Browsing, Access and Placing Orders on the Website

You may access the Website for obtaining information on the Products offered through the Website, availing information on the Products, obtaining information regarding Sellers (without violation of the User Agreement) and related matters. Access and use of the Website is prohibited for Unauthorized Users.

When you access the Website or in order to avail of the Products and Services listed on the Website, you may do so by creating a Registered Account on the Website. You will be permitted to access and browse the Website without creating a Registered Account (Guest User) provided that you are not an Unauthorized User. You may use this Registered Account for future transactions or interactions with the Website as well.

We recommend that you create a Registered Account when you use the Website for the following reasons, amongst others:

We provide information about our promotions, offers and discounts to our Registered Users regularly;

Certain details, such as delivery addresses and contact details, will be stored for future transactions as well; and,

You can also browse the history of your Registered Account including past transactions;

The User may be required to submit certain information mandatorily in order to open a Registered Account or avail of the Products and services. In the event that the User does not submit such information, shubhbuildshall have the right to restrict the nature of information made available to such User and may also refuse to provide all or any Services to the User. All such mandatory information as well as optional information shall be true and correct in every aspect. The User shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. shubhbuild shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to shubhbuild or for ensuring the authenticity of any information. For more information on shubhbuild and User's liabilities for information

Definitions bouquet

Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:

"Applicable Law"

shall mean any laws of India including any rules and regulations which may be applicable vis-�-vis the Services being provided under these Terms or on account of breach of any of these Terms;

"Authorized User"

shall include: Registered Users, i.e. and Guest Users (as defined below); "Buyer" shall mean and include any Person who visits the Website to purchase any of the Products listed therein, either as a Registered User or a Guest User;

"shubhbuild" or "we/our/us"

shall mean shubhbuild, incorporated under the laws of India, having its registered 52/206, Rajeev Tower Second floor, Near Apex college, mansarovarjaipur, Raj-India being the owner of the Website and its representatives, officers, successors and assignees; and as referred to in these Terms (as defined below);

"Guest User"

shall mean Persons other than Registered Users who have access to the Website with the intention to browse the Products available without a Registered Account and who may purchase Products without being a Registered User;

"Intellectual Property"

shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered;

"Person"

shall mean and include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated;

"Product(s)"

shall mean the construction related product(s), made available by the Seller for sale on the Website and includes but is not limited to construction materials, furniture fixtures, home accessories, lights, carpentry material, painting materials etc.;

"Fee"

shall mean the amount payable by the buyer to shubhbuild on account of services rendered by shubhbuildfor purchase of product, shubhbuildcan impose fees on the buyers in any nature or form or in any name like Service fee etc.

"Registered Account"

shall mean the user accounts created by the Registered User on the Website with a user login ID and password for the purpose of availing of the Services and all codes, information, passwords and other information pertaining to the Registered Account;

"Registered User"

shall mean Persons registered with the Website with a login ID and password and who hold Registered Accounts and may include a Buyer or a Seller;

"Seller"

shall mean any Person who is a Registered User who will be providing the Products for sale to the Buyer in pursuance of the order placed on the Website and subject to the Terms;

"Services"

shall mean the services offered by shubhbuildthrough the Website whereby a Authorized User may access the Website to view, upload and access a range of Products displayed therein to sell and to purchase the Products offered by the Sellers;

"Terms"

shall mean collectively the Terms and Conditions of Use, the Privacy Policy, the Disclaimer of the Website, Returns and Cancellations and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services as amended or modified from time to time;

"Unauthorized User"

would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same;

"User(s)" or "you/your"

shall include both Authorized Users and Unauthorized Users;

"User Agreement"

shall mean the legally binding contract deemed to exist between a User and shubhbuildand shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind shubhbuildto perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder;

"Website"

shall mean the e-commerce website "www.shubhbuild.com" shall mean the e-commerce website "www.shubhbuild.com" and further web pages/websites created by or on behalf of shubhbuildrelated to the above-mentioned site;

The singular includes the plural and vice versa, and words importing a gender include other genders.

Delivery Deadlines

shubhbuild undertakes to make every reasonable effort to ensure that the Seller delivers the Products according to the delivery schedules mentioned by the Seller 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 Seller are not included when the Seller 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 Seller.

Maintenance

shubhbuild 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 shubhbuildshall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.

Notice

All notices shall be in English and in writing and sent to the following addresses:

If sent or addressed to the User, then to the address provided by the User in the User's Registered Account;

If sent or addressed to shubhbuild, then to the following address:

Name and Designation: shubhaviBussiness Solution Pvt. Ltd.

Address: 52/206, Rajeev Tower Second floor, Near Apex college, mansarovarjaipur, Raj-India E-mail Address: info@shubhbuild.com

Notices by shubhbuild to a User shall be displayed on these Terms, elsewhere on the Website or sent to the User at the abovementioned address.

Placing of Order and Payment

Once the User accesses the Website as a Buyer, he / she may go through the various Products and services listed therein on the Website and choose the one as per their needs.

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 Seller.

After the Buyer's order is finalized and confirmed, the buyer has to make payment of convenience fee along with the total product price, thereafter Buyer may choose to make payment for his / her order in several ways:

Cash on / before Delivery, if available for the relevant Product

Some of these payment methods may not be available at all times, and the Buyer may be required to choose another form of payment. Further, each payment method the Buyer chooses may be subject to certain restrictions or conditions as detailed in these Terms.

