TERMS AND CONDITIONS OF USE

1. DEFINITION

Unless the context otherwise requires, the following capitalized terms shall have the meanings assigned to them below:

  • (a) “Account” means the registered user account created by a User on the Platform for accessing and using the Services, including login credentials and associated information.
  • (b) “Buyer” means any User who accesses the Platform for the purpose of browsing, selecting, purchasing, or otherwise transacting in Products offered on the Platform.
  • (c) “Company” means ZPAREX DIGISOLUTIONS PRIVATE LIMITED, the owner and operator of the Platform, operating under the trademark “Yanik.”
  • (d) “Content” means all text, data, images, graphics, product descriptions, catalogues, listings, reviews, trademarks, logos, audio, video, software, and other materials displayed or made available on the Platform, whether uploaded by Zparex, Sellers, or Users.
  • (e) “Service Provider” means any third-party logistics, courier, or shipping service provider engaged for the delivery of Products purchased on the Platform.
  • (f) “Order” means a request placed by a Buyer through the Platform for the purchase of one or more Products from a Seller.
  • (g) “Payment Gateway” means a third-party payment processing service provider integrated with the Platform to facilitate electronic payments between Buyers and Sellers.
  • (h) “Platform” or “Platforms” means the web portal and mobile application operated by Zparex under the name “Yanik,” through which the Services are provided.
  • (i) “Product” means any automotive spare part, accessory, or related item listed for sale on the Platform by a Seller.
  • (j) “Seller” means any manufacturer, distributor, supplier, brand owner, or other entity, including PADL that is onboarded on the Platform to list and sell Products to Buyers.
  • (k) “Services” means the online marketplace services, search tools, cataloguing, listing, payment facilitation, and related functionalities made available by Yanik through the Platform.
  • (l) “Third-Party Seller” means any Seller other than Zparex that lists Products on the Platform, including independent sellers and manufacturers.
  • (m) “User”, “You”, or “Your” means any natural or legal person who accesses, registers on, browses, uses, purchases, sells, or otherwise interacts with the Platform or Services, including Buyers and Sellers.
2. INTRODUCTION

("https://www.yanik.in/") is a web portal, owned and operated by ZPAREX DIGISOLUTIONS PRIVATE LIMITED, (“Company/ We/ Us/ Our”) a company incorporated under the Companies Act, 2013, having its registered office at 133/2, BSM Extension, Opposite Kengeri Metro Station, Entrance B Side, Mysore Road, Kengeri, Bangalore Rural, Bangalore South, Karnataka, India, 560060 operating under the trademarked name “YANIK” is an online marketplace for automotive spare parts. These Terms and Conditions of Use (“Terms and Conditions” or “Terms”) govern the use and access of the web portal and our mobile application “Yanik” (singly known as platform and collectively as platforms).

3. CONTRACTUAL RELATIONSHIP

3.1 These Terms constitute a valid, binding, and enforceable agreement between the Company and any natural or legal person (“Customer/Consumer/User/You/Your”) who accesses, intends to access, purchases, sells, or otherwise engages with any spare parts or related services (“Services”) made available on the Platform(s). These Terms supersede and replace any prior written or verbal understandings, communications, or agreements between you and the Company in relation to the use of the Platform(s) or the Services.

4. ACCEPTANCE OF TERMS OF USE

4.1.Yanik provides data and search functionalities to assist customers in identifying required spare parts, car-related products, and other automobile-related information, including details concerning vehicle maintenance (collectively referred to as the “Service”). By accessing or using the Service in any manner, you acknowledge and agree to be bound by these Terms. Additionally, when availing any specific service offered by Zparex, you agree to comply with all applicable guidelines, policies, and instructions that may be posted from time to time, which are subject to modification without prior notice. If you do not agree with these Terms, you must refrain from accessing or using the Platforms or the Services. You are advised to review these Terms carefully before accessing or using the Platforms.

