TERMS AND CONDITIONS OF USAGE

LAST REVISION: [15.06.2021]

Use of the TheNajafgarh Platform/TheNajafgarh Services

Please read the following terms and conditions carefully before accessing, browsing, downloading, registering on, or using the TheNajafgarh website located at TheNajafgarh.com, and all associated sites linked to TheNajafgarh.com, or the TheNajafgarh mobile application or any similar platform (hereinafter collectively known as the “TheNajafgarh Platform”) run by THENAJAFGARH, a proprietary having office at 1475, 1st Floor, Najafgarh, New Delhi - 110043 (hereinafter known as the the “Company” or “TheNajafgarh”) on any device, mobile, laptop, PC, tablet etc. and/or before availing any services offered by the Company on the TheNajafgarh Platform which may include services such as to sell every type of home, office or industrial scrap such as ferrous and non ferrous metals, stainless steel, aluminum, general waste, paper, cardboard, plastics, wood, electrical waste, building/construction waste, cable wiring, copper scrap, other scrap material etc. at the specified rates or any other service that may be offered by the Company on the TheNajafgarh Platform (hereinafter individually, and collectively, known as the “TheNajafgarh Services”). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all TheNajafgarh Platform/TheNajafgarh Services, whether offered by the Company or its affiliates.

 

ACCEPTANCE OF TERMS

By accessing, browsing, downloading, registering on, or using the TheNajafgarh Platform for any general purpose or for the specific purpose of availing any TheNajafgarh Service(s) you agree to be bound by all of the terms and conditions of this agreement.

The Terms and Conditions (the "Agreement") governs your use of this website, TheNajafgarh.com (the "Website"), and the Company’s offer of membership/subscription on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The Company will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Company encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other membership/subscriptions, products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I        PRELIMINERY

1.1    Proprietary Rights.

The Company has proprietary rights of the website. You may not copy, reproduce, resell or redistribute any membership/subscription offered and/or distributed by the Company. The Company also has rights to all trademarks and specific layouts of this webpage, including calls to action, text placement, images and other information.

1.2    Taxes.

If you subscribe/take/purchase any of the membership/subscription, products, etc., you will be responsible for paying any taxes as applicable.

II. WEBSITE

2.1    Content; Intellectual Property; Third Party Links.

In addition to membership/subscription, this Website also offers information, and articles to read. This Website also offers information, both directly and through indirect links to third-party websites, about waste management etc. The Company does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that the Company does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. The Company does not endorse the contents on any such third-party websites. The Company is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk and costs.

2.2    Use of Website.

The Company is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will also (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material not owned by you on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

2.3    License.

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third party content is at issue).

2.4    Posting.

By posting, storing, or transmitting any content on the Website, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. The Company does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The Company is not liable for any damage or harm resulting from any posts by or interactions between users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content, the Company deems objectionable, in its sole discretion. 

III. DISCLAIMER OF WARRANTIES

Please refer to TheNajafgarh Disclaimer, incorporated by reference herein that is posted on the Website.

IV. LIMITATION OF LIABILITY

TheNajafgarh’s ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR MEMBERSHIP/SUBSCRIPTION VIA THE WEBSITE.

KanadiXpress WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE MEMBERSHIP/SUBSCRIPTION IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR MEMBERSHIP/SUBSCRIPTION; (2) ANY MEMBERSHIP/SUBSCRIPTION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, partners, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the membership/subscription (including Trial); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. PRIVACY

TheNajafgarh believes strongly in protecting user privacy. Please refer to the Company’s privacy policy, incorporated by reference herein, that is posted on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or taking membership/subscription, you acknowledge that you have read and agreed to be bound by this Agreement and all terms and conditions on this Website without any modification or alteration in the Agreement. 

VIII. GENERAL

8.1    Force Majeure.

TheNajafgarh will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

8.2    Cessation of Operation.

TheNajafgarh may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and membership/subscription.

8.3    Report Abuse

While every effort was made with due care and caution and necessary permissions were sought from the authors/publishers before uploading any picture, content etc. to avoid infringement of rights, copyright, trademark etc. If you find any picture, content violating the rights, the same may be reported to us at thenajafgarh@gmail.com and the same will be removed from the website within 72 working hours of receipt of the report.

8.4    Entire Agreement.

This Agreement comprises the entire agreement between you and TheNajafgarh and supersedes any prior agreements pertaining to the subject matter contained herein.

8.5    Effect of Waiver.

The failure of TheNajafgarh to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

8.6    Governing Law; Jurisdiction.

This Website originates from the state of Delhi/New Delhi. This Agreement will be governed by the laws of the country of India without regard to its conflict of law principles to the contrary. Neither you nor TheNajafgarh will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi/New Delhi. By using this Website or taking membership/subscription, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

8.7    Statute of Limitation.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.

8.8    Waiver of Class Action Rights.

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

8.9    Termination.

TheNajafgarh reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and TheNajafgarh may, in its sole discretion and without advance notice to you, cancel any membership/subscription. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to you, to terminate it.

8.10  Domestic Use.

TheNajafgarh makes no representation that the Website or membership/subscriptions are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

8.11  Assignment.

You may not assign your rights and obligations under this Agreement to anyone. The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.