WEBSITE USER TERMS AND CONDITIONS: SPINBAY.COM
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS, SERVICES USING THIS SITE:
These legal conditions govern the use of Products, Services and access to the Web Site www.spinbay.com
By the use of this website “You” agree to the below stated terms and conditions set out in this agreement. However, the terms of service set out herein will be subject to change and all such changes shall be published from time to time by Spinbay.com and all users are requested to review the amended terms periodically. This agreement shall be construed as a legally binding agreement between the users and Evineon Technologies Private Limited (Hereinafter referred to as “SPINBAY”) www.spinbay.com is a web portal fully developed and owned by Evineon Technologies Private Limited.
www.spinbay.com is a web portal which enables Automobile Dealers (Hereinafter referred to as “Dealer”) to promote the sales of cars in real time as well as communicate sales related offers to prospective customers who use web based platforms for conveniently doing their car search.
All capitalized terms in this Agreement shall have the meanings attributed to them below and shall not be ascribed any other meaning unless the context so warrants:-
(a) “Applicable Law” shall mean the Acts, Rules, guidelines and ordinances currently in force within the territory of India including without limitation the Information Technology Act, 2000, Indian Penal Code, 1860, Indian Evidence Act, 1872 and the Indian Contract Act, 1972, Prevention of Money Laundering Act, 2002, Foreign Exchange Management Act, 1999, Indian Telegraph Act, 1885 /TRAI guidelines and Income Tax Act, 1961;
(b) “Contents” or “Content” shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, forms, documents, dealer/ manufacturer brochures, manuals, and shall include all information capable of being viewed / downloaded on or through the web portal. Contents shall also include electronic mails, messages or other information which a user furnishes to be displayed on www.spinbay.com;
(c) “Features” shall mean and include all interactive, chat services, value added services and other features which may be introduced by SPINBAY on any future date after the launch of the web portal;
(d) “License” shall mean the limited, non-exclusive license to access and make personal non-commercial use of the website for information and expression of purchase interest and placing individual buy orders as regards the products displayed by dealers;
(e) “You” shall mean the entity/ individual, that has entered into this Agreement with SPINBAY;
(f) “Our” as used in the Terms below shall mean Evineon Technologies Private Limited;
(g) “Services” shall mean the services available under this Agreement as offered on our web portal www.spinbay.com and shall without limitation mean as well as include car research, price analysis/ comparisons, technical specifications and other information connected with the automobile industry;
(i) “Website” shall mean the site bearing address www.spinbay.com and shall include all websites linked to that URL where such linked URL pages are lawfully posted and operated by SPINBAY or its legally authorized agents.
III. NATURE OF SERVICE AND EXCLUSION OF LIABILITY:
3.1 The nature of services rendered by Spinbay through the website shall not be construed as professional advisory services. Spinbay also clarifies that it does not grant any certifications, guarantees or warranties as regards any of the products displayed on the Website and shall not be liable as regards the warranties actually attaching to the products and SPINBAY does not make any representation or undertaking as regards the roadworthiness of any of the products displayed.
3.2 In furtherance to matters stated in Clause 3.1 above, “You” agree that “You” shall exercise independent judgment and due diligence before taking any decisions pursuant to viewing the Contents of the Website.
3.3 The Contents provided on or through this Website are solely for information purposes and in no way does the Website intend to act as a substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide ““You” with any certifications, warranties or guarantees. By use of this Website “”You” agree and understand this restricted and limited use and that, ““You” will in all circumstances be solely responsible for determining “Your specific requirements and consequences arising there from.
3.4 By using the services on the Website “You” also grant your consent to permit SPINBAY to use the personal information uploaded by “You” such as mobile phone number, residential address etc. to communicate with you or to provide this information to the interested Dealer or manufacturer to contact you
IV. LICENSE AND SITE ACCESS:
a. Through our Website, Dealers/ Manufacturers/ Suppliers/Service providers display/ promote their products and/or ancillary products/ spare parts and services to adults, who can later approach the Dealers directly. If “You” are under 18, “You” may use www.spinbay.com only with involvement of a parent or guardian. SPINBAY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
b. License is granted in the form of a login id and password to access and use our Services. SPINBAY grants “You” a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SPINBAY.
c. “You” are hereby acknowledging that by utilizing the Services and the Website, “You” will not acquire any rights in or to the Services or the Website or the materials contained within the Services or the Website other than a limited right to utilize the Services and the Website in accordance with the terms and conditions of this Agreement. In the event “You” choose to download content from the Website, “You” must do so in accordance with, and subject to, the terms and conditions contained herein below. Furthermore, all intellectual property rights related to the Services or the Website, including all copyright, trademark, trade secret and/or patent rights, will remain the exclusive property of SPINBAY.
d. “You” may not frame or utilize techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of SPINBAY without express written consent. Any unauthorized use terminates the permission or license granted to “You” by SPINBAY. “You” may not use any SPINBAY logo or other proprietary graphic or trademark as part of the link without express written permission from SPINBAY.
If “You” use this site, “You” are responsible for maintaining the confidentiality of your account and password, and “You” agree to accept responsibility for all activities that occur under your account or password. As far as practicable and reasonable, SPINBAY shall deal with all personal information in a reasonable and diligent manner in accordance with the Information Technology Act, 2000. However, by registering and availing the Services, You s as well as dealers hereby permit necessary third party disclosures as far as it is necessary to enable SPINBAY to render the Services.
VI. REPRESENTATIONS REGARDING SERVICES:
6.1 SPINBAY represents and warrants that it shall endeavor to be as accurate as possible as regards all Content displayed on the Website. However, SPINBAY does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If the product provided by the dealer/ supplier/ manufacturer/Service providers, itself is not match the description on the Website, your available remedy shall be solely against the dealer and manufacturer as the case maybe.
6.2 Although SPINBAY shall make all reasonable efforts to maintain the accuracy as well as availability of the Services on the Website, SPINBAY does not make any legally binding representation that the operation of Services through our web Site will be uninterrupted or error-free, and we shall not be liable for the consequences of any interruptions or errors.
6.3 Our Services and the Website contain references and/or URL links to companies, products and web sites which are owned and operated by Publishers or the "External Sources". “You” acknowledge that SPINBAY is not responsible for the availability of any External Sources. “You” should contact the companies for those External Sources if “You” have any concerns regarding such Products, Services and Web Site located on such External Sources.
6.4 Merchants (dealers/ manufacturers/Suppliers/Retailers/Service providers) operate stores or sell product lines on this Website. SPINBAY shall not be responsible for examining or evaluating, and SPINBAY does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Further, SPINBAY shall not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. “You” should carefully review their privacy statements and other conditions of use.
VII. TERMS REGARDING PRICING:
7.1 The price of the listed cars as displayed on the website shall be the price as fixed by the Dealer and the dealers shall endeavor to list the on-road price applicable to the region where the car is being offered for Sale on the Website.
7.2 Notwithstanding anything contained in the Terms and Conditions herein, SPINBAY shall not be liable for misrepresentations as regards specifications and prices by the Dealers/ Sellers/ Manufacturers and in all such circumstances the buyers using the search and order service on the Website shall pursue all their remedies against the registered member dealers alone and shall not implead SPINBAY in such disputes against the Dealer/ Sellers.
VIII. TERMS REGARDING REVIEWS, COMMENTS, COMMUNICATIONS AND MISCELLANEOUS CONTENT:
8.1 “You” are permitted to post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In this regard, SPINBAY reserves the right (but not the obligation) to remove or edit such content and initiate criminal prosecution under Applicable Law for posting unacceptable content.
8.2 “You” may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
8.3 If “You” do post content or submit material, and unless we indicate otherwise, “You” grant SPINBAY a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. SPINBAY has the right but not the obligation to monitor and edit or remove any activity or content. SPINBAY takes no responsibility and assumes no liability for any content posted by “You” or any third party.
8.4 “You” further agree that “You” shall not use the Website to intentionally harm any other user in any manner either directly or indirectly. “You” shall also refrain from manipulating the Website in order to intentionally disguise your identity or disguise the origin of any content transmitted through the website.
8.5 “You” shall also not do any act so as to cause disruptions to the normal flow of information and Content on the Website or disrupt or disturb the ability of other users to use the Website and Services by way of acts including but not limited to stalking and other forms of harassment.
8.6 “You” shall not interfere with the Website or servers or networks connected to the Website or breach any of the requirements, procedures and policies of the networks connected to the Website.
8.7 “You” shall also not be permitted to post or transmit any information that is derogatory as regards the brand, services or content relating to www.Spinbay.com.
8.8 SPINBAY shall reserve the sole right and discretion to discontinue the member login provided in accordance with Clause 9.2 below in the event that “You” violate any of the terms of this Agreement including but not limited to breach of intellectual property obligations or Code of Conduct relating to permissible information that can be uploaded or transmitted via the Website.
IX. TERMS REGULATING BUYING AND SELLING ON THE WEBSITE:
www.spinbay.com shall not permit testing of the Services by placing false Order requests and the said act shall be a crime under Applicable law and “You” shall be liable to punishment for impersonation, fraud and identity theft. It is however clarified that “You” shall continue to be liable for the fictitious transaction since SPINBAY shall reserve the right to determine your real identity through the unique address transmitted by your browser, IP address etc.
X. INTELLECTUAL PROPERTY:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the sole and exclusive property of SPINBAY or its content suppliers and protected by Indian laws and international copyright laws. The compilation of all content on this site is the exclusive property of SPINBAY and protected by Indian laws and international copyright laws. All software used on this site is the property of SPINBAY or its software suppliers and protected by Indian laws and international copyright laws.
XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the full extent permissible by applicable law, SPINBAY disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SPINBAY does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to “You” through this site; their servers; or electronic communications sent from SPINBAY are free of viruses or other harmful components. SPINBAY will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to “You” through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing
“You” (Applicable to buyers and registered members) agree to indemnify and hold SPINBAY and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Contents “You” submit, e-mail, “You” make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.
XIII. TERM AND TERMINATION:
SPINBAY reserves the right to block your access to the Products, Services and Web Site if “You” are using it in excess of this provision or otherwise unreasonably upon investigation by SPINBAY. The Products, Services and Web Site available are delivered in accordance with the terms of a License Agreement. SPINBAY may modify any of the terms and conditions contained in this Agreement, at any time and in SPINBAY’s sole discretion, by posting a change notice or a new agreement/ supplemental agreement on SPINBAY’s Website. We may also choose to use commercially reasonable efforts to notify all users under this Agreement via any email addresses “You” provide to Spinbay. If any modification is unacceptable to “You”, your only recourse is to terminate this agreement. Your continued utilization of the service following any change will constitute your binding acceptance of the change. Spinbay also reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Products and/or Web Site at any time for any reason without prior notice or liability.
These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
XV. DISPUTE RESOLUTION:
This Agreement shall be construed in accordance with the laws of India. By visiting www.spinbay.com, “You” agree that the Indian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between “You” and SPINBAY. Any dispute relating in any way to your visit to www.spinbay.com or to products or services sold or distributed directly by SPINBAY or through SPINBAY.com shall be referred for arbitration and arbitration place shall be in Bangalore, India, and “You” consent to exclusive jurisdiction. However, dispute as contemplated in these terms and conditions shall not cover product related disputes that “You” may have with the manufacturer/ seller relating to manufacturing defects, misconduct or negligence relating to the cars finally purchased.
This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between “You” and SPINBAY.
XVII. CONSENT FOR COMMUNICATION:
By usage of the Website www.spinbay.com “You” also consent to being contacted by dealers, sellers, manufacturers and other related parties (who are authorized to access data uploaded on the Website) and their agents via SMS, e-mail, landline telephone and other electronic messaging means. In this regard, it is clarified that this consent shall be valid and SPINBAY as well as other authorized persons accessing data shall not be held liable even if the said contact number uploaded on www.spinbay.com is registered with the DO NOT CALL REGISTRY.
XVIII. SPECIFIC TERMS
On Road Prices quoted are only indicative. Prices and offers prevailing at the time of delivery shall apply, irrespective of booking date. Standard warranty and extended warranty differ for models and variants.
All pictures are for representation purposes alone. Actual product may differ based on the variant. All specifications, colours and features are subject to change without prior notice. Manufacturer has right to launch new models/ variants and discontinue models/variants without notice
Payment should be made as per dealer process and location; payment by card may levy extra charges. Delivery is subject to availability of stock and realization of payment. Minimum booking amount, booking cancellation charges and booking refund process will vary according to dealer.
Relevant documents are required for RTO registration, and to avail of finance, insurance and other specific schemes. Charges applicable for temporary registration.
You agree to be contacted to fulfill any deal. On being contacted, kindly verify all information from the dealer directly, to your satisfaction.