1.The Nirmaan.com Website/Application, mobile applications - “Nirmaan” on Google Android Play Store(https://play.google.com/store/apps/details?id=com.infrabag), including digital applications and other media formats (“Website/Application/Application”) is an internet based e-commerce portal.
2.Through the Website/Application/Application, we are promoting business of selling/purchasing of all kinds of building products. The persons selling the Products over the Website/Application/Application are hereinafter referred to as “Sellers” and the persons purchasing the Products over the Website/Application/Application are hereinafter referred to as “Buyers”. The Sellers, Buyers and any other person including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content accessing the Website/Application/Application are hereinafter referred to as “User(s)” or “you” or “your” or “yourself” as the context requires.
3.These terms and conditions (“Terms”) along with the privacy policy set out at [insert link] (“Privacy Policy”), together constitute the agreement between a User and the Company, governing usage of the Website/Application/Application by a User (“Agreement”) and are legally binding.
1.Use of the Website/Application/Application is offered to the User conditioned on acceptance without modification of all the terms, conditions, and notices contained in this Agreement and the Terms, as may be posted on the Website/Application/Application from time to time. For the removal of doubts, it is clarified that the use of the Website/Application/Application by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the Terms. If the User does not agree with any part of such terms, conditions, and notices, the User must not use the Website/Application/Application.
4.The Company reserves the right to add, modify, amend, cancel, limit, vary or change the terms, conditions, and notices, either wholly, or in part, at any point in time, under which the Services are offered through the Website/Application/Application. Further, the Company reserves the right to withdraw, suspend, alter, modify, change or vary the Website/Application/Application, the Website/Application/Application features, the Site content or parts thereof, at its sole discretion, without prior notice. All modifications/amendments to the Terms will be posted on the Website/Application/Application and will become effective immediately upon such posting on the Website/Application/Application. Your continued use of the Website/Application/Application after such change or modification shall be deemed to be your agreement to the revised/modified Terms. The User shall be responsible for regularly reviewing these terms and conditions.
1.By agreeing to these Terms, you represent that You are at least the age of majority. Use of the Website/Application/Application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, you shall not register as a User at Our Website/Application/Application and shall not transact on or use the Website/Application/Application. We reserve the right to terminate Your registration and/or refuse to provide You with access to the Website/Application/Application if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
* If the User opts to register himself on the Website/Application/Application, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id and shall be fully responsible for all activities that occur by use of such password or user id. The User agrees and undertakes to immediately notify the Company of any unauthorized use of the User’s password or user id and to ensure that the User logs off at the end of each session at the Website/Application/Application. The Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
* The User also agrees to: (a) provide true, updated, accurate and complete information about himself as prompted by the registration form (“Registration Data”) on the Website/Application/Application; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User’s registration and refuse any/all current or future use of the Website/Application/Application and/or any Service. The Company is not obligated to cross-check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. By accessing and/or completing the online registration process on the Website/Application/Application and by creating a User profile, the User confirms its acceptance of the Agreement.
* Furthermore, the User grants the Company the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
2.As a condition of the use of the Website/Application/Application, the User warrants that they will not use the Website/Application/Application for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms including both specific and implied. In addition, the Website/Application/Application shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website/Application/Application. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website/Application/Application.
1.Registration on the Website/Application/Application is free for the Users. We may at Our sole discretion introduce new Services and modify some or all the existing Services offered on the Website/Application/Application. In such an event We reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be.
1.When You use the Website/Application/Application or Application to communicate with 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 tele-calling or Application by such other mode of communication, electronic or otherwise, as deemed appropriate for communication at that point of time.
1.We reserve the right, at our sole discretion, to terminate the access to the Website/Application/Application and related Service or any portion thereof, to a User at any point after registering on the Website/Application/Application, without assigning any reason for the same.
2.You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
1.The Company has endeavoured to ensure that all the information on the Website/Application/Application is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. The Company makes no warranty of any kind, express, implied, statutory or otherwise, concerning the Website/Application/Application and/or its contents and disclaims any and all implied or express warranties of fitness for a particular purpose to the maximum extent permitted by applicable law and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained on the Website/Application/Application. No advice or information, whether oral or written, obtained by you from the Website/Application/Application or Services shall create any warranty not expressly stated in the Terms.
2.Although the Company makes reasonable commercial efforts to ensure that the description and content provided by the Seller on each page of the Website/Application/Application is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, the Company is not the Seller and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the Sellers.
3.The Company, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or using the Website/Application/Application or that the operation of the Website/Application/Application will be error-free and/or uninterrupted. Consequently, the Website/Application/Application and/ or the Company takes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website/Application/Application; and/or any interruption or errors in the operation of the Website/Application/Application.
4.The Company reserves the right to introduce and initiate new features, functionalities, and components to the Website/Application/Application and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. The Company may also prescribe certain limits on the use of the Website/Application/Application and/or Services or storage of User Content or Company content at its sole discretion without any prior notice to you while at all times complying with the Privacy Policy.
