Terms & Conditions

TERMS AND CONDITIONS

Effective Date: 22.04.2024
Website Covered: www.fcbuildmart.com

THE AGREEMENT: The use of this App and its website for services provided by First Circle Build Mart(hereinafter referred to as (Owner) is subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. Following are the Terms & Conditions governing your use of www.fcbuildmart.com, all pages on the Website, any services provided by or on this Website, and its Mobile Application First Circle Build Mart.

By accessing either directly or through a hyperlink, the App or Website, and/or purchasing something from us, you engage in Service and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/ or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content.

1. DEFINITIONS

The parties referred to in these Terms & Conditions shall be defined as follows:

a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the App and Website, makes the App and Website, and certain Services on it, available to users. www.fcbuildmart.com/Â First Circle Build Mart App, Owner, Us, We, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.

b) You, the User, the Client: You, as the user of the App/Website, will be referred to throughout these Terms & Conditions with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms & Conditions, the term or shall mean any natural or legal person who is accessing the Website. The term shall be construed accordingly.

c) Parties: Collectively, the parties to these Terms & Conditions (the Owner and You) will be referred to as Parties.
d) Vendor: Any person or entity who wants to supply products or provide services through www.fcbuildmart.com / First Circle Build Mart App, or access or use this App/Website.

2. ASSENT & ACCEPTANCE
By using the App/Website, You warrant that You have read and reviewed these Terms & Conditions and that You agree to be bound by it. If you do not agree to be bound by these Terms & Conditions, please leave the App/Website immediately. The Owner only agrees to provide use of this App/Website and Services to You if You assent to these Terms & Conditions. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.

3. ABOUT THE SITE AND ITS APP
The Website is an online store which carries out sale of the following: Construction material and related services. The App provides quicker access to the same through mobile devices. We reserve the right to refuse service to sell the products on the App/Website at our sole discretion to anyone for any reason at any time.

The App/Website does not screen or censor the users who register on and access the App/Website. You assume all risks associated with dealing with other users with whom you come in contact through the App/Website. You agree to use the App/Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.

4. LICENSE TO USE THE APP AND WEBSITE
The Owner may provide You with certain information as result of Your use of the App/Website or Services. Such information may include but is not limited to, documentation, data or information developed by the Owner, and other materials which may assist in Your use of the App/Website or Services (�Owner Materials�). Subject to these Terms & Conditions, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the App/Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon your cessation of use of the App/Website or Services or at the termination of these Terms & Conditions.

You agree not to collect contact information of other Users from the App/Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.

Any unauthorized use by you shall terminate the permission or license granted to you by the App/Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the App/Website.

5. USER OBLIGATIONS
As a user of the App/Website or Services, You may be asked to register with Us. When you do so, You will choose a user identifier, which may be Your email address or another term, as well as password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the App/Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, you agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the App/Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms & Conditions. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

6. PAYMENT & FEES
Should You register for any of the paid Services on this app/website or purchase any product or service on this app/website, you agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (�Fees�) will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase. Payment for any on-going Services is billed automatically until You notify Us that You would like to terminate Your access to the Services.

We reserve the right to refuse service or refuse to sell the products on the App/Website at our sole discretion to anyone for any reason at any time.

7. ACCEPTABLE USE
You agree not to use the App/Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the App/Website or Services in any way that could damage the App, Website, Services or general business of the Owner.

You further agree not to use the App, Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person�s legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To resell (or provide similar services) in an individual capacity or otherwise, any Products or Services obtained through this App/Website;
IV) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
V) To perpetrate any fraud;
VI) To unlawfully gather information about others.

8. COMMUNICATION
You understand that each time using this App/Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the App/Website including e-mail messages or push notifications telling you about products and services offered by the App/Website (or its affiliates or partners) and understanding your requirements. Communication can also be by posting any notices on the App/Website. You agree that the communications sent to You by the App/Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

9. AFFILIATE MARKETING & ADVERTISING
The Owner, through the App, Website and Services, may engage in affiliate marketing whereby the Owner receives a commission on or percentage of the sale of goods or services on or through the Website. The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

10. PRIVACY INFORMATION
Through Your Use of the App, Website and Services, You may provide Us with certain information. By using the App, Website or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.

a) Information We may collect or receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use to access Our App/ Website, or We may receive information from external applications You use to access Our App/ Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our app/website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work hard with third-party providers.

c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner may store some information about You for the future reference.

11. ASSUMPTION OF RISK
The App, Website and Services are provided for communication purposes only. You acknowledge and agree that Your purchase of any of the products on the App, Website is at Your own risk.

12. SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services. The Owner shall accept any liability that arises due to damage to goods during transmit. However, the Owner assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Any orders including orders by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address may be subject to the above. We may restrict the sales of products or Services to any person, geographic region or jurisdiction at our sole discretion as we may decide on a case-by-case basis.

We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we cancel your order, we will contact the e-mail and/or billing address/ phone number provided at the time the order was made.

We take care to accurately display the colours and images of our products but, we cannot guarantee that your computer or phone screen�s display of any colour will be accurate. We also do not provide any warranties that the quality of any products, services, information, or any other material purchased or obtained by you will meet your expectations and standards. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our site without prior notice. Any offer for any product or service made on this site is void where prohibited.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools �as is� and �as available� without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

13. SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. Â We also may request additional information from You prior to confirming a sale and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: Â www.fcbuildmart.com

You agree that to be eligible for the return of a product or service, you should make a claim for reimbursement within 2 hours upon availing the product or service. We will immediately notify You on the status of Your refund after inspecting the product or service. In case of damage, the refund shall be processed only after due verification.

We shall make reimbursements for returns without undue delay, within: