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General Terms and Conditions
General Terms and Conditions
www.nayapuranaonline.com ("Nayapurana") is online marketplace for sale purchase of automotive spare parts (“Platform”). The Platform is owned and operated by Revhead Spare Solutions Private Limited, (“Company/ We/ Us/ Our”) a company incorporated under the Companies Act, 2013, having its registered office at Unit No 233, 2nd Floor, Vatika Trade Centre, Gurgaon. These Terms and Conditions of Use (“Terms and Conditions” or “Terms” or “General T&C”) govern the use and access of Platform.
These Terms constitute a legally binding and enforceable agreement between the Company and any natural or legal person (“Customer/ Consumer/ User/ You/ Your”) interested in buying or selling any spare parts or such other services (“Services”) listed on the platform and expressly supersede prior written agreements with you.
Nayapurana provides data for the customer to search for required spare parts or car-related products, any information regarding cars, their maintenance, etc. (referred to hereafter as "Service") subject to the following Terms. By using the Service in any way, you acknowledge that you have read these Terms and agree to be bound by these Terms. These Terms are subject to change from time to time and without any prior intimation and you are requested to visit the platform on regular basis to keep yourself updated with the revised Terms before accessing the Platform. In case you do not agree to the Terms, your only recourse is to immediately discontinue use of our platform(s) and or Services.
The Company is providing only a platform(s) to avail the services and does not provide any of the services directly, the services are provided by other independent sellers who are not employed by the Company. The Company is only providing a platform to connect the prospective Seller and Buyers and does not guarantee the availability of products or services/expected dates for delivery.
You hereby represent that you are competent to understand and to agree to the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. If you are using the platform(s)on behalf of an Organization/ Company, you agree to these Terms on behalf of that Organization/ Company and you represent that you have the authority to act on behalf of the Organization/ Company.
The prices and availability of the products are subject to change, without any prior intimation/ notice, the Company may at its sole discretion modify, extend, update or withdraw the offers on products without any prior intimation/ notice to the user.
The Company is entitled to display prices of product(s) or service(s) in accordance with prices received from either the seller(s)/ manufacturer(s)/ distributor(s) or any other person(s)/ entity(s) responsible/ authorized to sell their products on the platforms. The Company shall have the right to modify such prices of product(s) or service(s) at any time, without any prior information. The Company shall not be held liable for changes in prices of product(s) or service(s) beyond its reasonable control. Such instances may include but not be limited to, change in maximum retail price (MRP) from the seller(s)/ manufacturer(s)/ distributor(s) or any other person(s)/ entity(s), change in the batch number of the product(s) or services(s) leading to a change in MRP etc.
The Company may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons beyond its reasonable control, whatsoever, cancel the orders placed by the user(s)/ customers. The Company’s decision of cancellation of such order(s) shall be final and the Company shall not be held liable for such cancellation, whatsoever. If the order is cancelled after a successful payment is made by the user credit card has been charged, the Company shall endeavour to pay the aid amount shall be reversed the payment in the user's source payment method whether, debit card, credit card, bank account, UPI or any other method.
If the Company receives a cancellation notice and the order has not been processed by the Company, the Company shall endeavour to cancel the order and refund the same amount paid by the user within a reasonable period of time. However, in case the order has already been processed, the Company shall not cancel the same and shall reserve full rights to decide whether to process the order or not. The user hereby agrees and undertakes that the decision made by the Company in such a case, is acceptable to the user and the user shall not hold the Company liable against any damages and/ or delays and shall indemnify the Company against any legal consequences.
You represent and warrant that any information provided by you in connection with your use of the platform(s) is and shall remain true, accurate and complete and if any information you provide to us is false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the platform(s).
You agree that the Company may, in accordance with its Privacy Policy, collect and use your information, technical data, and related information for the validation of the documents submitted. The Company may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the platform(s) and transfer the same to its affiliates and service providers in furtherance of your access to these Services. You consent to such use and sharing of your information.
