This Agreement governs the use of the www.spinny.com website ("Website"). The Website is used and operated by Pureride Technologies Private Limited, a Company incorporated under the Companies Act, 2013 with its registered office at B1/H3 Mohan Cooperative Industrial Area Mathura Road, Block -B South Delhi -110044 under the valid or permitted license of Valuedrive Technogies Private Limited received (refereed as “Licensor") (hereinafter referred to as "Pureride " or "We" or "Us" or "Our" ).
Reference to motor vehicles shall mean the reference to pre-owned cars only unless the platform offers services extended to other forms of automobiles in which case the term automobiles shall include such other forms.
PART A – GENERAL TERMS RELATING TO PLATFORM
1. Eligibility to Use
i. By using this Platform, User’s agrees that he/she is not minor or under the age of eighteen (18) years or Users suspended or removed from the Platform by Pureride for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the access or use of the Website.
ii. Pureride reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
iii. You shall not have more than one active Account (defined hereunder) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
2. Registration of Your Account
i. You may access and use the Platform either as a registered User or as a guest User. However, the guest User shall not have right to access all sections of the www.spinny.com.
ii. You can create a registered user account by providing certain personal user information like username, mobile number, email id to Pureride, after that OTP will be sent to user registered mobile number for verification, user can create unique login account after entering of OTP. (“Account”)
iii. If You use the Platform, You are responsible for maintaining the confidentiality of Your Account and for restricting access to Your computer to prevent unauthorised access to Your Account. You agree to accept responsibility for all activities that occur under Your Account. You should take all necessary steps to ensure that the Account is kept confidential and secure and should inform us immediately if You have any reason to believe that Your Account has become known to anyone else, or if the Account is being, or is likely to be, used in an unauthorised manner.
iv. You warrant that all information furnished in connection with your Account is and shall remain accurate and correct and true in all respects. You further agree and undertake to promptly update your details on the Website in the event of any change or modification of such details.
v.You can access and update much of the information you provided Us with in the Your Account area of the Platform. You agree and acknowledge that you will use your account on the Platform to make purchases only for your personal use and not for business purposes. If you wish to order products for business purposes, please reach out email@example.com. If any incorrect or wrong information in the Account, Pureride reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without any notice to You.
3. User Representations and Obligations
iii. You agree to not engage in activities that may adversely affect the use of the Platform by other Customers/ Pureride/Registered trading partners.
iv. You agree not to access (or attempt to access) the Platform and the materials or Platform by any means other than through the interface that is provided by Pureride. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below in Intellectual Property Right clause), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
v. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others (including but not limited to, Other Customers, registered trading partners, and other users/visitors) that You may consider offensive, indecent or otherwise objectionable. Pureride disclaims all liabilities arising in relation to such offensive content on the Platform.
vi. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive or inappropriate and is in accordance with applicable acts, rules and laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility and liabilities.
vii. You hereby do and shall grant Pureride a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform and Pureride’s (and Pureride’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. You represent and warrant that, You have all rights to grant such licenses to Pureride without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
viii. Further, You undertake not to:-
a. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c. Publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
d. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
e. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
f. Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
g. Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Pureride server, or to any of the Platform offered on or through the Platform, by hacking, password mining or any other illegitimate means;
h. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look- up, trace or seek to trace any information on any other user, registered trading partner, other Customer, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
i. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
j. Collect or store data about others Customers/users in connection with the prohibited conduct and activities set forth in this Section;
k. Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
m. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
n. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Platform Service;
o. Violate any applicable laws or regulations for the time being in force within or outside India;
q. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
s. You agree that Pureride may, at any time, modify or discontinue all or part of the Platform, charge, or offer opportunities to some or all Users.
4. Use of Materials
i. Except as expressly indicated herein, Pureride hereby grants You a non-exclusive, freely revocable (upon notice from Pureride), non-transferable access to view, download and print any materials available on the Platform, subject to the following conditions:
b. You may not modify or alter the materials available on the Platform;
c. You may not distribute or sell, rent, lease, license or otherwise make the materials on the Platform available to others; and
d. You may not remove any text, copyright or other proprietary notices contained in automobile service related catalogues or any other materials available on the Platform.
ii. The rights granted to You in the materials as specified above are not applicable to the design, layout or look and feel of the Platform. Such elements of the Platform are protected by intellectual property rights and may not be copied or imitated in whole or in part.
5. Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Platform.
6. Intellectual Property Rights
i. Subject to Section 7 below, the Platform and the processes, and their selection and arrangement, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is use and controlled by Pureride under the valid or permitted license from “Licensor” and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
ii. The Spinny, SPINNY, “SPINNY ASSURED, Spinny Logo, Find Happiness with Spinny in 3 steps, Spinny Assured logo, Spinny certified and other marks, logos and service marks indicated on the Platform are trademarks or registered trademarks (“Marks”) are the property of “Licensor”. You are not permitted to use the Marks without the prior consent of “Licensor” or Pureride.
iii. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Pureride.
iv. Pureride and its Affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at firstname.lastname@example.org
7. Disclaimer Of Warranties & Liability
ii. Pureride will have no liability related to any registered trading partner/ buyer content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. pureride also disclaims all liability with respect to the misuse, loss, modification or unavailability of any trading partner/customer content.
iii. Pureride will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the platform or any platform services, either with or without your knowledge.
iv. Pureride has endeavored to ensure that all the information on the platform is correct, but pureride neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. pureride shall not be responsible for the delay or inability to use the platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the platform, or otherwise arising out of the use of the platform, whether based on contract, tort, negligence, strict liability or otherwise. further, pureride shall not be held responsible for non-availability of the platform during periodic maintenance operations or any unplanned suspension of access to the platform that may occur due to technical reasons or for any reason beyond our control. the trading partner understands and agrees that any material or data downloaded or otherwise obtained through the platform is done entirely at buyer’s own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
8. Indemnification and Limitation of Liability
ii. In no event shall the Pureride, its officers, directors, consultants, agents, Licensor, and employees, shall be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Pureride has been advised of the possibility of such damages, arising out of or in connection with (i) Your use of or access to the Platform or materials on the Platform; or (ii) Seller support services provided by registered trading partners.
iii. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
ii. In additional sub-clause I, Pureride have a right to recover from You, and You agree to pay, all reasonable losses or damages or attorneys’ fees and costs of such action, in addition to any other relief available or granted to Pureride.
PART B- GENERAL TERMS FOR PLATFORM SERVICES
10. Platform to support transactions & service
i. The Platform is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for trading partners to advertise, exhibit, make available and offer to sell motor vehicles to the Buyers; and (b) a platform for Buyers to accept the offer to sell of the motor vehicles listed by the trading partners on the Platform and to make payments to the trading partners for purchase of the motor vehicles; and (c) services to facilitate the engagement of 10.1buyers and sellers under commerce on the Platform; and (d) such other services as are incidental and ancillary thereto (“Platform Services”). Pureride may offer certain services in addition to the Platform Services:
b. The Platform is only a facilitator in relation to the transactions entered between You and the registered trading partner. The agreement for sale of motor vehicles and/or for provision of any support services provided to You by a registered trading partner, shall be between You and the registered trading partner and shall strictly be a bipartite contract between You and the registered trading partner and Pureride shall not be a party to the same.
c. Pureride has not independently verified and does not guarantee the truthfulness of the credentials of the registered trading partner and any description of their business, authorisations, offerings made by them including the nature of services, pricing, location, contact details, etc. provided by the registered trading partner. Such information has been collected from the concerned trading partner, who has guaranteed the truthfulness and completeness of the same and Pureride shall not in any manner, be responsible or liable for such information.
d. As instructed by the registered trading partner, Pureride merely displays the list price of the motor vehicles listed on the Platform. On similar lines, the Platform merely displays the approximate cost of the support services, provided by the trading partners. You acknowledge and agree that (i) the approximate cost of services provided by registered trading partner for each category is only indicative and not an actual estimate of the service costs; (ii) the actual fees charged by each registered trading partner may vary from the fees quoted by other registered trading partners; (iii) the actual fees may vary from the approximate service cost provided for a category on a case-to-case basis considering, the type and extent of services required, etc. This approximation of cost is arrived at by considering various objective factors including, but not limited to, the labour costs and the cost of parts that may be required to be replaced or fixed.
e. The total price indicated on the Platform for any seller support service is inclusive of the items described for that service (excluding taxes and other applicable charges under law) and may not include additional services found to be required at the time of availing such seller support service. In such a case, the registered trading partner / basis instructions from the registered trading partner will discuss any change in scope and fees that will be communicated to You.
f. Any seller support service once booked using the Platform and accepted by the registered trading partner, as the case maybe, cannot be cancelled or modified by You. For seller support services, that You have booked through the Platform, and have been cancelled by the registered trading partner, Pureride shall refund all amounts collected on behalf of registered trading partner from You in this regard, within 5 -7 working days of such cancellation.
g. It shall be the sole responsibility of the registered trading partner to honor Your seller support services provided by them. Pureride shall not be responsible, and shall have no liability for the genuineness, the quality or completeness of such seller support services, including any delay in the provision thereof or cancellation of any service booking made with a registered trading partner through the Platform, or any offers, discounts or service packages communicated by the registered trading partner, or for any misconduct or fraud committed by a registered trading partner or its employees (if any) or representatives etc. Pureride cannot be called upon to provide any guarantee/security with respect to the provision of seller support services by the registered trading partner.
h. You may conduct searches on the Platform to look for motor vehicles. The results for searches are derived on the basis of an algorithm which considers various factors, Customer reviews and feedback, pricing, etc. Alternatively, the registered trading partner may be listed on the basis of Customer-selected search criteria. In either case, Pureride does not have any control over the results of searches carried out by You on the Platform. The result of any search for registered trading partner conducted by You on the Platform shall not be construed as the opinion or preference of Pureride.
i. The Platform may categorize the registered trading partner on the basis of various factors, including Your feedback, quality of motor vehicles sold, reliability of the registered trading partner. You agree to accept such categorization and You acknowledge that Your searches on the Platform will be subject to such categorization.
j. Any booking made by You for a motor vehicle or Platform Services through the Platform may be subject to the additional terms and conditions mentioned therein, which You are presumed to have read and accepted at the time of making the service booking.
k. Pureride does not provide You with any guarantee that You will be able to purchase a motor vehicle listed on the Platform or avail any Platform services.
b. Pureride is required to do so by law (for example, where the provision of the Platform Services to You is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
c. The provision of the Platform services to You by Pureride is, in the opinion of Pureride, no longer commercially viable or in any way detrimental to Pureride, its business or the Platform; or
d. You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pureride has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
e. Pureride has elected to discontinue, with or without reason, access to the Platform, Platform services or any part thereof.
f. Pureride may also terminate or suspend all or a portion of Your Account or access to the Platform services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Platform services; (ii) deletion of Your records and Account information, including Your personal information, log-inAccount, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Platform and Platform services:
g. The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to use of Platform services provided prior to such termination;
h. You agree that all terminations shall be made in Pureride’s sole discretion and that Pureride shall not be liable to You or any third party for any termination of Your Account, or Your access to the Platform and Platform services.
i. If You or Pureride terminate Your use of the Platform, Pureride may delete any content or other materials relating to Your use of the Platform or the Platform services and Pureride will have no liability to You or any third party for doing so.
12. Governing Law
13. Report Abuse
i.You hereby expressly agree to receive communications by way of SMS and/or e-mails from Pureride relating to the Platform Services provided through the Platform.
ii.You can unsubscribe/ opt-out from receiving communications from Pureride through SMS and e-mail anytime at email@example.com.
15. General Provisions
16. Feedback and Information
ii. Any feedback posted by You on the Platform regarding any Platform service or seller support services availed by You may be required to be substantiated by Pureride as evidence, as necessitated or requested by Pureride.
iii. Spinny is the most trusted way of buying and selling used cars. Choose from over 5000 fully inspected second-hand car models. Select online and book a test drive at your home or at a Spinny Car Hub near you. Get a no-questions-asked 5-day money-back guarantee and a free one-year comprehensive service warranty with Assured Resale Value on every Spinny Assured® car.
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