Terms of Offer for Sale

GENERAL

  • These terms of the offer for sale (“Terms”) apply to products and services purchased via the Homemek mobile application (the “App”). The App is owned and operated by NoBroker Technologies Solutions Private Limited (hereinafter referred to as, “Company” or “we” or “us”, and which expression shall, unless it is repugnant to the context or meaning thereof, be deemed to include its successors and assigns). Under these Terms, the users of the App will be referred to as (“you” or “your” or “yourself” or “user”, or “customers”).
  • These Terms are an electronic record as per the Information Technology Act, 2000 (as amended/re-enacted) and rules thereunder (“IT Act”) and are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandate publishing of rules and regulations, privacy policy and terms of use for access or usage of any application or website. This electronic record is generated by a computer system. Any changes or amendments thereof to the Terms are incorporated by reference. These Terms shall apply to all purchasers and users of the Products and Services.
  • PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING OF ANY SERVICES ON THE APP. ANY PURCHASE MADE BY YOU THROUGH THE APP SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE (“T&C”) OF THE Homemek WEBSITE (AVAILABLE AT https://homemek.com/terms-and-conditions), THE PRIVACY POLICY (“PRIVACY POLICY”) OF THE Homemek WEBSITE (AVAILABLE AT https://homemek.com/privacy-policy), OR ANY ADDITIONAL TERMS WHICH ARE DISPLAYED WITH THE SELECTION OF A PRODUCT OR SERVICE, IF ANY (“ADDITIONAL TERMS”). IF THERE IS ANY CONFLICT BETWEEN THE TERMS AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE TO THE EXTENT OF SUCH CONFLICT.
  • IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE APP FOR ANY PURCHASE.

SCOPE

  • The App is an internet-based portal for the online sale of certain products and/ or services offered by third parties and the purchase of such Products and Services by you (“Products” / “Services”).
  • We have the right to change or discontinue any Products and/or Services at any time without notice. We may add or modify the procedures, modes, processes or conditions of purchase at any time, and we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product or any aspect of the Services.

GENERAL CONDITIONS OF SALE

  • You shall be responsible for your own actions in utilising the Products / Services purchased by you or provided to you on the App, and we shall not be liable for any such action or consequence thereof. We hereby disclaim liability for all Products / Services offered on the App.
  • You represent that you are of legal age to form a binding contract in order to purchase the Products and/or avail the Services, and you are not a person barred from purchasing Products and/or receiving Services under the laws as applicable in India.
  • You represent that you are eligible to enter into valid contracts under the Indian Contract Act of 1872.
  • All Products / Services displayed on the App constitute an offer to sell and you accept such offer to sell upon agreeing to purchase the Products / Services so listed on the App. Accordingly, this contract for the sale of the Product / Service is a bipartite contract between you and us.
  • You hereby agree and acknowledge that the Products and Services listed and made available through the App are provided by third-party vendors or service providers (“Third Party Vendors”). Even though we take reasonable care to curate the list of Third-Party Vendors and ensure that such third parties that we engage provide timely and best possible assistance, we may not be involved in providing direct assistance. Hence, we are not responsible for any outcome between you and the Third-Party Vendors. We shall not be responsible for any defect in Product and/or breach of or deficiency in Service by any such third parties. While we are not responsible or liable for any criminal act, misconduct or act that is prosecutable in the court of law committed by any Third-Party Vendors, we may assist the competent regulatory authorities and will take any necessary action if and when required to address any such grievances.
  • You understand and agree that the offer for sale of the Products or Services on the App is not an absolute or unconditional offer. Such an offer is subject to repudiation by us at any time before the delivery of the Product or provision of Services. We do not have any obligation to assign or provide any reason for such repudiation and may repudiate our offer without your consent and without any liability or obligation towards you.

PRICING INFORMATION

  • The pricing information relating to the Product or Service shall be as communicated to us by the respective Third-Party Vendor, as displayed on the App and as disclosed to you when you access information regarding such Product or Service on the App and also at the time of your purchase/order.
  • The prices on the App are subject to price fluctuations due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.
  • We do not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.
  • While we strive to provide accurate information, including pricing information, relating to the Products / Services, typographical and other errors may occur. In the event that a Product / Service is listed at an incorrect price or with incorrect information due to an error, we will have the right to modify the price of the Products / Services and contact you for further instructions via the e-mail address provided by you at the time of placing an order on the App or cancel the order and notify you of such cancellation. If we cancel the order after the payment has been processed, the said amount will be remitted within a stipulated number of business days to the account from which you made the payment.

PAYMENTS

  • You may be required to provide your credit or debit card details to authorised payment gateways while making the payment for your purchase of the Products or Services offered on the App. In this regard, you agree to provide valid, correct and accurate credit/debit card details to the authorised payment gateways for purchasing Products or availing Services on the App. You shall not use a credit/debit card that is not lawfully owned by you. You will be solely responsible for the security and confidentiality of your credit/debit card details, and we shall not be held liable for any loss that you might face in this regard.
  • You, as a buyer, agree to the following:
    • We reserve the right to impose limits on the number of transactions or transaction prices that we may receive from an individual on a valid credit card/debit card/bank account or through cash or such other infrastructure or any other financial instrument directly or indirectly through a payment aggregator or through any such facility authorised by Reserve Bank of India to provide support facility for collection and remittance of payment by you during any time period and reserve the right to refuse to process transactions exceeding such a limit.
    • We reserve the right to refuse to process transactions by buyers with a prior history of questionable charges, including, without limitation, breach of any agreements by such buyers with us, breach/violation of any law or any charges imposed by the issuing bank or breach of any policy.
    • We may do such checks as we deem fit before approving the receipt of/your commitment to make payments (for Cash on Delivery transactions) for security or other reasons at our sole discretion. As a result of such checks, if we are not satisfied with either your creditworthiness or the genuineness of the payment or other reasons, we shall have the right to reject the receipt of / your commitment to make payments. For the avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment may be disabled for certain account users at our sole discretion.
    • We may delay notifying the payment confirmation if we deem a transaction suspicious or if you engage in high-volume transactions to ensure the safety of the transaction and transaction price.
  • While availing any of the payment methods made available on the App, 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:
    • a lack of authorisation for any transaction;
    • exceeding the pre-set limit mutually agreed between you and the financial services providers you deal with;
    • any payment issues arising out of the transaction or
    • declining of transaction for any other reasons.
  • All payments made against any purchase of the Products or availing the Services shall be made in Indian Rupees.
  • You have specifically authorised us to collect, process, facilitate and remit the payments electronically, through UPI, credit/debit cards, prepaid payment cards direct bank transfer or any other methods of payments available on the App from time to time.
  • We reserve the right to change any or all parts of this Clause without liability to you or any third party. In the event that there is a change in this Payments Clause, we will update the same on the App from time to time.
  • You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products and Services from us, and you agree to bear any and all applicable taxes, including but not limited to service tax, GST, duties and cesses, etc.

CANCELLATIONS, RETURNS AND REFUNDS

  • CANCELLATION:
    The Product/Service specific cancellation policy will be determined by Third-Party Vendors, and the terms of the same will be mentioned on the product listing page.
  • RETURNS:
    • If you happen to receive a Product that does not comply with the specifications of your original order, please write to us at support@homemek.com within 3 days from the date of receipt of the Product.
    • Products may be returned within the specific time periods prescribed by the Third-Party Vendors under their respective product listing pages. You agree and acknowledge that you have checked and verified the said return policy before placing an order for the Product. It is hereby clarified that the returns/replacement policy provided on the product listing page shall prevail over the general returns policy contained hereunder. In the event that a certain product is ‘non-returnable,’ the product listing page will specifically highlight this, and you agree not to claim a return/replacement at a later stage.
  • Return will be processed only if:
    • it is determined that the Product was not damaged while in your possession;
    • The product is not different from what was shipped to you;
    • The product is returned in original condition (with MRP tag intact, user manual, warranty card and all other accessories).

REFUNDS AND REPLACEMENTS

  • Upon successful processing of a return, you may, as per The Third-Party Vendor’s policy (as intimated to you on the product listing page), be eligible to either receive a refund for said Product or replace the Product. You hereby agree and acknowledge that we have no role in relation to the return or refund of said Products and the same shall be processed by said Third-Party Vendors as per the terms specifically listed on the product listing page.
  • If you are eligible for a refund, the same shall be given to you as per the following guidelines:
    • All refund process initiation shall be subject to pick up of all cancelled items from your premises.
    • The refund amount for orders paid online or via credit/debit card at the time of delivery will be refunded within 7-10 working days from the date the refund is initiated to the source account.

REPRESENTATIONS, WARRANTIES AND COVENANTS

You represent that:

  • in case you are a partnership firm or a corporate body, you are a legal entity duly formed and validly existing under the laws of your governing state/country or in case you are an individual, you are a natural person and not prohibited from buying the Products / availing the Services;
  • you have full corporate power and absolute authority to accept these Terms and to perform all the duties, obligations and responsibilities arising or created under or pursuant to these Terms;
  • These terms shall constitute a valid and legally binding obligation, enforceable in accordance with its terms;
  • The acceptance of these Terms and delivery and performance of the duties, obligation and responsibilities arising in or created under or pursuant to these Terms does not and shall not conflict with, result in a breach of or default under applicable laws or regulation, any privacy policy, terms of use, or any order, writ, injunction or decree of any court or governmental authority or any agreement or arrangement or understanding, written or oral, to which you are a party to;
  • There are no claims, actions, suits, litigation, arbitration or other proceedings pending or threatened against you, that question the validity or enforceability of these Terms or any of the transactions contemplated pursuant thereto.

You further undertake that, during the term of these Terms:

  • you shall not copy any design of the Product for which the order was placed on our App;
  • you shall not resort to any trade practices which are fraudulent in nature or not permissible under applicable law;
  • you undertake that each representation and warranty you make in these Terms are true and correct in all respects. You accept these Terms, and you shall ensure that all such representations and warranties remain true and correct during the subsistence of these Terms, and no omission has been made of any fact that is directly or indirectly connected with any of the representations or which makes any of the representations misleading;
  • you acknowledge that we have agreed to contract with you on the basis of, and in full reliance on, each of the aforesaid representations and warranties. None of the representations and warranties shall be treated as qualified by any actual, implied or constructive knowledge on our part or on the part of any of our respective agents, representatives, officers, employees or advisers. The representations and warranties shall not be in any manner limited by any information disclosed or made available to or received by us or our representatives.

WARRANTIES AND CLAIMS

  • All Products and Services are offered on an “as is” basis. We hereby disclaim liability for all such Products and Services offered on the App. We do not implicitly or explicitly support or endorse the sale or purchase of any Products manufactured or originating from a particular third party on the App. We shall have no obligations or liabilities in respect of any Products listed on the App. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the Products listed or displayed or transacted on the App.
  • With respect to Services, we shall neither be liable nor responsible for any actions or inactions of the Third-Party Vendors nor for any breach of conditions, representations or warranties by them. We do not take any responsibility to mediate or resolve any dispute or disagreement between you and the Third-Party Vendor.
  • In the event that a specific set of warranties for any Product or Service is provided by a Third-Party Vendor, i.e., by a manufacturer of the Product that is offered on the App or a third party from whom the Product has originated, such warranties are between the third party and you. We shall not be liable or responsible for any such warranties. We do not take any responsibility to mediate or resolve any dispute or disagreement between you and the third party.
  • Unless otherwise specified, we disclaim any and all liability arising out of or in relation to the Content posted on the App. For the purposes of these Terms, Content is defined as any material, information or other content posted by Third-Party Vendors in relation to the Products / Services. You acknowledge that all Content accessed by you while using the App is at your own risk, and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and we will have no liability towards you or any other party for any damage or loss resulting from such Content.
  • Unless otherwise specified, the Products / Services listed on the App are presented solely for the purpose of sale in India. We make no representations that these Products / Services are appropriate or available for use in other locations/countries other than India. Those who choose to access this site from locations/countries other than India do so on their own initiative, and we are not responsible for fulfilling our obligations in respect of these Products / Services ordered from locations/countries other than India or compliance with local laws, if and to the extent local laws are applicable.

INDEMNIFICATION AND LIMITATION OF LIABILITY

  • You agree to indemnify, defend and hold the Company, its affiliates, and its affiliate’s directors, officers, employees, agents and representatives harmless from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms or any Additional Terms applicable to the purchase of Products and/or Services.
  • In no event shall the Company, its affiliates, its and its affiliates’ officers, directors, employees, agents or representatives be liable to you or any third party for any direct, special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have 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 purchase of the Products and Services herein. Notwithstanding anything to the contrary, our entire liability to you under this Terms or otherwise shall be limited to the refund of the money paid by you for any Product or Service in connection with which the claim has arisen, which amount shall be refunded to you.
  • The limitations and exclusions in this section shall apply to the maximum extent permitted by applicable law.

GOVERNING LAW

  • These Terms shall be construed in accordance with the laws of India.
  • All claims, differences and disputes arising under or in connection with or in relation to these Terms or any transactions entered into on or through the App or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the courts in Bangalore only, and you hereby accede to and accept the jurisdiction of such courts.

SEVERABILITY

Where any particular term or provision of these Terms is determined under applicable law to be unenforceable, such unenforceable term(s) shall be severed from and will not affect any other terms. The Company reserves the right to substitute any such unenforceable term or provision with a suitable and enforceable provision at its sole discretion. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms or any Additional Terms to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.

ASSIGNMENT

You shall not have the right to assign these Terms or any of your rights and obligations under these Terms directly or indirectly without obtaining our prior written consent. Notwithstanding anything to the contrary contained in these Terms, we will have the right to assign these Terms or any of our rights and obligations under these Terms, directly or indirectly, without your prior written consent.

GRIEVANCE OFFICER

In accordance with the IT Act, 2000 and rules made thereunder and other applicable laws, the name and contact details of the Grievance Officer are provided below:

You may write to the Grievance Officer at the following address:

Name: Avadh Ladani
Email: support@homemek.com
Phone Number: (+91) 87802 99105

YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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