The content on Nayapurana includes information provided and created by manufacturers, distributors, dealers, advertisers, content partners, software developers, publishers, marketing agents, users, resellers and other third parties. While every attempt shall be made to ascertain the authenticity of the content on the platform(s), the Company has no control over the accuracy of such information on its pages, and/ or material on the platform(s) which may include but not be limited to, technical inaccuracies or typographical errors. The Company makes no guarantees, nor can be held responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage. All data and/or information on the product(s) and service(s) including but not limited to, the prices and the availability of any product or service or any feature thereof is subject to change without notice to the party providing it. The Company shall reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the platform(s). Where appropriate, the Company will endeavour to update information listed on the platform(s) from time to time, but shall not be held liable for any inaccuracies and/ or errors. Furthermore, the Nayapurana website and Content available through the service may contain links to another platform (s), which are completely independent of Nayapurana.
The platform(s) and the service(s) are provided on an "as is" or "as available" basis, without any warranties of any kind. The Company makes no representation or warranties as to the accuracy, completeness or authenticity of the information contained on the platform(s). The Company makes no representation of Maruti or Maruti Suzuki, Hyundai, Tata Motors, Mahindra, Fiat, Honda, Hindustan Motors, Toyota, Nissan, General Motors, Chevrolet, Audi, BMW, Volvo, Jaguar, Land Rover, Mercedes and other Vehicle Manufacturer(s)/ Car brand(s) and its associate(s)/ affiliate(s)/ subsidiary(s) in any manner, whatsoever, until clearly specified association or agreement with such associate(s)/ affiliate(s)/ subsidiary(s), whether directly or indirectly, are mentioned and/ or clearly/explicitly stated on the Nayapurana website.
The Nayapurana platform(s) and Content available through the service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of Nayapurana, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. The Company shall not be held responsible for any content, product(s) and/ or service(s) offered on the website(s) other than Nayapurana even in cases where the user is redirected to such website(s) from Nayapurana.
If there is a dispute between participants on this platform(s), or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Company, its representatives, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/ or our service. Customer disputes with workshops/ outlets/ shops/ producers/ manufacturers and/ or suppliers providing information or goods to customers, also routed through Nayapurana, shall be considered as a third party.
Nayapurana deals with manufacturer(s), producer(s) and supplier(s) and offers their catalogue to users as a mediator. We recommend you consult with any workshop or specialist while choosing any product(s) or service(s) intended for installation in your car. In the case of any compatibility, fitment and/or quality issue(s) with the product(s) or service(s) the Company does not take any responsibility for such issues and quality of the products but may, at its sole discretion, assist/ help the user to resolve their issues with the mutual discussion between them and the supplier.
The user is not entitled to claim damages from the Company for any issues with the product(s) and service(s), their prices, discounts, quality and fitment.
The Company has established a Privacy Policy to explain to users how their information is collected and used, which can be accessed its website. Your use of the platform(s) or the service(s) signifies you have read, understood and acknowledged our Privacy Policy. You further acknowledge and agree that Company may, at its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by any law or in the good-faith, that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms respond to claims that any Content violates the rights of third parties, respond to claims that contact information (e.g. phone number, address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Nayapurana, its users or the general public.
You agree not to post, email, or otherwise make available content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that is pornographic in nature;
that harasses degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, or constitutes "bait-and-switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation;
that includes links to commercial services or platform(s)s, except as allowed in "services";
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian law.
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the service, or that otherwise negatively affects other users' ability to use the service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Nayapurana;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to Nayapurana’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Nayapurana platform(s); or
use any form of automated device or computer program that enables the submission of postings on Nayapurana without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
You acknowledge that Nayapurana may establish limits concerning use of the service, including the maximum number of days that Content will be retained by the service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the service, and the frequency with which you may access the service. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the service. You acknowledge that Company reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
The user(s) agree, understand and confirm that the credit/ debit/ prepaid/ gift card details or other financial instrument and/ or details provided/ used, for availing of services on the platform(s) shall be correct and accurate and that the User shall not use the credit /debit/ prepaid/ gift card or any other financial instrument which is not lawfully owned/ obtained by the user. The user also understands that any financial information submitted by the user is directly received by Company’s acquiring bank and not taken by Company directly. The Company shall not be liable for any fraud and/ or unauthorized transaction made on any of its platform(s). The liability for use of a card fraudulently shall be on the user(s) and the onus to 'prove otherwise' shall be exclusively on the user(s). The Company and its associated acquiring bank or financial/ non-financial institutions reserve the rights to recover the cost of goods, delivery/ logistics charges, collection charges and lawyers’ fees from person(s) using the platform(s) fraudulently, initiate legal proceedings against such person(s) for fraudulent use of the platform(s) and any other unlawful acts or acts or omissions in breach of these Terms in accordance with applicable laws of the Land.
