiliates AND we, upon inspection of your gadget, have paid you that quoted amount, you are legally and contractually bound to sell us the gadget.
8. Should you be given a quote via our platform and upon inspection your gadget is A) a different model than originally quoted, B) missing any parts, C) in a different condition than stated, we, in instances mentioned heretofore and beyond, reserve the right to change or revoke our offer.
9. All gadgets sold must compulsorily be attached with the following documents:
   • self-attested ID-proof (government approved) of owner of old gadget.
   • self-attested indemnity bond provided by us.
10. Lawful Sales Only. You must own the right, title and all legal interest in the gadget or other articles you sell us. Your sale or, shipment of any such article must not violate any law, regulation or statute of any jurisdiction. You may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, software, license or other legal right or restriction via your shipping or selling of the picked-up article. The article you sell must be free of all legal restrictions that would affect the value of the article, restrict your legal right to transfer ownership of the article (including the article itself, softwares present on the article, or hardware on or inside the article). You must refrain from violating any export laws or restrictions. The article you sell (including all related materials, software and add on hardware) may not be counterfeited, stolen, or contain harmful or offensive content of any nature. You agree to indemnify and hold Recycledevice, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of
    • your access to or use of Services,
    • your violation of these Terms & Conditions,
11. It is also your responsibility to wipe, clean or delete data on your Gadget being sold via Recycledevice. You confirm that all the data in the said device will be erased before handing it over. You also confirm that in-spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Recycledevice or the Third-party buyer shall not be responsible for the same and you will not approach Recycledevice for any retrieval of the data.
12. You understand once a device is sold by you via Recycledevice, in no scenario can this device be returned to you.
13. You understand that Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted on Recycledevice platform.
14. We reserve the right to modify this agreement at any time without giving you prior notice. Your use of our platform, any of our tools and services, following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Terms and conditions modifying the Agreement are effective immediately upon publication.
15. You will be solely responsible to ensure that the device is handed over to us within the time slots confirmed mutually. If you did not handover the device within the time slot, then two more attempts will be made by us before cancelling the order.
16. Seller may be required to promptly furnish additional documents or information as and when requested by Recycledevice to continue using and accessing the Platform and availing the Services. Seller agrees to promptly provide such additional documents and information, failing Recycledevice reserves its right to take appropriate measures as set out under Clause 6&7 (Breaches and Suspension, liability) of the General Terms (terms and conditions).
17. Your consents to the inclusion of the contact information about you in Recycledevice’s database and usage of the same as per Recycledevice’s privacy policy.

LIEN

We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to sell the Shipments in the manner which we may deem fit. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments.

FEES AND CHARGES

• For any additional services availed by the you from Recycledevice, Recycledevice will charge additional charges for any such additional services. Recycledevice may enter into a separate bi-partite contractual arrangement with the you for provisioning of such additional services to the you. Recycledevice reserves its right to levy penalty or late payment charges in case of delay by the you in clearing any dues payable to Recycledevice.
• The charges shall be subject to applicable taxes, as per prevailing applicable laws. you shall deduct income tax as applicable against the amounts payable to Recycledevice if required by applicable law, except to the extent where Recycledevice submits a nil/reduced withholding certificate. you shall remit the withholding taxes to the relevant tax authorities and enable Recycledevice to claim a tax credit by providing an appropriate and timely certificate of withholding as stipulated under the applicable law.

LIMITATION OF LIABILITY AND INDEMNITY

We shall not have any liability whatsoever for any claims arising from:

• Any of your acts or omissions;
• Compliance with the instructions given by you or any person acting on your behalf;
• An act or order of any government authority;
• The insufficiency of the packing or labelling of Shipment;
• The nature, description, or contents of the Shipment;
• Any force majeure event;
• Any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or
• Any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.