1. Introduction
The terms and conditions contained hereinafter (“Terms of Use”) shall apply to your (“you”, your” or “User”) use of the mobile phone application and any other linked pages, images, features and content offered from time to time by Berger Paints India Limited, a company incorporated under the provisions of the (Indian) Companies Act, 1913 (“the Company” or “we” or “our” or “us”) (collectively referred to as "eSambandh App").
By accessing the eSambandh App and/or using any of the Services and/ or purchase of the Company Products or the Company Services through the eSambandh App, you acknowledge to have read, understood and you consent to being governed and bound by these Terms of Use and the Privacy Policy (“Privacy Policy”) and this constitutes a binding and enforceable agreement between you and the Company. If you do not understand these Terms of Use or the Privacy Policy, or do not accept or agree to any part of them, then you are requested to not use the eSambandh App.
These Terms of Use are an electronic record in terms of the Information Technology Act 2000, as amended from time to time, and rules framed thereunder (“IT Act"). This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of these Terms of Use, wherever the context so requires, the term “you” or “your” or “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of himself/herself or any other legal entity.
It is further clarified that the Privacy Policy (that is provided separately), forms an integral part of these Terms of Use and should be read in conjunction.
2. Changes to the Terms of Use
The Company reserves the right, at its discretion, to change, modify, amend, add or remove portions of these Terms of Use at any time without any prior notice. We recommend that you review these Terms of Use periodically to ensure that you are aware of the current eSambandh App usage practices of the Company. Any such changes will be effective immediately. By continuing to use this eSambandh App after changes are made, you agree to be bound by the revised/ amended Terms of Use.
3. Privacy and Protection of Data or Information
Your privacy is extremely important to us. Upon acceptance of these Terms of Use you confirm that you have read, understood and unequivocally accepted our Privacy Policy.
4. Definitions
“Account” shall mean a profile created by a User on the eSambandh App;
“Authorised Dealer” shall mean any distributor, dealer or other agent who is authorized by the Company to market, advertise, sell, service, distribute or otherwise offer any Company Product;
“Company Product(s)” shall mean paints, waterproofing, consumables, accessories and ancillaries that are available for preview and purchase on this eSambandh App (with the option of customization available to the User) by the User ;
“Content” shall include, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on the eSambandh App, including in relation to the Company Products and/ or the Company Services;
"Service” shall include any and all usage of the eSambandh App including but not limited to accessing and browsing the eSambandh App and placing an order for the Company Products on the eSambandh App in accordance with the terms and conditions set out under these Terms of Use.
5. Account and Registration Data
A User is required to register on the eSambandh App by providing the registration details (“Registration Data”) and create an Account for order and purchase of the Company Products. You agree that any information including the Registration Data that you provide for creating the Account on the eSambandh App will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with these Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your Account and to refuse to provide you access to the eSambandh App. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.
Any amendment or rectification of your Registration Data in the Account can be done by accessing the “User Account” section on the eSambandh App. You may delete your Account at any time. We may maintain backup of all Registration Data for such time as may be required under applicable laws. You are solely responsible for maintaining the confidentiality of your Account and password and for any activity that occurs in or through your Account. We will not be liable to you or any person for any loss or damage which may arise as a result of any failure by you to protect your password or Account. You should take all necessary steps to ensure that the password for your “User Account” is kept confidential and secure. You will immediately notify the Company of any unauthorised use/ breach of password or the Account at consumerfeedback@bergerindia.com.
6. Representation and warranties
You represent and warrant that you are legally entitled to use this eSambandh App and you agree to these Terms of Use and you are of legal age as per applicable laws in your jurisdiction to enter into an enforceable agreement with us.
You agree to use the Services only for purposes that are permitted by (a) these Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Unless you have been specifically permitted to do so in a separate written agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Company Products and/or the Services for any purpose. If you reproduce, duplicate, copy, sell, trade or resell the Company Products and/or the Services for any purpose, you will solely liable for such act and the Company may take appropriate legal action against you.
7. Company Product Description
All Company Products listed on the eSambandh App are customized as per User requirement. The User has the option of selecting the particular shade of paint required and accordingly the paint is tinted before the Company Product is delivered to the User. To accommodate the tinting, the paint is diluted as per the specified dilution ratio, for which some gap is provided in the concerned paint bucket. The User should not consider this as a delivery of lesser quantity of the Company Product. The quantity shall be measured in litres for paints so ordered by the User. For clarity of the Users, since the paint buckets are customized as per User requirement, the paint buckets are unsealed at the time of delivery, there may be paint marks on the bucket and such buckets may not appear full. However, the same shall not be considered to be a defect in the Company Product so supplied.
We have made every effort to display as accurately as possible the actual characteristics, access and usage conditions of the Company Products and the description of the Company Product including the colour and the price on the eSambandh App. We do not warrant that the Company Product description and other Content on the eSambandh App is accurate or error-free. The actual colour of the Company Product you view on the eSambandh App may vary depending on your screen of the device you are using and we cannot guarantee that it will reflect the colour of the Company Product you receive upon delivery or during the usage of the Company Product. Accordingly, the packaging of the Company Product may also vary from the packaging of the Company Product displayed on the eSambandh App. The Company does not provide any certification, guarantee or warranty in relation to the Company Products, except any standard warranty certificate that may be issued by the Company in relation to certain Company Products. It is clarified that for such specific Company Products in relation to which the Company issues a standard warranty certificate, the extent of the warranty shall be strictly limited to the terms of the standard warranty certificate and no other implied or express warranties are deemed to be conferred by the Company. The Company shall not be liable or responsible to the User for any indirect or consequential loss or damage. By accessing, browsing and using this eSambandh App, you agree and acknowledge that you understand this limited and restricted use, and agree that you will not rely on the information and materials contained in this eSambandh App for any purposes except as is specifically intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.
8. Service Description
The User shall be required to download the eSambandh App from the Google Play Store or the App Store. Then a User is required to register on the eSambandh App by providing the Registration Data and thus create an Account for ordering any of the Company Products.
9. Price, Orders and Offers
For each Company Product, a total price in a single figure will be provided with the break-up of the price, including all compulsory and voluntary charges such delivery charges, postage and handling charges, conveyance charges and applicable tax.
Prices and availability of the Company Products provided or offered on the eSambandh App are subject to change without prior notice and at the sole discretion of the Company. The Company, at its sole discretion, may provide offers and discounts on the Company Products from time to time. The User are requested to check the eSambandh App from time to time for such offers.
All Company Products are subject to availability. The Company reserves the right to cancel and refund the amount for all or a part of an order which is out of stock, without prior intimation to the User. The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery. We reserve the right to limit the quantity of Company Products and also to deliver only part of an order or divide up orders for delivery in multiple parts. Payments in relation to a an order which has been cancelled for any reason shall be reversed to the Payment Method adopted by you or by any other method as may be determined by the Company. Refund can take 7-14 working days to reflect in the bank account of the User. Any User who wishes to purchase any Company Product from the eSambandh App can do so:
- (i) by selecting the Company Product and adding the Company Product to the shopping cart; or
- (ii) by customising any Company Product, that is expressly stated as customisable on the eSambandh App and adding the Company Product to the shopping cart.
Upon placing of an order on the eSambandh App, you will receive an email/ SMS/ notification on the eSambandh App containing confirmation of receipt of and the details of the order placed ("Order Confirmation"). The Order Confirmation is an acknowledgement your order has been received, and does not confirm any acceptance of your offer to buy the Company Products ordered. For the purpose of a Company Product, your offer is only accepted, and the contract of sale for a Company Product ordered by you is concluded, when the Company Product is dispatched to you and an e-mail/ SMS confirmation is sent to you that the Company Product has been dispatched to you.
10. Shipping and delivery of the Company Products
Shipping and delivery timelines: Endeavours will be made to ship the ordered Company Products at the shipping address provided by the User in the Registration Data or at the time of placing an order of the Company Products, within
- (i) the same day, if the order is placed by the User before 2:00 PM;
- (ii) 10:00 AM on the next day, if the order is placed by the User after 2:00 PM.
However, in case of an unlikely delay, endeavours will be made to dispatch and deliver the Company Products within 7 days from the date of placing of the order. The order may be delivered in multiple parts depending on the availability of the Company Products. Once items have been dispatched, orders cannot be redirected. After your order is shipped, you will receive a confirmation email/ SMS at your registered email address/ mobile number. You will be informed by email/ SMS if there is any inability to complete your order or if the shipping is delayed for any reason.
Shipping charges: Any shipping charges and other local charges displayed at the checkout page of the order shall be borne by the User placing the order.
Delivery method and verification: Delivery of the Company Product(s) shall be made by our Authorised Dealer or a third party logistics partner of the Company/Authorised Dealer. The Company shall not be liable for any delay in delivery or loss caused by any third party logistics partner/ Authorised Dealer during shipping and delivery of the Company Product. Any grievances on this aspect should be addressed solely to the concerned third party logistics partner/ Authorised Dealer. The third party logistics partner/ Authorised Dealer appointed by the Company from time to time is a third party and is not related to the Company in any manner. We are, therefore, unable to provide any warranty on the shipping of the Company Products by such third party logistics partner/ Authorised Dealer.
All orders shipped by our Authorised Dealer require an OTP verification upon delivery of an order, which is shared with the User on the registered mobile number provided at the time of creation of User Account and/ or on the eSambandh App. OTP verification of delivery by the User shall be considered to be conclusive proof of the delivery of the Company Product by an Authorised Dealer. A User should check the Company Product before sharing the OTP with the delivery person. Upon OTP confirmation, no subsequent claims in relation to defect in quantity or quality of the Company Product shall be entertained by the Company.
Specific terms and conditions of the third party logistics partner may be applicable to the delivery of the Company Products to the User. The User shall be bound by such terms and conditions, as may be applicable. All deliveries undertaken by the third party logistics partner will be considered to be complete upon a confirmation of such delivery by the third party logistics partner in our system.
Delivery limitation: The Company Products are delivered at the doorstep of the address provided at the time of placing of an order. All deliveries to addresses located beyond 1st floor (where elevators are not available) in any building will have to be arranged by the User by transport from the ground floor of the building to the delivery address. It is clarified that the Authorised Dealer/ logistics partner shall not be liable for ensuring delivery to the specified address if such address is unserviceable. The User is expected to extend all appropriate support in coordinating with the delivery person of such Authorised Dealer/ logistics partner.
11. Cancellation, Return and Refund
Once the Company Product has been ordered, a User shall not be allowed to cancel, change or modify the placed order. No orders shall be subject to any returns or exchange or refunds except in case of a damaged or different product or an error on part of the Authorised Dealer, on a case to case basis, where the decision taken by the Company shall be final.
All requests for returns, exchange or refunds should be made within 3 (three) days of receipt of the Company Product by such User by writing to the Company at consumerfeedback@bergerindia.com When a request for return or replacement or refund has been accepted by the Company, you shall be responsible for arranging for the delivered Company Product to be returned on the address notified to you. Replacement for Company Products will be at our discretion and will be subject to availability of Company Products. We reserve the right to provide a cash refund instead of replacement, if we so choose. All accepted requests of refunds shall be processed within a reasonable period of time, or as prescribed under applicable law.
12. Payment
All Users who place orders on the and/or on the eSambandh App will be required to pay the full price of the Company Product for us to process the order. All payments on the and/or on the eSambandh App are securely processed through various payment methods including Credit Cards, Debit Cards, Net Banking, Wallets, UPI, Credit offered by Credit Partners, e-Gift cards, and loyalty points (“Payment Method”). All major Credit and Debit Cards including Visa, MasterCard and American Express are accepted on the and/or on the eSambandh App. For payment to be made through cash, the User has to visit the Authorised Dealer assigned by the Company for making the payment and the payment confirmation shall be through OTP verification. The Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction on the Payment Method.
13. Intellectual Property Rights
All intellectual property rights in this eSambandh App, the designs, graphics, artistic works, brands, Content, applications, software, underlying source code and all other aspects of this eSambandh App belong to us solely and exclusively, unless specifically mentioned otherwise.
(a) Copyright
All Content included on the eSambandh App, such as text, graphics, logos, button icons, images, artistic works, graphical user interface of the eSambandh App , diagrams, drawings, audio-visual recordings, digital downloads, data compilations, and software including the source and the object code, is the property of the Company or its content suppliers and is protected by the applicable intellectual property laws.
(b) Trademarks
The (i) trademark ‘Berger’ and its logo, (ii) trademark ‘Lewis Berger’ and its logo, and (iii) other trademarks marks and logos on the eSambandh App and the Company Products are owned by and/or licensed to the Company.
(c) Intellectual Property Claims
While the Company or its content suppliers strive to ensure all Contents posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when Content is provided by other parties, and/or may include material that infringes on the copyright a third party. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at consumerfeedback@bergerindia.com with your concerns requesting such content to be removed or access to it be blocked and we will try to address your concerns.
No part of this eSambandh App including any Content either in whole or in parts, may be reproduced, adapted, distributed, communicated to the public, modified or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.
14. Use limitations
As a condition of your use of the eSambandh App, you warrant to the Company that you will not use the eSambandh App for any purpose that is unlawful or prohibited by these Terms of Use. You are expressly and emphatically restricted from all of the following:
(a) publishing any eSambandh App material or Content in any media;
(b) selling, sublicensing and/or otherwise commercializing any eSambandh App material, Content or the Company Product;
(c) publicly performing and/or showing any eSambandh App material or Content;
(d) using this eSambandh App in any way that is, or may be, cause damage, disruption, overburden or otherwise impair the functioning of the eSambandh App;
(e) using this eSambandh App in any way that impacts user access to this eSambandh App;
(f) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this eSambandh App, or while using this eSambandh App;
(g) using this eSambandh App to engage in any advertising or marketing, except as authorized by the Company in writing to select third parties;
(h) "deep-linking", "page-scraping", use of "robots", "web-spiders", “web-crawlers” 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 eSambandh App or its materials and Content or in any way reproduce or circumvent the navigational structure or presentation of the eSambandh App, to obtain or attempt to obtain any materials, documents, Content or information through any means not purposely made available through the eSambandh App; and
(i) gain or attempt to gain unauthorized access to the eSambandh App or any part thereof, or any other systems or networks connected to the eSambandh App or to any server, computer, network, or to any of the services offered on or through the eSambandh App, by hacking, password "mining" or any other illegitimate means.
15. License to the Contents of the eSambandh App
Any Content provided on the eSambandh App is owned by the Company. Unless otherwise indicated on the eSambandh App, all Content provided in the eSambandh App is the sole property of the Company and any usage of the same must be according to these Terms of Use. Except as provided in these Terms of Use, you agree not to distribute or provide access to any Content of the eSambandh App without our prior written approval.
Subject to your strict and full compliance with these Terms of Use, the Company, hereby grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to use the Content strictly for your private and personal use and non-commercial viewing.
Except for the rights to use granted under these Terms of Use, no other rights are granted to you with respect to the Content, either by implication, estoppel, or otherwise.
