TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 physical or digital signatures.

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 domain name “Infratech.com”/ “Infratech “/ “Website”/ “Aggregating marketplace”, including the related mobile site and mobile application (hereinafter referred to as “Platform”/ “Infratech.com”/ “Infratech “/ “Website”/ “Aggregating marketplace”).

The Platform is owned by Sarvesha Infrastructure Constructions private limited a company incorporated under the Companies Act, 1956 with its registered office at A-93/15, Near Nanda Hospital, Chhatarpur Extension, New Delhi, India-110074 (hereinafter referred to as 'Infratech.com'/ “Infratech “).

Your use of the Platform and products and services and tools are governed by the following terms and conditions ('Terms of Use') as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Sarvesha Infrastructure Constructions private limited and these terms and conditions including the policies constitute your binding obligations, with Infratech.com.

For the purpose of these Terms of Use, wherever the context so requires 'You' or 'User' shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Infratech.com allows the User to surf the Platform without registering on the Platform. The term 'We', 'Us', 'Our' shall mean Sarvesha Infrastructure Constructions private limited.

When You use any of the products and services provided by Us through the Platform, including all but not limited to Products, services, Buyer Reviews, Seller Reviews, ratings; You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Infratech.com Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time

DEFINITION:

• Users: User can be any person (“User”) including all but not limited to Clients, manufacturing partners, specialised agencies, Service providers, contractors, rate contract partners, agencies, any other stakeholder. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Website/ marketplace for any purpose.
  • Any person ("User") including all but not limited to who purchases, intends to purchase, inquires or receive Quotes about all or any product(s) and/ or service(s) and any person (“User”) including all but not limited to who sells, intends to sell, inquires, or sends quotes for all or any products(s) or services(s) made available by INFRATECH through any of Infratech’s interface channels including its websites, Mobile apps, and Offline channels including sales persons, offices, call centers, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
  • For the purposes of this Agreement means and includes a "User" is any person who accesses the Site or the Mobile App for whatever purpose, regardless of whether said User has registered with Infratech as a registered User/ Member or whether said User is a paying client for a specific service provided by Infratech (“Buyer”) or is a manufacturer or a specialised agency, or a contractor, or a rate contract party, or any other agency offering products and services on/ through our Website/ Marketplace/ technology platform or Mobile App(“Seller”). A User means only those individuals, firms or companies who can form legally binding contracts under the Indian laws.
• Content: For the purposes of this Agreement means and includes not being limited to web-pages, hyper-links, tools, information, software, text, graphics, links, video etc.
• Free Services: Means services availed by any User who joins this Infratech web portal/ marketplace/ technology platform or the Mobile App either to list their requirements, creates wish list or just with the intention to enlist their products and services etc.
• Paid Services for the purpose of this Agreement: access to this web portal. Infratech or Mobile App and certain features are provided to all Users free of charge. However, we reserve the right, without prior notice, to restrict access to certain areas or features of the Website or Mobile App ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services may be governed by additional terms and conditions under separate agreements in addition to this Agreement. The Company reserves a right, without prior notice to you, to make products and Services provided by it subject to payment for use.
• Registered User/ Member Includes a Buyer and a Seller.
• Third Party Content for the purpose of this Agreement means certain Content displayed on this Website or Mobile App, provided or posted by third parties.

APPLICABILITY:

• This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of Sarvesha Infrastructure constructions Private Limited and its subsidiaries/affiliates (hereinafter “INFRATECH”).
• Both User and INFRATECH are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
• “Terms of Service” available on INFRATECH’s website details out terms & conditions applicable on various products and services facilitated by INFRATECH.
• Your use of our Website/ Marketplace/ Technology platform or Mobile App and all the web-pages, hyper-links, tools and services provided there under (which shall include successor or replacement website/ Marketplace/ Technology platform, mobile application) is governed by the following Terms as applicable to the Website, Marketplace/ Technology platform, Mobile App ( ”User Agreement” ). This User Agreement shall come into effect upon your each visit or usage of the Website, Marketplace/ Technology platform, Mobile App, upon you providing any information or upon your registration on the Website/ Marketplace/ Technology platform, Mobile App in this User Agreement, you are contracting with Infratech.
• It should be noted that Infratech is merely an aggregating marketplace platform between Buyers and Sellers for construction products and services. This Website/ Marketplace/ Technology platform is an electronic web based platform that facilitates an online manager to deliver all the needs of infrastructure construction works products and services

ELIGIBILITY TO USE:

• The User must possess the legal authority to enter into an agreement so as to become a User and to further Buy & Use the products and services of INFRATECH.
• Before using the Website, approaching any Sales Channels or procuring the products and services of INFRATECH, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with INFRATECH. If the User does not agree with any part of this Agreement, then the User must not avail INFRATECH's services and must not access, approach & use the Sales Channels of INFRATECH.
• All rights and liabilities of the User and INFRATECH with respect to any services or product facilitated by INFRATECH shall be restricted to the scope of this User Agreement.
• Each User/ Member represents warrants and agrees that:
  • They have the right to avail or use the products and services provided by INFRATECH, including all but not limited to the Website/ marketplace/ technology platform or any other services provided by INFRATECH in relation to the use of the Website/ Marketplace ("INFRATECH’s Services").
  • INFRATECH’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements.
  • As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use INFRATECH’s Services.
  • User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time.
  • INFRATECH or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over INFRATECH’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).
  • INFRATECH at its sole discretion reserves the right to refuse INFRATECH’s Services to anyone at any time. INFRATECH’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by INFRATECH.
  • You have full power and authority to accept the Terms, to grant the license, authorization and to perform the obligations hereunder;
  • You use the Site and Services for business purposes only; and
  • The address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
• Upon becoming a User/ Member, you consent to the inclusion of the contact information about you in our Buyer and Seller Database and authorize Infratech.com & our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.

COMMUNICATIONS:

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation 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. Infratech.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Infratech.com.

Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

Infratech.com does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Infratech.com does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Infratech.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Infratech.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Infratech.com cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Infratech.com shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

Infratech.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment in that behalf.

Infratech.com does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

At no time shall Infratech.com hold any right, title or interest over the products nor shall

Infratech.com have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Infratech.com is not responsible for unsatisfactory or delayed performance of products and services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Infratech.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.Infratech.com, currently, does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.

At no time shall Infratech.com hold any right, title or interest over the products nor shall Infratech.com have any obligations or liabilities in respect of such contract. Infratech.com is not responsible for unsatisfactory or delayed performance of products and services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

You release and indemnify Infratech.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Infratech.com cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

CHARGES:

Membership on the Platform is free for buyers. Infratech.com does not charge any fee for browsing and buying on the Platform. Infratech.com reserves the right to change its Fee Policy from time to time. In particular, Infratech.com may at its sole discretion introduce new products and services and modify some or all of the existing products and services offered on the Platform. In such an event Infratech.com reserves the right to introduce fees for the new products and services offered or amend/introduce fees for existing products and services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Sarvesha Infrastructure Constructions private limited

USE OF THE PLATFORM:

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You do not have any right to;
• 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;
• is misleading in any way;
• 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;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• 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];
• promotes an illegal or unauthorized copy of another person`s copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
• Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

• provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person (with a minor or an adult).
• 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;
• 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 Platform. Throughout this Terms of Use, Infratech.com`s prior written consent means a communication coming from Infratech.com`s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
• solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
• interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar products and services;
• refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
• harm minors in any way;
• 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;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (m) impersonate another person;
• 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, cancelbots, 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;
• 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.
• shall not be false, inaccurate or misleading;
• 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
• shall not create liability for Us or cause Us to lose (in whole or in part) the products and services of Our internet service provider ("ISPs") or other suppliers; You 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 Platform. We reserve our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the products and services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, 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 Your own information, as provided for by the Platform.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Infratech.com, Infratech, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Infratech.com or sellers on platform or otherwise tarnish or dilute any Infratech.com`s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Infratech.com`s systems or networks, or any systems or networks connected to Infratech.com.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person`s use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Infratech.com and/ or others.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Solely to enable Us to use the information you supply us with, so that we are not violating any rights You might have in Your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.

From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Infratech.com shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Infratech.com views. In no event shall Infratech.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which we deems appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible those other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.

Infratech.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in Do’s/DDoS (Distributed Denial of Products and services).

If you choose to browse or transact on the Platform using the voice command-based shopping feature, you acknowledge that Infratech.com and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Infratech.com and/or its affiliates’ products and services. Infratech.com and/or its affiliates’ use of your voice data will be in accordance with the Infratech.com Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. Infratech.com reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.

You acknowledge and agree that Hindi translation feature is made available on the Website on a reasonable effort basis for convenience only, without any representation or warranties by Infratech.com, express or implied, including it being error free, its accuracy, completeness or reliability. Infratech.com expressly disclaims any liability of any nature whatsoever arising from or related to the said Hindi translation feature. Some features and sections on the Website may not be translated in Hindi language, and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Website, the English version on the Website shall prevail. This feature may not be accessible on certain devices. Infratech.com reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you.

USER(S) AGREEMENT:

This Agreement applies to any person who accesses or uses the Website/ Marketplace or uses INFRATECH Services for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Website/ marketplace/ technology platform, under actual or apparent authority. User(s) may use this Website/ Marketplace and/or INFRATECH Services solely for their commercial/ business purposes.

This Agreement applies to all the products and services offered on the Website/ Marketplace and by INFRATECH, collectively with additional terms and conditions through Work orders and Purchase orders that may be applicable in respect of any specific products and service used or accessed by User(s) on the Website.

In the event of any conflict or inconsistency between any provision of this Agreement and additional terms and conditions of work orders and purchase orders applicable in respect of any products and service offered on the Website/ Marketplace and/ or, such additional terms and conditions applicable in respect of that specific product and service shall prevail over this Agreement. This Agreement shall govern the User’s usage of INFRATECH products and Services and, the User acknowledges that this Agreement shall supersede all or any term, agreement, contract executed between INFRATECH and the User.

AMENDMENT TO USER(S) AGREEMENT:

INFRATECH reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Website/ Marketplace. If you do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify your acceptance of the amended provisions of the Agreement

CONTENT:

• All content provided through various Sales Channels, including all but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by INFRATECH and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
• User agrees to follow all instructions provided by INFRATECH which will prescribe the way such User may use the Content.
• There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of INFRATECH, as may be applicable. INFRATECH does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.
• INFRATECH respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;
  • Clear identification of such copyrighted work that you claim has been infringed;
  • Location of the material on the Website, including but not limited to the link of the infringing material;
  • The proof that the alleged copyrighted work is owned by you;
  • Contact information;
• The aforesaid notices can be sent to INFRATECH by email at ceo@sarveshainfra.com.

