Privacy policy

We (HOVERCRAFT CONSTRUCTION TRADE PVT LTD, alias “Buildbuy”) are fully committed to respecting your privacy and shall ensure that your personal information is safe with us. This privacy policy sets out the information practices of www.buildbuy.in (“Website”) including the type of information is collected, how the information is collected, how the information is used and with whom it is shared. Reference to “you” in this Privacy Policy refers to the users of this Website whether or not you access the services available on the Website or consummate a transaction on the Website.

By using or accessing this Website, you agree to the terms and conditions of this Privacy Policy. You also expressly consent to our use and disclosure of your Personal Information (as defined below) in any manner as described in this Privacy Policy and further signify your agreement to this Privacy Policy and the Terms of Use (being incorporated by reference herein). If you do not agree with the terms and conditions of this Privacy Policy, please do not proceed further or use or access this Website.

Definitions

Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action or any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.

Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number and email address disclosed by you in relation to the services available on the Website.

Sensitive personal data or information” consists of information relating to the following:

passwords;

financial information such as bank account or credit card or debit card or other payment instrument details ;

any detail relating to the above clauses as provided to body corporate for providing service; and

any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:

Third Party” refers to any person or entity other than you or us.

Personal Information that may be collected and manner of its use

Personal Information provided by you in relation to the use of the Website: In order for us to sucessfully deliver your order to you, we collect your Personal Information as may be required for the purposes connected thereto when you place an order on the Website.

We may be required to disclose such Personal Information to the Third Parties solely in connection with purchase, sale and delivery of your order in accordance with the terms and conditions stipulated by such Third Party.

We use the details provided by you during check out to ensure that orders have are successfully delivered on time, and to keep you informed on the status of your order.

Personal Information provided by you in relation to the registration process: In order to provide you a safe, efficient, smooth and customized experience and in order to take advantage of certain features available on the Website including, but not limited to, public forums, accessing or uploading reviews or taking part in surveys, you will be asked to complete an online registration form which will provide us with Personal Information. In the event you register with us, you will also be asked to choose a user identity and password in order to identify yourself during future uses of the Website.

You can also register to join by logging into online accounts you may have with Third Party service providers (“SNS”)(e.g. Facebook); each such account, a “Third Party Account“, via our Website as described below. As part of the functionality of the Website, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Website; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Website, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize us to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your account and profile page and you will become a member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your account on the Website. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.

We also collect the information that is not Personal Information you provide as part of registration and the administration and personalization of your account profile.

While we recommend that you register yourself with us to maximize your experience on the Website, this is feature is optional and you may opt out of registering on the Website and continue to use the Website as a guest. However, if you choose to by on the Website, you will have to provide certain Personal Information that is necessary for us to process and complete delivery.

Cookies: Cookies are small pieces of information saved by your browser. Cookies are used to record various aspects of your visit and assist us to provide you with uninterrupted service. Cookies may be set in your browser by us when you access the Website or may be set in when you visit Third Party websites.

This anonymous information is maintained distinctly and is not linked to the Personal Information that you submit to us. We use cookies collected to:

Authenticate your login information;

Enable our security features;

Show you advertising; and

Improve and develop the features of the Website.

Please feel free to change your browser settings if you do not wish to accept cookies. However, please note that changing your browser setting may affect your experience on the Website

Collection of Sensitive personal data or information: We do not collect, store or process Sensitive personal data or information as part of our services on our Website.

Others: In addition to the cookies, we may also collect information to enable us to better understand you so that we can improve your user experience; to assist our customer service and technical support personnel; and put processes in place to prevent fraud and unlawful use. In an effort to make the Website affective and improve the Website, certain information may be collected each time you access the Website. Such information may be saved in server logs in an encrypted form which may not identify you personally. Such information or data may include, but shall not limit to, IP address, your server details, duration of your visit, date, time or purpose of your visit. In addition to cookies we use web beacons, ad tags, pixels to advertise as part of the Website. The abovementioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates to enhance and grow the user experience in relation to the Website.

Other uses of the information provided: We make all efforts to ensure that we collect only such Personal Information that we believe to be relevant in order to record, support, facilitate your access to the Website.

Sharing information with Third Party service providers in relation to the Webiste: To the extent necessary to provide you the Website, we may provide your Personal Information to Third Party contractors who work on behalf of or with us to provide you with such services, to help us communicate with you or to maintain the Website.

Communication: We may offer email, app notifications, short message service (sms), multimedia message service (mms) or other forms of communication to share information with you about certain promotions or features the Website may choose to offer or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You may receive such communication when you have registered as a user.

Legal proceedings: In the event we are required to respond to subpoenas, court orders or other legal process, your Personal Information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.



