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.
Users making a purchase on the Website shall be referred to as the “Buyer” and Users selling their products by listing them on the Website shall be referred to as the “Seller”.
Use of the Website 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Droom reserves the right to terminate your membership and / or refuse to provide you with access to the Website 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
CONTENT ON Droom Comminuty
If You use the Website, You shall solely be responsible for the content (“Content”) You post on the Website and on the Droom community page on the Website. The Company will not be liable for the Content You may post on the Website and on the Droom Community page. Content may include any questions/answers/images/logo’s /links which a User might post on the Website or the Droom Community portal.
The Company will not be liable for the Content You may post on the Website and on the Droom Community page. Further, Please note that The Website 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 it’s sole discretion if it deems that the Content posted might harm/damage or infringe any 3rd party Intellectual Property Rights and further the Company shall have the right to terminate/suspend Your account on the Website at it’s 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 it’s knowledge and discretion is not infringing any 3rd 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 it’s own discretion and pursue legal action or any other appropriate action it deems fit.
It is acknowledged by You that:-
- You own the content that you post
- You are responsible for the Content that you post.
- We do not endorse Content posted by Users on the Droom Community platform or on the Website.
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.
LICENSE FOR THE CONTENT POSTED ON THE WEBSITE
By submitting, posting, or displaying your Content on the website 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 Website or the Droom community platform. The right is perpetual and irrevocable, to the maximum extent permitted by law.
When You use the Website, or send emails or other data, information or communication to Us and provide Your information required for availing the Services, You agree and understand that You are communicating with Us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMSs from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website 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 Website or the Content posted on the Droom Community platform shall in no matter be held responsible for any opinion expressed, review made by any of the Users on this Website and/ or is not and cannot be a party to or control in any manner any transaction between the Website and the Users.
NO ENDORSEMENTS OR VERIFICATION
Please note that the Website 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 Website 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 Website or on the Droom Community platform by anyone.
- 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.
- Droom does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Droom does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Droom accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Droom is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Droom cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Droom shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- Droom does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- Droom does not at any point of time during any transaction between Buyer and Seller on the Website 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.
- 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 into between Buyers and Sellers. Droom is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website 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.
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 it’s health services on the Website 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.
DROOM DOES NOT GUARANTEE ANY POST SERVICE EFFICACY AFTER THE USE OF THE SERVICES IN CASE HIGH-PRESSURE CLEANING EQUIPMENT, SHAMPOO, POLISH ARE USED FOR CLEANING THE VEHICLE, FACILITY OR ELEVATORS WHERE THE SERVICE HAS BEEN PROVIDED BY DROOM. FURTHER, DROOM DOES NOT WARRANT OR GUARANTEE THAT AFTER THE SERVICE, YOU OR YOUR VEHICLE, FACILITY, OR ELEVATORS WILL BE FREE FROM ALL VIRUSES AND DROOM WILL NOT BE LIABLE OR HELD LIABLE IN CASE YOU OR ANY OF YOUR RELATIVES/COLLEAGUES/NEIGHBORS/KNOWN PERSONS ARE INFECTED OR SHOW SIGNS ANY DISEASE POST THE SERVICE.
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 Website, 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.
ORANGE BOOK VALUE REPORTS ARE NOT A WARRANTY OR GUARANTEE ON THE VEHICLE/ MOBILE PHONE. NEITHER DROOM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE/ MOBILE PHONE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE/ MOBILE PHONE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION/OPINION IN A ORANGE BOOK VALUE REPORT.
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 inspection results.
Used car buyers and users of this website, 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 Website 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.
ECO INSPECTION REPORTS ARE NOT A WARRANTY OR GUARANTEE ON THE VEHICLE. NEITHER DROOM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN A ECO INSPECTION REPORT.
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.
VEHICLE HISTORY CERTIFICATES ARE NOT A WARRANTY OR GUARANTEE ON THE VEHICLE. NEITHER DROOM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION/OPINION IN A VEHICLE HISTORY CERTIFICATE.
- Used vehicle buyers, sellers and Users of this Website, 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.
- Droom Communityis 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
IN NO EVENT SHALL DROOM 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 OUR DROOM COMMUNITY AND THE CONTENT POSTED ON THE PAGE. DROOM RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATION TO THE CONTENTS AND FEATURES AT ANY TIME WITHOUT PRIOR NOTICE TO ITS USER’S.
- Droom Auto Clubis 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.
IN NO EVENT SHALL DROOM 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 OUR DROOM AUTO CLUB AND THE CONTENT POSTED ON THE BLOG. DROOM RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATION TO THE CONTENTS AND FEATURES AT ANY TIME WITHOUT PRIOR NOTICE TO ITS USER’S.
- 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 website. In addition to helping run a dealership it will allow the dealer to manage listings across different online platforms at one single place
- 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.
- Droom Credit is India's most comprehensive, unbiased and independent way to get instant loans. Droom Credit uses advance algorithms to ensure data security and quick & best financing options.
