User Agreement Policy Page

Welcome to E–Nirmaan Materials and Services Private Limited , located at 603, Quantum tower , 6th floor, Ram Bagh Lane, Next to SBI, Malad West Mumbai 400067. E-Nirmaan is a E-commerce Website which is in business of providing a technology platform which enables selling of raw materials to construction Builders, Developers, Contractors, or any such companies which may need them for the purpose of construction. The materials may include but shall not be limited to Steel , Iron, Cement, Chemical , Wood, Electrical items etc. E-Nirmaan shall be providing information such as Pricing of raw materials, Properties or features of raw material, Availability of raw material, Information about logistic, or Trade essentials and Trade secrets related to this industry. This document is to be read in conjunction with the Terms of Use of Our Website, with unique resource locator www.emse.in.The following demonstrates terms and conditions of use applicable to your access and use of the Site and or Platform www.emse.in and its mobile application platforms (each a “Platform”).

This is an agreement between you as the user(s) of the Site and or Platform as a visitor, registered – free or paid user(s)(referred to as “you”, “your” or “User” hereinafter) and E-Nirmaan Material and Service Private Limited entity (referred to as “we”, “our” or “E-Nirmaan” hereinafter). This document is legally binding and enforceable in court of law. The acceptance of terms stated in this document shall be deemed accepted upon registration of your account or use of said account. These terms are applicable for access or use of our Site and or Platform from any of the devices including but not limited to Mobile Phones, Desktops, Laptops or Tablets.

1. Application of Terms

You hereby agree that we can add and or amend this agreement as it may deem fit. E-Nirmaan has right to make changes in this terms and condition mentioned herein.

2. Usage of Account by Register User

2.1 You accept that you are legally an adult and binding to the contract for the jurisdiction of India and not from where you accessed our services.

2.2 All information regarding registration provided by you should be accurate, true, transparent and only you shall be held responsible for registration details provided in provision 2.4, User agrees, undertake and confirm that User’s use of the Site and or the Platform shall be strictly governed by the following binding principles, User shall not Host, Display, Upload, Modify, Publish, Transmit, Update or Share any information which:

2.2.1.Belongs to another person and to which User does not have any right to,

2.2.2 Is grossly Harmful, Harassing, Blasphemous, Defamatory, Obscene, Pornographic, Paedophilic, Libellous, Invasive of another's privacy, Hateful, or Racially, Ethnically Objectionable, Disparaging, relating or Encouraging money Laundering or Gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

2.2.3 Is patently offensive to the online community, such as Sexually Explicit Content, or Content that promotes Obscenity, Paedophilia, Racism, Bigotry, Hatred or Physical harm of any kind against any group or individual.

2.2.4 Harasses or advocates Harassment of another person.

2.2.5 Involves the transmission of "Junk mail", "Chain letters", or Unsolicited mass mailing or "Spamming" or Messages using E-Nirmaan communication platform.

2.3.6 Infringes upon or violates any third party's rights [including, but not limited to, Intellectual property rights, Rights of privacy (including without limitation unauthorized disclosure of a Person's name, Email address, Physical address or Phone number) or rights of publicity).

2.3.7 Promotes illegal activities or conduct that is Abusive, Threatening, Obscene, Defamatory or Libellous.

2.3.8 Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.

2.3.9 Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

2.3.10 Provides material that exploits people in a Sexual, Violent or otherwise inappropriate manner or solicits personal information from anyone.

2.3.11 Provides instructional information about illegal activities such as making or buying Illegal weapons, violating someone's privacy, or Providing or Creating computer viruses.

2.3.12 Contains Video, Photographs, or Images of another person (with a minor or an adult).

2.3.13 Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to Profiles, Blogs, Communities, Account Information, Bulletins, Friend request, or other areas of the Platform or solicits Passwords or Personal identifying information for commercial or unlawful purposes from other users.

2.4 Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to Profiles, Blogs, Communities, Account Information, Bulletins, Friend request, or other areas of the Platform or solicits Passwords or Personal identifying information for commercial or unlawful purposes from other users which may:

2.4.1 Harm minors in any way.

2.4.2 Violates any law for the time being in force.

2.4.3 Impersonates another person.

2.4.4 Threatens the Unity, Integrity, Defence, Security or Sovereignty of India, Friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation,

2.4.5 Shall not, directly or indirectly, offer, Attempt to offer, Trade or Attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law, Rule, Regulation or Guideline for the time being in force.

2.5. E-Nirmaan reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, Infringing any third party’s intellectual property right, Breaching this Agreement, and Incurring any liability to E-Nirmaan. Each User hereby also agrees that in no event shall E-Nirmaan be liable to any User or any third party for any User’s inability to use or access the Site and the Platform or Services.

