Terms and Conditions
ScrapEx™ Terms and Conditions ("Agreement")
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using www.scrapex.com ("the Site") operated by Scrap Monster Inc. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.scrapex.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
When using our services, you will follow these rules:
- All uploaded content and listings will be in their appropriate categories;
- You must be able to form a legally binding contract, including being over 18 years old;
- Failure to pay Buyer premiums and/or purchases will result in termination of your account permanently, and our services will no longer be available to you or the company listed in your account;
- All content uploaded must be true in nature, and cannot include inaccurate, misleading, and defamatory information;
- Items listed on ScrapEx™ for sale, must remain available for the duration of the listing;
- Your account ID is not transferable;
- You are to post a listing once for any item(s), without adding multiple listings of the same item(s);
- When asking a question about an item, you are not allowed to include any of your contact information, including but not limited to: email, phone, fax, Skype ™, physical address, any messaging IDs;
- You may not upload any viruses or any technologies that may harm ScrapEx ™or its users, including infected files;
- You may not use any robot, spider, scraper, or other automated means to access the ScrapEx™ Website and its content;
- You may not copy, reproduce, modify, distribute any content from ScrapEx™, without the prior express written permission of ScrapEx™;
- We have the right to limit, suspend, or terminate our services and user accounts (and their content) at any time, for any reason including: if we determine that you are creating problems to our Website or with other users, infringing the rights of third parties, fees are not being paid, negative feedback is generated regarding your account and activities;
When listing an item, you agree to comply with the following:
- You are responsible for the accuracy and content of the listing details;
- You will not list the same item(s) multiple times;
- The items you list will remain available for the duration of the listing;
- Purchases made for your items or accepted bids are legally binding contracts;
- You will not include any contact information within your listings, including but not limited to: email, phone, fax, Skype ™, physical address, any messaging IDs;
- Items listed must belong to a category available (if you feel that your items are related and a category is missing, we can add categories by contacting us). Unrelated items should not be listed;
- Listings must include physical item(s) for sale, not include intangible items or services.
- Payment for listings purchased will be paid directly to the seller by the buyer, after seller has paid the Buyer premiums and contact information from buyer and seller have been disclosed.
ScrapEx offer services for submitting bids and making purchases for items listed on the Website. When making a purchase or bid, you agree to comply with the following:
- Ask any questions and ensure that the items meet your needs prior to making a bid or purchase;
- You are responsible for reading the full item description and details, prior to making a bid or purchase;
- All purchases and accepted bids are legally binding contracts;
- Buyers should carefully review the Buyer premiums (listed on the listing page) and pay these fees at the time a purchase has been made, or a bid has been accepted by the seller;
- Buyer premiums are fees additional to the buying price, paid to ScrapEx™;
- Purchase price is to be paid to the seller directly, after Buyer premiums are paid and contact information from buyer and seller have been disclosed;
- A bid amount is not retractable except when a clear typographical error is made.
The fees ScrapEx™ charges are the following:
- Basic registration to the Website is free;
- Trading accounts (upgrade from basic) applications are free for United States and Canadian companies. International companies will be charged a US$100 non-refundable fee for Trading account applications;
- There are no monthly service fees for all members;
- We do not charge transactional fees to Sellers (sell listings) ;
- We charge Buyer premiums to Buyers, when making a purchase. Buyer premiums vary depending on category and total purchase price, and is listed on the details of each listing page for your review;
- In order to make a bid or purchase, you must have an instant method of payment (VISA™, MasterCard™, Paypal™) available to pay your Buyer premiums (not to delay the transaction). If you do not have an instant method of payment, prior to making a bid or purchase, you must fund your account via Wire Transfer or Cheque, and have sufficient account funds to pay Buyer premiums of any purchase. Any purchases made, without sufficient account funds or instant payment method can result in your account been terminated or suspended.
When you post a listing and upload content to the ScrapEx™ Website, you grant us a non-exclusive, royalty-free, right to exercise any and all copyright, database rights, and intellectual property rights you have in the content.
You represent and warrant that none of the content you upload to the ScrapEx™ Website infringe any intellectual property rights. When using stock images, you must ensure that they are not copyrighted and that you have the legal right to use them.
No Warranties; Limitation of Liability
You agree that when using our services on ScrapEx™, you are doing so at your own risk, and that our services are provided on an “AS-IS” and “AS AVAILABLE” basis.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ScrapEx™ WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ScrapEx™ (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ScrapEx™ WEB SITE AT ANY TIME.
ScrapEx™ (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ScrapEx™ WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ScrapEx™ (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
All ScrapEx™ members release ScrapEx™ (including our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify and hold ScrapEx™ (including our officers, directors, agents, and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of ScrapEx™ Services or your breach of any law or the rights of a third party.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Quebec, Canada, without giving effect to any principles of conflicts of law.
The ScrapEx™ Website and its original content (including the ScrapEx™ logo), features and functionality are owned by Scrap Monster Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Scrap Monster Inc.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us email@example.com