- 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.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
- You/ Users of the Website 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 Website 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 Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
- 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.
Membership on the Website is free for buyers. Droom does not charge any fee for browsing and/ or buying/ transacting on the Website. 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 Website. In such an event Droom reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You/ Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to Droom, wherever applicable.
USE OF THE WEBSITE
You/ Users agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which You do not have any right to;
- 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;
- Is misleading in any way;
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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];
- 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;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Contains video, photographs, or images of another person (with a minor or an adult).
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- p. Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
- Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- Harm minors in any way;
- 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;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programing routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defense, 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.
The User of this Website is required to ensure and undertakes that the information provided on this Website or any actions of the User(s) on this Website shall:
- not be false, inaccurate or misleading;
- 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;
- 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;
- 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 Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity;
- not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
- not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website;
- 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 Website or Droom's systems or networks, or any systems or networks connected to Droom;
- not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- 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 Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
- 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 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.
- 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.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, 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 Website.
- It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website 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 Website, 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 Website 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 Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Droom shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CONTENTS POSTED ON WEBSITE:
A.) THIRD PARTY CONTENT:
B.) USER GENERATED CONTENT:
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. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
• Report offensive Display Names
• Report offensive language in a listing or therwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website 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:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension
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:
- Threats of Bodily Harm - Droom does not permit Users to send explicit threats of bodily harm.
- Misuse of Droom System - Droom allows Users to facilitate transactions through the Droom system but will investigate any misuse of this Service.
- 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.
- 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.
- Offers to Buy or Sell Outside of Droom - Droom prohibits email offers to buy or sell listed products outside of the Droom Website. 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
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this 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:
This Website will be constantly available, or available at all; or
The information on this Website 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 Website. Droom does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website 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 Website. 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 Website, which are linked to affiliates and/or third-party websites using Website's APIs or otherwise.
ADVERTISEMENTS ON THE WEBSITE
The listing description of the item must be correct, authentic, should not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, 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 Website. 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 Website, 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.
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 minimum 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 and Seller Protection section for refund or payment of Token Amount.
While availing any of the payment method/s available on the Website, 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:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases/Services on Website by You shall compulsorily be in Indian Rupees acceptable in the Republic of India. Droom/ Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
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
- 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.
- 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.
- Any offers/coupons/deals cannot be combined with other offer/coupons/deals.
- Limited quantity is available until sold.
- Droom reserves the right to cancel any order and refund the Token Amount without notification or explanation.
- Only one order is allowed per registered User under any promotion.
- 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.
- Offers/coupons/deals can end anytime without prior notice.
- Droom does not take any responsibility of the item condition, authenticity or validity of documents.
- Transaction is considered closed after the Buyer pays the Seller and receives delivery of the product.
- Any item will not be shipped unless mentioned explicitly otherwise.
- 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.
- 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.
In case of transaction of vehicles, the following further conditions will be applicable:
- a. Buyer and Seller are responsible to follow all the rules and regulations prescribed by RTO.
- b. Buyer and Seller will be responsible for any vehicle insurance required by law.
- c. All additional costs involved for transferring, registration and other services will be borne by the Buyer.
Droom Plus Subscription
You shall have the option to subscribe to the subscription packages offered on our Website. You shall have the option of subscribing to one of the two subscriptions mentioned herein:
a. Basic Subscription: Under this subscription, once the user has shortlisted a vehicle, the user shall have the option of speaking with the Seller and purchase the vehicle. The user can only speak with Sellers with upto 3 listings under this subscription offer. This subscription will be provided free of cost.
b. Droom Plus Subscription: The User shall be offered two types of Droom Plus Subscription. These subscriptions will be on chargeable basis
1) 1-month Droom Plus Subscription for 4-wheelers,
Cost: INR 2000
1-month Droom Plus Subscription for 2-wheelers,
Cost: INR 1000
Option of speaking with multiple sellers: Unlimited
2) 3-months Droom Plus Subscription for 4-wheelers,
Cost: INR 2499
3-months Droom Plus Subscription for 2-wheelers,
Cost: INR 1299
Option of speaking with multiple sellers: Unlimited
It shall be the discretion of the User to choose the subscription offer more suitable to his/her needs.
General terms and conditions for Subscription program:
a) There shall be no refund for Droom Plus Subscription under any circumstances.
b) Droom shall not take the responsibility or guarantee for purchase or any transaction taking place between the user and the seller of the vehicle.
c) Droom shall not take any responsibility of any guarantee or promise of transaction made by the Seller with the buyer during chat etc.
d) Droom shall not be responsible nor shall entertain any disputes, complaints or grievance in case any lewd comments, images, videos etc are shared between the Buyer and the Seller.
e) Droom shall not be a party nor be a facilitator of any kind of chat or communication taking place between seller and buyer.
f) Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
g) Offers and pricing for subscriptions, the subscription services, the extent of available Subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section ____ below. The pricing for subscriptions or memberships may include GST or other taxes.
