Updated October 6, 2022
Please read these conditions carefully before placing an order for any products or services
with the Vendors
registered with Triple Play Infra Pvt. Ltd. through eBuildBazaar Site (hereinafter referred
to as “Website” or
“Platform” or “Us”). These conditions signify the customer’s (hereinafter referred to as
“You”) agreement to be
bound by these conditions.
In addition, when you use any current or future eBuildBazaar.com service (e.g.: Account,
Cart, Wishlist,
Professional Services Page, Special Requests or Product Marketplace), you will also be
subject to these terms,
guidelines, and conditions as applicable (hereinafter referred to as “Terms”).
Conditions Relating to Sale
These terms deal with conditions relating to the sale of products and services on the Website
by
Vendors to you. You agree to these terms for each transaction made by you.
Our Contract
-
Your order is an invitation to offer to the Vendor through Us and the Website to buy the
product/service from the Vendors on your behalf. When you place an order through Us to
purchase a
product/service from our Vendors, you give you authority to this extent, and you will
receive an email
confirming receipt of your order and details of your order (hereinafter referred to as
“Order
Confirmation Email”). The Order Confirmation Email is acknowledgement that we have
received your
order and does not confirm acceptance of your offer to buy the product/service ordered. We
only
accept your offer through our Vendors, and conclude the contract of sale for a
product/service ordered
by you, when the product/service is dispatched to you by the Vendor, after negotiations on
the final
price and amount if applicable and confirmation of the final price and amount and payment
towards
the product/service by you, post which an email confirmation is sent to you that the
product has been
dispatched to you by the Vendor (hereinafter referred to as "Dispatch Confirmation
Email"). If your
order is dispatched in more than one package, you may receive a separate Dispatch
Confirmation Emails
for each package, and each Dispatch Confirmation Email and corresponding dispatch will
conclude a
separate contract of sale between you and our Vendors for the product/service specified in
that
Dispatch Confirmation Email.
-
Your contract is with the Vendors, and we are an intermediary to this extent, and you
confirm that
the product/service ordered by you is in the capacity to contract. You authorize Us, as
well as the
Website, to declare and provide declaration to any governmental authority on your behalf
stating the
aforesaid purpose of the products ordered by you on the website.
-
You can cancel your order for a product at no cost any time before the Website sends the
Dispatch
Confirmation Email relating to that product/service.
-
Your confirmations on the platform, secured by adequate two-factor authentications, count
as your
final agreements towards the different stages of eCommerce prospects.
-
For the avoidance of doubt, it is clarified that any additional by-product or add-on
service will
constitute a separate contract between you and our Vendors. It is further clarified that
you will hold
Triple Play Infra Pvt. Ltd. harmless in the event of any discrepant act or omission on our
part.
Replacement of Products
-
Most products purchased from the Vendors listed on the Website are replaceable within the
replacement window, except those that are explicitly identified as non-replaceable. The
replacement
is processed only if:
-
it is determined that the product was not damaged while in your possession;
-
the product is not different from what was shipped to you;
-
the product is returned in original condition (with brand’s/manufacturer's box, MRP
tag
intact, user manual, warranty card and accessories);
-
for the products that are not replaceable or returned by the customer for any
material
defect without any stock availability, the refund is issued to the original payment
method
made by you; the timeline for receipt of such refund is solely dependent on your
bank, which
is usually 7-14 business days.
-
For the avoidance of doubt, as the orders made between you and our Vendors are in the
nature of
and for the purposes of et. al. heavy machinery, construction, wet-work, it is clarified
that we will not
be liable for a second replacement. In such a case, refund will be processed as per Clause
3.1.4 above.
Refund is subject to the discretion of the Company in cases where one or all the
conditions under Clause
-
above is not met, in which case such refund may be alternated with discounts and other
coupon
codes and offers as per the discretion of the vendor’s arrangement of doing so.
Pricing and availability
-
We list tentative availability information for products sold and services provided by our
Vendors on
the website, including on each product information/service profile page. Beyond what we
say on these
pages or otherwise on the Website, we cannot be more specific about availability. Please
note that
dispatch estimates are just that. They are not guaranteed dispatch times and should not be
relied upon
as such. As we process your order, you will be informed by email if any products/services
you order
turn out to be unavailable or unserviceable.
