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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 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.myspinny.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 colour, features & accessories, may differ from the condition of the actual physical vehicle. You acknowledge that actual colour, 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 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. 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 finalisation of the terms and conditions and price of the vehicle for sale, the Company will then assist them in completing the formalities including 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.

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 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 services, 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 or third party's property.

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 Company's website without the Company's prior written authorization is prohibited.

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. Wilfully 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 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.

Warranty and Liability

All materials, including any software, available on the Site is provided on 'as is' basis and without warranty of any kind to the extent allowed by the applicable law. While the Company will use reasonable efforts to provide reliable information through the Site, the Company does not warrant that the Site is free of inaccuracies, errors and/or omissions, viruses, worms, trojans and the like, or that its content is appropriate for your particular use or is up to date.The Company reserves the right to change any information at any time without prior notice. The Company does not warrant any results derived from the use of any software available on the Site. You shall be solely responsible for any use of the materials available on the Site.

The information available on the Site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the Company.

The Company will not be liable for any indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this Site or any linked website.

Comments by Users

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.

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.