Terms and Conditions of Use

Hello and welcome to the Scrapad Terms and Conditions of Use ("Terms").

The Terms you find below are important because:

• They establish their legal rights on Scrapad

• They explain the rights that you grant us when you use Scrapad

• Describe the rules that everyone should follow when using Scrapad

• Contains a waiver of class claims and an agreement on dispute resolution through arbitration

Please read these Terms carefully, as well as our Privacy Policy and any other documents mentioned in these Terms. 

Let's start ...

Introduction

Thanks for choosing Scrapad. Scrapad offers advertising services to companies in the recycling sector, so that they can publish a material they want to buy or sell. In this way they can be contacted by any person or company and establish the appropriate negotiations in case they are of interest. By registering for or using any of these Scrapad services, including all their associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Scrapad Service" or the "Service"), by accessing any advertisement, content or material through Scrapad (the "Content"), you are signing a binding contract with the Scrapad company indicated in Clause 25 (Contact).

Your contract with us includes these Terms and other terms that you accept, as provided in the Primacy clause of the contract, apart from the terms with any third parties (together, the "Contracts"). The Contracts include information about future changes to the Contracts, export control, automatic renewals, limitation of liability, privacy, waiver of class claims, and dispute resolution through arbitration rather than in court. If you wish to review the terms of the Contracts, you can find the current version of them on the Scrapad website. You confirm that you have read and understand the Contracts, that you accept these Contracts and that you agree to be bound by them. If you do not agree to, or cannot comply with, the Contracts, do not use the Scrapad Service or access any Content.

To use the Scrapad Service and access its Content, you must be (1) meet the age requirements in the table below, or 13 years or older and have the consent of your parents or guardians regarding the Contracts (except as stipulated in the following table), (2) have the capacity to enter into a binding contract with us and that the current legislation does not prevent you from doing so, and (3) be a resident in a country where the Service is available. Furthermore, you guarantee that the registration information you provide to Scrapad is true, correct and complete, and you agree to keep it that way at all times. If you reside in any of the following countries, please refer to the following table for specific country age restrictions:

If your country is marked with an asterisk (*) in the box below, and you require the consent of the parent or guardian, your parent or guardian will enter into the contract on your behalf.

Country Age Requirements

Andorra *, Saudi Arabia, Argentina *, Australia, Austria *, Bahrain, Belgium, Bolivia *, Qatar, Costa Rica *, Denmark *, UAE, Ecuador, El Salvador *, Spain *, Estonia, Philippines *, Finland, France * , Greece *, Guatemala *, Honduras *, Hong Kong, India, Ireland, Iceland, Israel, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Luxembourg, Malaysia *, Malta *, Morocco, Mexico *, Monaco *, Nicaragua *, Norway *, New Zealand, Oman, Palestine, Panama *, Paraguay *, Poland *, Portugal *, United Kingdom, Czech Republic, Dominican Republic, Singapore, South Africa, Sweden, Switzerland, Turkey *, Uruguay and Vietnam You must be 18 years old or more, or 13 years or more and have the parental or guardian consent.

Algeria You must be 19 years of age or older, or 13 years of age or older and have parental or guardian consent.

Brazil You must be 18 years old or older, or 16 years old or older and have parental or guardian consent.

Bulgaria *, Colombia *, Chile, Hungary, Peru, and Romania You must be 18 years of age or older, or 14 years of age or older and have parental or guardian consent.

Canada You must be 13 years or older to use the free service. For paid subscriptions, you must be of legal age in your country or territory of residence, or be 13 years or older and have parental or guardian consent.

Cyprus *, Italy, Lithuania and the Netherlands To use the free service, you must be 16 years of age or older, or 13 years of age or older and have parental or guardian consent. To register with a paid subscription, you must be 18 years of age or older, or 13 years of age or older and have parental or guardian consent.

Egypt and Indonesia You must be 21 years or older, or 13 years or older and have parental or guardian consent.

Japan, Thailand and Taiwan You must be 20 years of age or older, or 13 years of age or older and have parental or guardian consent.

Slovakia * You must be 16 years or older, or 13 years or older and have the consent of a parent or guardian.

Tunisia You must be 18 years or older.

