This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The Platform provided by the Company, (hereinafter referred to as “GetMySpares” or "Company" or "We" or "Our" or "Us"). The Platform serves as an e-commerce platform facilitating the sale and purchase of wide range of electronic components including but not limited to, spare parts, etc. (“Products”) from third party sellers registered on the Platform (“Sellers”) by the buyers . ("End Users" or "User" or "You" or "Buyer") [The Platform may be used by Users to connect with, and for booking orders with the Sellers for purchasing Products (“Services”)].Users further agree and acknowledge that Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on GetMySpares.
- CUSTOMER DATA: For providing its Services, Platform shall host data and information. Platform will not review, share, distribute, or reference any such End User data except as provided in the Terms, or as may be required by law. Individual records of End User data may be viewed or accessed only for the purpose of booking orders, sharing the purchase records with the relevant Seller or the logistics or order fulfillment service providers, resolving a problem, support issues, or suspected violation of the Terms, or as may be required by law. If the Products are booked through the Platform, the user name and phone number would be shared for operational purposes. The information in relation to product searches, product selection and the queries posed by the Users to the Platform shall be kept confidential with such information being accessible only by Platform with whom the queries are shared. We would take all reasonable precautions for maintaining confidentiality of data of the Users.
Platform can be reached, for all questions and directions related to these Terms, by:
- Sending a letter marked to the attention of Getmyspares.com, C/o Panasonic India Pvt. Ltd., 12th Floor, Ambience Tower, NH-8, Ambience Island, DLF Phase 3, Sector 24, Gurugram, Haryana 122002; or
- Sending an email to email@example.com
- You must be 18 (eighteen) years of age or older to register, use this computer resource, or visit or use the Platform in any manner. By registering, visiting the Platform or accepting this Agreement, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and agree to and abide by this Agreement.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
- A condition of the User’s use of and access to the Platform and to the Services is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave the Platform immediately and immediately discontinue use of all other Services.
- Platform Recommends that the User must read the Terms carefully. Use of Services by the User on the Platform means You are consenting to this Agreement.
- Platform authorizes the User to view and access the content available on or from the Platform only as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, "GetMySpares Content"), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the Platform Content or reproduce, display, publicly perform, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose or for personal gain. Multiple people are not permitted to share the same/single log-in.
Services and use of Platform
- The Platform provides the Users, facility to (i) create and maintain an account ‘User Account’, (ii) search for Sellers by the category of Product, name, code, specialty, and features, or any other criteria that may be developed and made available by the Company, and (iii) to place orders to the Sellers.
- Whenever We use the words "your Seller" or similar words on the Platform, including in this Agreement, we mean the Seller with whom you have an actual, mutually acknowledged, buyer- seller relationship. Any transaction between You and the registered Seller does not create any buyer-seller relationship between the Company and You.
- NO BUYER-SELLER RELATIONSHIP: The Company does not replace your relationship with Seller. By agreeing to these terms and conditions then You are agreeing to that fact that that the Platform is an online platform that enables you to purchase Products listed on the Platform at the price indicated therein at any time for any location, herein you further agree that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Sale of products on the Platform shall be bipartite contract between You and the Sellers registered on the Platform. All commercial/contractual terms include without limitation the price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the Products. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the End User and the Sellers. All discounts, offers and exchange schemes are by the Seller and not by the Company. Please refer to the Conditions of Sale (between Sellers and End Users)
- You acknowledge that the Sellers registered with Us are independent contractors and thereby the Company has an independent contractor relationship with such Sellers and therefore in no event the Company will be directly or vicariously liable for any Product or after sale services or any loss arising therefrom that the Sellers may provide to you or you may avail as part of the Services.
- You acknowledge that the Products displayed on the Platform on search are not owned by Us and are only to facilitate the End User to enter into a transaction of sale with the Seller of the displayed Products. You further agree and acknowledge that We will only act as an aggregator and assume no responsibility and/ or liability in relation to the Products provided by Sellers, which shall at all times be at your sole risk and the sole responsibility of the Sellers.
- You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Platform (including Information provided in direct response to your questions or postings), not create a buyer-seller relationship, Any Information and data available on the Platform should be used for information purposes only. Further, the Information available on the Platform may not be correct as such Information is updated / amended at regular intervals. We do not guarantee the accuracy or completeness of any content or Information provided on the Platform. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Platform, the Services, representations and warranties made by other Users, sellers and third party service providers engaged by the Company, the content or information provided on the Platform in relation to any User or services provided by such User.
- The Platform is designed to support your search for the Products that you intend to purchase. We cannot make decisions for you. However, the Platform can be used by the End User to find and connect with Sellers for making the purchase of Products.
- We do not recommend or endorse any specific Seller, Product, opinions, or other information that may be mentioned on the Platform. Reliance on any information provided on the Platform is solely at your own risk.
- You take full responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by you for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask you to share more information as and when needed.
- The inclusion / empanelment of sellers or Products on the Platform or in any directory on the Platform does not imply recommendation or endorsement of such sellers or Products nor is such information intended as a tool for verifying the quality, genuineness. Such information is provided on an "as-is" basis and the Company disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
- The Company (the owners and the employee staff of the Company), sellers and third-party service providers who offer the Services through the Platform accept no responsibility for any legal or financial events or outcomes related to the Services achieved through the use of the Platform. The Company shall not be responsible for any interactions between the User and the Sellers.
- The Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Company’s employees. The Company is not responsible for transmission errors, corruption of data.
- The Platform is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Platform for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members on the Platform or use the Platform through individual members.
- The Platform may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Platform, the Information, or Services. You may not use any automated means (such as a scraper) to access the Platform, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her [‘User Account’] profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Seller or to access any such account is an express and direct violation of this Agreement and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
- Your right to use the Services is not transferable.
- Notwithstanding anything to the contrary contained herein, End User alone shall be liable for User’s dealings and interaction with Sellers (as the case may be) through the Platform and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such Seller or any third party through the Platform.
- GetMySpares may, at its sole discretion, suspend User’s ability to use or access the Platform at any time while GetMySparesinvestigates complaints or alleged violations of this Agreement, or for any other reason. GetMySpares has the right to edit profiles of End Users and clinics to make them more suitable for patient searches on the Platform. If End Users find any wrong information on the Platform in relation to such End User, they can send an email to [insert email address] for modification of the same.
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. Company does not make any representation or warranty as to specifics (such as quality, value, merchantability, etc.) of the Products or Services proposed to be sold or offered to be sold or purchased on the Platform. Platform does not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Platform. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Your Profile, Collection, Use, Storage and Transfer of Personal Information
- Your GetMySpares profile is created to store record of your purchases and your User Account information online, including name, past purchases, delivery locations and billing details.
- You agree to provide accurate information to help us serve you best to Our knowledge, to periodically review such information and to update such information as and when necessary. The Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by you for Company’s record or for Services. Please make sure you provide a valid email-id and you update it as and when needed.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information; and
- How and to whom the Company will disclose such information.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or any other person acting on behalf of the Company.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password.
- If an End User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate such account at its sole discretion.
As mandated by Regulation 3(2) of the IG Rules, the Company hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Platform or any GetMySpares Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of Services by the Company;
- intentionally submitting on the Platform 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 or intelligent agents) to navigate or search the Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- copying or duplicating in any manner any of the GetMySpares Content or other information available from the Platform;
- framing or hotlinking or deeplinking any GetMySpares Content.
- The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in section 11.2 below, shall be entitled to disable such information that is in contravention of section 5.2. Company shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- As mandated by Regulation 3(2) of the IG Rules, the Company hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that —
- The User shall not hold the Company responsible or liable in any way for any disclosures by GetMySpares under Regulation 6 of the SPI Rules.
- The Services provided by the Company or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty or guarantee, express or implied about the Platform or the Services. The Company does not verify any content or information provided by End Users on the Platform and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Platform, the Services, the GetMySpares Content.
- The Platform may be linked to the website of third parties, affiliates and business partners. The Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through Our Platform. Inclusion of any link on the Platform does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk.
- The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If a User is dissatisfied with the Platform, User’s sole remedy is to discontinue using the Platform.
- In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, User’s provision of information via the Platform, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for provision of or failure to provide all or any service by an End User to any of its client or patient contacted or managed through the Platform. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or a User’s use of the Platform exceed, in the aggregate Rs. 1,000/- (Rupees One Thousand only).
- In no event shall the Protected Entities be liable for failure on the part of the End Users to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the Services.
- The Platform may be linked to the website of third parties, affiliates, business partner, business associate, business facilitator and the Protected Entity shall not be liable for any direct, and/ or indirect, , incidental, special, exemplary or consequential damage or harm and/or claims related to, in connection with or otherwise resulting from the Services rendered/ availed/ sought by/ from such third party, affiliates, business partner, business associate, business facilitator, etc., through the Platform and such third party, affiliates, business partner, business associate, business facilitator shall fully, exclusively and solely be liable for that event.
- We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind, we do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the website vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the Platform.
- The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Sellers and the Users by providing a platform for them to sell and purchase the listed products. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered to the End Users through the Platform.
- The listing of Sellers on the Platform is based on numerous factors including End User’s comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing of the Sellers on the Platform.
- the Protected Entity disclaim any responsibility and liability of the user’s travel related arrangements including his passport, visa, transport, accommodation, immigration and other related matters in connection with his arrival in India for availing any/ all service through the Platform.
- User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Platform, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Term, Termination and Disputes
- This Agreement will remain in full force and effect while the User is a user of the Platform in any form or capacity.
- The User can terminate his/her/its membership with the Platform at any time by providing 30 (thirty) days’ prior written notice to support@GetMySpares.com. We need this period to inactivate User’s account, only after verifying if there are any ongoing or pending Services or payments. The Company may want the User to continue until the completion of an on-going Service should the situation warrant. The User shall be obligated to pay the Company for any Services which the User has procured.
GetMySpares reserves the right to terminate any account in cases:
- The Company is unable to verify or authenticate any information provide to the Company by a User; or
- The Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for the Company or are contrary to the interests of the Platform.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Platform by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
- Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Services subscription, the Company will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, The Company shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. Provided, that the Company will not own any responsibility in case the data is lost due to any inadvertent technical failure.
- GetMySpares reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Platform and immediate termination of the User’s account with or without ability to access the Platform and the other Services, upon any breach by the User of this Agreement or if the Company is unable to verify or authenticate any information the User submits to the Company, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to provide the Services to the User.
- This Agreement and any contractual obligation between the Company and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Delhi.
- [All disputes will be subject to arbitration in Delhi in English by a single arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996.]
- Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Severability & Waiver Contact Information
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- If a User has any questions, issues, complaint concerning GetMySpares, the Platform, this Agreement, or anything related to any of the foregoing, GetMySpares can be reached at the following email address - support@GetMySpares.com
Change to Terms
- If a User uses the Service after notice of changes have been sent to such User or published on the Platform, such User hereby provides his/her/its consent to the changed practices.