User Agreement

This document is an electronic record as per the Information Technology Act, 2000 and rules framed there under as amended by the Information Technology Act, 2000. This is a computer generated electronic record and does not require any physical or digital signatures. This document is published in accordance with the Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing of privacy policy, the rules & regulations & user agreement for access or usage of www.buildersguru.in (the website) The website is the property of Prajot E-Services Private Limited (the Company). Any person using, surfing or having any access to the website including any sub-domains, webpages or any extension of the website or making any enquiry on the website shall be deemed to have read, understood and accepted the terms and conditions, rules and regulations as contained in this User Agreement. Please read the terms and conditions carefully before using the website.

Salient Features:

Business Model:

The website apart from trading also operates on marketplace model providing platform/virtual showrooms to sellers to load their products directly.

ii. Eligibility:

This website may be used only by a person who has attained the age of majority.

iii.Registration process:

Any user willing to use the website (either for sale or purchase) will be required to register himself on the website.

iv.Nature of agreement:

Any user willing to use the website (either for sale or purchase) will be required to register himself on the website.

v) Returns and Refunds:

The Company offers a Five (5) days return policy which is binding on sellers.

vi) Any change in the terms of the User Agreement or usage of this Website:

The Company reserves the right to change, alter or amend any or all the terms and conditions as contained in this User Agreement at its sole discretion.

GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated and published on this website shall be governed and construed in accordance with the laws of India and shall be subject to the jurisdiction of the Courts at Coimbatore only.

1.Interpretations:

(a) Any reference to Recitals, Clauses and Annexures are to the recitals, clauses and annexures of and to this Agreement.
(b) Words importing the singular include plural, words importing any gender include every gender.
(c) Headings used in this Agreement are for convenience or reference only and shall not govern or affect in any manner, the construction or interpretation of this Agreement including any Recital, Clause or Annexures hereof.

Definitions

(i) Delivery / Delivered means actual physical delivery of the products ordered by the buyer after opting for a suitable mode of payment of his choice at an address specified by him/ her at the time of placing the order through an appropriate mode of delivery.

(ii) Dispatch/ Dispatched shall mean that the products as ordered by the buyer on the website by opting a suitable mode of payment have been dispatched by the seller through Logistics Partner at the address communicated by the buyer at the time of placing the order. Any change in the address provided by the buyer for delivery of products will not be acceptable once the order has been placed.

(iii) Dispatch Details means the information, data, details or documents as may be provided by the seller against the dispatch of the products for orders received by it and providing the same to the Company for posting on the website as a proof that the products as ordered by the seller have been dispatched and/or Delivered, as the case maybe.

(iv) Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the website at the time of registration with the website, buying or listing process or through any email feature and shall include, without limitation User’s name, email address, billing/shipping address, phone number and banking / financial information

(v) Issuing Bank in respect of a buyer, means any branch of a bank with which the buyer holds a valid operational bank account or the bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer.

The Company shall accept payments from the Buyer against their orders only through the banks as listed while selecting the on-line payment mode. The company further reserves the right to add, remove or temporarily suspend any one or more banks for accepting the payment.

(vi) Logistics Partner shall mean a logistics and courier company(s) of good repute appointed by the Company for providing the services of collection and delivery of products, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require from time to time.

(vii) Payment on Billing shall mean a Transaction where the payment for the products purchased through the website is made either through the (i) payment gateway or (ii) the buyer, subject to the consent from the relevant seller has opted to deposit the Transaction Price directly in the bank account of the Seller either by way of cash, cheque, demand draft or any other mode of payment as may be acceptable to the seller and such payment of the Transaction Price is credited to the bank account of the Seller within three (3) days of placing the order by the Buyer.

(viii) Payment on Delivery shall mean a Transaction where the payment for the products ordered by the buyer is made by the Seller at the time of delivery of products to the logistics partner. All payments made by the seller against delivery will be in cash or through valid cards only and no other mode of payment will be acceptable.Payment on delivery may not be available in all the cities in India and the company reserves the right to offer or withdraw this mode of payment in any city across India.