-
All prices are inclusive of VAT/CST, service tax, GST, duties, and cesses as applicable -
unless stated
otherwise.
Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase
of
products or services from our Vendors through Us and you agree to bear any and all applicable
taxes
including but not limited to VAT/CST, service tax, GST, duties, and cesses etc.
Your Account
By creating an account with Us and usage of our Website, you are responsible for maintaining
the
confidentiality of your account and password and for restricting access to your computer to
prevent
unauthorised access to Your Account. You agree to accept responsibility for all activities
that occur
under your account or password. You should take all necessary steps to ensure that the
password is
kept confidential and secure and should inform the Website immediately if you have any reason
to
believe that your password has become known to anyone else, or if the password is being, or
is likely
to be, used in an unauthorised manner. Please ensure that the details you provide the Website
with
are correct and complete and inform the Website immediately of any changes to the information
that
you provided when registering. You can access and update much of the information you provided
Us
with in the Your Account area of the website. eBuildBazaar.com reserves the right to refuse
access to
the Website, terminate Your Account, remove, or edit content at any time without notice to
you.
Privacy
Please review the Privacy Policy available here, which also governs your visit to the
Website. The
personal information / data provided to the Website by you during the course of usage of
eBuildBazaar.com will be treated as strictly confidential and in accordance with the Privacy
Policy and
applicable laws and regulations. If you object to your information being transferred or used,
please do
not use the Website.
Pricing
The pricing of all products and services on the eBuildBazaar platform would be derived from
the
vendors’ pricing model, as per the vendors’ and service providers’ pricing model.
eBuildBazaar will
charge a platform fee/convenience fee, shown in a transparent manner, added separately to the
product/service listing wherever applicable.
Refunds, Returns, and Cancellations
-
With respect to the physical materials displayed on the platform, any refund and/or return
would
depend on the upon vendor’s ability and consent to accept a refund/return. The platform
would only
facilitate the communication of the same.
-
If you wish to, you can cancel your order for a product at no cost any time before the
Website sends
the Dispatch Confirmation Email relating to that product/service. Once the platform
dispatches your
order, the actual delivery of the product/service, including its refund/return would
wholly be
dependent on the vendor’s ability to do so, wherein the Platform would only facilitate the
cancellation
of such services if requested by You/the User. The communication of the same would be the
Platform’s
responsibility, as well as the Vendor’s.
Shipping Policy
The Platform uses a range of third-party hyper-local, inter-state, and inter-continental
delivery
services to facilitate the delivery of the purchased products to the User. Once the item has
been shipped
to the delivery party, the delivery party has the highest responsibility to ensure the safe
communication
and delivery of the said items. In this scenario, eBuildBazaar as a platform, can only
provide
communication support of the said deliveries.
Access to eBuildBazaar.com
The Website will do its utmost to ensure that availability of the Website will be
uninterrupted and
that transmissions will be error-free. However, due to the inherent and erratic nature of the
Internet,
this cannot be guaranteed. Also, your access to the Website may also be occasionally
suspended or
restricted to allow for repairs, maintenance, or the introduction of new facilities or
services at any time
without prior notice. Triple Play Infra Pvt. Ltd. will attempt to limit the frequency and
duration of any
such suspension or restriction.
Licence
-
Subject to your compliance with these Terms of Service and Use and payment of applicable
fees,
if any, Triple Play Infra Pvt. Ltd. grants you a limited licence to access and make
personal use of this
website, but not to download (other than page caching) or modify it, or any portion of it,
except with
express written consent of Triple Play Infra Pvt. Ltd. and / or its affiliates, as may be
applicable.
-
The AR service is provided by Triple Play Pvt. Ltd. along with its business partners for
viewing
purposes and a limited use licence is to access and view only. You will not, either
directly or indirectly,
make personal use of this AR service, download (other than page caching) or modify it, or
any portion
of it, except with express written consent of Triple Play Infra Pvt. Ltd. and / or its
affiliates, as may be
applicable, which will be in the nature of monetary payment alone. Usage, access, and
display of such
services by our Vendors are subject to the terms of the Vendor Agreement between us and
Triple Play
Infra Pvt. Ltd.
-
THIS LICENCE DOES NOT INCLUDE ANY RESALE OR COMMERCIAL USE OF THIS WEBSITE OR ITS
CONTENTS; ANY COLLECTION AND USE OF ANY PRODUCT OR SERVICE PROFESSIONAL LISTINGS,
DESCRIPTIONS, OR PRICES; ANY DERIVATIVE USE OF THIS WEBSITE OR ITS CONTENTS; ANY
DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER SELLER; OR
ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS.
-
This website or any portion of this website (including but not limited to any copyrighted
material,
trademarks, or other proprietary information) may not be reproduced, duplicated, copied,
sold, resold,
visited, distributed, or otherwise exploited for any commercial purpose without express
written
consent of Triple Play Infra Private Limited and / or its affiliates, as may be
applicable.
-
You may not frame or use framing techniques to enclose any trademark, logo, or other
proprietary
information (including images, text, page layout, or form) of eBuildBazaar.com, its
Vendors and its
affiliates without express written consent. You may not use any meta tags or any other
"hidden text"
utilising Triple Play Infra Private Limited's or its affiliates' names or trademarks
without the express
written consent of Triple Play Infra Private Limited and / or its affiliates, as
applicable. Any unauthorised
use terminates the permission or license granted by Triple Play Infra Private Limited and
/ or its
affiliates, as applicable.
-
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the
Welcome
page of eBuildBazaar.com as long as the link does not portray Triple Play Infra Private
Limited,
eBuildBazaar.com, their affiliates, or their products or services in a false, misleading,
derogatory, or
otherwise offensive matter. You may not use any eBuildBazaar.com logo or other proprietary
graphic
or trademark as part of the link without express written consent of Triple Play Infra
Private Limited and
/ or its affiliates, as may be applicable.
Your Conduct
- You must not use the Website in any way that causes, or is likely to cause, the Website
or access
to it to be interrupted, damaged or impaired in any way. You understand that you, and not
eBuildBazaar.com, are responsible for all electronic communications and content sent from
your
computer to the Website and you must use the website for lawful purposes only. You must
not use the
website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful
activity.
- to send, use or reuse any material that does not belong to you; or is illegal,
offensive
(including but not limited to material that is sexually explicit content or which
promotes
racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent,
insulting
or harassing, blasphemous, defamatory, libellous, obscene, pornographic,
paedophilic, or
menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark,
patent,
confidentiality, privacy or any other proprietary information or right; or is
otherwise
injurious
to third parties; or relates to or promotes money laundering or gambling; or is
harmful to
minors in any way; or impersonates another person; or threatens the unity,
integrity,
defence,
security or sovereignty of India or friendly relations with foreign States or public
order
or
causes incitement to the commission of any cognisable offence or prevents
investigation of
any offence or is insulting other nation; or objectionable or otherwise unlawful in
any
manner
whatsoever; or which consists of or contains software viruses or any other computer
code,
file
or program designed to interrupt, destroy or limit the functionality of any computer
resource,
political campaigning, commercial solicitation, chain letters, mass mailings or any
"spam;
or is
patently false and untrue.
- to cause annoyance, inconvenience, or needless anxiety.
Indemnity and Release
-
You shall indemnify and hold harmless Triple Play Infra Private Limited, its subsidiaries,
affiliates
and their respective officers, directors, agents and employees, from any claim or demand,
or actions
including reasonable advocate's fees, made by any Vendor or penalty imposed due to or
arising out of
your breach of these Terms of Service and Use or any document incorporated by reference,
or your
violation of any law, rules, regulations or the rights of a third party.
-
You hereby expressly release Triple Play Infra Private Limited and/or its affiliates
and/or any of its
officers and representatives from any cost, damage, liability, or other consequence of any
of the actions/inactions of the Vendors and specifically waiver any claims or demands that
you may have in
this behalf under any statute, contract or otherwise.
Claims against Objectionable Content
-
You can refer to the product detail / service professional page on eBuildBazaar.com for
checking
any product details / service specifications provided by the Vendor regarding the
following:
-
the total price in single figure of any product or service, along with the breakup price
for the good
or service, showing all the compulsory and voluntary charges such as delivery charges,
postage and
handling charges, conveyance charges and the applicable tax, as applicable. These details
are available
on the invoice issued to you. Further, all contractual information required to be
disclosed by law is
incorporated as part of the eBuildBazaar Vendor Agreement executed by each
seller/vendor/service
professional/business on eBuildBazaar.com, prior to listing its products and services.
-
Because eBuildBazaar.com lists millions of products for sale offered by Vendors on the
Website
and hosts many thousands of comments, it is not possible for Triple Play Infra Pvt. Ltd.
to be aware of
the contents of each product/service listed for sale, or each comment that is displayed.
Accordingly,
eBuildBazaar.com operates on a "notice and takedown" basis. If you believe that any
content on the
website is illegal, offensive (including but not limited to material that is sexually
explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive,
indecent,
insulting or harassing, blasphemous, defamatory, libellous, obscene, pornographic,
paedophilic,
invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in
breach of a third
party’s confidential, proprietary information or right; or is otherwise injurious to third
parties; or relates
to or promotes money laundering or gambling; or is harmful to minors in any way; or
impersonates
another person; or threatens the unity, integrity, defence, security or sovereignty of
India or friendly
relations with foreign States, or public order, or causes incitement to the commission of
any cognisable
offence or prevents investigation of any offence or in insulting other nation; or
objectionable or
otherwise unlawful in any manner whatsoever; or which consists of or contains software
viruses or any
other computer code, file or program designed to interrupt, destroy or limit the
functionality of any
computer resource; or is patently false and untrue ("Objectionable Content"), please
notify the Website
immediately. Once this procedure has been followed, eBuildBazaar.com will make all
reasonable
endeavours to remove such Objectionable Content complained about within a reasonable time,
with
an opportunity to the offender to explain its version, as per the law.
Copyright, authors' rights, and database rights
-
All content included on the website, such as text, graphics, logos, button icons, images,
audio clips,
digital downloads, data compilations, and software, is the property of Triple Play Infra
Private Limited,
its affiliates or its Vendors or content suppliers and is protected by India and
international copyright,
authors' rights, and database right laws. The compilation of all content on the Website is
the exclusive
property of Triple Play Infra Private Limited and its affiliates and is protected by laws
of India and
international copyright and database right laws. All software and AR Services used on this
Website is
the property of Triple Play Infra Private Limited, its affiliates or its software
suppliers and is protected
by India and international copyright and author' rights laws.
-
You may not systematically extract / or re-utilise parts of the contents of the website
without
Triple Play Infra Private Limited and / or its affiliate's (as may be applicable) express
written consent.
You may not utilise any data mining, robots, or similar data gathering and extraction
tools to extract
(whether once or many times) for re-utilisation of any substantial parts of this website,
without Triple
Play Infra Private Limited and / or its affiliate's (as may be applicable) express written
consent. You may
also not create and/ or publish your own database that features substantial (eg: prices
and product
listings) parts of this website without Triple Play Infra Private Limited and / or its
affiliate's (as may be
applicable) express written consent.
Intellectual Property Claims
Triple Play Infra Private Limited and its affiliates respect the intellectual property of
others. If you
believe that your intellectual property rights have been used in a way that gives rise to
concerns of
infringement, please notify Us immediately.
Trademarks
eBuildBazaar.com, eBuildBazaar logo, and other marks indicated on the Website are trademarks
or registered trademarks of Triple Play Infra Private Limited or its subsidiaries
(collectively
"eBuildBazaar") or our Vendors, in India and/or other jurisdictions. eBuildBazaar.com's
graphics, logos,
page headers, button icons, scripts and service names are the trademarks or trade dress of
eBuildBazaar. eBuildBazaars's trademarks and trade dress may not be used in connection with
any
product or service that is not eBuildBazaar's, in any manner that is likely to cause
confusion among
customers, or in any manner that disparages or discredits eBuildBazaar. All other trademarks
not
owned by eBuildBazaar that appear on the Website are the property of their respective owners
and
our Vendors, who may or may not be affiliated with, connected to, or sponsored by
eBuildBazaar.
Communications
-
When you visit eBuildBazaar.com, you are communicating with Us electronically, through the
Website. Communication between our Vendors and You will never be direct and will always be
through
the Website, who is the intermediary for all transactions. You will be required to provide
a valid phone
number while placing an order with our Vendors through Us. We may communicate with you by
e-mail,
SMS, phone call or by posting notices on the Website or by any other mode of
communication. For
contractual purposes, you consent to receive communications including SMS, e-mails, or
phone calls
from Us with respect to your order.
-
You agree, understand, and acknowledge that the Website is an online platform that enables
you
to purchase products and services listed on the Website at the price indicated therein at
any time from
any location. YOU FURTHER AGREE AND ACKNOWLEDGE THAT EBUILDBAZAAR.COM AND TRIPLE PLAY
INFRA PVT. LTD. IS ONLY A FACILITATOR/INTERMEDIARY AND IS NOT AND CANNOT BE A PARTY TO OR
CONTROL IN ANY MANNER ANY TRANSACTIONS ON THE WEBSITE. Accordingly, You agree and
understand that any contract of sale of products and services through the Website shall be
a strictly
bipartite contract directly between You and the Vendors.
Losses
Our Vendors, as well as the Website, will not be responsible for any business loss (including
loss
of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or
any other
indirect or consequential loss for any reason whatsoever when a contract for the sale of
products or
services by the Vendors to You was formed.
Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any
time.
You will be subject to the policies and Conditions of Sale in force at the time you order
products or
services from our Vendors through the Website, unless any change to those policies or these
conditions
is required to be made by law or government authority (in which case it will apply to orders
previously
placed by you, if so directed). If any of these conditions is deemed invalid, void, or for
any reason
unenforceable, that condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
Events beyond our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under
these conditions if the delay or failure arises from any cause or reason which is beyond our
reasonable control.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our
rights and
remedies in any other situation where you breach these conditions.
Disclaimer
-
You acknowledge and undertake that you are accessing the products and services on the
Website
and transacting at your own risk and are using your best and prudent judgment before
entering
into
any transactions with the Vendors through the Website. The Website shall neither be liable
nor
responsible for any actions or inactions of vendors nor any breach of conditions,
representations or
warranties by the Vendors of the products or services and hereby expressly disclaim and
any
all
responsibility and liability in that regard. The Website may mediate or resolve any
dispute
or
disagreement between you and the Vendors of the products or services to the extent
possible,
subject
to the good-faith relations between you, the Vendors and the Website.
-
Triple Play Infra Pvt. Ltd. further expressly disclaim any warranties or representations
(express or
implied) in respect of quality, suitability, accuracy, reliability, completeness,
timeliness,
performance,
safety, merchantability, fitness for a particular purpose, or legality of the products or
services listed or
displayed or transacted or the content (including product or pricing information and/or
specifications)
on the Website. Triple Play Infra Pvt. Ltd. does not implicitly or explicitly support or
endorse the sale or
purchase of any products or services on the Website. At no time shall any right, title or
interest in the
products/services sold through or displayed on the website vest with Us nor shall the
Website
have any
obligations or liabilities in respect of any transactions on the Website.
Vendors and Other Businesses
Vendors, who are neither Triple Play Infra Private Limited nor its affiliates operate stores,
provide
services, or sell products on the Website (e.g.: Businesses offer products via the Product
Marketplace
and individuals/firms offer services via the Professional Services Page). The website is not
responsible
for examining or evaluating, and the Website does not warrant or endorse the offerings of any
of these
businesses or individuals/firms, or the content of their respective listings. Triple Play
Infra Private
Limited does not assume any responsibility or liability for the actions, products, and
content of any of
these and any other third-parties. Terms and conditions between the Vendors and Us is
available here.
Governing Law and Jurisdiction
-
Your use of this Website will be governed by and construed in accordance with the laws of
India.
-
You agree that any legal action or proceedings arising out of your use may be brought
exclusively
before the competent courts/fora/authorities having jurisdiction in New Delhi, India and
irrevocably
submit yourself to the jurisdiction of such courts/fora/authorities.
Website Details
The Website is operated as an intermediary between the Vendors and you by Triple Play Infra
Pvt. Ltd. For the eBuildBazaar.com Website, you could contact us by visiting:
www.ebuildbazaar.com/contact
Last Updated: 9th November 2021