You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the platforms(s), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the service. Further, you agree not to attempt to use the service after said termination.
Under no circumstances shall the Company be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Company has been advised of the possibility of such damages), resulting from any aspect of your use of the platform(s) or the service, whether the damages arise from use or misuse of the platform(s) or the service, from inability to use the platform(s) or the service, or the interruption, suspension, modification, alteration, or termination of the platform(s) or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the platform(s) or the service or any links on the platform(s), as well as by reason of any information or advice received through or advertised in connection with the platform(s) or the service or any links on the platform(s). These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. Our directors, representatives, employees, affiliates, agents, contractors, interns et al. shall not be held liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.
You agree to defend, indemnify and hold harmless the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the service, your use of the service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
All notices from the Company shall be either served by email to your registered email address, by registered post, SMS, or by general notification on the platform(s). Any notice provided to the Company pursuant to the terms or in the event of any abuse or violation of these terms or if you become aware of any objectionable content on the platform(s) should be sent to _________________________.
The purpose of these terms is to make you aware of the terms that apply to your use of the Platform and Services. You acknowledge that the Company has given you a reasonable opportunity to review these terms and you have agreed to them.
The terms are personal to you and are not assignable or transferable by you except with Company’s prior written consent. The company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
- No agency, partnership, joint venture, or employment relationship is created as a result of the terms and neither party has any authority of any kind to bind the other in any respect.
The terms constitute the entire agreement between you and the Company and govern your use of the service, superseding any prior agreements between you and the Company. The terms and the relationship between you and the Company shall be governed by the Indian laws without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located in Gurgaon, India. The failure of the Company to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. It is entirely the sole decision of the Company to use any kind of promotion, channels of promotion to generate leads. Different ways of (channel of) promotion may be any of the following mentioned - SMS campaign, pamphlets distribution, newspapers advertisement, yellow pages, distribution of coupons, online promotion, platform(s) exchange links and any other way of promotion. The promotion channel will be decided by the Company for awareness and generation of leads. All users and suppliers agree to allow the Company to use promotional material for the generation of leads. Further explanation of this agreement, Company is doing exclusive promotion by creating directory/subdomain web pages of car part supplier members to generate leads.
- The information contained in car care articles, tips, do-it-yourself guides, is for knowledge and educational purposes only and cannot substitute for the advice of a professional car/auto mechanic or authorized car workshop or authorized car part dealer or service station. Please don't attempt to replace your car parts if you don't have proper knowledge and tools, you can be injured and your vehicle could be damaged. Take your car to a dealer or a workshop.
The platform(s) content has pictures. The picture is representative of a concept or service, not necessarily the original or true copy of the product or service sold.
Any unauthorized use of the platform(s) shall lead to legal consequences including discontinuation of membership on the platform.
Under no circumstances shall the Company's liability exceed giving the user a replacement of the same product(s) or service(s) and/ or an alternate product or service of the same monetary value;
- The Company reserves the right to contact you through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback in relation to platform(s) or our Services; obtaining feedback in relation to any other users listed on the platform(s); or resolving any complaints, information, or queries by other users regarding your critical content. You agree to provide your fullest cooperation further to such communication by the Company. You agree that we can use and share your feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
These terms and conditions are subject to Laws, as amended from time to time, in the Republic of India and any dispute shall be subject to the jurisdiction of the courts in Rewari, Haryana (India) only, and may be modified by Company at any time, for which Company shall not liable to notify the users.
In case of any dispute or difference between the User(s) and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall first be resolved by mutual discussion. In case such claims or disputes are not resolved by mutual discussion, the same shall then be referred to a sole arbitrator, who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Rewari, Haryana shall have sole jurisdiction over the matter and/ or for the enforcement of the outcome, as the case may be.
In accordance with Information Technology Act 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below: