TERMS AND CONDITIONS FOR USE OF THIS WEBSITE

(i) User agrees that all communication between the Company and the User regarding any matter relating to the use of this website will be held electronically, unless otherwise agreed. It will be the sole responsibility of the User to keep himself updated with all data, information and communication as may be provided on the website from time to time.

(ii) User agrees that this website has been formed solely with the intention/ purpose for providing a platform for buying and selling of construction materials (that are permitted to be bought and sold under applicable law) as may be offered by the Company from time to time. The company is not a manufacturer for any of the products listed on the website and all such products advertised and/or offered for sale on the website are listed by third parties.

(iii) The user hereby by agreeing to the terms of this User Agreement gives permission to the website and the Company to store the details as provided by him/ her in the applicable registration forms for usage of the website indefinitely. However, the Company reserves the right to may or may not maintain such database of the information relating to the Users.

(iv) All payments to be made through this website including the service charge as may be levied on the sellers of this Website will be made in Indian Rupees and will be payable to Prajot E-Services Private Limited within such time as specified in the invoice. In case of any non- payment, the Company reserves the right to temporarily/ indefinitely suspend or terminate user’s membership with the website and disallow access to the website. The Company also reserves the right to take any legal action against the User in case of any delayed/ non- payment of charges/fees to the Company.

(v) The user will be responsible for paying all charges/ fees associated with the use of the website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied from time to time.

(vi) The user agrees that the Company may appoint and avail the services of any third party including a logistics partner, from time to time for facilitating timely delivery of products as ordered by the user.

USER OBLIGATIONS

(i) The company apart from trading is also a service provider and provides a virtual marketplace to the buyers and sellers for facilitating sale and purchase of Construction Materials. The Company will not be responsible for any terms and conditions of delivery, payment, insurance or any other contractual terms as may be agreed between the buyer and the seller for each order individually and same shall be independently agreed between them.

(ii) The user may at his sole discretion provide a feedback on the products ordered by him or about the services of the company or the seller on this website. However, the user undertakes to exercise due care while making any feedback and shall not make any comments that are non-factual in nature, defamatory, illegal or offensive/ obscene in any sense.

(iii) The User undertakes not to host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which the User does not have any right to;

(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult)

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Company’s prior written consent means a communication coming from Company’s Legal Department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which User seek authorization;

(p) solicits gambling or engages in any gambling activity which the Company, in its sole discretion, believes is or could be construed as being illegal;
(q) interferes with another User’s use and enjoyment of the website or any other individual's User and enjoyment of similar services;
(r) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. (s) harm minors in any way;

(t) infringes any design, patent, trademark, copyright, product know-how, manufacturing process or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person

(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(x) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(y) shall not be false, inaccurate or misleading;

(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(aa) shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s internet service provider ("ISPs") or other suppliers; In case of any violation of any obligation or terms and conditions mentioned in this agreement, the Company reserves the right to block or restrict the access or usage rights of a user of this Website with immediate effect without any prior notice to the user.

(iv) The User agrees that he/ she shall not at any point of time manipulate or tamper any content of this website including posting of any advertisement for the products, other than the products agreed to be listed between the user (Seller) and the Company. If at any point of time any user is found to be indulging in such activities the Company reserves the right to block or suspend the account of such user and may also take appropriate legal action against such user.

(v) If at any point of time it comes to the knowledge of the User that any transaction or attempted transaction pertaining to the sale or purchase of any product listed on this Website, violates any term of this User Agreement or any other applicable law, the User shall forthwith take all steps to inform the Company of such violation by contacting at customercare@buildersguru.in

(vi) In case of any dispute between the Company and any of its user or service provider, the User shall, if required provide necessary information, statement, proof in this regard in good faith and with honest intention.

(vii) The user agrees and undertakes to make all payments for any transaction done through this website in any one of the modes of payment specified under the Payment Clause of this Agreement.

(viii) User agrees that by providing the services under this Agreement the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to any Transaction or the Transaction Price for the products offered for sale through this website.

DISCLAIMER:

(i) The website apart from trading is also a platform where users meet and interact with one another for their transactions. The Company is neither involved in the buying and selling of products if purchased from other vendors on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the products listed on the Website. The Users acknowledge that, at any time the Company will not be liable for any loss, damages, interests or claims etc. suffered by the user due to non-processing or any delay in processing a Transaction/ Transaction Price. The Company shall not mediate or resolve any dispute or disagreement between users.
(ii) The Company will take due care to ensure that any information falling under the category of Clause 6(iii) is not mentioned, published, posted and demonstrated on the website and if any such information {falling under the category of Clause 6(iii)} is found, the same should be blocked or deleted. However, if any such information inadvertently exists on the website, the Company will not be deemed to have allowed and given the permission for such publication, post or demonstration and will not be liable for any action arising out of such publication, post or demonstration.
(iii) The Company does not make any representation or warranty as to the products offered for sale through this website including but not limited to the quality, worth, marketability, merchantability, usefulness of the products proposed to be sold or offered to be sold or purchased through this Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products on the Website and shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
(iv) The Company does not make any representation or warranty as to the legal title, creditworthiness, identity etc. of any of its users. Each user is advised to use his/ her judgment independently to verify the bona fides of any particular User that you choose to deal with on the Website.
(v) The contract for sale of any of the products shall be a strictly bipartite contract between the seller and the buyer. The Company at any time shall not have any obligations or liabilities in respect of such contract. The Company will not be responsible for any unsatisfactory or delayed performance on the part of the sellers or damages or delays as a result of products being out of stock, back ordered or otherwise unavailable. All products offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
(vi) The User shall indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the website notwithstanding the Company's reasonable efforts in that behalf. User may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
(vii) The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, supply of identical products as shown on the website, exact match of specification and quality, due care and maintenance or warranty of the products, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or the Logistics Partner or payment gateway facility will be error free and/or uninterrupted. Any warranty or representation provided by Seller on the website does not construed as representations and warranties of the Company and shall not bind the Company to the Users. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by the user on account of: - Any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or payment gateway facility.
- Any delay, failure, interruption or errors in the operation of the Website or the Logistics Partner or payment gateway facility.

PAYMENT

(i) All the payments for the products ordered through the Website can be made in favor of the Company Prajot E-Services Private Limited by any of the following means:
(a) Payment on Billing which can be made through the payment gateway facility or
(b) Payment by depositing cash, cheque, demand draft in the bank account of the Company Prajot E-Services Private Limited or delivering bankers cheque/demand draft in favour of the Company Prajot E-Services Private Limited payable at Coimbatore within seven (1) days of placing order; or
c) Payment on Delivery wherein payment shall be made in cash/through valid Cards on delivery, or such other method of payment as may be permitted by the Company on the Website in its sole discretion.
(ii) The user acknowledges and agrees that he has specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
(iii) The Company will not entertain return or exchange of goods/products, for any reason whatsoever except in case of wrong products delivery or damaged product. In case of delivery of wrong goods/products, the Buyer may return back the goods/products, and refuse to make payment (in case of COD) return the goods/products and fill the return voucher mentioning clearly reasons of return of goods/products. Any subsequent return will not be accepted or entertained.
(iv) Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Seller and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges.

LIMITED LIABILITY

In no event shall the Company, its officers, employees, its suppliers, affiliates or service providers shall be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the use of this website or any services provided by the Company, its logistics partner or any seller under this Agreement. The liability, if any of the Company in any such circumstance shall be limited to the amount of service charges/ fees, if any, paid by the to the Company.

INDEMNITY:

If at any time the user is found to be in breach of any of the terms and conditions of this agreement or any other content/ condition posted on the Website, the User shall indemnify and hold harmless the Company its affiliates, third-parties 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 your breach any terms and conditions of the User Agreement including the rules and policies incorporated herein by reference or on account of any violation of any law, rules or regulations or the rights of a third party on the Part of the User.

CONSENT AND PRIVACY POLICY:

The user hereby grants his consent for collection and use of all or any information belonging to the user as provided by him/ or to the Company. However, the Company undertakes to keep all the information relating to the bank account, debit or credit card details of the User strictly confidential and shall retain the same in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made there under.
The Company does not sell or rent or otherwise disclose User’s personal information to third parties for their marketing purposes without the explicit consent of the user and the Company only uses such information in the manner described in the Privacy Policy. If the user does not agree to his Information being transferred or used in this way please do not use the Website.

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