TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH USE OF https://spoteezy.com/ MOBILE AND DESKTOP APPLICATION (COLLECTIVELY REFERRED TO AS “PLATFORM”), YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE BELOW18 YEARS OF AGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS PLATFORM OR ANY OF THIS PLATFORM'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Platform. These Terms are subject to change by Spoteezy Tech Private Limited (referred to as “Spoteezy”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Platform, and you should review these Terms prior to purchasing any product or services that are available through the Platform. Your continued use of the Platform after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
We reserve the right to change, modify, amend, or update these Terms from time to time and such amended provisions of the Terms shall be effective immediately upon being posted on the Platform. If You do not agree to such provisions, you must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify your acceptance of the amended provisions of these Terms.
2. MOBILE APPLICATION
The mobile application acts as a platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. We are not parties to any negotiations that take place between the User(s) of the mobile application and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the mobile Application.
We do not control and are not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the mobile application or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. These Terms shall not be deemed to create any partnership, joint venture, or any other joint business relationship between us and any other party.
3. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by the seller or the seller will not be obligated to sell the products or services to you. The seller may choose not to accept any orders in its sole discretion. After having received your order and a confirmation from the seller, your order number and details of the items you have ordered would be updated on the mobile application and can be accessed in your “My account” section. Acceptance of your order and the formation of the contract of sale between the seller and you will not take place unless and until you have received your order confirmation e-mail. If you wish to cancel your order, please raise a request from your mobile application to the seller. We shall not be responsible if the seller refuses to cancel your order.
4. Prices and Payment Terms.
(a) All prices shall be negotiated and agreed between you and the seller. The price charged for a product or service will be the agreed price at the time the order is placed and will be set out in the proforma invoice uploaded by the seller. Price increases will only apply to orders placed after any changes due to increase of taxes or such other statutory charges as the government shall notify. Agreed prices do not include charges for shipping and handling. Please note that where you have opted for the delivery of the products we shall arrange third party delivery partners to deliver the products to you. Any charges with respect to delivery shall be directly payable by you to the third party delivery partner. . We are not responsible for pricing, typographical or other errors in any offer by the seller and the seller reserves the right to cancel any orders arising from such errors or otherwise.
(b) Terms of payment are as agreed with the seller and unless otherwise agreed in writing payment must be received by us before the acceptance of an order. The following mode of payments shall be available for all purchases: (a) UPI or cash for in-store purchase; and (b) UPI for all orders placed through the mobile application.
5. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified directly to the third-party delivery partner.
(b) Title and risk of loss pass to you once the seller has put your order in transit with the third-party delivery partner. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6. Returns and Refunds. Except for any products designated on the mobile application non-returnable the seller may accept a return of the products and process for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within the time period as specified by the seller and provided such products are returned in their original condition. To return products, you must call 8130012343 or e-mail our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a % restocking fee.
Refunds are processed within approximately 7 business days of the receipt of your merchandise by the seller. Your refund will be credited back to the same payment method used to make the original purchase on the mobile application. SELLERSOFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
7. Links to Third Party websites
Links to third party sites are provided on Website as a convenience to User(s). User(s) acknowledge and agree that we do not have any control over the content of such websites and/ or any information, resources or materials provided therein.
We may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). We advise our User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party websites prior to using or accessing such Third Party websites. Users acknowledge and agree that we have no control over any content offered on Third Party websites, do not monitor such Third Party websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party websites, or any content, products or services made available thereof.
8. Posting content on website
Some content displayed on the Website is provided or posted by third parties.
User(s) understand and agree that we in such case are not the author of the content and that neither we nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Website. User(s) further understand and agree that we are not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Website and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. We shall not be liable for a User(s) activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
9. Limited Warranty
We provide limited warranty on our products and services purchased through our Website and this limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state. This limited warranty can be found on our mobile application and in the documentation we provide with the products. Sellers warrant that during the warranty period, the products purchased from the mobile application will be free from defects in materials and workmanship/description of any other warranty terms. Sellers also warrant that during the warranty period the product or services purchased from the mobile application will be performed in a professional manner and in accordance with generally recognized industry standards for similar services.
Sellers will not limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose to the duration of this limited warranty.
Spoteezy shall not be responsible for defective goods and services. Seller’s responsibility is limited to repair, re-performance or refund. Neither any performance or other conduct, nor any oral or written information, statement or advice provided any of our sellers, their agents or employees will create a warranty or in any way increase the scope or duration of this limited warranty.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the mobile application. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by the manufacturer.
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(x) Such other instances as specified by the seller/ manufacturer.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for as per the time period specified by the seller/ manufacturer, the "Warranty Period". The Warranty Period is not extended if the seller/ manufacturer repair or replace a warranted product or re-perform a warranted service. The seller/ manufacturer may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, the seller/ manufacturer will, in its sole discretion.
With respect to any defective services during the Warranty Period, the seller/ manufacturer will, in its sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must follow the instructions specified by the seller/ manufacturer.
(g) Limitation of Liability
The remedies described above are your sole and exclusive remedies. We do not have any liability towards any defective product/ deficiency in services. We expressly disclaim that under no special circumstances our liability towards the use of our platform will exceed the actual amount paid by you for the defective product or service that you have purchased through the mobile application nor will under any circumstances be liable for any loss of production, work,data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs or replacement goods or services or any consequential, incidental, special or punitive damages or losses, whether direct or indirect. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(h) What can you do in case of a dispute with us?
The procedure detailed in Section 15 is available to you if you believe that the seller has not performed our obligations under this limited warranty or these Terms.
10. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of India including all Export Regulations. You represent and warrant that you are buying products or services from the mobile application for your own personal or household use only, and not for resale or export.
11. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All uses on the Platform of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on the Platform is made available solely for license, not sale, to you and other prospective customers under the terms, conditions and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this the Platform, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
(c) You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(d) Spoteezy and its licensor(s)] is/are and will remain the sole and exclusive owner[s] of all intellectual property rights in and to each product and service made available on this Platform and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to] the products or services made available through the Website or of any intellectual property rights relating to those products or services.
13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Indian territory.
15. Dispute Resolution.
Any claim, dispute or controversy (whether in contract, or otherwise whether pre-existing, present or future and including statutory, consumer protection) between you and Seller or you and us, arising from or relating to in any way to your purchase of products or services through the Platform will be subject to the exclusive jurisdiction of Courts of Gurgaon.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Spoteezy.
18. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the registered mobile numbers or email ID. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Spoteezy Tech Private Limited, Tower K, TH-A, Central Park Resorts, Gurgaon.. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective immediately after they are receipt.
20. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.