PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “USEIFY SERVICES”), YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND ALL OF THE TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE USEIFY SERVICES. THE BRAND ‘USEIFY’ AND THE USEIFY SERVICES ARE OWNED BY USEIFY PRIVATE LIMITED (“USEIFY”) AND ANY REFERENCE TO USEIFY SHALL MEAN AND INCLUDE USEIFY.

These Terms apply to all of the Useify Services, whether or not You have logged into your account with Useify. By accepting these Terms, You are also accepting and agreeing to be bound by the Privacy Policy.

1-Definitions

“Content” is any content, data, information, material or tools provided, uploaded, posted, published or otherwise made available using Useify Services.

“Liquidator” is the entity or individual that collects the Used Goods offloaded by You using the Useify Services and reuses/reprocess/recycles them.

“Listed Items” are the Used Goods, which You offer to give away to the Liquidators and list on your account for pick up.

“Partner Retailer” is an offline shop/store or an online seller on an online marketplace, whether owned by Useify or an affiliate/partner, that has partnered with us to enable You to redeem your Useify Points as part/complete payment for the goods/services it sells to You. A Partner Retailer discounts your purchase to the extent of the Useify Points redeemed by You, on the relevant goods/services.

“Pickup Team” is our logistics team or logistics partner engaged to pick up the Listed Items in accordance with your instructions and these Terms.

“Third Party Content” is the Content owned or licensed by Useify (including but not limited to Useify's copyrights or trademarks) and the Content of other users/Members of Useify Services and/or Content of any other third party.

“Useify Points” are the points offered to the user by Useify, which user can use to redeem on purchase of new goods or services from the Partner Retailers. Every unit of the Useify Points can been redeemed for discount of Re. 1. The value of one point will be revised by Useify on non retrospective basis and will be communicated to the users through separate notification. Useify Points has a limited validity period of One Year from the date of it being issued to You.

“Useify Points” is a discount voucher issued by Useify, which You can use to avail discounts on purchase of new goods or services from the Partner Retailers. Every unit of the Useify Points can been redeemed for discount of Re. 1 for products/services of our Partner Retailers. Useify Points has a limited validity period of One Year from the date of it being issued to You.

“Used Goods” are your pre-owned goods and items, including, clothes, electronics, recyclables, toys and other such items as may be serviced by us from time to time.

“Useify” (also referred on our website, application and our policies, including this ‘Terms of Use’ as “we” or “us”) is a technology service provider that has developed the Useify Services as a platform to ease the offloading/recycling of the Used Goods by bringing together on one platform - the Customer, the Liquidator and the Partner Retailers. Useify facilitates the transactions involved in this process but does not own any such transaction or the goods/services offloaded using the Useify Services. It is clarified that Useify does not engage in buying or selling of goods/services, including the old goods offloaded by You using Useify Services or goods/services purchased by You against redemption of Useify Points.

“You” refers to You, the user of our Useify Services, who uses or will use Useify Services to offload or give away your Used Goods, without any consideration, to the Liquidators. In turn, we make your efforts worthwhile, by offering You the Useify Points, as and when available, which may be redeemed as per these Terms.

“Your Content” is the Content provided by You using any feature of the Useify Services.

2-Useify Services

(I)You may use Useify Services to offload the Used Goods without having to step out of your house or office. These Used Goods are in turn collected by the Liquidators for recycling/reuse/reprocessing. We reward you with Useify Points for your efforts, which You can redeem at our Partner Retailers to claim discount up to the extent offered by the Partner Retailers on their respective goods and services.

(II)It is our constant endeavour to get You the greatest of the offers and discounts.

3-Registration

(I) You will need to register with us as a member to access and use Useify Services, including sections of our website or application reserved for our members. We, however, permit limited access to certain portion of the Useify Services without registration, for instance, sections of our website and application made available for browsing to non-members.

(II)By registering as a member, with a valid mobile number, at our website or application (any such person is referred to as a “Member” upon successful registration), You represent and warrant to Useify that:
(A) your age is 18 years or above;
(A) You have the capacity to form a binding contract;
(C) if You are an entity or someone representing an entity, then You have the requisite power and authority to agree to these Terms;
(D) You have or will provide Useify with accurate, current and complete registration information.

4-Pickup of Listed Items

(I)The Useify Points will be fixed as per category of the Listed Items and no negotiations on this are permitted. The Listed Items will be picked up by our Pickup Team. You will be issued Useify Points only after the pickup is completed.

(II)Our Pickup Team will check the Listed Items and assess its condition before marking the pick up as complete. The Listed Items that are damaged, not in working condition or different from the description/category specified may be refused by our Pickup Team. Any dispute regarding rejection of the Listed Item or refusal of service by the Pickup Team may be addressed at subham@useify.in. The dispute shall be investigated and our decision communicated to You by our support team. The decision of support team shall be final and binding to all parties concerned, including You and our logistics partner, as applicable.

(III)You acknowledge and agree that once the Listed Items have been picked up by our Pickup Team, no request for the return of the Listed Items will be entertained in any event whatsoever. By delivering the Listed Items to our Pickup Team, You consent that we are under no obligation to return the Listed Items or offer You replacement for the same in any event or for any reason whatsoever. We, therefore, encourage You to check the Listed Items and ensure that You would not require their return before handing them over to our Pickup Team.

(IV)We will make up to a maximum of 3 (three) pickup attempts, failing which your order for sale of Listed Items will stand cancelled automatically. We can consider rescheduling on your request for up to a maximum of 5 (five) days.

(V)Useify reserves the right to refuse to pick up a Listed Item at its sole discretion.

5-Use of Useify Points

(I)Useify Points are Useify's xchange currency which can be used without any restrictions. You can use your entire Useify Points balance to shop for products listed on the app. The points earned after 1 Jan 2019 by giving your old stuff are Useify Points. 1 UXP = Re. 1

(II)The already existing points that were earned before 1 Jan 2019 are old Useify Points and you can still redeem them partially only on Our Application Buy New Section

(III)We do not offer You any money or cash value for the Listed Items. It does not entitle You to receive cash value in lieu of Useify Points or to use it to purchase goods/services, except tp shop for new products listed on the app.

(IV)You will be able to redeem your entire Useify Points balance without any restrictions to shop for goods/services offered by a Partner. In case you do not have sufficient Useify points to shop for the new product, you can still place an order for it by paying the balance amount using your cards/wallets/netbanking

(V)You will be able to redeem Useify Points only during its validity period. Useify Points will be valid for 1 (ONE) year from the date of issue. We may, in our sole discretion, change the validity period of Useify Points from time to time by amending these Terms. We shall not be liable to make any refunds, returns or adjustments in connection with expired Useify Points. You shall have no claim or recourse against us in respect of such expired Useify Points.

(VI)You acknowledge and agree that we do not endorse, market or promote any of the Partner Retailers or their listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/or services availed by You from these Partner Retailers. You may rate and comment on and provide feedback regarding the Partner Retailers and/or the product and services offered by them using Useify Services. However, all such comments and feedback should be posted in the appropriate category and should abide by the guidelines for Content set out in clause 6 below.

6-Your Data

(I)You and other Members/users may upload, post, publish or otherwise make available your and their Content during registration, in posts, feedbacks, discussion forums or in the course of use of any other feature of the Useify Services. You will own all of Your Content (defined above). You agree that You are the lawful owner having all rights, title and interest in Your Content, and further agree that You are solely responsible and accountable for Your Content.

(II)To the extent that Your Content is protected by laws concerning intellectual property rights, for example, write ups, photos and videos, we shall have and You hereby grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, publish, translate, distribute, perform and display such of Your Content on the Useify website or application or any of our affiliate or partner website, application or publication (“License”). This License will end upon deletion of Your Content or your account unless You have shared Your Content with others. We shall not be liable for use of Your Content by any such third party with whom You have shared the Content. We need these rights with respect to the content in Your Content in order that You may fully utilize the features of the Useify Services and to help us serve You better. If You believe that there is a violation of the terms of License, please notify us by clicking here subham@useify.in.

We also reserve the right to remove any of Your Content should we have reasons to believe that Your Content violates these Terms or rights of any third party.

(III)If You have granted access to Your Content or shared it with others, it means that You are allowing them to access and use Your Content, and to associate it with You (i.e., your name and profile picture). You acknowledge and agree that You will have no claim or recourse against Useify in respect of access and use of Your Content by such other persons.

