Terms and Conditions

customer

Terms and Conditions:

  1. You agree that your personal information is correct according to your best knowledge and you assure that you’re not impersonating someone else.
  2. Company reserves the right to refuse to purchase some or all items or to limit the no. of purchases at their sole discretion
  3. Ensure that you’re the legal owner of the goods.
  4. Age restriction:
    You must be at least eighteen (18) years old to sell any electronic or electrical item.
  5. All the logos, texts, graphics, button icons, images, digital downloads, data compilations and software are the exclusive property of ZW.
  6. By providing us your phone number, you grant ZeroWaste permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver ZeroWaste related information, offers or announcements.
  7. ZeroWaste may amend the User Agreement and/or privacy and return policies at any time by posting a revised version on the Website. The revised version will be effective at the time ZeroWaste posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in the User Agreement and privacy and return policies.
  8. You should take all necessary steps to ensure that your website password is kept confidential and secure. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you are to change your password immediately and inform us in writing.
  9. You agree that the ownership of the electronic/electrical item will pass on to us once we receive it after we’ve confirmed that it matches the make, model and make the payment to you.

If during direct pick-up, the details of gadget do not match with the ones you’ve provided on the website, then in that case our representative will re-quote you the price according to the actual condition of the gadget. If you agree with the new quote, we will pay you the re-quoted amount. If you don’t agree with the new quoted amount, then there is no charge and you can keep your gadget.

Process:
  1. Registration:  You are required to register with us before placing the order for selling it to us.
  2. True and accurate information:  You agree that all the details provided by you during the registration process and further while placing the sell order are true and accurate without any misrepresentation.
  3. Placing the order:  While placing the order you agree to strictly abide by the terms and conditions of the ZeroWaste’s website. After entering the characteristics of your gadget/item, we’ll quote a price for it according to its condition, as described by you online. If you’re comfortable at selling your gadget/item at the given price, then enter your mobile number. You’ll receive an OTP (One Time Password) on the number you have registered with. As you’re entering the OTP, you’re also assuring that you’re willing to sell your gadget/item and you want to select an option for that.
  4. Home pick up:  After the order confirmation, if you’re opting for “Home pick-up” on the website, then you will have to select a time slot according to your ease indicating when our Pick-up Executive can reach you. You’ll receive a call from our Customer Support within next 12 working hours for your verbal confirmation. In next 48 hours, our Pick-up Executive will be at your doorstep for pick-up. He/She will pick-up your gadget and you’ll receive your quoted money amount in cash, right away. You can opt for smart money as well. It can be used to buy any new electronic/electrical item from one of our franchisee stores at a discounted price,which will be double the quoted money.
    Home pick-up service will result in 10% deduction of the total amount. If you’re opting for home pick-up service, then the website will automatically reduce the amount by 10% to show the final amount.
  5. Drop off:  We’ve established a few franchisee stores in your city. You can search for the one nearest to your location by one of the quick links, “Store Locator”. Take your gadget to one of these stores and they’ll hand you the quoted amount ( in cash/smart money) in exchange of your described gadget/item.
  6. Quoted price:  You agree and acknowledge that gadget/item’s quoted value offered on our Website shall be decided by us. Further, you agree that quoted amount offered on our Website are subject to change without any prior notice to you.
  7. Adjusted price:  At the time of pick-up, if the present condition of your gadget or item does not match the make, model or conditions of the sell order, an adjusted price will be quoted to you by our Pick-up Executive, representing the deductions according to its condition. If you’re comfortable with newly quoted price and  willing to sell it to ZeroWaste, the Pick-up Executive will call the Customer Support to fill out a few important details. In a few minutes, you’ll get your cash amount/smart money voucher.
    But if you choose to decline the newly quoted amount, then you can keep your gadget and there will be no extra charges.
  8. Payment:  We can pay you in cash or provide you smart money voucher. Smart money voucher will be double the quoted cash money and will allow you to buy new electronic/electrical items at discounted rates (reducing the smart money from the actual price of the new product).
  9. Amendment:  The terms and conditions of our Website ,including the quoted money for various items, may be changed at any time at our sole discretion without any prior notice to you. Hence, it is your responsibility to keep yourself updated of the new terms and conditions. Each order shall be governed by the terms and conditions applicable at that time. Any losses incurred by you due to your failure to keep yourself updated of the new terms and conditions shall be borne by you and we shall have not be liable for the same.
  10. Indemnity:  You agree and acknowledge that by sending your item/gadget to us, you agree to release us from all and any claims, losses or damages that may arise with respect to it, including any claims related to the ownership of the item/gadget and any data stored in it. Any data stored or contained in your item/gadget (whether in the form of personal details, SMS, photos, games, songs or other data) will be erased by us and we will not be responsible for any losses incurred by you due to the removal or loss of any such Data.
  11. Cases of stolen items/gadgets:  When you’re registering on ZeroWaste for selling your item/ gadget, you’re implying that you’re it’s legal owner. In case, it turns out that you’ve sold any sort of stolen item/gadget to us, then nobody can claim it or any compensation money from us. Also, ZeroWaste will not responsible in any way for the stolen item/gadget, it will be solely customer’s responsibility.pe

Service Partner Terms

Terms & Conditions (Service Partner terms)

  1. Franchisee Agreement

    This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Franchisee program (the "Program"). As used in this Agreement, "we", "us", or "our" means ZeroWaste Private Limited or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and "you" means the applicant or current Service Partners. ZeroWaste means, collectively, the zerowaste.co.in website. "You" means your organization, from where you will serve ZeroWaste customers (and which you will identify in your Program application). Enrollment in the Franchisee Program
    You have to be 18 years or above to enroll in this Program. To begin the enrollment process, you will submit a complete Program Application via e-mail or postal. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your current business model is unsuitable for the Program. Unsuitable request include, but are not limited to, those that:

    • Advertise misleading/wrong offers/deals running  ZeroWaste
    • Use affiliate links in HTML emailers, newsletters or any other form of bulk emails
    • Promote any variation or misspelling of any trademark of zerowaste.co.in
    • Promote pornography and sexually explicit materials
    • Promote violence
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
    • Promote illegal activities
    • Include any trademark of zerowaste.co.in, or its affiliates, or any variation or misspelling of any trademark of zerowaste.co.in, or its affiliates, in any domain name -- for example, a domain name such as " zerowaste.mydomain.com", " zerowaste.auctions.net", "facebook.com/ zerowastedealsgroup," would be unsuitable
    • Include any trademark of zerowaste.co.in, Inc. or its affiliates in any username, group name, or other identifier on any social networking website
    • Include any color combination or layout similar or identical to zerowaste.co.in, with the intention to deceive
    • Add products directly to the customer's cart using scripts or any tools.
    • Otherwise violate intellectual property rights.

    By participating in the Franchisee Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your current business model is thereafter determined (in our sole discretion) to be unsuitable for the Program at a later period, we may terminate this Agreement with immediate effect including withholding all your pending commission payments, with or without notice, as may be determined in sole discretion of ZeroWaste. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.

    During the registration process, it is compulsory to provide the information of all "Your current business model details and Website(s)". We record your operations and audit at our decision, the authority to withhold your payments/disable your account in case of:

    1. Violation of any terms  mentioned in the "Franchisee Terms" section
    2. Breaching customers information to competitors / others
    3. Unable to provide customer satisfaction
    4. Any attempt / act of forgery in handling material

    Further, by participating in the Program you agree that you have read and understood the contents of ZeroWaste’s Terms & Conditions and contents of the said Terms & Conditions shall be read as part and parcel of the Agreement, wherever applicable and be binding upon you.

  2. Grant of Franchise

    ZeroWaste gives you the right to operate your business using our system which includes its manual and intellectual property (i.e. brand name and trade marks). It is this grant which is the cornerstone of your agreement with the ZeroWaste. Usually the grant is only for a limited period (see Term below) and sometimes it is limited to a particular territory (refer Territory below).

    Term

    Grant of franchises is only for a limited time period of one year. During this time you are granted the right to operate your business using the franchise system. The term can come to a premature end if ZeroWaste terminates the agreement due to a default by you. Once the agreement is terminated (whether due to default or just expiration of the term) you will lose the right to conduct the business (refer Termination below). This is why it is extremely important that you ascertain that the term is sufficient to meet your investment requirements. It is also important to bear in mind when assessing the length of the term that once you have entered into the franchise agreement that your rights to cancel prior to the end of the term are minimal. The franchise agreement can be renewed if both the parties want to continue doing business together.

    Territory

    Territory will not be an issue. There will be no competition with another franchisee as the pick-ups made by them will be decided solely by ZeroWaste. The franchisee will be granted a territory but in a restrictive sense only, meaning that it cannot operate the franchise business outside the territory but ZeroWaste can grant other franchises in the area or it can itself operate the franchise business in the territory. The franchisee is granted an exclusive territory but ZeroWaste can, under certain circumstances (e.g. default, failure to meet minimum performance requirements or at its discretion) reduce that territory by adjusting the boundaries and/or, granting a further franchise in the area.