USING THE WEBSITE/ MARKETPLACE/ TECHNOLOGY PLATFORM/ APPS:

• The Website is meant to be used by bonafide User(s) for a lawful use.
• User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
• The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
• Access to certain features of the Website may only be available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to INFRATECH is true and accurate.
• INFRATECH reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
• INFRATECH will always make its best endeavours to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
• INFRATECH reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to India. On receiving such report, INFRATECH reserves the right to investigate and/or take such action as the Company may deem appropriate.
• As a condition of your access to and use of the Website/ marketplace/ technology platform, Mobile App or Services, you agree that you will comply with all applicable laws and regulations when using the Website/Mobile App’s products and Services.
• You agree to use the Website/Mobile App and Services solely for your own purposes. You agree that:
  • You will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Website, and
  • You will not copy, reproduce, download, compile or otherwise use any Content for the purposes of operating a business that competes with Infratech, or otherwise commercially exploiting the Content. Systematic retrieval of Content from the Website/ Mobile App to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Infratech is prohibited. Use of any content or materials on the Website/ Mobile App for any purpose not expressly permitted in the Terms is prohibited.
• We reserve the right, but have no obligation, to monitor the materials posted on the Website/ Mobile App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Website/ Mobile App and in your private messages. In no event shall Infratech assumes or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website

SECURITY AND ACCOUNT RELATED INFORMATION:

• While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify INFRATECH immediately in writing of any unauthorized use of their password or account or any other breach of security. INFRATECH will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.
• User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.
• INFRATECH keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering sale on credit (finance) etc., INFRATECH may at times verify certain information of its Users like their credit score, as and when required.
• INFRATECH adopts the best industry standard to secure the information as provided by the User. However, INFRATECH cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.
• The data of the User as available with INFRATECH may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User

FEES AND PAYMENT:

• In addition to the cost of product, INFRATECH.COM reserves the right to charge certain fees including all but not limited to convenience fees, any other fees. INFRATECH.COM further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before collecting the payment from such User.
• In cases of short charging of the product amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, INFRATECH.COM shall reserve the right to deduct charge or claim the balance amount from the User and the User shall pay such balance amount to INFRATECH.COM. In cases where the short charge is claimed prior to the delivery of the product, INFRATECH.COM will be at liberty to cancel such product if the amount is not paid before the delivery date and/ or as per the payment terms and conditions of the Work order or Purchase order.
• Any increase in the price charged by INFRATECH.COM on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
• In the rare circumstance of a products and services not getting delivered for any reason whatsoever, INFRATECH.COM will process the refund amount paid by the User and intimate the User about the same. INFRATECH.COM is not under any obligation to provide an alternate arrangement in lieu of or to compensate or replace the unconfirmed product delivery or Products and services delivery.
• The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the products and services, as per the applicable laws.
• The User agrees and understands that all payments shall only be made to bank accounts of INFRATECH.COM. INFRATECH.COM or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of INFRATECH.COM. The User agrees that if that user transfers any amount against any products and services or transaction to any bank account that is not legitimately held by INFRATECH.COM or to any personal account of any person, INFRATECH.COM shall not be held liable for the same. User shall not hold any right to recover from INFRATECH.COM any amount which is transferred by the User to any third party.
• The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of INFRATECH.COM. The User shall immediately inform INFRATECH.COM if such details are demanded by any of its agents’ employees or representatives. INFRATECH.COM shall not be liable for any loss that the User incurs for sharing the aforesaid details.
• Refunds, if any, on cancellation will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that product/service.
• While availing any of the payment method/s available on the Platform, 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, or
  • Exceeding the present limit mutually agreed by you and between "Bank/s", or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s
  All payments made against the purchases/ products and services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
• Before shipping / delivering your work order(s), purchase order(s) to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID 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.
• Payment Facility for Buyers
  You, as a Buyer, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through your Issuing Bank to the Seller using Payment Facility.

  You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/ increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extensions/ increase of Dispatches/ Delivery times or subsequent developments & variations of the Transaction should be in compliance with Payment Facility Rules and Policies.

  You, as a Buyer, shall electronically notify Payment Facility using the appropriate Infratech.com Platform features immediately upon Delivery or non-Delivery within the time period as provided in Policies/ work order(s)/ purchase orders(s). Nonnotification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.

  You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies/ work order(s)/ purchase orders(s) and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.

  For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

  Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.

  Refund shall be conditional and shall be with recourse available to Infratech.com in case of any misuse by Buyer. We may also request you for additional documents for verification. Refund shall be subject to Buyer complying with Policies/ work order(s)/ purchase orders(s).

  Infratech.com reserves the right to impose limits on the number of Transactions or Transaction Price which Infratech.com may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

  Infratech.com reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements/ work order(s)/ purchase orders(s) by Buyer with Infratech.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

  Infratech.com may do such checks as it deems fit before approving the receipt of/ Buyers commitment to pay for (payment on Delivery at user/ Site/ shipment location ) Transaction Price from the Buyer for security or other reasons at the discretion of Infratech.com. As a result of such check if Infratech.com is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Infratech.com shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘payment on Delivery at user/ Site/ shipment location’ feature for payment may be disabled for certain account users, at the sole discretion of Infratech.com. Infratech.com may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Infratech.com deems suspicious or for Buyers conducting high transaction volumes/ wrongful transactions to ensure safety of the Transaction and Transaction Price. In addition, Infratech.com may hold Transaction Price and Infratech.com may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

  The Buyer and Seller acknowledge that Infratech.com will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/ Transaction Price or any delay in processing a Transaction/ Transaction Price which is beyond control of Infratech.com.

• Compliance with Laws:
  As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

  Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Infratech.com Platform

• Buyer's arrangement with Issuing Bank
  All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

  All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these products and services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

• Platform for Transaction and Communication
  The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Infratech.com is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

  All commercial/ contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/ contractual terms include without limitation 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. Infratech.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/ contractual terms between the Buyers and Sellers.

  Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/ SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

  Infratech.com does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Infratech.com does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Infratech.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  Infratech.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Infratech.com cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Infratech.com shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

  Infratech.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment in that behalf. Infratech.com does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

  At no time shall Infratech.com hold any right, title or interest over the products nor shall Infratech.com have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Infratech.com is not responsible for unsatisfactory or delayed performance of products and services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Infratech.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. Infratech.com, currently, does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if you intend to avail the benefits of input tax credit.

