CONTRACTUAL RELATIONSHIP

CONTRACTUAL RELATIONSHIP Bathtech Technologies Pvt Ltd, operating under the trademarked name “Bathxpertz”, owns and operates a website i.e., www.bathxpertz.com which provides holistic bathroom renovation solutions. These terms and conditions (“Terms”) shall govern the use or access to the Website and Services (as defined below).

These terms constitute a legally binding and enforceable agreement between Bathxpertz (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the website to browse and/or avail the Services displayed by us on the Website. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access or stop your use or access to our Services. The Company requests the User to carefully go through these terms & conditions (“Terms and Conditions” or “Terms”) prior to accessing the Website or availing Services (as defined below) using the Website.

The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with the legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms at the domain of www.bathxpertz.com/terms. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the Website, Content (as defined below) and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest version of the Terms and Conditions.

No information provided on the Website shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record in terms of the Indian Contract Act, 1872; the Information Technology Act, 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000 including their amendments thereof. These Terms are generated by a computer system and do not require any digital or electronic signature.

DEFINITIONS

“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available on through the Platform.

“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Platform, Services and/or Content.

“Parties” means collectively Bathxpertz and a User, and a “Party” means any of them.

“Third Party Vendor(s) and Service Provider(s)” means independent vendor(s) and/or service provider(s) offering, providing or supplying products or services via the Platform who are independent third party operators.

“User(s)” refer to person or individuals who visits, uses, browes, or otherwise becomes a buyer on the Platform and avails any service through the Platform and/or deals with or transacts with the Platform in any manner, which may include Third Party Vendors and Service Providers and are the end-customers of products or services provided by Third Party Vendors and Service Providers, as the case may be.

“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks and copyrighted materials displayed, published or made available on or through the Platform by any User.

“Estimated Cost” will include the service provider’s approximation of what the Service is likely to cost. The purpose of cost estimation is to predict the quantity, cost, and price of the resources required to complete a job.

ELIGIBILITY

You hereby represent and warrant that you are eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with the Terms stated therein.

You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third-parties.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to act on behalf of your organization.

USE OF SERVICES

You may create an account in order to use some of the features offered by the Platform. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy available on our app/website. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account details, all changes and updates submitted through your account, and all activities that occur in connection with your account.

We reserve the right to add, change or remove Services from our Platform at any time, and may make certain Services chargeable at our discretion.

You must only book a Service if you have a genuine requirement for the work detailed to be performed. You must only post feedback in relation to a service provider if you have availed Service from them as a result of your use of the Platform.

SERVICES

We provide one stop Platform for bathroom interior design services and shall provide services in relation to the execution of the finalised design on a turn-key basis and in relation to purchase of products and services from Third Party Service Providers. The Customer shall pay the Company immediately upon any payments becoming due in accordance with the Payment Terms. The Company shall provide and shall ensure that all Third Party Vendors or Service Providers (if any) also provide warranty/defect liability period on the civil work and woodwork related items. To the extent where the products or services are provided by Third Party Vendors and Service Providers, Bathxpertz is not responsible for setting or controlling the prices displayed on the Platform or offered by such Third Party Vendors and Service Providers.

Third Party Vendors and Service Providers are responsible for their products or services offered or supplied to Users, and Bathxpertz shall not be responsible for and does not provide any warranty or guarantee whatsoever with respect to (i) the quality, safety, suitability, or legality of any product or service of Third Party Vendors and Service Providers, (ii) the truth or accuracy of any product or service descriptions of Third Party Vendors and Service Providers, or (iii) the performance or conduct of Third Party Vendors and Service Providers. Bathxpertz shall only be responsible to ensure that Users and Third Party Vendors and Service Providers deal with each other in accordance with and within the parameters of the Terms.

By accepting these terms and conditions you acknowledge and agree that Bathxpertz shall not and is not required to mediate or resolve any dispute or disagreement between Users and Third Party Vendors and Service Providers. All products and services on the Platform may be subject to additional terms and conditions imposed by the Third Party Vendors and Service Providers, which Users are obligated to have read and accepted at the time of placing the order or before engaging the relevant Third Party Vendors and Service Providers.

Bathxpertz reserves the right to amend/revise the product/service offerings of styles and construction options within the Bathxpertz product/service line and professional services, from time to time, as its sole discretion.

The Terms of use shall be subject to our payment, cancellation, refund & returns and warranty policies. Please read them carefully before availing any services on the Platform.

PROHIBITED USAGE OF THE PLATFORM

Users shall be prohibited from carrying out any illegal activity in the Platform including but not limited to acts mentioned are violating or attempting to violate the integrity or security of the Platform; transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services; intentionally submitting on the Platform any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform; circumventing or disabling any digital rights management, usage rules, or other security features of the Platform. Any unlawful activities on the Platform are prohibited by the laws of India.

The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this. We shall also be entitled to preserve such information and associated records for at least 90 days for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law and you hereby consent to such transfer by us. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Platform or otherwise disclosed, submitted or offered in connection with your use of the Platform (collectively, the “Comments”) shall be and remain Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any User Comments.

You agree that no Comments submitted by you to the Platform will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Platform will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service on the Platform. We may terminate or restrict your use of our Platform and Services if you violate these Terms or engage in any illegal or fraudulent use of our Platform or Services.

