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Terms Of Use

The website, www.constrobazaar.com and mobile application for android and iOS (Mobile App) (“The Website” or “Site” and Mobile App) is an electronic web based platform which facilitates and acts like an online purchase manager for all the needs of construction materials/ products and services. (“Services”) It minimises your purchase hassles and helps you save time, energy and costs. It is owned and managed by ConstroBazaar Private limited ("Company") headquartered at 1, Richmond Park, Opposite Orchid School Baner Pune- 411045, Maharashtra, India.

Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following terms and conditions ("Terms"/ "Terms of Use") and privacy policy ("Policy"). It is mandatory for all users of the Site to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the Services of the Website. The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Indian laws. For the purpose of these Terms, wherever the context so requires "You" or "Your" or "User" shall mean any natural or legal person who has agreed to access the website to avail the Services of Constrobazaar.com and "We" or "Us" or “Our” “It” shall mean the website Constrobazaar.com. ConstroBazaar Private limited may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site. By using www.constrobazaar.com/ Mobile App, you acknowledge and enter into agreement to our Terms and Policy set out below and you agree that you will be bound by the Terms contained in this agreement ("User Agreement") www.constrobazaar.com/ Mobile App will act with integrity towards its customers and make best endeavours to procure materials from a reliable source; Constrobazaar.com is not a stockist of materials and relies on supplies from other sources.

I.   Definitions

  1. Users for the purposes of this Agreement means and includes a "User" is any person who accesses the Site or the Mobile App for whatever purpose, regardless of whether said User has registered with www.constrobazaar.com as a registered User/ Member or whether said User is a paying customer for a specific service provided by Constrobazaar.com (“Buyer”) or is a manufacturer or a stockist of materials offering products/ services on our Website or Mobile App for Buyers (‘ “Seller”). A User means only those individuals, firms or companies who can form legally binding contracts under the Indian laws.
  2. Content for the purposes of this Agreement means and includes not being limited to web-pages, hyper-links, tools, information, software, text, graphics, links, video etc.
  3. Free Services means services availed by any User who joins this web portal of www.constrobazaar.com or the Mobile App either to list his/her/its requirements, creates wish list or just with the intention to enlist his/her/its listing and showcasing availability of stocks, materials, products, services etc.
  4. Paid Services for the purpose of this Agreement: access to this web portal www.constrobazaar.com or Mobile App and certain features are provided to all Users free of charge. However, we reserve the right, without prior notice, to restrict access to certain areas or features of the Website or Mobile App ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services may be governed by additional terms and conditions under separate agreements in addition to this Agreement. The Company reserves a right, without prior notice to you, to make Services provided by it subject to payment for use.
  5. Registered User/ Member Includes a Buyer and a Seller.
  6. Third Party Content for the purpose of this Agreement means certain Content displayed on this Website or Mobile App, provided or posted by third parties.

II.   Application and Acceptance:

  1. The following are the terms of the Agreement between You and Constrobazaar.com. By accessing, or using this Web site or Mobile App, you acknowledge that you have read, understood and agree to be bound by these Terms and Privacy Policy and to comply with all applicable laws and regulations, including but not limited to export and re-export control laws and regulations if any applicable to you. If you do not agree to these terms, please do not use this Website.
  2. We may without notice to You, at any time revise these Terms of Use and any other information contained on this Website and Mobile App The Company may also make improvements or changes in the Services or programs described in this Website and Mobile App at any time without notice; you agree that these amended Terms will apply to you.
  3. You may not use the Services and may not accept the Terms if,
    • You are not of legal age to form a binding contract with Constrobazaar.com as use of the Website and Mobile App is available only to persons who can form legally binding contracts under applicable Indian laws for this purpose. Persons/Users who are "incompetent to contract" within the meaning of applicable Indian Laws or any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. You shall not offer, sell, purchase or bid for any products/ services offered on the Website or Mobile App if you are not eligible to be bound by legal contracts; or
    • You are not permitted to receive any Services under the laws of India or other countries / regions including the country / region in which you are resident or from which you use the Services.
  4. You may be required to enter into a separate agreement, whether online or offline, with Constrobazaar.com or our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
  5. If Constrobazaar.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
  6. Your use of our Website or Mobile App and all the web-pages, hyper-links, tools and services provided there under (which shall include successor or replacement website/mobile application) is governed by the following Terms as applicable to the Website/Mobile App ( ”User Agreement” ). This User Agreement shall come into effect upon your each visit or usage of the Website/Mobile App, upon you providing any information or upon your registration on the Website/Mobile App In this User Agreement, you are contracting with Constrobazaar.com.
  7. We reserve the right to limit, deny or create different access to the Website/ Mobile App and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.

