INTRODUCTION
“www.sparebuzz.com” (hereinafter referred to as “SPAREBUZZ”) is an online platform owned and operated by Astrodrivetech Solutions Private Limited (“Company”, “we”, “us”, or “our”), a company incorporated under the provisions of the Companies Act, 2013, having its registered office at C-1203, The Reserve, L. R. Papan Marg, Off Dr. E. Moses Road, Mumbai – 400018, Maharashtra, India.
Operating under the trademark “SPAREBUZZ”, the Company primarily provides an online marketplace platform for marketing, distribution and trading in automobile spare parts & other allied services, largely through its web portal www.sparebuzz.com.
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between the Company and any person (“User”, “you”, or “your”) who accesses, browses, uses, or transacts on the website. These Terms govern your access to and use of the website, including any content, information, products, and services made available through it.
By accessing or using any part of this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you are advised not to use or access this website.
CONTRACTUAL RELATIONSHIP
These Terms constitute a legally binding and enforceable agreement between the Company and any natural or legal person (“Customer”, “User”, “You”, or “Your”) who accesses, browses, registers on, or uses the website for the purpose of buying, selling, listing, or inquiring about spare parts, accessories, or other automotive allied services (“Services”). These Terms expressly supersede any prior written or oral agreements between you and the Company in relation to the Services.
ACCEPTANCE OF TERMS OF USE
The Company provides access to its website for the purpose of enabling users to search for, list, purchase, or gather information relating to automotive spare parts and allied services (hereinafter referred to as the “Service(s)”), subject to the following Terms. By accessing, browsing, registering, or using the website in any manner, you agree to be bound by these Terms, including any guidelines or amendments issued by the Company from time to time. If you do not agree with the Terms, you must immediately discontinue use of the website and the services.
You represent and warrant that you are of legal age (18 years or older) and are fully competent to enter into this agreement and to comply with the Terms. If you are under the age of 18 years, you may only use the website under the supervision of a parent, legal guardian, or an adult who assumes responsibility for your actions.
If you are accessing or using the website on behalf of a business, company, or other legal entity, you confirm that you have the authority to bind that entity to these Terms and fulfil respective commitments, and in such a case, all references to "you" shall include such entity.
You are solely responsible for maintaining the confidentiality of your account credentials, including your login ID and password. You agree to restrict access to your account and accept full responsibility for all activities that occur under your login credentials. You must notify the Company immediately in the event of any unauthorized access, use, or suspected compromise of your account.
You agree to ensure that any information provided at the time of account creation or during use of the website is accurate, complete, and current, and to update such information promptly upon any changes. You may update your information within the relevant profile management section of the website. Dishonest disclosures may result in deletion/blocking of your account/usage at our web portal without assigning any reasons and our sole discretion shall be binding on you.
You acknowledge and agree that your account shall be used only for the intended and lawful purposes as outlined in these Terms. If you are an individual user, you shall use the account for personal or internal use. Business users must have a valid business registration and operate under a business account with the Company. You agree to indemnify, defend, and hold harmless “SpareBuzz”, its affiliates, directors, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:
- any breach these Terms of Use or any applicable laws or regulations;
- any infringement or violation of intellectual property rights or other rights of a third party;
- any dispute, transaction, or arrangement between the User and any other participant (including Manufacturers, Distributors, Retailers, or end customers) facilitated through the Website irrespective of whether the dealings were made online or offline;
- any product liability, defect, or misrepresentation related to goods or services offered, sold, or supplied by the User through the Website; and
- any content, data, or information posted, transmitted, or otherwise made available by the User on or through the Website.
If you disagree with any portion of these Terms, any revisions thereof from time to time, or are dissatisfied with the website or the Services, your sole remedy is to immediately discontinue use. However, users are encouraged to contact the Company’s customer support team in writing with any concerns, and the Company will make reasonable efforts, if found relevant to address them.
Sparebuzz may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with Sparebuzz. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
AMENDMENT OF TERMS AND CONDITIONS
The Company reserves the right, at its sole discretion, to modify, revise, update, or amend these Terms and Conditions, in whole or in part, at any time and without prior notice and is not mandatorily bound to intimate the Users individually or jointly. Any such changes shall be effective upon being posted on the platform(s), unless otherwise specified.
