EFFECTIVE FROM : N/A

IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT KABADIPLUS AT INFO@KABADIPLUS.COM. FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.

SUBSCRIPTION AGREEMENT

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE SUBSCRIPTION AGREEMENT. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT AND EXHIBITS BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE SUBSCRIPTION AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND KABADIPLUS IN RESPECT OF THE SERVICES OF THE PORTAL. IT IS HEREBY EXPRESSLY CLARIFIED THAT THE PROVISIONS OF THIS SUBSCRIPTION AGREEMENT WILL NOT APPLY TO YOUR SERVICES PROVIDED FOR ‘KABADIPLUS CORPORATE’ I.E., ARRANGEMENTS ENTERED INTO BY KABADIPLUS WITH VARIOUS CORPORATE ENTITIES.

This Agreement is made between CNS Waste Recycling Private Limited, a company registered under the Companies Act, 1956 and having Corporate Identification Number (CIN): U45200DL2015PTC275755 and having its registered office at L – 47, 2nd Floor, Lajpat Nagar 2nd, New Delhi – 110024, India and having its operational office at (hereinafter referred to as “KABADIPLUS” which expression shall mean and include its representatives, successors in– office, affiliates and assigns) on the ONE PART; AND

A Scrap/Waste Item(s) Buying Service Provider who is a buyer / dealer of scrap/waste item(s), which offers buying scrap/waste item(s) through its agents/employees and is desirous of listing itself and its agents/employees on the Portal, details of which are provided in Exhibit-“A” (“Agent(s)/Employees(s)”), so as to provide scrap/waste item(s) buyer services through the Agent(s)/Employee(s) to the users of Portal. The Scrap/Waste Item(s) Buying Service Provider has represented that the Scrap/Waste Item(s) Buying Service Provider fulfills the eligibility criteria annexed hereto as Exhibit-“D” and is in compliance with all applicable laws for the provision of Scrap/Waste Item(s) Buying Services through the Portal.

OR

A Scrap/Waste Item(s) Buying Service Provider who is an individual scrap /waste buyer of scrap/waste item(s), which offers buying scrap/waste item(s) himself and is desirous of listing himself and his scrap/waste buying services on the Portal, details of which are provided in Exhibit-“A” (“Individual(s)”), so as to provide scrap/waste buying services individually to the users of Portal. The Scrap/Waste Item(s) Buying Service Provider has represented that the Scrap/Waste Item(s) Buying Service Provider fulfills the eligibility criteria annexed hereto as Exhibit-“D” and is in compliance with all applicable laws for the provision of Scrap/Waste Item(s) Buying Services through the Portal. (hereinafter referred to as the “Scrap/Waste Item(s) Buying Service Provider”) of the OTHER PART.

KABADIPLUS and the Scrap/Waste Item(s) Buying Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”. Exhibits “A”, “B”, “C” and “D” are collectively referred to as ‘Exhibits’.

WHEREAS KABADIPLUS owns and operates an online market place called “WWW.KABADIPLUS.COM” an online platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by KABADIPLUS (“Portal”) that lists and aggregates the Scrap/Waste Item(s) Buying Service Providers and sellers registered with it.

AND WHEREAS on the basis of the representations and warranties provided by the Scrap/Waste Item(s) Buying Service Provider, KABADIPLUS has agreed to list the Scrap/Waste Item(s) Buying Service Provider on the Portal (“Service Provider App”) to enable the Scrap/Waste Item(s) Buying Service Provider to provide Scrap/Waste Item(s) Buying Services (“Scrap/Waste Item(s) Buying Services”) through ‘Service Provider’s App’ in accordance with the terms and conditions as hereinafter provided.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS

  • I. Scope and Obligations
  1. The execution of this Agreement and providing the details in Exhibit-“A” (hereinafter referred to as “Registration Data”) shall effect in the registration of the Scrap/Waste Item(s) Buying Service Provider with KABADIPLUS and shall make the Scrap/Waste Item(s) Buying Service Provider eligible for an online account on the service provider’s App (“Account”) for providing Scrap/Waste Item(s) Buying Services through the Service Provider’s App.
  2. The Scrap/Waste Item(s) Buying Service Provider and registration with KABADIPLUS shall at all times be subject to compliance with the requirements set out in Exhibit-“D” and Exhibit-“B” respectively. The Scrap/Waste Item(s) Buying Service Provider and registration with KABADIPLUS shall further be subject to such other details and documents in respect of the Scrap/Waste Item(s) Buying Service Provider as is more fully described in Exhibit-“A”. The Scrap/Waste Item(s) Buying Service Provider hereby understands and consents to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.
  3. The Scrap/Waste Item(s) Buying Service Provider acknowledges and agrees that all rights, obligations and liabilities of the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS shall be governed in accordance with this Agreement and the Scrap/Waste Item(s) Buying Service Provider terms and conditions available at the offices of KABADIPLUS (“Scrap/Waste Item(s) Buying Service Provider T&C”) and, a copy of which is annexed as Exhibit-”B” to this Agreement. The Scrap/Waste Item(s) Buying Service Provider hereby represents that the Scrap/Waste Item(s) Buying Service Provider has read and understood this Agreement and the Scrap/Waste Item(s) Buying Service Provider T&C fully and the terms contained therein are agreeable to the Scrap/Waste Item(s) Buying Service Provider.
  • II. Device

For registration on the Service Provider App, the device of such model and functionality as may be specified and notified by KABADIPLUS to the Scrap/Waste Item(s) Buying Service Provider, more specifically set out under the Commercial Term Segment in Exhibit-“C”, may be either provided by KABADIPLUS or the Scrap/Waste Item(s) Buying Service Provider may bring his own device. The Scrap/Waste Item(s) Buying Service Provider hereby agrees that KABADIPLUS Device or Non-KABADIPLUS Device (both the terms defined hereunder), as the case may be, shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to KABADIPLUS Device / Non-KABADIPLUS Device shall be as set out below-

  1. Non-KABADIPLUS Device: For registration on the Service Provider App, the Scrap/Waste Item(s) Buying Service Provider may bring his own Non-KABADIPLUS Device, of such model and functionality as may be specified and notified by KABADIPLUS to the Scrap/Waste Item(s) Buying Service Provider (“Non-KABADIPLUS Device”). In such event KABADIPLUS will assist the Scrap/Waste Item(s) Buying Service Provider in installing the Service Provider App in the Non-KABADIPLUS Device brought by the Scrap/Waste Item(s) Buying Service Provider after KABADIPLUS verifies that the Non-KABADIPLUS Device meets the requirements and specifications as required by KABADIPLUS. KABADIPLUS shall also instruct the Scrap/Waste Item(s) Buying Service Provider in the use of the Non-KABADIPLUS Device in respect of the Service Provider App and Portal, if required. If the Non-KABADIPLUS Device is stolen, the Scrap/Waste Item(s) Buying Service Provider shall ensure that the Service Provider App and his Account is immediately blocked, suspended or deactivated.
    In such event, the Scrap/Waste Item(s) Buying Service Provider shall approach KABADIPLUS’s designated offices with a new Non-KABADIPLUS Device for installation of the Service Provider App in the new Non-KABADIPLUS Device and charge such fee as may be determined by KABADIPLUS under clause II(4) of this Agreement.
  2. The Scrap/Waste Item(s) Buying Service Provider shall not use the Non-KABADIPLUS Device for any illegal or unlawful purposes and shall use the Non-KABADIPLUS Device solely in accordance with the terms of this Agreement. The Scrap/Waste Item(s) Buying Service Provider shall solely be responsible and liable for any violations of law committed by the Scrap/Waste Item(s) Buying Service Provider, misuse of the Non-KABADIPLUS Device and misuse of the sim card used in the Non-KABADIPLUS Device.
  3. In the event the Service Provider App is not functioning properly on the Non-KABADIPLUS Device, the Scrap/Waste Item(s) Buying Service Provider shall immediately deposit the Non-KABADIPLUS Device only at KABADIPLUS’s designated offices for any malfunctions with the Service Provider App and compatibility of the Non-KABADIPLUS Device with the Service Provider App.
  4. If the Non-KABADIPLUS Device is damaged and is not repairable due to any act or omission of the Scrap/Waste Item(s) Buying Service Provider, the Scrap/Waste Item(s) Buying Service Provider shall immediately approach only KABADIPLUS’s designated offices with a new Non-KABADIPLUS Device for installation of the Service Provider App on the new Non-KABADIPLUS Device. In this connection, KABADIPLUS may charge such fees as may be determined by KABADIPLUS for re-installation of the Service Provider App in the Non-KABADIPLUS Device.
    Additionally, the Scrap/Waste Item(s) Buying Service Provider may also request KABADIPLUS to provide an KABADIPLUS Device, as set out in clause II(5) below. If the Scrap/Waste Item(s) Buying Service Provider is unable to bring a new Non-KABADIPLUS Device or obtain an KABADIPLUS Device in accordance with clause II(5) below, KABADIPLUS shall be entitled to terminate this Agreement along with the Exhibits with immediate effect.
  5. KABADIPLUS Device: For registration on the Service Provider App, if the Scrap/Waste Item(s) Buying Service Provider does not have a Non-KABADIPLUS Device, KABADIPLUS will provide a device, of such model and functionality as may be required by KABADIPLUS. Further, KABADIPLUS may provide other additional devices to the Scrap/Waste Item(s) Buying Service Provider including but not limited to devices for ‘KABADIPLUS APP’, the usage and purposes of which will be determined and notified by KABADIPLUS to the Scrap/Waste Item(s) Buying Service Provider from time to time. All the devices provided by KABADIPLUS to the Scrap/Waste Item(s) Buying Service Provider shall be collectively referred to as “KABADIPLUS Device(s)”.
    ‘KABADIPLUS APP’ means a proprietary cloud technology platform owned and operated by KABADIPLUS, which is intended to provide a fully connected interactive experience to the Customer/Sellers.
  6. KABADIPLUS will assist the Scrap/Waste Item(s) Buying Service Provider in installing the Service Provider App and other programs including but not limited to software, applications, and content, as may be solely determined by KABADIPLUS, in the KABADIPLUS Device(s) provided by KABADIPLUS. KABADIPLUS will instruct and train the Scrap/Waste Item(s) Buying Service Provider for use of the KABADIPLUS Device(s), if required.
  7. The Scrap/Waste Item(s) Buying Service Provider shall not use the KABADIPLUS Device(s) for any illegal or unlawful purposes including but not limited to playing / watching pornographic content on the KABADIPLUS Device and shall use the KABADIPLUS Device(s) solely for purposes determined by KABADIPLUS and strictly in accordance with this Agreement. The Scrap/Waste Item(s) Buying Service Provider shall solely be responsible and liable for any violations of law committed by the Scrap/Waste Item(s) Buying Service Provider, misuse of the KABADIPLUS Device(s) and misuse of the sim card provided, if any, with the KABADIPLUS Device(s).
  8. The Scrap/Waste Item(s) Buying Service Provider shall ensure that the KABADIPLUS Device(s) is maintained in his possession in a proper manner. KABADIPLUS may, at its sole discretion, charge such amounts as may be determined by KABADIPLUS, as a non-interest bearing security, for the KABADIPLUS Device(s) provided to the Scrap/Waste Item(s) Buying Service Provider. Further, KABADIPLUS may, at its discretion, return the security amount to the Scrap/Waste Item(s) Buying Service Provider at the expiration or termination of this Agreement.
  9. In the event the KABADIPLUS Device(s) is not functioning properly or if there is any technical or safety issue in relation to the KABADIPLUS Device(s), the Scrap/Waste Item(s) Buying Service Provider shall immediately deposit the KABADIPLUS Device(s) only at KABADIPLUS’s designated office for checking the KABADIPLUS Device(s) for any malfunctions. If the KABADIPLUS Device(s) is damaged and is not repairable due to any act or omission of the Scrap/Waste Item(s) Buying Service Provider, the Scrap/Waste Item(s) Buying Service Provider shall pay to KABADIPLUS amounts, as may be determined by KABADIPLUS. In order to resolve whether the KABADIPLUS Device(s) is damaged due to any act or omission of the Scrap/Waste Item(s) Buying Service Provider, KABADIPLUS will enquire and investigate the matter in the manner determined by KABADIPLUS and in this connection, KABADIPLUS’s decision shall be final and binding. Upon payment of the foregoing amount, KABADIPLUS shall provide the Scrap/Waste Item(s) Buying Service Provider with a new KABADIPLUS Device(s). If the Scrap/Waste Item(s) Buying Service Provider is unable to pay such amount as specified above, the Scrap/Waste Item(s) Buying Service Provider shall return the damaged KABADIPLUS Device(s) and KABADIPLUS shall be entitled to terminate the Agreement with immediate effect.
  10. In the event the KABADIPLUS Device(s) is misplaced by the Scrap/Waste Item(s) Buying Service Provider or if it is stolen from Scrap/Waste Item(s) Buying Service Provider Vehicle, the Scrap/Waste Item(s) Buying Service Provider shall promptly notify KABADIPLUS in writing and immediately proceed to file an FIR in the police station within the jurisdiction. Once FIR is filed, Scrap/Waste Item(s) Buying Service Provider shall submit the FIR copy along with amounts, as may be determined by KABADIPLUS. The Scrap/Waste Item(s) Buying Service Provider shall fully cooperate with KABADIPLUS and the authorities during investigation process in relation to the misplaced or stolen KABADIPLUS Device(s). In the event Scrap/Waste Item(s) Buying Service Provider fails to file an FIR for loss of KABADIPLUS Device(s) or if in KABADIPLUS’s opinion, fails to cooperate with KABADIPLUS and authorities, KABADIPLUS shall be entitled to terminate the Agreement with immediate effect, without prejudice to KABADIPLUS’s rights under this Agreement and under applicable law.
  11. Upon termination of this Agreement or deactivation of your Account, the Scrap/Waste Item(s) Buying Service Provider shall immediately return the KABADIPLUS Device(s) and in any event not later than 24 (Twenty Four) hours from the date of such termination or deactivation.
  12. The Scrap/Waste Item(s) Buying Service Provider shall not create any lien, pledge, encumbrance or other third party security interests in any manner on KABADIPLUS Device(s).
  13. The Scrap/Waste Item(s) Buying Service Provider shall be responsible for the safety and security of the KABADIPLUS Device(s).
  14. The Scrap/Waste Item(s) Buying Service Provider shall use the KABADIPLUS Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage to the KABADIPLUS Device(s) or that is contrary to the instructions and training provided to the Scrap/Waste Item(s) Buying Service Provider in relation to the use of KABADIPLUS Device(s).
  15. KABADIPLUS shall be entitled to call upon the Scrap/Waste Item(s) Buying Service Provider for review and inspection of the KABADIPLUS Device(s). On being called upon, Scrap/Waste Item(s) Buying Service Provider shall report to the designated offices of KABADIPLUS within two (2) days from the date of request from KABADIPLUS. The Scrap/Waste Item(s) Buying Service Provider shall fully cooperate with KABADIPLUS in conducting such inspection of the KABADIPLUS Device(s). In the event, the Scrap/Waste Item(s) Buying Service Provider fails to produce the Weighing Machine/Measurement Instruments for inspection within the prescribed timeline set out in this Clause II(13) or doesn’t cooperate with KABADIPLUS for inspection, KABADIPLUS shall be entitled to take legal action under this Agreement and applicable laws.
  • III. Representations and Warranties
  1. The Scrap/Waste Item(s) Buying Service Provider represents and warrants that the Scrap/Waste Item(s) Buying Service Provider is the certificate holder under the provision of the Street Vendors (Protection Of Livelihood and Regulation Of Street Vending) Act, 2014 and registered himself or as agent/employee of the Scrap/Waste Item(s) Buying Service Provider, as the case may be.
  2. The Scrap/Waste Item(s) Buying Service Provider represents and warrants that the Scrap/Waste Item(s) Buying Service Provider has all requisite power and authority to deliver and perform the obligations imposed herein.
  3. The Scrap/Waste Item(s) Buying Service Provider represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Scrap/Waste Item(s) Buying Service Provider T&C does not and will not conflict with any law or regulation applicable to the Scrap/Waste Item(s) Buying Service Provider or any guidelines, rules, regulations including any judicial, official, governmental and/or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Scrap/Waste Item(s) Buying Service Provider is a party.
  4. The Scrap/Waste Item(s) Buying Service Provider warrants that the KABADIPLUS Device(s) given to him by KABADIPLUS will be maintained in his possession in a proper manner. The Scrap/Waste Item(s) Buying Service Provider shall ensure Scrap/Waste Item(s) Buying Service Provider’s continued performance under this Agreement is not compromised with.
  5. The Scrap/Waste Item(s) Buying Service Provider hereby expressly agrees that the Scrap/Waste Item(s) Buying Service Provider shall not use the Device for any illegal purposes.
  6. The Scrap/Waste Item(s) Buying Service Provider warrants that the Devices (KABADIPLUS Device(s) or Non-KABADIPLUS Device) will be used only for the purpose set out under this Agreement.
  7. The Scrap/Waste Item(s) Buying Service Provider represents and warrants that the Scrap/Waste Item(s) Buying Service Provider has not been convicted by any court in India for any cognizable offence or an offence punishable with imprisonment for more than 3 years, under the laws of India.
  • IV. Disclaimer
  1. You agree that KABADIPLUS’s role is limited to (a) managing and operating the Portal and the Service Provider App and being a market place solely for the display of the Scrap/Waste Item(s) Buying Service Provider in the manner decided by KABADIPLUS unilaterally, (b) being an online booking platform facilitating the provision of Scrap/Waste Item(s) Buying Service Provider by the Scrap/Waste Item(s) Buying Service Provider to the users of the Portal, and (c) payment towards buying of scrap/waste item(s) through an e-wallet (KABADIPLUS Money powered by _______) to facilitate the transactions between the Scrap/Waste Item(s) Buying Service Provider and the Customer/Sellers of Portal. Accordingly, KABADIPLUS is merely an intermediary providing online marketplace services and the Service Provider App is only a platform where Scrap/Waste Item(s) Buying Service Provider shall offer Scrap/Waste Item(s) Buying Service to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal.
  2. KABADIPLUS disclaims and shall disclaim all representations and warranties to the Scrap/Waste Item(s) Buying Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the KABADIPLUS Device(s), Service Provider’s App and Portal or the services provided through the Service Provider App on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of KABADIPLUS Device(s), Service Provider’s App and Portal.
  3. To the extent permissible under applicable laws, KABADIPLUS disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Scrap/Waste Item(s) Buying Service Provider (a) of the applicable laws in respect of the Scrap/Waste Item(s) Buying Service; (b) of the terms of the applicable licenses and permits that are issued by the concerned authorities; (c) of the terms of the Scrap/Waste Item(s) Buying Service Provider T&Cs; or (d) of the duty of care the Scrap/Waste Item(s) Buying Service Provider owes to the users of the Portals.
  4. KABADIPLUS does not warrant to the Scrap/Waste Item(s) Buying Service Provider that the Scrap/Waste Item(s) Buying Service Provider will be able to use the KABADIPLUS Device(s), Service Provider App on the Portal at all times or locations or that the KABADIPLUS Device(s) and Service Provider App on the Portal and the Scrap/Waste Item(s) Buying Service provided through the Service Provider App on the Portal will be uninterrupted or virusfree or error-free or free from any technical glitches or malicious software and that the defects will be corrected by KABADIPLUS.
  • V. Payment Terms

In consideration of KABADIPLUS providing the Scrap/Waste Item(s) Buying Service Provider’s information on the Portal, and for enabling the Scrap/Waste Item(s) Buying Service Provider to provide Scrap/Waste Item(s) Buying Service through Service Provider App on the Portal, various payments, more particularly set out in the Commercial Terms Segment annexed hereto as Exhibit-”C”, between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed hereto as Exhibit-“C”.

  • VI. Confidentiality

The Scrap/Waste Item(s) Buying Service Provider acknowledges that pursuant to this Agreement, the Scrap/Waste Item(s) Buying Service Provider will have access to confidential information of KABADIPLUS and its affiliates, which has been provided by KABADIPLUS. The Scrap/Waste Item(s) Buying Service Provider undertakes to keep confidential all data and other confidential information of KABADIPLUS and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Scrap/Waste Item(s) Buying Service Provider by KABADIPLUS or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of the Service Provider App / Portal or any other information, whether provided orally or in writing, received or to be received by the Scrap/Waste Item(s) Buying Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of KABADIPLUS (“Competitor”). In the event, KABADIPLUS becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, KABADIPLUS can claim such direct and indirect damages as it may suffer due to such losses.

