Online Building Materials & Construction Services in Delhi NCR

Updated October 6, 2022

THIS VENDOR AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR VENDOR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND TRIPLE PLAY INFRA PRIVATE LIMITED (“US”). BY REGISTERING FOR OR USING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS VENDOR AGREEMENT, INCLUDING THE TERMS OF USE FOR EACH PRODUCT OR SERVICE YOU SELL OR REGISTER FOR IN CONNECTION WITH THE EBUILDBAZAAR SITE. AS USED IN THIS AGREEMENT, “WE”, “US” AND “EBUILDBAZAAR” MEANS EBUILDBAZAAR.IN, WHICH IS A PART OF TRIPLE PLAY INFRA PRIVATE LIMITED NAMED IN THE TERMS AS UNDER.

"Affiliate" means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity, except with respect to eBuildBazaar, "Affiliate" means solely its Affiliates domiciled in India.

“Confidential Information" means information relating to us, to the Services or eBuildBazaar Customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data always constitutes Confidential Information.

"Intellectual Property Rights" means any patent, copyright, trademark, moral right, trade secret right or any other intellectual property right arising under any laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation, or infringement of any of the foregoing.

"Order Information" means, with respect to any of Your products or services sold through the eBuildBazaar Site, the order information and shipping information that we provide or make available to you.

“Services” means and includes any product listing, service listing or other listing on the eBuildBazaar Site.

"Vendor Account" means the particular account in our systems, in which information about Your Transactions is recorded, and which is one of the online portals and tools which eBuildBazaar may make available to you, for your use in managing your orders, inventory and presence on the eBuildBazaar Site.

Enrolment

To begin the enrolment process, You must complete the registration process for one or more of the Services by registering at www.vendor.ebuildbazaar.in and creating Your Vendor Account. Use of the Services is limited to parties that can lawfully enter and form contracts under the applicable Law. As part of the application, You must provide us with Your (or Your business') legal name, address, phone number, e-mail address, applicable tax registration details as well as any Triple Play Infra Pvt Ltd representing eBuildBazaarTM 2 other information we may request. Any personal data You provide to us will be handled in accordance with Our Privacy Policy.
The enrolment process is as under:
- You will send us Your portfolio along with inventory of items/services that You desire to sell or register for;
- In the event that You are unable to furnish a portfolio, We may assist and cooperate in the formation of the same;
- We will perform a background check and form a preliminary opinion on enrolment post- due diligence;
- If the report returns positive, items/services are listed within a period of 30 days post the date of enrolment.
- If You so desire, You may sponsor your listings on Your own accord towards the Services. Sponsored listings will be marked as such in the Marketplace and Service Professional Pages.

Service Fee Payments

Fee details shall be specified in the Assignment submitted to You by us separately for each purchase order. Payments may be made either in full or in part, as specified in the Addendum to Vendor Agreement, always in advance. In the event payment is mutually decided to be paid in parts, such payment shall be based on milestones/goals to the extent of the Assignment and scope thereof.
You are responsible for all Your expenses in connection with this Agreement unless this Agreement or the applicable Terms provide otherwise. For the eBuildBazaar Site that You register for or use a Service in connection with, we may require You to submit valid credit card information from a credit card acceptable by eBuildBazaar (with respect to such eBuildBazaar Site, "Your Credit Card") as well as valid bank account information for a bank account in Your name that is with a bank located within India and enabled for Your Vendor Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the eBuildBazaar Site, "Your Bank Account").
You will use only a name You are authorized to use in connection with the Service and will update such information as necessary to ensure that it always remains accurate and complete. You authorise us to verify Your information (including any updated information), to obtain credit reports about You from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by You to us (in reimbursement or otherwise). At Our option, all payments to You will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us. You agree that We shall not be liable for any failure to make payments to You on account of incomplete or inaccurate information provided by You with respect to Your Bank Account.
In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by You to us (in reimbursement or otherwise) against any payments we may make to You, or (b) invoice You for amounts due to us, in which case You will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in Indian Rupee, and all payments contemplated by this Agreement will be made in Indian Rupee. If we discover Triple Play Infra Pvt Ltd representing eBuildBazaarTM 3 erroneous or duplicate transactions, then we reserve the right to seek reimbursement from You by deducting from future payments owed to You, charging Your Credit Card, or seeking such reimbursement from You by any other lawful means; provided that the foregoing will not limit Your rights to pursue any good faith dispute with eBuildBazaar concerning whether any amounts are payable or due.
If we reasonably conclude based on information available to us that Your actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the eBuildBazaar Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to You under this Agreement for the shorter of: (a) a period of 90 calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding Your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits in our bank accounts.

Term and Termination

The term of this Agreement will start on the date of Your completed registration for use of one or more of the Services and continue until terminated by Us or You by providing 1 month written notice as provided below. You may at any time terminate Your use of any Service immediately on notice to us via Your Vendor Account or email. We may terminate Your use of any Services or terminate this Agreement for convenience with a 1 month written notice to You. We may suspend or terminate Your use of any Services immediately and without notice period if we determine that:
- You have materially breached the Agreement and failed to cure within 30 days of a cure notice unless Your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion;
- Your Vendor Account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or
- Your use of the Services has harmed, or Our controls identify that it might harm other vendors, customers, or Our legitimate interest. We will promptly notify You of any such termination or suspension via email or similar means including the eBuildBazaar Site, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable You to circumvent our safeguards.
On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that You will remain responsible for performing all of Your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination and survival of Clauses 6, 7, 8, 11, 13 and 14.

Licence

You grant us a royalty-free, non-exclusive, worldwide right and licence for the duration of Your original and derivative intellectual property rights during the Term and for as long thereafter as You are permitted to grant the said licence under applicable Law to use any and all of Your Materials for the Services or any other eBuildBazaar product or service, and to sub- license the foregoing rights to our Affiliates and operators of eBuildBazaar Associated Properties; provided, however, that we will not alter any of Your listing and Your trademarks (except to re-size listing and trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with Your removal requests as to specific uses of Your Materials (provided You are unable to do so using the standard functionality made available to You via Your Vendor Account); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without Your consent to the extent that such use is allowable without a licence from You or Your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).
Certain products may require licensing, certification, or other credentials to sell them. To sell such products, You must provide Us with a valid license, certification, or other credentials (collectively, the "Credentials"), as determined in our sole discretion. We may use information You provide, as well as information relating to Your Vendor Account such as your business name and address, to verify the Credentials, and we may request additional information from You to assist in that verification. We may, in our sole discretion and at any time, suspend or terminate your ability to sell such products.

Representations

Each Party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the territory in which Your business is registered and are a resident of India for income tax purposes every financial year; (b) it has all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorizations it grants hereunder; (c) it will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in its performance of its obligations and exercise of its rights under this Agreement; and (d) each party is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party or other applicable government authority.

Indemnification

You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any Customer or third party claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) Your actual or alleged breach of any representations You have made; (b) any sales listing owned or operated by You, Your products or services or related material including any offer, sale, fulfilment, refund, cancellation, adjustments, or return thereof), any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Us) or property damage related thereto; or (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) Your non-compliance with applicable laws of India.
We will defend, indemnify, and hold harmless You and Your officers, directors, employees and agents against any Customer or third-party Claim arising from or related to: (a) Our non- Triple Play Infra Pvt Ltd representing eBuildBazaarTM 5 compliance with applicable laws of India; or (b) allegations that the operation of an eBuildBazaar Site infringes or misappropriates that Customer or third party’s intellectual property rights.
If any indemnified Claim might adversely affect Us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any Claim that is exclusively directed at and exclusively affects that party.

Disclaimer

HE EBUILDBAZAAR SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A VENDOR OF THE SERVICES, YOU ACCESS THE EBUILDBAZAAR SITE, THE SERVICES, YOUR VENDOR ACCOUNT AND ANY ONLINE PORTAL OR TOOL PROVIDED BY EBUILDBAZAAR TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. EXCEPT AS SET FORTH IN CLAUSE 5 ABOVE, WE AND OUR AFFILIATES WAIVE AND DISCLAIM:
(1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS VENDOR AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
(2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND
(3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE EBUILDBAZAAR SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY. IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT
ECAUSE EBUILDBAZAAR IS NOT DIRECTLY INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE EBUILDBAZAAR (AND ITS AGENTS, AFFILIATES AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Limitation of Liability

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR Triple Play Infra Pvt Ltd representing eBuildBazaarTM 6 OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF EBUILDBAZAAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR ONE YEAR PERIOD PAID BY YOU TO EBUILDBAZAAR IN CONNECTION WITH THE PARTICULAR SERVICE AND THE EBUILDBAZAAR SITE GIVING RISE TO THE CLAIM.

Sponsorships and Offers

You may opt to sponsor / promote any or all Services with Us from Your Vendor Account. Such sponsorship shall be valid for a period of 30 days, subject to internal control, availability and preference listing by us. You agree and understand that the choice of a Customer is beyond Our control and hence there exists no warranty or guarantee to the extent that sponsored/promoted products or services listed by You will be sold.
You are solely responsible for fully funding all of the coupon discounts You offer, including any associated costs You incur based on your offer of coupons to Customers. Coupon discounts will be created and administered according to the terms you provide to us by the means we specify (either through Your Vendor Account or email or otherwise specified by Us).
For the avoidance of doubt, Service Fees shall be calculated based on the actual market value of a product or the going rate of a service, irrespective of coupon redemption by a Customer. If your actual promotional activities exceed your coupon budget, no refunds will be issued.

Taxes

You will comply with any applicable tax laws and fulfil all obligations to the tax authorities in a timely and complete manner.
As agreed between the parties, You will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as TDS, service tax, VAT/CST, GST, cesses, or other transaction taxes, and issuing valid invoices/credit notes/debit notes where required. eBuildBazaar is not responsible for collecting, remitting, or reporting any TDS, service tax, VAT/CST, GST, or other taxes arising from such sale. You are solely responsible for preparing, making, and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.
Unless stated otherwise, any and all fees payable by You pursuant to this Agreement are exclusive of all value added, service, sales, use, goods and services tax and other similar taxes, and You will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services tax or similar taxes from You, You will pay such taxes to us. You will provide all necessary information including goods and services tax registered address, registration numbers, invoice mismatch details in a timely manner, to enable us to provide, report or correct goods and services tax invoices. Based on information provided, We will deduce the location of recipient, the billing details, place of supply and applicable taxes.
If for any reason, any income tax or withholding tax or tax collection at source or such other taxes under applicable Law are determined to be deducted and deposited on any payments or remittances to You, We will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by You against Us.
It is Your responsibility as a Vendor on the eBuildBazaar Site to choose the most applicable product tax codes and assign Harmonized System of Nomenclature / Service Accounting Code applicable for Your listing, such that the correct tax rate is applied on all listings offered for sale by You. If we determine that You are not in compliance with this section, then we may suspend the services provided to You on the eBuildBazaar Site.
In case of any discrepancy in the reporting / returns filed by You and Us, You agree that You will resolve such discrepancy immediately and indemnify Us against any tax, interest, and penalty payable in this regard.

Confidentiality and Personal Data

During the course of Your use of the Services, You may receive Confidential Information. You agree that for the term of the Agreement and 10 years after termination:
- all Confidential Information will remain eBuildBazaar's exclusive property except for customer personal data owned by the respective customer;
- You will use Confidential Information only as is reasonably necessary for Your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and
- You will not, and will cause Your affiliates not to directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law;
- You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and
- You will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfil Your statutory obligations (e.g., tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations.
The foregoing sentence does not restrict Your right to share Confidential Information with a governmental entity that has jurisdiction over You, provided that You limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way.
You may not use our name, trademarks, or logos in any way (including in promotional material) without our advance written permission.
You may not use any Customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, You may not use such data in any way inconsistent with the applicable law. You must keep Customer personal data confidential at all times (the above 10 years’ term limit does not apply to customer personal data).

Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events, or other matters beyond our reasonable control or by Act of God or declaration by governmental authorities.

Relationship of Parties

You and We are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. eBuildBazaar is not an auctioneer or involved directly between the Customer and You AND IS ONLY AN INTERMEDIARY. You will have no authority to make or accept any offers or make representations on our behalf. You will not make any statement, whether on Your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between You and Us.

Suggestions and Other Information

If You or any of Your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the eBuildBazaar Site or Services (including any related technology), You will, to the extent necessary and authorized by law, irrevocably grant to us, a royalty-free and worldwide license on all right, title, and interest in and to the suggestions for the duration of protection of the underlying rights. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.

Modification

We may change or modify the Agreement at any time with immediate effect (a) for any reason, including but limited to, legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect Your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify You about any change or modification via Your Vendor Account or email.
If any change is unacceptable to You, You agree not to use the Services and to end the Agreement as described in Section 3.

Password Security

Any password we provide to You may be used only during the Term to access Your Vendor Account or eBuildBazaar.in, respectively, (or other tools we provide) to use the Service, electronically accept Your Transactions, and review Your completed transactions. You are solely responsible for maintaining the security of Your password. You may not disclose Your password to any third party (other than third parties authorized by You to use Your Vendor Account in accordance with this Agreement) and are solely responsible for any use of or action taken under Your password. If Your password is compromised, You must immediately change Your password.

Miscellaneous

This Agreement is governed by the laws of India. Any dispute or claim of any nature relating in any way to Your use of any Services covered under this Agreement will be amicably settled through friendly negotiations within 30 days from the date of complaint. Upon failure of such, each party agrees that courts in New Delhi will have the sole and exclusive jurisdiction over all disputes.
You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to eBuildBazaar, You may assign or transfer this Agreement, in whole or in part, to any of Your Affiliates as long as You remain liable for Your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Us as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to enforce such provision or any other provision of this Agreement subsequently.
We retain the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited otherwise by Us.
The authentic language of this Agreement and subsidiary or associated documentation shall be English, and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail. Heading mentioned in this Agreement are only for the sake of convenience to the reader.
You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by You or related to Your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, Triple Play Infra Pvt Ltd representing eBuildBazaarTM 10 governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable laws.
eBuildBazaar will provide notice to You under this Agreement by posting changes on eBuildBazaar.in or Your Vendor Account or on the applicable eBuildBazaar Services site to which the changes relate (such as the Marketplace accessible through Your Vendor Account), by sending You an email notification, or by similar means. You must send all notices and other communications relating to eBuildBazaar to our support team via www.vendor.ebuildbazaar.in, email, or similar means. We may also communicate with You in connection with Your listings, sales, and the Services electronically and in other media, and You consent to such communications. For contractual purposes, You consent to receive such communications through any mode including SMS, e-mail, phone calls etc. If at any time, now or in the future, You decide to change Your preferences, visit Your Vendor Account.
You may change Your e-mail addresses or phone numbers via Your Vendor Account. Please update these details (including Your legal name and address) as often as necessary to ensure that they are accurate.

The parties aforementioned agree to these specified terms. All additional terms would be added to this sheet with separate addendums and shared with all parties to the agreement whenever made.

Addendum to Vendor Agreement (Product Listing)

THIS ADDENDUM TO VENDOR AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR PROCESSING OF ORDERS THROUGH A PARTICULAR VENDOR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND TRIPLE PLAY INFRA PRIVATE LIMITED (“US”) FOR YOUR LISTED PRODUCTS.

Orders and Assignments

Post your Enrolment, the processing of order shall be in the following terms:
- Customer adds relevant products to the Cart Page from the Marketplace Page of the eBuildBazaar Site;
- We confirm the availability of the products listed by You, either through Your Vendor Account or email, in the form of an Assignment, and thereafter We proceed to receive payment on Your behalf, if availability is confirmed by You.
- Upon receipt of payment by Us, You shall dispatch the products to the Customer directly. In this connection, You will ensure that delivery of products is made via the closest store to the Customer geographically. Payments to You shall be made post- delivery confirmation to Your Bank Account, after deducting applicable Service Fees and Taxes, unless agreed otherwise between You and Us.
You are responsible for: any non-delivery, misdelivery, theft or other mistake or act in connection with the delivery of Your products, except to the extent caused by our failure to make available to Your order information as it was received by Us or resulting from address verification. You are also responsible for any non-conformity or defect in, or any public or private recall of, any of Your products. You will notify Us promptly as soon as you have knowledge of any public or private recalls of Your products.

Service Fees

Every order shall entail a Service Fee as discussed with you of the total consideration amount paid by the Customer towards your services, which will be discussed with you.

Vendor Agreement

This Addendum to Vendor Agreement forms an integral part of the Vendor Agreement, in pursuance to Our Terms of Service & Use, and despite all the terms and conditions of the Vendor Agreement being applicable to this Addendum, the same is not specified herein for the sake of brevity. The extension of this Addendum to You by Us implies that you have consented to the terms and conditions of the Vendor Agreement. In the event that any provision is inconsistency between this Addendum and the Vendor Agreement, the former shall prevail to the extent of conflict.

Miscellaneous

This Addendum to Vendor Agreement is governed by the laws of India. Any dispute or claim of any nature relating in any way to Your delivery and payment towards any Services and orders covered under this Addendum will be amicably settled through friendly negotiations within 30 days from the date of complaint. Upon failure of such, each party agrees that courts in New Delhi will have the sole and exclusive jurisdiction over all disputes.

The parties aforementioned agree to these specified terms. All additional terms would be added to this sheet with separate addendums and shared with all parties to the agreement whenever made.

Addendum to Vendor Agreement (Professional Service Listing)

Orders and Assignments

Post your Enrolment, the processing of order shall be in the following terms:
- Customer adds relevant services to the Cart Page from the Professional Services Page of the eBuildBazaar Site;
- We confirm the availability of time for the services listed by You, either through Your Vendor Account or email, in the form of an Assignment, and thereafter We proceed to receive payment on Your behalf, if time availability is confirmed by You.
- Upon receipt of payment by Us, You shall provide the services to the Customer directly in the agreed time. In this connection, You will ensure that provision of services by You is made to the best of your abilities. Payments to You shall be made post-confirmation of full and final completion of service by the Customer, to Your Bank Account, after deducting applicable Service Fees and Taxes, unless agreed otherwise between You and Us.
Any additional add-on service desired by the Customer from You shall be considered as a new order and shall follow process as per Clause 1 above.
You are responsible for: any non-performance, misperformance, breach of trust, illness or other mistake or act in connection with the fulfilment of Your services, except to the extent caused by our failure to make available to Your order information as it was received by Us or resulting from address verification. You are also responsible for any non-conformity or defect in any of Your service.

Service Fees

Every order shall entail a Service Fee as discussed with you of the total consideration amount paid by the Customer towards your services, which will be discussed with you.

Vendor Agreement

This Addendum to Vendor Agreement forms an integral part of the Vendor Agreement, in pursuance to Our Terms of Service & Use, and despite all the terms and conditions of the Vendor Agreement being applicable to this Addendum, the same is not specified herein for the sake of brevity. The extension of this Addendum to You by Us implies that you have consented to the terms and conditions of the Vendor Agreement. In the event that any provision is inconsistency between this Addendum and the Vendor Agreement, the former shall prevail to the extent of conflict.

Miscellaneous

This Addendum to Vendor Agreement is governed by the laws of India. Any dispute or claim of any nature relating in any way to Your provision of service and payment towards any Services and orders covered under this Addendum will be amicably settled through friendly negotiations within 30 days from the date of complaint. Upon failure of such, each party agrees that courts in New Delhi will have the sole and exclusive jurisdiction over all disputes.

The parties aforementioned agree to these specified terms. All additional terms would be added to this sheet with separate addendums and shared with all parties to the agreement whenever made.

Last Updated: 9th November 2021

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Ebuild Bazaar Vendor Agreement