The Buyer shall be responsible for the correctness of the information provided. While availing of the various payment methods listed on the Website, shubhbuildshall 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 authorisation for any transactions, or

Decline of transaction by the Buyer's bank for any other or

Any issues of payment arising out of the transaction, or;

Credit facility can be extended by the seller to the buyer via shubhbuild.com, such credit terms shall be a bipartite between the buyer/builder and the seller/supplier alone and shubhbuild shall have no liability for credit extended by seller. The buyer hereby expressly agrees that any order placed on credit terms, it shall be the sole responsibility of the buyer to make payment on time. Seller shall do complete due diligence on the buyer before agreeing the credit terms with buyers. shubhbuild shall have no liability for any default/non-payment of order amount from buyer relating to the credit transaction. The Buyer hereby agrees and acknowledges that shubhbuild 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 on delivery option, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. shubhbuildmay do such checks as it deems fit, to confirm credibility and commitment of Buyers, when they opting for the cash on delivery for the Products, for security or other reasons at the discretion of shubhbuild. As a result of such a check if shubhbuildis 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 on delivery for the Products purchased. shubhbuildmay delay notifying the Seller to dispatch the Products to the Buyer, if shubhbuilddeems a transaction of unusually high volumes to be suspicious, to ensure safety of the transaction. In addition, shubhbuildmay inform the Seller 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.

Role of Shubhbuild

The role of shubhbuild is that of an intermediary and the Website is in the nature of an online marketplace whereby Users may browse through the various Products which may be purchased through the Website from the Sellers. In this regard, it is clarified that the role of shubhbuild is limited to putting the Buyers in touch with the relevant Sellers for the provision of the Products and services and all commercial/contractual terms are between Buyers and Sellers 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. shubhbuild neither exercises any control nor does it determine, advise, solicit or in any way involve itself in such commercial/contractual terms between the Buyers and Sellers. shubhbuild does not assume responsibility for the Products and services provided by the Sellers. 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 Seller and the Buyer.

Termination

shubhbuild 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 shubhbuild, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;

That in the opinion of shubhbuild 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 shubhbuild whatsoever.

In addition to the above, either shubhbuild or a User may terminate the User Agreement by giving the other a prior written notice of 7 days to this effect without assigning reasons. At the discretion of shubhbuild, such notice period may be waived or reduced by shubhbuildvis-�-vis a User.

Terms and Conditions of Use

The domain name www.shubhbuild.com (hereinafter the "Website).

These Terms and Conditions of Use shall apply to all Persons who access the Website (as defined below) and to all Persons to whom Services are provided by shubhbuild, the owner of the Website. shubhbuild essentially owns and operates an online market place on its Website which acts as an online platform for different sellers to sell their products (hereinafter "Sellers") and for different Users to access a range of Products and to purchase the Products (as defined below) offered by Sellers; Access to the Website and the Services is subject to your compliance with and acceptance of these Terms and Conditions of Use, the Privacy Policy (found here), the Disclaimer (found here), the Returns and Cancellation Policy (found here) 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". Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter "the User Agreement") between a User and shubhbuildvis-�-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith. Acceptance of the Terms, Modifications and Consequences of Violation of the Terms

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, free, absolute and unqualified acceptance thereof without fraud, coercion or undue influence. If you do not agree with any of the Terms, please do not access the Website or use the Services. The User further represents that the User has the necessary capacity to contract under Indian laws or the laws applicable to the User and is capable of performing the obligations required of the User under the Terms. The User shall be obliged to inform shubhbuildof any subsequent disability to contract, upon which shubhbuildshall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User. shubhbuild may amend/modify the Terms at any time, and such modifications shall be notified via email to our registered users 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. In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, you shall be deemed to be an Unauthorized User and shubhbuildshall be entitled to terminate the User Agreement immediately, block your Registered Account and remove any information or posting which is does not comply with the terms or any law in force in India. shubhbuildshall also be entitled to block access by you to the Website and / or seek any additional relief as available under law.

Undeliverable or Rejected Products

In a situation where the Seller / authorised 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 Seller does not receive any instructions from the Buyer within 30 (thirty) days from the time the Seller / 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.

Use of Information

"Confidential Information"

shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of shubhbuild or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by shubhbuild or a third party Person on behalf of shubhbuild to the User pursuant to access or use of the Website or the Products displayed therein or Services, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information. The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of shubhbuild and that he / she will use such confidential / proprietary information solely for the purposes of availing the Services. Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a "need to know" basis and shall impose upon them the confidentiality obligations stated herein. The obligation of non disclosure described herein, will not be deemed to restrict the User from using and / or disclosing any of the Confidential Information which:

Is or becomes publicly known or within the public domain without the breach of the Terms;

If the User is requested or required by law or by any Court or governmental agency or authority to disclose any of the Confidential Information, then the User will provide shubhbuild with prompt notice of such request or requirement prior to such disclosure.

No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User's internal or personal purposes and undertakes to not make modifications to such information or make additional representations and warranties relating to such documents. Any violation of the above Terms by the User shall be treated as a material breach of the Terms entitling shubhbuildto terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User. Upon the termination of the User Agreement, the User shall return to shubhbuildall original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein. The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.