    Ongoing fees (or sometimes called franchise fee or franchise service fee) are payable on a regular basis (usually monthly) by ZeroWaste. This fee is usually calculated as a percentage of the gross revenue achieved by the franchisee but can also be a fixed monthly amount. ZeroWaste holds the right to decide whichever way they want to pay the franchise owner

  3. Franchise Fees

    There are two types of fee payable by ZeroWaste under a franchise agreement – initial and ongoing. The initial franchise fee (for the grant of the franchise) is payable on signing of the agreement. Ongoing fees (or sometimes called franchise fee or franchise service fee) are payable on a regular basis (usually monthly) by ZeroWaste. This fee is usually calculated as a percentage of the gross revenue achieved by the franchisee but can also be a fixed monthly amount. ZeroWaste holds the right to decide whichever way they want to pay the franchise owner

    Training

    It is essential that you become familiar with the requirements of the franchise system before you begin operating your franchise business. ZeroWaste will provide you with some form of initial training and you will be required to attend this and complete it to the ZeroWaste's satisfaction. You will also be required to undergo ongoing training (usually at your cost) as required by ZeroWaste and to ensure that your employees are trained in the system.

  4. Links on Us

    Once you have been notified that your application has been accepted into the Program, and subject to clause 1 of this Terms and Conditions, we grant you a training and information for the duration of the term of this Agreement, solely for purposes of facilitating your operations for ZeroWaste, to provide your service to ZeroWaste customers:

    • Customer Links:

      ZeroWaste Customer Support will provide you with customer details via website. You may select one or more pickup coordinators for providing service. A "Product" is any electronic/electrical product listed on the ZeroWaste’s Site or any product sold by the customer seller on the ZeroWaste Site. For each selected Product, we will give you a short description, review, or other reference. You will be responsible for the pickup and storage.

    • Mobile Application:

      You will be provided a mobile application which must be carried by every pickup team and will be the sole source of information about orders. All payment and transactions between customer and the service provider will be monitored by the mobile application only. We will provide you with technical specifications describing how to use mobile application for order receiving. In case of any discrepancy regarding the mobile application, an advance notification via mail asking for support is must.

      1. To permit accurate tracking, reporting, and fee accrual, we will provide you with special "user name" which will be used as links between your and the ZeroWaste. You will earn commission fees only with respect to activity on the ZeroWaste mobile application occurring directly through username; we will not be liable to you with respect to any failure by you to use the mobile application, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. You acknowledge that, by participating in the Franchisee Program, we may receive information from or about customer and you or communications between you and customer. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Privacy Notice on the ZeroWaste Site. Except for the license granted under this Section 4, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the franchisee, User name, technical specifications, guidelines or graphical artwork referenced above, or with respect to the ZeroWaste.com domain names. You also acknowledge that we (and our corporate affiliates) may crawl or otherwise monitor your operations for the purpose of ensuring the quality and reliability of customer service at your center. Therefore, you agree that we and our corporate affiliates may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates may use technical means to overcome any methods used by you to block or interfere with such crawling or monitoring). You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates. Further, you acknowledge and agree that you will: (a) ensure that any "Privacy Information" link or Zerowaste trademark (either in logo or text form) is not obscured or altered in any way or made invisible, illegible or indecipherable to visitors of your office; (b) use any data, images, text, or other information obtained by you from us or the Zerowaste Site in connection with this Agreement ("Content") only in a lawful manner and only in accordance with the terms of this Agreement; (c) not use any Content relating to any Excluded Merchant or any product sold by any Excluded Merchant; (d) not modify or alter any Content that consists of a graphic image, other than to resize it; (e) not edit any Content that consists of text, other than to shorten its length; (f) not sell, redistribute, sublicense or transfer any Content; (g) not use any Content in a manner intended to send sales to any site other than the ZeroWaste; (h) promptly delete any Content that is no longer displayed on the Zerowaste Site or that we notify you is no longer available for your use and (i) not use any Content, including any name or likeness embodied therein, in a manner (e.g., a closely proximate placement to unrelated third party materials) that implies a person's or company's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party or cause.
      2. You may not :
        • read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
        • take any action that could reasonably cause any customer confusion as to our relationship with you.
  5. Payment
    • All the payments will be cleared within 30 days from the day of submission of invoice by you.
    • Payment invoice to be submitted for 1st to 10th of every month
    • Payment invoice is to be submitted in excel format provided by us
    • We can withhold any payment if found any discrepancies in the invoice with informing you in advance
    • Any amendment in the invoice to be done within 1st to 15th day of the month
  6. Policies and Pricing

    Customers who sell their products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products bought under this Program in accordance with our own pricing policies.