2.6 E-Nirmaan reserve right over deleting any material which it may find unlawful or violate the agreement.

2.7 E-Nirmaan may Launch , Change , Upgrade, Add and or Delete the conditions without prior notice.

3. Rejection of User Application

E-Nirmaan reserve the right to reject application of User for any reason mentioned below:

3.1 The User ID and Password should be specific for each account for privacy and safety reason Sharing the User ID and Password to any other business entity or individual is strictly prohibited. 

3.2 User hereby agree for not sharing account details, as it may cause harm to E-Nirmaan and it will also lead to failure to security of user’s account. In such case E-Nirmaan has sole right to terminate user account. 

3.3 After confirmation of purchase and during check out process, user acknowledges that user and E-Nirmaan constitute a contract of payment of services and any delay in payment will lead to breach of contract.

3.4 User acknowledge that some of the services shall be provided via third party service providers, as appointed by E-Nirmaan from time to time.

4. Disclosure of User’s Information

When required by government, law enforcement body or to oblige any entity or individual who has legitimate right, E-Nirmaan will disclose the information which may relate to User’s Identity. In such case User agrees not to prosecute or take legal action against E-Nirmaan.

4.1 E-Nirmaan and buyer will not form a relation of agency irrespective of transaction processed on the site and or the platform.

4.2 In spite of the fact that E-Nirmaan via process of quality check will provide most accurate information of products Goods, Raw material and Services displayed on site. It solely duty of User to indemnify the faults and potential risk involved while making an online purchase.

4.3 In order to help the Registered Users solve and settle any transactional disputes effectively and efficiently, E-Nirmaan has established the “Procedures for Handling Transactional Dispute” Such procedures can be viewed here www.emse.in Registered Users shall agree that when they file the transactional disputes with E-Nirmaan, the Registered Users shall comply with the “Procedures for Handling Transactional Dispute”, and permit E-Nirmaan to make a final binding decision regarding the dispute. 

5. Limitation of Liability

5.1 This Site and or the Platform is provided by E-Nirmaan on to the maximum extent permitted by law on an “As is”, “As available” and “With all facts” structure hence there is no warranty whatsoever in any form, Express or Implied, E-Nirmaan further disclaims any and all Warranties, Express or Implied, including, but not limited to, any Warranties of Condition, Quality, Durability, Performance, Accuracy, Reliability, Non-infringement, Merchantability or Fitness for a specific purpose. You understand, by your use or access of the Site and Platform, that your use or access of the Site and or Platform is at your own risk. This disclaimer does not apply to any Goods, Product and or Service warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.

5.2 E-Nirmaan or any of its Affiliates, Employees, Directors, Officers, Agents, Vendors or Suppliers be shall not liable irrespective of circumstances and by no means of Legal or Equitable theory, whether in Tort, Contract, Strict Liability or otherwise. E-Nirmaan shall not be liable to any other person for any Indirect, Special, Incidental or Consequential Losses or Damages of any nature arising out of poor connection and or inability to use the Site and or Platform , including, Without Limitation, Damages for Lost Profits, Loss of Goodwill, Loss of Data, Work stoppage, Accuracy of Results, or Computer Failure or Malfunction, In spite of E-Nirmaan or any of its representative being aware about the possibility of said damage. 

5.3 E-Nirmaan will not be liable for damages stemming from below mentioned irrespective of the, nature of damage which can be categorised as Special, Direct, Indirect, Punitive, Incidental or Consequential Damages, or related to Contract, Negligence, Tort or otherwise, Disputes with regards to Goods, Services, or Information purchased or Obtained from a seller or a Third-party via the Site and or Platform , including, but not limited to, disputes about Quality, Safety, Warranty, Lawfulness or Availability of such Goods, Raw material Services or Information.

5.4 If E-Nirmaan, and its Employees, Agents, Affiliates, Representatives or Anyone acting on its behalf is found to be liable, notwithstanding any of provisions mentioned in this agreement. E-Nirmaan’s liability will not exceed the total profit earned by E-Nirmaan during three months period preceding the date on which the claim arose.

5.5 No damages categorise as Special, Direct, Indirect, Punitive, Incidental or Consequential Damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in Contract, Negligence, Tort, Equity or otherwise or any other damages resulting from any of the following:

5.5.1 Defect in Goods, Raw material Samples, Data, Information or Services purchased or obtained from any other User of the Site or Platform or any other third party through the site and or Platform, 

5.5.2 Violation of any third party rights or claims or demands that E-Nirmaan’s, Distribution, Offer, Display, Purchase, Sale and/or Use of Products, Goods and or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.

5.6 The limitation and exclusions of liability under this agreement to the maximum extent permitted under the law, shall apply to any such losses which E-Nirmaan has been advised of or should have been aware of the possibility of any such losses.

5.7 The E-Nirmaan is contracting entity and we may enter a contract with third party as some or part of the Services may be supported and provided by affiliates of the E-Nirmaan or third parties, for all such Services your contracting entity will be such affiliate or third party, as the case may be.

6. Modification in Terms.

If any User breaches any Terms, or if E-Nirmaan has reasonable grounds to believe that a User is in breach of any Terms, The E-Nirmaan shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: 

6.1 Suspending or terminating the User’s account and any and all accounts determined to be related to such account by E-Nirmaan in its discretion,

6.2 Restricting, downgrading, suspending or terminating the subscription of, Access to, or Current or Future use of any Service, 

6.3 Removing any content that the User has submitted, posted or displayed, and 

6.4 Any other corrective actions, discipline or penalties as E-Nirmaan may deem necessary or appropriate in its sole discretion. 

7. Force Majeure

Under no circumstances shall E-Nirmaan be held liable for any delay or failure or disruption of the Content or services delivered through the Site resulting directly or indirectly from acts of Nature, Forces or Causes beyond our reasonable control, including, without Limitation, Internet failures, Computer, Telecommunications or Any other equipment failures, Electrical power failures, Strikes, Labour disputes, Riots, Insurrections, Civil disturbances, Shortages of labour or Materials, Fires, Floods, Storms, Explosions, Acts of God, Pandemic, War, Terrorism, Governmental actions, Orders of domestic or foreign courts or tribunals or non-performance by third parties. Access to the Site and or Platform shall not amount to any consideration as conferring upon anyone any license under any of E-Nirmaan’s or any third party’s Intellectual property rights. The E-Nirmaan Names and Logos and all related Product ,Goods , Raw material and Service names, Design Marks and Slogans are the trademarks of E-Nirmaan. All other marks are the property of their respective companies. No trademark, Service Mark or Logo license is granted in connection with the materials contained on this Site. Access to this Site and or Platform does not authorize anyone to use any Name, Logo or Mark in any manner. The unauthorized use of these names, Logos or Marks is strictly prohibited.

8. Indemnification

8.1 You agree to indemnify and keep indemnified E-Nirmaan and its Affiliate, Directors, Officers and employees harmless from and against any and all Losses, Claims, Liabilities, Damages, Costs and Expenses, including attorneys’ fees, arising from following:

8.1.1. Your use of the Site and or the Platform,

8.1.2. Your breach of any representations and or warranties made by you to E-Nirmaan.

9. Third Party References

Any Reference on this Site and or Platform to any Names, Marks, Products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply E-Nirmaan’s Endorsement, Sponsorship or Recommendation of the third party, Information, Product Goods and or Service. E-Nirmaan is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.

10. Notice

10.1 Except as explicitly stated otherwise, all notice or demand to or upon E-Nirmaan shall be in writing and delivered to E-Nirmaan by mail to the following address, E –Nirmaan Materials and Services Private Limited ,located at 603 , Quantum tower , 6th floor, Ram Bagh Lane , Next to SBI , Malad West Mumbai 400067 . Attn: Legal Department Notice shall be deemed effective only when received by E-Nirmaan in the above-mentioned manner.

10.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail provided during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site and or Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

10.2.1 E-Nirmaan is able to demonstrate that communication, whether in Physical or Electronic form, has been sent to such User, or 

10.2.2 Immediately upon E-Nirmaan posting such notice on an area of the Site and or the Platform that is publicly accessible without charge.

10.3 You agree that all agreements, Notices, Demands, Disclosures and other Communications that E-Nirmaan sends to you Electronically satisfy the legal requirement that such communication should be in writing.

11. General

11.1 E-Nirmaan reserves the right to update or modify these User Agreement at any time without giving any prior notice. The most current version of the User Agreement will govern use of the site and will always be at www.emse.in If we make a change to that, in E-Nirmaan’s sole discretion, is material, E-Nirmaan will notify you via e-mail to the e-mail address associated with your account. You are bound by any change constitutes your unconditional agreement to follow and Terms of Added, Amended or Rectified therein.

11.2 This Agreement represents the complete agreement between the parties with respect to your use of the Site, Platform and or Services. All prior Written or Oral agreements and representations between the users and E-Nirmaan related to the same subject matter will nullify.

11.3 Headings used in this User Agreement are for reference purposes only and in no way define or limit the scope of the section.

11.4 You agree not to undertake any action which may undermine the integrity of our feedback system.

11.5 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted and or modified to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

11.6 The failure of E-Nirmaan to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit E-Nirmaan’s rights with respect to such breach or any subsequent breaches.

11.7 E-Nirmaan and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.

11.8 Each User represents, warrants and agrees that,

11.8.1 You shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display,

11.8.2 Any User Content that User 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”),

11.9 E-Nirmaan’s failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of E-Nirmaan’s right to act with respect to subsequent or similar breaches.

11.10 E-Nirmaan may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.

11.11 Any action or proceeding arising out of or related to this Agreement or your use of this Site and or Platform must be submitted to Courts of Mumbai for arbitration which shall be conducted in accordance with the arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.

11.12 This Agreement shall be governed by and construed under the laws Information Technology Act 2000 and its amendments thereof with regard to conflict of law provisions.