TERMS OF USE

Last Updated on:- 8th November 2022

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.

This document is 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 www.droom.in website and other owned and operated sub-domain(s) and page(s).

The domain name www.droom.in is owned/licensed and operated by Droom Technology Limited (formerly known as 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 and corporate office at Plot No. 77-A, Building -1, Iffco Road, Sector 18, Gurugram, Haryana- 122015 (hereinafter, individually and/ or collectively referred to as “Droom/Company”). Droom provides access to a variety of services such as Droom Marketplace, Droom Cloud Services, Droom Eco System Services and Droom Ancillary Services (hereinafter referred to as the “Services”), including but not limited to access to the www.droom.in website or any other sub-domain(s)/sub-page(s), mobile site and mobile application (hereinafter individually and collectively referred to as “Platform”). These Terms of Use constitute a binding legal agreement between users and the Platform.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who is a User/visitor/registered seller/registered buyer/Subscriber on the Platform availing the services, raising queries and seeking information and/ or who has agreed to become User on the Platform by providing registration data while registering on the Platform as registered User using the computer systems. Droom allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Droom.

Your use of the Platform, Services and tools are governed by the following Terms of Use as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, You shall be contracting with Droom and these Terms of Use including the policies constitute Your binding obligations, with Droom. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service(s), and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform 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 Platform.

BY ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting Droom’s and this Platform’s Terms of Use, You also accept and agree to be bound by Droom’s and this Platform’s policies (including but not limited to Privacy Policy available on https://droom.in/privacy-policy) as amended from time to time. We shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Terms of Use or to the Privacy Policy.

1. GENERIC TERMS FOR USERS AVAILING VARIOUS SERVICES ON THE PLATFORM & SUB DOMAINS

MEMBERSHIP ELIGIBILITY

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. Droom reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Droom's notice or if it is discovered that you are under the age of 18 years or otherwise legally disqualified or incompetent to enter into contract as per the Indian Contract Act or any other laws applicable in India. Furthermore, Droom has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Platform, maintaining the confidentiality of Your information including your display name and password (if applicable) and Your other personal information. You shall be responsible for all activities undertaken by You, including but not limited to use of the Platform for availing the Services through this Platform 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 these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform and refuse to provide You with access to the Platform.

PLATFORM FOR TRANSACTION AND COMMUNICATION

The Platform is a platform that Users utilize to inter alia get required information, meet and interact with one another for their transactions and share their reviews about automobiles and Sellers. Droom and this Platform or the Content posted on the Droom Community platform and/or the Platform in general, shall in no matter be held responsible for any opinion expressed, review made by any of the Users on this Platform and/ or is not and cannot be a party to or control in any manner any transaction between the Platform and the Users.

NO ENDORSEMENTS OR VERIFICATION 

Please note that the Platform in general and the Droom Community platform contains access to third-party content or Content posted by other Users, and it offers interactions with third parties and other Users. Participation or availability on the Platform does not amount to endorsement or verification by Us. We make no warranties or representations about the accuracy, completeness, or timeliness of any Content posted on the Platform or on the Droom Community platform by anyone.

USE OF THE PLATFORM

You/ Users agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and the Company shall have the absolute right to suspend Your account and take appropriate legal action solely at Your cost as the Company may deem fit:

1. You/User shall not host, display, upload, modify, publish, transmit, update or share any information on the Platform which:

1. Belongs to another person and to which You/User do not have any right to;
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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. Infringes any copyright of Content or any trademark of any third party on the Platform and on the Droom Community page. 
5. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, false identity or any deceptive activity, bigotry, hatred or physical harm of any kind against any group or individual.
6. Harasses or advocates harassment of another person on the Platform and /or on the Droom Community page.
7. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming”.
8. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.
9. 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];
10. 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.
11. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
12. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
13. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
14. Buying/selling of stolen vehicles on the Platform and its platforms 
15. Contains video, photographs, or images of another person (with a minor or an adult).
16. Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
17. 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 Platform. Throughout these Terms of Use, Droom's prior written consent means a communication coming from Droom's Legal Department/Management of Droom, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
18. Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal.
19. Interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services.
20. Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
21. Harm minors in any way;
22. 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 or by posting Content which is infringing to any third Party’s;
23. Violates any law for the time being in force;
24. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
25. Impersonate another person;
26. 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;
27. 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.

1. The User of this Platform is required to ensure and undertakes that the information provided on this Platform or any actions of the User(s) on this Platform shall:

1. Not be false, inaccurate or misleading;
2. Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
3. Not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
4. Not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity;
5. Not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means;
6. Not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform;
7. Not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any other person/ entity or otherwise engage in any conduct or action that might tarnish the image or reputation, of Droom or Sellers on platform or otherwise tarnish or dilute any Droom's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Droom's systems or networks, or any systems or networks connected to Droom;
8. Not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform;
9. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
10. Not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Droom and / or others;
11. At all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations regarding Your use of Our Platform, Droom Community and Our Services and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
12. Act in a bonafide manner to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information. You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform;

1. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
2. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
3. We reserve the right, but have no obligation, to monitor the products and materials posted on the Platform. Droom shall have the right to remove or edit any product or content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE PRODUCT, SERVICES & CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM TO BE SOLD TO THE USERS AND ALSO REMAIN LIABLE FOR THE CONTENT YOU POST IN YOUR PRIVATE MESSAGES OR MESSAGE BOARDS. Please be advised that such Content posted does not necessarily reflect Droom’s views. In no event shall Droom assume or have any responsibility or liability for any products and Content posted or for any claims, damages or losses resulting from purchase of products and services on the Platform and of the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights/ ownership to post the products and services on the Platform and to all Content which You provide and all information it contains and that such product/ services and Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
4. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
5. It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
6. 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).

FEE POLICY

Registration on the Platform is free for Users. Droom does not charge any fee for browsing and/ or buying/ transacting on the Platform. Droom reserves the right to change its Fee Policy from time to time at its sole discretion. In particular, Droom may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. 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 Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You/ Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to Droom, wherever applicable.

PROFANITY POLICY

1. Droom prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. 
2. Please report any violations of this policy to the correct area for review:

• Report offensive Display Names
• Report offensive language in a listing or otherwise

1. If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Droom will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

VIOLATIONS OF THIS POLICY MAY RESULT IN A RANGE OF ACTIONS, INCLUDING:

1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension. This shall be at Droom’s sole discretion. 

EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, is not regulated by Droom. Droom encourages its Users to be professional, courteous and respectful when communicating by email.

However, Droom will investigate and can take action on certain types of unwanted emails that violate Droom policies. 

SUCH INSTANCES INCLUDE:

1. Threats of Bodily Harm - Droom does not permit Users to send explicit threats of bodily harm.
2. Misuse of Droom System - Droom allows Users to facilitate transactions through the Droom system but will investigate any misuse of the Service.
3. Spoof (Fake) email - Droom will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the 'Contact Us' tab.
4. Spam (Unsolicited Commercial email) - Droom's spam policy applies only to unsolicited commercial messages sent by Droom Users. Droom Users are not allowed to send spam messages to other Users.
5. Offers to Buy or Sell Outside of Droom - Droom prohibits email offers to buy or sell listed products outside of the Droom Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Droom policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status

CONTENTS POSTED ON PLATFORM:

THIRD PARTY CONTENT:- All text, graphics, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), other than the ones created, originated and used by the Company 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 use of the materials and information available on this Platform and for the purposes of these Terms of Use.

