TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

ATTENTION: READ CAREFULLY BEFORE YOU USE THIS WEBSITE OR ANY “PLUMBKART” BRANDED APPLICATIONS AVAILABLE FOR DOWNLOAD FROM VIRTUAL STORES.

 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER, AS APPLICABLE, AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY SIGNATURE, PHYSICAL OR DIGITAL.

 

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLUMBKART EXPERIENCE.

BY YOUR USAGE OF THE PLUMBKART EXPERIENCE, YOU AGREE THAT: A) YOU HAVE READ AND AGREED TO ALL THE TERMS OF THIS AGREEMENT; B) YOU ARE A PARTY TO AND CONSENT TO BE BOUND BY THIS AGREEMENT; AND C) YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT WITHOUT MODIFICATION.

 

These terms and conditions apply to this website (www.plumbkart.com) as well as applications, software, and services developed by Plumbkart Plumb Solutions Private Limited (“Plumbkart”, “we”, “our” or “us”), a private company limited by shares in accordance with provisions of the Companies Act, 2013, and downloaded from any virtual applications store, installed onto your computing device (collectively the “Plumbkart Experience”). These terms and conditions, along with the Privacy Policy and such other applicable policies (incorporated herein by way of reference) formulated by Plumbkart form the entire legal agreement between you and us, governing your use of the Plumbkart Experience. Your use of the Plumbkart Experience constitutes your consent to all the terms of this agreement.

 

  1. Ownership and License

 As between you and us, we own:

Websites, applications, software, and services that we have developed and made available for your use.

The name ‘Plumbkart’ and any other logos, names, and other marks that form part of our identity.

The registered domain name www.plumbkart.com.

The Plumbkart Experience is protected by Indian and international laws and treaties protecting patents, trademarks, copyrights, and other intellectual property. Subject to applicable laws and the rights granted to you under this agreement, the Plumbkart Experience consists of Plumbkart’s proprietary information. This agreement gives you no rights other than those stated in its terms. Your license will automatically terminate if you use the Plumbkart Experience in any manner that violates this agreement, any applicable law, or any rights of Plumbkart or its licensors. We reserve the right to use any lawful means to prevent unauthorized use of the Plumbkart Experience, such as technological barriers, IP mapping, and contacting your internet service provider or wireless carrier.

Except as described in this agreement you do not own the Plumbkart Experience or any part thereof, but only have a limited, non-exclusive, revocable license to utilise the Plumbkart Experience as permitted by this agreement. This licence does not include any resale or commercial usage rights; including rights to collect and use any product listings, descriptions, or prices; any derivative use of the Plumbkart Experience or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorised use of the Plumbkart Experience instantaneously terminates this license granted by us. In the event we permit you to create an account with us for purposes of your usage of the Plumbkart Experience (your “Plumbkart Account”), you shall be responsible for maintaining the confidentiality of your Plumbkart Account and password and for restricting access to your computer to prevent any unauthorised access to your Plumbkart Account. You agree to accept responsibility for all activities that occur under your Plumbkart Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

The Plumbkart Experience and its documentation were developed at our private expense and no part of them is in the public domain and the software components of the Plumbkart Experience are a trade secret, are commercial or financial and confidential or privileged, or is copyrighted computer software (which includes improvements or modifications to such computer software) and constitutes a commercial computer software.

  1. Changes to the Plumbkart Experience

 We may update, modify, enhance, suspend, or cease making available the Plumbkart Experience or any part thereof at any time including, without limitation, automatically delivering new versions or features, applications, software and services when they become available and removing them from application stores at our sole discretion. Where a Plumbkart Experience depends on interaction with Plumbkart-operated online services, we may also disable functionality of such an experience at any time and for any reason.

  1. Privacy Policy

Any information that we collect through your use of the Plumbkart Experience is subject to the Privacy Policy  which forms an integral part of this Agreement. If you object to your information being transferred or used, please do not access the Plumbkart Experience.

  1. Opportunity to interact and transact 

You agree, understand and acknowledge that the Plumbkart Experience has been extended to you to enable your purchase of products listed on this website or any of our virtual applications at the price indicated therein at any time from any location. You further agree and acknowledge that Plumbkart is only a facilitator and is not and cannot be a party to or control in any manner any transactions on this website or any of our virtual applications, which may be subject to additional commercial/contractual terms relating to (without limiting) price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Accordingly, the contract of sale of products on this website or any of our virtual applications shall be a strictly bipartite contract between you and the respective seller(s) on Plumbkart.

  1. Permitted and Prohibited Uses

You may use the Plumbkart Experience provided to you under license solely as provided to you and without any modification, whatsoever.

You may not use the Plumbkart Experience provided to you under license:

  • In any way that violates copyright or any other applicable law.
  • To create any information that contains computer viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
  • In a manner that could damage, disable, overburden, disrupt or impair the service or any Plumbkart owned network or system.
  • To interfere with anyone else’s ability to lawfully access and access the Plumbkart Experience.
  • To access any communications, content, or other information to which you do not have rights.
  • To install, copy, modify, or distribute the Plumbkart Experience (electronically or otherwise) on your computers or mobile devices, or make any copies, adaptations, derivative works, transcriptions, or merge any portion thereof, except as installed by their automated installation functions.
  • To decompile, disassemble, de-crypt, reverse engineer, translate, or otherwise attempt to derive the source code of the Plumbkart Experience or otherwise alter the Plumbkart Experience; or
  • To carry out any seditious or terrorising activities under applicable laws.
  • For providing services to third parties.
  • Frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Plumbkart and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Plumbkart’s or its affiliates’ names or trademarks without our/our affiliates (as the case may be) express written consent.
  • For any commercial purposes. Should you wish to order products for commercial purposes, please reach out to us for creating a business account. Your business account may become subject to additional terms and conditions (in addition to these terms and conditions) that we may then notify.
  • To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or its friendly relations with foreign states.
  • Transfer or resell any of the rights granted to you by these terms and conditions, except that you may authorize a third party for whom you are a legal guardian to use the Plumbkart Experience, provided that you agree to remain legally responsible for that third party’s use.
  1. Selling

As a registered seller, you are allowed to list item(s) for sale on Plumbkart in accordance with the Plumbkart policies (which are incorporated to these terms and conditions by way of reference). You must be legally able to sell the item(s) you list for sale on Plumbkart. You must ensure that the listed items are of merchantable quality and 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 fulfilment 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 Plumbkart. Plumbkart reserves the right to delete such multiple listings of the same product listed by you in various categories.

  1. Payment related

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction(s)
  • Exceeding the preset limit mutually agreed by you and between banking institution(s)
  • Any payment issue arising out of any transaction; or
  • Decline of transaction for any other reason(s)

All payments made against the purchases/services on Plumbkart by you shall be compulsorily in Indian Rupees acceptable in the Republic of India.

Before shipping / delivering your order to you, a seller may request you to provide supporting documents (including but not limited to government issued identity and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

The payment facility that may be part of the Plumbkart Experience is merely for purposes of facilitating a transaction between a buyer and a seller. Mere provision of payment gateway(s) on the Plumbkart Experience or its usage by third parties will in no manner make Plumbkart liable or responsible for any disputed amounts, non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed.

You hereby specifically authorize Plumbkart or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically or through cash on delivery to and from other users/sellers in respect of transactions through payment facility available as part of the Plumbkart Experience. Plumbkart does not guarantee the identity of any user/seller nor does it ensure that a buyer or a seller will complete a transaction.

You understand, accept and agree that the payment facility provided by Plumbkart is neither a banking nor financial service but is mere facility for electronic, automated online electronic payment, receiving payment through cash on delivery etc.. By providing a payment facility, Plumbkart is neither acting as trustees nor acting in a fiduciary capacity in a transaction.

  1. Responsibility for use 

You are responsible for your own use of the Plumbkart Experience and all information that you associate with them. We expressly disclaim all responsibility for and all warranties (express or implied) related to the accuracy, completeness, safety, reliability, or lawfulness of information provided by the Plumbkart Experience. By using the Plumbkart Experience, you acknowledge that your use of the Plumbkart Experience is at your own risk.

  1. Eligibility

Your license to use the Plumbkart Experience terminates automatically and retroactively if you are under 18 years of age, or if your use of the Plumbkart Experience has previously been suspended or prohibited. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE PLUMBKART EXPERIENCE, YOU REPRESENT THAT YOU HAVE ATTAINED 18 YEARS OF AGE, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR PROHIBITED FROM USING THE PLUMBKART EXPERIENCE.

  1. Disclaimer of Warranties and Limitations on Liability.

TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR ANY SEPARATE WARRANTY AGREEMENT, WE PROVIDE THE PLUMBKART EXPERIENCE “AS-IS” WITHOUT WARRANTY OF ANY KIND. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND, WHERE NOT EXPRESSLY STATED TO THE CONTRARY, NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLUMBKART, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.

YOUR USAGE OF THE PLUMBKART EXPERIENCE DOES NOT, IN ANY WAY WHATSOEVER, EXTEND ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT APPLY TO PRODUCTS YOU PURCHASE OVER THE PLUMBKART PLATFORM.

PLUMBKART WOULD FALL UNDER THE CATEGORY OF AN ‘INTERMEDIARY’ AS DEFINED UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY ACT, 2000. ACCORDINGLY, WHILE PLUMBKART AIMS TO PROVIDE ACCESS TO A COMMUNICATION SYSTEM OVER WHICH INFORMATION MADE AVAILABLE BY THIRD PARTIES CAN BE TRANSMITTED OR TEMPORARILY STORED OR HOSTED, PLUMBKART DOES NOT INITIATE THE TRANSMISSION OF ANY INFORMATION OR DATA, SELECT THE RECEIVER OF SUCH TRANSMISSION, OR SELECT OR MODIFY THE INFORMATION CONTAINED IN SUCH TRANSMISSION, AND WOULD THEREFORE NOT BE LIABLE FOR ANY THIRD PARTY INFORMATION, DATA, OR COMMUNICATION HOSTED OR STORED IN ITS SERVERS OR SYSTEMS. IF PLUMBKART IS NOTIFIED BY ANY GOVERNMENTAL AUTHORITY THAT ANY INFORMATION, DATA OR ANY COMMUNICATION LINK RESIDING IN OR CONNECTED TO A COMPUTER RESOURCE CONTROLLED BY PLUMBKART IN THE COURSE OF PROVIDING SERVICES TO THE CLIENT IS BEING USED TO COMMIT ANY UNLAWFUL ACT, PLUMBKART WILL EXPEDITIOUSLY REMOVE OR DISABLE ACCESS TO SUCH INFORMATION, DATA OR COMMUNICATION LINK FROM ITS RESOURCE WITHOUT DESTROYING SUCH INFORMATION, DATA OR COMMUNICATION LINK FOR AT LEAST 120 (HUNDRED TWENTY) DAYS.

By using the Plumbkart Experience, you agree that, to the extent permitted by applicable law, we will have no liability for any special, indirect, punitive or consequential damages that you may sustain from your use of the Plumbkart Experience, whether due to loss of data or profits, negligence, or breach of contract.

To the extent permitted by applicable law, you assume all risks concerning the suitability and accuracy of the information that you send or receive using the Plumbkart Experience. The Plumbkart Experience may contain technical inaccuracies or typographical errors. We assume no responsibility for any such inaccuracies, errors, or omissions associated with the Plumbkart Experience.

PLUMBKART WILL NOT BE RESPONSIBLE FOR THE ACTIONS OF ANY INDIVIDUAL OR ANY ACCIDENT THAT RESULTS WHILE USING OR ATTEMPTING TO USE THE PLUMBKART EXPERIENCE. FAILURE OF THE PLUMBKART EXPERIENCE DOES NOT CONSTITUTE AN OPPORTUNITY TO HOLD PLUMBKART LIABLE FOR ANY DAMAGES. YOU AND YOU ALONE ARE RESPONSIBLE FOR THE CONSEQUENCES OF USING THE PLUMBKART EXPERIENCE.

  1. Indemnity

You agree to indemnify, defend, and hold harmless Plumbkart and its affiliates, officers, agents, co-branders, partners, and employees from any third-party claim or demand (including but not limited to damages, litigation costs, and reasonable attorney’s fees) that relates to your use of the Plumbkart Experience or your violation of this agreement. We reserve the right to assume the exclusive defence and control of any dispute in which you must indemnify us, and you agree to co-operate with our defence counsel and settlement of these claims. We will use reasonable efforts to notify you of any such disputes once we become aware of them.

  1. Term and Termination 

You may utilise the Plumbkart Experience licensed to you so long as you do not violate these terms of use or any applicable law. We reserve the right to: (1) limit or terminate your right to use the Plumbkart Experience licensed to you at any time, and for any reason; (2) terminate any part of the Plumbkart Experience licensed to you if we determine in good faith concern that such use violates an applicable law or these terms of use; and (3) inform applicable statutory/law enforcement agencies of any illegal activity or material relating to use of Plumbkart Experience and provide such statutory/law enforcement officials with all requested information we may have, including but not limited to the name, phone number, and email addresses of any user account suspected of engaging in any illegal activity.

  1. Marks 

PLUMBKART.COM and are registered trademarks of Plumbkart Plumb Solutions Private Limited. All other product or service names are the property of their respective owners. You may not alter, obscure, or render unclear any trademark, logo, or other notice that indicates the rights of Plumbkart Plumb Solutions Private Limited or our licensors and suppliers, whether built into Plumbkart Plumb Solutions Private Limited, printed on packaging or promotional material, published online, or otherwise.

  1. Notices

We may be required by applicable law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to this agreement or the Plumbkart Experience. Such notices will be effective upon our posting them to our website, your installation or use of any updates to the Plumbkart Experience, or our delivery of a notice to you by email, postal mail, or other means as required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.

You consent to receiving any notices regarding the agreement or any notice required by law, including notice of a breach of security involving your personally identifiable information, through an email message, SMS or any other active instant messaging service or other electronic communication.

Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or any email address in your profile. In this respect do note that Plumbkart may require that you create an account to fully utilize the Plumbkart Experience, by providing us with a valid email address and case strong password.

  1. General information

This agreement supersedes any prior agreements between you and Plumbkart relating to your use of the Plumbkart Experience. 

  1. Miscellaneous

By accessing the Plumbkart Experience, you agree that the Laws of India (without reference to its conflict of Laws provisions), will apply to all matters relating to your use of the Plumbkart Experience. You also agree that the courts at Bangalore, India shall have exclusive jurisdiction over any matters relating to your use of the Plumbkart Experience. You consent to the exclusive jurisdiction of those courts. Our failure to exercise or enforce any right or provision of this agreement does not waive our right to exercise or enforce our rights in the future. If any court finds a provision of these terms and conditions or the Plumbkart Experience privacy policy to be invalid, then you agree that the court should endeavor to give effect to the intentions as reflected in the provision, and that the other provisions of this agreement will remain in full force and effect.

These terms and conditions are subject to change without notice.

  1. Commencement date: [●]
  2. Contact us

Please contact us if you have any questions regarding these terms and conditions. In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the grievance officer are provided below:


info@plumbkart.com
PLUMBKART PLUMB SOLUTIONS PRIVATE LIMITED
# 2, Kasturi apartments, 35/11, Langford Road Cross,
Bangaluru, 560027