III.   Provision of Services:

  1. This Website/ Mobile App is an electronic web based platform that facilitates an online purchase manager for all the needs of construction materials/ products and services. It should be noted that www.constrobazaar.com/ Mobile App is merely a market place platform for connecting Buyers and Sellers.
  2. Please note the applicability of the following if you are a "Buyer" :
    • You may be required to register on Our Website portal/ Mobile App as a Buyer to access our Services and help us serve your requirements
    • Although Our Services for the time being are free, we reserve a sole right to reverse our Free Services to Paid Services without prior notice, we thus request you to check our Website/ Mobile App from time to time.
    • While using our Services, You may be prompted to disclose certain information about yourself and your requirements. This information will be sent to matching Sellers. Sellers. You agree to provide us with your current, accurate contact information to the best of your knowledge. Thus your acceptance of this User Agreement expressly indicates your acceptance to disclose your personal information in accordance with our Privacy Policy.
    • We make best endeavours to enlist highest quality of Sellers, but it should be noted that we may not be able to match your material/ services requirements from Sellers.
    • We do not undertake to guarantee the credentials of Sellers who may supply their goods and services through our Website/ Mobile App.
    • As www.constrobazaar.com is a marketplace platform for connecting Buyers and Sellers, we do not guarantee the quality and safety of products being sold, You should exercise caution as you would typically exercise with purchase of any products and services.
    • You may be required to furnish complete details of your contact details and mailing address details in order for us to provide our Services and connect you better to the Sellers.
    • You agree that by placing an order you are entering into an agreement with Us to establish a business relationship with Our Sellers for your requirements, and thus agree to be contacted by Us and our Sellers.
    • You acknowledge that you may be contacted by our Sellers enquiring about your orders, and you further consent expressly to be contacted by Us or them by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you.
    • Should you have a dispute with any Seller you must address such dispute with the Seller directly. You hereby agree to release Us (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes.
  3. Please note the applicability of the following if you are a "Seller" :
    • You may be required to register on Our Website/ Mobile App portal as a Seller to access our Services and help us connect you with our Buyers.
    • Although Our Services for the time being are free, we reserve a sole right to reverse our Free Services to Paid Services without prior notice, we thus request you to check our Website/ Mobile App from time to time.
    • While using our Services, You may be prompted to disclose certain information about yourself and your products/ services. This information will be sent to potential Buyers, You agree to provide us with your current, accurate contact information to the best of your knowledge. Thus your acceptance of this User Agreement expressly indicates your acceptance to disclose your personal information in accordance with our Privacy Policy.
    • We do not undertake to guarantee the credentials of Buyers who place order for goods/ seeking services through our Website/ Mobile App
    • We merely act as a facilitator and make best endeavours to connect you with your potential Buyers, thus we do not take a responsibility to convert your potential Buyers to “Buyers” who may place orders with you/ avail your services.
    • You may be required to furnish complete details of your contact and mailing address details in order for us to provide our Services and connect you better to the Buyers.
    • You agree that by accepting an order placed through Our Website/ Mobile App you are entering into an agreement with Us to establish a business relationship with Our Buyers for their requirements, and thus agree to be contacted by Us and our Buyers.
    • You acknowledge that you may be contacted by our Buyers enquiring about your products/ materials/ services, and you further consent expressly to be contacted by them or Us by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you.
    • You must place all of the products / services offered for sale in the correct category and describe them appropriately and in full.
    • You are particularly obliged to indicate possible conditions, rights of withdrawal and other restrictions in terms of the products /services being offered by You. You may be additionally required to provide information from time to time. You must at all times provide all information necessary for the potential Buyer to make a decision including but not limited to information relating in particular to, all transportation-related details and characteristics that increase the value of the products/ services being offered for sale as well as any restrictions and circumstances which may influence the value of the product/ service being offered for sale.
    • We are not obliged to verify the Seller information. However We reserve the right to check your offer for sale of products/ services before it is advertised on our Website/Mobile App
    • Should your products/ services offered for sale no longer be available as a whole or in part for reasons, You will be responsible to promptly delete such offer from the platform or modify it.
    • Should you have a dispute with any Buyer, you must address such dispute with the Buyer directly. You hereby agree to release Us (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes.
  4. Please note the applicability of the following for “Users” generally.
    • Constrobazaar.com states that you are contracting with Constrobazaar.com, in case you are a registered User/ Member on our Website’s portal/ Mobile App, and registered or resident in India. If you are registered in a jurisdiction anywhere outside or inside India, you are contracting with Constrobazaar.com Private Limited (incorporated in Jan-2016 with the Corporate Identity Number - CIN of the company: U52100PN2016PTC15). As some or part of the Services may be supported and provided by our affiliates, Constrobazaar.com may delegate some of the Services to its affiliates, who you agree may invoice you for their part of the Services.
    • Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Constrobazaar.com may in at its sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
    • Constrobazaar.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
    • Some Services may be provided by Our affiliates on behalf of Constrobazaar.com.
    • Each User/ Member represents warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
    • Upon becoming a User/ Member, you consent to the inclusion of the contact information about you in our Buyer and Seller Database and authorize Constrobazaar.com and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
    • Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.

