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This document is an electronic record under the Information Technology Act, 2000, and the rules thereunder, as amended from time to time. It is generated by a computer system, and hence, does not require any physical, electronic or digital signatures.
These terms of use ("Terms of Use" / "Terms") apply to and govern your access to and use of the Nirmit Bharat Buyer Application, namely DigiHaat("Platform") operated by Nirmit Bharat having its registered office at 3rd Floor, 7/6, August Kranti Marg, Siri Fort Institutional Area, Near Siri Fort Auditorium, New Delhi - 110049 ("Nirmit Bharat", "Company", "we", "us", "our"), including the information technology services provided by Nirmit Bharat through it, and such other services that Nirmit Bharat may provide through the Platform (collectively, "Services"). We intend to provide you ("you", "your" or "user") with the best quality Services on our Platform.
You unequivocally agree that these Terms as well as the Privacy Policy available at https://digihaat.in/privacy-policy ("Privacy Policy" / "Policy") constitute a legally binding agreement between you and Nirmit Bharat. Additionally, you may be subject to other rules, guidelines, policies, terms, and conditions applicable to any particular Service that is availed by you on the Platform, as may be communicated to you, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same.
By visiting the Platform or setting up/creating an Account (defined below) on the Platform, you accept and agree to be bound by the Terms. If you do not agree to these Terms, please refrain from using the Platform.
Use of the Platform is only intended by, and you may use the Platform only if you are, a person eligible to enter into legally binding contracts under the Indian Contract Act, 1872. If you are a minor (under 18 years of age), you may use the Platform only under the supervision of a parent or legal guardian.
To access certain features of the Platform and avail all the Services, you must create an account by providing details as may be required by Nirmit Bharat ("Account"). You are responsible for ensuring that the details provided to Nirmit Bharat are accurate, correct, complete, and updated as necessary. Any change in the information provided by you while registering and creating an Account must be informed to us immediately, by support@nirmitbharat.org. Nirmit Bharat will not be liable for any inaccuracies, incompleteness, or outdated information you provide. Your mobile number and/or email address will serve as your primary identifiers. It is your responsibility to keep this information updated as well on the Platform. Nirmit Bharat is not liable for any activities that occur under your Account for any reason, including due to third parties accessing your Account or failure to update your information. You are responsible for maintaining the confidentiality of your Account login details and password and will be liable for any actions taken under your Account. You will also be responsible for restricting access to your systems to prevent any unauthorised access to Account. Please log out of your Account after each session and notify us immediately of any unauthorized use of your Account. If there are security risks, we may request or suggest you to change your password or may even suspend your Account in the interest of security. Nirmit Bharat will not be liable for any loss resulting from your failure to comply with these security measures.
By using the Platform, you hereby acknowledge and agree that:
Further, you expressly understand and agree that, to the maximum extent permitted by applicable law:
Accessibility: You may access the Platform only in geographic locations within India or in such geographies where Nirmit Bharat permits. We may limit the availability of the Platform to any person or geographic area at any time, without any prior notice or consent. If you choose to access the Platform from outside the geographic areas where Nirmit Bharat makes them available, you do so at your own risk and you may be in breach of these Terms, or applicable law. Further, you may not have access to the Platform outside the geographic location where this Platform is made available and, in such cases, you may not have access to, or be able to avail, all features of the Platform, and Nirmit Bharat shall not be responsible or liable for that.
Use: You agree to use the Platform for lawful purposes only. Unauthorized activities include, but are not limited to:
You may:
You may not:
By uploading or sharing any content (in any form), you grant us a non-exclusive, royalty-free, irrevocable, perpetual right to use, modify, publish, create derivative works, display and/or distribute it globally. We reserve the right to monitor and remove any content posted by you, but are not obligated to do so.
Subject to compliance with the Terms, Nirmit Bharat hereby grants you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited right to access and use the Platform, limited privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation, Terms or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Nirmit Bharat or other users.
Restrictions on Use: You undertake, represent and warrant not to upload, transmit, store, or update any information or content on the Platform that:
In relation to Platform and/or Services, you undertake, represent and warrant that you shall not:
You agree to indemnify Nirmit Bharat and/or its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these Terms and/or Policy.
Information relating to the accepted payment methods on the Platform will be displayed during the purchasing process.
Subject to applicable law and the Privacy Policy, Nirmit Bharat may engage third-party vendors and service providers, including payment gateways and aggregators, to process payments and manage payment card information. Nirmit Bharat shall endeavour to ensure that these vendors possess the necessary licenses from the relevant authorities.
To avail the payment processing service made available on the Platform by authorised third-parties to you, you agree to use and provide valid bank or payment details ("Payment Details"). By doing so, you represent and warrant that:
(a) You are legally authorized to provide such details.
(b) You are authorized to make payments using such details.
(c) Your use of these details complies with applicable law and does not violate any Terms. You may modify these Payment Details as required through the Platform.
Nirmit Bharat is not liable for any payments authorized using your Payment Details. In particular, it is not responsible for payment failures due to:
(a) Insufficient funds in your bank account or payment method.
(b) Incorrect Payment Details provided by you.
(c) Expired payment cards.
(d) Circumstances beyond Nirmit Bharat's control (e.g., power outages, cellular service interruptions).
Nirmit Bharat will not be responsible for unauthorized transactions conducted using your Payment Details. No refunds will be provided for unauthorized transactions by Nirmit Bharat and for any such grievance, concern or request, please contact your relevant payment service provider.
The payment facility provided by Nirmit Bharat is not a banking or financial service but a facilitator of electronic payments. Issuers may charge transaction or processing fees, for which Nirmit Bharat will not be liable or responsible.
Payments must be made in Indian Rupees. Payment methods may include credit cards, debit cards, UPI, net banking, or cash on delivery, subject to availability and compliance with applicable laws. Cash on delivery may not be available for all transactions.
In addition to these Terms, you shall be bound by the relevant sale terms (as prescribed by the Seller) which will govern the sale transaction between you and the Seller. The terms prescribed by the Seller will be available / accessible to you in the product description itself. While these Terms govern your use of the Platform and Services, the terms made available and applicable by the Seller will govern your purchase of product and/or service from such Seller. All grievances and disputes arising in relation to or in connection with the products and/or services, will be governed by such terms. Please ensure you read all the Seller specific terms and conditions prior to placing an order since your purchase from the Seller will be subject to such terms.
Cancellations, returns and refunds are also subject to the policies of the individual Sellers which will be made available by the Sellers, in the absence of which, you can reach out to the Seller to provide you the necessary terms, policies and details. Nirmit Bharat is not liable for any issues arising from sale, cancellations, non-fulfilment, or disputes between you and the Seller.
The Seller alone shall be responsible for delivery of products and provision of services. Nirmit Bharat does not provide any assistance in this regard to the Sellers and/or the users. The delivery terms, including timelines for delivery of products and services shall be as per the terms prescribed by the Seller, subject to compliance with applicable laws.
While these Terms and the Seller terms are intended to be read harmoniously, in case of any conflict between these Terms and the terms prescribed by the Seller, these Terms shall prevail to the extent of the conflict.
Nirmit Bharat reserves the right to charge a convenience fee for transactions made on the Platform, subject to applicable laws. You will be informed of the applicable convenience fee at the time of purchase. Additionally, you are responsible for all fees, costs, and charges associated with the purchase of products, including any applicable taxes such as GST, VAT, service tax, duties, and cesses. All payments, including the convenience fee, must be made in accordance with applicable laws.
