SpotASAP Terms of Use

This TERMS OF USE is made by SpotASAP Technologies Private Limited., a company registered under the Indian Companies Act, 2013 having its registered office at 31/A1, Amarajyoti Layout, Sanjaynagar Main Road, Bengaluru – 560094 (hereinafter referred to as 'SpotASAP'). This electronic record is generated by a computer system and does not require any physical or digital signatures. By merely using the App, You shall be deemed to have contracted with SpotASAP Technologies Private Limited and have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement. Your use of the App and the underlying services and tools offered through the App are subject to and governed by the following terms and conditions ( 'Terms of Use') including the applicable policies which are incorporated herein by way of reference. If You transact on the App, You shall be subject to the policies that are applicable to the App for such transaction. For the purpose of these Terms of Use, wherever the context so requires “You”, “your”, “Buyer” “yours” “Customer” and 'User' shall mean any natural or legal person who has agreed to become a Consumer by using the App by providing Registration Data while registering on the App as Registered User. The term 'We', 'Us', 'Our' shall mean SpotASAP Technologies Private Limited. When You use any of the services provided by Us through the App, including but not limited to, (e.g. Product Reviews, Seller / Service Provider Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the App following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the App. ACCESSING OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by SpotASAP Policies ((including but not limited to Privacy Policy) as amended from time to time.

Membership Eligibility

Only persons who can form legally binding contracts under Indian Contract Act, 1872 are permitted to use the App. Any person who is 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. If you are a minor i.e. under the age of 18 years, and you wish to use or transact on the App, you must only transact using the App registered under the name of a legal guardian or parents. SpotASAP reserves the right to terminate your membership and / or refuse to provide you with access to the App if it is brought to SpotASAP's notice or if it is discovered that you are ineligible to use the App.

Your Account and Registration Obligations

You are solely and entirely responsible for maintaining the confidentiality and security of your Account, Display Name and password and for restricting access to your mobile device. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block your access to the App. You agree to accept responsibility for all activities that occur under your account or password including any content stored, posted or otherwise transmitted through your account even when certain content is posted by others who have access to your account with or without your consent/authorization. We will not be responsible for any changes to the content in your account, including without limitation, product listings or prices, that are attributable to use of your account by any third party, with or without your consent and you hereby expressly agree not to hold us liable in such a case .We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account and the loss or damage arising therefrom. If you know or suspect that someone unauthorized knows your password or any other security breach, then you should notify us by contacting us immediately and in no event later than 24 hours through the address provided in the "Contact Us" section of the website. If SpotASAP has reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or we may suspend your account without any liability to SpotASAP and without any prior notice to you. Without prejudice to the above, SpotASAP reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by SpotASAP due to misuse of your account or password whether due to reasons attributable to you or not. It is very important that you log out when you have finished using the App and preferably every time you leave your mobile device unattended. If you leave yourself logged in, then someone else may use your mobile device and have access to your Account. They may read, modify, or delete content from your Account. They may send emails out from your user ID. They may even attempt to hack or damage the system from your user ID

Communications

When You use the App or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The App is a platform that Users utilize to meet and interact with one another for their transactions. SpotASAP is not and cannot be a party to or control in any manner any transaction between the App's Users. Consequently:

Charges

SpotASAP reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the SpotASAP Services. SpotASAP reserves the right to change its Fee Policy from time to time. In particular, SpotASAP may at its sole discretion introduce new services and modify some or all of the existing services offered through the App. In such an event, SpotASAP reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be intimated to users of the App and such changes shall automatically become effective immediately thereafter. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to SpotASAP Technologies Private Limited. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the SpotASAP Services.

SpotAsap is Only a Venue

The Service is a communications platform for enabling the connection between individuals seeking to pay their monthly recurring payment or fees. The Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers. When interacting with service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

Use of the App

You agree, undertake and confirm that Your use of App shall be strictly governed by the following binding principles:

Contents Posted on the App All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, 'Content'), is a third party user generated content and SpotASAP has no control over such third party user generated content as SpotASAP is merely an intermediary for the purposes of this Terms of Use. Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, App, website or other medium for publication or distribution or for any commercial enterprise, without SpotASAP's express prior written consent. You may use information on the products and services purposely made available on the App for downloading, if any, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the App (collectively, 'Content'). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on the App as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in accordance with our Privacy Policy, available on the App, please do not use App. We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transactions are conducted on the App or with third party merchant's application or website, as the case may be.

Disclaimer of Warranties and Liability

This App, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the App are provided on 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SpotASAP does not warrant that: SpotASAP will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the App. SpotASAP does not warrant that this App; information, Content, materials, product (including software) or services included on or otherwise made available to You through the App; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on App constitutes, or is meant to constitute, advice of any kind. All the Products sold on App are governed by different state laws and if Seller / Service Provider is unable to deliver such Products due to implications of different state laws, Seller / Service Provider will return or will give credit for the amount (if any) received in advance by Seller / Service Provider from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the App. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling / Service Providing

As a registered Seller / Service Provider, you are allowed to list item(s) for sale / serve on the App in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) and to provide service you list for sale/serve on our App. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale/service. All listed items/services must be listed in an appropriate category on the App. All listed items must be kept in stock for successful fulfilment of sales. And, individuals should be dedicated to serve for successful fulfilment of services The listing description of the item/service must not be misleading and must describe actual condition of the product. If the item/service description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Consumer. You agree not to list a single product in multiple quantities across various categories on the App. SpotASAP reserves the right to delete such multiple listings of the same product listed by you in various categories.

Payment

While availing any of the payment method/s available on the App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by You and between 'Bank/s', or Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s All payments made against the purchases/services on App by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. App will not facilitate transaction with respect to any other form of currency with respect to the purchases made on App. Before shipping / delivering / fulfilling a service as part of your order, Seller / Service Provider may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

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