  At no time shall Infratech.com hold any right, title or interest over the products nor shall Infratech.com have any obligations or liabilities in respect of such contract. Infratech.com is not responsible for unsatisfactory or delayed performance of products and services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with. Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

  You release and indemnify Infratech.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Infratech.com cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

  Please note that there could be risks in dealing with underage persons or people acting under false pretence

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY INFRATECH:

• INFRATECH will send products and services confirmation, cancellation, payment confirmation, refund status, or any such other information relevant for the transaction made by the User, via SMS, voice call, e-mail or any other alternate communication detail provided by the User at the time of purchase of a product or services.
• INFRATECH may also contact the User through the modes mentioned above for any pending or failed transaction, to know the preference of the User for concluding the sale and also to help the User for the same.
• The User hereby unconditionally consents that such communications via SMS, voice call, email or any other mode by INFRATECH are:
  • Upon the request and authorization of the User;
  • Transactional’ and not an ‘unsolicited commercial communication’ in compliance of the local laws, and
  • In compliance with the relevant guidelines framed by the Telecommunications Regulatory Authority (TRAI) or such other relevant authority in the relevant jurisdiction.
• IThe User will indemnify INFRATECH against all types of losses and damages incurred by INFRATECH due to any action taken by the Telecommunications Regulatory Authority (TRAI) or such other relevant authority in the relevant jurisdiction, Access Providers or any other local authority due to any erroneous complaint raised by the User on INFRATECH with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
• IUser also understands that they will always have an option of withdrawing the consent as set out above. User will have an unconditional right to opt out of receiving messages and email including but not limited to communications that are of marketing in nature by simply writing to INFRATECH on ceo@Sarveshainfra.com or by amending the notification settings in User’s account profile settings.

FURTHER:

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Infratech.com liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty products and services or fraud as regards the products and /or services listed on Infratech.com's Platform.

You have specifically authorized Infratech.com 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 in respect of transactions through Payment Facility. Your relationship with Infratech.com is on a principal to principal basis and by accepting these Terms of Use you agree that Infratech.com is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Infratech.com's Platform that are paid for by using the Payment Facility. Infratech.com does not guarantee the identity of any User 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 Infratech.com is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Infratech.com Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Infratech.com is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

ADVERTISERS ON INFRATECH, AND LINKED WEBSITES:

• The Website may contain links to third party websites. INFRATECH does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and INFRATECH shall assume no liability for the same.
• INFRATECH is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the product manufacturing companies, contractors, specialised agencies, Service Providers or the advertisers.
• INFRATECH does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
• The linked sites are not under the control of INFRATECH and hence INFRATECH is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. INFRATECH is providing these links to the Users only as a convenience.

RIGHT TO REFUSE:

• INFRATECH at its sole discretion reserves the right to not accept any request without assigning any reason thereof.
• In addition to other remedies and recourse available to INFRATECH under this User Agreement or under applicable law, INFRATECH may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
  • The User is in a breach of this User Agreement; or
  INFRATECH is unable to verify or authenticate any information provided by the User; or
  • INFRATECH believes that the User's actions may infringe on any thirdparty rights or breach any applicable law or otherwise result in any liability for the User, other users of INFRATECH, or INFRATECH itself.
• Once a User has been suspended or terminated, such User shall not register or attempt to register with INFRATECH with different credentials, or use the Website in any manner whatsoever until such User is reinstated by INFRATECH. INFRATECH may at any time in its sole discretion reinstate suspended users.
• If a User breaches this User Agreement, INFRATECH reserves the right to recover any amounts due to be paid by the User to INFRATECH, and to take appropriate legal action as it deems necessary.
• The User shall not write or send any content to INFRATECH which is, or communicate with INFRATECH using language or content which is:
  • Abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
  • Contrary to any applicable law;
  • Violates third parties' intellectual property rights;
  • A spam; or
  • In breach of any other part of these terms and conditions of use.
• If the User violates any of the aforesaid terms, INFRATECH shall be at liberty to take appropriate legal action against the User.

RIGHT TO CANCEL:

• The User expressly undertakes to provide INFRATECH with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from INFRATECH.
• In case INFRATECH discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travellers is not correct or that any fact has been misrepresented by that User, INFRATECH shall be entitled to appropriate legal remedies against the User, including cancellation of the products and services, without any prior intimation to the User. In such an event, INFRATECH shall not be responsible or liable for any loss or damage that may be caused to the User or any other person, as a consequence of such cancellation of products and services.
• The User shall not hold INFRATECH responsible for any loss or damage arising out of measures taken by INFRATECH for safeguarding its own interest and that of its genuine clients, manufacturing partners, specialised agencies, contractors & other stakeholders. This would also include INFRATECH denying or cancelling any products and services on account of suspected fraud transactions.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES:

• INFRATECH’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account, any other account other than the company accounts. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.
• Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
• If you are ever asked for any of the aforesaid information, please report it immediately on ceo@Sarveshainfra.com.

REGISTERED USER(S):

To become a registered User(s) of the Website/ Marketplace a proper procedure has been made available on the Website/ Marketplace which is for the convenience of User(s) so that they can easily use the website.

User(s) can become registered User(s) by filling an on-line registration form on the Website/ Marketplace by providing the required information (including name, contact information, details of User(s) business, etc.). INFRATECH will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID") and password ("Password") for log-in access to the User(s)’s Account.

User(s) registering on the Website/ Marketplace on behalf of business entities represent and warrant that:

• They have the requisite authority to bind such business entity this Agreement;
• The address provided by such User(s) at the time of registration is the principal place of business of such business entity; and
• All other information provided to INFRATECH during the registration process is true, accurate, current and complete.
• User (s) shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.

User(s) agree that by registering on the Website/ Marketplace, they consent to the inclusion of their personal data in INFRATECH’s on-line database and authorize INFRATECH to share such information with other User(s).

INFRATECH may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. INFRATECH may suspend or terminate a registered membership at any time without any prior notification in interest of INFRATECH or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on INFRATECH of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Website/ Marketplace is in no manner a part of or affiliated to INFRATECH.

User(s) further agree and consent to be contacted by INFRATECH through phone calls, SMS notifications or any other means of communication, in respect to the services provided by INFRATECH even if contact number(s) provided to INFRATECH upon registration are on Do Not Call Registry.

DATA PROTECTION:

Personal information supplied by User(s) during the use of the Website/ Marketplace is governed by INFRATECH’s privacy policy ("Privacy Policy"). Please read about our Privacy Policy.

POSTING YOUR CONTENT ON WEBSITE:

Some content displayed on the Website/ Marketplace is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Website/ Marketplace using the self-help submit and edit tools made at the respective sections of the Website/ Marketplace. User(s) may need to register and/or pay for using or availing some of these services.

INFRATECH shall not be liable for User(s) activities on the Website/ Marketplace, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.

User(s) solely represent, warrant and agree to:

• Provide INFRATECH with true, accurate, current and complete information to be displayed on the Website/ Marketplace;
• Maintain and promptly amend all information provided on the Website/ Marketplace to keep it true, accurate, current and complete.

User(s) hereby grant INFRATECH an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights. User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website/ Marketplace, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Website/ Marketplace (hereafter referred to as "Third Party Rights").

User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any Project detail, data, drawings, Items, BOS’s, description, material or information posted by User(s) on the Website/ Marketplace or provided to the Website/ Marketplace or authorized by the User(s) for display on the Website/ Marketplace, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights.

User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products and services offered and displayed on the Website/ Marketplace, and that such manufactured products, offer, sale, importation, distribution and services violates no Third Party Rights.

User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii) submit to INFRATECH for display on the Website/ Marketplace or transmit or sought to be transmitted through INFRATECH’s products and Services any content, material or information that does not and shall at no point:

• Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
• Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for INFRATECH or its affiliates.
• Threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
• Solicit business from any User(s) in connection with a commercial activity that competes with INFRATECH;
• Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
• Contain fraudulent information or wholesale and/or market a productor a service that is prohibited by applicable law, or otherwise promote other illegal activities;
• Belong to another person and to which User(s) do not have any right to;
• Be part of a scheme to defraud other User(s) of the Website/ Marketplace or for any other unlawful purpose;
• Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
• Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
• Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
• Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment;
• Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
• Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  
  

  INFRATECH reserves the right in its sole discretion to remove any material/ content/ photos/ offers displayed on the Website/ Marketplace which in INFRATECH’s reasonable belief is unlawful or could subject INFRATECH to liability or in violation of the Agreement or is otherwise found inappropriate in INFRATECH's opinion. INFRATECH 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.

  In connection with any of the foregoing, INFRATECH reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by INFRATECH at its sole discretion. User(s) agree that INFRATECH shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event INFRATECH takes any of the actions mentioned in this provision.

  User(s) understand and agree that the Website/ Marketplace acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website/ Marketplace. INFRATECH does not have any role in developing the content displayed on the Website/ Marketplace. INFRATECH has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.

DIGITAL CONTENT:

DIGITAL CONTENT: Infratech.com Ideas:

These Terms of Service (“Terms”) govern your access to and use of Infratech.com Ideas (hereinafter referred to as “Content”). By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.

Infratech.com is hosting the Content generated by third party users (“Content Owner”), within our Platform for convenience of Platform Users, and as such, Infratech.com has no ownership or control whatsoever in the Contents displayed. The Contents posted by the Content Owners are of personal views wherein Infratech.com plays no role in creating/developing the Content. You are responsible for your use of the Platform for viewing the Content.

By hosting the Content on the Platform, Infratech.com is neither guaranteeing nor giving any warranty nor making any representation with respect to the Contents. Infratech.com is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.

Any information on the Platform, whether the content or any other information, have not been verified by Infratech.com, therefore, Infratech.com shall not be responsible for any such content or information. Infratech.com will not bear any obligation or liability if you rely on the Contents.

If you choose to view or rely, Infratech.com will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.

You hereby acknowledge that the Contents are created and owned by Content Owners who own all the rights including the copyrights in the contents. The Contents are available on the Platform for personal use only and you shall not use it for any commercial, promotional, resale or further distribution purposes.

Any use or reliance on any Content or materials obtained by you through the Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the contents. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. Infratech.com may not monitor or control the Content posted on the Platform and, we do not take responsibility for such Content.

We reserve the right to remove Content that violates the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to ceo@sarveshainfra.com

You may find content that offends you or that you simply don’t like, but that doesn’t violate the content guidelines. If that happens, you can unfollow the user who posted it or hide the post.

Your access to and use of the Products and services or any Content are at your own risk. You understand and agree that the Products and services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Infratech.com makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Products and services; and (iv) whether the Products and services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein.

By using the Products and services you agree that Infratech.com, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible by Law.

We may revise these Terms from time to time

INTERACTION BETWEEN USERS:

INFRATECH provides an on-line platform to facilitate interaction between buyers and suppliers of construction works products and services.

User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Website/ Marketplace and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.

Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website/ Marketplace may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.

Such risks further include the risks that the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Website/ Marketplace as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Website/ Marketplace may suffer harms and/or assert claims arising from their use of such products.

User(s) agree that INFRATECH shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/ arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website/ Marketplace , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify INFRATECH (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

Infratech reserves the right to add/modify/discontinue any of the features offered on INFRATECH’s Services.

PRODUCT DESCRIPTION:

At Infratech.com, we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

DISPUTE RESOLUTION POLICY:

Overview:

Generally, transactions are conducted smoothly on Infratech.com. However there may be some cases where both the Buyers and Sellers may face issues. At Infratech.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.