IV.   Using the Website:

  1. As a condition of your access to and use of the Website/ Mobile App or Services, you agree that you will comply with all applicable laws and regulations when using the Website/Mobile App or Services.
  2. You agree to use the Website/Mobile App and Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Website, and (b) you will not copy, reproduce, download, compile or otherwise use any Content for the purposes of operating a business that competes with Constrobazaar.com, or otherwise commercially exploiting the Content. Systematic retrieval of Content from the Website/ Mobile App to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Constrobazaar.com is prohibited. Use of any content or materials on the Website/ Mobile App for any purpose not expressly permitted in the Terms is prohibited.
  3. You must read the Privacy Policy which governs the protection and use of personal information about Users in the possession of Constrobazaar.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
  4. Constrobazaar.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), or otherwise to such third parties' website. You are cautioned to read such website terms and conditions and/or privacy policies before using the Site. You acknowledge that Constrobazaar.com has no control over such third parties' web site, does not monitor such website, and shall not be responsible or liable to anyone for such website, or any content, products or services made available on such web site.
  5. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Constrobazaar.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
  6. You agree not to undertake any action which may undermine the integrity of Constrobazaar.com feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
  7. By posting or displaying any information, content or material ("User Content") on the Site or providing any User Content to Constrobazaar.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Constrobazaar.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Constrobazaar.com that you have all the rights, power and authority necessary to grant the above license.
  8. You agree that You will not display, upload, modify, publish, transmit, update, post or share any information which:
    • is fraudulent, misrepresents, misleads Us or other User/Member;
    • infringes any Intellectual Property of any third-party;
    • tries to gain unauthorized access to or exceeds the scope of authorized access to the or other areas of the Website or solicits information used to identify You for commercial or unlawful purposes from other Users;
    • distribute virus or any other technologies that may harm the Website or the interests or property of the Website Users or imposes unreasonable load on the infrastructure or interferes with the proper working of the Website.
    • Each User/ Member further represents, warrants and agrees that the User Content that you submit, post or display shall: a) be true, accurate, complete and lawful; b) not be false, misleading or deceptive; c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • Each Member further represents, warrants and agrees that you shall: a) carry on your activities on the Site/ Mobile App in compliance with any applicable laws and regulations in India or outside as may be applicable to You; b) conduct your business transactions with other Users of the Site in good faith; c) carry on your activities in accordance with the Terms and any applicable Additional Agreements; d) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards); e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; f) not engage in spamming or phishing; g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities; h) not involve attempts to copy, reproduce, exploit or expropriate Constrobazaar.com's various proprietary directories, databases and listings; i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; j) not involve any scheme to undermine the integrity of the data, systems or networks used by Constrobazaar.com and/or any user of the Site or gain unauthorized access to such data, systems or networks; k) not engage in any activities that would otherwise create any liability for Constrobazaar.com or our affiliates.
  9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations statutes, ordinances and regulations regarding Your use of Our service.
  10. We reserve the right, but have no obligation, to monitor the materials posted on the Website/ Mobile App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials you post on the Website/ Mobile App and in your private messages. In no event shall Constrobazaar.com assumes or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website.
  11. It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website/ Mobile App and that You may be involuntarily exposed to. It also is possible for others to obtain information about You due to Your use of the Website/ Mobile App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Website/ Mobile app You acknowledge and agree that We are not responsible for the use of any information that You publicly disclose or share with others on the Website/ Mobile App. Please carefully select the type of information that You publicly disclose or share with others on the Website/ Mobile App.

V.   Eligibility, Registration and User/Member Accounts:

  1. Use of the Services through the Website/ Mobile App is available to person(s)/ Users, who are eligible to enter into legally binding contracts as per the applicable Indian Laws or any such laws applicable to them and/ or are not barred by any law for the time being in force. Persons who are "incompetent to contract" as per the applicable Indian Laws including minors, un-discharged insolvents etc. are not eligible to use the Website/ Mobile App. You may avail the Services only if you fulfil the conditions herein.
  2. You can register as a User, by providing information including but not limited to a valid phone number, Your name, valid and functional e-mail address and any other information as We may deem fit (“Registration Data”);
  3. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Website/ Mobile App is not eligible to use the same.
  4. We reserve the right to refuse, restrict, suspend, limit or terminate any or all Services provided to any Registered User at any time for any reason. User/ Member who violate any of provisions of the Terms & Privacy Policy will have their access blocked/ membership if applicable revoked and/ or is excluded from our network.
  5. The User shall ensure that the Registration Data provided must be accurate, complete, current and true. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You;
  6. The User hereby expressly consents to receive communications from Us on Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
  7. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and Transactions that occur through Your account, whether initiated by You or any third party. The password and other details of the account should not be shared with any third party. Your account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge. In the event of any change in the said information, You agree to promptly update Your Account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.
  8. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way.
  9. In case of any unauthorized use of Your Account please immediately reach Us at support@constrobazaar.com or +91-2065266526 In case, you are unable to access Your Account please inform Us at support@constrobazaar.com or +91-2065266526 and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to You making a request in writing for blocking and We shall require at least 72 (Seventy Two) hours to process your request unless in case of force majeure events which are beyond Our reasonable control.
  10. User must be registered on the Website/ Mobile App to access or use some of our Services. Except with Our approval, each User may only register one member account on the Site. Constrobazaar.com may cancel or terminate a User's member account if Constrobazaar.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Constrobazaar.com may reject User's application for registration for any reason.
  11. Upon registration on the Site, Constrobazaar.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
  12. A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify Constrobazaar.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
  13. Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
  14. Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Constrobazaar.com or other Users of the Site. Member shall indemnify Constrobazaar.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member's failure to maintain the security of your account, Constrobazaar.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to Member.

VI.   Breach by User/ Member:

  1. We reserve a right in our sole discretion to remove, modify or reject any User Content provided by You on the Website/ Mobile App if it is reasonably found to be unlawful, in violation of, “Terms” “User Agreement” or the” Privacy Policy”.
  2. We may limit your activity, immediately remove your information, listings and warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your account/membership, and/or refuse to provide you with access to the Website/ Mobile App in the event, but not limited to:
    • Your breach of the User Agreement or any Terms or Privacy Policy of the Website/ Mobile App.
    • Upon receipt of any complaint or claim of your liability of any third party’s right violation.
    • Your breach exposing/ causing Us including our affiliates or other User/Member to financial losses, legal liability.
  3. We reserve the right to co-operate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Constrobazaar.com may disclose the User’s/Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Constrobazaar.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Constrobazaar.com for such disclosure.

VII.   Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY CONSTROBAZAAR.COM ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND CONSTROBAZAAR.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTROBAZAAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; CONSTROBAZAAR.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND CONSTROBAZAAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

  3. Any material downloaded or otherwise obtained through the Site/ Mobile App is done at each User's sole discretion and risk and each User is solely responsible for any damage to Constrobazaar.com's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Constrobazaar.com or through or from the Site/ Mobile App shall create any warranty not expressly stated herein.
  4. The Site/ Mobile App may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Constrobazaar.com and our affiliates be held liable for any such services or products.
  5. Constrobazaar.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following. a) the use or the inability to use the Site/ Mobile App or Services; b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site; c) violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d) unauthorized access by third parties to data or private information of any User; e) statements or conduct of any User of the Site; or; f) any matters relating to Services however arising, including negligence.
  6. Notwithstanding any of the foregoing provisions, the aggregate liability of Constrobazaar.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Constrobazaar.com or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
  7. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Constrobazaar.com has been advised of or should have been aware of the possibility of any such losses arising.

VIII.   Indemnity:

  1. Each User agrees to defend, indemnify and hold harmless Constrobazaar.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, Sellers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
    • your use of and access to the Platform and/or the Service;
    • your violation of any term of these Terms;
    • your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
    • any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.
  2. Each User hereby agrees to indemnify and save Constrobazaar.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Constrobazaar.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Constrobazaar.com as per the Terms/User agreement herein.
  3. Each User hereby further agrees to indemnify and save Constrobazaar.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Constrobazaar.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Constrobazaar.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Constrobazaar.com in asserting any available defences.

IX.   Intellectual property rights

  1. Constrobazaar.com is the sole owner or lawful licensee of all the rights and interests in the Site and Mobile App and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Mobile App content shall remain with Constrobazaar.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Constrobazaar.com are hereby reserved.
  2. Constrobazaar.com and related icons and logos are registered trademarks or trademarks or service marks of Constrobazaar.com Group and related icons and logos are registered trademarks or trademarks or service marks of Constrobazaar.com Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
  3. Constrobazaar.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties

X. Notices

  1. All legal notices or demands to or upon Constrobazaar.com shall be made in writing and sent to Constrobazaar.com personally, by courier, certified mail, or facsimile to the following entity and address: RH 1, Richmond Park, Opp. Orchid School, Baner Road, Baner, Pune 411045 Attn: Legal Department. The notices shall be effective when they are received by Constrobazaar.com in any of the above-mentioned manner.
  2. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Constrobazaar.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when. Constrobazaar.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon Constrobazaar.com posting such notice on an area of the Site that is publicly accessible without charge.
  3. You agree that all agreements, notices, demands, disclosures and other communications that Constrobazaar.com sends to you electronically satisfy the legal requirement that such communication should be in writing.

XI. General provisions

  1. Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Constrobazaar.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
  2. Constrobazaar.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
  3. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
  4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  5. Constrobazaar.com' failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Constrobazaar.com's right to act with respect to subsequent or similar breaches.
  6. Constrobazaar.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Constrobazaar.com). You may not assign, in whole or part, the Terms to any person or entity.
  7. If you are from outside of India, The Terms shall be governed by the laws of India without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Pune, India. If you are from India, the Terms shall be governed by the laws of India without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Pune, India. This document is an electronic record in terms of the Information Technology Act, 2008 and the provisions pertaining to electronic records in various statues amended by the Information Technology Act, 2008.

XII. Waiver

  1. Our failure, delay or omission to exercise or enforce any rights or provisions of these terms and conditions will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or Terms should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.