4.2 You hereby represent and warrant that you are of legal age, being eighteen (18) years or above, and that you possess the full capacity and competence to understand, accept, and comply with the Terms, including all conditions, obligations, affirmations, representations, and warranties contained herein. If you are under eighteen (18) years of age, you may access or use the Platform(s) only under the supervision and with the involvement of a parent, legal guardian, or any other person who has attained the legal age.

4.3. If you are accessing or using the Platform(s) on behalf of an organization or company, you acknowledge and agree to these Terms on behalf of such organization or company. You further represent and warrant that you are duly authorized to act on its behalf and to bind it to these Terms.

4.4 Use any of our Platform(s), you are solely responsible for safeguarding the confidentiality of your account credentials, including your username and password, and for ensuring that unauthorized individuals do not gain access to your account or the devices through which it is operated. You accept full responsibility for all activities carried out under your account, whether authorized by you or not.

You must take all reasonable precautions to keep your password secure and must promptly notify us

  • a) If: you suspect or become aware that your password has been disclosed to any third party;
  • b) Your account is being used, or is likely to be used, without authorization; or
  • c) There is any other security breach relating to your account.

You further undertake to ensure that all information provided by you during registration, and at any time thereafter, is accurate, complete, and current. Any changes to such information must be promptly updated through the “My Profile” section of the Platform(s).

You also acknowledge that your account is intended solely for personal use, and you shall not use it for business or commercial purposes unless you are a registered business, organization, or company with an approved business account on our Platform(s).

4.5 In the event of any objection to any provision of these terms, any related guidelines, or any subsequent modifications thereto, or should you become dissatisfied with Yanik, the Platform(s), or the Services in any manner, your sole and exclusive remedy shall be to discontinue the use of the Platform(s) and/or the Services with immediate effect. Nevertheless, you are encouraged to notify our customer support team of any concerns, and we shall make reasonable efforts to address them.

5. DESCRIPTION OF PLATFORM(S)

5.1 Yanik is a digital initiative conceived from a progressive and innovative vision, backed by a distinguished legacy of over eighty years in the automobile spare parts industry. Drawing upon this longstanding expertise, Yanik seeks to redefine and modernize the spare parts ecosystem in India by offering a structured, reliable, and technology-driven platform that simplifies the process of identifying and sourcing automotive components.

5.2 The Platform(s) provides users with access to an extensive and continuously updated catalogue of automotive spare parts and car-related products, including information on applicability, compatibility, replacement options, and related technical details. Through this curated and expertly organized repository, Yanik aims to offer a seamless and informed user experience.

5.3 You acknowledge and agree that Yanik functions primarily as an online facilitation platform. Except for Products that are directly sold by Yanik on the Platform, the Company does not manufacture, stock, sell, or provide any products or services listed on the Platform(s). All such products and services are offered exclusively by independent third-party sellers who are not employees, representatives, or agents of the Company.

5.4 You further acknowledge that acceptance or confirmation of an order on the Platform(s) does not guarantee the availability of the corresponding product or service. Yanik shall make reasonable commercial efforts to coordinate with the respective independent sellers to fulfil your order; however, availability remains subject to the seller’s inventory and supply conditions.

5.5 Any timelines for the delivery of products or services indicated on the Platform(s) are estimates only and are provided for general guidance. The Company does not guarantee delivery within the stated timeframe, and actual delivery may vary due to factors beyond the Company’s reasonable control.

6. GENERAL TERMS OF USE

6.1 By accessing or using the Platform(s) in any manner, whether or not such use involves a purchase, you expressly acknowledge and agree to be bound by these Terms.

6.2 You are permitted to use the Platform(s) solely for lawful purposes and strictly in accordance with these Terms.

6.3 Any unauthorized, unlawful, or improper use of the Platform(s) may result in civil and/or criminal action against you in accordance with applicable laws.

6.4 All prices, product availability, and related commercial information displayed on the Platform(s) are subject to change at any time without prior notice, and the Company shall not be liable for any consequences arising from such changes.

6.5 Promotional offers and discounts listed on the Platform(s) are valid only for the period specified. The Company reserves the exclusive right to modify, extend, suspend, or withdraw any offer at its sole discretion, without prior notification.

6.6 While the Company endeavours to ensure that all product, service, and pricing information displayed on the Platform(s) is accurate, inadvertent errors may occur. In the event of an inaccurate listing, the Company may, at its discretion, seek further instructions from you or cancel the affected order and notify you of such cancellation.

6.7 Prices displayed on the Platform(s) are based on data received from independent sellers, manufacturers, distributors, or other authorized entities. The Company may revise such prices at any time without prior notice. The Company shall not be liable for any price changes resulting from factors beyond its control, including but not limited to revisions in Maximum Retail Price (MRP), updates in product batches, or seller/moderator revisions.

6.8 The Company reserves the right to cancel any order at any time due to reasons including, but not limited to, technical issues, stock unavailability, or circumstances beyond its reasonable control. The Company’s decision in this regard shall be final, and it shall not be liable for any resulting loss or inconvenience. In the event of cancellation after payment has been successfully processed, the Company shall endeavour to refund the amount to the original payment method within a reasonable period.

6.9 Requests for cancellation of orders may be accepted or rejected at the Company’s sole discretion. Where a cancellation request is received before the order has been processed, the Company shall make reasonable efforts to cancel the order and initiate a refund.

6.10 Once an order has been processed, the Company is not obligated to cancel it. The Company retains full discretion in deciding whether such an order can be reversed. You agree to abide by the Company’s decision and waive any claims arising from such refusal or delay.

6.11 The Company’s liability, under any circumstances, shall be limited exclusively to providing a replacement of the same product or service, or an alternative of equivalent value. No other damages or remedies shall be available.

6.12 You are strictly prohibited from engaging in any activity that compromises the security, functionality, or integrity of the Platform(s). Prohibited actions include, but are not limited to, transmitting inaccurate or misleading information; initiating unsolicited communications; using automated tools or scripts to access the Platform(s); attempting to breach security mechanisms; or performing any activity deemed unlawful under Indian law.

6.13 The Company may disclose or transfer user-generated data to its affiliates or to governmental authorities, as permitted or required under applicable laws. Sensitive personal data may be transferred to entities within or outside India only where such entities ensure an equivalent level of data protection and where such transfer is necessary for fulfilling a lawful contract or where you have expressly consented.

6.14 You represent and warrant that all information provided by you on the Platform(s) is accurate, complete, and current. Providing false, incomplete, or misleading information may result in suspension or termination of your account and access.

6.15 In accordance with the Company’s Privacy Policy, you consent to the collection and use of your information, technical data, and related inputs for purposes such as user verification, analytical assessments, trend analysis, and improving service efficiency. Such data may be shared with affiliates or service providers to facilitate access to the Services.

6.16 Where required under law, or upon direction from law enforcement authorities, the Company may disclose user-related data for the purposes of investigation, compliance, or legal proceedings. You acknowledge and agree that the Company shall have the right to cooperate with such authorities without incurring liability.

17. MISCELLANEOUS PROVISIONS

17.1 Notices and Reporting: All notices from the Company may be delivered through email to your registered address, SMS, registered post, or general notifications displayed on the Platform(s). If you need to notify the Company of any matter relating to these Terms—including reporting abuse, violations, or objectionable content—you must submit a request through the designated support channel on the Platform(s).

17.2 Severability: If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent authority, the remaining provisions shall remain fully effective. Where possible, any unenforceable portion shall be interpreted to give effect to the parties’ intentions; otherwise, the affected provision shall be deemed severed.

17.3 Assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms without the Company’s prior written consent. The Company may freely assign or transfer its rights or obligations, in whole or in part, to any third party without requiring your consent.

17.4 No Waiver: Any delay or failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other rights available to the Company.

17.5 Acknowledgement of Terms: These Terms are intended to inform you of the conditions governing your use of the Platform(s) and Services. By accessing or using the Platform(s), you confirm that you have been given a reasonable opportunity to review and understand these Terms and that you agree to be bound by them.