Users are encouraged to review the Terms periodically to stay informed of any updates. The continued use of the platform(s) by the User following the publication of revised Terms shall constitute the User’s acceptance of and agreement to be bound by the modified Terms.
If a User does not agree with any amendment, the User must immediately cease use of the platform(s). The Company shall not be liable for any loss or damage arising out of a User’s failure to review or your decision to not review the updated Terms and Conditions.
The Company also reserves the right to, at its sole discretion, introduce additional terms or policies that may govern specific services, features, or transactions. Such additional terms shall be deemed to be incorporated by reference into these Terms and shall have the same legal force and effect.
The contents, features, structure, and context of the Sparebuzz website are subject to modification at any time to accommodate changes in user-generated products, listings, or related activity. Such changes may include updates to product categories, display formats, filters, analytics, or other platform elements and shall be made at the sole discretion of Sparebuzz.
Sparebuzz reserves the right to add, modify, suspend, or remove any part of the website or its functionalities without prior notice, and shall not be held liable for any consequences arising from such changes.
Privacy and Information Disclosure
Sparebuzz has established a Privacy Policy to explain to users how their information is collected, stored, and used. Your use of the platform or any of its services signifies that you have read, understood, and agreed to the Privacy Policy.
You further acknowledge and agree that Sparebuzz may, at its sole discretion, preserve or disclose your content and information—including but not limited to email addresses, IP addresses, timestamps, and other user data—if required to do so:
- To comply with applicable laws, legal processes, or governmental requests;
- To enforce these Terms and Conditions;
- To respond to claims that any content violates the rights of third parties;
- To respond to claims that contact information (e.g., phone number, address) of a third party has been posted or shared without their consent or as a form of harassment;
- To protect the rights, property, or personal safety of Sparebuzz, its users, or the general public.
Sparebuzz takes user privacy seriously and discloses or preserves information only when reasonably necessary or legally obligated to do so.
DISCLAIMER OF WARRANTIES
The website and the associated service(s) are provided on an "as is" and "as available" basis. The Company makes no express or implied warranties of any kind regarding the operation of the website or any third-party links for the accuracy, completeness, or reliability of the information, data, content, product listings, specifications, or services made available through the website. All content and information provided are for general informational purposes only and shall not be construed as a representation or warranty of the Company.
The Company expressly disclaims any representation of affiliation, association, endorsement, or agency with any vehicle manufacturer, automotive brand, or their associated entities, unless such affiliation is explicitly and specifically agreed with the relevant party. Any references to vehicle models, brand names, or manufacturer-specific data are used strictly for identification and informational purposes only.
Any links or redirections to third-party websites or services from the website are accessed at the user’s own risk. The Company does not monitor or control the content, accuracy, or availability of such external websites and shall not be responsible or liable for any damages, losses, or liabilities arising out of the use of such third-party content, products, or services.
Users acknowledge and agree that the Company may not pre-screen all content uploaded or displayed on the website, including third-party listings or catalogue information. However, the Company reserves the right, but not the obligation, to review, refuse, remove, or modify any content that violates these Terms or is otherwise deemed inappropriate, inaccurate, or misleading in law, at its sole discretion and without notice.
The company does not vouch for actions and business interactions that incur between the users online and offline and holds no guarantee/warranty for authenticity of goods or services offered by the provider. It shall the sole responsibility of the beneficiary to exercise reasonable caution while transacting amongst themselves and this platform serves simply as a medium to connect them and there is no further role or involvement in actions and transactions between the users.
Users acknowledge and agree that Sparebuzz shall not be liable for any interactions between users and other individuals, organizations, or third parties on or through the Platform, including but not limited to transactions, communications, payments, deliveries, or any associated terms, conditions, warranties, or representations. Such dealings are solely between the users and the relevant parties.
Sparebuzz bears no responsibility for any loss, damage, or dispute arising from such interactions and has no obligation to mediate or resolve conflicts between users or between users and third parties. By accessing or using the Platform, users release Sparebuzz, its officers, employees, agents, and affiliates from all claims, demands, and damages (actual or consequential, known or unknown) arising out of or related to any such disputes.
Sparebuzz makes no representations or warranties regarding:
- The accuracy, completeness, or reliability of content on the Platform or on third-party websites linked to it;
- The quality, safety, legality, or authenticity of listed products or services.
Sparebuzz assumes no liability or responsibility for any of the following:
- Errors, inaccuracies, or omissions in content;
- Personal injury or property damage arising from users’ access to or use of the Platform and services;
- Unauthorized access to or use of servers and/or any personal or financial information stored therein;
- Interruption or cessation of transmission to or from the Platform;
- Bugs, viruses, trojans, or other malicious code transmitted via the Platform by any third party;
- Loss or damage of any kind incurred as a result of use of content made available through the Platform.
Sparebuzz does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or through any linked website or advertising banner. Sparebuzz is not and will not be a party to or responsible for monitoring any transaction between users and third-party providers. No guarantees are provided in the event of any misrepresentation.
Prohibited Content
The User agrees that they shall not upload, post, transmit, share, or otherwise make available through the Website any content that:
- is obscene, pornographic, sexually explicit, or indecent;
- promotes or incites religious, political, racial, or ethnic hatred, discrimination, or violence;
- is defamatory, libelous, abusive, harassing, threatening, or invasive of another’s privacy;
- violates any applicable law, regulation, or the rights (including intellectual property rights) of any third party; or
- is false, misleading, fraudulent, or otherwise unlawful.
SpareBuzz reserves the right, at its sole discretion, to remove any content that it deems to violate these terms or that may otherwise harm its reputation or expose it to legal liability. The User acknowledges and agrees that SpareBuzz does not endorse, support, or assume any responsibility for any such prohibited content uploaded by Users and the same shall be binding on the user himself/herself/itself.
Violation of this clause may result in immediate suspension or termination of the User's account, removal of content, and/or legal action, as deemed appropriate by SpareBuzz.
Payment Terms and Third-Party Transactions
All payments made through the Sparebuzz platform for goods or services listed by users may be processed via third-party payment gateways or vendors, over which Sparebuzz has no direct control. By using such payment services, you agree to the following terms:
- Third-Party Responsibility: Payments, refunds, chargebacks, and related disputes are governed by the terms and conditions of the respective third-party payment provider. Sparebuzz shall not be responsible or liable for any delays, failures, errors, or unauthorized transactions that occur as a result of using third-party payment systems.
- Accuracy of Information: You agree to provide accurate and complete payment information and authorize the payment provider to debit the specified amount from your account.
- Security and Compliance: All payment information will be handled in compliance with applicable data protection laws and the policies of the third-party payment provider. Sparebuzz does not store or retain any sensitive payment data such as card numbers or CVVs.
- Disputes and Refunds: Any disputes relating to payments, refunds, or chargebacks must be resolved directly between the buyer and seller or with the third-party payment provider, as applicable. Sparebuzz may assist in dispute resolution on a best-effort basis but is not obligated to do so.
Sparebuzz reserves the right to change or update its payment processing partners at any time, without prior notice.
General Conditions
All users of the Website www.sparebuzz.com (“Website”) expressly agree to and are bound by these Terms and Conditions. Individuals or entities who do not accept all or any part of these terms should refrain from accessing or using the Website.
- User Access and Definition
All individuals and legal entities (collectively referred to as "Users") may browse, view, and interact with the products and services listed on the Website. The entities based on their registration status opted, shall be able to access the products and services on the website relevant to the said entities.
Users of the Website may be categorized as follows:
- Buyers: Individuals or entities—whether registered or unregistered—interested in sourcing of products and services listed on the Website.
- Sellers: Includes manufacturers, distributors, wholesalers and retailers who list and offer products through the Website.
- End Users: Consumers or businesses intending to source the same for direct use or resale.
- Intermediary Nature of the Website
The Website functions solely as a neutral intermediary platform, enabling communication and potential commercial interaction between Buyers and Sellers. The Website:
- Does not own, sell, store, or ship any products, except in explicit interest of the users as per the Terms and Conditions agreed upon such transaction;
- Is not a party to any contract of sale concluded between Buyers and Sellers;
- Does not guarantee, quality, performance, legality, accuracy, disclosures, or availability of listed products and services by the sellers.
- Sales and Purchase Terms
These Terms and Conditions form the general framework governing all sales and purchase transactions initiated or facilitated through the Website. They shall be considered an integral part of any sales contract concluded between Buyers and Sellers.
It is the sole responsibility of the transacting parties to:
- Independently verify the authenticity of sellers/buyers and details of products;
- Negotiate and finalize any contractual terms;
- Comply with applicable laws and regulations related to their transaction.
Account Security
You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. “Sparebuzz” shall not be held liable for any loss or damage arising from your failure to adequately safeguard your login credentials or from any unauthorized access to your account. You agree to notify us immediately of any unauthorized use or suspected breach of your account.
Product Reviews
The Sparebuzz platform may allow users to post reviews or ratings for products listed by other users. All such reviews reflect the personal opinions and experiences of the respective users and do not represent the views, opinions, or endorsements of Sparebuzz.
By submitting a review, you agree that:
You are solely responsible for the content of your review.
Your review must be honest, lawful, and not defamatory, misleading, or offensive.
You must not impersonate another person or falsely claim expertise.
Sparebuzz reserves the right, at its sole discretion, to moderate, edit, or remove any review that it deems to be inappropriate, false, irrelevant, or in violation of these Terms or applicable laws. Sparebuzz is not liable for any loss or damage arising from the publication or removal of user reviews.
Prohibition on Sharing Contact Information
Users are strictly prohibited from including personal or business contact information such as phone numbers, email addresses, website links, or social media handles in any content uploaded to the Sparebuzz platform, including but not limited to product listings, descriptions, images, reviews, or comments.
This restriction is in place to maintain the integrity of the platform, ensure fair use, and prevent off-platform transactions or solicitation. Sparebuzz reserves the right to remove any content that violates this policy and may suspend or terminate the account of any user who repeatedly breaches this rule.
DO-IT-YOURSELF
The information contained in car care articles, tips, do-it-yourself guides, is for knowledge and educational purposes only and cannot substitute for the advice of a professional car/auto mechanic or authorized car workshop or authorized car part dealer or service station. Please don't attempt to replace your car parts if you don't have proper knowledge and tools, you can be injured, and your vehicle could be damaged. Take your car to a dealer or a workshop.
Offers and Discounts
Any offers, discounts, promotional schemes, or price reductions displayed on the Sparebuzz platform are solely provided and managed by the respective users (such as manufacturers, wholesalers, retailers, or distributors). Sparebuzz does not control, sponsor, endorse, or guarantee the availability, accuracy, or legitimacy of any such offers.
All such promotional activity shall be at the sole discretion of the user offering it and may be subject to additional terms and conditions imposed by that user. Users and customers are advised to verify the terms of any such offers directly with the offering party.
Sparebuzz shall not be held liable for any disputes, losses, or claims arising from or in connection with any such offer, discount, or scheme.
Tele-support Service
Sparebuzz may offer tele support services to assist users with queries related to platform navigation, account management, listings, or general troubleshooting. By using the tele support service, you acknowledge and agree to the following:
Tele support is provided for informational and assistance purposes only and shall not constitute any legal, business, or commercial advice.
Any information, guidance, or support provided by Sparebuzz representatives via phone is given in good faith based on the information made available by the user.
Sparebuzz shall not be held liable for any loss, damage, or misunderstanding arising from the use of such tele support services.
The tele support service may be recorded for quality and training purposes, and by using the service, you consent to such recording.
Sparebuzz reserves the right to limit, suspend, or discontinue tele support services at its sole discretion, without prior notice.
Subscription Fees and Penalty on Breach
The use of certain features and services on the Sparebuzz platform may be subject to subscription fees, which vary based on the type of user registration. The applicable fee structure is determined at the time of registration and may be revised from time to time at Sparebuzz’s sole discretion. For example:
- Manufacturers, Distributors, Wholesalers, Retailers, or other business categories may each be subject to different subscription plans and pricing.
- Users are responsible for selecting the appropriate user type during registration and are liable to pay the corresponding subscription fee as per their classification.
In the event of any breach of these Terms and Conditions, including but not limited to misuse of the platform, misrepresentation, or unlawful activity, Sparebuzz reserves the right to terminate or suspend the user’s account. In such cases, only up to 75% of the remaining unutilized subscription amount may be eligible for refund, and 25% shall be retained as a penalty to cover administrative and platform maintenance costs.
Sparebuzz reserves the right to:
- Determine the final amount refundable, if any, based on the extent of usage and severity of the breach;
- Amend subscription plans and charges with prior notification via the platform.
Users are encouraged to review the fee structure applicable to their registration category and ensure compliance with all platform terms to avoid penalties.
Geo-Fenced Information Sharing
Sparebuzz uses geo-fencing technology to facilitate efficient, territory-based business operations and maintain distributor integrity. Accordingly:
- Information made available on the platform, including product listings, pricing, offers, and trader contact visibility, may be restricted or customized based on the geographic location of the user.
- This mechanism ensures that traders (such as retailers, wholesalers, etc.) primarily interact with or receive updates relevant to the distributor(s) assigned to their specific region.
- Users acknowledge and agree that such geo-fencing is implemented to maintain a structured supply chain, promote healthy regional competition, and prevent overlap or conflict between distributor territories.
Sparebuzz reserves the right to:
- Modify, update, or redefine geo-fencing parameters at its sole discretion;
- Limit or restrict access to information outside the user’s designated operating area.
Users are not restricted from conducting business outside their designated area; however, the data and interactions facilitated by the platform will be tailored to the geo-assigned region in order to uphold the commercial framework agreed upon by the parties involved.
INTELLECTUAL PROPERTY RIGHTS
Ownership and Usage Rights
All rights, titles, and interests, including copyrights, trademarks, and other intellectual property rights associated with the domain name, platform(s), and content hosted on the Website are either owned by the Company or duly authorized from the respective manufacturers or content owners. The platform(s) is independently developed, maintained, and managed by the Company.
Users may view, print, or download text, data, or graphics from the Website strictly for personal and non-commercial use. Any unauthorised access, reproduction, distribution, transmission, republication, or commercial exploitation, in whole or in part, of any content hosted on the platform(s) is strictly prohibited. The Company reserves the right to pursue legal action under applicable Indian laws against any user found violating these rights.
Users acknowledge that all information, postings, data, messages, text, files, images, videos, sounds, or other material (“Content”) originates solely from the user or third party who posted it or provided the Contents to the company/third party for posting it on their behalf. Users are fully responsible for the Content uploaded by them, share, transmit, or otherwise make available through the platform(s). The Company disclaims liability for any such Content and does not actively monitor or control user-generated Content. By using the services, users may encounter Content that may be inaccurate, misleading, objectionable, or offensive.
Furthermore, the platform(s) may contain links to third-party websites, which are completely independent of the Company. The inclusion of such links does not imply any endorsement or affiliation with such third-party platforms.
License to Use Posted Content
Although the Company does not claim ownership of user-generated Content, by posting any Content to a public area of the platform(s), the user automatically grants the Company an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to:
- Use, reproduce, adapt, modify, display, perform, publish, translate, distribute, and create derivative works from such Content;
- Incorporate such Content into other works;
- Grant sublicenses of the foregoing rights through multiple tiers.
The user also grants the Company all rights necessary to prohibit the unauthorized aggregation, copying, duplication, or exploitation of such Content by any other party for any purpose.
Legal Protection and Restrictions
All components of the platform(s), including but not limited to its software code, structure, layout, trademarks, and databases, are protected under applicable intellectual property laws of the Republic of India, including but not limited to (as amended from time to time):
- The Patents Act, 1970
- The Trade Marks Act, 1999
- The Copyright Act, 1957
No user shall acquire any rights, title, or interest—express or implied—in or to any portion of the platform(s), including its software or trademarks, by mere access or use. Any reproduction, distribution, or modification of these components, either in print or electronic form, is strictly prohibited without the Company’s prior written consent and appropriate acknowledgment of the source. Alteration or removal of copyright or trademark notices is also strictly prohibited.
Infringement by Third Parties
In the event of any third-party claim alleging that the platform(s) or any part thereof infringes upon such third party’s intellectual property rights, the Company shall be solely responsible for the investigation, defence, resolution, and discharge of any such claim—provided the infringement is not caused by the user’s actions or misuse of the platform(s).
Prohibition on Data Scraping and Harvesting
The User agrees not to engage in, facilitate, or authorize any data mining, data scraping, screen scraping, web crawling, data harvesting, or any other similar activity intended to extract data from the Website, whether through automated means (such as bots, crawlers, spiders, or scripts) or manual processes, without the express prior written consent of SpareBuzz.
This prohibition applies to, but is not limited to, the extraction of information related to product listings, pricing, business contact details, user profiles, and any other data hosted on the Website for legitimate purposes only.
Any unauthorized use, reproduction, distribution, or exploitation of data obtained from the Website constitutes a violation of these Terms of Use and may subject the violator to civil and/or criminal liability under applicable laws, including but not limited to laws governing intellectual property, confidentiality, and information technology.
SpareBuzz reserves the right to take all necessary legal and technical measures, including the suspension or termination of accounts, blocking of IP addresses, and initiation of legal proceedings, to prevent and penalize such unauthorized activities.
Content Usage and Broadcasting Rights
By submitting or uploading any content (including product videos, promotional materials, or live streams) to the platform, you grant “Sparebuzz” a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and broadcast such content for the purposes of promoting your products or services through the platform and affiliated channels. You represent and warrant that you have all necessary rights and permissions to grant this license and that the content does not infringe upon any third-party rights.
TERMINATION OF SERVICE
You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the website, immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms of Use and Trade. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the services. Further, you or your appointed / authorised users, agree not to attempt to use the service after said termination.
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 website or the service, whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website 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 website or the service or any links on the website, as well as by reason of any information or advice received through or advertised in connection with the website or the service or any links on the website. 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 etc all 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.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute, claim or controversy arising out of or in connection with the access, use, interpretation, performance or breach of the platform(s) shall be governed by and construed in accordance with the laws of Mumbai, India, without giving effect to any principles of conflict of laws.
The Users agree that any legal action, suit or proceeding arising out of or relating to these Terms or use of the platform(s) shall be subject to the exclusive jurisdiction of the competent courts at Mumbai, Maharashtra, and the Users hereby irrevocably submit to the jurisdiction of such courts.
Notwithstanding the above, the Company reserves the right to initiate proceedings or seek equitable or injunctive relief before any other court or authority having appropriate jurisdiction, if deemed necessary in its sole discretion.
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue to fully remain valid and enforceable by law.
In any circumstances the users and all subscribers of the platforms agree that the maximum claim against the company shall not exceed the amount paid(less the period for which services availed) and if it is free/ zero then the claim shall not be exceeding that amount.
In the event of any dispute, difference, or claim arising out of or in connection with the use of the Sparebuzz platform or these Terms and Conditions (including any questions regarding their existence, validity, interpretation, performance, or termination), the parties shall first attempt to resolve the dispute amicably through mutual discussion and reconciliation, within 30 days from the date either party notifies the other of such a dispute.
Dispute Resolution
If the parties fail to resolve the dispute through reconciliation within the stipulated period, the matter shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the parties. If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in accordance with the applicable provisions of the Act.
- The arbitration shall be conducted in the English language.
- The seat and venue of arbitration shall be Mumbai, India.
- The award of the arbitrator shall be final and binding on the parties.
Each party shall bear its own costs in relation to the arbitration, and the costs of the arbitrator shall be shared equally, unless otherwise directed by the arbitral award.
Nothing in this clause shall prevent Sparebuzz from seeking interim or injunctive relief from a court of competent jurisdiction, if necessary, to protect its rights or enforce compliance with these Terms.