Terms of Use

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using www.modularmart.com, and all associated sites linked to www.modularmart.com or any similar platform run by SRG Enterprises, having its office at IDEASHACK, 14/3, Mathura Road, Metro Pillar 564, Faridabad, Haryana, 121003, before availing any services offered by SRG Enterprises under the www.modularmart.com platform which may include services, such as, Vendor Search, Residential Interior Construction and Design (“Services”). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all the services, whether offered by SRG Enterprises/ www.modularmart.com. or its affiliates/agents/associates or a third party referred by SRG Enterprises.

Acceptance

By registering on, accessing, browsing, downloading or using the www.modularmart.com, platform for any general purpose or for the specific purpose of availing any of the Service, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each of the Services (hereinafter collectively, the T&Cs).

These T&Cs shall also include any additional or modified terms and conditions in relation to any specific service or any future service that may be offered by SRG Enterprises on the www.modularmart.com, platform. By registering on, accessing, browsing, downloading or using (as applicable) the www.modularmart.com, platform or availing any www.modularmart.com, service, You automatically and immediately agree to all the T&Cs.

If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the www.modularmart.com, platform and immediately terminate Your availing the www.modularmart.com, services.

Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the www.modularmart.com, platform or a customer or beneficiary of the www.modularmart.com, Services

All services are rendered by SRG Enterprises through the www.modularmart.com, platform under the brand name “modularmart.com” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, www.modularmart.com, regarding Your use of Services or any such other services which may be added on the www.modularmart.com, platform and which will henceforth be made available on www.modularmart.com, from time to time. The SRG Enterprises /www.modularmart.com, services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, SRG Enterprises /www.modularmart.com, grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the www.modularmart.comPlatform and/or avail the www.modularmart.com services.

Eligibility

By accepting the T&Cs or by otherwise using the SRG Enterprises services on the www.modularmart.com platform, You represent that You are at least 18 years of age.

In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement.

Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific SRG Enterprises services and to specific portions or features of the www.modularmart.com platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions.

If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the www.modularmart.com platform or for any SRG Enterprises service offered on or through the www.modularmart.com platform, the latter terms shall control with respect to Your use of that portion of the www.modularmart.com platform or the specific SRG Enterprises service.

SRG Enterprises may make changes to any the services offered on the www.modularmart.com  platform, or to the applicable terms for any such services, at any time, without notice.

The materials on the www.modularmart.com platform with respect to the SRG Enterprises services may be out of date, and SRG Enterprises /www.modularmart.com makes no commitment to update the materials on the www.modularmart.com  platform with respect to such Services.

Service, Participating Platforms

➢ www.modularmart.com  offers You the convenience, after a one-time registration, to sign on (log in) to the web pages and online platforms as allowed by SRG Enterprises/ www.modularmart.com  with single log-in access / data, without going through a separate registration process every time.

➢ Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs.

➢ Each user can set up only one user account.

➢ The user is obliged to provide correct and complete information during the registration and use of the service.

➢ The login data is intended solely for personal use by the user and therefore always to be kept secret and safe.

➢ The user is not entitled to share his login details with third parties or to disclose them otherwise.

➢ The user is obliged to inform www.modularmart.com  immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account by emailing the management at contact@modularmart.com

➢ Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our service.

➢ By the user clicking on this confirmation link, the user accepts www.modularmart.com’s terms and conditions as mentioned herein.

➢ SRG Enterprises /www.modularmart.com is entitled to reject individual users without giving reasons.

➢ The user guarantees that the data submitted for their user account (and any other information that is otherwise left for www.modularmart.com ) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, You accept the following:

• SRG Enterprises may send alerts to the mobile phone number provided by You while registering with the www.modularmart.com platform or on any updated mobile number subsequently provided by You on the www.modularmart.com platform, or via e-mail or push notifications.

• SRG Enterprises will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from SRG Enterprises /www.modularmart.com as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the www.modularmart.com platform or availing any SRG Enterprises/www.modularmart.com  services. SRG Enterprises/shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold SRG Enterprises/www.modularmart.com  liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.

• The SMS/e-mail alert/push notification service provided by SRG Enterprises/www.modularmart.com is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy.

• In the event that You observe any error in the information provided in the alert, SRG Enterprises/www.modularmart.com shall be immediately informed about the same by You and SRG Enterprises/www.modularmart.comwill make best possible efforts to rectify the error as early as possible. You shall not hold SRG Enterprises/www.modularmart.com liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.

Termination; Agreement Violations

You agree that SRG Enterprises, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the SRG Enterprises services/www.modularmart.com platform at any time without prior notice, and You agree that SRG Enterprises/www.modularmart.com will not be liable to You or any third party for any such termination or interruption.

