TERMS OF USE

T&C

 

  1. Introduction

 

Dreamz MyNewCar India Private Limited (“Dreamz”) owns and operates a mobile based application, Trivz (“Application”) for facilitating an Owner to provide a Customer with a ride in the car and allowing him to carry out inspection of the car model. The Owner shall give the Customer an honest feedback about the car in addition to the test drive, to enable the Customer to take an informed decision based on the true feel of the car, for which Dreamz shall pay the Owner a certain specified amount as consideration (“Dreamz Service(s)”). The Owner, at his sole discretion, is entitled to allow the Customer to drive the car. The Application is developed to facilitate Dreamz Services amongst users of smart phone devices. The Users are required to sign up and register themselves as either an owner, willing to provide their car for Dreamz Services to a Customer (“Owner”) or as a customer, intending to inspect a specific car model, registered by the Owner on the Application and which he plans to purchase (“Customer”). The Application stores all the data provided by the Owner and Customer and provides an interface to help organize that data.

 

All Users of the Application are advised to carefully read and understand these terms and conditions (“Terms of Use”). The use of this Application and the Content contained herein are governed by these Terms of Use. When you sign up with the Application, you acknowledge that you have read the Terms of Use and that you accept to be bound by the terms hereof, as such terms may be modified from time to time.

 

For the purpose of these Terms of Use, wherever the context so requires, “User(s)”, “you”, “your” or “their” shall mean Customer and Owner who use or access the Application. The terms “we”, “us” or “our” shall mean Dreamz.

 

If you do not agree with the Terms of Use, please do not use or access the Application.

As such, your access or use of the Application implies your acceptance of the Terms of Use, as amended from time to time, and constitutes an agreement between you and Dreamz for use of the Application.

 

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without any prior notice to you. It is your responsibility to review these Terms of Use for updates / changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to all such revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Application.

 

  1. Eligibility

 

A prospective customer must be at least 18 years of age and must hold a valid Indian license or an international driver’s license / permit that allows a person to legally drive in India, in order to register as a Customer and use or access the Dreamz Services offered through the Application. A prospective owner should be at least 18 years of age and must own a car in order to register itself as an Owner and use or access the Dreamz Services offered through the Application.

 

  1. User Account and Usage

 

Each User intending to register itself with Trivz, must download the Application from the Play Store/Apple Store and agree to the Terms of Use to activate their registration. The User may register itself either as an Owner or as a Customer. For the purpose of registering, the Users have two options, one is by way of providing their mobile number which will be authenticated by an OTP, and the other is by providing a valid email address and password in line with the prescribed instructions and requirements as maybe specified in the Application. At the time of registration, the User is also required to provide all the correct, mandatory and relevant details as specifically asked for and as maybe specified in the hyperlink. Confirmation of registration on the Application will be sent by way of an e-mail/SMS/notification to the Users coordinates, as provided in the registration form. Upon completion of the registration process and subject to acceptance of the Terms of Use by the Users, Dreamz shall, create an account for the Users on the Application (“User’s Account”).

 

Dreamz solely reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the Users. The Users hereby acknowledge that Dreamz also continues to maintain the right to close/discontinue the User’s Account, without any prior notice, for any reasons whatsoever. Dreamz reserves the right to take all measures necessary to prevent access to any Content or portion of the Application or terminate access to the Application if the Terms of Use are not complied with or are contravened.

 

  1. Using the Service

 

Each user may opt to register itself as an Owner or Customer and provide all the relevant information as maybe specified. Upon such registration with the Application, the Owners shall allow Dreamz or its affiliates, to carry out inspection of the car in order to ensure that the car details and all other information that may be provided by the Owner at the time of registration, are accurate and that the car is in a good condition for the Customer to be able to take a test drive. After such information is provided, registration is completed, and inspection is carried out, the system will select the car and auto allocate the Owner on the basis of the requirements stated by the Customer. The Customer will not have the option to choose the Owner. If the Owner is available and the Customers’ requirements match with the details provided by the Owner, then upon confirmation from both the ends, the Owner must provide a ride to the Customer in order to give him a true touch and feel of the car. Where no Owner is available that can match the Customers specification, Dreamz may direct the request to the car dealer nearest to the Customer who has the same car model as requested, for Dreamz Services to be carried out.

