TERMS OF USE

Published on 08 March 2023

Welcome to the scrap.metaslplanet.com (the “Website”) which is operated and maintained by E-commerce vertical of Toyota Tsusho India Private Limited (“Website/ Us/ Our’s/ Our/ Company/ TTIPL”)

This Terms of Use shall hereinafter be referred to as Terms of ToU

The Website enables any entity (User/s) choosing to register, for posting advertisements of metal scrap or viewing advertisements of scrap metal and collecting the phone number of scrap seller on the Website (“Marketplace”).

TTIPL wishes to maintain a safe, fair, and enjoyable Marketplace for the Users. We ask that you review and understand our policies, including Privacy Policy, before you register on the Website. By completing the registration process, the User is agreeing to TTIPL’s E-commerce rules and policies that shall govern and regulate all of User’s activity through/on the Website.

Additionally, in the event TTIPL or a third party provides/makes available third-party services, such services made available by the third party on the Website, shall be subject to terms, guidelines and conditions published on their Website and made available to the User. TTIPL does not represent or take liability, TTIPL does not in any way either directly or indirectly control, or conduct any activities thereto or otherwise.

We would like to assure the User that our policies are intended to (i) follow laws and regulations; (ii) minimize risks to Users; (iii) make sure that no one has an unfair advantage (iv) create an enjoyable User experience; (v) protection of Intellectual Property Rights.

TTIPL retains the right to, at any time at TTIPLs’ sole discretion, deactivate or otherwise restrict User from accessing or using the Website in the event of: (i) a violation of this ToU, (ii) User’s disparagement of TTIPL, (iii) User’s violation of laws, or violations of the Terms of Use as set forth within the Platform, or (iv) User’s act or omission that causes harm to TTIPL’s brand, reputation or business, each as determined by TTIPL in its sole discretion. TTIPL also retains the right to deactivate or otherwise restrict User from accessing or using the Website for any other reason at the sole and reasonable discretion of TTIPL.

1.    Definitions and Interpretation
   1.    Unless the context indicates otherwise, the words and expressions set out below shall bear the following meanings and cognate expressions shall bear corresponding meanings:

      (i)   "Affiliate" shall mean a person or entity directly or indirectly in Control, of or is Controlled by, or under the common Control with a Party and shall include parent companies of such Party

      (ii)   "Claim" or "Claims" shall mean any and all foreseeable or unforeseeable and alleged or actual actions, causes of action (whether in tort, agreement or strict liability, and whether in law, equity, statutory or otherwise), claims, demands, lawsuits, legal proceedings, administrative or other proceedings or litigation;

      (iii)   “Content” shall mean all information, content and images, including without limitation, the Materials information, (a) provided or made available by User or its Affiliates to Website or its Affiliates or Service Providers for use in connection with the Marketplace Program and (b) otherwise made available by User or its affiliates to Customers on the Website (e.g., through User’s hosting of such information, content or images);

      (iv)   “User Information” shall include but is not limited to User Content, User’s name, phone number and details such as GST No., PAN card and such other documents TTIPL may require at the of the User Request and any other requisite information as may be required by TTIPL for registration purposes of the Website or for allowing the access and use the services rendered thereto.

      (v)   “Intellectual Property Right” means any patent, copyright, trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, logo, moral right, trade secret and any other intellectual property right arising under any law and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing;

      (vi)   “Law” shall mean any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental, judicial and quasi-judicial authority of competent jurisdiction in India;

      (vii)   “Material/s” means the metal scraps that the User desires to advertise on the Website, and approved by TTIPL, and as reflected on the Portal;

      (viii)   “Material Information” means the information that Website requires as pre- requisite details to enable the User to list the Material(s) on Website;

      (ix)   Marketplace Program” means the User’s right of access to the Portal and the rights granted by the TTIPL to advertise and view information about the Materials for sale on the Website;

      (x)   “Privacy Policy” means the ScrapmetalsPlanet’s privacy policy that inter-alia governs User’s use of Customer information obtained in connection with the Marketplace Program, and as may be published on the ScrapmetalsPlanet Marketplace and/or Portal from time to time;

      (xi)   “Public Promotions” means any public promotions generally available to all users ;

      (xii)   “Restricted Content” means content that:

      (a)   violates, misappropriates or infringes a third party’s rights, including but not limited to privacy, publicity or any intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights);

      (b)   contains information about or relating to firearms or any other weapons, including but not limited to their component parts, attachments, ammunition;

      (c)   contains any critical (functional) parts for aerospace, warcraft, offshore, automotive and/or medical applications;

      (d)   is contrary to or in violation of any applicable law or regulations or public policy;

      (e)   Material, are not conflict free as per the provisions of Section 1502 of U.S. Dodd Frank Act;

      (xiii)   “User” means the third party vendors, manufacturers, distributors, wholesalers, retailers, buyers and any other incorporated company, who desires to sell or purchase approved Materials(s) through Website, and who have registered itself as a User on the Website and have agreed to the terms of this ToU;

      (xiv)   “Service Provider” means a third party that provides management software and services for the Website;

   2.    No provision shall be construed against or interpreted to the disadvantage of any Party by reason of such Party having or being deemed to have structured or drafted such provision. The rule of interpretation that an agreement will be interpreted against the Party responsible for the drafting and any similar rules of interpretation shall not apply to this ToU and the Parties waive any rights they have, to rely on such rules.
   3.    Terms other than those defined within this ToU, Privacy Policy and any other agreement that may be in force will be given their plain English meaning, and those terms, acronyms, and phrases known in the information and communications technology industry shall be interpreted in accordance with their generally accepted meanings.
   4.    Any reference in this ToU to legislation or subordinate legislation is to such legislation or subordinate legislation at the date of signature hereof and as amended and/or re-enacted from time to time.
   5.    Words importing the singular shall include the plural, and vice versa, words importing the masculine gender shall include the feminine and neuter genders, and vice versa, and words importing natural persons shall include legal persons, and vice versa.
2.    Registration at Website
   1.    This Terms of Use (“ToU”) and Privacy Policy shall constitute as an electronic record and shall be published in compliance of and governed by the provisions of Indian law(s), including but not limited to, the Indian Contract Act, 1872, the Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
   2.    Use of this Website or registration made by You unequivocally constitute acknowledgment, deemed consent and acceptance to conditions mentioned herein in this ToU.
   3.    For the purpose of this ToU, wherever the context so requires,

      (i)   The term ‘you’, ‘your’ and ‘User’, shall mean any legal person or entity accessing or using the services provided by the TTIPL, who is competent to enter into binding contracts.

      (ii)   The terms ‘we’, ‘us’, ‘our’ “TTIPL” “Company” shall mean Toyota Tsusho India Private Limited, as the context so requires.

      (iii)   The term ‘Services’ shall mean various functions and features available on the Website such as providing services to Users to advertise and view advertisement on payment of the requisite posting fee or the Subscription charges.

   4.    Any aberration of terms of this ToU shall constitute breach and we have rights to seek legal remedies against the breach committed by You or take any other actions as permissible under the laws of India.
   5.    We hold rights and discretion to amend the outlined terms and conditions anytime and will publish it on the Website from time to time.
   6.     You shall read the ToU updated in Website periodically. These terms may not otherwise be modified by any other person except by an authorized officer of scrap.metalsplanet.com.
   7.    Website will assign a sensitive confidential password generated account ("Account") for each User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
   8.     By becoming a Registered User, you consent to the inclusion of your personal data in our database and authorize Us to share such information with other related third parties as and when required on a need to know basis.
   9.     Registered User shall not use the User account for junk mail, spamming or transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature.
   10.     Further, the Registered User shall not use the User Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
   11.     Website may refuse registration and deny the Email Account and associated User ID and Password to any User.
   12.     In case you chose to discontinue your association with us, you can delist your account by following procedure prescribed in the Website. However the posting fee or subscription charges if any shall not be refunded under any circumstance.
   13.     Registered User will not be anonymous to Website and it is deemed that you authorize Us the right to publish the desired details and information’s furnished by you.
   14.     Registered User hereby grants right to Us to use Your Intellectual Property on the Website in relation to posting the Advertisement or viewing the Advertisement.
3.    User(s)

   For the purposes of this ToU, the term shall refer to any person who accesses the Website and are registered with the Website as a User or third-party service provider or has an authenticated access to the account. User includes a person using this Website and any legal entity which may be represented by such person under actual or apparent authority.

4.    Un-Authorized User

   For the purpose of this ToU Unauthorized User shall mean and include following person (s) including but not limited to

   (i)   Any person who attempts or accesses or manipulates the account, with a mala fide intent either by itself or through its representatives and assigns or otherwise;

   (ii)    Any person who does not have a legal or a contractual right or capacity or is not legally qualified in any manner shall not access the Website or;

   (iv)    Any person who willfully provides the wrong information to the Website.

   (v)    Any person, who has been denied access by the Website for whatsoever reasons;

   (vi)    Any person who performs an act, which We may consider as unethical, unwarranted or deems to be the exponential threat or otherwise.

   (vii)    Any person who attempt to gain unauthorized access to any portion or feature of the Websites or any other system or networks connected to the Website or any other services offered through the Websites, and/or other accounts not belonging to you, or violate security of any portion of the Websites, by hacking, password mining or any other means;  

   (viii)    Any person who performs unlawful or prohibited use of the Website, or anyone who abridges the duty of not to upload, post or otherwise transmit via the online mediums any content that:

   (i)   is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable;

   (ii)   constitutes unauthorized disclosure of personal or confidential information;

   (iii)   infringes any intellectual property rights or any rights of any party;

   (iv)   contains viruses, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity and obtain sensitive personal or financial information.

   (v)   impersonate an employee or a representative of Our’s, its divisions and subsidiaries;

   (vi)   misrepresent your identity or affiliation with a person or entity;

   (vii)   obtain or attempt to obtain any information, materials or documents not purposely made available through the Website or online mediums through any means;

   (viii)   attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites or to restrict or inhibit any other user from accessing or using the Websites, by means of hacking or defacing any portion of the Websites;  

   You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account.

   You accept sole risk of unauthorized access to your account. Website will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge.

   You may be held liable for losses incurred by the Website or any other user or visitor to the Website due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.

5.    Website Access: User Accounts
   1.     In order to access the Website and/or Marketplace Services offered on and through the Website, you must register on the Website to create an account. You shall be solely responsible for maintaining the confidentiality and security of the account, and for all activities that occur on or through the account in the Website, and you agree to immediately notify Website of any security breach of your account.
   2.     TTIPL shall not be responsible for any losses arising out of the unauthorized use of your account. As an account holder and user of the Website, you agree to comply with the guidelines that will be in force and you acknowledge that TTIPL has the right to enforce those guidelines, as it deems appropriate in its sole discretion. You agree to provide accurate and complete User Information when you register with, and as you use, the Website ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that TTIPL may store and use the Registration Data, you provided for maintaining the User’s account.
6.    Password protections and responsibility. 

   Access to and use of password protected areas of the Websites is restricted to authorized users only.  You agree that you:

   (i)   will provide current, complete and accurate identification, contact and other information about You as you may be prompted by the registration process on the Website;

   (ii)   are responsible to maintain, keep current and update any registration data and other information you provide to Website.

   (iii)   are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and

   (iv)   will notify Us immediately of any Unauthorized access or use of your account or password or any other breach of security.

7.    Use of Website Content
   1.     Except as expressly provided in these Guidelines or the Terms of Use, no part of the Website Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without TTIPL’s express prior written consent from the authorized person.
   2.     Restricted Activities:

      (i)   You may 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 Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

      (ii)   TTIPL reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any TTIPL server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

      (iii)   You may not 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 Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of TTIPL, including any TTIPL account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Website.

      (iv)   You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TTIPL’s systems or networks, or any systems or networks connected to the Website or to TTIPL. You agree not to use any device, software or router to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

      (v)   You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TTIPL on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

      (vi)   You may not use the Website Content for any purpose that is unlawful or prohibited by this ToU, or to solicit the performance of any illegal activity or other activity, which infringes the rights of TTIPL or others. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Website (or any part thereof) for any purpose. Your information and your activities on Website shall not, in TTIPL’s sole and reasonable discretion: (a) be false, inaccurate or misleading or reflect negatively on TTIPL; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).

    
8.    Subscription Service

   To use the Website for posting an Advertisement you shall pay advertisement posting fee and to view the Advertisement and get the contact details you shall be required to pay a subscription fee. You can choose from the available plans that will be available in the Website. By selecting a plan and purchasing the said plan on the Website you enter into an agreement with TTIPL, the terms of which are set out herein as may be amended at the sole discretion of TTIPL from time to time. Further, you continue to be bound by the Terms in connection with your use of the Website and the Services that will be force and amended from time to time. Any claim you may have against TTIPL must be submitted to the exclusive jurisdiction of the courts of Bangalore. TTIPL reserves the right to modify the price at which the features are made available to the Users and introduce new plans as may be deemed fit by TTIPL.

9.    Payment

   Upon selecting any plan, you may be redirected to a third-party payment-processing website such as Razorpay offering payment gateway services through various channels such as net banking, debit card and credit card (“Payment Gateway”). You agree that services will be made available to you only upon receipt of payment confirmation from the Payment Gateway. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.

   Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.

10.    Interaction between users

    TTIPL provides an on-line platform to facilitate interaction between buyers and suppliers of scrap metal. TTIPL does not represent the seller or the buyer in transactions and does not charge any commission for enabling any particular transaction. TTIPL does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the supplier/s to complete a sale. User is cautioned that there may be risks of dealing with people acting under false pretences on the Website. Website uses several tools and techniques to verify the accuracy and authenticity of the information provided by User. However, TTIPL cannot and does not confirm each User’s purported identity on the Website. TTIPL encourages User/s to evaluate the User with whom they would like to deal with and use the common prudence while dealing with them.

    1.    User agrees to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
    2.    Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, Personal safety, breach of contract and transportation accidents.
    3.    Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate third party rights, and the risk that that User may incur costs of defense or other costs in connection with third parties' assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.
    4.    Such risks further include the risks that the purchasers, end-Users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User of the Website as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website may suffer harms and/or assert claims arising from their use of such products.
    5.    User agree that TTIPL shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User agrees to release and indemnify TTIPL (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction TTIPL reserves the right to add/modify/discontinue any of the features/offers offered on TTIPL’s Website.
11.    Our right to use Registration and Advertisement Data

       TTIPL may use Registration Data in a number of different ways, including it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby grant us the following licenses: (a) a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Website: and (b) a royalty-free, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Website.

12.    MATERIALS AUTHENTICITY AND SAFETY
    1.    User who wish to post advertisements of the scrap shall ensure that Material Information are authentic, authorized for sale, and not stolen, counterfeit, illegal or misbranded.
    2.    Notwithstanding the above the User, shall ensure that the it has legal and valid title over the Material(s) listed on the Website and that such Material(s) do not infringe intellectual property rights (including rights of publicity or right of privacy) of a third party;
    3.    User will comply with, and ensure that all Materials comply with, all Materials safety, testing and certification requirements under Applicable Law(s).
    4.    TTIPL will take no responsibility if any User violated any of the above condition and it’s the responsibility of the User to verify and conduct due diligence of the Material posted in the Website.
    5.    The User who wishes to purchase may satisfy itself with regard to the required quality quantity before making any payment and or taking delivery of the Material. TTIPL will not take any liability for the same.
13.    Payments, Taxes & Refund Policy

    You agree to pay the Advertisement posting fees and subscription charges chosen by you, the charges paid by you shall be inclusive of applicable taxes or any such applicable charges that may attract for each transaction. Once the Subscription has been paid, any cancelation/non use during the term of subscription shall not qualify you for any refund.

14.    Legal Status of this Website

    You acknowledge that the Company is a merely a facilitator i.e. a marketplace platform and constituted in compliance with the applicable laws of India. As an intermediary we will not be directly involved and nor shall be liable for any transactions, arrangements agreed between the Users including and not limited to the sales terms and conditions, negotiations, pricing factors, product and its merchantability or warranty or otherwise.

15.    Confidentiality

    You further agree that the Website, (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable laws and same shall be maintained while you are associated with the Website.

16.    Intellectual Property Ownership
    1.    Technology. You acknowledge and agree that WEBSITE or its licensors own all legal right, title and interest in and to the Website, including any source code, data or other technical material related to the Website as well as any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist (“Website Content”).
    2.    Subject to the limited licenses set forth in these Guidelines and/or the Terms of Use, nothing in this ToU transfers or assigns to you any of TTIPL’s intellectual property rights in our Website Content, TTIPL Marketplace Services, including, without limitation, any source code to other services provided by TTIPL or any third party service provider through the Website (collectively, "our Intellectual Property").
    3.    Trademarks - TTIPL, the TTIPL logo, and other TTIPL trademarks, service marks, graphics, and logos used in connection with Website are trademarks or registered trademarks of TTIPL and/or its affiliates in other countries/jurisdictions.
    4.    Other trademarks, service marks, graphics, and logos used in connection with Website may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Website.
    5.    TTIPL has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of Users who repeatedly infringe copyrights or other intellectual property rights of TTIPL and/or others.
17.    Representation and Warranties

    (i)   By using the Website and its Services, the Users represent and warrant that

    (a)   All information(s) shared by the User at the time of registration is truthful and accurate;

    (b)   User will maintain the accuracy and secrecy of information provided and shall monitor the use of its account.

    (c)   User is 18 years and above and has not been disqualified under any laws within and outside the territory of India;

    (d)   The use of the Website does not violate any applicable law or regulation.

    (e)   User's profile may be deleted and their User Account may be terminated without warning at our discretion, if we believe that User is in breach of any of the terms.

    (f)   In no event the Website will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Website.

    (ii)   We represent that the Website has no expertise in the domain of intellectual property rights of anyone. As an Intermediary, our role is limited and in case you have any concern related to copyright infringement or any concerns with the website then we shall appreciate if the same is to be brought to our notice.

    (iii)   Website neither advocate nor does it endorse such products that may be deemed to be infringing or counterfeiting in nature by the virtue of their being listed on the Website nor does it endorse the infringement by such listings.

    (iv)   Website shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users and which is beyond the control of verification by Us.

18.    Usage of the Website

    Users agree to use this Website only for lawful purposes, and in a manner that You do not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of Restricted Content or disruption of normal flow of dialogue within this Website. If any User/individual /entity become aware of any inappropriate content by any User of this Website, or otherwise, kindly contact us as per the process and the details mentioned below.

19.    Activation of User Account

    User Account is activated within (2) working days from the receipt of User Information and payment of the requisite Advertisement postage fee or subscription fee as the case maybe. However, the Web pages are created as per the information/approval provided by the User.

    (a)   We reserve the right to block or delete the webpage at any time without assigning any reason etc. and the User(s) will have no claim or right whatsoever against Us under any circumstances.

    (b)   Users agree to accept communications (through Calls/Chat/ E- Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile numbers.

20.    Users Generally

    (i)   Users shall use this Website solely for their business purposes only. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website (the "Website Content") for the purpose of re-selling or re-distributing the Website Contents, mass mailing, operating a business that competes with the Website or otherwise commercially exploit the Website’s Content.

    (ii)   Some of the Website Content displayed on this Website is provided or posted by third parties ("Third Party Content"). Website is not the author of such content which may have been contributed by anonymous Users, paid content providers or registered Users. Content is the sole responsibility of the party who provided the content. Website is not responsible for the accuracy, authenticity, lawfulness or truthfulness of any Third-Party Content and shall not be liable to any User in connection with such User's reliance of such Third-Party Content.

    (iii)   In addition, Website is not responsible for the conduct of any User's activities on the Website and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

    (iv)   Website may allow Users to access content, products or services offered by third parties through their assigned hyperlinks to such Third-Party website. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of their terms and conditions of your use of such websites and We do not in any way either directly or indirectly has control over such third party's Website and links and content posted thereto. You shall use these websites based on your prudence.

    (v)   No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Website and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No User shall take any action, which imposes an undue or disproportionate large load on our infrastructure.

    (vi)   In addition the Website reserves the right to terminate the account of a User upon any single infringement of the rights of others in conjunction with use of the scrap.metalplanet.com service, or if scrap.metalplanet.com believes that User conduct is harmful to the interests of scrapmetalsplanet.com, its affiliates, or other Users, or for any other reason in scrap.metalplanet.com sole discretion, with or without cause.

21.    Users Who Post Information on the Website

    (i)   You must be a Registered User in order to post information on the Website.

    (ii)   No sales agency relationship is created between any User and Us our affiliates, directors, officers or employees by virtue of Website displaying of any of the User's information on the Website.

    (iii)   The use of our services on our website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. In the event the User is a minor i.e. under 18 (eighteen) years of age, it is advised that the Website be accessed only with the involvement of a parent or guardian.

    (iv)   All the information posted by the User is solely the responsibility of the User and the User agrees to indemnify and save Us, Our affiliates, directors, officers and employees harmless from any liability arising due to this information. Each User(s) hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information to be displayed on the Website and (b) maintain and promptly amend all information to keep it true, accurate, current and complete.

    (v)   Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) trademarks, copyrights, trade secrets, patents, license to the Website to display and use all the information provided by such User in accordance with the purposes set forth in this ToU and to exercise the copyright, publicity, and database rights the User has in such material or information, that is available in any media format now known to us or not currently in our knowledge including and not limited to User's Website / brochures / catalogs / printed material etc.

    (vi)   Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website affecting or relating to products that are offered or displayed on the Website, are hereafter referred to as "Third Party Rights. The User shall defend and hold harmless the Website against any such breach that may occur.

    (vii)   Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Website or provides to Website or authorizes the Website to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.

    (viii)   The User shall not sell the product(s) that contain any fraudulent information, Counterfeited products, stolen products or items whose sales or purchases are prohibited under the applicable Indian Laws or any such activity that promotes an illegal act, be part of a scheme of defraud, or otherwise abets or encourages the infringement or violation of the third party IP rights, creates public nuisance, unfair competition, publicity or privacy, statutes, regulations and false advertising and such products that causes defamation, threatening, libelous, harassing, be obscene or any other content or otherwise promoted the scandalous products.

    (ix)   We reserve the right, at our sole discretion, to remove any material, which we reasonably believe to be unlawful, obscene, or which may in any manner violate or subject us to liability or in any form shall create Third Party Liability or in any way it violates the terms of the ToU or is found inappropriate in Our opinion.

    (x)   We may share Your details to the government entity, including the User’s identity and contact information, if requested by the Govt. entities or Judicial authorities, as a result of a subpoena and other legal actions. We shall not be liable for damages or results thereof and User agrees not to bring any action or claim against such disclosure.

    (xi)   User agrees that We shall have no liability to User, including no liability for consequential or any other damages, in the event takes any of the actions mentioned in this section.

    (xii)   Each User hereby agrees that the information posted by them on the Website will result in business enquiries through phone calls, emails, SMS etc. from various buyers and sellers that may or may not be suitable to their business interests. WE will not exercise any control over its Users for sending business enquiries to the registered Users and will not be involved in any scrutiny of the same.

22.    License to Access Website

    Subject to the provisions of this ToU and applicable law(s) if any, the Company grants you a limited licence to access and make use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company and / or its affiliates, as may be applicable. This licence does not include any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another User/third-party; or any use of data mining, robots, or similar data gathering and extraction tools.

    This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any purpose without express written consent of the Company and / or its affiliates, as may be applicable.

    You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the Company or its affiliates' names or trademarks without the Company’s express written consent as applicable. Any unauthorised use terminates the permission or license granted by the Company, as is applicable.

23.    Limitation of Liability

    (i)   The features and services on the Website are provided on an "AS IS" and "AS Available” basis and We hereby expressly disclaim 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. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

    (ii)   Website makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the Website.

    (iii)   Website does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any third-party rights; and Website makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website.

    (iv)   Any material downloaded or otherwise obtained through the Website is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.

    (v)   Website will not be liable for delay or failure or disruption of the content or services delivered through the Website 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, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

    (vi)   Each User hereby agrees to indemnify and save Us, Our 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 such User's use of the Website (including but not limited to the display of such User's information on the Website) or from its breach of any of the terms and conditions of this ToU.

    (vii)   The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company, who may not be assigned or is authorized to disclose any information. Any such disclosure shall be at the risk of the party disclosing such information by any of the modes of communication or otherwise.

    (viii)   The User shall not impersonate or represent itself or use the name goodwill or trade secrets of the Website to any person or the third party or otherwise to any person unless We have given any authority, assignment or license in writing to perform any task for us and on our behalf.

    (ix)   Each USER hereby consents to materialize his/her business on their own and agrees that Website is not liable for any kind of business materialization on behalf of any of its USER. Such requests/complaints are not at all maintainable.

24.    Reporting of Content

    Since, the Company lists numerous products for sale offered by sellers on the website, it is not possible for us to be aware of the quality of the product listed for sale, or the veracity of the information on the products proposed to be sold by the User i.e. the seller. In the event, the User believes that the content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content "), please notify the Company immediately by following the procedure stated in the Privacy Policy. Once this procedure has been followed, the Company will make all reasonable endeavours to remove such Objectionable Content complained within a reasonable time.

25.    INDEMNITY

    You agree to indemnify and hold TTIPL, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TTIPL by any third party due to or arising out of or in connection with your use of the Website. BY USING WEBSITE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST TTIPL, AND TO HOLD TTIPL HARMLESS AND INDEMNIFY TTIPL WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY TTIPL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS ToU OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS ToU HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE TTIPL OR RECOVER ANY DAMAGES WHATSOEVER FROM TTIPL AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO WEBSITE, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TTIPL’S CONCLUSION THAT A VIOLATION OF THIS ToU HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS ToU.

26.    VIOLATION OF TERMS

    TTIPL may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TTIPL’s rights or property, or the rights or property of visitors to or Users of the Website, including TTIPL’s customers. TTIPL reserves the right at all times to disclose any information that TTIPL deems necessary to comply with any applicable law, regulation, legal process or governmental request. TTIPL also may disclose your information when TTIPL determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that TTIPL may preserve any transmittal or communication by you with TTIPL through the Website or any service offered on or through the TTIPL Site, and may also disclose such data if required to do so by law or TTIPL determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this ToU, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of TTIPL, its employees, Users of or visitors to the Website, and the public.

