Terms of Use
Last updated on: 1st April 2020
Please read these Terms of Use ("Terms", "Terms and Conditions") carefully before using the www.droomdms.com website (the "Service", “website”) operated by Droom (“Droom” , "Us", "We", or "Our") and User ( “You”, “User”).
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.
These terms of use (hereinafter “Terms of Use”) are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.droomdms.com website.
https://www.droomdms.com is owned/ licensed and operated by Droom Technology Private Limited, a company incorporated under the Companies Act,2013, having its registered office at 90/31B, First Floor, Malviya Nagar, New Delhi – 110017 (hereinafter, individually and/ or collectively referred to as “Droom/ Company”).
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 Website 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 Website.
BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service
WHAT IS DROOM DMS?
DMS is a SaaS based application created specifically for used vehicle dealers (small or large scale) and would be available on all platforms i.e. iOS, Android, M-Web, and Desktop website. In addition to helping run a dealership it will allow the dealer to manage listings across different online platforms at one single place. DMS will go live on m-Site first and then on other platforms. DMS will work on the following principles:
- Online or Offline
- On Droom or beyond Droom
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You shall be responsible for maintaining the confidentiality of Your information including display name and password (if applicable) and You shall be responsible for all activities undertaken by You, including but not limited to use of the Website for availing the services through this website that occur under Your display name and password. 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 access of Your membership on the Website and refuse to provide You with access to the Website.
COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to us and provide Your information required for availing the services, You agree and understand that You are communicating with us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMSs 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
HENCE FORWARD
1. Droom does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased by Users of the Website. Droom does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Droom accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. Droom is not responsible for any non-performance or breach of any contract entered between any Users and third parties in any manner. Droom cannot and does not guarantee the correctness of the information available on this Website and shall not and is not required to mediate or resolve any dispute or disagreement between the Users and any third parties.
3. Droom does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
4. The Website is only a platform that can be utilized by Users to get the information relating to the automobiles and to share their reviews and get latest news and updates about the new automobile launches and their details and other information and it is agreed that the contract for sale of any of the products shall be strictly a bipartite contract between the Users and third parties.
5. At no time shall Droom hold any right, title or interest over the products / automobiles, nor shall Droom have any obligations or liabilities in respect of such contract.
6. You release and indemnify Droom and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Droom cannot take responsibility or control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
7. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
FEE POLICY
Membership on the Website is free. Droom does not charge any fee for browsing on the Website. However, Droom reserves the right to change its Fee Policy from time to time. In particular, Droom may at its sole discretion introduce paid memberships for it’s Users with extra/advanced feature . In such an event Droom 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 posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. 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 Droom.DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website 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, Droom does not warrant that:
1. This Website will be constantly available, or available at all; or
2. The information on this Website is complete, true, accurate or non-misleading.
You will be required to enter correct and valid personal details such as Your name, address, phone number and other information as required for use of the Services on this Website. By registering Your details including but not limited to Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any new offers, information, news or other updates.
USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which You does not have any right to;
2. 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
3. Is misleading in any way;
4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. Harasses or advocates harassment of another person;
6. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
9. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. Contains video, photographs, or images of another person (with a minor or an adult);
14. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
15. Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout these Terms of Use, Droom's prior written consent means a communication coming from Droom's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
16. Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
17. Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
18. Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
19. Harm minors in any way;
20. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
21. Violates any law for the time being in force;
22. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which grossly offensive or menacing immature is;
23. Impersonate another person;
24. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
25. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
26. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. Please be advised that such content posted does not necessarily reflect Droom views. In no event shall Droom assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
27. Droom shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services)
CONTENTS POSTED ON WEBSITE:
1. All text, graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), other than the ones created by Droom itself, originated and used by the Users is a third-party user generated content and Droom has no control over such third party User generated content as Droom is merely an intermediary for the purposes of these Terms of Use.
2. You shall be responsible for any notes, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "User Content")
3. Such User Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the User 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 User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy and rules of conduct on the Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.
4. Except as expressly provided in these Terms of Use, no part of the Website and no content including but not limited to the third-party Content and/or User 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, Website or other medium for publication or distribution or for any commercial enterprise, without Droom's express prior written consent.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Droom. Droom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Droom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
4. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
5. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
APPLICABLE LAW
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.
JURISDICTIONAL ISSUES IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for use in India. Droom make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this Website from other locations/Countries other than India do so on their own initiative and risks and Droom is not responsible for the information and Services availed from this Website
CHANGES/ MODIFICATION TO THE TERMS OF USE
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.INDEMNITY
You shall indemnify and hold harmless Droom, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DROOM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
CONTACT US
If you have any questions about these Terms, please contact us.
Grievance Redressal Officer:Mr. Ram Ramiti Singh
Plot No. 77-A, Ground Floor, Iffco Road, Sector 18,Gurgaon - 122015, Haryana -India
Time: Mon to Sat (10:00 to 19:00)Email: Support@droom.in