Vehicle should not be driven and exceed for more than 15,000 km/year over the life of the vehicle. Maximum eligibility age of vehicle for Exchange program is 5 years for 4-wheelers and 3 years for 2-wheelers.
The individual’s name registered at purchase and sale of vehicle should match with the registration details of the vehicle at the time of participating in the Exchange Program.
- Commercial vehicles are not eligible to participate in this program.
OBV Exchange guaranteed price will be a function of various vehicle related factors- make, model, supply, demand, condition, price. Droom reserves the right to alter this price at any point without any prior intimation. Droom will take commission on every sale of each vehicle in accordance with the prevailing take rate policy.
Droom reserves the right to alter the exchange guaranteed price in accordance with the ECO inspection report, Droom`s proprietary report for assessing the health of the vehicle.
ECO inspection is mandatory and will be conducted by Droom at its own expenses.
Vehicle should not have been blacklisted by police or should not have a theft history associated with any of the authority or records.
At the time of exercising the Exchange Program, the vehicle should be clear from all legal obligations.
- Droom will not be liable to pay any amount more than the mentioned Exchange Guaranteed Price in any circumstances.
- If the vehicle could not be sold within the stipulated number of days by Droom, customer will be intimated for the same. Once intimated, order will be cancelled or extended for sale on Droom.
- Droom will not be liable for vehicle RC transfer and it will be solely responsibility of buyer and seller.
- All disputes/differences regarding claim settlement, arising for whatsoever reason shall be subject to jurisdiction of Delhi courts only.
- The decision of Droom is final and binding and no correspondence will be entertained.
- Droom assumes no liability or responsibility whatsoever in respect to any action regarding exchange programme.
- 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.
- Any dealer/ Seller found abusing/misusing the Droom platform or promotions will be suspended and may face legal action.
- Any Seller caught violating Droom policy(s) will be suspended for 3 weeks and all their payments will be put on hold. If a Seller is suspended more than 3 times they will permanently banned from selling at Droom.
- Any vehicle submitted for promotions must be held for specified duration.
- 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.
- 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.
- Sellers need to submit a copy of a cancelled cheque to Droom as proof of their bank account at the time of on boarding.
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".
- 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 Website.
- 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 Website 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.
PAYMENT FACILITY FOR BUYERS:
- 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.
- You, as a Buyer, shall electronically notify the payment facility using the appropriate Droom Website 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.
- 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 Website features within the stipulated time than this would make You ineligible for a refund.
- 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.
- 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.
- Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
- 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).
- Refund shall be conditional and shall be with recourse available to Droom in case of any misuse by Buyer.
- 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.
- 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.
- 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.
- 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.
- 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.
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 Website.
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.
DISPUTES VIA CHARGEBACK
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
- Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies.
- Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller.
- Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
BUYER PROTECTION AND SELLER 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 Website 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. 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.
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, then Droom may while reserving its rights to initiate civil and/or criminal proceedings against member 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 program or availing any other remedy through the 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.
The buyer surety program includes:
- Free Comprehensive Warranty on Used Vehicles (parts mentioned in the TnC document)
- Up to Rs. 50 Lacs Coverage on eligible four-wheelers (issued from IFFCO-TOKIO)
- Up to Rs. 20 Lacs Coverage on eligible two-wheelers (issued from IFFCO-TOKIO)
- Valid for 6 Months post Date of Delivery of the big asset
Pre-Conditions for buyer surety
- Eligibility is restricted to vehicles below 7 years old and 1,00,000 Kms
- Vehicles used for, taxi, rent-a-car, hire and commercial purposes are excluded
- Warranty repair only at dealer or ITGI authorized Service Centre
- Pre-warranty inspection is optional. ECO test is not required for eligibility criteria.
To refer to the terms and conditions of the buyer surety program, click below:
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 item, reason being that the product 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 product, Droom can provide the refund of Token Amount to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
Droom is a platform so that buyer and seller can exchange information and Droom does not take any responsibilities for return or replacement of any products transacted on Droom's platform. Seller(s) can always accept the return irrespective of the policy. In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
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 and/ or Services.
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 seeking return/ replacement of any product 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.
DISPUTES (RESOLUTIONS) POLICY
Generally, transactions are conducted smoothly on Droom. However, there may be some cases where both the Buyers and Sellers may face issues. At Droom, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
HOW DOES A 'DISPUTE' OCCUR IN THE MARKETPLACE?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
HOW IS A 'DISPUTE' CREATED?
Whenever there is a disagreement, the Buyer can write to email@example.com, while the Seller can write to seller firstname.lastname@example.org, 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.
WHAT ARE THE VARIOUS TYPES OF 'DISPUTES'?
Following are the indicative examples of potential disputes:
- Item Not as described
- Damaged Product
- Part/Accessory missing
- Seller Description/Specification Wrong
- Defective (Functional issues)
- Product not working and Manufacturer claims invalid Invoice
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 both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund. Final resolution provided by Droom after taking into consideration all facts and proofs shall be final and binding on Buyer(s) and Seller(s).
BUYER PROTECTION PROGRAM
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.
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 email@example.com 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 Website. 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.
BUYER ELIGIBILITY AND RESTRICTIONS
- Only the Buyers who have purchased the product on Droom are eligible for the Buyer Protection Program.
- 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.
- 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 firstname.lastname@example.org
- Fraudulent charges and claims are not covered under Buyer Protection Program.
- If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program.
- Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
- Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 1 claims per year on Droom. If the claim was withdrawn, it is not counted.
- Through the Buyer Protection program, Droom does not provide any guarantee/warranty to Buyers for products sold on Droom against technical/manufacturing defects.
- 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.
- 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.
- 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.
- 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.
- Decisions made by Droom under the Buyer Protection Program shall be final and binding on its Users.
- Droom reserves the right to modify/discontinue Buyer Protection Program without any prior notice period to its Users.
- Droom Customer Support Team/ Dsipute 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.
DROOM Order Abandonment Policy
The buyer/seller while purchasing/selling any vehicle or any other services offered on Droom shall ensure that he/she completes the order(s) on Droom.in (Hereinafter referred to as the “Website”). If for any reason whatsoever, the buyer/seller is unable to complete the order(s) on the website within a period of 365 days (Hereinafter referred to as the “Time period”), the order(s) shall be deemed to be abandoned and further, the buyer/seller will not be able to complete the said order(s) on the Website.
The Website or Droom (Also referred as the “Company”) shall not be liable for any refund, cancelation or completion of the order after the said Time Period. The buyer/seller shall solely be responsible for any loss incurred by him/her after the said Time Period has elapsed. Nothing will prompt the Company or the Website to refund or complete the order(s) after the said Time Period has elapsed.
To avoid such situations, the Company shall make sufficient efforts to prompt the buyer to complete his/her transaction by prompting through emails and SMS’s within the said Time Period but after the said Time period elapses, the Company will solely have the right to act upon and terminate the order(s) in question.
To prompt action on the order(s), Droom shall send Emails and SMS’s to the buyer on specific intervals during the Time Period. The communication to the buyer will be sent in specific intervals of 30,60,90,180, and 270 days. Thereafter if there is no action from the buyer’s/seller’s end on the completion of the order(s), the order(s) shall be deemed as “Abandoned order”.
Droom will not be bound to process refund to the buyer or pay-out to the seller in case the order(s) is marked “Abandoned order”
The order(s) which are not completed within the said Time Period shall be marked as “Abandoned order” and the buyer/seller will not be able to take further action on the order(s) and Droom shall not be responsible for any further loss/damages to the buyer/seller.
All categories of vehicle orders shall be eligible to be marked as “Abandoned order” if they are not completed within the specific Time Period of 365 days.
This policy does not cover completed, settled or refunded (Refund request initiated) orders.
Droom’s management reserves the right to amend/ modify or cancel the said Policy at its own discretion. Further, Droom’s management reserves the right to override this policy as and when it deems fit.
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 Website 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.
Generic Miles: These are the miles that User(s) purchase through their “My Account” page on the Website by adding money. These miles can be redeemed against any transaction on the Website and/ or Droom’s online platforms. These miles are valid for 3 years from the date of purchase.
Specific Miles: There are multiple types of Specific miles, which can be redeemed against specific transactions on the Website 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.
Purchase of Droom Miles: You can Purchase Droom Miles using any of the pre-paid payment options only.
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 Website) 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 as a result of such transaction will be deducted from the miles balance.
You will be able to hold up to an amount of10,000 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 will 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.
Refer and Earn
- Droom ‘Refer and Earn’ program is only valid for new referral sign ups on Droom ‘s online platform.
- Droom Refer and Earn is a promotional activity by Droom on its online platform
- Droom 'Refer and Earn' is the referral program. Under this program, If you refer your friend, then you are termed as 'Referrer' and the friend which you have referred is termed as 'Referee'.
- Droom Miles (Droom’s proprietary points system) are credited in both your and referee’s account when you refer a person (referee) if the following conditions are fulfilled:-
- Referee signs-up and verifies her/his phone number.
- Referee transacts on Droom's online platform for the first time.
- One Droom Mile is equivalent to one Indian Rupee (₹ 1/-).
- Droom Miles is a proprietary points system of Droom and can only be used on Droom’s online platform.
- Droom Miles will not be credited if the mobile number provided by the Referee to receive the OTP must not have been used to sign up earlier.
- The mobile number provided by the friend to receive the OTP must be an Indian mobile number as this program is not valid for users based out of India.
- Droom Miles which are rewarded to both referrer and referee, are promotional balance (which is credited by us purely for promotional or goodwill purposes). This promotional balance added to the Wallet will be non-refundable and is valid for a period 6 months from the date on which the Referee transacts on Droom’s online platform.
- Droom shall solely determine, from time to time, at its discretion, which referrers are eligible for inclusion and exclusion of the referral program and how many miles to be earned and on what basis. In case of a reversal of any eligible referral, Droom Miles credited to the account as a result of such referral will be deducted from the miles balance.
- One user can earn up to maximum of 10,000 Droom Miles from this referral program. After this Droom’s system will allow you to refer friends but corresponding miles benefit will not be added. No interest will be payable on rewarded Droom Miles. You are not permitted to: (a) transfer rewarded Droom Miles to your bank account, (b) purchase any pre-paid payment instruments using rewarded Droom Miles, (c) withdraw rewarded Droom Miles in cash, or (d) transfer or assign rewarded Droom Miles or any benefits associated with Droom Miles.
- You might not be allowed to make 100% payment through rewarded miles. Only a fixed percentage of rewarded miles can be used for your transactions. This fixed percentage depends on the category of the product you are purchasing and could vary 0%-100%. Droom reserves its right, in its sole discretion and without any written or verbal notice to you, to impose and/or revise percentage usage on category basis in relation to the use of your rewarded Droom Miles.
- Your unique referral link should only be used for personal and non-commercial purposes. You cannot distribute/publish your unique referral link where there is no reasonable basis for believing that most of the recipients are personal friends (such as coupon websites, forums, Wikipedia etc.)
- Droom solely reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the terms and conditions section.
- Droom may suspend or discontinue your access / use of referral program or your use of rewarded 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.
- This Refer & Earn offer can end anytime with or without prior notice at the discretion of the Droom and any or all decisions pertaining to the offer shall be final and binding
- Droom disclaims all liability in reference to this promotional activity and shall not be responsible for any breach or for any loss or damage arising in connection with this offer. Any disputes arising out of this referral program shall be referred to the courts of Gurugram.
- In no event will Droom be liable for any spamming activity by the referrer, any special, incidental, indirect or consequential damages or losses of any kind, arising from the misuse of Droom Referral program by Referrer or association with the Droom Referral program. The user shall indemnify Droom for all losses/damages incurred in connection with any fraudulent, suspicious, spamming activity by the user in regards to this promotional activity.
- Droom reserves right to send 5 reminder emails or SMS, if referrer has shared any email or Mobile number with us in Referral program.
Droom Bug Bounty Program
The Droom Bug Bounty Program (“Program”) is a program organized by Droom Technology Private Limited (“Droom”/ “we”/ “us”/ “our”). Droom is committed to security of data and technology. We reward reporters ( referred as “Submitter(s)”/ “you”/ “your”) for the responsible disclosure of in-scope issues and exploitation techniques and / or for any potential threat including for reporting bugs, especially those pertaining to exploits and vulnerabilities.
If you discover a bug, we appreciate your cooperation in responsibly investigating and reporting it to us so that we can address it as soon as possible.
Rewards for Submitters:
- The Program offers bounties/rewards for security software bugs which meet the following criteria:
- The bug has a direct security impact and falls under one of our Vulnerability Categories listed below.
- The minimum reward for eligible bugs is 1000 INR, Bounty amounts are not negotiable and can be changed any time, at the sole discretion of Droom.
- One (1) valid bug equals to one (1) reward.
- Multiple submissions over time can be eligible for “Hall of Fame” or a digital certificate.
- In situations where a bug does not warrant a bounty/reward, we may at our own discretion and decision of Droom, issue a digital certificate. Our certification process is multi-leveled:
- Our “Hall of Fame” page recognizes the contributions of reporters who have demonstrated a high level of dedication to our Program.
- Acceptance of the bounty(s) requires multiple valid reports and remains at the discretion of our team.
- Eligibility for bounty/rewards and bounty/reward amount is at the sole discretion of Droom.
- You are responsible for all/ any taxes associated with and imposed on any bounty/rewards you may receive in connection with your submission.
Eligibility for Submitters:
- You must be the first to report the issue to us. In case of a duplicate submission, you will be intimated/ communicated over email.
- Your submission must pertain to an item explicitly listed under Vulnerability Categories.
- Your submission must contain sufficient information including a proof of concept screenshot, video, or code snippet where needed.
- You agree to participate in testing the effectiveness of the countermeasure applied to your report.
- You agree to keep any communication with Droom private and confidential.
|# Vulnerability Type
|1. Cross-Site Request Forgery **
||** On sensitive actions
|2. Cross-Site Scripting **
||** Self-XSS is out of scope
|3. Remote Code Execution
|4. SQL injections
|5. Server Side Request Forgery
|6. Privilege Escalation
|7. Local File Inclusion
|8. Remote File Inclusion
|9. Leakage of Sensitive Data
|10. Authentication Bypass
|11. Directory Traversal
|12. Payment Manipulation
|13. Open Redirects **
||** Which allow stealing secrets/tokens
We will pay up to 4 times more for vulnerabilities which would ultimately result in data leakages, authentication bypasses, code execution or payment manipulations. The bounty /reward amount to be given in such cases is at the sole discretion of Droom and cannot be challenged by the Submitter in any court of law.
Rules for Submitters under the Program:
- Don't violate the privacy of other users, destroy data, disrupt our services, etc.
- Don't request updates on an hourly basis. We are handling dozens of reports daily and spam impacts the Program’s efficiency. In case of violation of this rule, Droom may at it’s sole discretion impose a ban on you for the time period Droom may deem fit.
- Only target your own accounts in the process of investigating any bugs/findings. Don't target, attempt to access, or otherwise disrupt the accounts of other users without the express permission of our team.
- Don't target our physical security measures, or attempt to use social engineering, spam, distributed denial of service (DDOS) attacks, etc.
- In case you find a severe vulnerability that allows system access, you must not proceed further. If you inadvertently access customer, employee, or business related information during your testing, you must immediately notify Droom and the information must not be used, disclosed, stored, or recorded in any way. Inadvertent access of the data must be declared within your submission. If we find out that you have system access or access to any confidential information of Droom and the same is not disclosed in your submissions, Droom will take severe legal action against you at it’s own discretion at your expense only.
- It is Droom’s decision to determine when and how bugs should be addressed and fixed and the decision shall be final and binding on the submitter as well
- Disclosing bugs to a party other than Droom is forbidden, all bug submissions are to remain at the submitter and Droom’s discretion. If we get to know that the bug(s) have been disclosed to any third party/person other than Droom, Droom will take severe legal action against you at it’s own discretion and at your expense only.
- Threatening of any kind will automatically disqualify you from participating in the Program.
- Exploiting or misusing the vulnerability for your own or others' benefit will automatically disqualify the submission.
- Bug disclosure communications with Droom’s security team are to remain private and confidential.
- You must destroy all artifacts created to document vulnerabilities (POC code, videos, screenshots) after the bug report is closed.
- Your testing activities must not negatively impact Droom. In case Droom determines that your testing activity is negatively impacting Droom, Droom may at it’s sole discretion impose a ban on you for the time period Droom may deem fit and shall also have the right to take legal action against you at your own cost.
Program Terms and Conditions
- By submitting information about a potential vulnerability, you agree to all the Program T&C’s and grant Droom a worldwide, royalty-free, non-exclusive license to use your submission in any which way Droom wishes.
- Droom reserves the right to cancel the Program without providing any explanation/reasons whatsoever.
- Droom shall not be responsible to any submitter for any breach of contract or for any loss or damage arising in connection with this Program.
- Droom reserves the right to make changes to the terms and conditions governing the Program at any time without prior notification and reserves the right to end this Program without any prior notice.
- In all circumstances, the decision of Droom is final and binding.
- The Program may be amended or modified any time without notice in Droom’s sole and absolute discretion.
- If any portion of the Program is found to be illegal or unenforceable, It will not affect the rest of the terms and conditions of the Program and the rest shall be enforceable.
- The terms and conditions of this Program are governed by Indian laws and any dispute shall be submitted to the exclusive jurisdiction of courts at Gurugram.
PAYTM UPI CASHBACK OFFER
- This offer is organized by PAYTM for Droom buyers only on Droom’s website www.droom.in (hereinafter “Website”), Droom Mobile App and M-site
- All disputes relating to this promotion/offer or are subject to exclusive jurisdiction of Delhi courts
- PAYTM reserves the right to discontinue the offer or update the offer condition without any prior notice. In such a scenario, Droom will not be liable to any compensation towards a buyer.
- This promotional offer is run by PAYTM for Droom customers and Droom disclaims any or all liabilities towards the customers regarding the offer.
- The offer will only be valid when the order placed by user on Droom.in is confirmed to be delivered to the user.
- If Droom order is refunded, then buyer is not eligible for the cashback offer and PAYTM will reserve right to debit the amount equivalent to cashback.
- Minimum amount of each transaction should be ₹ 2999/-
- 1 Transaction per day will be counted in the offer
- Offer can be availed 1 time during the campaign validity
- Offer is valid only on making payment on Droom using Paytm UPI in checkout page
- Buyer’s UPI virtual payment address (vpa) used for making the payment, should be linked with same mobile number, with which buyer’s Paytm account is linked
- Buyer will get the cashback in his Paytm account
- On your first transaction, the offer will be unlocked. You need to activate he offer within 30 days to participate in it
- You need to complete 2 payments within 30 days to earn Up to ₹ 1150 cashback
- Each reward will be received within 48 hours of completion of the transaction on which the reward is eligible
- If you have not completed your KYC, or have breached your monthly wallet limit, instead of cashback you will receive Goldback (inclusive of 3% of GST)
- In case of fraudulent/ suspicious transactions, Paytm solely reserves the right to revoke the Cashback/Goldback offer and the eligibility of the merchant in the offer
How to Avail Cashback:
- Log into https://droom.in or download the DROOM app.
- Make the payment of minimum amount of ₹2999/- using Paytm UPI option
- Mobile number linked with your UPI Virtual Payment address should be same as that of your PAYTM account
- You will get cashback in your Paytm app
- Open Paytm app and click on Cashback icon on Top-Right corner
- In New Offer tab, select Paytm UPI Offers
- In Paytm UPI Offers, Select Droom Cashback Offer and click on Activate Offer
- Within 48 hrs, Cashback will be credited to buyers account and buyer will be intimated via SMS.
