BuildingeKart Terms of Service

Last updated: November25th, 2015

These Terms of Service govern the use of the services offered by BuildingeKart.com, a service of Nandigari Home Solutions Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at #45, Ground Floor, Pearlite Homes, 3rd Phase, Reliable Residency, Bangalore – 560102.

The services are listed at the Company’s website www.BuildingeKart.com (the “Site”) or mobile applications. Such services, the Site, applications, content and products together are hereinafter collectively referred to as the “Service.” Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy (the “Privacy Policy”) available here, available here and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy is incorporated by reference into these Terms of Service and these Terms of Service and the Privacy Policy together are hereinafter referred to as this “Agreement.”

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

Your access and use of the Services constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and BuildingeKart. If you do not agree to this Agreement, you may not access or use the Services. This Agreement expressly supersedes prior agreements or arrangements with you. BuildingeKart may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

The term 'BuildingeKart' or 'us' or 'we' or ‘company’ refers to the owners, managers, employees, investors of BuildingeKart. The term 'you' refers to the user or viewer or customer of our services provided through our website or mobile application.

ROLE OF BUILDINGEKART

The website BuildingeKart.com is a platform that facilitates the online sale and purchase of building, construction and home improvement materials. BuildingeKart.com acts in the role of an intermediary as an online marketplace whereby users can browse through various products and purchase them through the website from various vendors and suppliers. The role of BuildingeKart is limited to putting buyers in touch with the relevant sellers. BuildingeKart does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase of products or services.

The provision of the Products and services and all commercial/contractual terms are between Buyers and suppliers alone, which includes without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and services including post sale services related to the Products. Should you have a dispute with any supplier, you must address such dispute with the supplier directly. You hereby agree to release BuildingeKart (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.

BuildingeKart does not assume responsibility for the quality of Products and services provided by the Sellers.While we seek to enlist only the highest quality suppliers, we do not guarantee the quality or the credentials of the suppliers who will supply the products and services.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by BuildingeKart. The Services provided by BuildingeKartconstitutes a technology platform that enables users of BuildingeKart’s Service to arrange and schedule services with independent third party service providers of home support/ repair services (examples are carpenters, electricians, plumbers and painters etc.) under agreement with BuildingeKart (“third party service providers”); in Bangalore, through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law.

Therefore, user(s) must not be a minor as per Indian Lawi. e. user(s) must be at least 18 years of age to be eligible to use our Services.In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to BuildingeKart certain personal information, such as your name, address, mobile phone number and age. Account registration may also require you to submit at least one valid payment method (either payment by cheque or cash or such other payment method as prescribed by BuildingeKart).

Unless otherwise agreed by BuildingeKart in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. You acknowledge that BuildingeKart does not provide home repair/support services or function as a service provider and that all such services are provided by independent third party contractors who are not employed by BuildingeKart or any of its affiliates

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or BuildingeKart’s termination of these terms of Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BuildingeKart in writing, you may only possess one Account.You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from BuildingeKart at any time by sending an email to support@BuildingeKart.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

BuildingeKart advises its users that while accessing the application, they must follow/abide by the related laws. BuildingeKart is not responsible for the possible consequences caused by your behavior during use of application. BuildingeKart may, in its sole discretion, refuse the service to anyone at any time.

DEFINITIONS, INTERPRETATION, SCOPE, AND CHANGE OF THE TERMS

1. Definitions and interpretation

1.1 In addition to the terms defined elsewhere in these Terms, the following definitions apply, unless the contrary intention appears:

“Affiliated Company” means a company that directly or indirectly is under control of or controls that relevant Party, by having more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights.

“Applicable Law” shall mean any laws of India including any rules and regulations which may be applicable vis-à-vis the Services being provided under these Terms or on account of breach of any of these Terms

"BuildingeKart.com" means the softwareplatform offered by Nandigari Home Solutions Private Limited, which acts as an online platform for different suppliers/sellersto sell their materials and products and for different Users/ Customers to access a range of materials and products offered by suppliers/sellers. The software platform is the website owned by Nandigari Home Solutions Private Limited

“Change Notice” has the meaning as set out in Clause 5.3.

"Customer" or “Buyer” refers to a registered user or guest user who has signed up on www.BuildingeKart.com for the use of the website and/or the Service.

“Data” means all data including relating to the Service,any information relating to the Customer and/or the order

“Indirect Taxes” means VAT, GST, or any other consumption, sales or use tax or any other similar transaction taxes.

"Intellectual Property Right" means any patent, copyright, invention, database right, design right, registered design, trade mark, trade name, brand, logo, slogan, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g. .com, .nl, .fr, .eu, etc.) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction anywhere in the world, owned by or licensed to or used by Nandigari Home Solutions Private Limited or any of its Affiliates.

Nandigari Home Solutions Private Limited is a private limited company incorporated under the laws of India, with its registered seat in Bangalore, India

“Product(s)”shall mean the construction related product(s), made available by the Seller for sale on the Website and includes but is not limited to construction materials, furniture fixtures, home accessories, lights, carpentry material, painting materials etc.;

“Registered Account” or “user Account” shall mean the user accounts created by the Registered User on the Website with a user login ID and password for the purpose of availing of the Services and all codes, information, passwords and other information pertaining to the Registered Account;

“Registered User”shall mean Person registered with the Website with a login ID and password and who hold Registered Accounts and may include a Buyer or a Seller;

“Seller”shall mean any Person who is a Registered User who will be providing the Products for sale to the Buyer in pursuance of the order placed on the Website and subject to the Terms;

"Service" means the on-demand, intermediary service provided through the website www.BuildingeKart.com, SMS (text messaging), web based requests or such other platforms, communication media or channels as –from time to time– operated and made available by or on behalf of Nandigari Home Solutions Private Limited that allows a Customer to request Service from suppliers/sellers (who may render the Service through BuildingeKart) as available to and accepted by the Customer. Services that are rendered by the suppliers/sellers to the Customer without use of one of the above platforms are not applicable

"Taxes" includes Indirect Taxes, VAT or sales taxes (as applicable) and such other applicable national, governmental, provincial, state, municipal, local or other applicable taxes, levies, tax-like assessments, or any other charges levied by any competent authority or agency in relation to the Service.

“Website” means the website www.BuildingeKart.com owned by Nandigari Home Solutions Private Limited

1.2 These Terms (as amended from time to time) form an integral part of the terms and conditions and must be read in conjunction with the privacy policy. Nandigari Home Solutions Private Limited reserves the right to modify the Terms (including the appendixes, schedules and annexes) or its policies relating to the Service or website by posting an updated version of this terms and conditions on the website www.BuildingeKart.com. You are bound by any such modification or revision and should visit this page periodically to review the terms

1.3 Throughout this Agreement, except where the context requires otherwise, the neuter gender shall be deemed to include the feminine and masculine, and the singular number shall be deemed to include the plural, and vice versa. No Person not a party to this Agreement shall be a deemed third party beneficiary hereunder.Headings are for convenience only and shall not form part of the operative provisions of this Agreement and shall not be taken into consideration in its interpretation or construction.

USE OF BUILDINGEKART AND PLACING ORDERS ON WEBSITE

You may access the Website for obtaining information on the Products offered through the Website, availing information on the materials, obtaining information regarding Sellers (without violation of the User Agreement) and related matters. Access and use of the Website is prohibited for Unauthorized Users.When you access the Website or in order to avail of the Products and Services listed on the Website, you may do so by creating a Registered Account on the Website. You will be permitted to access and browse the Website without creating a Registered Account (Guest User) provided that you are not an Unauthorized User. You may use this Registered Account for future transactions or interactions with the Website as well.We recommend that you create a Registered Account when you use the Website for the following reasons, amongst others:

We provide information about our promotions, offers and discounts to our Registered Users regularly;

Certain details, such as delivery addresses and contact details, will be stored for future transactions as well; and

You can also browse the history of your Registered Account including past transactions

The User may be required to submit certain information mandatorily in order to open a Registered Account or avail of the Products and services. In the event that the User does not submit such information, BuildingeKart shall have the right to restrict the nature of information made available to such User and may also refuse to provide all or any Services to the User. All such mandatory information as well as optional information shall be true and correct in every aspect. The User shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. BuildingeKart shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to BuildingeKart or for ensuring the authenticity of any information.You agree that by placing an order, you are entering into an agreement with BuildingeKart and a business relationship with BuildingeKart's suppliers and thus agree to be contacted by BuildingeKart and its suppliers

You acknowledge that these suppliers can contact you regarding your orders and that you are expressly consenting to such contact by them, or BuildingeKart if necessary, to fulfill such orders via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. These contacts are necessary to provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.

It is agreed that your use of BuildingeKart services is for purchasing purposes and not for any other purpose including advertising or competitive intelligence. You acknowledge that BuildingeKart screens your orders and has the right (but not the obligation) in our sole discretion to deny any orders that is in violation of these terms and conditions.

If it is determined or suspected by BuildingeKart in its sole discretion that you are misusing or attempting to misuse or circumvent the BuildingeKart services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, BuildingeKart reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

For more information on BuildingeKart’s and User’s liabilities for information, please see the Privacy policy available here

COMMUNICATIONS

BuildingeKart may send you information related to your order onthe communication details provided by you when creatingBuildingeKartuser account. You acknowledge and agree that BuildingeKart has the right to do so. BuildingeKart may also send you information and offers related to BuildingeKart products and services, which you can choose to opt out of by changing your notification preferences as described in our privacy policy. Notwithstanding the foregoing, under no circumstances will BuildingeKart or any of its suppliers have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services provided.

WARRANTY ON PRODUCTS/MATERIALS

Products and materials displayed on BuildingeKart website may carry warranty that is provided by the manufacturer/seller. Since BuildingeKart acts only as an intermediary marketplace, BuildingeKart does not make any representation or warranty to any specifics of the products (including but not limited to value, quality, colour, salability etc.) BuildingeKart shall not have any liability whatsoever for any arrangement between the seller and the user as regards the standards of the products and services provided by the sellers and BuildingeKartaccepts no liability for any errors or omissions, whether on behalf of itself or third parties.Replacement or warranty on each Product supplied by the Seller shall be as determined and specified by the Seller against the specific Products displayed on the Website. The Buyer is hereby advised to go through the conditions of replacement and warranty, if applicable, before making a purchase of the Product.

CLAIMS

The Buyer shall be entitled to claim refunds in case the delivery of the Products is delayed more than 7 days beyond the agreed time of delivery, as indicated by the Seller on the Website. To claim refund in cases of delayed delivery, the Buyer can contact our customer care at support@BuildingeKart.com and the refund shall be processed upon due verification of details by us, and in accordance with the refund policy specified in these Terms

LIMITATIONS OF BUILDINGEKART LIABILITY

While BuildingeKart has taken steps to ensure that all the information on the Website is correct, BuildingeKart does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, Services, except as specifically mentioned in the Terms.BuildingeKart shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the provision of the Services or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.Notwithstanding the above, if BuildingeKart is made party to any suit or legal proceedings, the liability of BuildingeKart for any reason whatsoever pertaining to the Services provided to the User, including without limitation for loss, damage, wrong delivery, non-delivery of the Products or any part thereof or for breach of these Terms, willful negligence on part of BuildingeKart, is limited to the value of the transaction conducted by a Registered User/Guest User on the Website.

USE OF CONFIDENTIAL INFORMATION

Confidential Information shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of BuildingeKart or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by BuildingeKart or a third party Person on behalf of BuildingeKart to the User pursuant to access or use of the Website or the Products displayed therein or Services, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information. The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of BuildingeKart and that he/she will use such confidential/proprietary information solely for the purposes of availing the Services. Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a “need to know” basis and shall impose upon them the confidentiality obligations stated herein.The obligation of non disclosure described herein, will not be deemed to restrict the User from using and/or disclosing any of the Confidential Information which

- Is or becomes publicly known or within the public domain without the breach of the Terms;

- If the User is requested or required by law or by any Court or governmental agency or authority to disclose any of the Confidential Information, then the User will provide BuildingeKart with prompt notice of such request or requirement prior to such disclosure.

No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes and undertakes to not make modifications to such information or make additional representations and warranties relating to such documents.

Any violation of the above Terms by the User shall be treated as a material breach of the Terms entitling BuildingeKart to terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User.

Upon the termination of the User Agreement, the User shall return to BuildingeKart all original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein.

The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.

INTELLECTUAL PROPERTY

BuildingeKart also provides content including but not limited to text, software, photographs, graphics, data, and other material ("Content") that are protected worldwide by copyright and other laws. The Content includes both content owned or controlled by BuildingeKartand content owned or controlled by third parties and licensed to BuildingeKart. BuildingeKart authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of BuildingeKart. You agree that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Use of BuildingeKart content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

LINKS TO THIRD PARTY SITES

There are links in the BuildingeKart web site that will allow you to leave BuildingeKart's web site. The linked sites are not under the control of BuildingeKart, and BuildingeKart is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. BuildingeKart is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by BuildingeKart of the site.

GENERAL TERMS

You acknowledge and agree that the BuildingeKart services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and BuildingeKart's sole obligation to you or any third party for any claim arising out of your use of the BuildingeKart services or the BuildingeKart Web site, is that you may terminate use of the BuildingeKart services or the BuildingeKart Web site at any time.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel your order(s).

BUILDINGEKART.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BUILDINGEKART.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF BUILDINGEKART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

You agree to indemnify BuildingeKart, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the BuildingeKart services or connection to the BuildingeKart web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of BuildingeKart's successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of BuildingeKart to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the BuildingeKart services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BuildingeKart as a result of this Agreement or use of this Web site.

This Agreement is governed by the laws of the karnataka, India. You hereby consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the use of this site.

This Agreement constitutes the entire agreement between you and BuildingeKart with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BuildingeKart with respect to this site.