Terms of Service

Welcome to www.spotneek.com

Please read these terms of use and carefully as they contain important information regarding your legal rights, remedies and obligations, including various limitations and exclusions, and provisions relating to the jurisdiction and venue of disputes.

Please note that this webpage (hereinafter referred to as “document”) qualifies to be an electronic record in accordance with the provisions of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read these conditions carefully before using the www.spotneek.com website. By using the www.spotneek.com website, you signify your agreement to be bound by these conditions. If you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the website or services. Use of this website and / or services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

AppYantra (hereafter referred to as "AppYantra", "we", "us", or "our") provides an online platform that connects vendors who have indulgences or Taxis/Cabs or rentals of Bikes, Cars and Accommodation, to offer to guests seeking to avail (buy) such Indulgences or Rentals (collectively, the “Services”), which Services are accessible at www.spotneek.com and any other websites through which AppYantra makes the Services available (collectively, the “Site”) and / or as an application for mobile devices (the “Application”) and / or AppYantra's Social Media Assets. BY ACCESSING OR SUBMITTING CONTENT TO THE SITE, APPLICATION OR APPYANTRA'S SOCIAL MEDIA ASSETS, YOU ACKNOWLEDGE AND AGREE TO ABIDE BY AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE ("Terms"), WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. These Terms govern your access to and use of the Site, Application, AppYantra's Social Media Assets and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and AppYantra. Please read carefully these Terms and Conditions and our Privacy Policy.

www.spotneek.com is an online communication platform developed by AppYantra wherein one or more Vendors display their offerings of Taxi/Cab services or experiences (also called Indulgences) or rentals of bikes, cars and accommodation ( also called as Rentals ) and users (buyers) book those offerings or services (indulgences, rentals, taxis/cabs) and/or buy them online by making a payment on a third party payment gateway. AppYantra is only providing an online platform called Spotneek that can be utilized by users and vendors to reach a larger base to buy and sell indulgences. Spotneek is providing a platform for communication and it is agreed that the contract for sale of any of the experiences, rentals or services shall be a strictly bipartite contract between the Seller (vendor) and the Buyer (user).

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENDORS (DEFINED BELOW) MAY OFFER INDULGENCES / SERVICES / RENTALS (DEFINED BELOW) TO USERS (DEFINED BELOW) TO LEARN ABOUT AND BUY SUCH INDULGENCES / SERVICES / RENTALS. YOU UNDERSTAND AND AGREE THAT APPYANTRA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENDORS AND USERS, NOR IS APPYANTRA A BROKER, AGENT OR MEDIATOR. APPYANTRA HAS NO CONTROL OVER THE CONDUCT OF VENDORS, USERS OF THE SITE, APPLICATION AND SERVICES OR RENTALS OR ANY INDULGENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

DEFINITIONS

“AppYantra Content” means all Content that AppYantra makes available through the Site,Application, or Services, including any Content licensed from a third party, but excluding User Content.

“Collective Content” means User Content and AppYantra Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Indulgences” or "Taxis/Cabs" or "Rentals" means one or more service offerings offered by Vendors to Users, which can be bought and / or booked by the users

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and central indirect or other withholding and personal or corporate income taxes.

“User” means a consumer who books (pays for) an indulgence via the Site, Application or Services.

“Vendor” means a service provider who offers one or many Taxi(s)/Cab(s), Rental(s) or Indulgence(s) via the Site, Application and Services after completing AppYantra's vendor registration process, as described under “Vendor Registration” below.

“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application, AppYantra's Social Media Assets or Services.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, AppYantra's Social Media Assets, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, AppYantra's Social Media Assets, Services, or Collective Content.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION, APPYANTRA'S SOCIAL MEDIA ASSETS OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND / OR THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, APPYANTRA'S SOCIAL MEDIA ASSETS, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

AMENDMENT

AppYantra reserves the right, at its sole discretion, to modify the Site, Application, AppYantra's Social Media Assets or Services or to amend these Terms, including the Service Fees, at any time and without prior notice. If we amend these Terms, we will post the amendment on the Site or via the Application or provide you with notice of the amendment. We will also update the “Last Updated” section at the top of these Terms. By continuing to access or use the Site, Application, AppYantra's Social Media Assets or Services after we have posted an amendment on the Site or via the Application or have provided you with notice of an amendment, you are indicating that you agree to be bound by the amended Terms. If the amended Terms are not acceptable to you, your only recourse is to cease using the Site, Application, AppYantra's Social Media Assets and Services.

ELIGIBILITY

The Site, Application, AppYantra's Social Media Assets and Services are intended solely for persons who are 18 or older, and are eligible to enter into a legally binding contract, as specified by various provisions of the Indian Contract Act of 1872, and other related laws. Any access to or use of the Site, Application, AppYantra's Social Media Assets or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application, AppYantra's Social Media Assets or Services you represent and warrant that you are 18 or older.

PLEASE NOTE THAT, THE SITE, APPLICATION, APPYANTRA'S SOCIAL MEDIA ASSETS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF INDULGENCES, RENTALS OR SERVICES. APPYANTRA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY INDULGENCES, RENTALS OR SERVICES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY INDULGENCES, RENTALS AND SERVICES. APPYANTRA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL VENDORS AND INDULGENCES, RENTALS AND SERVICES. ACCORDINGLY, ANY DEALING WILL BE MADE AT THE USER’S OWN RISK.

Platform for Communication

The Site, Application, AppYantra's Social Media Assets and Services are intended solely to provide a platform that Users and / or Vendors may employ to connect and interact with one another. Under any circumstances, AppYantra is not and cannot be a party to or control in any manner any transaction between the Website’s Users and / or the Vendors. Accordingly, users and vendors hereby acknowledge and agree that:

1. All terms are offered by and agreed to between Users and Vendors alone, wherein such terms include, price, 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” and "rentals", henceforth called Indulgences or Rentals or Taxis/Cabs.

2. AppYantra is not liable and responsible for changes made by the Vendors regarding schedule or pricing or any other condition, as AppYantra publishes the content only after taking proper approvals from the vendor.

3. AppYantra does not make any representation about the safety standards, fitness, government permissions, reliability, etc of the vendors who sell indulgences or who drive taxis/cabs or the conditions of the rentals that are provided through the site. Users are advised to independently verify the bona fides of any particular vendor that they choose to deal with or any particular rental they want to rent and use their best judgment and appropriate discretion in that behalf.

4. Under any circumstances, AppYantra cannot be held responsible for a vendor’s changes in schedule, location, price or any other factor. Furthermore, AppYantra is not responsible for any non-performance or breach of any contract entered into between Users and Vendors. AppYantra cannot and does not guarantee that the concerned Users and/or Vendors will perform any transaction concluded on the Website. AppYantra shall not and is not required to mediate or resolve any dispute or disagreement between Vendors and Users.

5. If the Vendor has provided all his deliverables as laid out in the terms and conditions and Indulgences listing on the website, but user is still not satisfied, then neither the Vendor nor AppYantra is liable to reimburse any amount to the buyer under any circumstances.

6. The User is responsible for safety of himself/herself or that of the consumer of the service that is booked (and his/her belongings) and AppYantra cannot be held responsible for any mishaps, wrong doings and accidents that may occur due to lapses on the part of the Vendor or the User or the consumer of the service booked by user, or for any loss of life or property which is a direct or indirect result of natural calamity/weather conditions or accidents. The User hereby agrees to take utmost care and precaution for the safety and well-being of all Users when going through the indulgence or Rental or Taxis/Cabs or any other Service booked through Spotneek.

AppYantra will take best possible efforts to ensure the quality of the services provided is the best possible, but if for any reason the services are not optimal then Appyantra does not promise to re-issue the service to the user, but having received a proper feedback, AppYantra will work towards making the services better in future engagements.

8. Some indulgences are weather-dependent. In the event of inclement weather, the vendor has the discretion as to whether the weather conditions will prevent the Indulgence from taking place. Subject to the mutual consent, the vendor and the user may choose to reschedule the Indulgence for another date.

9. AppYantra does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Indulgences or Rentals or Taxis/Cabs or any other services proposed to be sold or offered to be sold or purchased on the Website. AppYantra accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

10. AppYantra does not at any point of time during any transaction and / or communication between the User and the Vendor take possession of any of the products or services offered by the Vendor nor does it at any point gain title to or have any rights or claims over the products or services offered by the Vendor to the User.

VENDOR REGISTRATION

You understand and agree that the content (information) contained herein relating to indulgences or Rentals or Taxis/Cabs or any other Services offered by the Vendor and displayed on the website are obtained from the Vendor and approval for each indulgence may or may not be formally obtained from the Vendor and may or may not be put in place by means of an agreement executed physically and / or electronically.

NO ENDORSEMENT

AppYantra does not endorse any Users, Vendors or any indulgences. In addition, although these Terms require Users and Vendors to provide accurate information, we do not attempt to confirm, and do not confirm, any purported identity of the User and / or the Vendor. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the AppYantra User Dispute Resolution Terms and Conditions (“AppYantra Resolution Mechanism”), which is an agreement between AppYantra and those Vendors which have been bound by agreement executed physically or electronically, we will not be responsible for any damage or harm resulting from your interactions with other Users and Vendors.

By using the Site, Application, AppYantra's Social media assets or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users and / or Vendors and / or other third parties will be limited to a claim against the particular Users and / or Vendors and / or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from AppYantra with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users and / or Vendors on the Site and Services regarding any bookings or payments made by you.

CONDUCT OF USER

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application, AppYantra's Social Media Assets and Services, you may not and you agree that you will not:

(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, travel restrictions and Tax regulations;

(b)use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

(c)use the Site, Application, AppYantra's Social Media Assets or Services for any commercial or other purposes that are not expressly permitted by these Terms;

(d) copy, store or otherwise access any information contained on the Site, Application, AppYantra's Social Media Assets, Services or Content for purposes not expressly permitted by these Terms;

(e)infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, and / or contractual rights;

(f) interfere with or damage our Site, Application, AppYantra's Social Media Assets or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(g) use this Site, Application, AppYantra's Social Media Assets or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(h)use this Site, Application, AppYantra's Social Media Assets or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;

(i) "stalk" or harass any other user of this Site, Application, AppYantra's Social Media Assets or Services or collect or store any personally identifiable information about any other user;

(j) register for more than one User Account or register for a User Account on behalf of an individual other than yourself;

(k) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

(l) use automated scripts to collect information or otherwise interact with this Site, Application, AppYantra's Social Media Assets or Services;

(m) attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures;

(n) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site, Services, Application or Content;

(o) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, AppYantra's Social Media Assets, Application or Content to send altered, deceptive or false source-identifying information;

(p)attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide this Site, Services, AppYantra's Social Media Assets, Application and / or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site, Application, AppYantra's Social Media Assets, Services or Content or to review or edit any Member Content, but have the right to do so for the purpose of operating the Site, Application, AppYantra's Social Media Assets and Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application, AppYantra's Social Media Assets or Services.

PRIVACY

See our Privacy Policy at Privacy Policy and for information and notices concerning our collection and use of your personal information.

OWNERSHIP

The Site, Application, Services, and Content are protected by copyright, trademark, and other intellectual property rights and related laws of India and foreign countries. You acknowledge and agree that the Site, Application, AppYantra's Social Media Assets, Services and Content, including all associated intellectual property rights is the exclusive property of AppYantra and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, and / or Content.

ONLINE PAYMENT GATEWAY PROCESS

AppYantra provides an on-line payment process to book offerings (indulgences, Rentals, Taxis/Cabs) by the users (buyers) on its website in good faith and has taken due care to ensure that it operates correctly.

1. AppYantra’s on-line payment process is linked to one or more third party payment gateway systems.

2. User information entered during the process is kept secure and confidential and will not be divulged to third parties.

3. All payment is in INDIAN RUPEES only.

4. AppYantra will not be held responsible for any damages the user may suffer as a result of using the payment process.

The User agrees that he/she shall defend, indemnify, save and hold AppYantra harmless from any and all demands, liabilities, losses, costs and claims that may arise or result from any technical failure or incorrect use of the on-line payment process.

AppYantra Resolution Mechanism – Cancellation and Refunds

AppYantra requires all the Vendors to employ a Cancellation and Refund Policy to govern user cancellations. In accordance with such policy, Vendors are required to explicitly specify what percentage of the amount (transaction size) will be refunded at what points of time, when the user cancels a booking that has been made. If the user cancels the booking after the payment has been made, then the cancellation policy of the vendor will apply. On all user cancellations, AppYantra will retain the Spotneek processing fees of minimum 5% of the value of transaction and the payment gateway charges as third parties like Payment gateways have to be paid some fees even if the transaction is cancelled.

Users are entitled to a full refund including the payment gateway charges when the vendor cancels/refuses (fails to fulfil or deliver what he/she has agreed to, as laid out in the terms and conditions) to carry out any indulgence that he or she has listed on the Spotneek website and which has been bought by the user.

In the absence of a cancellation policy from a vendor, AppYantra will retain the Spotneek processing fees of minimum 5% of the value of transaction and the payment gateway charges.

Intellectual Property Rights

Users agree that all aspects of the Website, Services and Application including without limitation the selection, coordination and arrangement of the materials contained therein , its look and feel, images, copy, graphics, trademarks, logos and other elements are subject to the proprietary rights of and belong to AppYantra or the Vendors, their subsidiaries and affiliates and its licensors. Any unauthorized use of these materials may violate intellectual property rights.

Complaints: We respect the intellectual property rights of others. In case You feel that Your IPR have been infringed, please contact us at spotneek@appyantra.com

Losses and Damages

Users are responsible for leaving the all personal, real or other equipment and / or property associated with an Indulgence or Rental or Taxis/Cabs or other Services, in appropriate condition. In case of any intentional losses and damages caused to such equipment and / or property by the users, users may be held responsible for such losses and damages, and may further be required to compensate for the same.

Content Posted to AppYantra's Social Media Assets

AppYantra uses a variety of third-party social media websites, communication services and media channels such as Facebook, Twitter and Instagram (collectively, "Social Media Assets") to communicate and interact with our users. By posting or submitting content to these Social Media Assets, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content. To the extent submitted content contains images, you represent and warrant that: (a) you are the copyright owner or have obtained the copyright owner's permission to use such images; (b) you hold the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) you have obtained the consent of each person, if any, depicted in such images.

License

By posting, displaying, uploading, inputting, providing or submitting content to the Site, Application or Social Media Assets, you grant AppYantra a perpetual, irrevocable, sub- licensable license to use worldwide, royalty-free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

Indemnification

AppYantra shall be indemnified and held harmless, including its owners, licensee, affiliates, parent, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (collectively the "Indemnified Parties"), from any claim or demand, against all losses, expenses, damages and costs or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Site by using your account.

Applicable Law and Jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Goa.

Disclaimer of Warranties & Limitation of Liability

We have made the best possible effort to ensure that all the information on the Website is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or service referred to on the Website. In no event shall AppYantra be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages pursuant to your use of the Website. Neither shall AppYantra be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide any functionalities of the website, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, AppYantra shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.

AppYantra and its suppliers, affiliates and service providers provide the Website, the products offered thereon and services including payment gateways "as is" and without any warranty or condition, express, implied or statutory.

Notwithstanding anything to contrary, AppYantra entire liability to you shall be limited to the refund of the money charged from you for the transaction which has given rise to the liability. Under no circumstance shall AppYantra be liable for any consequential, indirect or remote loss that you or any other third parties may suffer.

IN NO EVENT SHALL APPYANTRA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

If you have any questions about the Application, please Contact Us or email us at

AppYantra
H. No. 158,
Bandekar Wada
Morjim, Pernem
Goa 403512
spotneek@appyantra.com
Last modified: 4th December, 2013