(IV)You agree that Your Content shall abide by the ‘Guidelines for Use of Useify Services’ set out in Clause 7 below.

7-Guidelines for Use of Useify Services

You agree that, during the course of using Useify Services, You will comply with the following guidelines:

(I).You shall not seek compensation for items You explicitly sent to us, or picked up by or delivered to our Pickup Team that are not awarded Useify Points as per our terms;

(II).You shall not request the return or replacement of your Listed Items picked up by, or delivered to, us or our Pickup Team;

(III).You shall not circumvent or manipulate the terms of use of the Useify Services or Useify Points;

(IV).You shall not transfer your Useify account, or any of the attendant obligations and rights, to another party;

(V).You shall not, directly or indirectly, use Useify Services in any manner that contravenes the provision of the applicable law, rule, regulation or guidelines for time being in force, including but not limited to offering, attempting to offer, trading or attempting to trade in any goods and/or services, the dealing of which is prohibited or restricted in any manner under the provisions of applicable law;

(VI).You shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of Useify or any third party. More specifically, You shall not copy, modify or distribute any content or materials from the Useify Services or tools, or any of Useify trademarks;

(VII).You shall not harvest or otherwise collect any information about Members, including email addresses, mailing addresses, or Member preferences without their or our consent; or

(VIII).You shall not hack, modify, circumvent or otherwise attempt to access portions of data contained within the Useify Services that are not explicitly presented to You.

(XI).You shall not post or distribute:
(XI)A-spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
(XI)B-viruses or any other technologies that may harm Useify, or the interests or property of Useify Members, affiliates and vendors;
(XI)C-any Content that is false, inaccurate, misleading, defamatory, or libellous, including personal information, or pertains to the transfer or sale of any illegal, counterfeit, stolen goods and/or services;
(XI)D-any Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party,
(XI)E-any Content that is obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

8-Violations by User

You agree that in the event your Content violates any provision of these Terms, we shall have the right to terminate and or suspend your membership of the Useify website and/or application and refuse to provide You or any person acting on your behalf, access to the Useify Services.

9-Third Party Content and Services

(I)The Useify Services, including its website and application, contain or may contain Third Party Content. You agree not to copy, modify, distribute, reverse engineer or create derivative work from such Third Party Content.

(II)Useify may provide, on its website or application, links to sites operated by third parties. If You access such third party sites, it shall be at your risk, and subject to that site’s terms and conditions of use and privacy policy that may be different from those of Useify Services. It is your responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these third party sites. Useify makes no warranty or representation regarding, and does not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

(III)Your interactions with organizations and/or individuals found on or through the Useify Service, including the Partner Retailers, and terms of your dealings with them, including redemption of Useify Points, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated therewith, are solely between You and such organization and/or individual. You should make whatever investigation You feel necessary or appropriate before proceeding with any such transaction or dealing with any of these third parties.

10-Abuse of Useify

You agree to inform us if You come across any posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following link subham@useify.in to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any Content and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Useify Services in keeping with the letter and spirit of these Terms. In the event, You encounter any problems with the use of the Useify Services You are requested to report the problem by clicking on this link subham@useify.in.

11-Liability

(I)You acknowledge that we do not have any role in creation of any Content made available by third parties through use of Useify Services. We do not review any Content and, as such, have no editorial control over and do not guarantee the accuracy or legitimacy thereof. We require and expect our users/Members to comply in good faith with the provisions set out in clause 6 above. You acknowledge and agree that we, and our officers, employees or agents shall not be responsible, accountable or liable for any of (A) Your Content,(B) Third Party Content (to the extent not owned by us), or (C) for any misuse, illegal activity by any third party.

(II)We shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Useify Services or availing any offer or discount made available through Useify. We also cannot guarantee continuous or secure access to the Useify Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness, correctness or quality of the Useify website and/or application and Useify Services.

12-General

We may update these Terms at any time. We will send You an email notification of such updates, which updates shall come into effect at the time of posting them on the Useify website or application.

13-Indemnity

The User will indemnify and hold Useify, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of (A) the use of Useify Services by You, including but not limited to posting of Your Content or the Listed Items, (B)violation of these Terms, applicable laws or the rights of a third party, and/or (C)breach of your representations and warranties.

14-Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at GURUGRAM shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Useify Services.

Updated: 01-07-2020