USER GENERATED CONTENT:- You shall be solely responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform and on the Droom Community page . Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights to use such Content as the Company or Platform may deem fit.  We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now, known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by Us, consistent with Our Privacy Policy and rules of conduct on the Platform as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Except as expressly provided in these Terms of Use, no part of the Platform and no content including but not limited to the third-party Content and/or 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, Platform or other medium for publication or distribution or for any commercial enterprise, without Droom's express prior written consent. You may use information on the products and Services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

SERVICES UNDER THE PLATFORM

1. DROOM MARKETPLACE

Users making a purchase on the Platform shall be referred to as the “Buyer” and Users selling their products by listing them on the Platform shall be referred to as the “Seller”. Items and products herein mentioned in various places in these Terms of Use shall also include vehicles (2W and 4W) listed on the Platform. 

1. Droom acts as a platform which connects Buyers and Sellers for sale of the products listed on the Platform and is not responsible or liable for any products listed on the Platform including all commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms may include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Droom 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 Buyers and Sellers. 
2. Droom does not make any representation or Warranty as to specifics (such as quality, value, saleability, Legal issues and documents, transfer issues with the relevant authority etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Droom does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Droom accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Droom is not responsible for any non-performance or breach of any contract entered between Buyers and Sellers. Droom cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Droom shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. 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 User that You choose to deal with on the Platform and use Your best judgment in that behalf.
5. Droom does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall Droom hold any right, title or interest over the products nor shall Droom have any obligations or liabilities in respect of such contract entered between Buyers and Sellers. Droom is not responsible for unsatisfactory or delayed performance of services or damages or delays because of products which are out of stock, unavailable or back ordered, document verification and legal transfer of documents by the Seller.
7. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Droom is only providing a platform for communication, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. This is valid for all services provided by Droom to its Users. 
8. At no time shall Droom hold any right, title or interest over the products nor shall Droom have any obligations or liabilities in respect of such contract between the Buyers and Sellers and Droom disclaims all liabilities in regard to the same.
9. You/User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that You transact with.
10. You/ Users of the Platform release and indemnify Droom and/or any of its officers, assigns and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You/ User may have in this behalf under any applicable law(s). Notwithstanding the indemnification mentioned hereinabove, despite its reasonable efforts in that behalf, Droom cannot take responsibility or control the information provided by other Users, which is made available on the Platform. 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 Platform.
11. Please note that there could be risks in dealing with underage persons or people acting under false pretence and Users are expected to conduct due diligence in this regard.

BUYER ELIGIBILITY AND RESTRICTIONS

1. Only the Buyers who have purchased the product on Droom are eligible for the Buyer Protection Program.
2. Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
3. To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Droom by writing an email to support@droom.in
4. Fraudulent charges and claims are not covered under Buyer Protection Program.
5. If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program.
6. Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
7. Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 1 claim per year on Droom. If the claim was withdrawn, it is not counted.
8. Through the Buyer Protection program, Droom does not provide any guarantee/warranty to Buyers for products sold on Droom against technical/manufacturing defects.
9. Raising disputes against Sellers does not automatically entitle the Buyer for a refund or replacement for the product purchased. Droom shall verify the disputes so raised and may process only such claims that are valid and genuine.
10. Droom shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
11. Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program, once the vehicle delivery has been made.
12. Droom reserves its right to initiate civil and/or criminal proceedings against a User/Buyer who, files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Droom may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] and/ or account of such User and/or disqualify that User and any related Users from availing protection through this program.
13. Decisions made by Droom under the Buyer Protection Program shall be final and binding on its Users.
14. Droom reserves the right to modify/discontinue Buyer Protection Program without any prior notice period to its Users.
15. Droom Customer Support Team/ Dispute resolution team may seek additional documentation/clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information/clarification sought within 5 days of such request, the dispute shall be auto closed in favour of the Seller. 

SELLING

As a registered Seller, You are allowed to list item(s) for sale on the Platform in accordance with the policies, which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties and the said listings shall not violate any law(s). Listings may only include text descriptions, graphics and pictures that describe your item/product for sale. All listed items/products must be listed in an appropriate category on the Platform. All listed items/products must be kept in stock for successful fulfilment of sales.

Any legal issues/accidental issue, such vehicles shall not be listed. In case listed and sold, Droom will not be liable towards the buyer and seller and can shall penalise/take legal recourse against the seller at his sole cost and consequence. 

The listing description of the item/products must be correct, authentic, should not be misleading and must describe actual condition of the product. If the item/product description does not match the actual condition of the item or has any issues/legal obligations on the product. You agree to refund any amounts that You may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Droom reserves the right to delete such multiple listings of the same product listed by you in various categories.

In case of Users listing any vehicles on the Platform, they must price the vehicle responsibly and must not tamper with the odometer. If at any time, Droom or the Buyer find out that the odometer has been tampered with, then the User/ Seller is liable to pay Droom, the difference between the price at which the vehicle was sold and the OBV price of the same vehicle based on actual KMs driven at the time of the sale. Droom shall thereafter transfer the difference to the Buyer. Droom shall not hold any responsibility towards the Buyer in this regard and Droom disclaims all liabilities in relation to the same. 

COMMITMENT FEE/ TOKEN AMOUNT

Once a Buyer likes a product at Droom listed by Seller and is ready to commit to buy that product, Droom may charge a booking or commitment amount (hereinafter referred to as “Token Amount”) from the Buyer that will make the listing de-activated. The Buyer and Seller will have certain time window, in which they are expected to meet or coordinate the closure of the transaction. A transaction will be deemed as closed or completed once Buyer and Seller meet, Buyer makes the final value payment (i.e. selling price minus the Token Amount), both Buyer and Seller execute the transfer documents, and Seller hands over the product to the Buyer. The Seller is expected not to list that item elsewhere or try to sell it until the time window for the closure of the transaction has expired. When the Buyer is making final value payment to the Seller for the product, the Buyer will make the final value payment that is the total selling price minus the Token Amount. Upon successful closure of the transaction, Droom will pay the Token Amount to the Seller subject to the deduction of selling commission/fee or platform usage fee. The Token Amount, the time prescribed for the closure of the transaction, and how much will be the selling commission/fee or platform usage fee by Droom may vary and can change time to time with no notice to Buyers and Sellers.

In certain cases, Droom may refund the Token Amount to the Buyer independent of the outcome to the transactions or in certain cases Droom may not pay the Token Amount to the Seller. Please read our Buyer Protection section for refund or payment of Token Amount.

The Buyer has the option to opt for financing the Token Amount through Droom which is available on the Platform. At the time of repayment of the financed Token Amount, The Buyer shall pay the financed Token Amount to Seller along with the full and final payment on the delivery of vehicle. Seller has the right to collect the financed Token Amount on behalf of Droom. 

The Seller will pay the Token Amount to Droom within the agreed time period between Droom and the Seller or as commercially decided between Droom and Seller in writing. Such amount(s) will be settled/ paid by Droom to Xeraphin Finvest Pvt Ltd as per the parties’ arrangements agreed separately between the parties.

SERVICES PAYMENT

While availing any of the payment method/s available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the present limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.