You agree that neither you nor anyone acting on your behalf, will directly or indirectly, publish, post, or otherwise issue any defamatory comments or remarks, in writing, orally or electronic format, against the Company, and its respective employees, clients, operations or services. Any violation of these Terms or intimidation for such will make you liable to compensate the Company for losses caused due to such acts of yours. In order to recover the damages and losses and prosecute you for illegal defamation, the Company shall be entitled to initiate civil and/or criminal proceedings against you as per the appropriate law, by the Company.

USER DATA

You represent and warrant that any information provided by you in connection with your use of the Platform is and shall remain true, accurate and complete and that you will maintain and update such information regularly. You agree that if any information you provide to us is false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the Platform.

You agree that the Company, may, in accordance with its Privacy Policy, collect and use your information, technical data, and related information for the validation of the documents submitted. The Company may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform and transfer the same to its group companies and service providers in furtherance of your access to these Services. You provide your consent to such use and sharing of your information.

Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.

USER DATA PROCESS

We process your data and may contact you through telephone, email, SMS, WhatsApp or any other means of communication for a variety of reasons, depending on how you interact with our Services, including:

  • To deliver and facilitate the delivery of services to the user. We may process your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
  • To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
  • To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.
  • To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
  • To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, ‘WHAT ARE YOUR PRIVACY RIGHTS?’ below.
  • To deliver targeted advertising to you. We may process your information to develop and display personalised content and advertising tailored to your interests, location, and more.
  • To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and evaluate and improve our Services, products, marketing, and your experience.
  • To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
  • To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

INTELLECTUAL PROPERTY RIGHTS

The Platform, text, graphics, user interfaces, visual interfaces, sounds, artwork, designs, and computer code on the Platform is owned and controlled by Bathxpertz and the design, structure, selection, coordination, expression, look and feel and arrangement on the Platform is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The Platform, Content and Bathxpertz Technology underlying the Platform and Services are the property of Bathxpertz and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by Bathxpertz, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform and/or Content, in whole or in part. The word “Bathxpertz” and associated logos are the trademarks, trade names and/or service marks of Bathxpertz, and Users agree not to display or use in any manner such names and/or marks without Bathxpertz’s prior written authorization. In using the Platform, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Platform in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Bathxpertz platform. Any uses of the Platform and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Bathxpertz.

By using the Platform and/or Services, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Platform and/or Services granted to Users pursuant to the Terms. All goodwill generated from the use of the Platform, Content and/or Services will inure to Bathxpertz’s exclusive benefit.

To the extent where Users provide Bathxpertz with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to Bathxpertz and acknowledge that Bathxpertz can use and share such Feedback for any purpose in its sole discretion.

Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Bathxpertz.

LICENSE

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case, solely in connection with your use of the Services. The Company and its licensors reserve all rights not expressly granted herein.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The Platform and the intellectual property rights vested therein are owned by the Company.

LIMITATION OF LIABILITY

The Company does not warrant that the results that are obtained from the use of the Service will be accurate or reliable. You agree that except as expressly stated by the Company, the Services and all the products provided/delivered to you through the Service are provided ‘as is’ and ‘as available for your use, and are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties. While we endeavour to ensure your access and use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.

In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.

The Company shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services; or any transaction or relationship between you and any third-party provider or any delay or failure in performance resulting from causes beyond Company’s reasonable control.

EXEMPTIONS TO LIABILITY OF COMPANY

User further agrees and confirms that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your unavailability and/or unresponsiveness; your failure to provide accurate and complete information; your failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond the Company’s reasonable control.

User further agrees that the Company shall be only liable to provide assistance and cooperation in the event of theft or accident of the vehicles while in the premises of the service partners. The Company shall provide all requisite assistance in a timely manner in respect of any insurance claims, reporting to police and/or any other formal steps as may be required but shall not be liable to compensate the User for its loss unless the same is caused due to an act solely attributable to the Company or due to gross negligence of Company (and not the service partner).

DISPUTE RESOLUTION

In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the courts of Delhi shall have sole jurisdiction over the matter and/or for the enforcement as the case may be.

GENERAL PROVISIONS

Severability: If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

The Company provides these Terms so that you are aware of the Terms that apply to your use of the Platform and Services. You acknowledge that the Company has given you a reasonable opportunity to review these Terms and you have agreed to them.The Terms and Conditions are personal to you and are not assignable or transferable by you except with Company’s prior written consent. The company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.

All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or 2 days after it is sent, if sent for next day delivery by recognized overnight delivery service.

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Delhi, India.

TERMINATION

The Company may terminate your usage of the Platform or any Service at any time for any reason, including breach of the Terms and Conditions. The Company has the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and licenses granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User.

You may terminate these terms at any time, for any reason. The obligations and liabilities incurrent by the parties prior to the termination date, for all intents and purposes, will survive the termination of these Terms. These Terms will remain in effect until either you or we terminate them. If you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services and Platform; or your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

CONTACTING YOU

You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback in relation to Platform or our Services; obtaining feedback in relation to any other Users listed on the Platform; or resolving any complaints, information, or queries by other Users regarding your critical Content.

You agree to provide your fullest co-operation further to such communication by the Company.

By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.

REPORT ABUSE

In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail address: info@bathxpertz.com