This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The internet resource www.buildsuvidha.com (hereinafter referred to as "Website") and the mobile application ‘buildsuvidha’ (the "Application"), hereinafter collectively referred to as the "Platform" is owned by BuildSuvidha India Private Limited, a company registered under the Companies Act, 2013, as amended, and having its registered office at Level 2,3,4, Plot No 264, Unit 301, Inani House, Kavuri Hills, Madhapur, Hyderabad – 500033, Telangana, India (hereinafter referred to as ‘Company’).
This document in its present form is the property of BuildSuvidha India Private Limited and shall belong to the parent company, its subsidiaries and assigns as may be created from time to time.
"Content" refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
"Registration Data" refers to the mandatory and optional data that is submitted by Users to use the Platform and/or avail the Services.
"Third Party" refers to any person other than the "User" or "Vendor".
"Vendor" refers to third-party sellers and/or service providers, making available their services and / or products through the Platform.
"Vendor Content" refers to the content made available by the Vendor through the Platform.
"We", "Us", "Our", "BuildSuvidha" shall mean the Company.
"You", "Your", "User" refers to the natural or legal person and representatives of legal entities who has gained access to the Platform by providing Registration Data while registering on the Platform. The term shall also refer to any person visiting, accessing, browsing, placing an order through, or otherwise availing Services through the Platform.
"Your Content" refers to any content submitted by way of registration or in connection with use of the Platform or for availing Services, including but not limited to the content submitted for the purpose of purchase of any products displayed on / through the Platform. General
By accepting these Terms, you are entering into a legally binding Agreement ("Agreement") with us. This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to use of individual Services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
Registration as a User
- The browsing of the Platform is available to all Users, including unregistered Users.
- Access to specific areas of the Platform is only be available to registered Users. To become a registered User, you will be required to provide Registration Data. You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate.
- If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform.
- By providing Registration Data, you agree to undergo a Registration Data verification process. We may use Third-Party services for the aforesaid verification process and you hereby agree and accept to be bound by the terms and conditions of such Third-Party.
- In the event you find any content on the website which you deem is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law, you are requested to report such content to firstname.lastname@example.org . On receiving such report, the company reserves the right to investigate and/or take such action as the company may deem appropriate.
You are a restricted user of this Platform.
- You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
- You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited. You acknowledge and agree that by accessing or using the Platform or Services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Platform. Further, you may report such offensive content.
- In places where this Platform allows you to post or upload data/information, including in the form of RFP, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;
- b) Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;
- c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) Publish, Post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- e) Post any file that infringes the copyright, patent, or trademark of other legal entities;
- f) Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;
- g) Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;
- h) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;
- i) Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
- j) Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
- k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- l) Violate any applicable laws or regulations for the time being in force within or outside India;
- m) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- n) Publish, post, disseminate information that is false, inaccurate, or misleading;
- o) Directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, 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;
- p) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers/service providers.
We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
When you use the Platform 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 or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is for various industry verticals with construction materials and services as primary focus which allows Users to meet and interact with one another for their transactions. BuildSuvidha is not and cannot be a party to or control in any manner any transaction between the Platform Users.
The Platform allows Users to discover products, request for prices, place enquiries and orders, cancel/return orders and interact with Vendors. We are not a party to interactions between the User and the Vendor and take no liability that arises from any such communication.
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include with or without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. BuildSuvidha does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by BuildSuvidha.
- Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities doesn’t meet the minimum order quantity, unavailability / shortage of products or exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product. What comprises a minimum order quantity or any other reasons for cancellations shall be based on various factors and at the sole discretion of the Seller and may vary from buyer to buyer.
- BuildSuvidha does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. BuildSuvidha does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. BuildSuvidha accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- BuildSuvidha is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. BuildSuvidha cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. BuildSuvidha shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- BuildSuvidha does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
- BuildSuvidha does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- At no time shall BuildSuvidha hold any right, title or interest over the products nor shall BuildSuvidha have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. BuildSuvidha is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. BuildSuvidha is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
- At no time shall BuildSuvidha hold any right, title or interest over the products nor shall BuildSuvidha have any obligations or liabilities in respect of such contract.
- BuildSuvidha is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
- Our Services to the User ancillary to the intermediary services include curation of the prices provided by Vendors, facilitation of payments through approved Coupons, Payment Gateways, collection of advance payments, facilitation of credit, etc.
Business purchases on the Platform.
- Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products.
- ◦ GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you
- ◦ Entity name of your registered business, as provided by you
- ◦ Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
- ◦ For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
- ◦ The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
- ◦ If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
- ◦ BuildSuvidha is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
- ◦ BuildSuvidha and Seller shall not entertain any request for any revision in the GST Invoice. BuildSuvidha and Seller shall not be liable for Your default including for reasons associated with details provided by You.
- ◦ BuildSuvidha will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
- ◦ You shall be solely liable for all compliances required under applicable laws.
- ◦ You shall be solely liable if the reversal of input credit is not done on the credit note(s) issued by Seller(s) for whatsoever the reasons.
- ◦ You agree to indemnify and hold BuildSuvidha and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with
- the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and
- your non-compliance with the applicable laws or
- your use or misuse of any third-party’s details including GSTIN.
- ◦ BuildSuvidha has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
- ◦ Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify BuildSuvidha 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 Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, BuildSuvidha cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
RFP’s, Responses, and Orders
- As a registered User of the Platform, you may post your requirement and Request a Proposal (“RFP”) from Vendors. The information made available by you in the form of the RFP, and the contents therein, including requirements is made available to Vendors through the Platform.
- The company may add, change, discontinue, remove or suspend any other content posted on the Platform, including features and specifications of products described or depicted on the Platform, temporarily or permanently, at any time, without notice and without liability.
- Any Vendor may, at their sole discretion, respond to the RFP’s with the requisite details that may include the product prices, terms of sale, terms of shipment / transport, etc. These responses by the Vendors to RFP’s are not contractual offers but invitations to offer, facilitated through the Platform.
- The contents of the RFP and the response are private and confidential between the Vendor and the User.
- The curation of RFP responses is a system driven process designed on business rules of the Platform. Such rules are subject to change, based on new ideas, parameters, inputs, or at our discretion.
- In the event you so desire, you may place orders with Vendors based on the RFP responses received, or other terms agreed upon between you and the Vendor. Your act of placing an order (hereinafter “Order”) for any Vendor products provided on or through the Platform shall be deemed to constitute a contractual offer that may be accepted or rejected by the Vendor, at their discretion.
- Once an Order is placed, you may, if you wish to do so, amend or cancel the Order as per the Cancellation Terms.
- The company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the company’s systems as well as Vendor and User interests are and remain, well-protected. To this end, the Company may take various steps to verify and confirm the authenticity, enforceability and validity of Orders.
- If the Company, in its sole and exclusive discretion, concludes that Orders are not or do not reasonably appear to be, authentic, enforceable or valid, the Company may cancel the said Orders at any time up to 24 hours after the Order has been placed.
When you use the Services, place Orders, or avail appropriate discount Coupons, you may be required to pay for them either on the Platform or other modes of payment accepted by the Company. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with
The following payment options are/or may be made available on the Platform:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks.
- Visa & Master Card & Debit cards.
- Net banking/Direct Debit payments from select banks in India. A list of available options will be displayed at the time of ‘checkout’.
- Mobile Wallets. A list of available options will be displayed at the time of ‘checkout’.
- any other mode of payment, as may be decided and made available on the Platform
The User is hereby expressly made aware that his/her financial statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of Third-Party statements including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
In the event of unreasonable delays in honouring due payments, the User hereby grants to the Company and its representatives the right to recover the products supplied to the User or any other material equivalent to the outstanding payments or any other deemed fit.
In the event the User is absconding, the User hereby authorises the Company and its representatives the the right to enter the office or other premises of the User to recover the products supplied to the User or other products for the equivalent value of outstanding dues.
