1. Introduction

The terms of use contained hereinafter (“Terms of Use”) shall apply to your (“you”, “your” or “User”) use of the website www.bergerdreamhomes.com and any other linked pages, images, features and content including 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 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 [www.bergerdreamhomes.com/privacy-policy.html] (“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 (which 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 [www.bergerdreamhomes.com/privacy-policy.html].

4. Account and Registration Data

A User may be required to register on the Website by providing the registration details (“Registration Data”) and create an account for ordering any of the Company products and/ or Company services and/or showing interest in the Company’s products or services and/or putting enquiry for availing the Company’s product and/or services. You agree that any information including the Registration Data that you provide for creating the Account on the Website will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with these Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your Account and to refuse to provide you access to the Website. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

Any amendment or rectification of your Registration Data in the Account can be done by accessing the “User Account” section on the Website. You may delete your Account at any time. We may maintain backup of all Registration Data for such time as may be required under applicable laws. You are solely responsible for maintaining the confidentiality of your Account and password and for any activity that occurs in or through your Account. We will not be liable to you or any person for any loss or damage which may arise as a result of any failure by you to protect your password or Account. You should take all necessary steps to ensure that the password for your “User Account” is kept confidential and secure. You will immediately notify the Company of any unauthorised use/ breach of password or the Account at consumerfeedback@bergerindia.com.

5. Representation and warranties

You represent and warrant that you are legally entitled to enter this Website and you agree to these Terms of Use and you are of legal age as per applicable laws in your jurisdiction to enter into an enforceable agreement with us.

You agree to use the services only for purposes that are permitted by (a) these Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Unless you have been specifically permitted to do so in a separate written agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Company products and/ or Company services and/or the services for any purpose. If you reproduce, duplicate, copy, sell, trade or resell the Company products and/ or Company services and/or the services for any purpose, you will solely liable for such act and the Company may take appropriate legal action against you.

6. Company product/service description

We have made every effort to display as accurately as possible the actual characteristics, access and usage conditions of the Company’s products and services and the description of the Company product and services including the colour, characteristics, measurements, size and the price on the Website. We do not warrant that the Company product/service description and other content on the Website is accurate or error-free. The actual character/colour of the Company product/service you view on the Website may vary depending on your monitor/ screen of the device you are using and we cannot guarantee that it will reflect the colour of the Company Product you receive upon delivery or during the usage of the Company product. Accordingly, the packaging of the Company product may also vary from the packaging of the Company product displayed on the Website. The Company does not provide any certification, guarantee or warranty in relation to the Company products, except any standard warranty certificate that may be issued by the Company in relation to certain Company products. It is clarified that for such specific Company products in relation to which the Company issues a standard warranty certificate, the extent of the warranty shall be strictly limited to the terms of the standard warranty certificate and no other implied or express warranties are deemed to be conferred by the Company. The Company shall not be liable or responsible to the User for any indirect or consequential loss or damage. By accessing, browsing and using this Website/s, you agree and acknowledge that you understand this limited and restricted use, and agree that you will not rely on the information and materials contained in this Website for any purposes except as is specifically intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.

7. Price and Orders

The Company cannot confirm the total price of the Company Product or the estimated price of the Company Service until you place an order on the Website. If a Company product and/ or Company service is listed at an incorrect price or with incorrect information due to any technical error, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Company product and/ or Company service, unless the Company product and/ or Company service has already been delivered to you. The Company reserves the right to cancel an order for any Company product and/ or Company service which has been incorrectly priced on the Website due to any inadvertent error, without incurring any liability. In the event that the Company accepts your order and a payment has been made by you subsequent to the order, the same shall be reversed to the Payment Method adopted by you and it will be duly notified to you by email that the payment has been processed.

Prices and availability of the Company Products and Company Services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company.

All Company Products and Company Services are subject to availability. The Company reserves the right to cancel and refund the amount for all or a part of an order which is out of stock, without prior intimation to the User. The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order.

8. Terms and Conditions – Dream Homes Services offered by the Company

i. Berger Paints Dream Homes Services (“DHS”) is a unique service offering from Berger Paints India Limited (“Berger/Company”). It provides a hassle free end to end services of home décor, interior decoration and furnishings needs; “DHS” or “Berger/Company” used herein shall at all times mean Berger Paints India Limited.

ii. DHS offers clients custom designs of their homes and space by experienced and professional interior designers along with the expertise from Berger;

iii. DHS shall endeavor to ensure execution of the work without any hassle;

iv. The payment shall be made directly to the Company/DHS;

v. DHS will have no liability or responsibility towards any work outside the scope of the quotation;

vi. The sourcing of materials that will be used at Client’s site shall be the sole prerogative and responsibility of the DHS to provide. Recommendation of any nature by the Client shall not be entertained and DHS’s decision in this respect shall be final and binding.

vii. DHS shall make reasonable efforts to ensure that the Service Provider provides services in accordance with the approved quality and suitability.

viii. Berger provides warranty against established defects in the quality of the products manufactured by Berger in accordance and subject to the standard warranty certificates issued for the products.

ix. Any warranty on any product shall be subject to the terms of the warranty statement provided by the manufacturers.

x. Any product used or installed at site which is eligible for after sales service shall be subject to the terms and conditions of such after sales service provided by the respective manufacturers. DHS shall not be liable or responsible for any of such after sales service.

xi. The Client will make the site exclusively available for the work. No other carpentry, masonry, civil or fittings of internal and external work should be executed on while the work is carried out. This is essential for seamless, timely and quality service. Any cost escalations or job defects caused due to any disruption will be charged extra. Berger shall not be responsible for any delay attributable to the Client in handing over the site or disruption or delay due to intervention of some other agency engaged by the Client or any other reason which is not attributable to Berger or the service provider on site and delay due to any force majeure event or circumstances which are beyond the reasonable control of Berger or the service provider.

xii. Any variation in or deviation, caused or required by the Client, from the work as specified in the quotation accepted by the Client may result in increased costs, to be borne by the Client, and delayed execution period the DHS and the service provider shall not be responsible for the same.

xiii. During the design stage the Client will be provided with 2 design iterations. Any further iterations as demanded by the Client shall be subject to design charge of Rs. 10,000/- per iteration.

xiv. The Client shall provide secure and proper place for storage of the materials accessible only to the Service Provider and Berger.

xv. It will be the Client’s responsibility to provide adequate water supply and electricity required for carrying out the work, free of cost;

xvi. Factors such as unreasonable delays, changes, unreasonable and arbitrary demands, misbehaviour, non-payment of dues on the part of the Client will lead to termination of this Contract and abandonment of the site. Berger shall not be responsible for any pending work or refund of any amount to the Client, in the event work is suspended or terminated for reasons attributable to the Client. The decision of the DHS in this respect shall be final and binding on the client;

xvii. Procurement of permissions from civil/civic/building authorities or any society or governing body, as required, will be the sole responsibility of the Client. Any payment of fees and/or deposit of funds with such building authorities/society shall be the sole responsibility of the Client. The Client will facilitate access to the site without any unreasonable restriction for the purpose of the work.

xviii. The Company/DHS reserves the right to suspend or terminate work if payment is not received as per the quotation/agreement. In the event of any of the payments being delayed, the committed timeline cannot be guaranteed and neither Berger nor the Service Provider shall be held responsible for any such delay or termination.

xix. The customer understands and agrees that the final billing will be carried out on the basis of the actual work and if the actual work is more than the estimated work then the billing amount will be revised accordingly.

xx. The Client agrees that during joint measurement during and/or after completion of the work, in case there is any increase/addition in the scope of work, the job value will be accordingly modified and enhanced in terms of this Agreement and work orders and the same shall be binding on the Client.

xxi. DHS’s maximum liability shall not exceed 5% of the amount received hereunder. Under no event shall DHS be liable for any indirect, incidental, special, exemplary, punitive or consequential damages and quality issues, whatsoever.

9. Intellectual Property Rights

All intellectual property rights in this Website, the designs, graphics, artistic works, brands, Content, applications, software, underlying source code and all other aspects of this Website belong to us solely and exclusively, unless specifically mentioned otherwise.

(a) Copyright

All Content included on the Website, such as text, graphics, logos, button icons, images, artistic works, graphical user interface of the Website, diagrams, drawings, audio-visual recordings, digital downloads, data compilations, and software including the source and the object code, is the property of the Company or its content suppliers and is protected by the applicable intellectual property laws.

(b) Trademarks

The (i) trademark ‘Berger’ and its logo, (ii) trademark ‘Lewis Berger’ and its logo, and (iii) other trademarks marks and logos on the Website and the Company Products and/ or the Company Services are owned by and/or licensed to the Company.

(c) Intellectual Property Claims

While the Company or its content suppliers strive to ensure all Contents posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when Content is provided by other parties, and/or may include material that infringes on the copyright a third party. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at consumerfeedback@bergerindia.com with your concerns requesting such content to be removed or access to it be blocked and we will try to address your concerns.

No part of this Website including any Content either in whole or in parts, may be reproduced, adapted, distributed, communicated to the public, modified or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.