16. Limitation of Liability
We take no responsibility for any loss or damage suffered as a result of our Services or Company Products supplied through the eSambandh App, except as specifically provided under applicable law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. Any Company Product you order from our eSambandh App is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the Company Product and being completely acquainted about the Company Product, its features, characteristics, usage etc. We are not liable for any kind of damages or losses whatsoever suffered by any User due to the use or purchase of the Company Product.
All information and related content on this eSambandh App are provided on an "as is" basis without warranty of any kind. To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the eSambandh App, or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the eSambandh App, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the eSambandh App or the Content. Further, the Company shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the eSambandh App by the Company or for any consequences resulting from such actions.
In no event shall the Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) for or in relation to: (a) loss of use, data or profits arising out of or in any way connected with the use or performance of eSambandh App; (b) any delay or inability to use the eSambandh App; (c) the provision of or failure to provide any information or Company Products or Services obtained through the eSambandh App; (d) or otherwise relating to the use of the eSambandh App or the Company Products/ Services; whether or not all of the above losses, claims or damages are based on contract, tort, negligence, strict liability, even if the Company and/or its affiliates and/or its associates have been advised of the possibility of such losses, claims or damages.
17. Termination (Temporary and Permanent Disablement)
We reserve the right to modify, change, alter or discontinue any aspect of the eSambandh App including the description of the Company Products at any time. Unless otherwise provided in these Terms of Use, your right to use of the eSambandh App / Account may be terminated/ suspended by the Company without assigning any reasons at any time at the sole discretion of the Company.
You may terminate these Terms of Use at any time, provided that you discontinue any further use of the eSambandh App.
Upon termination/ suspension, you shall not have the right to use or access the eSambandh App / Account. Upon any termination, you must promptly destroy all materials downloaded or otherwise obtained from the eSambandh App, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
18. Governing Law, Settlement of Disputes and Jurisdiction
These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The User agrees that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Kolkata, India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
19. Indemnity
You agree to indemnify us and other persons involved in the creation of this eSambandh App for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this eSambandh App or any acts committed by you in violation of applicable laws, these Terms of Use and the Privacy Policy. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breach of these Terms of Use or the Privacy Policy.
20. Links to Third Party Websites
This eSambandh App may provide links to various websites, applications, services, for your convenience only and we have no control over these third-party websites and/ or applications. Some of the links may be related to the websites, applications and/ or services provided by our affiliate(s). We do not maintain, sponsor or recommend any third-party websites, though the eSambandh App may contain advertisements. We do not assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinion on third party websites. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and privacy policies of each such website(s), applications and or service(s).
21. Force Majeure
The Company or the Authorised Dealer shall be under no liability whatsoever in the event of non-availability of the Company Product or the Services or the Account or any portion of the eSambandh App occasioned by a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, medical emergency, pandemic, public health emergency, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
22. Entire agreement
Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and the Company with respect to the eSambandh App/ Services and it supersedes all prior communications and proposals, whether electronic, oral or written.
23. Severability
If any of the provisions of these Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of these Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.
24. No waiver for breaches
Any failure by the Company to enforce these Terms of Use, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
25. Complaints and Grievance Redressal
Any complaints or concerns with regards to content of this eSambandh App, the Company Products, the Services or comment or breach of these Terms of Use or any intellectual property of any User shall be immediately informed to the designated Grievance Officer as mentioned below.
Mr. Sanjay Bhowmick (Grievance Officer)
Designation: Executive (Retail)
Email: consumerfeedback@bergerindia.com
Fax: +91 33 2249 9009 / 9729
Landline: +91 33 2229 9724 / 2229 6005 / 06 / 1
26. Contact information and customer care
For any queries on the use of the Services, or regarding our Company Products, please get in touch by filling in the form on the “Contact Us” page or alternatively email us at consumerfeedback@bergerindia.com or call us on 1800-103-6030 or fax us on +91 33 2249 9009 / 9729 on Monday to Friday between 9:00 AM to 5:30 PM.
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