  7. Identifying Yourself as an Affiliate

    You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

  8. Compliance with Laws

    As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.

  9. Term of the Agreement

    The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant here to or in connection with the Program. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

  10. Modification

    We may modify any of the terms and conditions contained in this Agreement, without prior notice at any time and in our sole discretion, by posting a change notice or a new agreement on the ZeroWaste Site. Modifications may include, for example, payment procedures and amount, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on the ZeroWaste site will constitute binding acceptance of the change.

  11. Confidentiality

    Franchisee shall keep all information of confidential nature received from us in whatever form as strictly confidential and shall not disclose it to third Parties without the prior written consent of us during the term of this Agreement. Franchisee agrees not to disclose revenue Information without our prior written consent.

  12. Limitation of Liability

    We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total amount paid or payable to you under this Agreement.

  13. Independent Investigation

    You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

  14. Advertisement

    All advertisements are subject to Zerowaste standard terms and conditions. Advertisers are reminded of their legal obligations under the Equality Act 2010. Further information is available on the Equality and Human Rights Commission site.

    1. All Advertisements for publication by ZeroWaste Pvt. Ltd in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the franchise shall be void unless accepted by ZeroWaste in writing.
    2. In these conditions:

      "Advertiser" means the person whose goods or services are advertised;

      "Advertisement" means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements and re-directed advertisements;

      "Buyer" means the person placing the order for the insertion of the Advertisement;

      "Medium" means the print or online publication taking the booking.

      "Zerowaste Site" means the Zerowaste website(s) onto which an Advertisement is displayed

    3. All Advertisements are accepted subject to space being available in the Medium.
    4. Zerowaste reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer’s assets, or any indication whatsoever of financial difficulties.
    5. These conditions and all other express terms of the contract between ZeroWaste and the Buyer shall be governed and construed in accordance with the Govt. of India and the parties hereby submit to the non-exclusive jurisdiction of the Indian Courts.
      The Buyer agrees at all times in its conduct of business with or on behalf of zerowaste strictly to comply with all applicable laws, ordinances, codes, regulations, standards and judicial and administrative orders (jointly "Applicable Laws") relevant to its duties, obligations and performance including, without limitation, Applicable Laws related to bribery and those enforced in the country where the Buyer is resident or conducts its business.
  15. Injunctive Relief

    In addition to any penalty provided by law for the violation of any section of this subpart or any condition duly imposed by the city, the city may bring suit in the circuit court to enjoin, restrain, or otherwise prevent the violation of any section of this subpart or any condition duly imposed by the city.

    1. Application by injunctive relief or judicial order of abatement afforded by the ZW shall be by petition to Indian court of competent jurisdiction or the Judicial District Court.
    2. A violation of the provisions of an injunction or judicial order of abatement issued in a cause instituted under the provisions of this chapter shall constitute a contempt of court. A person found guilty of such contempt shall be punished by a fine or by imprisonment in the Indian Jail or both fine and imprisonment. On conviction for a second or subsequent contempt the offender shall be punished by both fine and imprisonment, without benefit of probation or suspension of sentence.
  16. Notices
    1. Form of Notice.

      All notices, requests, claims, demands and other communications between the parties shall be in writing.

    2. Method of Notice.

      All notices shall be given

      1. by delivery in person
      2. by a nationally recognized next day courier service,
      3. by first class, registered or certified mail, postage prepaid,
      4. by facsimile or
      5. by electronic mail to the address of the party specified in this Agreement or such other address as either party may specify in writing.
    3.  Receipt of Notice.

      All notices shall be effective upon

      1. receipt by the party to which notice is given, or
      2. on the fifth (5th) day following mailing, whichever occurs first.
  17. Miscellaneous

    This Agreement will be governed by the laws of the Indian Republic and the state of Rajasthan, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

  18. Force Majeure

    Any delay or failure in the performance by either party hereunder shall be excused if and to the extent caused by the occurrence of the Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of Gods, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, other than those of Seller’s or its suppliers, that prevent Seller from furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay or mitigate the effect of such acts, events or occurrences, and which events and the effects thereof are not attributable of a Party’s failure to perform its obligations under this Agreement.

  19. Dispute Resolution and Jurisdiction
    1. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
    2. The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by us, a second arbitrator appointed by “Franchisee” and a third arbitrator to be appointed by such arbitrators
    3. The place of arbitration shall be at Jaipur and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Jaipur.
    4. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law.
    5. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply
    6. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at Jaipur.
  20. Attorney’ fees

    In the event of any action to enforce rights under this Agreement, the prevailing party shall be entitled its costs and expenses, including reasonable attorney’s fees, incurred in connection with such action.

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