The website, www.nirmaanonline.com and mobile application for android and iOS (Mobile App) (“The Website” or “Site” and Mobile App) is an electronic web based platform which acts as an online purchase manager for all the needs of construction materials/ products and services. (“Services”) It minimises your purchase hassles and helps you save time, energy and costs. It is owned and managed by Nirmaan online Private limited (“Company”) headquartered at kishanganj Bihar India.

Throughout the site, the terms “we”, “us” and “our” refer to Nirmaan online. Nirmaan online offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your

comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; € to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral

purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited us

Section 13 Indemnity:

Each User agrees to defend, indemnify and hold harmless nirmaanonline.in, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, Sellers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

Your use of and access to the Platform and/or the Service;

Your violation of any term of these Terms;

Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or

Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.

Each User hereby agrees to indemnify and save Nirmaanonline.in, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save nirmaanonline.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Nirmaanonline.in as per the Terms/User agreement herein.

Each User hereby further agrees to indemnify and save Nirmaanonline.in, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted

by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that nirmaanonline.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Nirmaanonline.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Nirmaanonline.in in asserting any available defences.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nirmaan online, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for

consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nirmaan online and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

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

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@nirmaanonline.in.

Sellers terms and conditions

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

Seller

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Nirmaan online reserves the right to delete such multiple listings of the same product listed by you in various categories.

You have to update the price, specifications, quality, minimum order quantity and any other factor you have displayed for the product posted by you as and when it changes immediately. If any purchase is made by the buyer before you change it then the displayed price, specifications, quality, minimum order quantity and any other factor you have displayed for the product posted by you will be applicable to you and you have to supply the material with displayed price, specifications, quality, minimum order quantity and any other factor you have displayed for the product posted by you to the buyer. Nirmaan online is not responsible for any loss to you in that case.

The payment made by the buyer to purchase your goods and services to Nirmaan online will be held for fifteen days’ time after the delivery acknowledgment is given by the buyer. The payment made by the buyer to purchase your goods and services to Nirmaan online will be paid to you as mentioned above after deducting service charges of Nirmaan online of 5% of the total amount or only if any other percentages as discussed and decided between you and Nirmaan online in writing.

In case of the return of the goods and services by the buyer to you because of damages, wrong delivery or any other matter within ten days of the delivery then Nirmaan online will be releasing the entire amount to the buyer after a weeks’ time from you (Seller) getting the goods or services back and acknowledging it to Nirmaan online whichever is later. You won’t have any right to ask for this payment in this case.

Please note

You may be required to register on Our Website/ Mobile App portal as a Seller to access our Services and help us connect you with our Buyers.

While using our Services, You may be prompted to disclose certain information about yourself and your products/ services. This information will be sent to potential Buyers, You agree to provide us with your current, accurate contact information to the best of your knowledge. Thus your acceptance of this User Agreement expressly indicates your acceptance to disclose your personal information in accordance with our Privacy Policy.

We do not undertake to guarantee the credentials of Buyers who place order for goods/ seeking services through our Website/ Mobile App

We merely act as a facilitator and make best endeavors to connect you with your potential Buyers, thus we do not take a responsibility to convert your potential Buyers to “Buyers” who may place orders with you/ avail your services.

You may be required to furnish complete details of your contact and mailing address details in order for us to provide our Services and connect you better to the Buyers.

You agree that by accepting an order placed through Our Website/ Mobile App you are entering into an agreement with Us to establish a business relationship with Our Buyers for their requirements, and thus agree to be contacted by Us and our Buyers.

You acknowledge that you may be contacted by our Buyers enquiring about your products/ materials/ services, and you further consent expressly to be contacted by them or Us by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you.

You must place all of the products / services offered for sale in the correct category and describe them appropriately and in full.

You are particularly obliged to indicate possible conditions, rights of withdrawal and other restrictions in terms of the products /services being offered by You. You may be additionally required to provide information from time to time. You must at all times provide all information necessary for the potential Buyer to make a decision including but not limited to information relating in particular to, all transportation-related details and characteristics that increase the value of the products/ services being offered for sale as well as any restrictions and circumstances which may influence the value of the product/ service being offered for sale.

We are not obliged to verify the Seller information. However We reserve the right to check your offer for sale of products/ services before it is advertised on our Website/Mobile App

Should your products/ services offered for sale no longer be available as a whole or in part for reasons, You will be responsible to promptly delete such offer from the platform or modify it.

Should you have a dispute with any Buyer, you must address such dispute with the Buyer directly. You hereby agree to release Us (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes.

Subject to any Additional Agreements
Terms constitute the entire agreement between you and Nirmaan online with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein. Nirmaanonline.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Each seller represents, warrants and agrees that (a) They are solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that they submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.

Buyer

This Website/ Mobile App is an electronic web based platform that facilitates an online purchase manager for all the needs of construction materials/ products and services. It should be noted that www.nirmasnonline.in Mobile App is merely a market place platform for connecting Buyers and Sellers.

Please note the applicability of the following if you are a “Buyer”:

You may be required to register on Our Website portal/ Mobile App as a Buyer to access our Services and help us serve your requirements

Although Our Services for the time being are free, we reserve a sole right to reverse our Free Services to Paid Services without prior notice, we thus request you to check our Website/ Mobile App from time to time.

While using our Services, You may be prompted to disclose certain information about yourself and your requirements. This information will be sent to matching Sellers. Sellers. You agree to provide us with your current, accurate contact information to the best of your knowledge. Thus your acceptance of this User Agreement expressly indicates your acceptance to disclose your personal information in accordance with our Privacy Policy.

We make best endeavors to enlist highest quality of Sellers, but it should be noted that we may not be able to match your material/ services requirements from Sellers.

We do not undertake to guarantee the credentials of Sellers who may supply their goods and services through our Website/ Mobile App.

As Nirmaan online is a marketplace platform for connecting Buyers and Sellers, we do not guarantee the quality and safety of products being sold, You should exercise caution as you would typically exercise with purchase of any products and services.

You may be required to furnish complete details of your contact details and mailing address details in order for us to provide our Services and connect you better to the Sellers.

You agree that by placing an order you are entering into an agreement with Us to establish a business relationship with Our Sellers for your requirements, and thus agree to be contacted by Us and our Sellers.

You acknowledge that you may be contacted by our Sellers enquiring about your orders, and you further consent expressly to be contacted by Us or them by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you.

Should you have a dispute with any Seller you must address such dispute with the Seller direct and should inform us .You hereby agree to release Us (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes.