Terms of Use

1. About these Terms

These Terms of Use ("Terms") are an agreement between you and SparesYard (www.sparesyard.com), operated by AGSOFTECH, a proprietorship registered in India ("SparesYard", "we", "us", "our"). They govern your access to and use of the website, its quote, chat, rating and other features (the "Platform").

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not need a physical or digital signature. By using the Platform you confirm that you have read, understood and accept these Terms, our Privacy Policy and the other policies linked from this website. If you do not accept them, do not use the Platform.

2. Who may use the Platform

The Platform is intended for business buyers and sellers of spare parts. You must be at least 18 years old and able to enter into a binding contract under the Indian Contract Act, 1872 (or the law of your country). If you use the Platform for a company or firm, you confirm that you are authorised to bind it, and "you" includes that business.

You must not use the Platform if you are barred from doing so under applicable law, including sanctions laws.

3. SparesYard is a marketplace and an intermediary

SparesYard provides an online marketplace on which independent third-party sellers list products and buyers request quotations. Unless a listing expressly states that SparesYard itself is the seller, SparesYard: (a) is not the seller, manufacturer, importer or exporter of any product; (b) does not own, hold, inspect or ship products; and (c) is not a party to any contract of sale between a buyer and a seller.

SparesYard acts as an "intermediary" under Section 2(1)(w) and Section 79 of the Information Technology Act, 2000 and observes due diligence under the Intermediary Guidelines, 2021. Information in listings is provided by sellers, who are solely responsible for it.

4. Listings, quotes and contracts

Prices, stock, delivery times and other details shown on the Platform are indicative and may change. A quote request is an invitation to sellers to make an offer; it is not an order and does not bind you or any seller.

A contract for the sale of goods is formed only between you and the seller, on the terms of the seller's quotation as accepted by you. You are responsible for checking the seller's quotation, including price, quantity, specifications, taxes, Incoterms, delivery and warranty, before accepting it.

Amounts shown in a currency other than the seller's own are approximate conversions for information only and are not binding.

5. Payments

At present SparesYard does not collect or hold payments. Payments are made by the buyer directly to the seller under their agreed terms. SparesYard is not responsible for payments made to any person.

For your protection: SparesYard staff will never ask you to pay into a personal account. Pay only to the bank account stated on the seller's invoice and verify any change of bank details by phone with the seller before paying. See our Safe Trading policy.

6. Part numbers, compatibility and images

Part numbers, cross-references, compatibility (fitment) and specifications are provided by sellers or compiled from public sources and may be incomplete or wrong. You must confirm the correct part with the seller, using the number on your old part, your machine's serial number or its parts book, before ordering.

Some images are representative photographs or illustrations and may not show the exact item supplied.

7. Trademarks

JCB and other brand and model names and logos are trademarks of their respective owners. They are used on the Platform only to describe the machines with which a part is compatible, as permitted under Section 30 of the Trade Marks Act, 1999. SparesYard is not affiliated with, sponsored by or an authorised dealer of JCB or any other machine manufacturer. Parts are aftermarket unless a listing expressly states otherwise.

8. Your content

You are responsible for everything you submit to the Platform, including quote requests, messages, photographs and ratings ("Your Content"). Your Content must be accurate, lawful and your own, and must not infringe anyone's rights.

You grant SparesYard a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce and transmit Your Content to operate and improve the Platform, and to pass it to the sellers you contact. We may moderate, refuse or remove Your Content at our discretion.

9. Prohibited conduct

You must not: (a) provide false, misleading or someone else's information; (b) post content that is unlawful, defamatory, obscene, harassing, misleading or that infringes intellectual property; (c) post fake, paid or manipulated ratings; (d) use the Platform to sell or buy counterfeit, stolen or prohibited goods; (e) scrape, copy, frame or systematically download the Platform or its data; (f) introduce malware, probe or attack the Platform's security, or overload it; (g) circumvent the Platform to avoid fees for a transaction introduced through it; (h) breach export control or sanctions laws; or (i) use the Platform for any unlawful or fraudulent purpose.

10. Communications

By submitting a quote request, chat or rating, you agree that SparesYard and the sellers you contact may communicate with you by email, phone, SMS or WhatsApp about your request. You may opt out of promotional messages at any time; service messages about your requests will continue while they are open.

11. Third-party services

The Platform may link to or rely on third-party services (for example sellers' websites, messaging apps, shipping companies or currency rate providers). We are not responsible for their content, services or policies.

12. Disclaimer of warranties

The Platform and all information on it are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, SparesYard disclaims all warranties, express or implied, including as to merchantability, fitness for a particular purpose, accuracy, availability and non-infringement. We do not warrant the quality, safety, legality or genuineness of any product, or the identity, creditworthiness or performance of any buyer or seller, even where a seller carries a "Verified" badge or a tier label.

13. Limitation of liability

To the fullest extent permitted by law: (a) SparesYard shall not be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, data or machine downtime; (b) SparesYard shall not be liable for any loss arising from a transaction or dispute between a buyer and a seller; and (c) SparesYard's total aggregate liability to you for all claims relating to the Platform shall not exceed the greater of INR 10,000 and the fees, if any, paid by you to SparesYard in the twelve months before the claim arose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud.

14. Indemnity

You agree to indemnify and hold harmless SparesYard, its proprietor, employees and agents from any claim, demand, loss, liability, penalty or expense (including reasonable legal fees) arising from your breach of these Terms or of law, Your Content, or your transactions with other users.

15. Suspension and termination

We may suspend or terminate your access to the Platform, and remove any content or listing, at any time and without liability if we reasonably believe that you have breached these Terms or the law, or to protect other users or SparesYard. Sections that by their nature should survive termination will survive.

16. Force majeure

SparesYard is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, government action, power or internet failure, or failures of third-party service providers.

17. Governing law and disputes

These Terms are governed by the laws of India.

Any dispute arising out of or in connection with these Terms or the Platform shall first be referred to our Grievance Officer through the "Chat with us" button on this website for amicable resolution within 30 days. Failing resolution, it shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by mutual agreement or, failing agreement, in accordance with that Act. The seat and venue of arbitration shall be the city in which our registered office is located, India, and the proceedings shall be in English. Subject to the foregoing, the courts at the city in which our registered office is located shall have exclusive jurisdiction, including for interim relief.

If you are a consumer, nothing in this section limits your rights under the Consumer Protection Act, 2019, including your right to approach a Consumer Commission or the National Consumer Helpline.

18. General

We may update these Terms from time to time; the version published here, with its date, applies. Continued use after an update means you accept it. If any provision is held invalid, the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. These Terms and the policies they refer to are the entire agreement between you and SparesYard about the Platform.

Questions: the "Chat with us" button on this website. Complaints: see Grievance Redressal.