  • VII. License and Proprietary Rights
  1. License Grant: Subject to the terms and conditions of this Agreement, KABADIPLUS hereby grants the Scrap/Waste Item(s) Buying Service Provider a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the Service Provider App on the Portal of KABADIPLUS solely for the purpose of providing Scrap/Waste Item(s) Buying Service to the Portal users and also for settlement of Fees between KABADIPLUS and Scrap/Waste Item(s) Buying Service Provider. All rights not expressly granted to the Scrap/Waste Item(s) Buying Service Provider are reserved by KABADIPLUS.
  2. Ownership. The Portal, Service Provider App and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“KABADIPLUS Intellectual Property”), shall remain (as between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS) the property of KABADIPLUS. Neither this Agreement, the Scrap/Waste Item(s) Buying Service Provider T&C nor Scrap/Waste Item(s) Buying Service Provider’s use of the Portal and Service Provider App conveys or grants to the Scrap/Waste Item(s) Buying Service Provider any rights:
    (a) in or related to the Portal and Service Provider App, except for the limited license granted above; or (b) to use or reference in any manner KABADIPLUS’s Intellectual Property.
  3. The Scrap/Waste Item(s) Buying Service Provider agrees that it shall not reproduce, transcribe or make any copies of the KABADIPLUS Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such KABADIPLUS Intellectual Property.
  • VIII. Indemnification
  1. The Scrap/Waste Item(s) Buying Service Provider agrees and undertake to indemnify and to hold harmless KABADIPLUS and other parties determined by KABADIPLUS, KABADIPLUS affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Scrap/Waste Item(s) Buying Service Provider of the Scrap/Waste Item(s) Buying Service Provider’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Scrap/Waste Item(s) Buying Service Provider T&C; (ii) breach of any service level commitments provided in Exhibit-“B”; (ii) any infringement or unauthorized use of intellectual property rights of KABADIPLUS including but not limited to infringement of intellectual property rights of KABADIPLUS in the Service Provider App or Portal (iii) any breach of the confidentiality obligations of the Scrap/Waste Item(s) Buying Service Provider under this Agreement or Scrap/Waste Item(s) Buying Service Provider T&C (iv) any violation of the applicable law, applicable license and permit terms of the concerned authorities; (v) any violation of KABADIPLUS policies by the Scrap/Waste Item(s) Buying Service Provider; (vi) any harm to the reputation and goodwill of KABADIPLUS directly attributable to the Scrap/Waste Item(s) Buying Service Provider; (v) damage, unauthorized use or loss of the Service Provider App in the Device; (vii) death, fraud, theft, misconduct, negligence or deficiency of Scrap/Waste Item(s) Buying Service by the Scrap/Waste Item(s) Buying Service Provider; any negligent act or omission committed in the course of Scrap/Waste Item(s) Buying Service hereunder, or any misrepresentation made during the course of Scrap/Waste Item(s) Buying Service Provider hereunder; (xi) personal injury to or property damage of user of Portal, if any, asserted against KABADIPLUS and its associates by reason of the use and operation of Scrap/Waste Item(s) Buying Service (S); (viii) civil or criminal offense under law or in the opinion of KABADIPLUS; (xii) failure of the Scrap/Waste Item(s) Buying Service Provider to make tax payments in accordance with applicable laws.
  2. The Scrap/Waste Item(s) Buying Service Provider shall be liable to indemnify and hold KABADIPLUS harmless against all damages, losses, costs and expenses incurred by KABADIPLUS as a consequence of any complaint from any user of the Portals received by KABADIPLUS with respect to deficient Scrap/Waste Item(s) Buying Service.
  3. Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of KABADIPLUS under this Agreement or Scrap/Waste Item(s) Buying Service Provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to INR 1,000/- (Rupees One Thousand Only).
  • IX. Specific Indemnity

The Scrap/Waste Item(s) Buying Service Provider shall be solely liable for any and all accidents/incidents, while providing the Scrap/Waste Item(s) Buying Services. KABADIPLUS shall not be held liable for any such accidents/ incidents involving the Scrap/Waste Item(s) Buying Service Provider or its vehicle whether motorised or non-motorised.

All miscellaneous expenses pertaining to the weighing scale, such as maintenance expenditures, penalty for violation of the Legal Metrology Act, 2009 and applicable rules, etc., shall be borne solely by the Scrap/Waste Item(s) Buying Service Provider, and KABADIPLUS shall not be held liable or responsible for the same.

  • X. Entire Agreement

This Agreement along with, various Exhibits and Scrap/Waste Item(s) Buying Service Provider T&C, which Exhibits and Scrap/Waste Item(s) Buying Service Provider T&C will be e-contracts, shall form the entire agreement between the Parties and shall supersede and override all previous communications, either oral or written, between the Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or Scrap/Waste Item(s) Buying Service Provider T&C. In the event of any contradiction between the terms contained under this Agreement and the Scrap/Waste Item(s) Buying Service Provider T&C, the terms of the Scrap/Waste Item(s) Buying Service Provider T&C shall prevail.

  • XI. Term and Termination
  1. This Agreement shall be valid for a period of 2 (two) years and shall be renewed automatically, unless otherwise agreed between the Parties.
  2. The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 7 (seven) business days to the other Party without assigning any reason for the termination.
  3. KABADIPLUS shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Scrap/Waste Item(s) Buying Service Provider.
  4. Upon termination of this Agreement, the registration of the Scrap/Waste Item(s) Buying Service Provider with KABADIPLUS shall stand cancelled and the Account shall be terminated and the Scrap/Waste Item(s) Buying Service Provider shall not be eligible to get assignment notification on the Service Provider App on KABADIPLUS’s Portal.
  • XII. Notice
  1. Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:
  1. By electronic mail.
    For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other, KABADIPLUS: INFO@KABADIPLUS.COM; Scrap/Waste Item(s) Buying Service Provider: As provided during attachment.
  2. By SMS sent to mobile number at: KABADIPLUS: Not Applicable; Scrap/Waste Item(s) Buying Service Provider: As provided during attachment.
  3. By hand, against a written acknowledgement of receipt by the receiving Party.
  4. By registered post.
  • 2. SIn the event the delivery of the notice is attempted to be made by means set out in clauses XI(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of the notice.
  • XIII. Relationship between Parties
  1. During the Term of this Agreement, the Scrap/Waste Item(s) Buying Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of KABADIPLUS. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS at any time, under any circumstances or for any purpose. Therefore, the Scrap/Waste Item(s) Buying Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by KABADIPLUS to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, or employee benefits of any kind. The Scrap/Waste Item(s) Buying Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
  2. The Scrap/Waste Item(s) Buying Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of KABADIPLUS. The Scrap/Waste Item(s) Buying Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between KABADIPLUS and any third party or act for or bind KABADIPLUS in any respect. Any act of the Scrap/Waste Item(s) Buying Service Provider on behalf of KABADIPLUS which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Scrap/Waste Item(s) Buying Service Provider shall be personally liable for the same.
  • XIV. Governing Law and Dispute Resolution
  1. If any dispute arises between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 to be adjudicated by a sole arbitrator to be appointed by KABADIPLUS. Arbitration shall be held in Delhi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
  2. This Agreement shall be governed by and construed in accordance with the laws of India. Subject to clause XII (1), the courts in Delhi shall have the exclusive jurisdiction in connection with this Agreement.
  3. In addition to above remedies, KABADIPLUS shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Scrap/Waste Item(s) Buying Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies KABADIPLUS may have at law or in equity.
  • XV. Amendment

KABADIPLUS may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XI such amendments to the Scrap/Waste Item(s) Buying Service Provider.

EXHIBIT-A

DETAILS OF THE SCRAP/WASTE ITEM(S) BUYING SERVICE PROVIDER

Part I- Details of the Scrap/Waste Item(s) Buying Service Provider:

A. Information to be provided:

Name:

Permanent Address:

Current Address:

Phone no.:

Email id:

Bank Account details of the Scrap/Waste Item(s) Buying Service Provider (Bank name, account number and IFSC Code);

Bank Account details of the Beneficiary (if any);

Contact details of 2 (two) family members of the Scrap/Waste Item(s) Buying Service Provider; and Such other documents/ information as may be required by KABADIPLUS

B. Documents to be provided:

– A passport size photograph of the Scrap/Waste Item(s) Buying Service Provider;

– Copy of AADHAR of agent/employee who will be employed by Scrap/Waste Item(s) Buying Service Provider to provide services on KABADIPLUS platform;;

– Copy of the certificate issued under the provision of the Street Vendors (Protection Of Livelihood and Regulation Of Street Vending) Act, 2014 by the concerned department/authority to Scrap/Waste Item(s) Buying Service Provider who may be either individual or employed by Scrap/Waste Item(s) Buying Service Provider to provide services on KABADIPLUS platform;

– Copy of the Police verification report of the Scrap/Waste Item(s) Buying Service Provider who may be either individual or employed by Scrap/Waste Item(s) Buying Service Provider to provide services on KABADIPLUS platform. Provided that, for purposes of the police verification, if KABADIPLUS or KABADIPLUS’s authorized agency is assisting the Scrap/Waste Item(s) Buying Service Provider with police verification process, the Scrap/Waste Item(s) Buying Service Provider authorizes KABADIPLUS or KABADIPLUS’s authorized agency, as the case may be, for appearing, signing and executing documents in respect of police verification of the Scrap/Waste Item(s) Buying Service Provider from time to time;

– Self attested copy of the EPIC Card;

– Self attested copy of PAN Card of Scrap/Waste Item(s) Buying Service Provider;

– Copy of residential proof such as utility bill, ration card, passport etc. of the Scrap/Waste Item(s) Buying Service Provider’s and agent/employee employed by Scrap/Waste Item(s) Buying Service Provider to provide services on KABADIPLUS Platform;

– Passbook or cancelled cheque of Scrap/Waste Item(s) Buying Service Provider; and

– Such other documents/ information as may be required by KABADIPLUS.

EXHIBIT-B

SCRAP/WASTE ITEM(S) BUYING SERVICE PROVIDER TERMS AND CONDITIONS

These Terms and Conditions (as defined) shall be applicable as set out below-

  1. If the Scrap/Waste Item(s) Buying Service Provider (as defined in the Subscription Agreement) is a dealer providing Services to the Customers/Sellers of Scrap/Waste item(s) through its agent/employees employed by the dealer, these Terms and Conditions shall be interpreted in the manner so as to apply to the dealer as well as to the Scrap/Waste Item(s) Buying Service Provider agent/employee by the dealer; and
  2. If the Scrap/Waste Item(s) Buying Service Provider is an individual providing Services to the Customers/Sellers of Scrap/Waste Item(s) directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Scrap/Waste Item(s) Buying Service Provider.

DEFINITIONS:

All of the defined and capitalized terms in these Scrap/Waste Item(s) Buying Service Provider T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.

“Acceptance” means your affirmative action of clicking on the box against the words “ACCEPT & CONTINUE” provided at the end of these Scrap/Waste Item(s) Buying Service Provider T&C, by which action, you unequivocally accept the Scrap/Waste Item(s) Buying Service Provider T&C and any modifications thereof.

“Account” refers to the account created by KABADIPLUS at its sole discretion, for the Scrap/Waste Item(s) Buying Service Provider subsequent to the Scrap/Waste Item(s) Buying Service Provider submitting and KABADIPLUS verifying the Registration Data.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in India.

“Booking” shall mean the allotted Service Request.

“Business Day” means any day except which is not declared as national holiday or required by law or other governmental action to close.

“Cancellation Fee” shall mean the reasonable amount payable by the Customer/Seller towards cancellation of a Booking made by a Customer/Sellers.

“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS.

“Commercial Term Segment” shall mean Exhibit-“C” of the Subscription Agreement, which contains the commercial terms for Service provided by the Scrap/Waste Item(s) Buying Service Provider.

“Content” shall have the meaning given to it in clause 7.1.

“Convenience Fee” shall mean the fee payable by the Customer/Sellers for availing the technology services offered by KABADIPLUS. Convenience Fee will be charged for each Service Request placed by the Customer/Sellers on the Portal.

“Customer” or “Seller” shall mean such person, who places a Service Request on the Portal and has accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the KABADIPLUS Portal for availing the Service.

“Device” shall mean KABADIPLUS Device or Non-KABADIPLUS Device, as the case may be, used for performance of the Services.

“Scrap/Waste Item(s) Buying Service Provider” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with KABADIPLUS and in the event of agent/employee of Scrap/Waste Item(s) Buying Service Provider, shall include the agents/employees of Scrap/Waste Item(s) Buying Service Provider for purposes of compliance with these Terms and Conditions.

“KABADIPLUS APP” means the electronic interface on the KABADIPLUS Portal from where the Scrap/Waste Item(s) Buying Service Provider’s Account is accessible to the Scrap/Waste Item(s) Buying Service Provider. Login credentials (User ID and Password) for the KABADIPLUS APP shall be provided by KABADIPLUS.

“KABADIPLUS Proceeds” shall mean the net amount payable by the Scrap/Waste Item(s) Buying Service Provider after deduction of KABADIPLUS’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.

“Rate” shall mean the Rate payable by the Scrap/Waste Item(s) Buying Service Provider to Customers/Sellers of Scrap/Waste Item(s) as is also reflected on the Device after completion of the Service. The Scrap/Waste Item(s) Buying Service Provider permits KABADIPLUS to review and revise the Rate as per the market conditions.

“Force Majeure” shall have the meaning given to in Clause 16.4.

“Information” shall mean the details furnished by the Scrap/Waste Item(s) Buying Service Provider at the time of signing the Subscription Agreement and/or otherwise during and after the Scrap/Waste Item(s) Buying Service Provider registration on the KABADIPLUS APP on the Portal and successful creation of an Account.

“KABADIPLUS” or “We” or “Us” or “Our” shall mean CNS Waste Recycling Private Limited, a company incorporated under the provisions of the Companies Act 1956 and having its registered office at L – 47, 2nd Floor, Lajpat Nagar 2nd, New Delhi – 110024, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

“KABADIPLUS Play” shall mean a proprietary cloud technology platform owned and operated by KABADIPLUS, which is intended to provide a fully connected interactive experience to the Customer/Seller.

“Dealer” shall mean a Scrap/Waste Item(s) Buying Service Provider who has listed himself / itself and his / its agent/employees on the Portal to provide Services to the Customers/Sellers through the Scrap/Waste Item(s) Buying Service Provider employed by the Dealer.

“Operator Scrap/Waste Item(s) Buying Service Provider” shall mean the Scrap/Waste Item(s) Buying Service Provider employed by the Operator for providing Services to the Customers/Sellers of Scrap/Waste Item(s).

“Parties” shall mean, collectively, the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS and “Party” shall refer to any one of them.

“Portal” shall mean such features of the KABADIPLUS mobile application or other programs, software, mobile applications including but not limited to KABADIPLUS Play, KABADIPLUS Tunes and KABADIPLUS APP, owned by, licensed to and controlled by KABADIPLUS, and other URLs as may be specified by KABADIPLUS from time to time.

“Posted Content” shall have the meaning given to in Clause 7.4.

“Service” means the service of buying Scrap/Waste Item(s) from Customer/Seller at the address/location as prompted and entered by the Customer at the time of placing his / her Service Request and accepted by the Scrap/Waste Item(s) Buying Service Provider on the KABADIPLUS.

“Total Scrap/Waste Item(s) Value” shall include the assessed value of scrap/waste item(s) by the Scrap/Waste Item(s) Buying Service Provider, the Convenience Fee, Additional Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable.

“Service Request” means a request placed by the Customer/Seller of Scrap/Waste Item(s) on the Portal to avail the Service offered by the Scrap/Waste Item(s) Buying Service Provider.

“Subscription Agreement” shall mean the agreement entered into between KABADIPLUS and the Scrap/Waste Item(s) Buying Service Provider / Operator pursuant to which the Scrap/Waste Item(s) Buying Service Provider / Operator has agreed to provide Scrap/Waste Item(s) Buying Service in accordance with these Scrap/Waste Item(s) Buying Service Provider T&C, as amended from time to time.

“Subscription Amount” shall mean the amount paid by the Scrap/Waste Item(s) Buying Service Provider at the time of subscription to Portal of KABADIPLUS, if any.

“KABADIPLUS Policies” means the “Privacy Policy”, “Zero Tolerance Policy” & such other policies (including any amendments thereof), which KABADIPLUS may issue and make applicable to Scrap/Waste Item(s) Buying Service Provider from time to time and make available to the Scrap/Waste Item(s) Buying Service Provider on the Scrap/Waste Item(s) Buying Service Provider’s request.

“Term” means the period commencing from the date of acceptance of the Scrap/Waste Item(s) Buying Service Provider T&C by the Scrap/Waste Item(s) Buying Service Provider up to the date of termination of the Subscription Agreement and/or these Scrap/Waste Item(s) Buying Service Provider T&C.

“Terms and Conditions” or “Scrap/Waste Item(s) Buying Service Provider T&C” refers to these Scrap/Waste Item(s) Buying Service Provider T&C which are available at the Portal, as may be amended from time to time.

“Vehicle” shall mean any thing used for transporting scrap/waste item(s) , especially on land.

“e-Wallet” shall mean the prepaid payment instruments available for payments in the KABADIPLUS Portal.

“Weight” or “Measure” means a weight or measure specified by or under the the Legal Metrology Act, 2009 and includes a weighing or measuring instrument.

“Zero Tolerance Policy” shall mean the policy of KABADIPLUS as detailed under the Annexure to these Scrap/Waste Item(s) Buying Service Provider T&C, as may be amended from time to time.

1. APPLICABILITY OF SCRAP/WASTE ITEM(S) BUYING SERVICE PROVIDER T&C

These Scrap/Waste Item(s) Buying Service Provider T&C together with the Subscription Agreement, Commercial Term Segment, Zero Tolerance Policy, KABADIPLUS Policies, shall be deemed to be incorporated by reference into these Scrap/Waste Item(s) Buying Service Provider T&C and shall form the complete understanding between the Parties. By accepting the Scrap/Waste Item(s) Buying Service Provider T&C, You acknowledge and agree to the Subscription Agreement and various Exhibits to the Subscription Agreement, KABADIPLUS Policies and any other policy that KABADIPLUS makes applicable to You from time to time, to the fullest extent possible. Additionally, You hereby understand and consent to the collection, storage and sharing of Aadhaar card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of onboarding and background verification.

2. SCOPE OF SERVICES

2.1 You agree that KABADIPLUS’s role is limited to being a market place solely for managing and operating the Portal for the display of the Service in the manner decided by KABADIPLUS unilaterally, payment collection through e-Wallet only to facilitate the transactions between You and the Customers/Sellers. Accordingly, KABADIPLUS is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers/Sellers to buy their scrap/waste item(s) on the agreed rates. The contract for availing the Service shall be a contract solely between You and the Customer/Sellers. At no time shall KABADIPLUS have any obligations or liabilities in respect of such contract.

2.2 The Scrap/Waste Item(s) Buying Service Provider confirms and undertakes that KABADIPLUS does not own or in any way control the Vehicle used by a Scrap/Waste Item(s) Buying Service Provider rendering the said Service to the Customer/Seller. KABADIPLUS shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Scrap/Waste Item(s) Buying Service Provider to the Customer/Seller. KABADIPLUS does not make any representations or warranties regarding the quality of the Service provided by You.

3. SERVICE REQUESTS

3.1 On receipt of a Service Request, Booking will be allotted to the Scrap/Waste Item(s) Buying Service Provider on the Device or in such other manner as may be agreed between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS from time to time.

3.2 The Scrap/Waste Item(s) Buying Service Provider shall duly complete all Bookings allotted in connection with the Services and promptly notify KABADIPLUS immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.

3.3 In the event the Scrap/Waste Item(s) Buying Service Provider requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the KABADIPLUS office/call center. If the assistance pertains specifically to the Device, KABADIPLUS APP, Portal or anything therein, then such issue may be directed to the office /call centre of KABADIPLUS.

3.4 Upon a Service Request being allotted to the Scrap/Waste Item(s) Buying Service Provider on the KABADIPLUS APP, KABADIPLUS may provide to the Customer, the picture of the Scrap/Waste Item(s) Buying Service Provider, details of the Vehicle including vehicle number, mobile phone number of the Scrap/Waste Item(s) Buying Service Provider and such other information as required under Applicable Laws or as KABADIPLUS may deem fit, as the case may be, required by the Customer/Seller to identify the Scrap/Waste Item(s) Buying Service Provider and Vehicle.

3.5 Once a Booking is allotted, KABADIPLUS will provide the Scrap/Waste Item(s) Buying Service Provider with the necessary Customer/Seller information in order to enable the Scrap/Waste Item(s) Buying Service Provider to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 13 below.

3.6 In the event, the Scrap/Waste Item(s) Buying Service Provider is a female; the Scrap/Waste Item(s) Buying Service Provider shall not accept Service Requests from 18:00 hours in the evening to 08:00 hours in the morning.

4. COMMUNICATION

4.1 When You use the KABADIPLUS APP on KABADIPLUS’s Portal or send emails or other data, information or communication to KABADIPLUS, You agree and understand that You are communicating with KABADIPLUS through electronic records and You consent to receive communications via electronic records from KABADIPLUS periodically and as and when required. KABADIPLUS may communicate with You by email or by such other mode of communications, electronic or otherwise.

4.2 You hereby expressly consent to receive communication from KABADIPLUS through Your registered phone number and/or e-mail id. You consent to be contacted by

KABADIPLUS via phone calls/ SMS notifications. You agree that any communication so received by You from KABADIPLUS will not amount to spam, unsolicited communication or a violation of Your registration on the “National Do Not Call Registry”.

4.3 By registering with KABADIPLUS, You hereby agree to

  1. provide Information that KABADIPLUS has a legal duty to request from a Scrap/Waste Item(s) Buying Service Provider on account of the Know Your Customer/Seller norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and
  2. undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Scrap/Waste Item(s) Buying Service Provider.

4.4 You acknowledge and agree that Your Information may be transferred or stored in a server outside India or the country where You are located in order to perform KABADIPLUS’s obligations under these Scrap/Waste Item(s) Buying Service Provider T&C.

5. OBLIGATIONS OF THE SCRAP/WASTE ITEM(S) BUYING SERVICE PROVIDER

5.1 The Driver Scrap/Waste Item(s) Buying Service Provider ensure and confirm that he understands the language of the KABADIPLUS APP / Portal and shall ensure that he/she chooses the language that he bests understands from amongst the languages that the KABADIPLUS APP / Portal supports.

5.2 The Service provided through the Portal by the Scrap/Waste Item(s) Buying Service Provider shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of KABADIPLUS. The Scrap/Waste Item(s) Buying Service Provider shall be liable for any loss caused to KABADIPLUS and/or the Customer/Seller due to negligence of the Scrap/Waste Item(s) Buying Service Provider in the performance of the Service.

5.3 The Scrap/Waste Item(s) Buying Service Provider be deemed to be informed and shall also strive to stay informed about conditions such as bandhs, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Scrap/Waste Item(s) Buying Service Provider shall, immediately intimate KABADIPLUS, and disclose any such aforesaid calamity that he may become aware of.

5.4 The Scrap/Waste Item(s) Buying Service Provider shall provide the Service to the Customers/Sellers in a courteous, effective and timely manner.

5.5 The Scrap/Waste Item(s) Buying Service Provider shall ensure weighing machine or measurement instrument intact and good condition at all times and shall hold and keep updated / renewed all licenses, insurance and permits necessary for the use of Scrap/Waste Item(s) Buying Service on the Portals.

5.6 The Scrap/Waste Item(s) Buying Service Provider shall not undertake or assist in any unlawful or illegal activity while performing Services.

5.7 The Scrap/Waste Item(s) Buying Service Provider, or any the Scrap/Waste Item(s) Buying Service Provider shall not allow unauthorized persons to drive the Vehicle. KABADIPLUS reserves the right to take any action at its sole discretion for any violation by the Scrap/Waste Item(s) Buying Service Provider, which may extend to but not limited to termination an/or other legal action.

5.8 The Scrap/Waste Item(s) Buying Service Provider shall ensure the safety and security of the Customers/Sellers, his own self at all times. The Scrap/Waste Item(s) Buying Service Provider shall immediately bring to the notice of KABADIPLUS any deviation from the provision of the Service/s as required under the terms of these Scrap/Waste Item(s) Buying Service Provider T&C, including but not limited to any accidents, damage to life or property.

5.9 The Scrap/Waste Item(s) Buying Service Provider agrees that any breach of the Subscription Agreement or these Scrap/Waste Item(s) Buying Service Provider T&C by him/her is likely to cause KABADIPLUS substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available KABADIPLUS shall have the right to specific performance and injunctive relief.

5.10 The Scrap/Waste Item(s) Buying Service Provider shall ensure insurance as may be required by Applicable Law is obtained and always maintained, and the Customer/Seller and/or KABADIPLUS shall not be liable for taking insurance or paying premium thereof or any liability arising out of.

5.11 The Scrap/Waste Item(s) Buying Service Provider shall ensure that he is not using the Device for any purpose other than for providing Service in the manner provided under these Scrap/Waste Item(s) Buying Service Provider T&C. The Scrap/Waste Item(s) Buying Service Provider shall ensure that the Device is not busy for long, unavailable or switched off while the Scrap/Waste Item(s) Buying Service Provider is being plied on the Portal.

5.12 The Scrap/Waste Item(s) Buying Service Provider may access video / interactive content on the Portal, provided that the Scrap/Waste Item(s) Buying Service Provider shall ensure that such access / use during halts / stops doesn’t lead to deficiency of Service or negligence towards the Customer/Seller.

5.13 On allotment of a Booking in response to a Service Request, the Scrap/Waste Item(s) Buying Service Provider shall ensure that he/she arrives prior to the assigned time.

5.14 The Scrap/Waste Item(s) Buying Service Provider shall ensure that he/she shall weigh and measure scrap/waste item(s) as presented by the Customer/Seller accurately.

5.15 The Scrap/Waste Item(s) Buying Service Provider will have a functioning mobile number and also have the ability to read text messages sent by KABADIPLUS, regarding the Customer/Seller details and to convey Customer/Seller feedback.

5.16 In the event the Scrap/Waste Item(s) Buying Service Provider pilfers or tampers with the property of the Customer/Seller, the Scrap/Waste Item(s) Buying Service Provider shall be solely liable for any damages claimed by the Customer/Seller and KABADIPLUS may at its sole discretion terminate the Scrap/Waste Item(s) Buying Service Provider’s registration and disable the Scrap/Waste Item(s) Buying Service Provider’s access to the Portal. KABADIPLUS shall in no event be liable for loss of or damage caused to the property of the Customer/Seller.

5.17 Scrap/Waste Item(s) Buying Service Provider hereby acknowledges and agrees that KABADIPLUS shall alone be responsible for settling any payment related issues between Customer and Scrap/Waste Item(s) Buying Service Provider. In case of any conflict, the Scrap/Waste Item(s) Buying Service Provider shall seek instructions from KABADIPLUS. The Scrap/Waste Item(s) Buying Service Provider agrees that the decision taken by KABADIPLUS shall be final and binding on the Scrap/Waste Item(s) Buying Service Provider in the aforesaid case.

5.18 The Scrap/Waste Item(s) Buying Service Provider shall make himself/ herself available for such trainings as KABADIPLUS may be required to organize pursuant to Applicable Law or as KABADIPLUS may deem necessary from time to time.

5.19 The Device shall be the sole responsibility of the Scrap/Waste Item(s) Buying Service Provider and the Scrap/Waste Item(s) Buying Service Provider shall be liable or responsible for any loss or damage to the Device caused by a Customer/Seller or any other third party for any reason whatsoever.

5.20 The Scrap/Waste Item(s) Buying Service Provider shall strictly adhere respective RWA rules and regulations during the performance of the Services, wear proper neat and clean dress, not consume liquor / cigarette / bidi, or any other kind of intoxicant while performing the Service/(s) and shall have and hold a registration certificate / papers at all times.

5.21 Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Scrap/Waste Item(s) Buying Service Provider. The Scrap/Waste Item(s) Buying Service Provider shall immediately inform KABADIPLUS in case of any cancellation or refusal of allotted Booking. Further, the Scrap/Waste Item(s) Buying Service Provider hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Scrap/Waste Item(s) Buying Service Provider Proceeds.

5.22 The Scrap/Waste Item(s) Buying Service Provider agrees that the any costs associated with the maintenance of the weighing machine/measurement instruments or any other appliances shall be borne by the Scrap/Waste Item(s) Buying Service Provider only.

5.23 The Scrap/Waste Item(s) Buying Service Provider shall be solely responsible for:

  1. any failure to complete a Service Request accepted by the Scrap/Waste Item(s) Buying Service Provider;
  2. any failure to attend Customer(s)/Seller(s) at the allotted time and/or place;
  3. any act or omission on the part of its Scrap/Waste Item(s) Buying Service Provider including any verbal, physical or harassment of any nature;
  4. any violation or non-adherence to the Applicable Law by it;
  5. any nuisance or damage caused to the property of KABADIPLUS by the Scrap/Waste Item(s) Buying Service Provider or any misbehavior with KABADIPLUS representatives; misbehavior shall include within its purview using abusive language, causing physical harm and making indecent gestures;
  6. any physical and/or mortal danger caused to the Customers/Seller whilst using or in connection with the Service;
  7. any delay of more than 10 (ten) minutes caused to the Customer(s)/Seller(s);and
  8. assessing less value of scrap/waste item(s) of the Customer/Seller or assessing less value of scrap/waste Item(s) what is displayed on the KABADIPLUS; and

5.24 The Scrap/Waste Item(s) Buying Service Provider, shall not either directly or indirectly:

  1. engage in any conduct that damages the reputation or causes inconvenience in any manner, to KABADIPLUS; or
  2. be the reason for KABADIPLUS to be a part of any negative publicity.

