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MOBITRASH GARDEN WASTE MANAGEMENT SERVICE TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATION
“Company” means MobiTrash Recycle Ventures Private Limited, a company incorporated under the Companies Act 2013 and having its registered office at 184-87, S.V. Road, Jogeshwari (West), Mumbai – 400102, and which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns.
“Client” means the purchaser of the Company’s Garden Waste Management Service, and which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns.
“Company Personnel” means and includes the Company’s staff, authorised agents and contractors appointed by the Company for providing the Service described at Clause 2 below.
“Garden Waste” means any organic waste resulting from gardening such as leaf litter, grass cuttings, hedge and shrub clippings, plants, weeds, twigs, branches, flowers, seeds and coconut shells.
“Gunny Bags” means the bags supplied by the Company to the Client for the purpose of bagging Garden Waste.
“Pick Up Location” means the address provided by the Client to the Company from where Garden Waste can be collected.
“Pick Up Schedule” means such date and time for collection of Garden Waste as may be agreed between the Company and the Client.
2. THE SERVICE
The Company shall, through its Personnel, arrange to collect, from the Pick Up Location and per the Pick Up Schedule, Garden Waste bagged in Gunny Bags and sustainably dispose the same.
3. CLIENT’S OBLIGATIONS
i. The Client shall bag the Garden Waste to be collected by the Company only in Gunny Bags supplied by the Company.
ii. The Client shall cooperate with the Company Personnel for efficient collection of Garden Waste. The Company Personnel shall not assist the Client in bagging Garden Waste. The Company Personnel shall be entitled to refuse collection of any waste which is not Garden Waste (including Garden Waste mixed with other waste) and/or which is not bagged in Gunny Bags.
iii. In the event the Company Personnel arrive at the Pick Up Location in accordance with the Pick Up Schedule, and the Client is unable to provide the Garden Waste for any reason whatsoever, the Company Personnel shall be entitled to leave without collecting the Garden Waste and it shall be the Client’s responsibility to dispose the Garden Waste as the Client deems fit.
iv. If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client, such failure or delay by the Company shall not constitute a breach of this Agreement and the Company shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such failure or delay.
4. SERVICE PRICE
In consideration of the Service provided by the Company, the Client shall pay to the Company the Service Price, in advance, in accordance with the pricing and payment information set out on the Company’s website.
5. RESCHEDULING & CANCELLATION
i. The Client may, without incurring any additional charges, reschedule the Service at any time upto one (1) day prior to the original Pick Up Schedule (“Rescheduling Cut-off date”).
ii. The Service Price shall not be refunded in the event the Client cancels the Service or reschedules the Service after the Rescheduling Cut-off date.
iii. Any requests to reschedule or cancel the service must be made in writing to firstname.lastname@example.org
iv. In the event the Company reschedules the Service without any fault attributable to the Client, no additional charges shall be levied. In the event the Company cancels the Service for any reason whatsoever (including Force Majeure) and without any fault attributable to the Client, the Company shall endeavour to reschedule the Service, failing which, the Service Price shall be refunded to the Client.
6. DATA SHARING
7. FORCE MAJEURE
The Company shall not be liable for any delay and/or failure to fulfil its commitments under this Agreement in whole or in part nor be liable for any loss and / or damage suffered or incurred by the Client, directly or indirectly arising out of and / or caused by any of the following Force Majeure Events: act of God, war (declared or undeclared), act of terrorism, government orders, government restriction, riots, strike, lockout, bandhs, bomb blast, trade dispute, fire, explosion, flooding or other such acts of nature, inability to secure government authorization and/or approvals or any other cause whatsoever which is beyond the control of the Company.
8. LIMITATION OF LIABILITY
The Company’s liability and the Client’s remedy, if any, for any cause of action whatsoever in relation to the Service arising out of and/or in connection with this Agreement, shall be limited to the Service Price.
No delay, failure or omission (in whole or in part) in exercising or pursuing any right or remedy under this Agreement will be construed as a waiver of that right or remedy.
10. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of India. The jurisdiction / arbitration / dispute resolution terms of the Website Terms & Conditions are herewith incorporated, which shall apply in the event of any dispute between the parties arising out of and/or in connection with this Agreement.