 

  1. Changes in Contracts

Occasionally, we may introduce changes to the Contracts for legitimate reasons, such as improving existing functions or features or adding new functions or features to the Service, implementing scientific and technological advances, and reasonable technical adjustments to the Service, guaranteeing the operation or security of the Service and for legal or regulatory reasons. When we make material changes to the Contracts, we will notify you in whatever way we deem appropriate based on the circumstances, e.g., we will display a prominent notice or request your consent to the Service or send you an email. In some cases we will notify you in advance so that the continuity in the use of the Service once the changes have been introduced will mean your acceptance of them. Therefore, be sure to read this notice carefully, as well as the new version of the Contracts. If you do not wish to continue using the Service in accordance with the new version of the Contracts, you can cancel your account by contacting us. In the event that you have received a Subscription Trial Period or a Payment Subscription through a third party, you must cancel the Payment Subscription through said third party.

  1. Enjoy Scrapad

Below you will find information about the different options available to enjoy Scrapad.

Service Options

On our website you will find a description of our Service options; Also, when you create a Scrapad account we will explain the available Service options. Certain options are offered free of charge. The Scrapad Service that does not require payment is currently called "Free Service or Freemium". Other options require a payment before you can access them (the "Payment Subscriptions"). We may also offer special promotional plans, subscriptions, or services, including third-party product offers offered in conjunction with or through the Scrapad Service. We are not responsible for the products and services provided by said third parties. We reserve the right to modify, terminate or in any other way modify the offer of our subscription plans, as well as our promotional offers, at any time, in accordance with these Terms and in accordance with any terms applicable to such plans and offers.

The Unlimited Service may not be available to all users. We will inform you about the services available when you want to subscribe to one. If you cancel your subscription to the Unlimited Service or if such subscription is interrupted (for example, if you modify your payment details), you will not be able to subscribe to the Unlimited Service again. Please note that the Unlimited Service may be suspended in the future, in which case you will not be charged more for the Service.

If you have purchased or received a code, gift card, prepaid offer or other offer provided or sold by or on behalf of Scrapad to access the Payment Subscription (“Code”), the additional terms and conditions that may have been applied to you presented with the Code to access the Service, terms and conditions that you agree to comply with. You can also purchase a Paid Subscription through a third party. In that case, the additional terms and conditions of said third party, in addition to the Contracts, may be applied to access the Service.

 

Trial periods

From time to time, we may offer, or have others offer on our behalf, proof of Payment Subscriptions for a specified time without payment or under a reduced fee (a "Trial Period"). s may determine their suitability to enjoy a Trial Period and may withdraw or modify said Trial Period at any time, without prior notice and without liability, to the extent permitted by applicable law.

For some Trial Periods, we will ask you to provide your payment details to start the Trial Period. By providing such data, you agree that we may automatically charge you for the Payment Subscription on the first day after the end of the Trial Period, on a monthly basis or at any other interval of which we inform you in advance. IF YOU DO NOT WISH THIS CHARGE TO BE COLLECTED, YOU SHOULD CANCEL THE SUBSCRIPTION OF PAYMENT RELEVANT PRIOR TO THE END OF THE TRIAL PERIOD

Payments, cancellations and reflection period (right of withdrawal)

Billing

You may purchase a Payment Subscription directly from Scrapad or through third parties, either (1) by paying in advance a monthly Subscription fee or based on another time period that you have been informed of prior to purchase; or (2) through an advance payment that gives you access to the Scrapad Service during a specific period of time (“Advance Payment Period”).

Scrapad can modify at any time the price of the Payment Subscriptions, including periodic subscription fees, the Advance Payment Period (for periods that have not yet been paid) or the Codes, and will inform you of any modification you make in prices in advance and, if applicable, how to accept those changes. Price changes will apply at the beginning of the next subscription period after the date the price change was made. To the extent permitted by applicable law, the fact of continuing to use the Scrapad Service after the price change takes effect, will imply an acceptance of the new price. If you disagree with the price change, you have the right to reject the change by canceling the subscription to the Payment Subscription before the price change is applicable.

By subscribing to a Payment Subscription, you can freely change your mind and receive a refund of the total amount paid within fourteen (14) calendar days from the day you subscribed to the service in question (the “Period of Reflection ”), in accordance with the following provisions:

• If you subscribe to a Trial Period, you agree that the Reflection Period for such Payment Subscription for which you receive the trial ends after fourteen (14) calendar days after the start of the Trial Period. If you do not cancel the Payment Subscription before the Trial Period ends, you lose the right to withdraw and authorize Scrapad to charge you the agreed monthly price until you proceed to cancel the Payment Subscription.

• If you acquire a Payment Subscription without a Trial Period, you authorize Scrapad to automatically charge you, each month, until you cancel. You agree that the Reflection Period will be available during the period of fourteen (14) calendar days after your purchase but that it is lost once you have used the Scrapad Service during said period without having canceled your subscription.

Renewal; Cancellation

Unless you have purchased the Payment Subscription through an Advance Payment Period, the payment paid to Scrapad, or to the third party through which you have acquired the Payment Subscription, will be automatically renewed at the end of the corresponding subscription period, unless cancel the Payment Subscription before the end of the corresponding subscription period. The cancellation will take effect from the day following the last day of the current subscription period, and you will go to the category of Free Service. If you have acquired your Payment Subscription through Scrapad and cancel your payment or Payment Subscription and / or terminate any of the Contracts (1) after the Reflection Period (as applicable) or (2) before the end of the current subscription period, we will not refund the subscription amounts already paid. If you want to receive a full refund of all amounts paid to Scrapad before the end of the Reflection Period, you should contact Customer Service. When we proceed with the refund, we will use the same means that you used for the payment.

If you purchased a Payment Subscription with a Code, the subscription will automatically end when the period listed in the Code ends or when the prepaid balance is not sufficient to pay for the Service. If you purchased your Payment Subscription through a third party, you must cancel directly with that third party.

Use of our service

The Scrapad Service and Content are the property of Scrapad or the Scrapad licensors. We grant you a limited, non-exclusive and revocable permission to use the Scrapad Service, and a limited, non-exclusive and revocable permission to make personal and non-commercial use of the Content (collectively, "Access"). This Access will remain in effect until or unless you or Scrapad terminate it. You represent and agree that you will use the Scrapad Service and Content for personal, non-commercial purposes, and that you will not redistribute or transfer the Scrapad Service or its Content. Scrapad software applications and all Content are not sold or transferred to you, and Scrapad and its licensors retain ownership of all copies of Scrapad software applications and their Content, even after installation on your personal computers, mobile devices, tablets, portable devices, speakers and / or any other similar device ("Devices").

All Scrapad trademarks, brands, service marks, trade names, logos, domain names and any other features of the Scrapad brand (“Scrapad Trademarks”) are the sole property of Scrapad or its licensors. The Contracts do not grant you any right to use the Distinctive Scrapad Signs either for commercial or non-commercial purposes.

You agree to respect our User Rules and not to use the Scrapad Service, the Content or any part of them in any way that is not expressly authorized by the Contracts. Except for the rights expressly granted to you through these Contracts, Scrapad does not grant you rights, titles or interests regarding the Scrapad Service or the Content.

Third Party Applications and Devices

The Scrapad Service is integrated or may, in any other way, interact with third party applications, websites and services ("Third Party Applications") and third party Devices to make the Scrapad Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and accept that Scrapad neither subscribes nor is responsible for the behavior, characteristics or content of the Third Party Applications or Devices or any legal business that you may enter into with the provider of any of these Third Party Applications and Devices, nor Scrapad guarantees the compatibility or continued compatibility of Third Party Applications and Devices with the Service.

User Generated Content

Scrapad users may post, upload or otherwise contribute content to the Service (which may include, for example, photos, text, messages, information, titles, descriptions and any other content) ("User Content"). For clarity, "User Content" includes any content that is published in the Scrapad Support Community and in any other section of the Scrapad Service.

You declare regarding the User Content that you publish on Scrapad that (1) you are the owner or have the right to publish said User Content, and (2) said User Content or its use by Scrapad, as contemplated in the Contracts, does not constitute a violation of these Contracts or of any right contained in the User Rules, nor of the applicable legislation, nor of the industrial and intellectual property, advertising, personality rights or other rights of third parties, nor does it imply any affiliation or commitment to you or your User Content by Scrapad or any natural or legal person, when you do not have the written consent of Scrapad or said natural person or entity.

Although you have no obligation to do so, Scrapad can monitor, review or edit User Content. In all cases, Scrapad reserves the right to remove or cancel access, for any or no reason, to User Content that, in Scrapad's sole discretion, violates the Contracts. Scrapad may take these steps without notifying you or third parties in advance. The elimination or cancellation of access to User Content will be at our sole discretion, and we do not undertake to eliminate or cancel access to any specific User Content.

You are solely responsible for all User Content that you post. Scrapad will not be held responsible for User Content, nor will it endorse any opinion contained in any User Content. YOU AGREE THAT IF SOMEONE FILES A CLAIM AGAINST SCRAPAD RELATED TO USER CONTENT PUBLISHED BY YOU, YOU, TO THE EXTENT PERMITTED BY LOCAL LEGISLATION, WILL INDEMNIFY AND EXEMPTION OF ANY DAMAGE, LOSS, AND LOSS (INCLUDING REASONABLE COSTS AND FEES OF LAWYERS) THAT MAY RESULT FROM SUCH CLAIM.

Rights that you grant us

In consideration of the rights that we have granted to you under the Contracts, you grant us the right to: (1) allow the Scrapad Service to use your Device's processor, bandwidth and storage hardware to facilitate the operation of the Service, (2) offer you advertising and other information, and (3) allow our business partners to do the same. In any part of the Scrapad Service, the Content to which you have access, including your selection and location, may be affected by commercial matters, which include Scrapad contracts with third parties. Certain Content licensed by, provided to, created by, or otherwise published by Scrapad, may contain advertising as part of the Content. The Scrapad Service makes said Content available to you without modifying it.

If you provide comments, ideas or suggestions to Scrapad related to the Scrapad Service or the Content (“Comments”), you agree that the Comments are not confidential, and authorize Scrapad to use them without restrictions and without Scrapad paying any fee for the same. Comments are a type of User Content.

Other rights granted to us: SCRAPAD, may record the conversations that users have within the platform through chats or forms. SCRAPAD, will be able to track user behavior within the platform, and may even record their performance within it, in order to improve the service provided. SCRAPAD may use all the information that has been received for commercial purposes, and may even sell said information to a third party. SCRAPAD, may use the information received from users, for commercial or any other purpose. SCRAPAD is not responsible for the fact that you have not been satisfied with the service received through the platform, so it will never refund the amount paid for subscriptions. SCRAPAD is not responsible for any material transactions that take place, as SCRAPAD is simply an ad portal. SCRAPAD is not responsible for the veracity of the advertisements published on the platform. Being the responsibility of the parties, checking them.

You grant Scrapad a non-exclusive, transferable, sub-license, free, indefinite license (or in those jurisdictions that do not allow it, for a period equivalent to the duration of these Contracts plus twenty (20) years), irrevocable, fully paid and worldwide to use, reproduce, make available to the public (eg, interpret or display), publish, translate, modify, create derivative works of, and distribute any User Content related to the Service through any medium, either alone or combined with other Content or material, in any way and by any means, method or technology, that currently exist or that is created in the future. In addition to the rights specifically granted herein, you retain ownership of all rights, including industrial and intellectual property rights, in User Content. If applicable and applicable law permits, you also agree to waive and not assert any "moral right" or equivalent rights, such as your right to be identified as the author of the User Content, which includes Comments, and your right to object to the derogatory treatment of said User Content.

User rules

Scrapad respects industrial and intellectual property rights and expects you to do the same. We have established some basic rules that you must respect when using the Service so that we can all continue to enjoy Scrapad. You must respect these rules and encourage others to do the same. The following actions are not allowed under any circumstances:

1. copy, redistribute, reproduce, “ripping”, record, transfer, represent or show in public, retransmit or make available to the public any part of the Scrapad Service or the Content, or use the Scrapad Service or the Content in any other way that is not expressly allowed under these Contracts or the applicable law or that, in any way, violates the rights of industrial and intellectual property (such as copyright) of the Scrapad Service or the Content or some part of it;

2. use the Scrapad Service to import or copy local files over which you do not have a legal right to import or copy in this way;

3. transfer copies of the Cached Content from an Authorized Device to another Device by any means;

4. use reverse engineering techniques, decompile, disassemble, modify or create derivative works based on the Scrapad Service, the Content or any part thereof, unless permitted by applicable law. [If applicable law allows you to decompile any part of the Scrapad Service or the Content when necessary to obtain the information necessary to create a separate program that may work with the Scrapad Service or another program, the information you obtain of said activities (a) may only be used for the above purpose, (b) may not be disclosed or communicated without the prior written consent of Scrapad to any third party to whom it is not necessary to make such disclosure or communication in order to achieve said objective, and (c) may not be used to create a software or service substantially similar in terms of its expression to any part of the Scrapad Service or the Content];

5. neutralize any technology used by Scrapad, its licensors or third parties to protect the Content or the Service;

6. sell, rent, sub-license or lease any part of the Scrapad Service or the Content;

7. neutralize the territorial restrictions imposed by Scrapad or its licensors;

8. Fictitiously increase play count, follower count, or otherwise manipulate the Service by (i) using a bot, script, or other automated process; (ii) compensation or acceptance of any form of compensation (financial or otherwise), or (iii) any other means;

9. eliminate or modify any indications or notices of copyright, trademark or other industrial and intellectual property rights included in the Content or in the Service or provided through it (including for purposes related to the concealment or modification of the indications of ownership or the source of the Content);

10. Avoid or block ads on the Scrapad Service, or create or distribute tools designed to block ads on the Scrapad Service

11. provide your password to another person or use another person's username and password;

12. “crawling” the Scrapad Service or use automated means (such as bots, scrapers and spiders) to view, access or collect information from Scrapad or the Scrapad Service;

13. Fictitiously promote the Content by automated means or otherwise.

Respect Scrapad, Content owners, and other users of the Scrapad Service. Do not participate in activities, publish User Content, or register or use a username that has the following characteristics or that includes material with these characteristics:

14. is offensive, abusive, defamatory, pornographic, threatening, or obscene;

15. is illegal, aims to encourage or commit an illegal act of any kind, including infringements of industrial and intellectual property rights, privacy rights or property rights of Scrapad or a third party;

16. Include your password or intentionally include the password of another user or the personal data of third parties, or aim to request such personal data;

17. Include malicious content such as malware, Trojans, or viruses, or otherwise prevent a user from accessing the Service;

18. is aimed at or effectively manages to harass or intimidate other users;

19. usurps or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, misleading or erroneous;

20. involves the transmission of spam or other forms of spam

Violation and denunciation of User Content

Scrapad respects the rights of the owners of industrial and intellectual property. If you believe that any Content infringes your industrial and intellectual property rights or other rights, you can contact us through the corresponding forms. If the copyright holder notifies Scrapad of any copyright infringement by any content, Scrapad may, in its sole discretion, withdraw such Content from the Service or take other action that Scrapad deems appropriate, without first informing the user or the party that has provided or published such Content. In the event that said user or party considers that the Content does not imply a violation, they may, in certain circumstances, send a counter notification to Scrapad with a request to restore the deleted content, which Scrapad may or may not accept in its sole discretion.

If you consider that any Content does not comply with the User Rules, contact us through the Contact form.

Limitations and modifications of the Service

Scrapad will do everything possible so that the Scrapad Service is always running. However, certain technical difficulties, maintenance or testing operations, as well as the necessary updates to reflect changes related to the corresponding legal and regulatory requirements, may occasionally cause temporary interruptions. Scrapad reserves the right to modify or suspend, periodically and at any time, either permanently or temporarily, functions and features of the Scrapad Service and, with prior notice if possible, without obligation to you, except when prohibit the law, as a result of legitimate reasons such as the interruption, modification or suspension of the Scrapad Service or any function or feature thereof, or the need to repair, maintain or improve existing functions or features, or add new functions or characteristics of the Service, or implement scientific and technological advances or guarantee the operation or security of the Service, or for legal or regulatory reasons.

Notwithstanding the foregoing, if you have paid any fee in advance for Payment Subscriptions that Scrapad permanently suspends before the End of the Early Payment Period (defined in the Payments, Cancellations and Reflection Period clause), Scrapad will refund the amount already paid for the Advance Payment Period after such suspension. You understand, agree and agree that Scrapad will use reasonable efforts, although not required, to maintain, provide support, update or improve the Service, or to provide all or part of the content through the Service. Scrapad and / or the owners of the Contents may sporadically delete any Content without prior notice. The application of this Clause will be subject to the limits of the applicable law.

Brand Accounts

If you create a Scrapad account on behalf of a company, organization, entity or brand (a “Brand”, the account being called a “Brand Account”), the terms “you” and “yours”, as used in the Contracts , will refer to both you and the Brand. If you open a Brand Account, you declare and guarantee that you have the necessary authorization to grant all the permissions and licenses stipulated in these Contracts and to compel the Brand to comply with them.

A Brand may follow users, create and share playlists, provided that the Brand does not carry out any action that implies an association or commercial relationship between the Brand and the user in question, artist, composer or other person to whom Follow, except in the event that the Brand has independently obtained the rights from which said association is derived. In addition, the Marks must be transparent to our users regarding the disclosure of any associations or remuneration provided to artists, composers, users or any other party, and must comply with the applicable laws, regulations and codes of conduct whenever they participate. in the mentioned practices.

Customer service and disputes

To receive customer service on issues related to payments and accounts, send an incident notification to the Customer Service department using the Customer Service contact form. We will use reasonable efforts to respond to all Customer Service Inquiries within a reasonable time, but we cannot assure you that we will respond to all Customer Service Inquiries within a specified timeframe and / or that we can respond to such queries.

Duration and termination

The Contracts will continue to apply until you or ScrapAd end them. However, you acknowledge and accept that the indefinite license granted by you in relation to the User Content, including the Comments, is irrevocable and, therefore, will remain in force after the expiration or termination of any of the Contracts for the reason that be. ScrapAd may terminate the Contracts or suspend your access to the ScrapAd Service at any time, including in case of unauthorized use by you, whether actual or alleged, of the ScrapAd Service or the Content, or breach of the Contracts, or in in the event that we remove the Services and / or the Content (in which case we will provide you, if possible, with advance notice before proceeding). If you or ScrapAd terminate the Contracts, or if ScrapAd suspends your access to the ScrapAd Service, you agree that ScrapAd will not be liable to you and should not refund any amount that you have already paid, to the extent permitted by law applicable. You can end the Contracts at any time. For information on how to cancel your ScrapAd account please contact us through the Scrapad contact form.

Warranty and disclaimer

YOU UNDERSTAND AND AGREE THAT THE SCRAPAD SERVICE IS PROVIDED "IN THE STATE IN WHICH IT IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY AND WITHOUT ANY KIND OF CONDITION. NEITHER SCRAPAD NOR THE OWNERS OF THE CONTENTS MAKE ANY STATEMENT AND MAKE NO WARRANTY OR CONDITION ON THE OPTIMAL QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER SCRAPAD NOR THE OWNERS OF THE CONTENTS GUARANTEE THAT THE SCRAPAD SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FURTHER, SCRAPAD DOES NOT REPRESENT, GUARANTEE, RECOMMEND, GUARANTEE, OR ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS, THE CONTENT OF THIRD PARTY APPLICATIONS (OR THE CONTENT OF THEMSELVES), THE USER CONTENT, DEVICES OR ANY OTHER PRODUCT. BY THIRD PARTIES ON THE SCRAPAD SERVICE OR THROUGH IT, OR ON ANY LINKED WEBSITE, OR THAT APPEARS IN A BANNER OR OTHER TYPE OF ADVERTISING. SCRAPAD IS NOT RESPONSIBLE IN CONNECTION WITH ANY TRANSACTION BETWEEN YOU AND THIRD PARTY SUPPLIERS IN RELATION TO THE ABOVE.

NO RECOMMENDATION OR INFORMATION YOU HAVE RECEIVED FROM SCRAPAD, WHETHER IN WRITING OR ORALLY, WILL CONSTITUTE A WARRANTY ON BEHALF OF SCRAPAD. WHEN USING THE SCRAPAD SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FUNCTIONS, BUT IN spite of THE USE OF THESE FUNCTIONS, YOU MAY ALSO RECEIVE SUCH EXPLICIT CONTENT, SO YOU SHOULD NOT RELY ON THESE EXPLICIT FUNCTIONS TO FILTER THEM.

WITHOUT PREJUDICE TO THE ABOVE, NOTHING IN THIS CLAUSE WILL RESULT IN THE LIMITATION OF SCRAPAD'S LIABILITY IN CASE OF TOTAL OR PARTIAL INAPPROPRIATE OR IMPLEMENTATION OF ITS ESSENTIAL OBLIGATIONS RELATING TO THE PROVISION OF THE SERVICE UNDER THEM. THIS CLAUSE SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THIS CLAUSE DOES NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER.

Limitations

YOU AGREE THAT THE SOLE AND EXCLUSIVE REMEDY THAT YOU HAVE IN CASE OF PROBLEMS OR DISSATISFACTION WITH THE SCRAPAD SERVICE IS TO UNINSTALL THE SCRAPADY SOFTWARE TO STOP USING THE SERVICE. YOU AGREE THAT SCRAPAD HAS NO OBLIGATION OR LIABILITY ARISING OUT OF OR RELATING TO THIRD-PARTY APPLICATIONS OR CONTENT, AVAILABLE THROUGH OR IN CONNECTION WITH THE SCRAPAD SERVICE, AND WHETHER IN RELATION TO THESE THIRD-PARTY APPLICATIONS MAY BE GOOD THESE THIRD PARTIES, THE ONLY REMEDY THAT HAS AVAILABLE WITH RESPECT TO SCRAPAD BEFORE ANY PROBLEM OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR ITS CONTENT CONSISTS IN UNINSTALLING AND / OR STOP USING SUCH APPLICATIONS.

IN NO EVENT WILL SCRAPAD, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ADMINISTRATORS, SUBSIDIARIES, SUBSIDIARIES, SUCCESSORS, ASSIGNMENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES) NOT EXPECTED. LOSSES OR DAMAGES ARE CONSIDERED FORESEEABLE, WHETHER IT IS OBVIOUS THAT THEY WILL OCCUR OR AT THE TIME THE CONTRACT WAS CONCLUDED AS MUCH AS WE KNEW THEY COULD OCCUR;

(2) ANY:

(A) LOSS OF USE;

(B) LOSS OF DATA;

(C) LOSS OF BUSINESS;

(D) LOSS OF BENEFITS; O (E) DAMAGE TO DEVICES, TO THE EXTENT THAT YOU WOULD HAVE BEEN ABLE TO AVOID SUCH DAMAGES IF YOU HAVE FOLLOWED OUR RECOMMENDATION TO IMPLEMENT UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGES ARE A RESULT OF YOUR FAILURE TO FULFILL IT PROPERLY OR WITH THE MINIMUM SYSTEM REQUIREMENTS THAT WE RECOMMEND.

THAT IN ALL CASES THE RESULT OF THE USE OR THE IMPOSSIBILITY OF USE OF THE SCRAPAD SERVICE, THE THIRD PARTY APPLICATIONS, OR THE CONTENT OF THIRD PARTY APPLICATIONS, REGARDLESS OF THE LEGAL FRAMEWORK AND THE FACT THAT SCRAPAD HAS WARNED THE POSSIBILITY OF SUCH DAMAGES , AND EVEN WHEN A COMPENSATION DOES NOT MEET ITS ESSENTIAL PURPOSE;

(3) THE LIABILITY ADDED FOR ALL CLAIMS RELATING TO THE SCRAPAD SERVICE, THIRD-PARTY APPLICATIONS OR THE CONTENT OF THIRD-PARTY APPLICATIONS WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO SCRAPAD DURING THE TWELVE MONTHS PREVIOUS ABOVE; OR

(4) BREACH OR INADEQUATE COMPLIANCE OR DELAY WITH RESPECT TO THE OBLIGATIONS ARISING FROM THE CONTRACTS DUE TO FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR IS OUT OF SCRAPAD'S REASONABLE CONTROL.

Nothing in the Contracts removes or limits Scrapad's liability for fraud, misrepresentation, death or personal injury caused by its negligence and, if required by applicable law, for gross negligence.

THIS CLAUSE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER THE APPLICABLE LAW IN YOUR JURISDICTION THAT PROVIDE YOU WITH ADDITIONAL REMEDIES TO THE ABOVE ESTABLISHED.

Full contract

Except in the cases stipulated in this clause, or as explicitly agreed in writing between you and ScrapAd, the Contracts constitute all the terms and conditions agreed between you and ScrapAd and replace any previous contract related to the purpose of these Contracts, whether verbal or written.

However, please note that certain aspects derived from the use of the ScrapAd Service may be governed by additional contracts.

Independence, resignation and interpretation

Unless otherwise indicated in these Contracts, if for any reason or to any extent, any clause of the Contracts is considered invalid or unenforceable, such invalidity or inapplicability will in no way affect or imply the invalidity or inapplicability of the rest of the clauses of the Contracts, and the application of said clause will be enforced to the extent permitted by law.

The fact that ScrapAd or third-party beneficiaries do not enforce the Contracts or their clauses, will not imply the waiver of the right of ScrapAd or third-party beneficiaries to enforce them.

As used in these Terms, the words “include” and “including,” and their variations, will be considered followed by the words “not exhaustive”.

Assignment

ScrapAd may assign the Contracts and any of the rights derived from them, in whole or in part, and may delegate any of its obligations under the Contracts. You may not assign these Contracts to third parties, in whole or in part, nor may you transmit or sublicense your rights under these Contracts.

Indemnity

You agree to hold harmless and exonerate ScrapAd from all damages, losses and expenses of any kind (including reasonable attorney fees and costs) that arise or are related to: (1) your breach of any of the Contracts; (2) any User Content that you post or contribute in any other way; (3) any activity in which you participate in or through the ScrapAd Service; and (4) your breach of any third-party law or right.

Applicable law, compulsory arbitration and jurisdiction

21.1.Choice of laws / Jurisdiction

Unless the law of a Member State of the European Union or of any other jurisdiction requires otherwise, the Contracts (and any dispute or non-contractual claim arising out of or in connection therewith) are subject to the laws of the states or countries mentioned below, without applying the principles on choice or conflict of laws.

Contracts will be governed by Spanish law and will be interpreted in accordance with them. In case of differences in interpretation and compliance, both ScrapAd and the Client submit, expressly waiving the jurisdiction that may correspond to them, to the jurisdiction and competence of the Courts and Tribunals of Donostia-San Sebastián (Gipuzkoa).

21.2.WAIVER OF COLLECTIVE CLAIMS

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SCRAPAD AGREE TO SUBMIT CLAIMS AGAINST THE OTHER EXCLUSIVELY ON A PERSONAL BASIS AND NOT AS CLAIMANTS OR MEMBERS OF THE CLAIMANT GROUP IN A CLASS OR REPRESENTATIVE CLAIM. Unless you and ScrapAd so provide, no arbitrator or judge may accumulate more than one claim filed by a person, or otherwise settle any form of class action or representation.

21.3.ARBITRATION

Dispute resolution and arbitration

You and ScrapAd agree that any dispute, claim or controversy arising between you and ScrapAd in connection with or related in any way to these Contracts or to your relationship with ScrapAd as a user of the Service (whether by virtue of a contract, civil liability, a law, fraud, false declaration or any other legal framework, and regardless of whether the claims arise during or after the termination of the Contracts) will be resolved through binding binding arbitration. Arbitration is more informal in nature than a lawsuit. IN AN ARBITRATION THERE IS NO JUDGE OR JURY, AND THE JUDICIAL REVIEW OF THE ARBITRAL AWARD IS LIMITED. The evidentiary procedure may be more limited than in court. The arbitrator shall be governed by this Agreement and may award the same damages as a court (including attorneys' fees), except that the arbitrator may not grant precautionary or declaratory measures that benefit any person who is not part of the arbitration. This arbitration clause will continue in force after the termination of the Contracts

Exceptions

Without prejudice to the previous clause (24.3.1), you and ScrapAd agree that nothing contained in this document shall be considered as a waiver, impediment or limitation, at any time, of any of our rights to (1) file a lawsuit individual before a small claims court, (2) take enforcement action through federal, state or local agencies where such action is available, (3) request injunctive relief in court or tribunal, or (4) file lawsuits on the occasion of any claim related to infringements of industrial and intellectual property rights

Arbitration rules

Both you and we may initiate arbitration proceedings.

The language of all arbitrations will be Spanish. All arbitration will be governed by the law of Spain, without the principles of choice or conflict of laws applying.

​​​​​​​Deadline for submission

All arbitration must begin with the presentation of a request for arbitration within ONE (1) YEAR after the date on which the party who wants to assert their claim has known or should have known of the act, omission or non-compliance that it has given. origin of the request for arbitration; and any right to compensation in relation to any claim that has not been invoked within that period will expire. In the event that the applicable law prohibits said one year period to assert claims, they must be asserted in the shortest possible time allowed by applicable law.

Contact

If you have questions about the ScrapAd Service or Contracts, please contact ScrapAd Customer Service.

Thank you for reading our Terms. We hope you enjoy ScrapAd!

Contracting entity:

ScrapAd- Samoving S.L
Iñaki Goenaga 5, Fundación Tekniker 
20600 Eibar
Spain

Nice to meet you.

Sign up for ScrapAd, the easiest way to buy and sell scrap metal.

Solicite una demo

Fill in the form and one of our specialists will call you to explain to you how ScrapAd can help you optimizing the sale of your recyclable materials.

¿Quiere estar al día de lo que necesita?

Con la nueva sección "Mis alertas" podrá configurar alertas con múltiples criterios de búsqueda. Cuando un usuario de ScrapAd publique un anuncio que responda a lo que ha definido en su alerta, se le notificará vía email. ¡No se pierda nada!

Configuración de cookies