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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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:
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.
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.
If you have any questions about this Policy or other concerns, you may direct the same by email to us at firstname.lastname@example.org