Cancellations and Refund Policy
Cancellations will only be accepted within 12 hours of placement of an order or if your order has not yet been shipped, whichever is earlier.
If payment is done online (credit card, debit card, UPI payments, Payments Gateways etc.,) will be issued to the original account provided at the time of purchase or as disclosed in the Bank Details section in My Account, as per request of refund, and in case of payment gateway name payments refund will be made to the same account.
Compliance with Laws
All Users and Vendors shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999, and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002, and the rules made there under, Foreign Contribution Regulation Act, 1976, and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Platform.
By using this Platform, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, text messages, videos, images, and other data from us, and/or Vendors at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.
In the event you avail Services, we may send confirmation, cancellation, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by you or through information about you received from other parties. This consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
All text, graphics, photographs, trademarks, designs and artwork collected from publicly available information or those provided by Vendors or their agents or representatives (collectively, “Vendor Content”), is third-party generated content and we have no control over such content.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is prohibited.
Intellectual Property Rights
This Platform and the Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding Vendor Content and Posted Content is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.
You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’ proprietary information.
There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.
From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.
From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT
- (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- (II) MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- (III) YOUR POSTS, YOUR REQUIREMENTS, AND YOUR RFP’S WILL BE CONVEYED IN THEIR ENTIRETY TO THE VENDOR;
- (IV) VENDORS WILL RESPOND TO YOUR RFP’S;
- (V) THE VENDOR RESPONSES WILL BE ACCURATE REFLECTIONS OF THE CONSIDERATION THAT MAY BE INVOLVED IN THE PROPOSED TRANSACTION;
- (VI) THE VENDOR RESPONSES DISPLAYED TO YOU, CURATED OR OTHERWISE, WILL BE ACCURATE OR UPDATED;
- (VII) THE PRODUCTS WILL BE DELIVERED TO YOU AS PER THE SCHEDULE DISPLAYED;
- (VIII) ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES, OR OTHER MATERIALS, WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR VENDOR CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. ANY ADVERTISEMENTS SHOWN ON THE PLATFORM WITH RESPECT TO THE THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY.
INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:
- to retrieve information about the device;
- to retrieve information about other applications running on the device the application has been installed on;
- to access information about accounts on the device;
- to read from, write on, modify, and delete data pertaining to contacts on the device;
- to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
- to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- to determine your exact location from sources such as, but not limited to GPS;
- to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
- to detect when the device had been switched off and switched on and to identify the status of the device;
- to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;
- to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;
- to access the camera on the device and record photographs and videos;
- to access the microphone on the device and record audio;
- to access and change the display and sound settings of the device;
- to capture audio output;
- to interact across users on the device;
- to pair with Bluetooth devices;
- to run at start-up of the device;
- to draw over other apps on the device;
- to control vibration of the device; and
- to prevent the device from sleeping.
We make reasonable attempts to clear the Platform of viruses and worms but cannot ensure that the Platform will be at all times free from viruses and/or other malware. You are urged to take appropriate safeguards before downloading any content from the Platform. We accept no responsibility for any damages to computer equipment or other property which may result from use of the Platform or downloading anything from the Platform.
All disputes will attempt to be resolved amicably by mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Hyderabad and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Hyderabad, Telangana, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.
Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at email@example.com
- The company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The company shall have no obligation to take the needs of any user into consideration in connection therewith.
- The company reserves its right to deny in its sole discretion any user access to this Platform or any portion hereof without notice.
- The chat feature provided on the Platform shall be used solely for communications between the User and the Company and shall not be used for any unlawful or illegal purposes whatsoever.
- The User Obligations set forth in these Terms shall extend to all interactions through the chat feature on the Platform.
- In the event we receive reports of misuse of the chat feature by you, we shall disable your access to the chat feature on the Platform.
- If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
- Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
- No waiver by the company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.
- From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User and, if applicable, provide suitable updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.