Terms of Service
This document governs the use of the site www.buildwizz.com. This TOS constitute as an Agreement between you (“User/Member) and Buildwizz Pvt. Ltd. having its registered office at Flat No,7, Veedisha Apartment, Survey No,683/410+11+684/2, Nashin, Maharashtra- 400 005("Company/buildwizz.com"). Buildwizz.com and its services are, hereinafter referred as, Buildwizz.com, Buildwizz.com site, Buildwizz.com service(s), service(s) or we. If you are not accepting the Agreement kindly do not use the service or access the site.
This Agreement come into effective from the date when you first start accessing Buildwizz.com site and/or first start registration on Buildwizz.com and the Agreement shall continue until terminated by either party as per the provision contained herein. Buildwizz.com provides advertising services relating to architectural plans and listing of other allied service and products in the area of construction without any specific warranty of any specific result/outcome from the use of the service provided in the site.
Buildwizz.com reserve the right to modify this Agreement from time to time at its own discretion. Any alteration in this Agreement term shall be effective on sending an alert email to that effect to your email address as provided by you from time to time. You are supposed to check the provisions of this Contract regularly to update yourself accordingly. Your use of Buildwizz.com site implies your acceptance of change in this Contract as effected by Buildwizz.com from time to time.
You agree to inform Buildwizz.com your subsequent disability to enter into any Agreement. Subsequent disability shall entitle Buildwizz.com to restrict/change/terminate this agreement at its own discretion with or without any notice to you in this regard.
Buildwizz.com, the India's fast growing online architectural plans service provider. The architectural plans provided are free of cost. The plans are provided without adhering to the local/municipal laws. The Member have to start construction only after getting the plan approved by the relevant local government approval authorities e.g.CIDCO, MMRDA and any municipal corporations etc. as per the applicable laws. The plans provided under this Agreement shall not be considered as an approved plan any loss/claim/damage caused to anyone by relying on the said plan shall be at their own risk and responsibilities. Buildwizz.com disclaim all liabilities arises under the use of the service/products availed
Services for the purpose of this Agreement mean the Services to be provided by Buildwizz.com/Company to the User/ Member of Buildwizz.com and shall inter-alia include the provision of following facilities:
- Free architectural plans and paid expert architectural plans.
- Service to the Users/ Members wishing to post their listing of construction material and allied services and allow the User to take online orders.
- Service to the Users/ Members who wishes to insert advertisements at www.buildwizz.com.
- Service to the Users/ Members who wishes to receive advertisements and promotional messages on and through emails hereinafter, all the above services shall collectively be referred to as “Services” and Service in case of any single service from the above.
- Social Networking for business purpose.
- Arrange/ organise online architectural advertisement invite/ float/submit tender.
- Paid subscription/registration to boost the profiles for more visibility and reach to the targeted audience.
- Listing of advertisement.
- List of various designers and consultant’s profiles and listing of building construction products/materials.
- Buildwizz.com can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to you.
Suspension of Services
If any amount payable by the Member to the Company is not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service /Services provided to the Member.
When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company. Upon subsequent payment by the User/ Member of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, restore the Service(s).
Buildwizz.com may at its sole discretion from time to time offer you variety of features and facilities for the Service(s).
Service Listing Fees and Payments
The applicable rate for the Service(s) provided shall be such as mentioned is available in the "List your Service" page or as may be prescribed by the Company from time to time.
Liability for the service listing fees shall accrue from the date of the member has opted for paid service. The members can take paid membership to get a premium advertisement/listing place for their service/product in the site.
The listing fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments etc. we don’t collect any bank account/ Credit Cards details from your end
The Services will be activated only on realization of the full payment. Listing fee once paid shall not be refundable in any case.
Term & Termination
This Agreement will remain in full force and effect after you first use the Site and/or are a Member of Buildwizz.com. Buildwizz.com reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your membership at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the membership is cancelled or suspended, any data/content you may have stored/submitted to Buildwizz.com may not be retrieved later. You understand that Buildwizz.com may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of Buildwizz.com.
Buildwizz reserves the right in it's sole discretion to review the activity and status of each account & block the account of a member based on such review.
In case of content/data/information submitted by you to Buildwizz.com, for availing the Services provided by Buildwizz.com, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Buildwizz.com reserves its rights to take all necessary action, civil, criminal including cancellation of any or all your registrations with or without any notice to you in this regard without any refund of the fee.
By becoming a Member of the Site / Buildwizz.com, you agree to receive certain specific emails fromBuildwizz.com. you also allow Buildwizz.com to post promotional notification to your social networking site like Facebook, Twitter and LinkedIn profiles details of which you have shared while registering with Buildwizz.com. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from Buildwizz.com and members of Buildwizz.com as long as you are a registered member of Buildwizz.com. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating the Services you have agreed to avail under this Agreement. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Buildwizz.com service, contains the entire agreement between you and Buildwizz.com regarding the use of the Site and/or the Service.
Buildwizz.com reserves the right to screen messages if any that you may send to others through Buildwizz.com site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member.
In order to protect Buildwizz.com and/or our Members from any abuse / misuse, Buildwizz.com reserves the right to restrict the use of Buildwizz.com by you for such period which Buildwizz.com deems appropriate in its sole discretion. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with Buildwizz.com and/or its Members
Buildwizz.com reserves the right to screen the content you may post and also regulated the same by deleting unwarranted/ obscene or any other content at any time at its sole discretion without prior notice to you.
Content posted on the site.
You confirm that the Content, information including the personal information provided by you is correct and accurate.
You also confirm that :
(A) The Content posted by you on the site does not infringe any third party's intellectual property or proprietary rights or rights of publicity or privacy;
(B) The Content posted by you on the site does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority;
(C) Is not defamatory, libelous, pornographic or obscene
(D) The Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to Buildwizz.com by law;
(E) Buildwizz.com may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Buildwizz.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Buildwizz.com has rights to suspend or terminate your account and refuse any and all current or future use of the Buildwizz.com site and its services (or any portion thereof).Buildwizz.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Buildwizz.com Site and the Buildwizz.com Service;
(F) The Site contains the copyrighted material, trademarks, and other proprietary information of Buildwizz.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Buildwizz.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;
(G) All lawful, legal and non-objectionable messages (in the sole discretion of Buildwizz.com), content and/or other information, content or material that you post on the forum boards shall become the property of Buildwizz.com. Buildwizz.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;
(H) You understand and agree that - Buildwizz.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Buildwizz.com violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
(I) You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrapers, EXE's, CGI or any other programs/scripts to view and or collect information or content on or communicate / contact / respond / interact with other Members.
(J) Buildwizz.com reserves the right to verify the authenticity of Content posted on the site. In exercising this right, Buildwizz.com may ask you to provide any documentary or other form of evidence supporting the Content/information you posted on the site. If you fail to produce such evidence within prescribed time, Buildwizz.com may, in its sole discretion, terminate your Membership without any refund and pull out your content from the Buildwizz.com site;
(K) By posting Content to any public area of Buildwizz.com, you hereby grant, and you represent and warrant that you have the right to grant, to Buildwizz.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing;
The following is an indicative list of Content that is illegal or prohibited on the Site. Buildwizz.com may investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions of these Agreement, including without limitation, removing the offending communication from the Buildwizz.com site and terminating the Membership of such violators without a refund. It includes Content that:-
(i) Is blatantly offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) Harasses or advocates harassment of another person;
(iii) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
(iv) Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(v) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(vi) Displays pornographic or sexually explicit material of any kind;
(vii) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (viii) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(ix) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
(x) You must use the Buildwizz.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations;
Intellectual Property Rights
You will not post, distribute, or reproduce in any manner copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Buildwizz.com Service in a way that constitutes copyright infringement, please provide us with the following information
a) A description of the copyrighted work that you claim has been infringed;
b) A description of where the material that you claim is infringing is located on the Site;
c) Your address, telephone number, and email address;
d) A written statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) Where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right;
g) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
h) Buildwizz.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to ________ or to the MUMBAI address located under the Help/Contact section on the site;
You are solely responsible for your interactions with other Buildwizz.com Members. Buildwizz.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Buildwizz.com also reserves the right to take appropriate action against errant members. However, Buildwizz.com is not obliged to share such action with other members, including complainants.
Sealing with advertisers.
Buildwizz.com does not endorse any advertiser or any of its service or products. Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Buildwizz.com service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Buildwizz.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or advertisement on the Buildwizz.com site.
Buildwizz.com will take all possible measures to avoid any misrepresentation, fraud, illegal and unlawful action/inaction by any person using services of Buildwizz.com but does not guarantee for any accuracy, correctness and/or reliability of any such information/content or user of Buildwizz.com. You are bound to be alert and check the accuracy and correctness of any information submitted by any user on Buildwizz.com site. Content/ information provided on this site is only for your reference and should not be treated as an advice or endorsement by Buildwizz.com and before using or putting into any use of any such advise, or draft document you must consult a Legal practitioner.
Your use of the Buildwizz.com service is at your sole risk. Please note that this contract strictly limits our liability and Buildwizz.com does not provide any warranty for the service. The Agreement also limits your remedies.
Buildwizz.com shall not be liable or responsible to verify the authenticity of the content posted by the users/members on the site including but not limited to the property price, plan, location, opinion/suggestions etc and shall be in no way be responsible for any loss/damages caused to the Users/Members. Buildwizz.com only provides a platform/medium for communication between the individual who looks for architectural plan and construction service/material and the service provider who provide such service. Buildwizz.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Buildwizz.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Buildwizz.com service whether online or offline.
Buildwizz.com does not guarantee or confirm the financial capability of any users/members of its services and does not acknowledge any ownership or guarantee for complying with the obligation between the buyer and seller of the said service/products.