5.25 The Scrap/Waste Item(s) Buying Service Provider hereby agrees that any complaint/s by Customers /Sellers regarding the Scrap/Waste Item(s) Buying Service Provider will be considered to be a breach of the obligations by the Scrap/Waste Item(s) Buying Service Provider hereunder for which KABADIPLUS shall not be responsible in any manner. If there is any serious complaint regarding any particular incident and/or Scrap/Waste Item(s) Buying Service Provider, KABADIPLUS may, in its sole discretion, immediately terminate the Account of such Scrap/Waste Item(s) Buying Service Provider, by providing a written notice to Scrap/Waste Item(s) Buying Service Provider to this effect.

5.26 Scrap/Waste Item(s) Buying Service Provider will maintain all relevant books, records and accounts relating to the Services provided by Scrap/Waste Item(s) Buying Service Provider and scrap/waste item(s) collected. Upon reasonable notice, KABADIPLUS may audit, or may appoint a qualified independent auditor to audit, the books and records of the Scrap/Waste Item(s) Buying Service Provider to verify the accuracy of the amount of value assessed by the Scrap/Waste Item(s) Buying Service Provider. If such audit reveals any discrepancies with respect to the value assessed and submitted to KABADIPLUS, then in addition to KABADIPLUS retaining the right to exercise other remedies, may require the Scrap/Waste Item(s) Buying Service Provider to promptly pay KABADIPLUS an amount equal to the discrepancy and may ask for an additional amount as fine from the Scrap/Waste Item(s) Buying Service Provider. The audits will be conducted at KABADIPLUS’s expense; provided, however, that if the audit reveals an under value assessment by the Scrap/Waste Item(s) Buying Service Provider with respect to collection of scrap/waste Item(s) to KABADIPLUS in excess of 5% (five percent), then Scrap/Waste Item(s) Buying Service Provider, in addition to payment obligations described above, will promptly reimburse KABADIPLUS for all reasonable, third party audit fees.

5.27 KABADIPLUS may require the Scrap/Waste Item(s) Buying Service Provider to affix KABADIPLUS brand including but not limited to its logo / sticker on the its Vehicle. In such event, Scrap/Waste Item(s) Buying Service Provider shall extend all necessary support and assistance to KABADIPLUS for affixing KABADIPLUS brand on the its Vehicle. It is hereby clarified that Scrap/Waste Item(s) Buying Service Provider will not be entitled for any additional payments for the KABADIPLUS logo / sticker affixed on the its Vehicle, if any. KABADIPLUS logo / sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these Scrap/Waste Item(s) Buying Service Provider T&C.

6. DEVICE

The provisions relating to KABADIPLUS Device(s) and Non-KABADIPLUS Device shall be as set out in the Subscription Agreement.

7. CONTENTS POSTED ON PORTAL / KABADIPLUS APP

7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / KABADIPLUS APP is owned, controlled or licensed by or to KABADIPLUS and is protected under the Applicable Law.

7.2 Except as expressly provided in these Scrap/Waste Item(s) Buying Service Provider T&C, the Scrap/Waste Item(s) Buying Service Provider shall not:

  1. Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / KABADIPLUS APP, or any portion thereof;
  2. Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / KABADIPLUS APP;
  3. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate of third party privacy rights;
  4. Store or disseminate material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  5. Use the Portal / KABADIPLUS APP in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;
  6. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / KABADIPLUS APP or any activities conducted on the KABADIPLUS’s servers;
  7. Copy, sell, sub-license or assign the Portal / KABADIPLUS APP, and its rights under these Scrap/Waste Item(s) Buying Service Provider T&C, without the prior written consent of KABADIPLUS;
  8. Distribute, disclose or allow use of the Portal / KABADIPLUS APP by any third party in any format, through any timesharing service, service bureau, network or by any other means; or
  9. Merge or combine the Portal / KABADIPLUS APP with any other technology not provided by KABADIPLUS.

7.3 You may use information on the Portal / KABADIPLUS APP purposely made available by KABADIPLUS for downloading from the Portal /KABADIPLUS APP, provided that You:

  1. do not remove any proprietary notice language in all copies of such documents; or
  2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
  3. make no modifications to any such information; or
  4. do not make any additional representations or warranties relating to such documents.

7.4 You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / KABADIPLUS APP (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become KABADIPLUS’s property and You grant KABADIPLUS the worldwide, perpetual and transferable rights in such Posted Content. KABADIPLUS shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by KABADIPLUS in the manner that KABADIPLUS deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by KABADIPLUS. KABADIPLUS will use such information in accordance with the Scrap/Waste Item(s) Buying Service Provider T&C including any KABADIPLUS Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, You shall be solely responsible for any liability arising out of the Posted Content on the Portal.

8. KABADIPLUS’S RESERVED RIGHTS

8.1 KABADIPLUS may, upon notice to the Scrap/Waste Item(s) Buying Service Provider, delist or remove the Information pertaining to the Scrap/Waste Item(s) Buying Service Provider from the Portal / KABADIPLUS APP.

9. PRIVACY TERMS

9.1 KABADIPLUS stores and processes Your Information, including any sensitive financial information, in accordance with the Information Technology Act, 2000 and the Rules made there under as well as the Privacy Policy of KABADIPLUS as will be notified to you via text message and/or email from time to time. If You object to Your Information being used in the manner prescribed by law or under KABADIPLUS’s Privacy Policy, please refrain from continuing to use and registering on the Portal / KABADIPLUS APP.

9.2 Notwithstanding the foregoing, KABADIPLUS shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, Your particulars, in any way as KABADIPLUS, in its absolute discretion, deems fit or if it considers it in its interests to do so.

10. REPRESENTATIONS AND WARRANTIES

10.1 You represent and warrant that:

  1. You are eligible for registration on the Portal / KABADIPLUS APP and creation of an Account in terms of these Scrap/Waste Item(s) Buying Service Provider T&C.
  2. You have all requisite power and authority to, deliver and perform the obligations imposed herein;
  3. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;
  4. You are the rightful owner of the Vehicle or have the requisite authority or assignment to drive the Vehicle for commercial purpose and there are no restrictions with respect to the use of the Vehicle for commercial purpose that will hinder You from the performance of the Services;
  5. You have all rights, licenses and permits as may required by Applicable Laws to perform the Service in accordance with the terms of the Scrap/Waste Item(s) Buying Service Provider Agreement and these Scrap/Waste Item(s) Buying Service Provider T&C. The Scrap/Waste Item(s) Buying Service Provider hereby represents that he/she shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle used to provide Scrap/Waste Item(s) Buying Service. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Scrap/Waste Item(s) Buying Service Provider T&C.
  6. You have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, You are not a party to any pending litigation which shall materially affect Your obligations under these Scrap/Waste Item(s) Buying Service Provider T&C.

10.2 You undertake that, at all times during the Term, You will:

  1. abide by these Scrap/Waste Item(s) Buying Service Provider T&C, Zero Tolerance Policy and the KABADIPLUS Policies, as may be made applicable to You from time to time;
  2. perform the Service/(s) in accordance with all Applicable Laws;
  3. not violate the intellectual property rights of KABADIPLUS or of any third party and for any breach or violation of such intellectual property rights,
  4. be solely responsible to comply with KABADIPLUS Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with KABADIPLUS or the Customer/Seller or any other third parties.

11. DISCLAIMER

11.1 You understand and acknowledge that KABADIPLUS disclaims and shall disclaim all representations and warranties to the Customer/Seller, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Scrap/Waste Item(s) Buying Service Provider that are used by the Scrap/Waste Item(s) Buying Service Provider as a part of the Services and Services offered by the Scrap/Waste Item(s) Buying Service Provider through the Portal.

11.2 KABADIPLUS does not warrant that You will be able to use the Portal / KABADIPLUS APP and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Scrap/Waste Item(s) Buying Service Provider App and the Services provided through the Portal / Scrap/Waste Item(s) Buying Service Provider App will be uninterrupted or error-free or that the defects will be capable of being corrected by KABADIPLUS in a timely fashion. KABADIPLUS’s Portal, and all other technology developed and installed on the Device by KABADIPLUS are provided on an “AS IS” and “AS AVAILABLE” basis and KABADIPLUS specifically disclaims

all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. KABADIPLUS also does not provide any warranties as regards the compatibility of KABADIPLUS’s Portal, KABADIPLUS APP or any other installed technology with the Device of the Scrap/Waste Item(s) Buying Service Provider and the results as well as performance of the Portal / Scrap/Waste Item(s) Buying Service Provider App may vary depending on the model of the Device.

12. CONFIDENTIALITY

12.1 You acknowledge that pursuant to this Scrap/Waste Item(s) Buying Service Provider T&C, You will have access to confidential information of KABADIPLUS and its affiliates which has been provided by KABADIPLUS. You undertake to keep confidential all data and other confidential information of KABADIPLUS and shall not sell or otherwise make that information available to any third parties.

12.2 Except as otherwise agreed, the data of Customers/Sellers will be the exclusive property of KABADIPLUS, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Scrap/Waste Item(s) Buying Service Provider T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer/Seller details, market information, all work products and documents related thereto, the contents of the Portal, KABADIPLUS APP or any other information which is treated as confidential by KABADIPLUS, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

13.1 You agree and undertake to indemnify and to hold harmless KABADIPLUS its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Scrap/Waste Item(s) Buying Service Provider T&C; (ii) any violation of KABADIPLUS Policies or any other policies provided by KABADIPLUS; (iii) any harm to the reputation and goodwill of KABADIPLUS; (iv) any claim of viKABADIPLUStion of intellectual property of a third party by Scrap/Waste Item(s) Buying Service Provider’s usage of KABADIPLUS’s intellectual property in a manner not permitted under these Scrap/Waste Item(s) Buying Service Provider T&C; (v) Scrap/Waste Item(s) Buying Service Provider’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Scrap/Waste Item(s) Buying Service Provider the transfer of such data to the competitors of KABADIPLUS or its affiliates or to any third party; and (vii) fraud, negligence and misconduct of the Scrap/Waste Item(s) Buying Service Provider.

13.2 You shall be liable to indemnify and hold KABADIPLUS harmless against all damages, losses, costs and expenses incurred by KABADIPLUS as a consequence of any complaint from any Customer/Seller received by KABADIPLUS with respect to defective Service/(s).