Link to Third Party apps and websites

The Website and any communication sent to you may also contain/display Third Party advertisements and links to other websites or products and services. You agree and acknowledge that these apps and websites are operated by Third Parties and are not controlled by, or affiliated to, or associated with us unless expressly specified. We are not responsible for any form of transmission, whatsoever, received by you from any such Third Party. Accordingly, we do not make any representations concerning the privacy practices or policies of such Third Parties or terms of use of such websites or apps, nor do we control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites or apps. The inclusion or exclusion does not imply any endorsement by us of the website, the Third Party, or the information on the website. The information provided by you to such Third Party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that you review the privacy policy on any such websites and apps prior to using such websites.

These Third Party websites and apps and advertisers may use technology to send the advertisements directly to your browser. In such cases, the Third Party websites or advertisers automatically receive your IP address. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. We do not have access to or control over cookies or other features that such Third Party websites and apps and advertisers may use, and the information practices of these Third Party websites and apps and advertisers are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices.



Security

We strive to ensure the security, integrity and privacy of your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction.

We are not responsible for any breach of security or for any actions of any Third Parties that receive your Personal Information. The Services also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.

Notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.




TERMS OF USE(B2C Buyer)

1. These terms of use (the “Terms of Use”) govern your use of our website www.BUILDBUY.in (the “Website”) and our “BUILDBUY” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Services”). Please read these Terms of Use carefully before you download, install or use the Services. If you do not agree to these Terms of Use, you may not install, download or use the Services. By installing, downloading or using the Services, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

2. The Services is operated and owned by HOVERCRAFT CONSTRUCTION TRADE PRIVATE LIMITED (hereinafter referred to as “BUILDBUY”, “we”, “us” or “our”), a company registered in Bangalore, Karnataka.

3. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.

4. How the Services and Service works

4.1 We are a delivery service provider providing you an online platform to (a) order construction material online from the list of suppliers and manufacturers available on the Services (“Vendors”); (b) pre- pay or post pay for your construction material order by banking channels at the convenience of buyer and supplier/manufacturer through Advance cheque, Bank guarantee, NEFT, Cash or any other convenient.

4.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.

4.3 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for upfront cash online orders. Any other service provided by us just a value addition and we don’t bear any responsibility for deviation in quality of material and delivery time by the supplier

5 Account Registration or use of the Services

5.1 You may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“BUILDBUY Account”) and become a member (“Member”);

5.2 We reserve the right to suspend or terminate your BUILDBUY Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

5.3 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BUILDBUY Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your BUILDBUY Account.

5.4 Goods and services purchased from the Services are intended for your person use and you represent that the same are not for resale or you are not acting as an agent for other parties.

6 Bookings and Financial Terms

6.1 The Services allows you to make Construction material order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.

6.2 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.

6.3 As a general rule, all Construction material orders made are treated as confirmed.

6.4 However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

6.5 In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.

6.6 You can pre pay by credit card or debit card or net banking at the time of booking an order or provide an option of post sale payment like paying some advance and paying the rest after a certain period of time or giving post dated cheques or giving bank guarantees.

6.7 You acknowledge and agree that we act as the Vendor’s payment agent for the limited purpose of accepting payments from you on behalf of the Vendor if you are paying through credit card or debit card or net banking. Upon your payment of amounts to us, which are due to the Vendor, your payment obligation to the Vendor for such amounts is completed, and we are responsible for remitting such amounts, to the Vendor if you are paying through debit card or credit card or net banking. In case of any post sale payment method you shall make payment directly to the Vendor and inform us regarding the payment through an email attached with payment receipt.

6.8 You agree to pay us for the total amount for any booking made. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Vendor or by the quote which will be communicated to you by the means of mail. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

6.9 In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for any confirmed bookings in accordance with these Terms by one of the methods described on the Services– e.g. by a credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. If you are directed to our third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

7. Cancellations and Refunds

7.1 Cancellation

(a) Cancellation of orders before the production starts (in case of RMC) and before dispatch of materials, you shall be entitled to pay the bank charges against the order (which is approximately 2% of the order value). Once the Production start or the materials dispatched the material is considered to be sold.

(b) However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability and reschedule the delivery to the convenient date and time for both the parties. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.

(c) We reserve the sole right to cancel your order in the following circumstance:

(i) In the event of the designated address following outside the delivery zone offered by us;

(ii) Failure to contact you by phone or email at the time of confirming the order booking;

(iii) Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

(iv) Unavailability of all the items ordered by you at the time of booking the order; or

(v) Failure due to reasons beyond our control or attributable to the Vendor.

7.2 Refunds

(a) You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Services and only in the event of any of the following circumstances:

(i) us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

(ii) You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

(b) Our decision on refunds shall be at our sole discretion and shall be final and binding.

(c) All refund amounts shall be credited to your account within 7 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.

7.3 In case of payment at the time of delivery, you will not be required to pay for:

(a)wrong order being delivered; or

(c) items missing from your order at the time of delivery.

8. Terms of service

8.1 You agree and acknowledge that we shall not be responsible for:

(a) The services or goods provided by the Vendor including, but not limited, delivering of Construction material orders suiting your requirements and needs;

(b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm, damage and after effects to you and your construction.

(c) The availability or unavailability of certain items on the material list; or

(d) The Vendor serving the incorrect orders.

8.2 The details of the material list and price list available on the Services are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.

8.3 You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking. 
8.4 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.

8.5 You order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.

8.6 You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.

8.7 You understand that our liability ends once your order has been delivered to you.

8.8 Services provided:

(a) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.

(b) Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.

(c) You agree and acknowledge that neither we nor the Vendor shall be liable in the event of you failing to adhere to the Terms of Use.

(d) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

8.9 We do not offer any refunds against goods already purchased from the Services unless an error that is directly attributable to us has occurred during the purchase of such product or services.

8.10 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

8.11 If you use the Services, you do the same at your own risk.

8.12 You agree that the Services shall be provided by us only during the working hours of the relevant Vendors.

9. No Endorsement

9.1 We do not endorse any Vendor. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

9.2 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.



10. General terms of use

10.1 Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy, you shall immediately discontinue its use.

10.2 If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

10.3 As we are providing services in the city of Bangalore, we have complied with applicable laws of India in making the Services and its content available to you. In the event the Services is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Bangalore. If you choose to access or use the Services from or in locations outside Bangalore, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

10.4 You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.

10.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

10.6 You agree to receive promotional SMS’s from BUILDBUY or allied partners. In case you wish to opt out of receiving promotional SMS’s please send a mail to support@BUILDBUY.in.

10.7 By using the Services you represent and warrant that:

(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information. 
(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data. 
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them. 
(iv) All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@BUILDBUY.in.

(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. 
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services. 
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. 
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:

(a) any part of the Services or the Services software; or

(b) any equipment or any network on which the Services is stored or any equipment of any Third Party .





11. Access to the Services, Accuracy and security

11.1 We endeavour to make the Services available to during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

11.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.

11.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.

11.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.

12. Relationship with operators if the Services is accessed on mobile devices

12.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

12.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.

12.3 You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Use.

12.4 The license granted to you for the Services is limited to a non-transferable license to use the Services on a mobile device that you own or control and as permitted by these Terms of Use.

12.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

12.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

12.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

12.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).

12.9 You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third Party beneficiary thereof.]

13. Disclaimers

13.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

13.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

13.3 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

13.4 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.

13.5 WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

13.6 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

13.7 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

13.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Intellectual property

14.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

14.2 You may print off one copy, and may download extracts, of any page(s) from the Services or our website for your personal reference and you may draw the attention of others within your organisation to material available on the Services.

14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

14.4 You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.

14.5 If you print off, copy or download any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15. Treatment of information provided by you

15.1 We process information about you in accordance with our Privacy Policy.

15.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us on the Services for the purpose of use on the Services or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

16. Third Party Content

16.1 We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

16.2 You acknowledge that when you access a link that leaves the Services, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.

17. Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

18. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

19. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.






TERMS OF USE(B2B Buyer)

1. These terms of use (the “Terms of Use”) govern your use of our website www.BUILDBUY.in (the “Website”) and our “BUILDBUY” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Services”). Please read these Terms of Use carefully before you download, install or use the Services. If you do not agree to these Terms of Use, you may not install, download or use the Services. By installing, downloading or using the Services, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

2. The Services is operated and owned by HOVERCRAFT CONSTRUCTION TRADE PRIVATE LIMITED (hereinafter referred to as “BUILDBUY”, “we”, “us” or “our”), a company registered in Bangalore, Karnataka.

3. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.

4. How the Services and Service works

4.1 We are a delivery service provider providing you an online platform to (a) order construction material online from the list of suppliers and manufacturers available on the Services (“Vendors”); (b) pre- pay or post pay for your construction material order by banking channels at the convenience of buyer and supplier/manufacturer through Advance cheque, Bank guarantee, NEFT, Cash or any other convenient.

4.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.

4.3 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for upfront cash online orders. Any other service provided by us just a value addition and we don’t bear any responsibility for deviation in quality of material and delivery time by the supplier

5 Account Registration or use of the Services

5.1 You may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“BUILDBUY Account”) and become a member (“Member”);

5.2 We reserve the right to suspend or terminate your BUILDBUY Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

5.3 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BUILDBUY Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your BUILDBUY Account.

5.4 Goods and services purchased from the Services are intended for your person use and you represent that the same are not for resale or you are not acting as an agent for other parties.

6 Bookings and Financial Terms

6.1 The Services allows you to make Construction material order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.

6.2 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.

6.3 As a general rule, all Construction material orders made are treated as confirmed.

6.4 However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

6.5 In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.

6.6 You can pay by credit card or debit card or net banking at the time of booking an order

6.7 You acknowledge and agree that we act as the Vendor’s payment agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of amounts to us, which are due to the Vendor, your payment obligation to the Vendor for such amounts is completed, and we are responsible for remitting such amounts, to the Vendor. You shall not, under any circumstances whatsoever, make any payment directly to the Vendor.

6.8 You agree to pay us for the total amount for any booking made. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Vendor. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

6.9 In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for any confirmed bookings in accordance with these Terms by one of the methods described on the Services– e.g. by a credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. If you are directed to our third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.



7. Cancellations and Refunds

7.1 Cancellation

(a) As a general rule you can cancel the order only 4 hours before the order. Cancellation of orders after 4 hours and before the production starts, you shall be entitled to pay the bank charges against the order (which is approximately 2% of the order value). Once the Production start, the material is considered to be sold.

(b) However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability and reschedule the delivery to the convenient date and time for both the parties. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.

(c) We reserve the sole right to cancel your order in the following circumstance:

(i) in the event of the designated address following outside the delivery zone offered by us;

(ii) failure to contact you by phone or email at the time of confirming the order booking;

(iii) failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

(iv) unavailability of all the items ordered by you at the time of booking the order; or

(v) failure due to reasons beyond our control or attributable to the Vendor.

7.2 Refunds

(a) You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Services and only in the event of any of the following circumstances:

(i) us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

(ii) You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

(b) Our decision on refunds shall be at our sole discretion and shall be final and binding.

(c) All refund amounts shall be credited to your account within 7 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.

7.3 In case of payment at the time of delivery, you will not be required to pay for:

(a) wrong order being delivered; or

(c) items missing from your order at the time of delivery.

8. Terms of service

8.1 You agree and acknowledge that we shall not be responsible for:

(a) The services or goods provided by the Vendor including, but not limited, delivering of Construction material orders suiting your requirements and needs;

(b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm, damage and after effects to you and your construction.

(c) The availability or unavailability of certain items on the material list; or

(d) The Vendor serving the incorrect orders.

8.2 The details of the material list and price list available on the Services are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.

8.3 You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking. 
8.4 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.

8.5 You order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.

8.6 You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.

8.7 You understand that our liability ends once your order has been delivered to you.

8.8 Services provided:

(a) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.

(b) Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.

(c) You agree and acknowledge that neither we nor the Vendor shall be liable in the event of you failing to adhere to the Terms of Use.

(d) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

8.9 We do not offer any refunds against goods already purchased from the Services unless an error that is directly attributable to us has occurred during the purchase of such product or services.

8.10 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

8.11 If you use the Services, you do the same at your own risk.

8.12 You agree that the Services shall be provided by us only during the working hours of the relevant Vendors.

9. No Endorsement

9.1 We do not endorse any Vendor. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

9.2 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

10. General terms of use

10.1 Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy, you shall immediately discontinue its use.

10.2 If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

10.3 As we are providing services in the city of Bangalore, we have complied with applicable laws of India in making the Services and its content available to you. In the event the Services is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Bangalore. If you choose to access or use the Services from or in locations outside Bangalore, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

10.4 You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.

10.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

10.6 You agree to receive promotional SMS’s from BUILDBUY or allied partners. In case you wish to opt out of receiving promotional SMS’s please send a mail to support@BUILDBUY.in.

10.7 By using the Services you represent and warrant that:

(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information. 
(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data. 
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them. 
(iv) All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@BUILDBUY.in.

(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. 
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services. 
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. 
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:

(a) any part of the Services or the Services software; or

(b) any equipment or any network on which the Services is stored or any equipment of any Third Party .

11. Access to the Services, Accuracy and security

11.1 We endeavour to make the Services available to during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

11.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.

11.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.

11.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.

12. Relationship with operators if the Services is accessed on mobile devices

12.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

12.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.

12.3 You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Use.

12.4 The license granted to you for the Services is limited to a non-transferable license to use the Services on a mobile device that you own or control and as permitted by these Terms of Use.

12.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

12.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

12.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

12.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).

12.9 You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third Party beneficiary thereof.]

13. Disclaimers

13.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

13.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

13.3 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

13.4 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.

13.5 WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

13.6 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

13.7 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

13.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Intellectual property

14.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

14.2 You may print off one copy, and may download extracts, of any page(s) from the Services or our website for your personal reference and you may draw the attention of others within your organisation to material available on the Services.

14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

14.4 You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.

14.5 If you print off, copy or download any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15. Treatment of information provided by you

15.1 We process information about you in accordance with our Privacy Policy.

15.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us on the Services for the purpose of use on the Services or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

16. Third Party Content

16.1 We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

16.2 You acknowledge that when you access a link that leaves the Services, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.

17. Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

18. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

19. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.