Date: July 22, 2020
SpareIt (formally Carobaar) is a B2B platform for automotive industry created and owned by ECarobaar Technologies Private Limited, accessible through its website www.spareit.co.in or by downloading it as a mobile application (collectively hereinafter referred to as “Platform”). The Platform allows its registered users to use the features provided by the Platform and to engage and interact with other registered members on the Platform.
1. MEMBERS AND VISITORS
When you become a registered user of the Platform, you become a “Member”. If you have chosen not to register for the Platform, you may access only certain information related features as a “Visitor”.
2. REGISTRATION AS A USER
By downloading and/or registering with the Platform, you represent that you have attained 18 years of age and are not a minor. You are not barred by any law, in any jurisdiction or bound by any agreement that restricts your rights to access, download and register with the Platform.
In order to register with the Platform you will have to provide your name, email id, mobile number, birth date, and country in which you download, access and use the Platform. You will ensure that the email id and mobile number provided for registration with the Platform is your own and does not belong to any third party and that it is a valid and existing email id and mobile number. You will ensure that you will not use the name, email id or mobile number of another person with the intent to impersonate that person.
You agree to (a) provide true, accurate, current and complete information about yourself as required during registration and in your profile and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if eCarobaar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eCarobaar has the right to suspend or terminate your account and/or refuse any or all current or future use of the Platform.
The various types of content available on the Platform may be categorised as follows:
- Content provided by Registered Users or content generated during Registered Users interactions with other Registered Users or with the authorised staff of the Company (“User Content”)
- Content which is the Company (through itself or its contractors) has generated through the Platform or procured for the Platform (“Company Content”)
The Company reserves the right to delete, move or edit any Content (including material posted in any interactive area of the Platform) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. The Company also reserves the right to block a Registered User or delete any User Content that it considers illegal or offensive. Although the Company reserves the right to remove any offending content on the Platform, You understand and agree that You nonetheless may be exposed to such material inadvertently and therefore waive all rights to damages (from any party) related to such exposure. You will not hold the Company responsible for such inadvertent exposure.
As between you and eCarobaar, you own the content and information that you submit or post to the Platform, and you are granting eCarobaar and affiliates a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through the Platform, without any further consent, notice and/or compensation to you or others.
These rights are limited in the following ways:
- You can end this license for specific content that you posted by deleting such content from the Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Platform and they copied, re-shared it or stored it and (b) the content that has been copied or moved to backup and to other systems as per the Content Management or Data Archival policies of the Platform.
- If you choose to share your post as “public”, platform features that allow other Members to share the public post or embed that public post onto third-party services may be enabled (now or in future), and search engines may be further enabled to make that public content findable though their services.
- eCarobaar may edit and make format changes to your content (including but not limited to translating it, modifying the size, layout or file type or removing metadata)
You will solely be responsible for all usage or activity in your account after registration with the Platform, including use of the account by any third party authorized by you.
You agree that you will not use the Platform to post pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or market, or sell business, products or services that is illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at eCarobaar‘s sole discretion.
You will immediately notify eCarobaar at email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. eCarobaar will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate eCarobaar of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.
You understand that the role of eCarobaar is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, eCarobaar has no responsibility and / or liability in respect of the content and transactions on the Platform including any User Content.
If eCarobaar suspects any illegal, wrongful or fraudulent activity on the Platform by any Registered User, notwithstanding any other rights eCarobaar may have, eCarobaar shall have the right to suspend or terminate the Registered User’s account. eCarobaar also reserves the right to inform the relevant government or law enforcement authorities of such a transaction.
5. END USER LICENSE AGREEMENT (EULA)
The license to the Platform is effective until terminated by you or by eCarobaar in the following circumstances:
- When you delete your account of your own accord or send an email to firstname.lastname@example.org requiring deletion of your account;
- When eCarobaar ceases to make available the Platform with the provision of 30 days notice or any other notice period eCarobaar deems fit.
(Please Note: Merely un-installing the Platform from your mobile device will not result in the deletion of your account or your information from the Platform and you will have to send an email to email@example.com if you wish to delete your account from the Platform.)
6. COPYRIGHT NOTICE
You agree that the Platform contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Platform. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Platform, in any manner, and you shall not exploit the Platform in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
7. SERVICES AND THIRD-PARTY MATERIAL
You understand and acknowledge that eCarobaar is merely providing a B2B platform for automotive industry and does not provide any guarantees in relation to your success in relation to any of the aforementioned.
You further agree not to use the Platform in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate the rights of any person (including other users of the Platform and third parties, related or unrelated to the use of the Platform or the services provided through it) including any patent, copyright, trademark, trade secret or other proprietary rights of such persons. You also agree that eCarobaar is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform.
You understand that by using the Platform, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Platform at your sole risk and that eCarobaar shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
The Platform includes content, data, information, applications or materials gathered, from third parties, content providers or other users of the Platform (collectively and individually called “Third Party Materials”). By using the Platform, you acknowledge and agree that eCarobaar is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. eCarobaar does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-Third Party Materials or for any other materials, products, or services of third parties.
eCarobaar makes no representations that the platform provided through the Platform and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access the Platform or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. eCarobaar, and its licensors, reserve the right to change, suspend, remove, or disable access to the Platform at any time without notice. In no event will eCarobaar be liable for the removal of or disabling of access to any services provided through the Platform. eCarobaar may also impose limits on the use of or access to the Platform, in any case and without notice or liability.
eCarobaar or any third-party advertisers may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by eCarobaar on the Platform are subject to change. By clicking on any advertisements you may leave the Platform and be directed to an external application/website, or to an application/website maintained by an entity other than eCarobaar. If you decide to visit any such application/website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. eCarobaar makes no warranty or representation regarding, and does not endorse, any linked applications/websites or the information appearing thereon or any of the products or services described thereon.
eCarobaar makes no warranty or representation regarding the merchantability, fitness for particular purpose, availability, efficacy, reliability, durability of any product or service advertised on the Platform.
If personal information you have submitted through the Platform is no longer accurate, current, or complete, you are allowed to update these changes using the Platform, but eCarobaar reserves the right to use information obtained previously to verify your identity or take other actions that it believes is appropriate.
10. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES, PERFORMED OR PROVIDED BY THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ECAROBAAR TECHNOLOGIES PRIVATE LIMITED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ECAROBAAR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM; THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ECAROBAAR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSABLE BY LAW.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL ECAROBAAR TECHNOLOGIES PRIVATE LIMITED OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE PLATFORM OR ANY LINKED WEB SITE/ MOBILE APPLICATION, EVEN IF ECAROBAAR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. CHOICE OF LAW
14. NO THIRD-PARTY BENEFICIARIES
This contract is solely for your benefit and the benefit of eCarobaar.
17. GRIEVANCE OFFICER
If you have any concerns, complaints or grievances about other users or their manner of use of the Platform, including their use of the Platform in any manner to harass, abuse, stalk, bully, threaten, defame, impersonate, gamble, exhibit or transmit sexually explicit, pornographic, pedophilic content, promulgate hate speech, carry out illegal activities or otherwise infringe or violate your rights including any patent, copyright, trademark, trade secret or other proprietary rights, please feel free to contact the Grievance Officer any time at:
- Name: Grievance Officer – eCarobaar Technologies
- Contact Details: firstname.lastname@example.org
18. END USER ACKNOWLEDGEMENT AND AGREEMENT