Last updated on 30th September 2020
1. Introduction
The terms and conditions contained hereinafter (“Terms of Use”) shall apply to your (“you”, your” or “User”) use of the website shop.bergerpaints.com and any other linked pages, images, features and content including any mobile phone application 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 "Website").
By accessing the Website and/or using any of the Services and/ or purchase of the Company Products or the Company Services through the Website, you acknowledge to have read, understood and you consent to being governed and bound by these Terms of Use and the Privacy Policy [https://shop.bergerpaints.com/page/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 Website.
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 Website usage practices of the Company. Any such changes will be effective immediately. By continuing to use this Website 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 [https://shop.bergerpaints.com/page/privacy-policy].
4. Definitions
“Account” shall mean a profile created by a User on the Website;
“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 and water resistant products and coatings, hand sanitizers, disinfectants, home hygiene chemical products and all tools, consumables, accessories and ancillaries that is available for preview and purchase on this Website (with the option of customization available to the User) by the Company;
“Company Services” shall mean the “Berger Express Painting” services provided by the Company through an Express Painting Customer Executive, including the following:
- Site measurement – includes measurement of paintable area using laser distance meter technology;
- Product consultancy – includes suggestion on Company Products and the painting systems to be used;
- Site health inspection – includes scientific evaluation of walls using moisture meter to measure the dampness level of the wall, and based on the dampness/ moisture content, suggestion on the right Company