Terms and Conditions

Last Updated: January 1, 2025

Welcome to SurplusPack. By accessing or using our platform at www.surpluspack.in, you agree to be bound by the following Terms and Conditions. Please read them carefully before using our services.

1. General Provisions

1.1. These Terms and Conditions govern the use of the SurplusPack platform by all users, including sellers, buyers, and advertisers.

1.2. By accessing or using the SurplusPack platform, users agree to be bound by these Terms and Conditions. If you do not agree, please discontinue use of the platform immediately.

1.3. SurplusPack operates as an online marketplace facilitating the listing and potential sale or purchase of used machinery, packaging materials, tools, spare parts, and related equipment.

2. User Registration and Accounts

2.1. Users are required to register on the website in order to list products or projects, place bids, or purchase items on the platform.

2.2. Users must provide accurate, current, and complete information during registration and are responsible for keeping their account details up to date.

2.3. Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their account.

2.4. SurplusPack reserves the right to suspend or terminate any account that violates these Terms and Conditions, without prior notice.

3. Listing and Selling

3.1. Sellers must provide accurate and complete information while listing machinery or materials, including descriptions, images, specifications, and pricing.

3.2. Listings must not contain misleading, false, or illegal information and must not infringe upon the intellectual property or other rights of any third party.

3.3. SurplusPack reserves the right to review, modify, approve, or remove any listing that violates these Terms or is deemed inappropriate, without notice or liability.

3.4. Sellers are solely responsible for ensuring that the items listed are legally available for sale and comply with all applicable laws and regulations.

4. Bidding and Purchasing

4.1. Buyers may place bids on listed items where auction functionality is available.

4.2. All bids submitted on the platform are considered binding offers. Acceptance of the highest bid by the seller constitutes a binding purchase agreement between the buyer and seller.

4.3. SurplusPack acts solely as a facilitating platform and is not a direct party to any transaction between buyers and sellers.

4.4. SurplusPack does not guarantee the completion, delivery, condition, or quality of any transaction conducted through the platform.

4.5. Buyers are encouraged to independently verify all details of a listing before placing a bid or making a purchase.

5. Fees and Payments

5.1. SurplusPack may charge fees for certain services offered on the platform. All fees are subject to change at SurplusPack's sole discretion, with reasonable notice provided to users.

5.2. The current service charges are as follows:

₹1,000 for listing one product or machine on the platform.
₹3,000 for listing a project for sale on the platform.

5.3. Upon successful completion of a deal, SurplusPack will charge the buyer a fixed commission of 2.5% of the total deal value.

5.4. SurplusPack may allow companies to promote or advertise their products or machines on the platform for a fixed yearly advertisement fee.

5.5. Payments made for advertisement services or other platform services are non-refundable, unless SurplusPack explicitly states otherwise in writing.

5.6. Additional services such as premium listings, featured visibility, or verification services may be available for separate charges as communicated on the platform.

6. Intellectual Property

6.1. All content on the SurplusPack platform, including but not limited to text, graphics, logos, images, and software, is the property of SurplusPack and is protected under applicable intellectual property laws.

6.2. By submitting listings, images, or any content to the platform, users grant SurplusPack a non-exclusive, royalty-free, worldwide licence to use, display, and reproduce such content for the purposes of operating and promoting the platform.

6.3. Users must not copy, reproduce, distribute, or commercially exploit any content from the platform without prior written permission from SurplusPack.

7. User Conduct

7.1. Users agree not to engage in activities that:

Violate any applicable laws or regulations
Infringe upon the rights of other users or third parties
Disrupt or interfere with the operation of the SurplusPack platform
Involve posting false, misleading, or fraudulent listings or information
Involve harassment, abuse, or harm to other users

7.2. SurplusPack reserves the right to take appropriate action against users who violate these provisions, including account suspension, termination, or referral to law enforcement authorities.

8. Limitation of Liability

8.1. SurplusPack shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of the platform, including but not limited to:

Loss of profits or revenue
Loss of data
Service interruptions
Failed or incomplete transactions between buyers and sellers

8.2. SurplusPack does not guarantee the accuracy, reliability, or authenticity of listings or user-provided information.

8.3. SurplusPack's total liability to any user for any claim shall not exceed the fees paid by that user to SurplusPack in the three months preceding the claim.

9. Indemnification

9.1. Users agree to indemnify, defend, and hold harmless SurplusPack, its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in any way connected with their use of the platform, violation of these Terms, or infringement of any third-party rights.

10. Privacy and Data Protection

10.1. SurplusPack collects and processes personal data in accordance with its Privacy Policy.

10.2. By using the platform, users consent to the collection and use of their data as outlined in the Privacy Policy.

10.3. SurplusPack complies with the applicable provisions of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

11. Grievance Officer

11.1. In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the details of the Grievance Officer are as follows:

Name: SurplusPack Support Team
Email: surpluspack@gmail.com
Address: Janakpuri, New Delhi – 110058, India
Contact: 9266419463

11.2. Any grievance or complaint relating to content or use of the platform may be submitted to the Grievance Officer. SurplusPack will acknowledge the complaint within 24 hours and resolve it within 15 days of receipt.

12. Amendments to Terms

12.1. SurplusPack reserves the right to modify or update these Terms and Conditions at any time. The "Last Updated" date at the top of this page will reflect any changes.

12.2. Continued use of the platform after such changes constitutes acceptance of the revised Terms. Users are encouraged to review this page periodically.

13. Severability

13.1. If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining Terms, which shall continue in full force and effect.

14. Governing Law and Jurisdiction

14.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of India.

14.2. In the event of any dispute, the parties agree to first attempt resolution through good-faith negotiation or mediation before pursuing legal action.

14.3. Any unresolved disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Delhi, India.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at surpluspack@gmail.com or call us at 9266419463.