10. Use limitations

The Website, Contents and the Company products and/ or the Company services available on the Website are intended solely for personal and non-commercial use by the Users. As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You are expressly and emphatically restricted from all of the following:

(a) publishing any Website material or Content in any media;

(b) selling, sublicensing and/or otherwise commercializing any Website material, Content or the Company Product and/ or the Company Services;

(c) publicly performing and/or showing any Website material or Content;

(d) using this Website in any way that is, or may be, cause damage, disruption, overburden or otherwise impair the functioning of the Website;

(e) using this Website in any way that impacts user access to this Website;

(f) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

(g) using this Website to engage in any advertising or marketing, except as authorized by the Company in writing to select third parties;

(h) "deep-linking", "page-scraping", use of "robots", "web-spiders", “web-crawlers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its materials and Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents, Content or information through any means not purposely made available through the Website; and

(i) gain or attempt to gain unauthorized access to the Website or any part thereof, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

11. License to the Contents of the Website

Any content provided on the Website is owned by the Company. Unless otherwise indicated on the Website, all content provided in the Website is the sole property of the Company and any usage of the same must be according to these Terms of Use. Except as provided in these Terms of Use, you agree not to distribute or provide access to any content of the Website without our prior written approval.

Subject to your strict and full compliance with these Terms of Use, the Company, hereby grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to use the content strictly for your private and personal use and non-commercial viewing.

Except for the rights to use granted under these Terms of Use, no other rights are granted to you with respect to the content, either by implication, estoppel, or otherwise.

12. Limitation of Liability

We take no responsibility for any loss or damage suffered as a result of our services or Company Products and/ or the Company services supplied through the Website, except as specifically provided under applicable law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. Any Company product and/ or the Company services you order from our Website is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the Company product and/ or the Company service and being completely acquainted about the Company Product and/ or the Company service , its features, characteristics, usage etc. We are not liable for any kind of damages or losses whatsoever suffered by any User due to the use or purchase of the Company product and/ or the Company service.

All information and related content on this Website are provided on an "as is" basis without warranty of any kind. To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the Website, or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Website, whether or not foreseeable or whether or not the Company has 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 use of, or access to, the Website or the Content. Further, the Company shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the Website by the Company or for any consequences resulting from such actions.

In no event shall the Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) for or in relation to: (a) loss of use, data or profits arising out of or in any way connected with the use or performance of Website; (b) any delay or inability to use the Website; (c) the provision of or failure to provide any information or Company Products or Company Services or Services obtained through the Website; (d) or otherwise relating to the use of the Website or the Company Products/ Company Services/ Services; whether or not all of the above losses, claims or damages are based on contract, tort, negligence, strict liability, even if the Company and/or its affiliates and/or its associates have been advised of the possibility of such losses, claims or damages.

13. Termination (Termination and Permanent Disablement)

We reserve the right to modify, change, alter or discontinue any aspect of the Website including the description of the Company Products and/ or the Company Services at any time. Unless otherwise provided in these Terms of Use, your right to use of the Website/ Account may be terminated/ suspended by the Company without assigning any reasons at any time at the sole discretion of the Company.

You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website.

Upon termination/ suspension, you shall not have the right to use or access the Website/ Account. Upon any termination, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.

14. Governing Law, Settlement of Disputes and Jurisdiction

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The User agrees that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Kolkata, India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

15. Indemnity

You agree to indemnify us and other persons involved in the creation of this Website for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this Website or any acts committed by you in violation of applicable laws, these Terms of Use and the Privacy Policy. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breach of these Terms of Use or the Privacy Policy.

16. Third Party Links and Content

i. The Website may have links to third-party websites or resources, where the said third party may include individuals and entities affiliated with us. You acknowledge and agree that we are not responsible or liable for the accuracy of any content posted on such third-party websites or resources, products, services, and other information available on the third-party website. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, services, and other information available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

ii. You also understand and agree that the Website may have third-party links and these Terms of Use do not apply to other websites that might have their link on our Website. These third-party sites have separate and independent policies of use and therefore, we have no responsibility or liability for the content and activities of these linked sites. Thus, it is recommended and advised that you peruse the respective policies of these third-party sites for more detailed information which will help you become aware of their practices and instructions for use of their Website.

17. Force Majeure

The Company shall be under no liability whatsoever in the event of non-availability of the Company product/services or the account or any portion of the Website occasioned by a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, medical emergency, pandemic, public health emergency, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

18. Entire Agreement

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and the Company with respect to the Website/ services and it supersedes all prior communications and proposals, whether electronic, oral or written.

19. Severability

If any of the provisions of these Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of these Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.

20. No waiver for breaches

Any failure by the Company to enforce these Terms of Use, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

21. Complaints and Grievance Redressal

Any complaints or concerns with regards to content of this Website, the Company Products, the Company Services or Services or comment or breach of these Terms of Use or any intellectual property of any User shall be immediately informed to the designated Grievance Officer as mentioned below.

22. Contact information and customer care

For any queries on the use of the Services, or regarding our Company Products and/or the Company Services please get in touch by filling in the form on the “Contact Us” page or alternatively email us at consumerfeedback@bergerindia.com or call us on 1800-120-6090 or fax us on +91 33 2249 9009 / 9729 on Monday to Friday between 9am to 5.30pm.