17.6 Personal Nature of the Agreement: These Terms apply personally to you and cannot be transferred or assigned by you except with the Company’s prior written approval. The Company retains the unrestricted right to assign or delegate any of its rights or obligations under these Terms.

17.7 No Agency or Partnership: Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company. Neither party has the authority to bind the other in any manner.

17.8 Entire Agreement, Governing Law: These Terms constitute the entire agreement between you and the Company and supersede all prior understandings relating to the use of the Platform(s) and Services. The Terms shall be governed by the laws of India, and all disputes shall be subject exclusively to the competent courts at Bangalore, Karnataka, to which you expressly submit. If any provision is held invalid, the remaining provisions shall remain fully enforceable.

17.9 Promotional Activities:

  • a)The Company retains full discretion to determine and implement any promotional channels or strategies, including digital or offline methods and supplier-specific directory listings. All users and suppliers agree to allow the Company to use promotional material for the generation of leads. The Company reserves the right to contact you through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback in relation to platform(s) or our Services; obtaining feedback in relation to any other users listed on the platform(s); or resolving any complaints, information, or queries by other users regarding your critical content. You agree to provide your fullest cooperation further to such communication by the Company. You agree that we can use and share your feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
  • b)By registering on or using the Platform, the User acknowledges and confirms consent to receive service-related and transactional communications necessary for the operation of the Platform, including order-related updates, account notifications, delivery information, and customer support communications, which are integral to the provision of Services and are not subject to opt-out.
  • c)In addition, the User may receive separate promotional or marketing communications relating to products, services, offers, or updates, for which the User may withdraw consent at any time by using the unsubscribe option provided in such communications, updating account preferences, or contacting Zparex, without affecting the receipt of essential service-related communications.
18. LIMITATIONS OF LIABILITY & INDEMNITY

18.1 Limitation of Liability: To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your access to or use of the Platform(s) or Services. This includes, without limitation, damages resulting from your inability to use the Platform(s), interruptions or termination of the Services, errors, omissions, delays, defects, or the presence of viruses, or from any products, services, information, or content accessed, advertised, or obtained through the Platform(s). The Company and its directors, employees, agents, affiliates, contractors, and representatives disclaim all liability for loss of profits, loss of data, personal injury, property damage, or any other form of loss, whether foreseeable or not, even if the possibility of such damages has been advised.

18.2 Indemnity: You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, assigns, service providers, and suppliers from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • a)Any content you submit, upload, publish, or make available through the Platform(s)
  • b)Your use or misuse of the Platform(s) or Services;
  • c)Your breach of these Terms or any representation or warranty contained herein; or
  • d)Your violation of any rights of a third party.
19. TERMINATION OF SERVICE

The Company reserves the absolute right, at its sole discretion, to suspend, disable, or permanently terminate your account or restrict your access to the Platform(s) at any time and without prior notice. This may include blocking your email address, IP address, or removing any content associated with your account, if the Company determines—whether due to a breach of these Terms or for any other reason—that your actions are inconsistent with the intended use of the Platform(s). You acknowledge that the Company shall not be liable to you or any third party for any such suspension or termination of access. Upon termination, you agree to immediately cease all use of the Platform(s) and refrain from attempting to access the Services through any means

20. GRIEVANCE OFFICER

At Yanik, we are committed to addressing your concerns and resolving grievances in a timely and fair manner.

If you have any complaints, issues, or feedback regarding our services, you may reach out to us through the following channels:

Email: support@zparex.com

Phone: +91 91872 20668

Address: ZPAREX DIGISOLUTIONS PRIVATE LIMITED, 133/2, BSM Extension, Opposite Kengeri Metro Station, Entrance B Side, Mysore Road, Kengeri, Bangalore South, Karnataka, India, 560060

Please provide complete details of your concern, including your name, contact information, order/reference number (if applicable), and a clear description of the issue.

We value your feedback and strive to continuously improve our services.