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Terms of Use

Purpose of the website

All the materials contained in Spinny's (hereinafter referred to as the“Company”) website and mobile application are provided for informational purposes only and shall not be construed as a commercial offer, an advisory, fiduciary or professional relationship between you (hereinafter referred to as the “User”,”you”,”your”) and the Company. No information displayed on www.spinny.com or related mobile applications (hereinafter referred to as the“Site”) shall be considered a substitute for your independent investigation and verification. The buyer and seller may then negotiate a price for the sale of the vehicle. The information provided on the Site related to a vehicle's color, features & accessories, may differ from the condition of the actual physical vehicle. You acknowledge that actual color, features & accessories of the vehicle have been duly checked and approved by you, before buying or taking delivery of the vehicle.

Services

The Company provides online vehicle listing, information, and transfer of registration of vehicle-related services on the Site that connects buyers and sellers. The Company is only providing the Site for the facilitation of transaction between the buyers and sellers. The Company will provide you means to advertise your vehicle (Sellers) on the Site and will display said vehicle to visitors (Buyers) for sale. The Company is not a party to any transaction between vehicle buyers and sellers that originates on or through the Site. The Company does not sell any vehicles on the Site or otherwise and all such sales are done by sellers registered on the Site on their own account. At no time shall the Company have any obligations or liabilities with respect to such transactions. All information about vehicles is supplied by respective sellers, and not by the Company. The Company does not accept responsibility for the accuracy of the information. The inspection reports available for the listed vehicles are only for information purposes and may not be updated with the latest information about such vehicles. Price and other terms of sale remain subject to direct negotiation between the buyer and the seller. Upon finalization of the terms and conditions and price of the vehicle for sale, the company will then assist them in completing the formalities including the transfer of registration and/or insurance policy of the vehicle.

The Company cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can the Company assure the seller of a vehicle that the payment he/she receives from the buyer is legitimate.

Eligibility for membership

Services of the Site are solely available to persons who can form legally binding contracts with Company under applicable laws. Persons who are" incompetent to contract" within the scope of Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents, etc. are not eligible to use the Site. Persons whose membership has been suspended or terminated by the Company are also ineligible to use the Site and its services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

Your Account and Registration Obligations

If you use the Site, you are responsible for maintaining the confidentiality of your user account details like email ID, Password, etc. and for restricting access to your computer, and you agree to accept responsibility and liability for all activities that occur under your user account or password. A user’s account on the Site shall be non-transferable, and any rights to them terminate upon the account holder’s death. In order to create an account we may collect and keep possession of personal information such as your name, email address/integrated social media sign-in credentials, and an automatically generated password [which you may later change to a password of your choice in accordance with the instructions which shall be provided to you] (“Personal Data’). Our possession and use of Personal Data shall be in accordance with our Privacy Policy.

Fees and Services

Membership of the Site is free and the Company does not charge any fee from you for browsing the Site. The Company charges commission fee from all sellers upon the successful sale of their vehicles. Before you list a vehicle for sale through the Site, we request you to review our fee, posted on Site. However, the Company reserves the right to change its commission fee charging and credit policies from time to time and may introduce new services and modify some or all of the existing services offered through the Site. In such an event, the Company reserves the right to charge fees for the new services offered or amend/introduce fees for existing, as the case may be. Changes to the commission fee charging and credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they have been posted on the Site. All commission fee or any other fee quoted on the Site shall be in Indian National Rupees. You shall be responsible for paying all fees involved with the use of the Site and its services and you agree to bear any and all applicable taxes, charges, etc. levied thereon. Company shall have the right to issue a warning, temporarily or indefinitely suspend or terminate your membership and refuse to provide you with the Company's/Site's services in case of non-payment of fees by you to the Company. The Company shall also have the right to take any legal action against you, in case of non-payment of fees by you to Company.

Links to Third-Party Websites

Any links available on the Site and directing you to third-party websites are provided for your convenience only and do not imply any approval or endorsement by the Company of the linked sites, neither does it demonstrate any association with such website, even if they may contain the Company's logo, as such sites are beyond the Company's control. Thus, the Company cannot be held responsible for the content of any linked website or any other link contained therein.

You acknowledge that framing the Site or any similar process is prohibited and shall attract legal action.

Intellectual Property

The Site is the exclusive property of the Company. Any information or material that it contains, including, but not limited to, texts, data, graphics, pictures, audios, videos, logos, icons or HTML code is protected under the intellectual property laws and remains the Company’s property subject to the following. For all content uploaded on the Site by the users of the Site, by uploading such content the user uploading the same shall be deemed to have given to the Company a worldwide, royalty-free, perpetual, irrevocable, transferrable, sub-licensable license to the Company to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, mode of delivery or technology now known or later developed, (b) display online or offline such content (or part thereof, or any modification, adaptation, translation or derivative works thereof) online and offline and permit others (including without limitation Company’s co-brand partners) to do the same, and (c) permit other users to access, reproduce, distribute, publicly display, such content. Further, such license as envisaged above shall not lapse notwithstanding that we have not used, distributed, displayed, published, or adapted/modified any of the content for any duration.

You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Site without the Company's prior written authorization is prohibited. Procedure for Copyright or Other Intellectual Property Infringement Claims or Claims of Violation of Other Rights

  1. The Company respects the intellectual property as well as privacy of others, and we expect our users to do the same. The Company may, in appropriate circumstances and at its discretion, block access to such content or delete such Content, or disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers. If you believe that your copyright, other intellectual property rights or other personal rights have been infringed, please follow the instructions provided here.
  2. Reporting Claims of Copyright Infringement
    If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:
    1. A statement that you have identified the material on the Site that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act).
    2. A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable).
    3. The country or countries to which your copyright applies.
    4. A description of the way in which the copyrighted material has been infringed.
    5. A description of where the material that you claim is infringing is located on our services (including a URL and screen shot).
    6. Your address, telephone number, and email address so that we may get in contact with you.
    7. A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    8. A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  3. Reporting claims of violation of other personal rights
    If you believe that any content on the Site violates your (or that of someone you know and are authorized to act for) the privacy or other personal rights please follow the following instructions.
    1. A statement that you have identified the material on the Sites that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act).
    2. A description of the way in which the copyrighted material has been infringed.
    3. A description of where the material that you claim is infringing is located on our services (including a URL and screenshot).
    4. Your address, telephone number, and email address so that we may get in contact with you.
    5. A statement by you, made under penalty of perjury, that the notice is accurate.
    A complaint can be submitted by contacting us atcontact@spinny.com. Please be sure to include responses to items i-viii of Clause (b) above (if the complaint is regarding copyright infringement) or i-v of Clause (c) above (if the complaint is regarding the violation of other personal rights). If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith. In addition, we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be repeat infringers.

Buying

The Company strongly advises you to abstain from testing the Site with false purchase request(s), as the same will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to purchase. Willfully entering erroneous or fictitious purchase request(s) may result in prosecution by Company.

Selling

As a registered member, you may list your vehicle(s) for sale on the Site. You must be legally competent/authorized to list/sell the vehicle(s) you list for sale on our Site. Listings may only include text descriptions, graphics, and pictures that describe your vehicle for sale. All listed vehicles must be listed in an appropriate category on the Site. Soliciting business outside of the Site, by indicating your contact details (e.g. contact number, address or e-mail address) in the vehicle listing or elsewhere on the Site other than in the available selling form on the Site is expressly prohibited and would be considered as a breach of this User Agreement.

The listing description of the vehicle must not be misleading and must describe the actual condition of your vehicle(s). If the vehicle's description does not match the actual condition of the vehicle, you agree to refund any amounts that you may have received from the buyer. As a seller, you certify that all information provided by you against your listed vehicle is true. Individual sellers can list one vehicle at a time and needs to make the Company aware of their timely availability status. Any and all the liabilities, responsibility and obligations arising in relation to seller listing the vehicle(s) on the Site shall be the sole responsibility of the seller and the Company shall not be liable for any such listing of the vehicle on the Site.

Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY “SPINNY ENTITIES”) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT SPINNY ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. SPINNY ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SITE; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SITE; LINKS PROVIDED BY THE SITE OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SITE; OR ANY PRODUCTS OR SERVICES SOLD BY SUCH ADVERTISERS. SPINNY ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT THE COMPNY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.

TO THE FULLEST EXTENT PERMITTED BY LAW, SPINNY ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.

Site Contents

You understand that the Site is a technological platform providing incidental, transient storage of the content uploaded by the users of the Site for the purpose of electronic transmission to and access by members of the general public as understood under the Indian Copyright Act, 1957 and as an intermediary as understood under the Indian Information Technology Act, 2000.

You shall, under no circumstances, upload any content that on the Site:

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the reader/viewer about the origin of any information, or contains any information that is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contain software viruses or any other computer code, files or programmes that are designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defense security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

While the Company does not make any editorial determination about the content uploaded by the users of the Site and being displayed and made accessible on the Site, if: (i) we receive any notice or communication that any content or any part of the content belongs to a party who has not consented to such content being uploaded and accessible on the Site or that it is violative of the rights of any person who has not consented to such content being uploaded and accessible on the Site; or (ii) it comes to our attention that any of the content violates these Terms, we shall be entitled to remove such content/block public access to such content either temporarily or permanently, subject to the provisions of the Indian Copyright Act, 1957, and the Information Technology Act, 2000, and as we deem fit or in compliance with the orders or directions of the court (if applicable) and we shall have the right, at our discretion, to remove your account, and in either case you shall have no right to make any claims against us for removing or blocking such content. Similarly, any violation of these terms of use shall make your account/registration liable to be blocked or deleted at our discretion;

Comments by Users

Without prejudice to the provisions of the previous section of these terms of use, the Company does not assume any obligation to monitor the information that Users post / may post on the Site.

You warrant that any and all information, projects, files or other attachments sent to us ('User Material') or comments other than personal data, which you may transmit to the Company through the Site, does not infringe intellectual property rights or any other applicable laws. Such information, material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such information, material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such information, in any way in its sole discretion.

Indemnity

You agree to indemnify and hold the Company and its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your breach of the User Agreement or the documents it incorporates by reference or your use of the Site or your violation of any applicable laws or the rights of a third party.

Applicable law

These terms of use are governed by Indian laws. The courts in Delhi shall have exclusive jurisdiction in relation to any claim or action arising out of, or in connection with, the terms of use.

Privacy Policy

Company’s Privacy Policy  is an integral part of these terms of use and shall be deemed to be incorporated herein.

Grievance redressal

If you have any questions about this Policy or other concerns, you may direct the same by email to us at contact@spinny.com

Severability

If any provision of these terms of use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Modifications of the Terms of Use

The Company reserves the right to change/modify the terms of use, under which the Site is offered at any time and without prior notice. You agree to be automatically bound by these modifications when you use the Site, and also agree to periodically read the terms of use.

After having read and understood the terms of use, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility.