TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
INTRODUCTION
1.1. www.boodmo.com ("boodmo") is a web portal, owned and operated by M/s Smart Parts Online Private Limited, (“Company/ We/ Us/ Our”) a company incorporated under the Companies Act, 2013, having its registered office at AIHP Palms, Ground Floor, Plot 242 & 243, Udyog Vihar, Phase 4, Gurugram, Haryana – 122015 operating under the trademarked name “boodmo - spare parts expert” is an online marketplace for automotive spare parts. These Terms and Conditions of Use (“Terms and Conditions” or “Terms”) govern the use and access of the web portal and our mobile application “boodmo - spare parts expert" (singly known as platform and collectively as platforms).
CONTRACTUAL RELATIONSHIP
2.1 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 platforms and expressly supersede prior written agreements with you.
ACCEPTANCE OF TERMS OF USE
3.1. boodmo 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 and conditions of use. By using the Service in any way, you agree to be bound by these Terms. Furthermore, when using any particular boodmo service or services, you agree to abide by any applicable posted guidelines for all boodmo services, which are subject to change from time to time and without any prior intimation. In case you do not agree to the Terms, you may not use or access or stop your use or access of our Services. You are requested to go through these Terms prior to accessing or using the Platforms.
3.2. You hereby represent that you are of legal age; eighteen (18) years of age or above; and are fully able and competent to understand and agree to the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with the Terms stated therein. If you are under the age of 18 years, you may use the platform(s) only with the involvement of an adult, whether parents, guardians or any other person above the legal age.
3.3. 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.
3.4. If you use any of our platform(s), you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activity that occurs under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with, are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us within the “My Profile” area of the platform(s). You agree and acknowledge that you will use your account on our platform(s) to purchase the product only for your personal use and not for business purposes unless you are a registered business/ Organization/ Company and have a registered business account with us.
3.4. Should you object to any Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with boodmo in any way, your only recourse is to immediately discontinue use of our platform(s) and or Services. You are, however, encouraged to inform our customer care team, who will do their best to address your concerns.
DESCRIPTION OF PLATFORM(S)
4.1. boodmo aims to organise the market of automotive spare parts in India and become the most sought-after destination for everybody interested in the car service industry wherein every user shall have the possibility to identify the necessary spare part in an easy way through continuously updated catalogues.
4.2. The platform(s) shall provide information and product(s) about applicability, replacement of spare parts or any other car-related products.
4.3. You acknowledge that the Company is providing only a platform(s) to avail the services and does not provide any of the services listed above and that all such above stated services are provided by other independent sellers who are not employed by the Company.
4.4. You acknowledge that even after accepting and/ or confirming an order, the Company cannot guarantee its availability. The Company shall make reasonable efforts to connect you with the independent sellers in order to fulfil your order.
4.5. You acknowledge that the time period for the delivery of products/ services is estimated and proximate in nature. The Company does not guarantee that such products/ services shall be delivered to you and or delivered within the time period mentioned while placing the order.
GENERAL TERMS OF USE
5.1.You hereby explicitly agree to be bound by the Terms by using the platform(s), whether such usage is for the purpose of any purchase or not.
5.2.You are hereby authorised to use the platform(s) for lawful purposes or for the purposes as mentioned in the Terms.
5.3. Any unauthorized use of the platform(s) shall lead to legal consequences against such user as per the applicable laws of the land.
5.4. The prices and availability of the products offered on the platform(s) are subject to change, without any prior intimation/ notice or any consequential liability on the Company.
5.5. Any/ all offers on products shall be for a limited period of time, as mentioned under on the platform(s). The Company may at its sole discretion modify, extend, update or withdraw the offers on products without any prior intimation/ notice to the user.
5.6. The Company shall endeavour to provide accurate products, services and pricing information. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, the Company may, at its sole discretion, either contact the user for instructions or cancel the order, which the user shall be notified about.
5.7. 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.
5.8. 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.
5.9. In case of requests for order cancellations, the Company, at its sole discretion, reserves the right to accept or reject requests for such order cancellations for any reason whatsoever, without being liable to show cause to the user(s). As part of usual business practice, 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.
5.10. In case the order has already been processed, it is pertinent to note that 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.
5.11. 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;
5.12. The user(s) shall be prohibited from carrying out any illegal activity on the platform(s) including but not limited to the acts mentioned, violating or attempting to violate the integrity or security of the platform(s); transmitting any information on or through the platform(s) that is disruptive or competitive to the provision of our Services; intentionally or unintentionally submitting on the platform(s) any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars, scripts or intelligent agents) to navigate or search the platform(s); circumventing or disabling any digital rights management, usage rules, or other security features of the platform(s). Any unlawful activities on the platform(s) are prohibited by the laws of India.
5.13. We may disclose or transfer user-generated information to our affiliates or Governmental authorities in such a manner as permitted or required by applicable laws. You hereby consent to such transfer of information by us. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the user or where the user has consented to data transfer.
5.14. 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).
5.15. 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.
5.16. Subject to applicable laws, the Company may be directed by law enforcement agencies or the Government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
DISPUTE RESOLUTION AND GOVERNING LAW
6.1. 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 Gurugram, Haryana (India) only, and may be modified by Company at any time, for which Company shall not liable to notify the users.
6.2. 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 Gurugram, Haryana shall have sole jurisdiction over the matter and/ or for the enforcement of the outcome, as the case may be.
MODIFICATIONS TO THESE TERMS OF USE
7.1.The Company shall reserve the right, at its sole discretion, to unilaterally change, modify or otherwise alter these Terms and Conditions at any time. Such modifications shall become effective immediately upon the posting thereof. The Company shall not intimate any changes to its users however, the user must review these terms from time to time or on a regular basis to keep themselves apprised of all or any changes. The user can find the most recent/ updated version of such terms at https://boodmo.com/pages/terms_and_conditions_of_use.html.
CONTENT
8.1. The content on boodmo 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.
INTELLECTUAL PROPERTY RIGHTS
9.1. All rights, titles and interests including trademarks and copyrights in respect to the domain name and website content hosted on the platform(s) are reserved by the Company or the respective manufacturer. The platform(s) is designed, updated and maintained independently by the Company. Users are permitted to read, print or download text, data and/or graphics from the site for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/ or dealing with any information contained in this platform(s) in any other manner, either in whole or in part, are strictly prohibited, failing which the Company shall take legal action against such users. You understand that all postings, data, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked with the service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all content that you post, email or otherwise make available by using our service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the platform(s). You understand that Company does not entirely control, and is not responsible for Content made available through the service and that by using the service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the boodmo website and Content available through the service may contain links to another platform (s), which are completely independent of boodmo.
9.2. Although the Company does not claim ownership of Content that its users post, by posting Content to any public area of the platform(s), you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the platform(s), you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the platform(s) by any party for any purpose.
9.3. All components of the platform(s) are the property of the company and protected by the intellectual property rights recognised in the Republic of India and shall include, as amended from time to time, The Patents Act, 1970; The Trade Marks Act, 1999 and The Copyright Act, 1957. Users shall not acquire any rights, including rights in or to any software, trademarks or components of the platform(s), by access or use of the platform(s). The copyright notices and trademarks may not be changed or removed. The components of the platform(s) may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of the Company and unless full acknowledgement of the source is provided.
9.4. You and we acknowledge that, in the event of any third party claim that the platform(s) infringes the third party’s intellectual property rights, we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; provided such infringement was not caused by us.
LICENSE
10.1. Subject to your compliance with these terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) access and use the platforms on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case, solely in connection with your use of the Services. The Company and its licensors reserve all rights not expressly granted herein.
10.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the platform(s) and Services, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The platform(s) and the intellectual property rights vested therein are owned by the Company