All payments made against the purchases/Services on Platform by You shall compulsorily be in Indian Rupees acceptable in the Republic of India. Droom/ Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Before shipping / delivering Your order to You, a Seller may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

GENERAL TERMS & CONDITIONS FOR BUYERS AND SELLERS

1. Buyers and Sellers are not allowed to sell to or buy from their friends and family under any of the Droom promotions. Violation of this rule will straightaway lead to suspension of the Sellers account. In case of such breach, the Company shall have the absolute right to take appropriate action solely at the Your cost 
2. Buyers and Sellers should refrain from bribing/corrupting with any of the Droom employees or customers for undue benefit. Any such action will lead to suspension of the account. In case of such breach, the Company shall have the absolute right to take appropriate action solely at the Your cost

FOR BUYERS

1. Any offers/coupons/deals cannot be combined with other offer/coupons/deals.
2. Limited quantity is available until sold.
3. Droom reserves the right to cancel any order and refund the Token Amount without notification or explanation.
4. Only one order is allowed per registered User under any promotion.
5. Droom may ask for more additional documentation before processing your order. Delivery of the product can only be taken after the completion of Droom verification process.
6. Offers/coupons/deals can end anytime without prior notice.
7. Droom does not take any responsibility of the item/product condition, authenticity or validity of documents.
8. Transaction is considered closed after the Buyer pays the Seller and receives delivery of the product.
9. Any item/product will not be shipped unless mentioned explicitly otherwise.
10. Auction - The reserve price will not be visible to the bidders. If the reserve price is not met, no winner will be declared for the auction.
11. The Buyer will have a maximum of either 120 hours post placing the order or until they mark the order complete, whichever occurs earlier to cancel the order and get a full refund. Once the 120 hours period is complete or the Buyer marks the order as complete, the Buyer will lose any rights to claim the refund of the amount paid to Droom. This will also cover any attempts to raise a chargeback through the Buyer’s bank or the associated payment gateway. No claims shall be entertained by Droom after the abovementioned period(s) expire.
12. In case of transaction of vehicles, the following further conditions will be applicable: 

• Buyer and Seller are responsible to follow all the rules and regulations prescribed by RTO.
• Buyer and Seller will be responsible for any vehicle insurance required by law.
• All additional costs involved for transferring, registration and other services will be borne by the Buyer.
• Droom shall not hold any responsibility towards the Buyer and Seller in relation to any obligations and issues related to any product including any transactional/legal issues and/or issues in relation to transfer of documents from the respective RTO and Droom disclaims all liabilities in relation to the same. The Buyer and Seller are solely responsible to resolve the said issues/matter and Droom is not liable to either the Seller or the Buyer and is not obligated to mediate in the said matter between the Buyer and the Seller. 

FOR SELLERS

1. Vehicles under promotions can't be delivered to the Buyer before the Droom verification process has been completed. It may take up to 3-5 working days for the verification process.
2. Any dealer/ Seller found abusing/misusing the Droom platform or promotions will be suspended and may face legal action at Sellers sole cost and consequences.
3. Any Seller caught violating Droom policy(s) will be suspended for 3 (Three) weeks, and all their payments will be put on hold. If a Seller is suspended more than 3 (Three) times, they will permanently banned from selling at Droom. Droom’s decision shall be final and binding. 
4. Any vehicle submitted for promotions must be held for specified duration.
5. In case of any policy violation, Droom reserves the rights to cancel any order while the Seller will still be liable to pay selling service fees to Droom.
6. One Seller should have only one account with Droom. Any seller found with multiple accounts with Droom will be liable to have their account suspended and be liable to legal action.
7. Sellers need to submit a copy of a cancelled cheque to Droom as proof of their bank account at the time of on boarding.
8. Sellers will also have to adhere to the Seller DMP policy as mentioned on the page https://droom.in/droom-university/seller-dmp-policy on the Platform.
9. As per Central Tax Notification No 50 & 51 dated "13th September 2018" issued by the Ministry of Finance- Government of India, Droom shall deduct additional "TCS" (Tax collected at source) at the rate of 2% (1% CGST & 1% SGST) from Seller's payout applicable from "1st October 2018".

FURTHER:-

1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the transaction. Use of the payment facility shall not render Droom liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Droom's Platform.
2. You/User have specifically authorized Droom or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery to and from other Users in respect of transactions through the payment facility. Your relationship with Droom is on a principal-to-principal basis and by accepting these Terms of Use you agree that Droom is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Droom's Platform that are paid for by using the payment facility. Droom does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
3. You understand, accept and agree that the payment facility provided by Droom is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on the Droom Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Droom is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

1. PAYMENT FACILITY FOR BUYERS:

1. You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the payment facility, and You shall pay the transaction price through Your issuing bank/ instrument to the Seller using the payment facility.
2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by the payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation / variation of the transaction should be in compliance with these Terms of Use.
3. You, as a Buyer, shall electronically notify the payment facility using the appropriate Droom Platform features immediately upon delivery or non-delivery within the time period as provided. Non-notification by You of delivery or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
4. You, as a Buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided, whichever is earlier. In case you do not raise a refund claim using the Platform features within the stipulated time than this would make You ineligible for a refund.
5. You, as a Buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or Services and/or transactions and hence You may not be entitled to a refund in respect of the Transactions for those products and /or Services.
6. Except for Cash on Delivery transaction, refund, if any, shall be made at the same issuing bank/ through the same instrument from where transaction price was received.
7. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
8. For electronics payments and Cash on Delivery transactions, refunds, if any, shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
9. Refund shall be conditional and shall be with recourse available to Droom in case of any misuse by Buyer.
10. Refund shall be subject to Buyer complying with these Terms of Use and the Droom policies.

1. Droom reserves the right to impose limits on the number of transactions or transaction Price which Droom may receive from on an individual valid Credit/Debit/ Cash Card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
2. Droom reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Droom or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
3. Droom may do such checks as it deems fit before approving the receipt of / Buyers commitment to pay (for Cash on Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Droom. As a result of such check if Droom is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.
4. Droom may delay notifying the payment confirmation i.e. informing Seller to dispatch, if Droom deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Droom may hold transaction price and Droom may not inform Seller to dispatch, remit transaction price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
5. The Buyer and Seller acknowledge that Droom will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction Price which is beyond control of Droom.

BUYER'S ARRANGEMENT WITH ISSUING BANK

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.

COMPLIANCE WITH LAWS

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Droom’s Platform.

DROOM MILES

Droom Miles are the loyalty points which are like virtual currency that user can redeem against a future transaction done on Droom’s online platform. Droom Miles are credited in your account when you transact on the Platform and/ or Droom’s online platforms through promotional activities with one Droom Mile equivalent to one Indian Rupee (INR 1/-). You can also purchase these miles from Droom Miles page under my account. The validity of these miles depends upon the type of miles.

1. Generic Miles: These are the miles that User(s) purchase through their “My Account” page on the Platform by adding money. These miles can be redeemed against any transaction on the Platform and/ or Droom’s online platforms. These miles are valid for 3 years from the date of purchase.
2. Specific Miles: There are multiple types of Specific miles, which can be redeemed against specific transactions on the Platform and/ or Droom’s online platforms. Droom Miles earned through a promotional offer, will depend on the terms and conditions of the promotion under which, the transaction is successfully completed.
3. Purchase of Droom Miles: You can Purchase Droom Miles using any of the pre-paid payment options only.
4. Refund of Droom Miles: Droom Miles comprises of three types of miles - Store credit (which is a credit granted by Us typically in lieu of a cancelled order), miles purchased by User(s) (which is a prepaid amount that You added to the Wallet to pay for future orders on the Platform) and Promotional balance (which is credit granted by Us purely for promotional or goodwill purposes). Droom Miles purchased by User(s) (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable while Store credit will continue to be entirely refundable.

Droom shall determine, from time to time, at its discretion, which transactions are eligible for inclusion and exclusion of the mile’s program and how many miles to be earned and on what basis.

In case of a reversal of any eligible transaction, Droom Miles credited to the account because of such transaction will be deducted from the miles balance.

You will be able to hold up to an amount of 10,000 Indian Rupees (INR 10,000/-) i.e. 10,000 Droom Miles in one instance. There is no need to maintain a minimum balance. No interest will be payable on Droom Miles. You are not currently permitted to: (a) transfer Droom Miles to your bank account, (b) purchase any pre-paid payment instruments using Droom Miles, (c) withdraw Droom Miles in cash, or (d) transfer or assign Droom Miles or any benefits associated with Droom Miles.

Droom reserves its right, in its sole discretion and without any prior notice, to impose and/or revise charges/commissions in relation to the use of Your Droom Miles.

Droom may suspend or discontinue Your access / use to or of Your Droom Miles, for any reason at any time without written notice to You. In addition, Droom may suspend Your use of Your Droom Miles if it suspects that such transaction or Your Droom Miles are being or are likely to be used without authorization, fraudulently, suspiciously or are otherwise unusual based on prior transaction activity / history and application of Our internal fraud controls.

Limitation of Liability: In no event Droom will be liable for any unused Droom Miles, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Droom Miles or association with the Droom Miles.

DISPUTES VIA CHARGEBACK 

Whenever a chargeback (hereinafter referred to as “CB”) comes from a payment gateway/bank, following situations may arise:

1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the Dispute Resolution Clause in this Terms of Use.
2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the Dispute Resolution Clause in this Terms of Use. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller.
3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the Dispute Resolution Clause in this Terms of Use.

BUYER PROTECTION PROGRAM

Buyer Protection: At Droom when a Buyer pays the Token Amount for a product, the entire amount so paid is covered under Buyer Protection Program. Droom’s Buyer Protection allows buyer to be eligible for full refund of the Token Amount in case a refund claim using the Platform features is raised within the stipulated time period provided for the product and/ or services.

Droom can refund the amount in shape of store credits or via cheque or any other payment instruments deemed appropriate by Droom from time to time at its own discretion. If Token Amount is more than the listing fee, Droom will keep the remaining balance as its administration cost for the transaction that did not get complete due to fault of a Buyer or a Seller. Droom’s discretion shall be final and binding on the Buyer/User in case of refund of the Token Amount. 

In case of a dispute where the Seller is unable to provide a refund or a replacement, Droom will actively work towards reaching a resolution if it deems fit and participation of Droom 

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller. The Buyer can write to support@droom.in if the issue with the Seller is not resolved. Droom's Dispute Resolution team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute can be registered.

In due course of resolution, Droom's Dispute Resolution Team will facilitate a conference call including the Seller and the Buyer. When a dispute has been raised, Droom may provide both the parties access to each other’s display names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Droom for settling the dispute.

If Droom has suspicion or knowledge, that any of its Buyers and Sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, or if the Buyer and Seller have made a transaction outside the knowledge of Droom, Droom reserves the right to forfeit any refund(s) to the Buyer and thereafter Droom may while reserving its rights to initiate civil and/or criminal proceedings against the Buyer and/or the Seller may also at its sole discretion suspend, block, restrict, cancel the display name and/ or account of such Buyer and Seller and /or disqualify that User and any related Users from availing protection through this Buyer Protection Program or availing any other remedy through the Platform or available on the Droom platform.

Droom reserves its right to initiate civil and/or criminal proceedings against a User who, files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Droom may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] and/ or account of such User and/or disqualify that User and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

RETURN AND REPLACEMENT POLICY 

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the Services (excluding vehicles), reason being that the product (excluding vehicles) and/ or Services is significantly different from listing or material omission by the Seller or misleading statement by the Seller.

In case the Seller doesn't have the vehicle listed on the Platform, Droom can provide the refund of Token Amount to the Buyer and Buyer shall be obligated to accept the refund within the stipulated time period as mentioned above in these Terms of Use. 

Droom only acts as a platform where Buyer and Seller can exchange information and Droom does not take any responsibilities for return or replacement of any products (including vehicles listed on the Platform) transacted on Droom's Platform. Not all vehicles are eligible for return/replacement. Only those vehicles listed on the Platform are eligible for return wherein the Seller specifically agrees to accept the return of the vehicle listed by the Seller and Droom shall hold no responsibility for the decision made by the Seller in case of accepting returns of product (including vehicles) listed. In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product (including vehicles listed on the Platform) and the refund shall be provided by the Seller to the Buyer directly and Droom shall not hold any responsibility or be a party to any issues/litigations (including third party litigations or complaints) pertaining to any such return cases. It is expressly agreed by the Buyer and Seller that the Token Amount once paid to Droom, shall not be deemed refundable, unless the said return is initiated and completed within the stipulated timeline defined for the refund of Token Amount by Droom to the Buyer. In case the return is initiated by the Buyer and after the said time period defined for refund of Token Amount, then Droom will not be liable or responsible to refund any amount to the Buyer the Seller shall solely be liable to refund the whole amount (including the Token Amount) to the Buyer as Droom as per policy will not be liable refund the Token amount once the said time period gets over. The Seller shall solely be liable to refund the Token Amount paid to Droom by the Buyer if the vehicle is accepted for return after the stipulated time period for return of Token Amount is over. 

The Seller shall indemnify Droom for all costs, liabilities, claims (including litigation and attorney’s cost) for all returns of products (including vehicles) which the Seller specifically agrees to accept the return off. 

Droom in no way shall be liable or responsible either to the Buyer or Seller and shall not hold any responsibility for any return of product (including vehicles) as agreed or promised by the Seller in their listings listed on the Platform. 

We encourage the Buyer to review the listing before making the purchase decision. Buyer shall not be entitled to any return/refund unless request for return/ refund/ replacement is made as per the process provided and, in the timelines, provided for the product (including vehicles) and/ or Services.

Droom reserves its right to initiate civil and/or criminal proceedings against a User/Seller who, lists illegal/stolen products and/or raises/files invalid and/or false claims or provides false, incomplete, or misleading information to Us and/or the Buyer. In addition to the legal proceedings as aforesaid, Droom may at its sole discretion suspend, block, restrict, cancel the display name [and its related display names] and/ or account of such User/Sellers and/or disqualify that User/Sellers and any related Users/Sellers from listing any products in the future, seeking/providing any return/ replacement of any product (including vehicles) and/ or Services. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent claim for return/ replacement containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law (all costs for the same shall solely be borne by the said person). 

LICENSE FOR THE CONTENT POSTED ON THE PLATFORM

By submitting, posting, or displaying your Content on the Platform or the Droom community platform, you grant Droom and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Content in connection with the operation or use of the Platform or the Droom community platform. The right is perpetual and irrevocable, to the maximum extent permitted by law.

DISCLAIMERS APPLICABLE TO ABOVE SERVICES

The Services are provided on an “As is Available” basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective employees shall create a warranty or liability of any kind towards the User.  

The Company reserves the right to make additions, deletions, or modification to the Services and its features, any time, without prior notice to its User’s. The Company can in its sole discretion discontinue the Services with or without providing any specific information or notice to any third party thereof and in no event the Company shall be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services and its features.

Notwithstanding the generality of the aforesaid, the Company shall provide the Services in accordance with the terms of use herein. In addition, the Company shall not be responsible towards the User for malfunction or interruptions in the Service caused by the actions of third-party carriers, any authority notifications, government orders or by any other third parties or Force Majeure event. 

The said Services provided herein are for the benefit of the User(s) only and the User(s) shall not pass on these Services as its own services or to any third party for User’s own benefit (monetary or otherwise). The Services are owned and operated by the Company and the User shall not render any rights over the Services so provided by the Company. Non-adherence to this will be deemed to be a major breach by the User and the Company shall be liable to act against the User and any third party involved in such breach at the sole cost and consequences of the User.

1. DROOM CLOUD SERVICES (DCS)

Droom Cloud Services (hereinafter referred to as “DCS”) includes technology and data science driven subscription services delivered on the cloud for SMEs and Enterprises in automobile vertical. DCS provides Droom’s proprietary tech and data science driven Automobile Ecosystem Services (hereinafter referred to as “AES”) and Automobile E-Commerce Platform Services (hereinafter referred to as “AEPS”) as subscription Services bundled as Plan(s) which the User can subscribe on a monthly, quarterly, or yearly basis. 

The Services are available to the User on a Plan(s) basis wherein the User shall create a account and subscribe the Plan(s) subject to the terms & conditions, commercials (i.e. subscription fee) agreed herein. 

The Services to be provided by the Company to the Subscriber is on a non-exclusive basis and the Company has all rights to provide same/similar services to other third parties in perpetuity. 

The following are the Services under AES:-

1. Pricing as a Service (PaaS)

The pricing service leverages OBV (Orange Book Value), a Data Science driven algorithmic pricing engine, to offer information around pricing of automobiles.

1. Inspection as a Service (IaaS)

The Inspection Service leverages ECO that provides inspection reports for any used automobile within minutes. This service is independent, objective, comprehensive, scientific and unbiased

1. History as a Service (HaaS)

The History Service leverages History, India's largest national repository for vehicle history. It offers used vehicle history report for almost 200 million of the total 220 million registered vehicles in India. The report provides in-depth details about a vehicle's background, covering up to 50 different history records in 10 seconds.

1. Delivery as a Service (DaaS)

The Delivery Service leverages Velocity that promises end-to-end delivery services. This provides a delightful and convenient experience to the buyer and reduces the overall operational burden so you can focus more efficiently on the business.

1. Marketing as a Service (MaaS)

Marketing solutions provide the opportunity to advertise on the platform. This ensures an increase in visibility and access to targeted audiences. The solutions are dedicated to solving the pain points during buying and selling of used and new automobiles. We offer highly targeted, measurable and effective advertising to the leading brands.

1. FinTech as a Service (FaaS)

Droom Financial Service leverages Fintech offering 21st century financial services. It is India's most comprehensive, unbiased, and independent way to get instant loans. Fintech aims to make the loan process easier, instant, paperless and affordable for everyone.

The following are the Services under AEPS:-

1. E-commerce Managed Services

E-Commerce Managed Services are meant to offer one-stop-solution to provide a full up and running e-commerce interface. This includes development of website and integration of website with the application for android & iOS devices. One can sell, generate leads, increase network, procure inventory and offer automobile ecosystem services.

Upon availing this Service, the Company will create and provide a website and an application (“Dealership Application”) to the Users and encourage them on the overall usage. This Service is being developed with a vision to serve the Users to avail the Services which shall help in selling & buying of used Vehicles. The website and the application being developed may provide the User with other cloud and ancillary services etc. which are the proprietary Services of the Company. This Service is provided through the Company’s ecosystem to enhance Your experience in buying and selling of Vehicles using the Services of the Company.

Under this Service, the User shall be provided with multiple website templates for the Users to choose and host from for listing of Vehicles/Inventories. The website developed for the User shall be owned/licensed, operated and powered by the Company as per the availed plan. The website developed shall have Users information and work as a place for lead generation. 

Apart from the website developed herein, the application developed under this Service will act as a one stop solution to the User, which shall help the Users in handling of Customer Management, Inventory Management, Sharing of Inventory with other Users, Sales Management and Reporting/Analytics of data to measure business goals on their website. This will also help in improving Buyer experience through improved communications & ease of operations.

1. E-commerce Marketing Services

Marketing Services powered by Droom Discovery are Droom’s Automobile Marketing Cloud (AMC) that offers: content, tools, communities, web and offline properties, digital marketing stack and other marketing services for the automobile vertical. Droom Discovery is also responsible and gatekeeper for letting SMEs to leverage Droom’s traffic, reach and engagement.

The above Services under DCS are marketed/sold/available to SME’s on https://sme.droom.in/ and the said Services for SME’s shall be governed by the Terms of Use and Privacy Policy as on the Platform herein.

The above Services under DCS are marketed/sold/available to Enterprise(s) on https://enterprise.droom.in/ and the said Services for Enterprise(s) shall be governed by the Terms of Use and Privacy Policy as on the Platform herein.

The Users are free to subscribe the plan(s) as per their requirement(s), subject to availability of the same on the date of subscription.

SERVICES & PLAN(S) OFFERED: -

The Platform offers various Plan(s) to the User of the Platform. 

The Platform shall allow the Users to avail Plan(s) available on the Platform which consist of various deliverables for the benefit of the User. The Plan(s) are only available through the subscription model on a monthly, quarterly and annual basis on the Platform. 

The User at his/her sole discretion can opt to use such Plan(s) at his/her own accord. Neither the Platform/the Company advice nor imposes any obligation/compulsion on the User to purchase any Plan(s) and holds any liability towards the User for usage of such Services. The Platform or the Company will not be made liable for any losses/damages incurred by the Subscriber or any third party of the Subscriber towards the usage of any Services.

The prices of the Plan(s) are subject to change at Company’s sole discretion without prior information or intimation to You. 

When You subscribe to any of the Plan(s), You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services and You shall abide by them as incorporated on their respective websites. In case of any discrepancy in the terms and conditions mentioned herein and on the respective websites of the Services, the Terms of Use of  www.droom.in shall prevail.

The Subscriber may have the option to add on/upgrade/downgrade the Plan(s) as per his/her requirement subject to availability of such schemes on the Platform. 

Cancellation:- Subscriber may cancel anytime before the due date of the renewal and once a cancelation request is made, there shall be no refund or return and the subscribed Plan(s) shall stand active and remain valid until the subscription expiration date.

Renewal & Non payment:- The Subscriber shall have an option to check or uncheck the auto renew feature at the time of subscribing the Plan(s) or anytime while using the plan. The Subscriber shall have the option to renew the Plan(s) anytime prior to the due expiry of the Subscription by opting the renewal action and making payment for the same as on the Platform. Auto renewal of the Plan(s) shall happen via online tool and credit card stored under PCI compliant environment, debit note raised, or invoice raised shall be shared with the Subscriber on E-mail Id shared by the Subscriber.

As and when the payment is due and the Subscriber has not opted the auto renew feature, the Subscriber shall be intimated via phone/message/whatsapp/e-mail for making the payment for utilization of the Service(s). In case the Subscriber fails to make the payment, this may result into suspension of the subscription and may result into cancelation if the payment remains outstanding upon expiry of 60 (Sixty) days from the date the payment is due.

DISCLAIMERS APPLICABLE TO ABOVE SERVICES

The Services are provided on an “As is Available” basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective employees shall create a warranty or liability of any kind towards the Subscriber.  Notwithstanding the generality of the aforesaid, the Company shall provide the Services in accordance with the terms of use herein. In addition, the Company shall not be responsible towards the Subscriber for malfunction or interruptions in the Service caused by the actions of third-party carriers, any authority notifications, government orders or by any other third parties or Force Majeure event. 

The said Services provided herein are for the benefit of the Subscriber(s) only and the Subscriber shall not pass on these Services as its own services or to any third party for Subscriber’s own benefit (monetary or otherwise). The Services are owned and operated by the Company and the Subscriber shall not render any rights over the Services so provided by the Company. Nonadherence to this will be deemed to be a major breach by the Subscriber and the Company shall be liable to act against the Subscriber and any third party involved in such breach at the sole cost and consequences of the Subscriber.

