Karo Sambhav’s Website and mobile application (“Application??) come as a medium for waste management (“Services??).
Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website or Application and can avail Our Services. Persons who are competent to contract would mean and include every person who,
(i) has completed 18 years of age (as per The Indian Majority Act, 1875);
(ii) is of sound mind; and
(iii) not disqualified from contracting by any law for the time being in force in India.
You would be required to sign up on the Website or Application by providing certain personal details such as name, e-mail address, telephone number, bank account details, Aadhar Card, PAN and access to Facebook or Google+ profile, to upload Data (defined hereinafter) to the Website and/or Application, to gain access to and/or to log on to the exclusive content areas. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the Company may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and/or Application and the Services (or any portion there of) permanently.
The User shall be required to upload to the Website and/or Application all data, including the quantity of waste, category of such waste and such other data that the Company may require from time to time (here in after collectively referred to as “Data??). You, the User shall ensure that all such Data to be uploaded on the Website and/or Application is true and bona-fide, the waste has been uploaded in the correct category, as may be specified on the Website or Application. Any waste which shall not fall under any of such pre-defined categories, the Data for such waste shall not be uploaded on the Website and/or Application. You shall further insure that the Data uploaded shall not include any Data for waste that may be classified as radioactive waste. You shall further insure that the waste for which Data is to be uploaded on the Website and/or Application is waste generated exclusively in India, and in no event shall such waste include waste smuggled into India or imported into India. You shall ensure that You shall be in compliance with all laws and regulations, including but not limited to E-Waste (Management) Rules, 2016.
All Content on the Website and Application is either owned or licensed to Us, and is subject to copyright, trade mark rights, and other intellectual property rights of the Website and Application.
Obligation of specific users:
Certain Users may have specific obligations with respect to the Data to be shared by such Users on the Website and/or Application, and such obligations shall be over and above the obligations with respect to Data as have been laid down herein. Such obligations of the specific users shall be as herein mentioned:
1. Bulk Consumer
The bulk consumer, shall also have an option of giving the waste that it may generate to the Company free of any charges or any additional costs.
Schools shall not charge the Company for providing it with any waste that such schools shall generate.
3. Non-Governmental Organizations (“NGO??) and/or System Partner
i. The NGO and/or system partners shall be responsible for collecting the data respect to all waste from all Users, which shall include the waste pickers, the repairs shop owners, the aggregators, the bulk consumers, the schools, the NGO’s or system partners, the recyclers and the producers.
ii. The NGO and/or system partner shall further be responsible for uploading the Data as shall be provided by the Users on the Website and/or Application.
iii. The NGO and/or system partner shall further be responsible for helping the Company in onboarding Users.
iv. The NGO and/or system partner shall also carry out awareness programs.
v. The NGO and/or system partner shall ensure that all Data to be uploaded on the Website and/or Application shall be done in a form and within a time period as may be notified by the Company.
i. All waste collected by the Company and Data related to such waste, shall be delivered to the premises of the recycler, and the recycler shall check the Data provided to it, and shall ensure that the Data provided is true and bona-fide, and shall bring to the knowledge of the Company any discrepancies that may exist in the Data so provided to the recycler.
ii. The recycler shall further be responsible for uploading all Data, subject to its review of the Data as had been provided by the Company to such recycler.
i. The Company shall provide the Data of the waste recycle for the producers. Such data shall be only for representative purposes, and the Company in no way guarantees complete correctness of such data. Further, the Company shall not be liable for any losses that may be caused to the producer as a consequence of any actions that the producer may take based on such data
Use of Message Boards, Chat Rooms and Other Communication Forums
This Site and Application may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums??), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Posts or Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by Karo Sambhav, and such communications shall not be considered reviewed, screened, or approved by Karo Sambhav. Karo Sambhav reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
In no event shall the Site and/or Application be held responsible for any Posts nor does the Company, Site or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Site.
By providing a Post to the Site and/or Application, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant the Company and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
The Company, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that the Company may determine, in its sole discretion, at any time. Although the Company endeavours to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.
You agree that you will not use any Post and/or any part or all of our Site and/or Application to:
• collect, store and/or identify private or personal information of any user or person;
• facilitate personal attacks on other individuals or groups of people;
• upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site;
• harm children in any way including without limitation any offences in relation to grooming children online under law;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
• stalk or otherwise harass another person or User;
• upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party;
• upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of solicitation;
• upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
• disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; and/or
• violate any applicable national or international laws or regulations.
You further agree that you may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third party business activity.
In order to be able view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside the Company’s reasonable control.
The Company does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. The Company will not be responsible for any support or maintenance for the Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.
Restrictions on Use
(a) take any action or
(b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:
• is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libellous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
• Violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;• infringes any patent, copyright, trademark or other intellectual property right of any person or entity ;• constitutes unauthorized or unsolicited advertising;
• involves commercial activity not expressly permitted by Us; or
• contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
• disrupts, interferes with or restricts the use of our site by other Users;
• reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our Website;
• changes, modifies, deletes, interferes with or misuses data contained on our site and entered by or relating to any third party user of our Website.
Right to Cancellation in case of invalid information from User.
The User expressly undertakes to provide to the Company only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.M.
In case the Company discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, the Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies the Company of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.
Third Party Account Information.
By using the account access service in the Company Website and Application, the User authorizes the Company and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
Fees and Purchase Terms
You acknowledge and accept that all decisions with respect to the purchase price of the waste that shall be made by the Company shall be non-negotiable and shall be final, and such prices May be changed by the Company in its sole discretion.
The Company shall further reserve the right to introduce, run or discontinue any promotional activities and/or incentives in its sole discretion, and in no event shall the Company be liable to notify You or take Your consent before introducing or discontinuing any promotional activates and/or incentives.
Intellectual Property Rights
This Website and its mobile Applications are owned by Karo Sambahv Private Limited. All rights to, title and interest in the Content available on/ via the Website and Application, the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of Karo Samhav Private Limited or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and its mobile Applications and the Content are protected by copyright laws, and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: email@example.com.
Disclaimer of Warranties
The Services are provided on an “as is?? and “with all faults?? basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
Limitation of Liability
You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection there with.