 

The system will not assign the Dreamz Services to the same Owner and Customer who appear to have the same combination of mobile numbers, more than once. Owners can list multiple cars at a time and need to make Dreamz aware of its timely status. An Owner may provide their car for Dreamz Services only 10 times in a month and a Customer can avail Dreamz Services only 5 times in a month. If the Customer intends to conduct the drive himself, he may request the Owner for the same. The Owner may permit the Customer to drive at the Owner’s sole discretion and neither Dreamz nor the Customer shall have any right to compel the Owner to allow the Customer to drive the car.

 

Further, to authenticate the process, an OTP is generated on the mobile number/ email address of the Users which acts as a password when the Users meet. This OTP helps to ensure that no other person, other than the registered Users, will be able to use the Dreamz Services. If OTP is furnished and the Dreamz Services have been completed, the Owner will receive a specified amount of consideration from Dreamz within 7 working days. But, if OTP is not furnished at that time, by either of the Users, the Dreamz Services stands unsuccessful for which we shall not be held liable. After confirmation from both the ends is received, a masked mobile number and other relevant information about the participating Owner and Customer will be shared 24 hours prior to the time and day for which the Dreamz Services are booked.

 

You are solely responsible for maintaining the confidentiality of your account and password and related details, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password), you agree to immediately notify Dreamz. You shall be liable for the losses incurred by Dreamz or others due to any unauthorized use of your account.

 

  1. General Conditions

The Users agree, undertake and confirm that their use of the Application shall be governed strictly by the following binding principles:

  1. The Users shall access the Application only for lawful purposes and shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of the Application.

 

  1. The Users shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Application, except with the prior written permission of Dreamz.

 

  1. The Users shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted on or transmitted to / through the Application. You will not distribute Trojan horses, viruses, malware, spyware, spam, pyramid schemes, chain letters, or any other harmful or unsolicited files or communications from, by or through the Application.

 

  1. Dreamz claims its ownership on the design/s, the development of the Application, the idea on which the Application is floated, and other material and products.

 

  1. The Users shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. The Users may not reverse look-up, trace or seek to trace any information of any other Users of the Application, including any account on the Application not owned by such Users, to its source.

 

  1. The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application, or with any other person’s use of the Application.

  2. Dreamz takes no responsibility and cannot be held liable or responsible for any interaction between the Customer and Owner. Dreamz makes no representations or warranties as to the truth or falsity of any information or data submitted to the Application or provided by the Users of the Application, or the legality, quality, or safety of the Dreamz Services offered through the Application. It shall be your responsibility to verify independently the bonafides of any particular User that you choose to deal with and all the information provided by a User on the Application. Dreamz shall, in no event, be liable for false and incorrect information provided by the Users.

 

  1. Trivz is only a platform created for the Users to interact with each other where the Owner agrees to provide Dreamz Services through the Application along with details about the car’s functioning abilities, the problems faced during usage, the wear and tear, the cost incurred in its maintenance etc. and the Customer uses such Dreamz Services offered in the Application with an intention of purchasing that or similar models based on the touch and feel provided by the Owner. Once the Users provide their confirmation, Dreamz shall not be responsible for any personal interaction or exchange that takes place between the Users.

 

  1. Dreamz shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Application.

 

  1. Dreamz is not responsible for any non-performance or breach of contract entered into between Users. Dreamz does not attempt to prove / guarantee / warranty such quality, durability, condition, and worth of the cars or services proposed on the Application by the third parties. Dreamz accepts no liability for any omissions or errors whether on behalf of the Users or third parties.

 

  1. Dreamz is not responsible or liable for any mis-happening/ accident or damage to the car or person driving or person sitting in the car or for any misbehavior by either of the Users.

 

  1. DREAMZ WILL NOT BE LIABLE ON ACCOUNT OF ANY ACCIDENT OR DAMAGE WHEREIN THE OWNER AGREES AT HIS OWN DISCRETION TO ALLOW THE CUSTOMER TO DRIVE THE CAR HIMSELF. IT IS THE RESPONSIBILITY OF THE OWNER TO ENSURE THAT APPROPRIATE INSURANCE COVER IS AVAILABLE FOR CONDUCTING THE TEST RIDE OR ALLOWING A CUSTOMER TO DRIVE HIMSELF.

 

  1. The Dreamz’ marks include the Dreamz’ name and logo, and any word, phrase, image, or other designation that identifies the source or origin of any of Dreamz’ Services. Any alteration of the material or use of the material contained in the Application for any commercial purpose is a violation of the copyright of Dreamz and/or its affiliates or associates or of its third-party information providers. The Content available on the Application shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from Dreamz. All responsibility and liability for any damages caused by downloading of any data is disclaimed.

 

  1. User Legal Liability


As an Owner, you certify that all information provided by you against your listed car is true and as a Customer, you certify that all information provided by you is true. Dreamz strongly advises you not to test the Application with false requests or false personal information, as it will put you at substantial personal legal risk. Impersonating or providing false information to obtain any service or benefits could expose you to criminal and / or civil consequences under applicable law. Wilfully entering erroneous or fictitious purchase or Dreamz Service requests may result in prosecution by Dreamz i.e. we may blacklist both, Customer and Owner in case of misuse of the service.

 

  1. Indemnification

 

The User shall indemnify and hold harmless Dreamz, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions (including reasonable attorneys’ fees), made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms of Use, or violation by the Users of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

  1. Privacy Policy

 

We view protection of your privacy as a very important principle. We store and process your information in accordance with our current Privacy Policy as specified in this Clause. If you have any objection with respect to your information being collected, shared or used in the manner specified therein, please do not use the Application. Our Dreamz Services are not directed to any person under 18 years of age. If you learn that the Users under 18 years of age have provided us with personal information without consent, please contact us.

 

Collection of Personal Information

 

When you use the Application, we collect and store your information like email address, mobile number, etc. The main objective in doing so is to provide you with a secure, efficient and customized experience.

 

You agree that you are providing Dreamz with personal details regarding your name, mobile number, e-mail address etc. You also agree that we may use the information for automated analysis. You further agree that in order to increase the value and benefit of this service to you, Dreamz may provide your personal details to third parties namely car dealers, potential buyers, sellers, as the case may be in the ordinary course of business or for providing services to you. If you intend to avail the Dreamz Services and/or share your personal information with us through the Application, it is solely at your own risk and volition. Dreamz makes no representations, warranties or guarantees whatsoever with respect to the accuracy, adequacy, reliability, completeness, suitability or applicability of such information provided by the Users.

 

If you send any personal correspondence to Dreamz, such as e-mails, or if other Users or third parties send to Dreamz correspondence about your activities on the Application, we may collect such information into a file specific to you.

 

Use of Your Information

 

We, as information controller may use your personal information for: statistical analysis; to develop and improve our Application and to update your records.

 

By providing your contact details you have expressly authorised Dreamz Mynewcar India Private Limited & Trivz to contact you in future through calls/SMS/E-mails and inform you about our products.

 

Managing Your Information

 

Changing Your Mobile Phone Number and email address: You may change your mobile phone number and email address using our in-app change number and change email id feature at any time.

 

Deleting Your Application account: You may delete your Application account at any time using our in-app account deletion feature.

 

Pre-approved Sharing of Information

 

Disclosure to Third Party Service Providers: We may contract with various third parties who help us in maintenance and improvement of the Application and Dreamz Services. We will use commercially reasonable efforts to prevent such third parties from disclosing your personal information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your personal information.

 

Disclosure under Law: Dreamz may disclose your personal information, without obtaining prior permission from you, if required to do so by law or if, in good faith, it believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process or to protect the interest of Dreamz and/or any particular User(s).

 

Disclosure to Successor: Dreamz and its affiliates may share/sell (use) some or all of your personal information with another business entity in case of merger, amalgamation, acquisition, joint ventures, restructuring of business by/with such business entity. In case of any such transaction, the other business entity may or may not follow this Privacy Policy with respect to your personal information.

 

Dreamz may change, modify, amend, suspend, terminate, or replace this Privacy Policy from time to time and with its sole and absolute discretion. In the event Dreamz changes, modifies, amends, or replaces this Privacy Policy, your continued use of the services after a change constitutes your acceptance to the change, modification, amendment, or replacement contained within.

 

  1. Application Contents

 

The Dreamz Services are owned and operated by Dreamz through an Application, Trivz. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Dreamz Services and the Application provided by Dreamz (collectively, “Content”) are protected by Indian copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Dreamz, all Content, trademarks, service marks, and trade names related to or contained in the Application are the property of Dreamz. Other than as expressly permitted in this Terms of Use, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content.

 

  1. Disclaimer

 

The Dreamz Services included or otherwise made available to you through the Application are provided without any representation or warranty, express or implied. Without prejudice to the forgoing, we do not warrant that:

 

  1. This Application will be constantly available, or available at all;

 

  1. The information on this Application is complete, true, accurate or non-misleading;

 

  1. The information provided, or quality of any information obtained by you through the Application will meet your requirements and expectations;

 

  1. The Application will be uninterrupted, timely, secure, or error-free;

 

  1. The results that may be obtained from the use of the Application will be accurate or reliable;

 

  1. Any errors in the software will be corrected;

 

  1. Booking of the Dreamz Service results in a 100% confirmation.

 

  1. By providing your contact details you have expressly authorised DREAMZ MYNEWCAR INDIA PVT LTD to contact you in future through calls / SMS /E-mails and inform you about our products.

 

We will not be liable to you in any way or in relation to the Content of, or use of, or otherwise in connection with, the Application. We do not warrant that the Application, the Content or Dreamz Services included or otherwise made available to you through the Application, their servers or electronic communication sent from us are free of viruses or other harmful components. Dreamz Services is being made available for use, without any representation or warranty that all services, features, functions or operations will be available or be performed as described. Dreamz Services and/or the Application is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, Dreamz is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Dreamz Services.

 

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dreamz shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

  1. Force Majeure

Dreamz, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees shall not be held responsible for failure or delay in performing their obligations and shall not be liable for any damage or loss due to deficiency in performance of the Dreamz Services resulting, directly or indirectly, from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or any other event which is beyond the control of Dreamz or such other concerned person.

 

  1. Communications

 

When you use the Application, or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email, push notifications or by any other mode of communication, electronic or otherwise.

 

  1. LIMITATION OF LIABILITY

 

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL DREAMZ, ITS SUCCESSORS AND ASSIGNS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS OR ADVERTISERS BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, WHETHER BASED IN CONTRACT, TORTS (INCLUDING FOR NEGLIGENCE) OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM, USE BY ANY PERSON OF THE DREAMZ SERVICES.

 

  1. Governing Law and Jurisdiction

 

These Terms of Use, your use of the Application and/or the Dreamz Services and related rights and obligations shall be governed by, interpreted and enforced in accordance with, the laws of India and courts in Mumbai, Maharashtra, India shall have exclusive jurisdiction to try all disputes in this regard.

 

  1. Entire Agreement

 

These Terms of Use constitute the entire agreement between Dreamz and you in respect of your use of the Application and/or any Dreamz Service.

 

  1. Third Party Rights

 

Except as expressly stated otherwise, nothing contained in this Terms of Use shall be taken as granting any right, expressly or implicitly, whether contractual or statutory, to persons other than you or Dreamz.

 

  1. Assignment

 

In the event Dreamz enters into a joint venture or is acquired by or amalgamated into another entity or if Dreamz otherwise so requires for any other reason, we may assign its rights or obligations under the Terms of Use, in whole or in part, without the consent of the Users. The Users cannot assign its rights or obligations under the Terms of Use, in whole or in part, without the consent of Dreamz, which consent may be withheld, delayed or conditioned.

 

  1. Severability

 

If any provision of the Terms of Use is held to be illegal, invalid or unenforceable under any present or future applicable law: (a) such provision shall be fully severable; (b) the Terms of Use shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and (c) the remaining provisions of the Terms of Use shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

 

  1. Waiver  

 

The failure to exercise or delay in exercising any right or remedy under this Terms of Use shall not be construed as a waiver of the right or remedy, waiver of any other rights or remedies under these Terms of Use or at law. A waiver by Dreamz of any terms or conditions of Terms of Use in any instance should not be considered to be a waiver of any term or condition for the future or of any subsequent breach.

 

  1. No Partnership

 

Dreamz Services shall be provided to the Users on a principal-to- principal basis. Nothing in this Terms of Use is intended or is deemed to constitute a partnership, joint venture, an agency relationship or employment of any kind between Dreamz and the Users.

 

  1. Contact Us

 

You may contact us for questions or comments regarding the Application or the Terms of Use at contacttrivz@mynewcar.in. Please allow up to 48 hours for a response email.

You may leave us your feedback at any time using our in-app feedback feature.

  1. Grievance Officer

 

As required under the Information Technology Act, 2000 and rules made thereunder, the details of the Grievance Officer are as below:

 

Snigdha Bhuia

Dreamz MyNewCar India Private Limited

Off no. 39, 2nd Floor, Om Heera Panna Premises Co-Op Soc Ltd, Behind Oshiwara Police Station, Andheri (W), Mumbai: 400053

98214 06323

sbhuia@mynewcar.in

Time: Monday to Saturday (10:00 AM to 7:00 PM)

 

This document is an electronic record in terms of the Information Technology Act, 2000 and rules   thereunder (as modified or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signature.