You agree and acknowledge that all intellectual property on the Platform, including text, logos, and trademarks, processes, know-hows, data, documents, and intellectual property in the Services (including underlying software and any software, which includes any modifications or derivative works associated thereto) (collectively "Nirmit Bharat IP"), belongs to Nirmit Bharat or its licensors. You shall not copy, distribute, reproduce, access, reverse engineer, modify, decompile, disassemble, adapt, distribute, publish, translate, alter, display, upload, broadcast, transmit or hyperlink Nirmit Bharat IP in any manner and in any form without written permission from Nirmit Bharat. Additionally, any misuse or unauthorized use of Sellers' data, including copying or misusing their listings, content, or other proprietary information, is strictly prohibited and can be a cause of action under your terms with the Seller as well. This ensures that intellectual property, whether owned by Nirmit Bharat, its licensors or third-party Sellers, is protected under applicable laws.
You shall not challenge the validity or ownership of or right to the Nirmit Bharat IP. Except for the limited rights granted to you under these Terms, you shall have no other rights, title, or interest in or to Nirmit Bharat IP.
We make no warranties or representations whatsoever in relation to the Nirmit Bharat IP. We are not liable for any damages, loss, expenses, or costs in the event that the Nirmit Bharat IP or any part of it infringes or is alleged to infringe the rights of any third party. We will have control of all proceedings in any court of law or tribunal in respect of any infringement of Nirmit Bharat IP.
If Nirmit Bharat IP is held by a court of competent jurisdiction to constitute an infringement of a third-party's intellectual property rights, we reserve the right, at our sole discretion to:
i. procure the right to continue use of the Services by you;
ii. provide a modification to the Platform and/or the Services to ensure its use becomes non-infringing;
iii. replace the Services with software that is similar in functionality and performance; or
iv. terminate our agreement with you.
The foregoing is your sole remedy and Nirmit Bharat's sole obligation with respect to intellectual property infringement claims.
To the fullest extent permitted by applicable law, Nirmit Bharat and its affiliates, officers, directors, employees, and agents shall not be liable for:
i. any indirect, incidental, special, consequential, punitive, or exemplary damages;
ii. errors or inaccuracies on the Platform;
iii. personal injury or property damage resulting from your use of the Platform;
iv. unauthorized access to personal information; or
v. Service interruptions or technical failures beyond Nirmit Bharat's control.
In no event shall Nirmit Bharat's liability exceed the total amount paid by you for the relevant order to a Seller. Any claims must be brought within such limitation period as prescribed under applicable law.
Nirmit Bharat will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
i. use of, or inability to use, the Platform and/or Services, or any part thereof; or
ii. use of or reliance on any content displayed on the Platform.
The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
When you use the Platform or send us communications electronically, you consent to receive electronic communications from us. We may communicate with you via email or other electronic means as necessary.
You agree to indemnify, defend, and hold harmless Nirmit Bharat, its affiliates, officers, directors, employees, agents, and third-party service providers from and against any claims, damages, liabilities, losses, demands, costs and expenses (including legal fees) arising out of or related to:
(i) Your use of the Platform.
(ii) Any breach of these Terms, the Policies, or applicable laws.
(iii) Any misrepresentation of data / information provided by you.
(iv) Any violation of rights of third parties, including intellectual property rights.
(v) Any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Policy.
Nirmit Bharat reserves the right to assume control of any defense, at your expense, in matters where you are required to indemnify us. You agree not to settle any such matter without our prior written consent. This clause shall survive the termination of these Terms.
By deleting your order from the Platform, the following terms shall apply:
A. Deletion of Order Details:
Once deleted, your order details will be removed from your Account and will no longer be visible in the 'Order History' section. This action is irreversible, and no support (including complaints, retrieval, cancellation, or return requests) will be provided for such deleted orders. However, the order details will remain in Nirmit Bharat's records in accordance with the Privacy Policy and legal retention obligations.
B. Exceptions for Deletion Traceability:
(i) Residual Information: The order details may still be available through other communication modes, such as email, SMS, or any other mediums where the order information was initially shared.
(ii) Third-Party Communications: Third parties, including delivery partners or vendors, may still contact you using the information shared at the time of order placement.
(iii) Service Interruptions: In case of any interruptions, service or technology failures, or other external factors beyond Nirmit Bharat's control, the deleted order may still be traceable.
