Thank you for reading these Cashmen Terms & Conditions, please read them carefully before using the Cashmen Site and Services. By using it, you are agreeing to these Terms & Conditions (defined below).
Through the Cashmen website www.cashmen.in (the "Site"), and App on Google Play store and via other means, (doing business as "Cashmen") provides a marketplace venue (recommence) and platform for consumers and organizations to sell their used, unwanted and other items, and conduct other transactions and activities, with third-party companies and other entities and persons (the "Third Parties"). The Cashmen marketplace, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the "Services Cashmen” owns and operates the website, www.Cashmen.in. The mobile touch versions, App on Google Play store and/or any site(s) we have now or in the future that reference these Terms & Conditions (collectively, “Cashmen”), provides a marketplace venue (recommence) and platform for consumers and organizations to sell their used, old and other articles, and conduct varied transactions and activities, with third-party companies and other entities and persons (collectively, “Third Parties”). The Cashmen marketplace venue, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the “Services”).
If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by us from time to time, with or without notice to you. Please check this page regularly for updates to the Cashmen Terms & Conditions.
1. Cashmen is a marketplace venue (Recommence)Cashmen acts as a venue to allow users who comply with Cashmen's policies to sell certain goods. Cashmen will not be directly involved in the transaction between buyers and sellers. As a result, and as described below in Section 4, Cashmen cannot control any aspect of your sales and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them. Cashmen is a platform to allow users, subject to compliance with Cashmen's policies, to sell certain goods. Cashmen may not be directly involved in the transaction between user(s) and third party professional(s), ensuing no control by reasons whatsoever in any aspect of your transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your transactions with them.
2. Permitted Use and Compliance with Laws.Cashmen authorizes you to access, view and use the Site content and software (collectively, Cashmen's Property”) solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Cashmen Property. You may not engage in systematic retrieval of data or other content from the Cashmen Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Cashmen Property, or any portion of the Cashmen Property, is strictly prohibited without the prior written permission of Cashmen. You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the Cashmen Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
3. Copyright and trademarks.Except as otherwise indicated, all materials in the Site, including without limitation the Cashmen logo and other Cashmen trademarks and service marks, but not limited to text, software, photos, video, graphics, music, sound, and the entire contents of the Site are the property of and/or its affiliates or licensors, including the Third Parties, and are protected by international/Indian copyright and trademark laws, all rights reserved. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties by the court of law, all rights reserved.
4. Cashmen Services and Third Party Services and SitesThe information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms & conditions, and exceptions applicable to Cashmen's Services. Cashmen presents information from Third Parties through the Cashmen Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information (“Third Party Information”). Cashmen cannot control, and is not responsible for the accuracy of any Third Party Information. This is a legally binding contract between “you” the “seller of the goods", Cashmen and + third-party buyers ("Buyer") which provides services for purchasing, recycling repairing and/or donating of used consumer products (the "Buyer services"). Cashmen acts as a platform (“Aggregator”) to allow sellers who comply with their policies to sell certain goods. You conduct your actual sales and other transactions directly with the third parties and, unless otherwise specifically and clearly indicated, not with Cashmen. As a result, Cashmen cannot control any aspect of your sales and transactions with third parties, and the third parties are solely responsible to you for all aspects of your sales and transactions with them and consequently Cashmen will have no liabilities towards the sellers or buyers in this regard. In document below "We", "Our", "Us" is used for Cashmen and Cashmen's third party buyer collectively. Cashmen is nowhere responsible for any gadget. You certify that you are the legal owner of the gadget that you want to sell. All initial quotes are pending our evaluation of your gadget and no binding offer is made until we have had a chance to inspect the gadget. We reserve the right to refuse to offer to purchase any item that you offer to sell for any reason we deem, in our sole discretion, to be sensible. We reserve the right to change our quote at any time. At times, the Cashmen Site may have links to websites hosted by the Third Parties and other entities (the “Additional Sites”), or such Additional Sites may have links to the Cashmen Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by Cashmen of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. Cashmen does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.
6. Indemnity.Customer agrees to indemnify and hold Cashmen, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Cashmen reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Cashmen. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Applicable Law, Jurisdiction, ComplianceYou and Cashmen agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of Republic of India, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the courts located in Mumbai. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
8. Miscellaneous ProvisionsNo delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, “including” means “including but not limited to.” If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & conditions set forth the entire agreement between you and Cashmen regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
9. Information Collection, Use, and SharingBy submitting any Cashmen contact form, you understand that you may be contacted by a Cashmen representative or a representative from the partner you've chosen. You may be contacted via telephone, email, text, or pre-recorded message regarding Cashmen programs, offers, events, announcements, and offers from Cashmen's third party marketing partners. If you respond to any such offer, your information will be subject to that third party's terms and conditions. By providing us your phone number, you grant Cashmen permission for the use of text messages, pre-recorded voice or and/or automatic telephone dialling systems to contact you and/or deliver Cashmen related information, offers or announcements. You also agree that Cashmen may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from Cashmen email messaging at any time.Effective Date of Terms: 24/05/2020