Terms of Service
DISCLAIMER
This template is not legal advice and by using it you agree to this disclaimer: the provided agreements are for informational purposes only and do not constitute advertising, solicitation, or legal advice. You should consult independent legal advice before publishing these agreements. The information contained is provided only as general information and may or may not reflect the most current legal developments.
1 - Interpretation and Definitions 1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
1.2 Definitions
For the purposes of these Terms of Service:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party.
Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named Never Scrap.
Buyer refers to users of the Service who place Orders for Goods.
Country refers to the United States.
Company (referred to as either "the Company", "We", "Us" or "Our") refers to Never Scrap.
Content refers to text, images, or other information posted to the Service.
Device means any device capable of accessing the Service.
Feedback means suggestions or feedback sent regarding the Service.
Goods refers to items or services offered through the Service.
Operator refers to Never Scrap.
Order means a request by You to purchase Goods through the Service.
Seller refers to users listing Goods for sale.
Service refers to the Application or Website.
Terms of Service means this agreement governing use of the Service.
Website refers to Never Scrap, accessible from www.neverscrap.com
You means the individual or legal entity accessing or using the Service.
2 - Contact Us
If you have questions about these Terms:
Email: sales@notscrap.com
3 - Acknowledgment
These Terms govern the use of the Service and establish the agreement between You and the Company.
By accessing or using the Service You agree to be bound by these Terms.
If You disagree with any part of the Terms, You may not access the Service.
You represent that You are over the legal age of majority.
Your use of the Service is also subject to our Privacy Policy.
4 - Governing Law
These Terms shall be governed by the laws of the United States, excluding conflict-of-law rules.
Your use of the Service may also be subject to additional local or international laws.
5 - User Accounts 5.1 Account Creation
When creating an account, You must provide accurate and complete information.
Failure to do so may result in account termination.
5.2 Account Information
You may be required to provide:
Name
Phone number
Address
Payment details
Identity verification documents
5.3 Account Review
The Company does not perform background checks on users and is not responsible for the accuracy of user-provided information.
5.4 Account Security
You are responsible for safeguarding your password and any activity under your account.
5.5 Account Termination
We may terminate accounts at any time for violations of these Terms.
6 - Content 6.1 Your Right to Post Content
You retain ownership of Content but grant the Company a license to use and distribute it through the Service.
6.2 Content Restrictions
Users may not post content that is:
Illegal
Defamatory
Fraudulent
Obscene
Spam
Malware or viruses
Infringing on intellectual property rights
We reserve the right to remove any Content at our discretion.
7 - Orders of Goods
By placing an Order you represent that you are legally capable of entering into a binding contract.
7.1 Marketplace Role
The Service acts only as a facilitator between Buyers and Sellers.
We are not a party to transactions between Buyers and Sellers.
7.2 Buyer Information
Buyers may be required to provide:
Billing information
Payment details
Shipping information
You warrant that all payment methods used are legally authorized.
7.3 Availability and Pricing
Goods listed on the Service may contain inaccuracies.
We reserve the right to correct errors and update listings at any time.
7.4 Prices Policy
Prices may change prior to order acceptance.
Certain external factors may also require price adjustments.
7.5 Payments
Payments may be processed through third-party payment processors.
Payment authorization is required before an Order is confirmed.
7.6 Service Fees
The Service may charge fees for using the marketplace.
Fees may change at any time.
7.7 Order Modification
Any modifications agreed between Buyer and Seller may result in additional charges.
7.8 Order Cancellation
Orders may be cancelled only under the following conditions.
7.8.1 Cancellation by the Company
We may cancel Orders for reasons including:
Product availability
Listing errors
Fraud or illegal activity
Seller inability to fulfill the Order
Refunds may be issued at our discretion.
7.8.2 Cancellation by Buyers
Buyers may request cancellation before shipment or fulfillment.
If a Buyer cancels an Order after payment has been processed, the Buyer agrees that a 3% transaction processing fee will be deducted from any refund or otherwise charged.
This fee covers non-refundable payment processing costs incurred by the Service.
By placing an Order, Buyers agree that:
The 3% fee applies to buyer-initiated cancellations
The fee is calculated from the total Order value
The fee may be deducted from refunds
Exceptions may be made at our discretion.
7.8.3 Cancellation by Sellers
If a Seller cancels an Order, the Buyer may receive a refund.
Repeated cancellations may result in Seller penalties including account suspension.
7.8.4 Processing Fees
Certain transaction fees charged by payment processors may be non-refundable and may be deducted from refunds.
7.8.5 Cancellation Abuse
Accounts engaging in excessive cancellations or abuse of the system may be restricted or terminated.
7.9 Chargebacks and Payment Disputes
If a Buyer initiates a chargeback or payment dispute, the Company reserves the right to:
Suspend the Buyer’s account
Recover associated chargeback fees
Restrict future purchases
Buyers are responsible for any chargeback costs, processing fees, or penalties incurred by the Service as a result of a dispute initiated without valid cause.
8 - Disclaimer of Warranties and Limitation of Liability
The Service is provided "AS IS" without warranties of any kind.
The Company shall not be liable for indirect or consequential damages including:
Loss of profits
Loss of data
Business interruption
Total liability shall not exceed the amount paid through the Service or $100, whichever is greater.
9 - Disputes Resolution
Users agree to attempt to resolve disputes informally by contacting the Company first.
10 - Intellectual Property
The Service and its content remain the exclusive property of the Company.
Our trademarks may not be used without written permission.
11 - Feedback
Any feedback submitted becomes the property of the Company and may be used without restriction.
12 - Changes to These Terms
We may modify these Terms at any time.
Material changes will be communicated when possible.
Continued use of the Service constitutes acceptance of the updated Terms.