(iv) Payment Records: Payment information related to the deleted order may still appear in your bank
Please review our Privacy Policy to understand our data practices. The personal information you provide during the use of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you do not consent to your information being transferred or used in this manner, please refrain from using the Platform and Services.
These Terms of Use are effective unless and until terminated by either you or Nirmit Bharat. You may terminate the Terms at any time by ceasing to use the Platform. Nirmit Bharat may, at its sole discretion and without prior notice, terminate or restrict your access to the Platform for any reason, including a violation of these Terms or Policy. Upon termination, your personal data will be processed in accordance with Nirmit Bharat's Privacy Policy and applicable laws.
We shall not be liable to you or any third party for the discontinuation or termination of your access to the Services. Termination does not affect your obligation to pay for products or services ordered prior to termination or any liability arising from events before termination. You shall also be liable to pay any fees or charges as may be applicable (if any) in respect of the Services until the date of termination by either party whatsoever.
We may delist you and/or block your Account and/or future access to the Platform and/or suspend and/or terminate your Account if we believe, in our sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Policy or anyway otherwise acted unethically.
If you or Nirmit Bharat terminate Your use of the Platform, we may delete any materials relating to you and we shall have no liability to you or any third party for doing so.
These Terms are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of the courts in New Delhi, India.
a. Customer Care Channels: For any order-related issues, you may first reach out to us via chat support on the Platform for real-time resolution. You may also email us at support@nirmitbharat.org and we will strive to resolve your grievance within the timelines prescribed by applicable laws. You will receive a unique ticket number to track the status of your complaint.
b. Escalation: If you are not satisfied with the response from our customer support, you can escalate the matter by referencing your ticket number to the Grievance Officer.
c. Details of the Grievance Officer:
Name of Grievance Officer: Aditi Rastogi
Address: 3rd Floor, 7/6, Siri Fort Institutional Area, August Kranti Marg, New Delhi 110049
Email address: aditi.rastogi@nirmitbharat.org
d. Details of the Nodal Officer:
Name of Nodal Officer: Poornima Sreekumar
Address: 3rd Floor, 7/6, Siri Fort Institutional Area, August Kranti Marg, New Delhi 110049
Email address: poornima.sreekumar@nirmitbharat.org
a. Interpretation: The section and subject headings in these Terms are included for reference only and shall not affect the interpretation of any provisions.
b. Entire Agreement and Waiver: These Terms, together with the Policies and such additional terms as may be applicable to you, constitute the entire agreement between you and Nirmit Bharat concerning the Platform and the Services. No failure or delay by Nirmit Bharat in exercising any right, power, or privilege under the Terms shall operate as a waiver. Nor shall any single or partial exercise preclude any further exercise of that right or any other right. You agree that no term or provision under these Terms will be deemed waived.
c. Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a court, that provision shall be severed, and the remainder of the Terms shall continue in full force and effect. Each and every obligation under these Terms shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision(s) of these Terms are unenforceable due to any applicable law or by any order passed by a court of law, we will endeavour to amend such parts as may be necessary to make such provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective shall be deemed to be deleted from these Terms and any such deletion shall not affect the enforceability of the remainder of these Terms not so deleted.
d. Partnership or Agency: Nothing in these Terms shall be deemed to constitute a partnership or agency between you and Nirmit Bharat. You have no authority to bind Nirmit Bharat in any manner.
e. Amendment: We reserve the right to amend these Terms from time to time to ensure that these Terms are consistent with any developments to the Platform and Services. We will notify you of any changes to these Terms by way of a notification on the Platform and will make available the updated Terms on the Platform. You are encouraged to visit the Platform from time to time to ensure that You are well informed of our latest policies in relation to the applicable risk to Your use of the Platform and Services. All transactions and dealings on the Platform shall be subject to the latest version of these Terms in force at the time. You may determine if any such revision has taken place by referring to the date on which these Terms were last updated.