- Cashback details can be seen from ‘My Offers’ section-> Droom Cashback Cashback Balance
- Please Reach out Paytm Customer care in case of any query or concern
DROOM AD PACKAGES
Droom Technology Private Limited is 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, Ground Floor, Iffco Road, Sector 18, Gurugram, Haryana-122015 ( Hereinafter referred to as “Droom”/“Company”/ “Us”/ “We”/ “Our”)
The below mentioned Terms and Conditions (Hereinafter referred as “T&C’s” or “Terms & Conditions”) govern the understanding between the Company and the Client (Hereinafter referred as “You”/ “Client”/ “Your”)
The Company and the Client are hereinafter referred as Parties and individually as Party or by the connotations given to them above)
Commencement of Service & Timeline:
The terms set out in these T&C’s govern the understanding We enter with You . Purchasing any of the packages (hereinafter referred as “Packages”) listed on the Website indicates Your acceptance to these T&C’s. After a Package is purchased from the Website, the commencement of the services shall takes place within on or before 10 working days from the day of payment and the marketing material provided by the Client which shall be free from all encumbrances and third party liabilities. Services will not be deemed to commence till the time, the marketing material is provided by the Client. If after the expiry of the 10 days time period, the Client does not provide the marketing material to Droom, Droom reserves its right to cancel the services and the Package and shall not be liable to refund any monies to the Client.
Mode of Payment:
The Client shall pay online through the various modes of payment offered on the Website for the Package the Client choses.
- Once the Package is purchased by You and the services have commenced, We are not liable to refund any amount back to You.
- Refunds can be provided under the following circumstances:
- In cases where Droom hasn’t been able to deliver the required service purchased by the Client in the stipulated time, after deduction of service charges.
- Refunds can also be provided after deduction of applicable service charges in cases where the Client has purchased the Package and the services have been initiated by the Company within the 10 days time period provided in Clause 1. Once the time period of 10 days has elapsed, the Company will not be liable to refund any amount back to You. You will be required to write an email to email@example.com in case You require to discontinue with the services, You will have to inform the Company within 3 working days from the date of purchasing a Package. After the time period of three (03) days has elapsed, You cannot cancel the Package bought from the Website.
- In case the Company after initiation / commencement of the Services, decides to discontinue with the services. In such cases, only a part of the payment shall be refunded after deduction of service charges and charges for creative developed by Droom.
- The Company owns the sole right to reject You for providing it’s services if the Company finds out any encumbrances in the marketing material provided by You or if the marketing material has a conflict of interest with any ongoing business of the Company at any given point of time before or during the services being provided by the Company. In that case, refund will be initiated by the Company after deducting applicable services charges.
If the Company provides You with a discount coupon for availing the Packages listed on the Website, each coupon can be availed only once per user on the Package the coupon code is intended for. No additional discounts will be provided by the Company to You.
You cannot club the promotion of two different brands in one Package. A single Package can be purchased and availed for only one brand. In case a Client wants to avail the same service for more than one brand, the Client would be required to purchase another Package for the separate brand.
All/any marketing materials such as blogs, articles, and any other necessary documents/ marketing material shall be provided by the Client to the Company, to be improvised upon and marketed on the Website. The Company owns the sole right to reject You for providing it’s services if the Company finds out any encumbrances in the marketing material/content provided by You or if the marketing material has a conflict of interest with any ongoing business of the Company at any given point of time before or during the services being provided by the Company.
Third Party Liability:
It is agreed by the Client that the marketing material provided by the Client which shall be free from all encumbrances and third-party liabilities. Any liabilities regarding the same shall solely be borne by the Client and the Company shall not be responsible in any manner for any legal issues arising out of the same.
Cancellation is not permitted once the services have been initiated by the Company. In case You want to cancel your Package, You will have to write an email to firstname.lastname@example.org before the services are initiated by the Company, which will happen only when You provide with the deliverables and the marketing material to the Company for the promotion. In case of cancellation of any Package before the commencement of services by the Company, You will have to inform the Company within three working days from the date of purchasing a Package. (“Cancellation Period”). After the Cancellation Period has elapsed, You cannot cancel the Package bought from the Website.
Performance of Services:
- Droom shall provide the Packages services to You in accordance with the creative brief and these terms in all material aspects
- Upon commencement of service, Droom shall prepare the final creative starting from the initialization process
- After the final creative has been prepared, it shall be sent to you for approval before we post it anywhere on the social or digital media platforms
- If You wish to make amendments in the final creative prepared by the Company according to the Package, You need to intimate the Company on the same day in writing. Once the creative is published, You will not be entitled to change or cancel the Package or reclaim a refund.
- If the nature of the services are such that we consider it is appropriate to provide you with an estimate of any phases, performance milestones or completion dates for the service, please note that these dates shall be estimates only and time shall not be the essence of performance of the services or the completion of deliverables.
