INTRODUCTION

www.automarto.com ("Automarto") is a web portal, owned and operated by XXXX , (“Company/ We/ Us/ Our”),  having its registered office at XXX. Automarto 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 “www.automarto.com " (also known as platform or platforms).

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
 

1. Automarto provides data for the customer to search for required spare parts or car-related products, any information regarding cars, spare parts, 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 Automarto service or services, you agree to abide by any applicable posted guidelines for all Automarto 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.
   
   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. 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.
   
   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. 
   
    
2. 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. Should you object to any Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Automarto 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.
    

GENERAL TERMS OF USE

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. You are hereby authorised to use the platform(s) for lawful purposes or for the purposes as mentioned in the Terms. Any unauthorized use of the platform(s) shall lead to legal consequences against such user as per the applicable laws of the land.

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.  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.

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.

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.

ORDER CANCELLATIONS

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.

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.

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.

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;
 

MODIFICATIONS TO TERMS OF USE

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 XXXXX

CONTENT

The content on Automarto 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

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 Automarto website and Content available through the service may contain links to another platform (s), which are completely independent of Automarto.

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.

All components of the platform(s) are the property of the company and protected by the intellectual property rights recognised by the United Arab Emirates. 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.

 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.
 

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.
  

THIRD-PARTY CONTENT, SITES, AND SERVICES

The Automarto platform 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 Automarto, 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 Automarto even in cases where the user is redirected to such website(s) from Automarto.

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 Automarto, shall be considered as a third party.

Automarto deals with manufacturer(s), producer(s) and supplier(s) and offers their catalogue to users as a mediator. (to double check)  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.
 

LIMITATIONS OF LIABILITY & INDEMNITY

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.
 

GENERAL PROVISIONS

Report Abuse: 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 under 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 raise a support request by emailing us at XXXX.

Severability: If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

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.