How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/ issue. It is important that before a Buyer/ Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to ceo@sarveshainfra.com, while the Seller can also write to ceo@sarveshainfra.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:

• Wrong item received
• Item(s) Not as described
• Damaged or Seal broken on Product
• Part/ Accessory missing
• Item not Compatible
• Seller Description/ Specification Wrong
• Defective (Functional issues)
• Product not working and Manufacturer claims invalid Invoice

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Infratech.com will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

EMAIL ABUSE AND THREAT POLICY

Private communication, including email correspondence, is not regulated by Infratech.com. Infratech.com encourages its Users to be professional, courteous and respectful when communicating by email.

However, Infratech.com will investigate and can take action on certain types of unwanted emails that violate Infratech.com policies.

Such instances: Threats of Bodily Harm - Infratech.com does not permit Users to send explicit threats of bodily harm.

Misuse of Infratech.com System - Infratech.com allows Users to facilitate transactions through the Infratech.com system, but will investigate any misuse of this service. Spoof (Fake) email - Infratech.com will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - Infratech.com's spam policy applies only to unsolicited commercial messages sent by Infratech.com Users. Infratech.com Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Infratech.com - Infratech.com prohibits email offers to buy or sell listed products outside of the Infratech.com Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Infratech.com policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.

Violations of this policy may result in a range of actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status
• Other Businesses

Infratech.com does not take responsibility or liability for the actions, products, content and products and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Infratech.com assumes no responsibility for examining or evaluating the products and services offered by them. Infratech.com do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Infratech.com does not endorse, in any way, any third party Platform(s) or content thereof. Infratech.com Infringement Verification (IIV) - Reporting Listing Violations Infratech.com has put in place Infratech.com Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Infratech.com's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

If your listing was removed through IIV, and you believe that your listing was removed in error, please [contact us].

Infratech.com does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Infratech.com is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Infratech.com.

IIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. IIV participants have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Infratech.com is encouraged to become a IIV member.

Program membership entitles you (Verified Rights Owner) to the following benefits:

• Rapid response by Infratech.com in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
• Dedicated priority email queues for reporting alleged infringements
• The ability to obtain identifying information about Infratech.com's users'

How to Become a IIV Member: To join the IIV, we require only that you fully complete and email us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Infratech.com to easily identify the material or listing to be ended. In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to us by email at ceo@sarveshainfra.com.

Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted. We are happy to receive such information, but must advise that we may be limited in our ability to respond to your request absent formal notice from an authorized rights owner.

NOTICE OF INFRINGEMENT, AND ITS ADDENDUM:

List of Allegedly Infringing Listings, Products, or Materials an services

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Infratech.com will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

Trademark owner doesn't make this type of product or has discontinued the production of the product

Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

Listing(s) has unlawful comparison to trademark owner's brand or product

Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

Software is being offered without any license or in violation of a license

Item(s) is a bootleg recording;

Item(s) is an unlawful copy (software, games, movies, etc.)

Item(s) is unlawful duplication of printed material

Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

Listing(s) comprises unauthorized copy of copyrighted text

Listing(s) comprises unauthorized copy of copyrighted image

Listing(s) comprises unauthorized copy of copyrighted image and text

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 physical or digital signatures.

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 domain name [Infratech.com][Infratech.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Sarvesha Infrastructure Constructions private limited a company incorporated under the Companies Act, 1956 (hereinafter referred to as "Infratech.com"). Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Sarvesha Infrastructure Constructions private limited . and these terms and conditions including the policies constitute Your binding obligations, with Infratech.com.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Infratech.com allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Sarvesha Infrastructure Constructions private limited .

When You use any of the products and services provided by Us through the Platform, including but not limited to sales of products, sales of services, Product Reviews, Seller Reviews, ratings, payments, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, nontransferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Infratech.com Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Addendum to Notice of Infringement
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 physical or digital signatures.

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 domain name [Infratech.com][Infratech.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Sarvesha Infrastructure Constructions private limited a company incorporated under the Companies Act, 1956 (hereinafter referred to as "Infratech.com"). Your use of the Platform and products and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Sarvesha Infrastructure Constructions private limited and these terms and conditions including the policies constitute Your binding obligations, with Infratech.com.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Infratech.com allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Sarvesha Infrastructure Constructions private limited .

When You use any of the products and services provided by Us through the Platform, including but not limited to sales of products, sales of services, Product Reviews, Seller Reviews, ratings, payments; You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non- transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Infratech.com Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

INTELLECTUAL PROPERTY RIGHTS:

INFRATECH is the sole owner and the lawful licensee of all the rights to the Website/ Marketplace and its content ("Website/ Marketplace Content"). Website/ Marketplace Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website/ Marketplace. The Website/ Marketplace Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Website/ Marketplace and the Website/ Marketplace Content shall remain in INFRATECH, its affiliates or licensor’s of the Website/ Marketplace content, as the case may be.

All rights, not otherwise claimed under this Agreement by INFRATECH, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website/ Marketplace or any offer displayed on or in connection with any service offered on the Website/ Marketplace ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information.

For any content and or link uploaded to the Website by the User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall INFRATECH be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to INFRATECH’s Services.

INFRATECH respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. INFRATECH reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information

• Trademark
  "Infratech" and related icons and logos are registered trademarks or trademarks or service marks of INFRATECH in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
• Copyright
  

  All Website/ Marketplace Content including Website Information is copyrighted to INFRATECH excluding any third-party content and any links to any third-party websites being made available or contained on the Website/ Marketplace. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

  User(s) acknowledge and agree that INFRATECH is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying products or providing services on the Website/ Marketplace have the right to sell the products or provide the services offered by such User(s). INFRATECH encourages User(s) to assist INFRATECH in identifying listings on the Website/ Marketplace which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, INFRATECH does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which INFRATECH declines to take down a listing, INFRATECH does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

  INFRATECH respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Website/ Marketplace Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website/ Marketplace ("INFRATECH Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with INFRATECH, or otherwise commercially exploiting the INFRATECH Content unless otherwise agreed between the parties. Systematic retrieval of INFRATECH Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from INFRATECH is prohibited.

  In addition, use of the INFRATECH Content for any purpose not expressly permitted in this Agreement is prohibited and entitles INFRATECH to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of INFRATECH's Services, they will not use INFRATECH’s Services to infringe the intellectual property rights of any third parties in any way. INFRATECH reserves the right to terminate the right of any User(s) to access or use INFRATECH’s Services for any infringement of the rights of third parties in conjunction with use of the INFRATECH’s Service, or in the event INFRATECH is of the believes that User(s) conduct is prejudicial to the interests of INFRATECH, its affiliates, or other User(s), or for any other reason, at INFRATECH’s sole discretion, with or without cause.

• URL's/SUB-DOMAINS:

  URL’s/ Sub-domain names assigned by INFRATECH to User(s) (including both paid and free User(s)) are the exclusive property of INFRATECH and it cannot be assumed to be permanent in any case. INFRATECH reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any URL's/Sub-domain names. IN ALL SUCH CASES, INFRATECH WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

  INFRATECH may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). INFRATECH advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that INFRATECH has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof

LIMITATION OF LIABILITY/DISCLAIMER:

The features and services on the Website/ Marketplace are provided on an " as is " and " as available " basis, and INFRATECH hereby expressly disclaims any and all warranties, express or implied, including all but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. INFRATECH makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website/ Marketplace including display or listing of tenders on the Website/ Marketplace which in no manner is endorsed by INFRATECH. INFRATECH has no association of whatsoever nature with the publisher and/or the published contents. Moreover, INFRATECH does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including all but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defence equipment. INFRATECH does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website/ Marketplace does not violate any Third Party Rights; and INFRATECH makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website/ Marketplace. Any material downloaded or otherwise obtained through the Website/ Marketplace is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Website/ Marketplace or through or from the Website/ Marketplace shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall INFRATECH be held liable for any delay or failure or disruption of the content or services delivered through the Website/ Marketplace resulting directly or indirectly from acts of nature, forces or causes beyond its 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, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save INFRATECH, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website/ Marketplace (including but not limited to the display of User(s) information on the Website/ Marketplace) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save INFRATECH, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to INFRATECH.

User(s) hereby further agree to indemnify and save INFRATECH, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website/ Marketplace. User(s) hereby further agree that INFRATECH is not responsible and shall have no liability for any material posted by other User(s) or any other person; including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). INFRATECH reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with INFRATECH in asserting any available defences

INFRATECH shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including all but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

• The use or the inability to use the Website/ Marketplace;
• Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Website/ Marketplace that is beyond our control and quality;
• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website/ Marketplace may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
• Unauthorized access by third parties to data or private information of any User(s);
• Statements or conduct of any User(s) of the Website/ Marketplace; or
• Any matters relating to Premium Services however arising, including negligence.

MODIFICATIONS TO THE PRODUCTS, SERVICE AND PRICES:

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the products and Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products and Service.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send including all but not limited to creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS:

Occasionally there may be information on our website/ marketplace or in the Service that contains typographical errors, inaccuracies or omissions that may relate to including all but not limited to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information’s or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website/ marketplace should be taken to indicate that all information in the Service or on any related website has been modified or updated.

TRADEMARKS, COPYRIGHT & RESTRICTIONS:

This site is controlled and operated by Infratech.com and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, commercial, non-commercial, business purpose use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Infratech.com respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Infratech.com at ceo@sarveshainfra.com

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the products and service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Infratech, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including all, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

FORCE MAJEURE:

• There can be exceptional circumstances where INFRATECH may be unable to honour the confirmed products and services due to various reasons like act of God, labour unrest, insolvency, business exigencies, government decisions, terrorist activity, Lockdowns, COVID or any other disease emergencies, any operational and technical issues, etc. or any other reason beyond the control of INFRATECH. If INFRATECH has advance knowledge of any such situations where dishonour of transaction may happen, it will make its best efforts to provide similar alternative to the User or refund the amount after deducting applicable service charges, if supported and refunded by that respective service provider. The User agrees that INFRATECH being merely a facilitator/ aggregating platform/ marketplace of the products and services cannot be held responsible for any such Force Majeure circumstance.
• The User agrees that in the event of non-confirmation of products and services due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, INFRATECH’s obligation shall be limited refunding the paid amount, if any, received from the client. Such refund shall completely discharge INFRATECH from all liabilities with respect to transactions of that work order and/ or purchase order. Additional liabilities, if any, shall be borne by the User.
• In no event shall INFRATECH and or its website/ marketplace be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, brand Image loss, loss of opportunity, Interest loss, etc. arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

INDEMNIFICATION:

• The User agrees to indemnify, defend and hold harmless INFRATECH, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
• The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and INFRATECH cannot be held responsible for the same.
• Each User agrees to defend, indemnify and hold harmless Infratech, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, Sellers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including all but not limited to attorneys' fees) arising from:
  • Your use of and access to the Platform and/or the Service;
  • Your violation of any term of these Terms;
  • Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
  • Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.
• Each User hereby agrees to indemnify and save Infratech, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including all but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms of this agreement and work orders and/ or purchase orders. Each User hereby further agrees to indemnify and save Infratech, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Infratech as per the Terms/User agreement herein.
• Each User hereby further agrees to indemnify and save Infratech, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Infratech is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Infratech reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Infratech in asserting any available defences.
• The BUYER shall keep Infratech indemnified against freight, and other charges including duties, taxes, octroi, cess, clearance charges and any other charge/ levy by whatsoever name called, levied on shipments plus disputes and actions with their Consignees if any related to quality, quantity, and condition. The BUYER shall keep Infratech indemnified from any sequential liability due to the product-related issue or due to the delay in delivery of the product and services.
• The BUYER shall keep Infratech indemnified against all duties, taxes, octroi, cess, clearance charges, and any other charge/levy by whatsoever name called, levied on shipments and shall keep Infratech indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part.
• The BUYER will be solely responsible to comply with all statutory requirements (State, Central Laws/Statutes, Tax Laws, and Local Laws) applicable in relation to booking, sale, and transportation of the shipments carried and delivered by Infratech in pursuance of this agreement.

TERMINATION AND SURVIVAL:

These Terms will apply to you so long as you use the Platform

• These Terms shall continue, unless terminated by you via written notice or email. You will inform us in writing if you wish to terminate these Terms.
• Following the termination of these Terms you will pay us any outstanding amount or fee owed by you.
• We may terminate this Agreement by giving 15 (fifteen) day’s prior written notice or earlier if the termination is due to breach of any Terms or applicable law; or required by law to do so
• The termination of these Terms shall not relieve you of any liability that you may have incurred or may incur in relation to use of the Platform provided prior to such termination.
• On termination of these Terms, We may delete any content or other materials relating to your use of the Platform and We will have no liability to you or any third party for doing so.
• All provisions of these Terms including all but not limited to (Your responsibilities), (Platform ‘As Is’), (Our proprietary rights), (Payment Terms) and (Miscellaneous clauses) that, either expressly or impliedly, contain obligations that extend beyond termination of these Terms shall survive the termination of these Terms

Most content and some of the features on the Website/ Marketplace are made available to User(s) free of charge. However, INFRATECH reserves the right to terminate access to certain areas or features of the Website/ Marketplace (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). INFRATECH also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of INFRATECH and/ or other User(s) of the Website/ Marketplace. INFRATECH further reserves the right to limit, deny or create different access to the Website/ Marketplace and its features with respect to different User(s), or to change any or all of the features of the Website/ Marketplace or introduce new features without any prior notice to User(s).

INFRATECH reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:

• If any false information in connection with their account registered with INFRATECH is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
• If such User(s) breaches any provisions of the Agreement.
• If such User(s) utilizes the Website/ Marketplace to send spam messages or repeatedly publish the same product information.
• If such User(s) posts any material that is not related to trade or business cooperation.
• If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
• If such User(s) is involved in unauthorized access, use, modification, or control of the Website/ Marketplace database, network or related services.
• If such User(s) obtains by any means another registered User(s) Username and/or Password.
• Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.

If INFRATECH terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of INFRATECH, such person will not have the right to re-enrol or join the Website/ Marketplace under a new account or name unless invited to do so in writing by INFRATECH. In any case of termination, no subscription/ membership fee/ charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Website/ Marketplace wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall INFRATECH be liable to any User(s) or any third parties for any inability to use the Website/ Marketplace (whether due to disruption, limited access, changes to or termination of any features on the Website/ Marketplace or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website/ Marketplace or any of its features.

NOTICES:

All notices or demands to or upon INFRATECH shall be effective if in writing and shall be deemed to be duly made when sent to INFRATECH to Sarvesha Infrastructure constructions private limited, C-56/41, Sector-62, 4th floor, Noida-201301, Uttar Pradesh, India.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Website/ Marketplace, or by posting such notice or demand on an area of the Website/ Marketplace that is publicly accessible without a charge.

Notice to a User(s) shall be deemed to be received by such User(s) if and when Website/ Marketplace is able to demonstrate that communication, whether in physical or in electronic form, has been sent to such User(s), or immediately upon Website/ Marketplace’s posting such notice on an area of the Website/ Marketplace that is publicly accessible without charge.

GOVERNING LAW AND DISPUTE RESOLUTIONS:

This Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. INFRATECH considers itself and intends itself to be subject to the jurisdiction of the Courts of Delhi, India only. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Delhi, India.

MISCELLANEOUS

• Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• INFRATECH’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be INFRATECH’s waiver of that right or INFRATECH's waiver of the right to act with respect with subsequent or similar breaches.
• INFRATECH shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating INFRATECH’s products and Services to any person or entity
• If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.
• Mr. Nitin Sharma is the designated Grievance Officer in respect of INFRATECH’s Services. Any complaints or concerns with regards to any content on INFRATECH’s Services or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing to Infratech at Sarvesha Infrastructure constructions private limited, C-56/41, Sector-62, 4th floor, Noida-201301, Uttar Pradesh, India or through an email signed with the electronic signature sent to ceo@sarveshainfra.com
• The Agreement and the Privacy Policy constitute the entire agreement between the User(s) and INFRATECH with respect to access to and use of the Website/ Marketplace, superseding any prior written or oral agreements in relation to the same subject matter herein
• AMENDMENT TO THE USER AGREEMENT: INFRATECH reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
• CONFIDENTIALITY: Any information which is specifically mentioned by INFRATECH as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
• FEEDBACK FROM CUSTOMER: INFRATECH would like to know the feedback of the Users for improving its products and services. The User hereby authorizes INFRATECH to contact the User for their feedback on various products and services offered by INFRATECH. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to INFRATECH for specific exclusion at ceo@sarveshainfra.com.
• PRIVACY POLICY: User shall also refer to INFRATECH’s Privacy Policy available on INFRATECH’s website which governs use of the Websites/ aggregating platform/ marketplace. By using the Website/ marketplace, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by INFRATECH and its affiliates in accordance with the terms of the Privacy Policy.

CONTACT US:

Please Contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform on Sarvesha Infrastructure Constructions private limited , C-56/41, Sector-62, 4th floor, Noida-201301, Uttar Pradesh, India. We can also be contacted through our email id at ceo@sarveshainfra.com