Limitation of Liability and Damages

In no event, SRG Enterprises/www.modularmart.com or its directors, employees, agents, contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) accepting these terms and conditions; (ii) Your use or inability to use the SRG Enterprises services, the www.modularmart.com platform (including any and all materials), even if SRG Enterprises/www.modularmart.com authorized representative has been advised of the possibility of such damages, however caused and whether arising in contract, tort including negligence, warranty or otherwise. Notwithstanding anything contained herein or in any other document or any other agreement between You and SRG Enterprises, the maximum and total liability of SRG Enterprises towards You or any third party shall never be beyond or in excess of the amount paid by You, if any, for using the portion of the SRG Enterprises service / through www.modularmart.com platform, or Rs.10,000/-, whichever is less.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, / through the platform www.modularmart.com, SRG Enterprises, and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from SRG Enterprises or through the SRG Enterprises services or the www.modularmart.com platform will create any warranty or guarantee other than those expressly stated herein. SRG Enterprises/www.modularmart.com does not warrant that the SRG Enterprises/www.modularmart.com services will be uninterrupted or error-free or that defects in the site will be corrected. The SRG Enterprises services and the www.modularmart.com platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied.

Ownership; Proprietary Rights

The SRG Enterprises services and the www.modularmart.com platform are owned/operated by SRG Enterprises. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the SRG Enterprises services and the www.modularmart.com platform provided by SRG Enterprises/www.modularmart.com (here-after Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and SRG Enterprises/www.modularmart.com, all Materials, trademarks, service marks, and trade names contained on the www.modularmart.com platform are the property of SRG Enterprises.

Modification of these terms and conditions

SRG Enterprises reserves the right to change, modify, add, or remove portions of these terms and conditions (each, a change and collectively, changes) at any time by posting notification on the www.modularmart.com platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the www.modularmart.com platform, availing the SRG Enterprises/www.modularmart.com services. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the SRG Enterprise services/ www.modularmart.com platform.

Notice

www.modularmart.com may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the www.modularmart.com platform or by any other reasonable means. Except as otherwise set forth herein, notice to SRG Enterprises be sent by courier or registered mail to SRG Enterprises c/o IDEASHACK, 14/3, Mathura Road, Metro Pillar 564, Faridabad, Haryana, 121003

Waiver

The failure of SRG Enterprises/www.modularmart.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SRG Enterprises

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any SRG Enterprises or the www.modularmart.com platform, including any question regarding the existence, validity or termination of these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, either Party may seek any interim or preliminary relief from a court of competent jurisdiction in India, and courts in Faridabad, Haryana have the sole jurisdiction. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this terms and conditions is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these terms and conditions to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Unconditional Consent

1. I have read and understood these terms and conditions and I hereby declare that the details furnished above are true and correct to the best of my knowledge and belief and I undertake to inform you of any changes therein, immediately.

2. I hereby give my consent to SRG Enterprises/www.modularmart.com for recording and saving my personal details as provided by me on www.modularmart.com platform and to use that information for offering me offerings and services as per the requirements and interests expressed by me while sharing these information on www.modularmart.com

3. I unconditionally and irrevocably authorize SRG Enterprises to share such details, as provided by me on the www.modularmart.com platform with its directors, employees, agents, contractors, agents, licensors, partners or suppliers as and when so required by SRG Enterprises/www.modularmart.com for providing services to me.  

4. I undertake and acknowledge that all the information provided by you on the www.modularmart.com website at the time of applying for the services offered on www.modularmart.com platform is accurate and true and to the best of my knowledge. I further agree to indemnify SRG Enterprises/www.modularmart.com from and against all claims, liabilities, damages, costs, losses and expenses that may be incurred by SRG Enterprises/www.modularmart.com on account of any inaccurate or incorrect information provided by me.

5. I agree and acknowledge that subsequently if it is found that the information provided by me is untrue or inaccurate, then without prejudice to any other right or remedy available with SRG Enterprises/www.modularmart.com, SRG Enterprises reserve the right to cancel or suspend my services and that I shall have no objection to the same. Further, I shall also indemnify SRG Enterprises/www.modularmart.com for any loss or damages caused to them on account of any untrue or inaccurate information provided by me.

6. I acknowledge and agree that apart from the information provided by me on the www.modularmart.com platform at the time for applying for the services, SRG Enterprises or its directors, employees, agents, contractors, agents, licensors, partners or suppliers may ask for further information, documents and I agree to provide such information and/or documents to SRG Enterprises/www.modularmart.com as and when I am required to do so.

7. You acknowledge and agree that in-case of non-payment by you of the any due amount by the due date, as per the terms of the terms and conditions of respective services or products availed from or through SRG Enterprises/www.modularmart.com or by using www.modularmart.com platform, SRG Enterprises its directors, employees, agents, contractors, agents, licensors, partners or suppliers, as the case may be, shall be entitled to initiate appropriate actions actions/proceedings.

8. You acknowledge and agree that these Terms and Conditions shall be governed by and understood in accordance with laws of India and Courts in the city of New Delhi will have exclusive jurisdiction in regard to any dispute arising thereof.

9. You acknowledge and agree as follows-

a. These Terms and Conditions mentioned herein may be modified by SRG Enterprises and/or /www.modularmart.com SBICPSL in its sole discretion from time to time.

b. The terms provided in the Terms and Conditions and agreed by you are personal. You may not assign, sub-license or otherwise transfer your rights thereunder or any other terms agreed under these Terms and Conditions.

c. If a court finds any part of these Terms and Conditions to be invalid, the remaining parts of these terms and conditions shall continue unaffected.

d. If SRG Enterprises fails to exercise any right or legal remedy available to SRG Enterprises against you, any such failure shall not prevent SRG Enterprises from relying on these at a later date.