5.You agree that the Company shall have no responsibility for any losses/damages suffered by you in connection with the use of this Website/Application/Application or any content contained therein, or any loss/damage suffered in the event of default or misrepresentation by any other user of this Website/Application/Application. You also represent that you have not ever been accused of any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status.
6.In no event shall the Company be liable for any losses including direct, indirect, punitive, exemplary, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Products and/ or Services; (b) the cost of procurement of substitute Products and Services or resulting from any goods, information or services purchased or obtained or transactions entered into on the Website/Application/Application; (c) any other matter relating to the Products/Services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/Application/Products/Services.
7.Further, the Company shall not be held responsible for the non-availability of the Website/Application during periodic maintenance operations or any unplanned suspension of access to the Website/Application that may occur due to technical reasons or for any reason beyond the Company’s control.
8.The maximum liability on part of the Company arising under any circumstances, in respect of any Products/Services offered on the Website/Application, shall be limited to the refund of total amount received by the Company from such transaction less any other charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
You agree, undertake, and confirm that Your use of Website/Application shall be strictly governed by the following binding principles:
1.The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, obtained from the Website/Application. 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 Website/Application is not permitted.
2.You shall not use any “deep-link”, “page-scrape”, “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 Website/Application or any Content (defined hereinafter), or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/Application. We reserve Our right to bar any such activity.
3.You shall not attempt to gain unauthorized access to any portion or feature of the Website/Application, or any other systems or networks connected to the Website/Application or to any server, computer, network, or to any of the Services offered on or through the Website/Application, by hacking, password “mining” or any other illegitimate means.
4.You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website/Application or any transaction being conducted on the Website/Application.
1.Unless otherwise indicated, the Website/Application is our proprietary property and all source code, databases, functionality, software, Website/Application designs, audio, video, text, photographs, and graphics on the Website/Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Website/Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website/Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.Provided that you are eligible to use the Website/Application, you are granted a limited license to access and use the Website/Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website/Application, the Content and the Marks.
1.We are not responsible if information made available on this Website/Application is not accurate, complete, or current. The material on this Website/Application is provided for general information only and it should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this Website/Application is at your own risk, we will not be responsible in any manner whatsoever.
2.We do not warrant that product description or other Content on this Website/Application is accurate, complete, reliable, current, or error-free and we assume no liability in this regard.
3.Content on the Website/Application is displayed on "AS IS" basis, in the form received from the Sellers. While the Company tries to offer reliable data, the Company cannot promise that the Content as received from the Seller will always be accurate and up-to-date, and You agree that You will not hold the Company responsible for inaccuracies in the Content as received from the Seller.
1.We have made every effort to display as accurately as possible the colours and images of the products that appear at the Website/Application for sale by the seller.
2.We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that We offer. Any offer for any product or Service made on this Website/Application is void where prohibited.
3.We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.
4.The Seller is responsible to adhere with all the details, specifications, and necessary information for the Products supplied by it in accordance with applicable laws on the Website/Application. The above-stated details, specifications and necessary information shall form the basis for the Buyer to verify that the Product matches the listed description as well as to identify any deficiency in the Product. The Seller shall be solely responsible for the accuracy of all information and/or other information relating to the Products including their availability.
5.The Seller has the sole liability to verify and determine whether the Products supplied by it are in accordance with the specifications mentioned
1.The price of the Products shall be displayed in Indian Rupees (INR). The price unless specified otherwise is inclusive of all applicable charges, fees, duties, taxes, levies, and assessments for the Products/Services that the User may be required to pay in connection with such a transaction.
2.The availability of the Products is subject to change, without notice, prior to the purchase of the Product by You. However, there may be circumstances where the Product may not be available to be delivered to You after the purchase transaction. In such an event, You may cancel or instruct us to cancel the such transaction without any recourse and/or liability to the Company. If Your order is so cancelled after some payments for the order have been processed, the said amounts will be reversed to the Buyer in accordance with the Agreement.
1.The Buyer agrees and acknowledges that the Buyer will have to make the requisite payment for the Products and /or Services availed by the Buyer on the Website/Application. Upon payment of the consideration for the Products, the Product shall be delivered to the Buyer, in accordance with the Delivery Policy, which is incorporated herein for reference.
2.We accept the following forms of payment: Debit & Credit card, Net Banking - NEFT/RTGS/IMPS, UPI.
3.The Buyer agrees to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Application. The Buyer further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in Indian Rupee.
4.We reserve the right to refuse any order placed through the Website/Application. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
5.The Buyer shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments payable for the Products/Services.
1.The Buyer recognizes and agrees that all sales are final, and the Buyer shall not be entitled to a refund for any purchase under any circumstance.
1.We may attempt to notify the Buyer by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.
2.The Buyer agrees to provide current, complete, and accurate account information for all purchases made at Our Website/Application. The Buyer agrees to promptly update the account and other information, including the Buyer’s email address, so that We can contact the Buyer as needed.