Terms and Conditions of Use
The domain name www.homepecked.com (hereinafter the "Website") is a company entitled to “homepecked” and incorporated under the Companies Act, 2013, having its registered office at Ground Floor, 1-M-223, 3rd cross, Kasturinagar, Bangalore-560043 (hereinafter referred also as "the Company").
Introduction
These Website Standard Terms and Conditions contained herein on this webpage shall govern your use of our Website including all pages within this Website.
‘Homepecked’ essentially owns and operates an e-commerce B2B marketplace for sourcing and supplying of primary and finishing building materials for the Construction industry on its website. (hereinafter referred to as “Services”). These Terms and Conditions of Use will apply to all persons who access the Website and to all persons to whom Services are provided by homepecked. By using the Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.
Access to the Website and the Services is subject to your compliance with and acceptance of these Terms and Conditions of Use, the Privacy and other policies and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services, collectively referred to as "the Terms". If you register with our Website, submit any material to our Website or use any of our Website Services, we will ask you to expressly agree to these terms and conditions.
You must be at least 18 [Eighteen] years of age to use our Website; by using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 [Eighteen] years of age.
Our Website uses cookies; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter "the User Agreement") between a User and homepecked vis-à-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.
About homepecked: An intermediary
Homepecked aims to create the most versatile construction technology platform to drive innovation in construction industry. It is focused on sourcing and delivery of primary to finishing construction materials for residential and industrial sectors from across geographies apart from offering other value-added services to meet the industry specific requirements. It aims to create a truly transformational, disruptive and scalable e-commerce marketplace that will deliver the fruits of aggregated buying to all stake holders, with the target audience being B2B buyers - contractors, builders, architects, interior designers and institutional buyers. It aggregates demands from the SME buyers using technological tools that would lead to ‘price discovery’ for the buyers. For the sellers, aggregation will lead to better demand estimation, lower cost of sales apart from eliminating collection risks due to the value-added services offered by homepecked.
In this capacity the role of homepecked is that of an intermediary, where the platform facilitates Buyers to source required products and services from the relevant Suppliers thus it is to be noted that 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, refunds, replacements etc. and homepecked does not solicit or in any way involve itself in such commercial/contractual terms between the Buyers and Suppliers. Responsibility of Homepecked is limited to that of an intermediary as set out by the policy and regulations applicable to B2B e-Commerce Platforms. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell Products and the contract for sale of any of the Products or Services shall be a contract only between the Buyer and the Suppliers.
Subject to the Terms and Conditions for usage of homepecked platform and other policies of Suppliers, homepecked shall facilitate all complaints and disputes from buyers pertaining to products and/or services purchased on homepecked platform and such complaints and disputes shall be addressed and/or resolved by homepecked in accordance with the policies and turnaround times specified by the Suppliers on the product detail page.
License to use, Browse and Access the Website
Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your voluntary consent thereof.
The User may:
View pages from our Website in a web browser and use the website Services subject to the other provisions of these terms and conditions for personal or business purposes only and not for any other purpose.
Downloading, editing and modifying any materials on the Website is expressly prohibited.
Unless you own or control the relevant rights in the material, you must not:
republish material from our Website (including republication on another website);
sell, rent or sub-license material from our Website;
show any material from our Website in public;
exploit material from our Website for a commercial purpose; or
Redistribute material from our Website (this is exclusive of our newsletters in print and electronic form which may be redistributed to any person)
circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
You may register for an account with our Website by [completing and submitting the account registration form on our website]. You must not allow any other person to use your account to access the Website and you must not use any other person's account to access the Website, unless you have that person's express permission to do so.
You must notify us in writing immediately if you become aware of any unauthorized use of your account.
User must ensure that all the information supplied to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion.
Liability of User
The User must not:
use our Website in any way or take any action that causes, or may cause, damage to the availability and accessibility of the Website;
use our Website in any way that is or is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus and other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
access or otherwise interact with our Website using any automated means [except for the purpose of search engine indexing];
Use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
User must not use data collected from our Website to contact individuals, companies or other persons or entities.
In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website, Services and / or the User's Registered Account, then the User shall not attempt to access the Website or procure Services through another User's Registered Account or by creating another Registered Account or through any other false identity.
Placing of Order and Payment
User may select from the range of listed Products and Services on the Website. Prices of the Products displayed on the Website are deemed to be a part of the Terms and are subject to change as maybe determined and displayed by a Supplier.
After the Buyer's order is finalized and confirmed, the Buyer has to make payment of convenience fee, as applicable, along with the total product price thereafter. Buyer may choose to make payment for his / her order in several ways:
Payment by debit cards or credit cards
Letter of Credit issued by a recognized bank
Internet banking (RTGS / NEFT)
Cash before Delivery, if available for the relevant Product and as permissible by the prevailing law
Some of these payment methods may not be available at all times, and each method may be subject to certain restrictions where Buyer may be required to choose another form of payment
Where the Buyer uses a debit card, credit card, the Buyer must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. The Buyer will be responsible for the correctness of the information provided.
While availing of the various payment methods listed on the Website, the Company shall in no way be responsible or liable for any loss or damages incurred directly or indirectly to the Buyer in case of the following:
Lack of due authorization for any transactions, or
In case of the Buyer exceeding any preset limit as determined mutually between the Buyer and his / her bank, if applicable, or;
Decline of transaction by the Buyer's bank for any other reason
Any issues of payment arising out of the transaction, or;
Once the Buyer chooses a payment method, the Buyer will be redirected to a secure payment gateway where he / she will be required to complete the transaction. Please note that such gateway is a third-party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site and buyer shall be bound by the terms and conditions of such third party payment gateway.
Company will have no liability for credit extended by Supplier to the Buyer and will not be liable for any default/non-payment of order amount from buyer relating to the credit transaction.
The Buyer hereby agrees and acknowledges that the Company does not qualify to be a banking or financial service but is merely a facilitator providing an electronic, automated online electronic payment facility, receiving payment through cash before delivery option, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks.
Company reserves the right to refuse to process transactions of such Buyers of whom the Company has a reason to believe that they may have a tainted reputation of having questionable charges including breach of agreements with it, violation of any laws and other policies previously.
Incase Buyer defaults on payment or in the event of a cheque bounce, either Company or Supplier or jointly, have the full right to initiate appropriate legal action to recover the full value of the supplier invoice, interest, legal and other applicable charges.
The Company may do such checks as it deems fit, to confirm credibility and commitment of Buyers, when they opt for the cash before delivery of the Products, for security or other reasons at the discretion of homepecked. As a result of such a check if the Company is not satisfied with the creditability of the Buyer or genuineness of the transaction, it will have the right to reject the receipt of / Buyer's commitment to pay cash before or on delivery of the Products purchased.
The Company may delay notifying the Supplier to dispatch the Products to the Buyer, if it deems a transaction of unusually high volumes to be suspicious, to ensure safety of the transaction. In addition, Company may inform the Supplier to remit the monies paid by the Buyer (instead of refunding the same to Buyer) or dispatch Products to law enforcement officials, at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
Delivery and Rejected Products
The Company shall make every reasonable effort to ensure that the Supplier delivers the Products according to the delivery schedules mentioned by the Supplier on the Website, at the time of confirming the order, however these are not fully guaranteed.
Weekends, public holidays, together with delays caused by events beyond the control of the Supplier are not included when the Supplier publishes the estimated number of days for door to door delivery times on the Website. The route and method of by which the Product is transported shall be at the sole discretion of Supplier.
In a situation where the Supplier / authorized personnel is unable to deliver the Product to the specified address, they will try and leave a notice at the address of the Receiver / Buyer stating that the delivery has been attempted and where the Product can be collected from.
If the delivery has not been successful after one more attempt or the Receiver / Buyer has not collected / refuses to collect the Product from the address mentioned in the notice, the Seller shall contact the Buyer for further instructions with regard to the delivery of the Product. The Buyer hereby agrees to bear the costs incurred by the Seller in forwarding, disposing of or returning the Product to the Seller and the charges (if any) for making a third and final attempt at delivering the Products to the receiver / Buyer.
It being further clarified that in case the Supplier does not receive any instructions from the Buyer within 30 (thirty) days from the time the Supplier / its authorized personnel had contacted the Receiver / Buyer after the second attempt to deliver the Products, then the Buyer agrees and gives the Seller the permission to destroy, dispose or sell the contents of the Products as they please, without any further liability to the Buyer.
Representation and Warranty
All Products for display on the Website may carry warranty, if any, provided by the respective Supplier. Replacement or warranty on each Product supplied by the Supplier shall be as determined and specified by the Supplier 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.
Since the Company acts only as an intermediary, it does not make any representation or warranty as to specifics of the Products (including but not limited to quality, value, salability, standards etc. of the Product) or Services listed on its Website for sale by the Suppliers. Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
Company does not warrant or represent:
the completeness or accuracy of the information published on the Website;
that the material on the Website is up to date; or
that the Website or any Service on the website will remain available at all times.
We reserve the right to discontinue or alter any or all of our Website Services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; in this regard User will not be entitled for any compensation.
Limitation of Liability
Company has taken reasonable steps to ensure that all the information on the Website is correct, however, it does not guarantee and will not be responsible for the quality, accuracy or completeness of any data, information, Services, except as specifically mentioned in the Terms.
Company will not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever 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 the Company is made party to any suit or legal proceedings, the liability of it 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 the Company, is limited to the value of the transaction conducted by a Registered User on the Website.
Breach
In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of the Company, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of the Company contained elsewhere in the Terms or under law, Company shall have all the following rights:
To terminate, without reasons or notice, the User Agreement with a User;
To block, suspend, delete or restrict access to a Registered Account by a User;
To block or restrict access to the Website;
To refuse or cease the provision of Services to such User;
To remove any information of any nature whatsoever on the Website posted, uploaded, published, displayed or submitted by a User;
To initiate all or any legal proceedings against a User for breach, civil and / or criminal, including (but not limited to) proceedings for indemnity, losses, damages and / or injunctions as appropriate;
To cooperate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User the Company/ on the Website;
Modifications of the Terms and Consequences of Violation of the Terms
The User shall be obliged to inform the Company of any subsequent disability to contract, upon which it shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.
Company shall be entitled to add, delete, modify, cease, discontinue, amend or change all or any of the Services at its discretion at any time. On no account shall the Company be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.
Any such modifications shall be notified on the Website and will be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified. We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
If you have given your express agreement to these Terms and Conditions, subject to the Terms, we may ask for your express agreement to any revision of these Terms and Conditions; and if express agreement is not procured from you within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the Website.
In the event that the User accesses or uses the Website or the Services in contravention or violation of any of the Terms, User will be deemed to be an Unauthorized User and Company will be entitled to terminate the User Agreement immediately, block User’s Registered Account. Company shall also be entitled to block access by the User to the Website and / or seek any additional relief as available under law.
Indemnification
The User agrees that the User shall indemnify and keep indemnified the Company, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.
Intellectual Property Rights
At all times under this User Agreement, the Company shall retain all rights, title and ownership in its Information, materials, software, products, copyrights, patents, trade secrets, trademarks, moral rights or any other rights of similar nature (the “Intellectual Property” and such rights, the “Intellectual Property Rights”).
Force Majeure
Company shall be not liable for any breach of its obligations resulting from causes beyond its reasonable control. A Force Majeure event is as specified and defined in the International Chamber of Commerce (ICC) Force Majeure Clause of 2003 (each such occurrence being hereinafter referred to as "Force Majeure") which this Agreement relies upon.
In the event that Company’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of the Company to perform such obligation shall stand extended for the term the Force Majeure existed. A notice shall be served to the other party upon becoming aware of an event of force majeure and such Written Notice shall contain the details of the circumstances giving rise to it.
However in case the Company is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement upon notice effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.
If the Company determines in its reasonable opinion that a Force Majeure event exists (without prejudice to any other rights under this Agreement) the Company may without prior Written Notice and at any time take or omit to take all such actions as the Company deems to be reasonable appropriate in these circumstances.
Termination
Company may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and / or restrict a User’s use or access to the Website and / or Service (or any part thereof) for the following reasons:
That Company, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;
That in the opinion of the Company or any Governmental authority or body, it is not in public interest to continue to provide Services to the User or allow access to the Website;
That the User is declared a bankrupt or into any compromise or arrangement with its creditors.
The above termination shall be without prejudice to the other rights of the Company whatsoever.
Maintenance of the Website
Company shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Registered Account, access to the Website or the Services. Company shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.
Assignment
Company may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
User shall not assign any rights or obligations guaranteed under these Terms to a third party without the prior consent of the Company.
Severability
If any particular provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will still continue to have effect and bind both the parties to this Agreement.
Third party rights
A contract under these terms and conditions is for the mutual benefit of contracting parties and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Advertisers
Company does not endorse or recommend any advertiser or any of their products or Services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. Company shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.
Additional Communication via Messages
In addition to sending you SMSs in consequence of a transaction by you on the Website, we may also send you SMSs with promotional content on our offers, sales, discounts and related information if you agree to this at the time of accessing the Website. In such cases, you expressly disclaim and waive all claims and complaints against the Company in the event that you receive such SMSs, irrespective of whether or not you have registered on the National Customer Preference Register, and will indemnify the Company for all or any losses, damages, suits or claims made on account of such SMSs being sent to you.
Relationship between Parties
The relationship between the Company and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both the Company and the User.
Entire agreement
Both the parties mutually understand and agree that there exists no oral agreement between the parties to these Terms. These Terms shall constitute the entire business understanding between User and the Company, and shall supersede and subsume any prior agreements, documents and or communications, if any.
Waiver
Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
Governing Law, Jurisdiction and Dispute Resolution
In the event any controversy, dispute or difference arising out of or in connection with or in relation to this Terms and Conditions of Use, the same shall be resolved amicably by the Parties hereto, failing which the controversy, dispute or difference shall be referred to Arbitration by a Sole Arbitrator in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The language of the arbitration proceedings shall be English. The arbitration award shall be final and binding on the Parties. The venue of the arbitration proceedings shall be at Bangalore, India and the Courts in Bangalore alone will have jurisdiction with regard to all disputes.
Notice
All notices hereunder, to be effective, shall be in writing and shall be delivered by registered post acknowledgment due, as follows:
If to the Company:
Company Secretary / Director (Compliance)
Homepecked e-Marketplace Services Pvt Ltd
223, 1st Main, Ground Floor, 3rd Cross, Kasturinagar, Bangalore 560043
If to the User:
To the address as provided by the User in his/her/its Registered User Account on the Website;
Or to such other address as a Party may notify the other pursuant to a notice in writing and given in accordance with this sub – clause.
Grievances and Violations
In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the Company’s authorized authority at the following address;
Director Compliance / Company Secretary
Homepecked e-Marketplace Services Pvt Ltd
223, 1st Main, Ground Floor, 3rd Cross, Kasturinagar, Bangalore 560043
[email protected]
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