13.3 In addition to the indemnification rights of KABADIPLUS under these Scrap/Waste Item(s) Buying Service Provider T&C, KABADIPLUS shall also be entitled to such other remedies available under Applicable Laws.

13.4 In no event will KABADIPLUS be liable for any losses arising from or in connection with these Scrap/Waste Item(s) Buying Service Provider T&C, pursuant to any claim by the Scrap/Waste Item(s) Buying Service Provider against KABADIPLUS under contract, tort or otherwise, if such losses could have been avoided by the Scrap/Waste Item(s) Buying Service Provider using reasonable efforts to mitigate them. Further, KABADIPLUS shall also not be liable to the Scrap/Waste Item(s) Buying Service Provider in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of KABADIPLUS to the Scrap/Waste Item(s) Buying Service Provider or to any person claiming under or through it, shall not exceed INR 1,000/- (Rupees One Thousand only).

13.5 KABADIPLUS shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Scrap/Waste Item(s) Buying Service Provider arising out of the use of the service offered by KABADIPLUS to the Scrap/Waste Item(s) Buying Service Provider directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s/Seller’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of KABADIPLUS or any person or any organization involved in the above mentioned systems. The Scrap/Waste Item(s) Buying Service Provider shall also be liable to KABADIPLUS for any loss caused to KABADIPLUS due to the negligence of Scrap/Waste Item(s) Buying Service Provider or any unlawful act or omission in the performance of the Service. Without prejudice to the above, KABADIPLUS shall not be liable for any direct or indirect loss or damage, which may be suffered by the Scrap/Waste Item(s) Buying Service Provider as a result of any failure by a Customer/Seller to show up within any stipulated time even if KABADIPLUS has agreed to such timing or even if the Customer/Seller has advised KABADIPLUS of the possibility that he / she may not show up within the stipulated time.

14. TERMINATION OF SCRAP/WASTE ITEM(S) BUYING SERVICE PROVIDER REGISTRATION

14.1 The Parties to these Scrap/Waste Item(s) Buying Service Provider T&C shall be entitled to terminate these Scrap/Waste Item(s) Buying Service Provider T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.

14.2 The Parties to these Scrap/Waste Item(s) Buying Service Provider T&C shall be entitled to terminate these Scrap/Waste Item(s) Buying Service Provider T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Scrap/Waste Item(s) Buying Service Provider T&C by a Party which is not the Party proposing to terminate the Scrap/Waste Item(s) Buying Service Provider T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.

14.3 Upon termination of these Scrap/Waste Item(s) Buying Service Provider T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Scrap/Waste Item(s) Buying Service Provider on the Portal shall stand cancelled and the Account shall be terminated and the Scrap/Waste Item(s) Buying Service Provider shall not be eligible to list its services on the Portal.

14.4 Upon the expiry or early termination of these Scrap/Waste Item(s) Buying Service Provider T&C:

  1. The Scrap/Waste Item(s) Buying Service Provider shall pay to KABADIPLUS all amounts due and owing to KABADIPLUS.
  2. KABADIPLUS may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Scrap/Waste Item(s) Buying Service Provider to KABADIPLUS under these Scrap/Waste Item(s) Buying Service Provider T&C.
  3. On the termination of Your registration, KABADIPLUS will settle the Scrap/Waste Item(s) Buying Service Provider Proceeds which have become due to You on account of the Service to the Customers/Sellers through the Portal and for other activities agreed under the Subscription Agreement, prior to the date of termination.
  4. Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Scrap/Waste Item(s) Buying Service Provider T&C and/or the Subscription Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
  5. The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Scrap/Waste Item(s) Buying Service Provider T&C and/or the Subscription Agreement. In connection with the marketing activities, on termination or expiration of the Subscription Agreement along with the Scrap/Waste Item(s) Buying Service Provider T&C, the Scrap/Waste Item(s) Buying Service Provider shall ensure that KABADIPLUS branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by KABADIPLUS and mutually agreed between the Parties), if any, shall be immediately removed. If the Scrap/Waste Item(s) Buying Service Provider is unable to remove the branding himself, Scrap/Waste Item(s) Buying Service Provider shall promptly approach KABADIPLUS’s nearest office for removal of the branding. KABADIPLUS disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Scrap/Waste Item(s) Buying Service Provider after expiry or termination of the Subscription Agreement and Scrap/Waste Item(s) Buying Service Provider T&C.

14.5 Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer), 12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Scrap/Waste Item(s) Buying Service Provider Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Scrap/Waste Item(s) Buying Service Provider T&C in accordance with their terms.

14.6 Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.

14.7 Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which KABADIPLUS may have, arising out of the event which gave rise to the right of termination.

15. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

15.1 If any dispute arises between You and KABADIPLUS, in connection with, or arising out of, these Scrap/Waste Item(s) Buying Service Provider T&C, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 to be adjudicated by a sole arbitrator to be appointed by KABADIPLUS. Arbitration shall be held in Delhi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

15.2 These Scrap/Waste Item(s) Buying Service Provider T&C shall be governed by and construed in accordance with the laws of India.

15.3 Subject to clause 15.1, the courts in Delhi shall have the exclusive jurisdiction in connection with this Agreement.

15.4 In addition to above remedies, KABADIPLUS shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies KABADIPLUS may have at law or in equity.

16. MISCELLANEOUS

16.1 Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these Scrap/Waste Item(s) Buying Service Provider T&C along with Commercial Term Segment, KABADIPLUS Policies, Zero Tolerance Policy and any other policy that KABADIPLUS notifies to the Scrap/Waste Item(s) Buying Service Provider from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Scrap/Waste Item(s) Buying Service Provider T&C and any other agreement executed between the parties, the terms of the Scrap/Waste Item(s) Buying Service Provider T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Scrap/Waste Item(s) Buying Service Provider T&C.

16.2 Independent Contractor Status: The relationship created by Scrap/Waste Item(s) Buying Service Provider T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Scrap/Waste Item(s) Buying Service Provider shall not be deemed for any purpose to be an employee of KABADIPLUS or any of its Affiliates. KABADIPLUS shall not be responsible to the Scrap/Waste Item(s) Buying Service Provider or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.

16.3 Assignment: Neither these Scrap/Waste Item(s) Buying Service Provider T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Scrap/Waste Item(s) Buying Service Provider to any third party, without the prior written consent of KABADIPLUS. KABADIPLUS may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.

16.4 Force Majeure: Any delay in or failure to perform any obligations by either party under the Scrap/Waste Item(s) Buying Service Provider T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to KABADIPLUS. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which KABADIPLUS receives the notice from You as above, KABADIPLUS shall have the right to terminate these Scrap/Waste Item(s) Buying Service Provider T&C.

16.5 Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Scrap/Waste Item(s) Buying Service Provider T&C:

  1. By electronic mail. For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other, KABADIPLUS: info@KABADIPLUS.COM; Scrap/Waste Item(s) Buying Service Provider: As provided during attachment.
  2. By SMS sent to mobile number at: KABADIPLUS: Not Applicable; Scrap/Waste Item(s) Buying Service Provider: As provided during attachment.
  3. By hand, against a written acknowledgement of receipt by the receiving Party. KABADIPLUS: L – 47, 2nd Floor, Lajpat Nagar 2nd, New Delhi – 110024, India Scrap/Waste Item(s) Buying Service Provider: As provided during attachment.
  4. By registered mail. Same as mentioned in 16.5(iii) above. In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.

16.6 Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.

16.7 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

16.8 Amendment: These Scrap/Waste Item(s) Buying Service Provider T&C may be modified or amended by KABADIPLUS at its sole and absolute discretion.

ZERO TOLERANCE POLICY

Scrap/Waste Item(s) Buying Service Provider will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Scrap/Waste Item(s) Buying Service Provider from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned below:

Breach/FIne Consequences: AS INFORMED BY KABADIPLUS FROM TIME TO TIME

Breach Cases:

  1. Asking for tips:
    Scrap/Waste Item(s) Buying Service Provider shall not Proactively ask for ‘tips’ from the Customer/Seller. Scrap/Waste Item(s) Buying Service Provider shall not hassle the Customer/Seller for change.
  2. Wasting Customer’s Time:
    Scrap/Waste Item(s) Buying Service Provider shall complete the inspection of scrap/waste item(s) as soon as possible, Scrap/Waste Item(s) Buying Service Provider shall not make any personal comments during the inspection/assessment of scrap/waste item(s) as presented by Customer/Seller.
  3. Personal hygiene:
    Scrap/Waste Item(s) Buying Service Provider shall wear neat KABADIPLUS uniform & badge (if provided by CNS) at all times during duty hour. Scrap/Waste Item(s) Buying Service Provider shall maintain personal hygiene.
  4. Customer Service:
    Scrap/Waste Item(s) Buying Service Provider shall greet Customers/Seller both at arriving and departure after completion of services. Scrap/Waste Item(s) Buying Service Provider shall manage the scrap/waste item(s) of customer/seller during the pre-buy inspection/assessment .
  5. Cleanliness:
    Scrap/Waste Item(s) Buying Service Provider shall keep the weighing machine/measurement instruments clean. Scrap/Waste Item(s) Buying Service Provider shall make the weighing machine/measurement instrument available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and Scrap/Waste Item(s) Buying Service Provider will be blocked from the device.
  6. Disturbing Customer:
    Scrap/Waste Item(s) Buying Service Provider shall not talk loudly to the customer/seller. Scrap/Waste Item(s) Buying Service Provider shall not proactively engage into a personal conversation with the Customer/Seller and shall not resort to any kind of unpleasant behaviour with Customers/Sellers.
  7. No Smoking/Tobacco/Pan/Masala/Food Item:
    Scrap/Waste Item(s) Buying Service Provider shall not smoke during the dealing with customer/seller. Scrap/Waste Item(s) Buying Service Provider shall not chew any masala or chewing gum or any other food item while dealing in progress.
  8. The Scrap/Waste Item(s) Buying Service Provider shall ensure that he has adequate funds in his e-wallet so that at all times he is in the position to make payments to the Customer/Seller in lieu of purchase of scrap/waste item(s).
  9. The Scrap/Waste Item(s) Buying Service Provider should not make any fake calls or give any missed calls to the Customer’s/Seller’s contact number. The Scrap/Waste Item(s) Buying Service Provider should only give a call to the Customer/Seller informing the Customer about the arrival of at the provided address/location. Scrap/Waste Item(s) Buying Service Provider shall not make unwarranted use of the Customer contact details after the completion of their services to the customer/seller.
  10. The Scrap/Waste Item(s) Buying Service Provider shall be well versed with the area of service.
  11. Delay In reaching:
    Scrap/Waste Item(s) Buying Service Provider should reach the address provided by the customer/seller (well before given time). Scrap/Waste Item(s) Buying Service Provider must intimate the Customer/Seller that he has reached at the given address/location.
  12. Scrap/Waste Item(s) Buying Service Provider should keep his mobile ‘ON’ while he is logged into the KABADIPLUS Portal and he should receive every call of the Customer/Seller.
  13. KABADIPLUS Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.
  14. Rude Behavior with Female Customer:
    Scrap/Waste Item(s) Buying Service Provider shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer/Seller.Scrap/Waste Item(s) Buying Service Provider should follow the instructions given by Customer as well as by KABADIPLUS Call Centre.
  15. Mobile Phone Usage:
    Driver shall not use mobile phones (unless for emergency purposes) while assessing scrap/waste item(s). This includes but not limited to SMS, video calls, voice, MMS and downloading. However, this shall not apply in case of calls from KABADIPLUS representatives and the Customer/Seller.
  16. Reporting To KABADIPLUS :
    Scrap/Waste Item(s) Buying Service Provider shall not lie about thier’s position to the KABADIPLUS representative. Scrap/Waste Item(s) Buying Service Provider shall not report their assessment on scrap/waste item(s) incorrectly.
  17. Certificate / Documents:
    While on duty hours with KABADIPLUS it is mandatory to keep copy of certificate issued under the provision of the Street Vendors (Protection Of Livelihood and Regulation Of Street Vending) Act, 2014 and all other relevant impacting papers
  18. The Scrap/Waste Item(s) Buying Service Provider shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by KABADIPLUS).
  19. The Scrap/Waste Item(s) Buying Service Provider shall not reject a booking or a Customer/Seller once he has accepted the duty and logged in and shall not switch off his mobile under any circumstances.
  20. . Device Misuse:
    The Scrap/Waste Item(s) Buying Service Provider shall ensure that the Device (as defined in the Scrap/Waste Item(s) Buying Service Provider T&C) shall not be misused in any ways
  21. Scrap/Waste Item(s) Buying Service Provider lying or completing service in bad-faith:
    The Scrap/Waste Item(s) Buying Service Provider should assess the best possible valuation of scrap/waste item(s).The Scrap/Waste Item(s) Buying Service Provider should not misrepresent or misguide on the assessment of scrap/waste item(s) to decrease the value of scrap/waste item(s).
  22. The Scrap/Waste Item(s) Buying Service Provider shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the KABADIPLUS Portal or during the transaction period.
  23. Abusive or discriminatory Scrap/Waste Item(s) Buying Service Provider:
    The Scrap/Waste Item(s) Buying Service Provider should not do anything like abusing the Customer/Seller, talking to Customer/Seller or any such behavior which shall make the Customer/Seller feel uncomfortable during the transaction. The Scrap/Waste Item(s) Buying Service Provider should not discriminate against Customer/Seller for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
  24. Rude behavior/ Customer inconvenience:
    The Scrap/Waste Item(s) Buying Service Provider should not ask any question from the Customer/Seller in the middle of the pre-buying inspection even if any misunderstanding or verbal fights happen between the Customer/Seller and the the Scrap/Waste Item(s) Buying Service Provider.
  25. Extra Ordinary Circumstances:
    Any instance of the Scrap/Waste Item(s) Buying Service Provider’s behavior that directly or indirectly impacts the KABADIPLUS’s “Brand Image”.
  26. Maximum Weight
    Never load the vehicle above the manufacturer’s maximum specified weight during the transportation of the scrap/waste item(s).
  27. Medically Fit
    Never buy/collect the scrap/waste item(s) if medical conditions will impact scrap/waste item(s) buying Service.
  28. Unauthorized Goods or Persons
    Not carry any unauthorized goods or persons till the completion of the Service.

EXHIBIT-C

COMMERCIAL TERMS Segment

Details of the following commercial terms will be informed by KABADIPLUS from time to time:

Description of Commercial Terms

  1. Scrap/Waste Item(s) Buying Service Provider Device Model & Serial No.
  2. Platform Subscription Fees for the use of KABADIPLUS technology platform (Rs.)
  3. Incentives
  4. Commission Payable to KABADIPLUS (Percentage) [KABADIPLUS
  5. Security Deposit for KABADIPLUS Device

Details:

To be informed by KABADIPLUS from time to time.

Key Terms:

  1. All payments due to the Scrap/Waste Item(s) Buying Service Provider shall be made through NEFT/RTGS etc., as mutually agreed from time to time.
  2. Incentive (if any) may be given to the Scrap/Waste Item(s) Buying Service Provider by KABADIPLUS from time to time. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc.. For the sake of clarity, both the parties akcnowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.
  3. You authorize KABADIPLUS to make deductions from the Scrap/Waste Item(s) Buying Service Provider Proceeds which includes the following:
    (a) Tax Deduction at Source (TDS) as per the Income Tax Act, 1961, where applicable;
    (b) GST and other applicable taxes, if any; and
    (c) and any other amounts due and payable by the Scrap/Waste Item(s) Buying Service Provider to KABADIPLUS as per applicable law.
  4. The terms in this Commercial Terms Segment is subject to change and will be communicated to the Scrap/Waste Item(s) Buying Service Provider via SMS/call to registered mobile number.
  5. The Scrap/Waste Item(s) Buying Service Provider hereby agrees that discounts given to the users of the Portal, if any, will be decided by KABADIPLUS on a case-to-case basis which shall be informed to the Scrap/Waste Item(s) Buying Service Provider by KABADIPLUS, and the Fee finally appearing on the Device configured by KABADIPLUS for settlement between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS shall be final and binding on the Scrap/Waste Item(s) Buying Service Provider. The Scrap/Waste Item(s) Buying Service Provider shall agree to the same without demur or protest.
  6. KABADIPLUS reserves the right to change the rates and payment terms between the Scrap/Waste Item(s) Buying Service Provider and KABADIPLUS mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Scrap/Waste Item(s) Buying Service Provider.
  7. Notwithstanding anything contained in this Agreement, where KABADIPLUS has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), KABADIPLUS will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription Amount or in the event of insufficient Subscription Amount, KABADIPLUS will be entitled to require the Scrap/Waste Item(s) Buying Service Provider to remit the Suspect Charge in cash with KABADIPLUS.
  8. Credit Limit: The Scrap/Waste Item(s) Buying Service Provider shall be allowed an amount of Rs. 500/- (Rupees Five Hundred Only) as the Credit Limit for each Scrap/Waste Item(s) Buying Service Provider to operator on KABADIPLUS platform.
    “Credit Limit” means allowable outstanding receivables of KABADIPLUS from the Scrap/Waste Item(s) Buying Service Provider. Scrap/Waste Item(s) Buying Service Provider shall ensure that the Credit Limit shall not exceed Rs. 500/- at any point in time. However, KABADIPLUS shall at its sole discretion change the allowable Credit Limit for the Scrap/Waste Item(s) Buying Service Provider from time to time and shall notify the same to the Scrap/Waste Item(s) Buying Service Provider.
  9. KABADIPLUS shall notify the Scrap/Waste Item(s) Buying Service Provider as soon as the Credit Limit is reached. Once, the Credit Limit exceeds the above specified limit, the Account will become inactive without any further notification. The Scrap/Waste Item(s) Buying Service Provider will not be allotted any further bookings till the Scrap/Waste Item(s) Buying Service Provider pays the outstanding amount exceeding the specified credit limit. The Scrap/Waste Item(s) Buying Service Provider can pay the outstanding amount via cash, cheque or NEFT.
  10. Settlement: Pursuant to any settlement (“Settlement”) that the Scrap/Waste Item(s) Buying Service Provider is required to make with KABADIPLUS, under the terms of this Agreement and/or these the Scrap/Waste Item(s) Buying Service Provider T&C, whether for a breach of this Agreement and/or the Scrap/Waste Item(s) Buying Service Provider T&C or otherwise, KABADIPLUS shall send a report of the Settlement by short message service (SMS) / email / post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Scrap/Waste Item(s) Buying Service Provider. The Scrap/Waste Item(s) Buying Service Provider shall make payment of the amounts mentioned in the Settlement to KABADIPLUS within 7 (seven) days from the date of receipt of such Settlement details. If the Scrap/Waste Item(s) Buying Service Provider fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, KABADIPLUS shall have the right thereafter without any reference to the Scrap/Waste Item(s) Buying Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription Amount. If the Subscription Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Scrap/Waste Item(s) Buying Service Provider by KABADIPLUS.

EXHIBIT-D

ELIGIBILITY CRITERIA

  1. The Scrap/Waste Item(s) Buying Service Provider must be competent to contract within the meaning of the Indian Contract Act, 1872.
  2. The Scrap/Waste Item(s) Buying Service Provider must have a ‘Reserve Bank of India KYC compliant’ bank account.
  3. The Scrap/Waste Item(s) Buying Service Provider must not be convicted of any offence for the preceding 10 years.
  4. The Scrap/Waste Item(s) Buying Service Provider must be a man of good repute and character and must never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in Scrap/Waste Item(s) Buying Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Scrap/Waste Item(s) Buying Service Provider regarding and neither have Scrap/Waste Item(s) Buying Service Provider been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror.
  5. The Scrap/Waste Item(s) Buying Service Provider must have identity proof i.e. AADHAR, PAN and EPIC etc.
  6. The Scrap/Waste Item(s) Buying Service Provider must have applicable registration certificate under the Street Vendors (Protection Of Livelihood and Regulation Of Street Vending) Act, 2014 and mandatory insurance policy in respect of each Vehicle of the Scrap/Waste Item(s) Buying Service Provider proposed to be used for the transportation of scrap/waste item(s) Services.