Term & Conditions Page

PLEASE READ THE FOLLOWNG TERMS AND CONDITIONS WHILE ACCESSING THE SITE. YOU HEREAFTER AGREE TO BOUND BY THE RULES MENTIONED HERE.

Welcome to E–Nirmaan Materials and Services Private Limited, located at 103, Sai Govind Bhuvan, Mathurdas Road Kandivali-West Mumbai 400 067. This document is stated Terms of Use of Our Website, with unique resource locator www.emse.in. The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your access and use of the Site or Platform www.emse.in and its mobile application.

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. It is an agreement between you as the user(s) of the Site or Platform as a visitor, registered – free or paid user(s)(referred to as “you”, “your” or “User” hereinafter) and E-Nirmaan Materials and Services Private Limited (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 website or URL www.emse.in from any of the devices including but not limited to Mobile Phones, Desktops, Laptops or Tablets.

1. Application and Application of Terms

1.1 While accessing the Site or Platform and use of the Service, Goods , Raw Material , Software ( Collectively , The “Services”) are governed by security and privacy and relevant Intellectual Property Rights Policies ( collectively called “Terms”) We advice you to read the agreement carefully as it would be binding to you as a buyer.

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

1.3 The Terms may not otherwise be modified except in writing by an authorized officer of E-Nirmaan 

1.4 User agrees to accept the Terms and Condition of specific services with E-Nirmaan. In case of any conflict or inconsistency between Specific Terms and Condition. The provisions mentioned in this document will prevail over terms only in relation to the Service concerned.

2. The Use Of the Site

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 Site , Platform and or Services. 

2.2 Usage of Content 

2.2.1 Any Information, Image , Graphics, Text, Designs, Files, Directories, Icons, Gif, Video clips , Written component, Data base and Listings etc available on Site or Platform (Collectively , the Contents) are intended for personal and non-commercial use. Download, Compile or otherwise use the Site or the Platform of said content by user for the purposes of operating a business that competes with E-Nirmaan, or otherwise commercially exploiting the Site or Platform Content or systematic retrieval of the Site or Platform Content from the Site or the Platform to create or Compile, Directly or Indirectly, a Collection, Compilation, Database or Directory (whether through Robots, Spiders, Automatic devices or Manual Processes) or use of any of any content or materials on the sites for any purpose not expressly permitted in the Terms is prohibited. All the software used in Site or the Platform is solely owned by E-Nirmaan hence you shall not Copy, Reproduce, Download, Re-publish, Sell, Distribute or Resell of any the Services or any part of the service or software,

2.2.2 Sell, distribute or resell of any services shall be avoided.

2.3 Restrictions while usage of Website or Platform:

2.3.1 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,

2.3.2 Engages in commercial activities and/or sales without our prior written consent such as Contests, Sweepstakes, Barter, Advertising and Pyramid schemes, or the Buying or Selling of "virtual" products related to the Site or the Platform. Throughout this Terms of Use, our prior written consent means a communication coming from our Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization,

2.3.3 Solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal,

2.3.4 Interferes with another User 's use and enjoyment of the Site or Platform or any other individual's User and enjoyment of similar service,

2.3.5 Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use,

2.3.6 Harm minors in any way,

2.3.7 Infringes any Patent, Trademark, Copyright or other Proprietary rights or Third party's Trade secrets or Rights of publicity or Privacy or shall not be fraudulent or involve the Sale of counterfeit or stolen products,

2.3.8 Violates any law for the time being in force,

2.3.9 Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature,

2.3.10 Impersonates another person,

2.3.11. Contains software viruses or any other Computer Code, Files or Programs designed to Interrupt, Destroy or Limit the functionality of any computer resource; or contains any Trojan horses, Worms, Time bombs, Cancel-bots, Easter eggs or other computer programming routines that may Damage, Detrimentally interfere with, Diminish value of, Surreptitiously intercept or Expropriate any System, Data or Personal information,

2.3.12 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,

2.3.13 User 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,

2.3.14 User Shall not create liability for E-Nirmaan or cause E-Nirmaan to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers,

2.3.15 User shall not use any "Deep-link", "Page-scrape", "Robot", "Spider" or other automatic Device, Program, Algorithm or Methodology, or any similar or equivalent manual process, to Access, Acquire, Copy or Monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any Materials, Documents or Information through any means not purposely made available through the Site or the Platform. E-Nirmaan serves its right to bar any such activity,

2.3.16 User shall not attempt to gain unauthorized access to any portion or feature of the Site or the Platform, or any other systems or networks connected to the Site or the Platform or to any Server, Computer, Network, or to any of the Services offered on or through the Platform, by Hacking, Password "Mining" or any other illegitimate means,

2.3.17 Unless expressly permitted, User shall not Probe, Scan or Test the vulnerability of the Site or the Platform or any network connected to the Platform nor breach the security or authentication measures on the Site or the Platform or any network connected to the Platform. User may not Reverse look-up, Trace or Seek to trace any information on any other User of or visitor to the Site or the Platform, or any other user, including any account on the Site or the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by Site or the Platform,

2.3.18 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,

2.3.19 Distribution of user’s data.

2.4 You must read E-Nirmaan’s Privacy Policy available on www.emse.in, which governs the protection and use of personal information about Users of Platform and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

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 or Services.

2.6 E-Nirmaan has sole discretion to limit, terminate and deny the right to use or access the site or platform for any reason whatsoever without affecting third party rights and or breach of this agreement or incurring any liability to E-Nirmaan. User hereby also agrees that in no event shall E-Nirmaan be liable for any of User’s inability to use or access the Site or Platform.

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

2.8 You must register as a member on Site or the Platform in order to access and use Services properly. Further, E-Nirmaan reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that E-Nirmaan may impose in its own discretion from time to time.

3. Purchasing On the site

3.1 Enrolment as registered user to avail the services is mandatory. The use of this registered account shall be subject to the term mentioned in the User agreement accepted by you at the time of registration. E-Nirmaan reserve the right to reject application of user for any reason. E-Nirmaan shall provide account to each approved and then registered user. Each user should provide required information about their business.

3.2 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.

3.3 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.

3.4 While browsing the E-Nirmaan’s website or using its Platform, User might come across offensive, indecent images and written component. E-Nirmaan will not be liable or sued for such display of such content.

3.5 User acknowledge the cost/price mentioned on Site or Platform includes the commission or profits to E-Nirmaan.

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

3.7 User agrees that display of products may contain Copyrights, Trademarks. Trade secrets , Patents and other personal or proprietary third-party rights. 

3.8 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.Transactions between Buyer and E-Nirmaan

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

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

4.3 E-Nirmaan should not be held liable regarding disputes arising out of Quality, Safety, Breach of Warranty and Lawfulness or any infringement arising out of intellectual property, as well as availability of Goods , Raw material and Services.

4.4 Buyer indemnify and keep indemnified E-Nirmaan and its Agent, Affiliates, Director , Officers and Employees from all Claims, Demands, Actions, Proceedings, Costs, Expenses and Damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.

4.5 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 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 or Platform is at your own risk. This disclaimer does not apply to any 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 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:

5.3.1 Disputes with regards to Goods, Raw material ,Services, and or Information purchased or Obtained from 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 and or Information,

5.3.2 Violation with regards to Third Party Rights on the Site and or Platform,

5.3.3 Unauthorized access to data or private information of any User on the Site and or the Platform, or

5.3.4 Review, Comments, Statement or Conducts by any User of the Site or Platform.

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 liability will not exceed the total profit earned by E-Nirmaan during the 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 The inability while using the Site , Platform and or Services, 

5.5.2 Defect in Goods, 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,

5.5.3 Violation of any third party rights or claims or demands that E-Nirmaan’s , Distribution, Offer, Display, Purchase, Sale and or Use of Goods , Raw material and or services offered or displayed on the Site and or Platform 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,

5.5.4 Usage of data by unauthorized third parties,

5.5.5 Review, Comments, Statements and or Conduct of any User of the Site and or Platform, or 

5.5.6 Any matters relating to Services, however arising, including through negligence.

5.6 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.

5.7 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 arising.

6. Breaches

6.1 E-Nirmaan reserves the right in its sole discretion to Remove, Modify or Reject any User Content that User submit to, Post or Display on the Site or the Platform which E-Nirmaan reasonably believe is unlawful, violates the Terms, could subject E-Nirmaan or its affiliates to liability, or is otherwise found inappropriate in E-Nirmaan ’s opinion.

6.2 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: 

6.2.1 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, 

6.2.2 Restricting, Downgrading, Suspending or Terminating the subscription of, Access to, or Current or Future use of any Service,

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

6.3The E-Nirmaan reserves the right to cooperate fully with Governmental authorities, Private investigators and or Injured third parties in the investigation of any suspected Criminal or Civil wrongdoing. Further, E-Nirmaan may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

7. Indemnification

7.1 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:

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

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

8. 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, Pandemic, Storms, Explosions, Acts of God, War, Terrorism, Governmental actions, Orders of domestic or foreign courts or tribunals or non-performance by third parties.

9. Copyrights, Trademarks and Other Intellectual Property Rights

9.1All contents on the Site and or Platform are Copyrights, Trademarks, Trade dress and or other Intellectual property owned, controlled or licensed by E-Nirmaan or one of its affiliates and are protected by Indian laws . and International Copyright, Patent, Trademark and Other Intellectual Property Laws. E-Nirmaan is the sole owner or lawful licensee of Rights and Interest in site or platform.The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of E-Nirmaan and is also protected by International Copyright, Patent, Trademark and Other intellectual property laws.

9.2 E-Nirmaan and its suppliers and or licensors expressly reserve all Intellectual property rights in all Text, Programs, Products, Processes, Technology, Content and other materials which appear on the Site or Platform . Access to the Site and or platform will 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 Goods 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 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.

9.3 References on this Site or Platform to any Names, Marks , Goods Raw Material 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 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. Termination

These Terms of Use are effective unless and until terminated by either you or E-Nirmaan. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site or the platform. E-Nirmaan also may terminate this Agreement at any time and may do so immediately without notice, and according obtained from this Site or Platform, as well as all copies of such materials, whether made under the Terms of Use or otherwise. E-Nirmaan’s right to any Contents, and the provisions of Sections 2.6, 3, 4, 5, 7, 9, 11 and 12, shall survive any termination of this Agreement.

11. Notice

11.1 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 t 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.

11.2 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 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:

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

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

11.3 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.

12. General

12.1 E-Nirmaan reserves the right to update or modify these Terms of Use at any time without giving any prior notice. The most current version of the Terms of Use 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.

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

12.3 Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

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

12.5 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.

12.6 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.

12.7 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.

12.8 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.

12.9 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.

12.10 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.