SERVICE/SUBSCRIPTION FEES & PAYMENT TERMS

For the Services to be availed by the Subscriber, the Company shall be paid a subscription fee (hereinafter referred as “Subscription Fee”) towards the subscribed Plan(s). Details of payment and payment terms are mentioned on the Platform. Any taxes applicable as per applicable laws of the land at the time of payment shall be charged separately by the Company and shall be borne by the Subscriber. 

PROMOTIONAL ACTIVITIES 

The Company shall run promotional activities on a time-to-time basis for the Subscribers and the Company may at its sole discretion may withdraw the promotional activities without any prior information and intimation to the Subscriber. The Company shall not be liable to the Subscriber for any loss/damage(s) incurred by the Subscriber in relation to the promotional activities run by the Company.

1. DROOM ECO SYSTEM SERVICES

1. Orange Book Value - utilises Droom's proprietary data science methodologies and latest technologies to get the correct pricing of used vehicles and mobile phones depending upon various factors that lead to value depreciation. A vehicle and/ or mobile phone that is well-maintained and kept in good shape gets to score more in the OBV methodology and gets a better market value. Used vehicle and mobile phone buyers, sellers and Users of this Platform, agree and acknowledge that the Orange Book Value report is recommendatory in nature and that Droom or Orange Book Value will, in no manner be responsible for any losses suffered by the Users/ buyers in any manner.

The Users further acknowledge that they will not rely solely on an Orange Book Value report in their decision to buy a vehicle and/ or mobile phone. The Orange Book Value report is meant to cover certain items, but not all mechanical components of a vehicle and/ or mobile phone. The Orange Book Value report is generated based on the information that is provided by Users about the vehicle’s make, model, Year, Trim and manufacturing and the mobile phone’s make, model and age. The valuation may vary upon inspection of actual presentment of the said vehicle and/ or mobile phone and Droom is not liable or responsible in case Users provide false or incorrect information. These specific Terms of Use also govern these services and the specific T&C’s for Orange Book Value as on  https://orangebookvalue.com/ .

1. Eco Inspection - is a vehicle inspection service offered by Droom where vehicle inspections are performed by independent, third-party mechanics and/ or auto repair shops. Droom does not own, operate, or control any repair shop or mechanic designated as a Droom certified inspection location, station or shop or employ any third-party mechanics and, as such, Droom does not guarantee the accuracy of the inspection results. 

Used car buyers and users of this Platform, agree and acknowledge that they will not rely solely on an eco-inspection report in their decision to buy a vehicle. The inspection report is meant to cover certain items, but not all mechanical components of a vehicle. The inspection reports available for the vehicles may not be updated with the latest information about the vehicles and items that may appear acceptable now, may need work or attention shortly after the inspection is completed. Droom is not liable or responsible for any damage to your vehicle caused during the inspection or while your vehicle is in the possession of the mechanic or auto repair shop. Droom provides guidelines on how to perform the 5-segment, 121 points plus mechanical inspection, but other than this, Droom or the Platform has no control or authority over such mechanics. Droom implements procedures to seek out quality mechanics, but does not guarantee the work of any mechanic, as each mechanic operates separately and independently without any control or direct supervision from Droom. These specific Terms of Use also govern these services and the specific T&C’s for Orange Book Value as on https://ecoinspection.in/ .

1. Vehicle History - is a platform that provides users with overall information about vehicle history. With the help of the tool, the users can check vehicle history of any car, bike or scooter and get the vehicle history report and generate a certificate. The certificate generated by History helps you check vehicle history online. This full vehicle history report is very useful for the Buyers as well as Sellers as it helps the users by providing all the details which are crucial while buying or selling a used automobile. It is India’s most comprehensive Car, Bike and Scooter History Tool that let the user know about the background of any used vehicle or the detailed vehicle information. This is the reason why the report is also coined as a vehicle information report. The Vehicle History certificate is completely unbiased and is based on historical data available at various authorized data providers. These specific Terms of Use also govern these services and the specific T&C’s for Orange Book Value as on https://vehiclehistory.in/ .

Used vehicle buyers, sellers and Users of this Platform, agree and acknowledge that the Vehicle History certificate is recommendatory in nature and that Droom will, in no manner be responsible for any losses suffered by the Users/ buyers in any manner. The Users further acknowledge that the purpose of the Vehicle History certificate is solely to keep a Buyer informed about the background history of a used vehicle before buying and they will not rely solely on a Vehicle History certificate in their decision to buy a vehicle.

1. Droom Discovery is a platform that provides the users with all the information related to a vehicle. Droom Discovery offers all kind of information on new cars, bikes and scooters in India. Droom Discovery provides various tools to help you make a more informed decision while buying a new car, bike or scooter. Discovery Tools include On-Road Price, Vehicle Compare, Total Cost of Ownership, Expert Reviews, Auto News, EMI Calculator and many more. You can access the T&C’s for the respective services from here as well on https://droom.in/discovery .

1. Droom Fintech is India's most comprehensive, un-biased and independent way to get instant loans and insurance services. Droom Fintech uses advance algorithms to ensure data security and quick & best financing options. The Terms and Conditions for Loan & insurance are mentioned on the respective pages and shall be deemed to be a part and read with these Terms of Use of Droom.in. You can access the T&C’s for the respective services from here as well on https://droom.in/insurance & https://droom.in/fintech.

1. Droom Velocity: Droom Velocity offer buyers a hassle-free buying experience at their home, with door-step delivery of the vehicle Droom Velocity is a service by Droom to facilitate the last mile delivery service in a hassle-free manner. For safe and convenient online shopping experience, it provides doorstep delivery of vehicle to the customers, RTO, transfer of ownership & documents, and other value-added services online. The details of the services are available at www.droom.in/velocity/ 

1. Quicksell is an auction-based highly efficient trading platform which allows an individual, sellers to use Droom services to sell to 3 Lakh Droom certified auto dealers and millions of shoppers who visit every month. Quicksell allows to create a listing from the comfort of home, offers independent, unbiased, and objective certification for pricing & vehicle history and runs a highly transparent auction which avoids middlemen margin and helps you get paid quickly. Droom only provides a platform for listing the vehicle (weather owned or repossessed) and disclaims any/all liabilities (legal or otherwise) in relation to the vehicles listed on the Droom platform under the Quicksell format. The specific T&Cs listed on the Quicksell listings shall be deemed to be a part of these Terms of Use. 

DISCLAIMERS APPLICABLE TO ABOVE SERVICES

The Services are provided on an “As is Available” basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective employees shall create a warranty or liability of any kind towards the User.  

The Company reserves the right to make additions, deletions, or modification to the Services and its features, any time, without prior notice to its User’s. The Company can in its sole discretion discontinue the Services with or without providing any specific information or notice to any third party thereof and in no event the Company shall be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services and its features.

Notwithstanding the generality of the aforesaid, the Company shall provide the Services in accordance with the terms of use herein. In addition, the Company shall not be responsible towards the User for malfunction or interruptions in the Service caused by the actions of third-party carriers, any authority notifications, government orders or by any other third parties or Force Majeure event. 

The said Services provided herein are for the benefit of the User(s) only and the User(s) shall not pass on these Services as its own services or to any third party for User’s own benefit (monetary or otherwise). The Services are owned and operated by the Company and the User shall not render any rights over the Services so provided by the Company. Non-adherence to this will be deemed to be a major breach by the User and the Company shall be liable to act against the User and any third party involved in such breach at the sole cost and consequences of the User.

1. DROOM ANCILLARY SERVICES

1. Droom Health Services: Droom Germ Shield Service is an antimicrobial transparent coating on the surface of your vehicle, elevators and facilities giving 99.99% germ kill protection. Sanitization for your vehicle, elevators and facilities to make it virus proof using globally proven technology. Proven to be effective against SARS and other droplet-based viruses and is effective up to 3 months. You can refer to the “Germ Shield Buyers Guide” here and can visit our Terms and Conditions for “Droom Germ Shield” on the Droom.in/health page. 

Droom also provide other health related products under its health services on the Platform and You can check them out and buy them here.

DISCLAIMER: PLEASE NOTE THAT THIS ANTI-MICROBIAL TREATMENT SOLUTION (“DROOM HEALTH- GERM SHIELD”) HAS PROVEN EFFECTIVE ON DROPLET-BASED VIRUSES LIKE SARS AND OTHER DROPLET-BASED VIRUSES. DROOM DOES NOT ASSUMES ANY LIABILITY FOR EFFECTIVENESS OR ACCURACY OF THE SERVICES RENDERED BY ANY OF ITS TECHNICIANS / VENDORS AND QUALITY OF THE SERVICES AND ACCURACY OF CLAIMS MADE ARE AT THE SOLE RISK / LIABILITY OF THE TECHNICIANS / VENDORS.

1. Droom Community is an online platform for auto enthusiasts, auto vloggers, to connect with each other and ask and answer questions related to the automotive industry and also share posts related to automobiles, ideas, reviews, start discussions and to connect with other Users on the Droom Community platform. 

If You use the Platform, You shall solely be responsible for the content (“Content”) You post on the Platform and on the Droom community page on the Platform (https://droom.in/community).

The Company will not be liable for the Content You may post on the Platform and on the Droom Community page. Content may include any questions/answers/images/logo’s /links which a User might post on the Platform or the Droom Community portal.

The Company will not be liable for the Content You may post on the Platform and on the Droom Community page. Further, Please note that The Platform and the Company shall not be liable in any manner for the Content You post and in case of any copyright or trademark infringement and the Company has all the rights to remove such Content at its sole discretion if it deems that the Content posted might harm/damage or infringe any third party Intellectual Property Rights and further the Company shall have the right to terminate/suspend Your account on the Platform at its own discretion and further has the right to take any appropriate action against You that it may deem fit. 

Droom Community team shall review and moderate all the Content posted on the Droom Community page and shall approve all Content which in its knowledge and discretion is not infringing any third party intellectual property or copyright. In case of any infringement/ lapses found at any stage even after the Content is posted, the Company has the right to remove such Content, terminate/suspend Your account at its own discretion and pursue legal action or any other appropriate action it deems fit. 

It is acknowledged by You that:-

1. You own the content that you post.
2. You are responsible for the Content that you post. 
3. We do not endorse Content posted by Users on the Droom Community platform or on the Platform. 
4. Once you post an answer to a question on the Droom Community, you may edit or delete your answer at any time from public display. Any edits and changes made by you may be visible to other users. 

IDroom Auto Club is an online platform for auto enthusiasts, OEM’s, auto vloggers, travelers, other auto clubs, enterprise, used automobile dealers, automobile service providers, mechanics, social influencers, banks & NBFC’s to connect with each other and share posts, ideas, reviews, travel stories, new launches, plan meeting and rides, start discussions and to connect with other users on our platform. Droom’s vision for its Auto Club platform is community building among automobile enthusiasts in India and provide a platform for the auto enthusiast’s community to share posts, create and manage discussions, share trip guides, share pictures, obtain help and support from other users in the community, shout outs, plan meetings, rides, events etc. 

1. Droom AI Labs is a service offered by Droom Technology through its Platform Droom.in and has a separate app on the IOS platform for the Droom AI Labs.  Droom AI Labs contains different models built using artificial intelligence and machine learning. These are used throughout the Droom Platform and app to improve the customer journey.

The uses of the different services under the AI LABS service are as follows:

1. License Plate Scanner: This can be used to scan the characters of the license plate of a vehicle, it is integrated in the Droom History app to provide additional details of the car features and background
2. Vehicle Image Scanner: This can be used to scan the image of a vehicle to determine its make and model. It helps instantly identify the vehicle a customer is looking at.
3. Vehicle Damage Scanner: This model is used to assess the condition of a vehicle and the  level of damage on its surface. It indicates the scratches and dents on the vehicles and the severity of each from an image of the car’s outer body
4. Vehicle Part Scanner: This model is used to determine the part of the car that is in an image. 
5. RC Scanner: This is used to scan the important details from the image of an RC certificate.
6. Car Color Detector: This is used to detect the color of the car in an image
7. PAN Card Scanner: This is used to scan the important details from the image of a PAN card.
8. Aadhaar Card Scanner: This is used to scan the important details from the image of an Aadhaar card.
9. Tyre pressure gage scanner: This is used to scan the tyre pressure reading from the image of the tyre pressure gauge.
10. Tyre full/flat detector: This is used to determine whether the tyre is full or flat from the image of the tyre.

This service has been included in the app for direct usage and trail purposes for now only until further terms are updated. AI Labs service for now is only for demo purposes and is not intended for any commercial usage or commercial environment. We are not responsible for inaccurate or incomplete results and cannot be held liable for such errors. 

1. Droom RSS feed: Droom.in RSS feeds are provided free of charge for use by individuals for personal, non-commercial use. This is a free to use service provided by Droom where the User will get the latest auto related news from our RSS feed directly from our Platform “Droom.in”. Attribution to Droom.in must be provided in connection with the use of these feeds. If you provide this attribution in text, please use: "Droom.in". If you provide this attribution with a graphic, please use the Droom.in logo that has been included in the feed. The following feeds are available in our RSS feed from Droom.in following pages which can be updated at any time by Droom without any prior intimation to the User. 

The feeds are available for the following sections

1. https://droom.in/auto-news  =  Auto-News
2. https://droom.in/auto-news/cars =  Auto-news/cars
3. https://droom.in/auto-news/bikes = Auto-news/bikes
4. https://droom.in/auto-news/scooters = Auto-news/scooters
5. https://droom.in/auto-news/hot = Auto-news/hot
6. https://droom.in/expert-reviews/ = Expert-reviews
7. https://droom.in/expert-reviews/cars = Expert-review/cars
8. https://droom.in/expert-reviews/bikes = Expert-review/bikes
9. https://droom.in/expert-reviews/new = Expert-reviews/new
10. https://droom.in/expert-reviews/used = Expert-review/used

How can I use RSS?

Click on the section you are interested in and install a newsreader that displays RSS feeds. A number of free and commercial newsreaders are available for download. Once the RSS reader is set to Droom.in, it will crawl the Platform for the latest headlines.

1. Droom Best Match Subscription: Droom’s Best Match Subscription is a special program through which the buyer gets a curated experience of buying a vehicle and it enables the buyer to submit Requirement, Match and Buy (RMB) the desired vehicle according to his/her specific requirements. This allows the buyer to only see the relevant matches against his/her requirement, and also get assistance from Droom’s auto experts in buying the desired vehicle. A best match goes through all aspects for Buyer Protection by Droom: Verified Seller; Verified Documents; and finally negotiated price; tentative date and time of delivery; 20-30 additional parameters for Buyer Protection. This is done to provide the best buyer experience. You can avail the Buyers Guide and the specific T&C’s for the Droom Best Match Subscription on https://droom.in/req
2. Droom Brand Store is an online store on the Droom.in Platform wherein various automobile brands can list their vehicles and products and sell their vehicles through the Droom Platform. Further, the automobile brands can offer various services such as Test Drive option directly on the Droom Brand Store. 

1. Droom 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 Platform. In addition to helping run a dealership it will allow the dealer to manage listings across different online platforms at one single place.

DISCLAIMERS APPLICABLE TO ABOVE SERVICES

The Services are provided on an “As is Available” basis without warranties of any kind either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective employees shall create a warranty or liability of any kind towards the User.  

The Company reserves the right to make additions, deletions, or modification to the Services and its features, any time, without prior notice to its User’s. The Company can in its sole discretion discontinue the Services with or without providing any specific information or notice to any third party thereof and in no event the Company shall be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services and its features.

Notwithstanding the generality of the aforesaid, the Company shall provide the Services in accordance with the terms of use herein. In addition, the Company shall not be responsible towards the User for malfunction or interruptions in the Service caused by the actions of third-party carriers, any authority notifications, government orders or by any other third parties or Force Majeure event. 

The said Services provided herein are for the benefit of the User(s) only and the User(s) shall not pass on these Services as its own services or to any third party for User’s own benefit (monetary or otherwise). The Services are owned and operated by the Company and the User shall not render any rights over the Services so provided by the Company. Non-adherence to this will be deemed to be a major breach by the User and the Company shall be liable to act against the User and any third party involved in such breach at the sole cost and consequences of the User.

COMMUNICATIONS

When You use the Platform, 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.

ADVERTISEMENTS ON THE PLATFORM

We use third-party advertising companies to serve ads when you visit our Platform. These companies/Platforms may collect and/ or use information (not including your name, address, email address, or telephone number) about your visits to this and other Platforms in order to provide advertisements about goods and services of interest to you. Droom is not responsible for the privacy practices or the content of those linked Platforms nor for any third party to whom we transfer your data in accordance with our Privacy Policy. Droom assumes no responsibility for examining or evaluating the products and services offered by them. Droom do not warrant the offerings of any of these businesses or individuals or the content of such third-party Platform(s). Droom does not endorse, in any way, any third-party Platform(s) or content thereof.

INTELLECTUAL PROPERTY RIGHT

The Users of the Platform shall respect Company’s intellectual property rights including without limitation, patent, copyright, trade/service mark(s), trade names(s), trade secret(s) and logos, websites, source codes, Services owned and operated by the Company ("Intellectual Property/ Intellectual Property Rights") and shall not contest, at any time, the other Party’s right in any Intellectual Property Rights. 

The Users of the Platform agrees not to use or cause to be used the Intellectual Property Rights of the Company in any manner whatsoever other than the agreed means of usage of the Intellectual Property Rights by the Company to the Users in provisioning of the Services.

The Users shall not in any mode or manner use/forward or share the Intellectual Property in any communication to a third party without explicit written permission from the Company. 

The Company shall have the right to indicate to the public through its online portal, website and/or apps to the public that it is an authorised partner of the User. Company agrees that its use of the trademarks, service marks and trade names of the User shall not create in its favor any right, title or interest therein and acknowledges User's exclusive right, title and interest thereto. Company shall delete and stop all such use upon termination of the Services.

The logos, the source codes, designs, layout on/off the Platform are all intellectual property of the Company. The contents/materials posted on the Platform, including images, illustrations, audio clips, and video clips posted by the Company are intellectual property of the Company. 

The Company respects the intellectual property of others. In case, You allege that Your intellectual property has been infringed, You can write to the Company at infringement@droom.in or droom.legal@droom.in in the following manner:-

To,

Grievance Officer, 

Droom Technology Ltd.  

Subject:- Draft Notice of Infringement Complaint

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows: 

1. I am the owner of certain intellectual property rights, said owner being named ___________("IP Owner").
2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing. 
3. I may be contacted at: 

1. Name:- 
2. Title & Company:- 
3. Address:-   
4. E - mail:- 
5. Telephone/Fax:-
6. Date:-

4. I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________ on [date]___________    in [place]________ 

Truthfully,  (Signature) 

We request You to please also provide the following information in Your complaint:-

1. Identification of the material on Our Platform that is claimed to be infringing or to be the subject of infringing activity.
2. Your address, telephone number and e-mail address.
3. In case of Trademark infringement, please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant). 

Important Note: In Your notice of infringement, You shall be required to identify the individual listing which is infringing Your intellectual property. General notices shall not be accepted. We are happy to receive such information but must advise that We may be limited in Our ability to respond to Your request absent formal notice from an authorized rights owner.

DISCLAIMER OF WARRANTIES AND LIABILITY

This Platform, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this site 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 Platform will be constantly available, or available at all; or
2. The information on this Platform is complete, true, accurate or non-misleading.

Droom will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Platform. Droom does not warrant that this Platform; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the products sold on Platform are governed by applicable laws. You will be required and are expected to enter correct and valid personal details such as Your name, address, email address, phone number and other information as required for use of the Services on this Platform. By registering/ providing 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 order or shipment or delivery related updates. Further, Droom does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to affiliates and/or third-party Platforms using Platform's APIs or otherwise.

INDEMNITY

You/User shall indemnify and hold harmless Droom/ Platform, all its products and Services listed on the Platform and in these Terms of Use,  its owner(s), licensee(s), 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 You or any third party or penalty imposed upon Droom or any of its affiliates, subsidiaries, partners, employees 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 Platform, product(s) or Services of Droom or of any 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, PLATFORM’S SERVICES AND CONTENT EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

SEVERABILITY

Any provision of these Terms of Use that is found to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining portions hereof.

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to trademark/ copyright infringement) regarding this Platform by electronic or written communication at the address provided in the Contact Us section of this Platform. If you have any concern about privacy or grievances with the Platform or any of its content or to report any abuse of laws or breach of the Privacy Policy and Terms of Use, please contact the grievance officer, details of whom are listed below with a thorough description of such concerns/ issues faced by you and we will try to resolve the issue for you.

DISPUTE RESOLUTION & JURISDICTION 

Generally, transactions are conducted smoothly on Droom. However, there may be some cases where the Users of the Platform may face issue(s). At Droom, we have a Dispute Resolution process in order to resolve the disputes.

Droom Market Place:- Whenever there is a disagreement, the Buyer/Seller can write to support@droom.in, in order to raise a dispute. Disputes can be raised at a particular transaction level. Buyer(s) can also raise a dispute through ‘My account section’ by logging in to their account. Seller(s) can also raise a dispute through ‘Store manager section’ by logging in to their account.

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Droom will try to mediate and resolve the dispute between the parties thereto. If the dispute is resolved in favour of the Buyer, a refund will be provided to the Buyer upon the receipt of the product back to the Seller. If the dispute is settled in favour of the Seller, Buyer shall not be entitled to any refund. The resolution provided herein by Droom shall be final and binding on the Buyer(s) and Seller(s).

Droom Cloud Service (DCS):- The Users can write to cloud@droom.in and in case of SME’s sme@droom.in for the services offered under DCS on the Platform, to raise a dispute. Disputes can be raised at a particular transaction level. 

Droom Eco System Services:- The Users can write support@droom.in  for the services offered under DES on the Platform, to raise a dispute. Disputes can be raised at a particular transaction level. 

Droom Ancillary Services (DAS):- The Users can write support@droom.in  for the services offered under DAS on the Platform, to raise a dispute. Disputes can be raised at a particular transaction level.

APPLICABLE LAW & JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. 

In case either party feels that the dispute(s) raised as per the Dispute Resolution clause, above is not resolved to the satisfaction of the Parties, either party shall have the right to approach the court(s) and the courts at Gurugram shall have exclusive jurisdiction in respect to the matters thereof. 

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under in case you have any grievances about the use of this Platform / any of the policies for use / availing the services on the Platform, you may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below:

Mr. Sunil Kumar 

Plot No. 77-A, Building - 1, Iffco Road, Sector 18, Gurgaon - 122015, Haryana -India. 

Time: Mon to Sat (10:00 to 19:00) 

Email: support@droom.in