- After the services have commenced on social and digital media, a weekly report shall be sent to you to analyze the performance in terms of clicks, impressions, leads and more.
- It is the Client’s responsibility to ensure that content contained in the marketing material and also the final creative does not infringe the Intellectual Property Rights or Trademarks of any third party.
Intellectual Property Rights:
- Before using any of our services in any manner, it is always the Client’s responsibility to ensure that all marketing material and content provided by the Client to be advertised are solely Client’s own creation. It should not be availed from any third party and should be developed by the Client itself and not by any other agency. The ownership of the marketing material and the content shall be solely with the Client. None of the marketing material provided by the Client should infringe the intellectual property rights of any third party, in any way. The Client agrees to indemnify and hold Droom free from any claims, losses or action initiated by any third party arising out of any infringement of Intellectual Property Rights or any default of the Client.
- Droom does not conduct any such investigations and by getting into a contract with Droom, You take the complete responsibility of Your conduct of any necessary investigation and obtaining a license to use any third party’s intellectual property where required, including for all relative costs.
- Neither Droom, the Website or anyone acting on the Company’s behalf shall be liable for any dispute arising from or in connection with the use or infringement of any Intellectual Property Rights of any third party, in any jurisdiction. Droom will not be responsible for any third party liabilities and the Client shall safeguards Droom’s interest and any litigation that might occur, all charges shall solely be borne by the Client
- All proprietary materials always remain our exclusive property and nothing in the performance of the Services shall operate to transfer or assign ownership in such Proprietary Materials to the Client at any time.
- All marketing materials such as blogs, articles, banners and so on shall be provided by the Client itself to be improvised upon by the Droom team.
- Clients can submit a request for our services on the Website page via our Website enquiries forms. If you are an existing Client or your instruction is part of a larger project that we are undertaking for you, any Instructions placed will be processed in accordance with these Terms unless otherwise agreed in writing between Droom and You.
- Your Instruction sets out the services You need from Droom Ad Packages, any Deliverables You require Droom to produce and other bespoke or specific requirements that You may have.
- Your Instruction should contain a clear description of Your requirements, any brief you wish us to consider and any Deliverables you wish us to produce. You need to submit any content required as per the package (banner, SMS, Emailer, social content, etc.) within 48 hours of purchasing the package
- Our Package shall only remain valid for a period of 15 Business Days from its date of issue by us.
- The Contract between us shall commence with effect from the date of the purchase on the Website.
- These terms apply to the contract between Us to the exclusion of any other terms that You, the Client, or anyone on your behalf, seeks to impose or incorporate, into our agreement with you at any time, or any terms that may implied by trade, custom, practice or course of dealing.
- Droom at its own discretion may ask for more information/documentation on email or on call before processing Your order.
- After the Cancellation Period is over, the Client will not be able to cancel the order and the money deducted shall be non-refundable to the Client. No correspondence directly by the Client in reference to the cancellation of services will be entertained once the Cancellation Period is over. The decision of Droom is final and binding in this regard.
- In case any dispute arises, the maximum liability of Droom will be the amount paid by the Client for the specific Package after deduction of applicable service charges which will solely be determined by Droom.
- Droom’s decision in any/ all disputes of any Client in relation to ant Package bought by the Client shall be final and binding on the Client. In case of any genuine dispute which arises between Droom and the Client, the maximum liability of Droom will be the amount paid by the Client for the specific Package after deduction of applicable service charges which will solely be determined by Droom
- The Droom Ad Package service can end anytime with or without any prior notice to You by Droom. The decision of Droom is final and binding in this regard.
- he terms and conditions of Droom Ad Package service are governed by Indian laws and any dispute shall be submitted to the exclusive jurisdiction of courts at Gurugram.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Droom make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Droom is not responsible for the information and Services availed from this Website.
TRADEMARK, COPYRIGHT AND RESTRICTION
This Website is controlled and operated by Droom Technology Private Limited. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner/ Droom, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
COMPLAINT ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY
Droom respects the intellectual property of others. In case You feel that Your intellectual property has been infringed, You can write to Droom at email@example.com or firstname.lastname@example.org.
DRAFT NOTICE OF INFRINGEMENT COMPLAINT
To: Grievance Officer, Droom Technology (P) Ltd
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:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
4. I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________ on [date]___________________________________ in [place]________
We request You to please also provide the following information in Your complaint:-
a. Identification of the material on Our website that is claimed to be infringing or to be the subject of infringing activity.
b. Your address, telephone number and e-mail address.
c. 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.
LIMITATION OF LIABILITY
In accordance with Information Technology Act 2000 and rules made there under, in case you have any grievances about the use of this Website / any of the policies for use / availing the services on the Website, you may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below:
Droom Technology (P) Limited
40A/5, Chandan Nagar, Sector 15 - Part II,
Gurgaon - 122001, Haryana -India.
Time: Mon to Sat (10:00 to 19:00).