(ix) Products shall mean and include all the items as listed by third parties on the website and offered for sale to the User’s of this website.

(x) Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the products listed by the Seller on the Website.

(xi) Transaction Price means the price to be paid for the products as ordered by the buyer through www.buildersguru.in from time to time.

(xii) User shall mean any natural or legal person who agrees to have accepted the terms and conditions contained in this User Agreement and uses this website for any purpose by registering himself as a member of the website by providing the required details and filling up the user registration form. The registration process will be deemed to have completed on obtaining a unique username and a secret password by the User for using the website.

(xiii) Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction with the website as well as at the time of claiming refund from the website, if any.

(xiv) Valid Bank Account shall mean a valid and operational bank account in the name of the User for which the User has the rightful and legal ownership and has the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Bank Account of the Buyer and in respect of the Seller be referred to as the Bank Accountof the Seller. Any such bank account will be considered to be valid bank account only if it is either maintained with a branch of a nationalized bank as per applicable Indian laws or other is registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].

(xv) Payment gateway Facility means automated electronic payment or collection and remittance facility provided by the Company to Buyers and/or Sellers to facilitate purchase and sale of products and making payments on the website directly through banks or financial institution or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.

ELIGIBILITY:

(i) This website, as per applicable laws may at any time be used or accessed only by such person who has attained the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.

(ii) If any User is using or accessing this website on or behalf of a business entity (public or private limited company, LLP or such other entity), such user will be deemed to have a valid and a legal authority to have accepted the terms and conditions as contained in the User Agreement and other documents on behalf of any such business entity.

REGISTRATION PROCESS:

(i) Any user willing to avail the services of the Website will have to fill in the required information in the applicable registration form as provided on the website under:

“Sell with us” for the Sellers
"Sign-in” for the Buyers

(ii) On successful submission of the applicable registration form the user will be deemed to have agreed and accepted the terms and conditions as contained in the buyer and seller agreement. The buyer and seller agreements are provided separately in the respective segments of this website. Terms and conditions of the Sellers and Buyers Agreement, unless repugnant to the context, would be in applicable to the Parties, in addition to the terms and conditions, contained herein. On completion of the registration process each user will be eligible to use the website for placing the order for any product displayed on the website or for offering any product for sale, as may be separately agreed and will be provided with a login ID and password. Maintaining the secrecy and confidentiality of such login ID and password shall be the sole responsibility of such user individually. The website will grant access to any person who logs in the website with any valid user name and password and will not be responsible for any activities conducted on the website under the same. The company, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of login ID and password for any user.


(iii) Any person to be eligible to sell products on or through this website will also be required to fill in the required details and provide necessary documents as per the registration form as provided on the Website and submit/ upload the same for approval of the Company. (iv) Any user will be solely responsible for the accuracy and completeness of information while registering with the website or any change thereafter. If at any time any user is found to be providing any false or misleading information about his identity or any other related information the company reserves the right to suspend, terminate or block or access to the Website by such user in any manner whatsoever. The Company or the website will not at any time be responsible or liable for the accuracy, legality and appropriateness of the information that may be provided by any user of the Website.


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.

BREACH

(i) The Company may at any time at its sole discretion without having any limitation over other remedies the Company may cancel any Transaction or payments made by the User, limit or restrict any user’s activity, remove a user information or listings, warn other Users of other users actions, forthwith temporarily/indefinitely suspend or terminate or block any user’s membership, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit if:
(a) A user is found to breach of any provision of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
(b) If a user is found to misuse of the Payment Gateway Facility.
(c) The Company is unable to verify or authenticate any information provided by any user
(d) The Company believes that the user’s actions may cause legal liability to the Company, other Users. No actions, omissions or decisions taken by the Company, mentioned hereinabove shall waive any rights or claims that the Company may have against the User and any decision taken by the Company in this regard shall be final and binding on the Parties.
(ii) If the account of any User is suspended or blocked by the Company, such user should not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company. Not with-standing the above, if a user is found to breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by the user to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against the user.
Any change in the terms of the User Agreement or usage of this Website:
The Company reserves the right to change, alter or amend any or all the terms and conditions as contained in this User Agreement or any other content of this website without serving any prior notice/ individual intimation to the users of this Website. Any such change, alteration or amendment in the user agreement or any other content therein will only be notified on this website and shall be effective from the date of such notification, unless otherwise specified. The Company may at its sole discretion and at any time deny access of this Website to any user who the Company believes to be misusing the website in any sense. Any decision taken by the Company in this regard will be final and binding on the user. The Company may at its sole discretion send notices of any such change, amendment or alteration, as specified above to the individual user by sending them an e-mail, as provided in the user registration form.

INDEPENDENT STATUS:

Parties’ relationship under this Agreement is independent and nothing in this agreement is intended to, or should be construed as creating a partnership, agency, joint venture or employment relationship between the Company and any of its users or within the users

SEVERABILITY:

If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, for any reason, other than those provisions as to which it is held invalid or unenforceable the remaining provisions of this User Agreement shall continue in full force and effect.

EFFECTS OF AN EVENT OF FORCE MAJEURE

Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Force Majeure Event.
However, if either party wishes to claim protection in respect of a Force Majeure event, it shall, as soon as possible following the occurrence or date of commencement of such Event of Force Majeure, notify the other Party of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the other Party informed until such time as it is able to perform its obligations.
"FORCE MAJEURE" means an event beyond the control of the User and the Company, which prevents a either Party from complying with any of its obligations under this Agreement, including but not limited to:
(a) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
(b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo; (c) rebellion, revolution, insurrection, or military or usurped power, or civil war;
(d) Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
(e) Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or acts or threats of terrorism

TRANSFER AND ASSIGNMENT:

The Company may at its sole discretion assign or transfer its rights and obligations under this User Agreement hereunder to any other person without the User’s prior consent.

GRIEVANCE OFFICER:

In case of any grievance, objection or complaint by the user with respect to the Website, other Users, or any of its services including any complaints or enquiry about suspension, termination or blocking an account the user may raise such grievance or complaint Firstly with customercare@buildersguru.in and if not satisfied with the response can escalate to grievanceofficer@buildersguru.in and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
Name & Contact details of Grievance officer is as follows:
Mr. Prakash Sharma
grievanceofficer@buildersguru.in
The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made there under.

NOTICE:

(i) Except as explicitly stated otherwise, any notices directed to the Company shall be served electronically by given by sending an email to customercare@buildersguru.in and any notices to be served by the Company to any of its User shall be sent at an email address provided by each user at the time of registration
(ii) All such notice shall be deemed to be served after a period of 24 hours from the time the e-mail was sent, unless the email address provided is found to be invalid. Alternatively, the company may serve notice by registered mail, postage prepaid and return receipt requested, to the address provided to the Company in the user registration form. In such case, notice shall be deemed to be served after a period of 3 days from the date of dispatch.

ENTIRE AGREEMENT:

This user Agreement together with the rules and policies embodies the entire agreement and understanding of the parties hereto, and supersedes all prior or contemporaneous written or oral communications or arrangements between the Parties.

ARBITRATION

Any disputes or differences arising out of or in relation to this User Agreement or any other related document or any service offered by the Company through this website the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party appointed by the Company. Any decision of the company with regard to the appointment of the sole arbitrator shall be final and binding. The place of arbitration shall be Coimbatore. The arbitration proceedings shall be in English language and shall be governed by the provisions of the Arbitration & Conciliation Act, 1996.

GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated and published on this website shall be governed and construed in accordance with the laws of India and shall be subject to the jurisdiction of the Courts at Coimbatore only.

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