Terms & Conditions

Last updated on 1st December 2018.

These terms of use (“Terms of Use”) describe the terms on which the customers interested in availing automobile-related services (“You” or “Your” or “Yourself” or “User”) access, sign-up and register on the website www.dearo.com owned and operated by Auto Digitech Private Limited (hereinafter referred to as “the Company”), collectively referred to as, “the Platform” and the Platform Services (as defined below) provided through the Platform.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM OR ACCESSING ANY MATERIAL, INFORMATION OR PLATFORM SERVICES THROUGH THE PLATFORM. YOUR USE OF THE PLATFORM OR THE PLATFORM SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.


1. Use of Platform

1.1 Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Platform.

1.2 The Company shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Platform. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. The Company may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform and Platform Services. If no such separate consent is sought, Your continued use of the Platform, following the changes to the Terms of Use, will constitute Your acceptance of those changes. Your use of the Platform and the Platform Services is subject to the most current version of the Terms of Use made available on the Platform at the time of such use.

1.3 By (i) using or signing-up this Platform or any Platform Services in any way; or (ii) merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Platform’s Privacy Policy available at https://www.dearo.com/privacy-policy.

2. Eligibility to Use

2.1 The Platform Services are not available to minors under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Platform Services or use or register on the Platform. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Platform Services under the applicable laws.

2.2 The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

2.3 You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

3. User Account, Password, and Security

3.1 In order to avail the Platform Services, You may be asked to register on the Platform and create an account (“Account”). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration. You agree to provide details about Yourself, including Your name, address, contact details and/or vehicle information. You may also be able to register on the Platform by logging into Your Account with Your credentials from certain third party social networking sites (e.g., Facebook). You confirm that You are the owner of any such social media account and that You are entitled to disclose Your social media login information to the Company. You authorize the Company to collect Your authentication information, and other information that may be available on or through Your social media account consistent with Your applicable settings and instructions.

3.2 You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

3.3 You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

3.4 Use of another User’s Account information for availing the Platform Services is expressly prohibited.

4. User Representations and Obligations

4.1 Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, limited privilege to access and use this Platform and the Platform Services.

4.2 You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

4.3 You agree to not engage in activities that may adversely affect the use of the Platform by Service Providers/ Company/other Users.

4.4 You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

4.5 You acknowledge and agree that by accessing or using the Platform or Platform Services, You may be exposed to content from others (including but not limited to, Service Providers and other Users) that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.

4.6 If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility.

4.7 You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform and the Company’s (and the Company’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. You represent and warrant that You have all rights to grant such licenses to the Company without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

4.8 Further, You undertake not to:

4.9 The Company reserves the right to review any information/data uploaded by You on the Platform and delete any information/data that is inconsistent with these Terms of Use. You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates may suffer) for any such breach.

4.10 You agree that the Company may, at any time, modify or discontinue all or part of the Platform, charge, or offer opportunities to some or all Users.

5. Use of Materials

5.1 Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view, download and print any materials available on the Platform, subject to the following conditions:

5.2 The rights granted to You in the materials as specified above are not applicable to the design, layout or look and feel of the Platform. Such elements of the Platform are protected by intellectual property rights and may not be copied or imitated in whole or in part.

5.3 Any software that is available on the Platform is the property of the Company. You may not use, download or install any software available on the Platform, unless otherwise expressly permitted by these Terms of Use or by the express written permission of the Company.

6. Usage Conduct

6.1 You shall solely be responsible for maintaining the necessary computer equipments and internet connections that may be required to access, use and transact on the Platform.

7. Intellectual Property Rights

7.1 Subject to Section 8 below, the Platform and the processes, and their selection and arrangement, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

7.2 The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the third party that may own the Marks.

7.3 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company.

8. Third Party Content

The Platform makes available general third party information and other data from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. The Company does not provide any guarantee with respect to the truthfulness, credibility and the genuineness of any Third Party Content and the Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

9. Disclaimer of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

9.1 The platform, platform services, and other materials are provided by the company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, the company makes no warranty that (i) the platform or the platform services will meet your requirements or your use of the platform or the platform services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the platform, or platform services will be effective, accurate or reliable; (iii) the quality of the platform or platform services will meet your expectations; or (iv) any errors or defects in the platform or platform services will be corrected. no advice or information, whether oral or written, obtained by you from the company or through use of the platform services shall create any warranty not expressly stated in the terms of use.

9.2 The company will have no liability related to any service provider/user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. the company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any service provider/user content.

9.3 The company will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the platform or any platform services, either with or without your knowledge.

9.4 The company has endeavored to ensure that all the information on the platform is correct, but the company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or platform service. the company shall not be responsible for the delay or inability to use the platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the platform, or otherwise arising out of the use of the platform, whether based on contract, tort, negligence, strict liability or otherwise. further, the company shall not be held responsible for non-availability of the platform during periodic maintenance operations or any unplanned suspension of access to the platform that may occur due to technical reasons or for any reason beyond the company's control. you understand and agree that any material or data downloaded or otherwise obtained through the platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

10. Indemnification and Limitation of Liability

10.1 You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

10.2 In no event shall the Company, its officers, directors, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with (i) Your use of or access to the Platform, Platform Services or materials on the Platform; or (ii) automobile-related services provided by Service Providers.

10.3 The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

11. Violation of the Terms of Use

11.1 You agree that the Company may, in its sole discretion and without prior notice, terminate Your access to the Platform for cause, delist You and block Your future access to the Platform if the Company determines that You have violated these Terms of Use. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

11.2 If the Company does take any legal action against You as a result of Your violation of these Terms of Use, the Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.

12. Governing Law

12.1 These Terms of Use and all transactions entered into on or through the Platform and the relationship between You and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

12.2 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Platform, the Terms of Use or any transactions entered into on or through the Platform or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the Courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such Courts.

13. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@dearo.com.

14. Communications

14.1 You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company relating to the Platform Services provided through the Platform.

14.2 You can unsubscribe/ opt-out from receiving communications from the Company through SMS and e-mail anytime by writing to support@dearo.com. The Company will take 30 working days to commit the change in the system.

15. General Provisions

15.1 Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@dearo.com with subject line - Attention: TERMS OF USE.

15.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

15.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

15.4 Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

16. IP Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company’s agent in writing at support@dearo.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of

17. Feedback and Information

17.1 Any feedback You provide on the Platform shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) all information provided in the feedback is true and correct and relates to the automobile-related services availed by You; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances. The Company reserves the right to initiate any action against You under the applicable laws for a breach of this representation, including appropriate actions for any defamation allegations. When You provide feedback on the Platform, You grant to the Company, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual and unconditional license to (i) use or reproduce the feedback posted by You on the Platform; (ii) delete and remove the entire or such part of any feedback posted by You that, in the opinion of the Company, is not in compliance with these Terms of Use; and (iii) communicate the feedback to other users, including Service Providers.

17.2 Any feedback posted by You on the Platform regarding any automobile-related service availed by You may be required to be substantiated by accompanying evidence, as necessitated or requested by the Company.