27.    Suspension or Termination
    1.    Termination by TTIPL. You agree that TTIPL may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this ToU or other agreements or guidelines, which may be associated with your use of the Website. You may not use the Website to impersonate or misrepresent yourself as another person, a TTIPL employee, or otherwise misrepresent your affiliation with a person or entity (TTIPL reserves the right at any time to reject, reclaim, modify or block any User, user name, user handle or other identifier, which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity, or for any other reason at TTIPL’s sole discretion). You also agree that any violation by you of this ToU will constitute an unlawful and unfair business practice, and will cause irreparable harm to TTIPL, for which monetary damages would be inadequate, and you consent to TTIPL obtaining any injunctive or equitable relief that TTIPL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TTIPL may have at law or in equity. You agree that TTIPL may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. Without prejudice to TTIPL’s rights above, TTIPL can take any legal action against you as a result of your violation of this ToU, and shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TTIPL. You agree that TTIPL will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this ToU.
    2.    Your Termination. You may terminate your account and/or stop using the Website at any time. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
    3.    Effect of Termination. Upon termination of your account, you lose all access to the Website, any data stored thereon, and your account name and Content. TTIPL will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to Website.
28.    No Agency

    You and TTIPL are independent contractors, and this ToU does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship. You will not represent otherwise.

29.    Law and Venue

    Upon completion of Registration formalities by the User, these Guidelines will form a valid ToU between TTIPL and the Customer and will be construed as if both parties jointly wrote it, governed by Indian law(s) except for its conflicts of laws principles, and any cause of action arising under or relating to this ToU must be brought exclusively in a court in Bengaluru, India.

30.    Privacy Policy

    You understand that by using Website, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with TTIPL’s Privacy Policy. For more information, please read our full privacy policy.

31.    Waiver and Severability

    Any Failure on Our Part to Enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

32.    Assignment

    We are allowed to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

33.    Notice

    If the User has any questions concerning the Website, this Terms of Use, the Privacy Policy or the Services, Company’s customer support can be reached at the following email address: contact@metalsplanet.com

    Please provide the following information in your mail:

    i.   Your address, telephone number, and email address;

    ii.   Your question;

    iii.   A statement by you that the above information in your Notice is accurate.

34.    Grievance and Redressal

If Users have any grievance with respect to the Website, including any discrepancies and grievances in relation to collection, storage, use, disclosure, transfer or any processing of information, you can contact our grievance office at:

Name:	Rajiv Kumar Kushwaha
Address:	Metals Planet 33 and 34, BIDADI INDUSTRIAL AREA, BIDADI,RAMANAGAR, Bengaluru (Bangalore) Rural, Karnataka, 562109
Phone:	+91 80-4082 3126
E-mail:	rajiv.kushwaha@metalsplanet.com

35.    MISCELLANEOUS
    1.    If any provision of this ToU or any policies are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may also be subject to separate terms that may apply when you use affiliate services, third party content, or third-party Website Content.
    2.    You agree that this ToU and all incorporated ToUs may be automatically assigned by TTIPL in our sole discretion.
    3.    This ToU will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of TTIPL. Any non-conforming assignment shall be null and void.
    4.    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5.    This ToU along with the Privacy Policy sets forth the entire understanding and agreement between us with respect to the subject matter hereof and these Terms supersede and replace any prior agreements between the Company and You regarding the Services. [15] (Confidentiality), [16] (Intellectual Property Ownership), [27] (Suspension or Termination), [17] (Representation and Warranty), [23] (Limitation of Liability), [25] (Indemnity), [30] (Law & Venue), [31] (Privacy Policy) and [36] (Miscellaneous) respectively shall survive any termination or expiration of this ToU. The parties hereto confirm that they have requested, acknowledge, and agee that this ToU and all attachments and related documents be drafted in English.
    6.    User agrees to accept and authorize TTIPL for updating the status of each transaction activity through mobile SMS and email