Buildwizz.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Buildwizz.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Buildwizz.com service whether online or offline.
Buildwizz.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.
Buildwizz.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to you, users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Buildwizz.com site and/or in connection with the Buildwizz.com service.
Under no circumstances will Buildwizz.com be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content/data posted on the Buildwizz.com site or transmitted to Buildwizz.com members. The exchange of any information/messages through Buildwizz.com should not in any way be construed as any offer and/or recommendation from/by Buildwizz.com.
Buildwizz.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Buildwizz.com. The site and the service are provided "as-is". Buildwizz.com cannot guarantee and does not promise any specific results from use of the site and/or the Buildwizz.com service.
Buildwizz.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Any information downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Buildwizz.com disclaims any liability, whatsoever, arising out of or in connection with the services being offered through Buildwizz.com.
The Member shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the Member.
Buildwizz.com shall not be liable for any disclosure of information concerning the User's account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition Buildwizz.com shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
The Company does not warrant that Buildwizz.com or any of the web sites linked to Buildwizz.com will be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.
Buildwizz.com is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Buildwizz.com screen or/and censor or/and otherwise control the Users of its service. Buildwizz.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Buildwizz.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. Buildwizz.com does not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from.
Limitation on liability
You expressly understand and agree that Buildwizz.com and its subsidiaries, affiliates, officers, employees, agents, partners, promoters, directors and licensors shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Buildwizz.com has been advised of the possibility of such damages), resulting from:
a) The use or the inability to use the service
b) The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Buildwizz.com;
c) Unauthorized access to or alteration of your transmissions or data
d) Statements or conduct of any third party on the Buildwizz.com
e) Any other matter relating to the Buildwizz.com services. - notwithstanding anything to the contrary contained herein, Buildwizz.com 'S liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Buildwizz.com , for the service during the term of membership.
Buildwizz.com (portal owned and operated by Buildwizz.com Private Limited) is an online platform for providing free architectural plans and listing of service/products in connection with construction of houses/building (hereinafter referred to as “Listings”). Buildwizz.com allow its user to post their Listings for sharing the information. Buildwizz.com is displaying the information as uploaded by the users and hence does not in any ways confirm or represent the authenticity of this information and is not representing the compliances with any law.
a) We are a portal which is facilitating the information dissemination on behalf of the users listed on the platform. We are in no way facilitating the sales between the buyer and the seller.
b) While we have certain checks and balances in place but we cannot ensure the accuracy and completeness of the information contained therein
c) Before making a decision to avail the service or by the products from the listing, please ensure to validate this information to your satisfaction.
d) Please make sure you verify all the details independently from the sellers or from the other reliable resource before making any decision in relation of availing the services.
Buildwizz.com shall neither be responsible nor liable for any inaccuracy in the information provided here and therefore the customers are requested to independently validate the information from the respective manufactures/sellers before making their decision for purchase of materials or services. Buildwizz.com, its directors, employees, agents and other representatives shall not be liable for any action taken, cost / expenses / losses incurred, by you, based on the information given on the portal.
Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 24 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the Buildwizz.com you further agree that the laws of India will govern the disputed matter. You agree to the exclusive jurisdiction of the courts of MUMBAI, India
Buildwizz.com may assign this contract to anybody with or without notice to you. You cannot assign this contract to anybody without getting prior written approval/consent of Buildwizz.com. Any such transfer/assignment by you without getting approval of Buildwizz.com shall be void.
You agree to indemnify and hold Buildwizz.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Buildwizz.com Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.
For the purpose of this Agreement and attachments thereto and all renewals, " Confidential Information " means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Service of a party, which may be supplied to or may otherwise come into the possession of the other, whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by Buildwizz.com or by any of its Associates to be confidential, and not generally available to the public.
You shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Buildwizz.com's Associates, if required and upon prior permission in writing from Buildwizz.com. You agree to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each such employee/associate having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by you without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
You shall have access to only you own data and information stored in the database at Buildwizz.com (subject to prior confirmation of identity) and nothing more. You may edit or amend such data and information from time to time.
All confidential information (including name, e-mail address etc.) voluntarily revealed by you, is done at your sole discretion and risk . If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Buildwizz.com and the Company accepts no responsibility or liability whatsoever for such actions.
All copyright and/or know-how and/or any other related intellectual property rights to the Service or Buildwizz.com shall become and remain the sole and exclusive property of the Company and the Member shall have no claims to the same. In the event the Member has contributed any content to Buildwizz.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the Member shall have no right or claim over the same, in any manner whatsoever. In the event that the Member during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the Member.
Any notice required to be given under this or in connection with this Agreement, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by you once it is sent to your email id updated by you from time to time. You can send any notice to Buildwizz.com by registered post address as mentioned in Contact Us section and it shall be deemed as received by Buildwizz.com only after actual receipt of such notice by Buildwizz.com.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the Buildwizz.com. If you notice any abuse or misuse of the Site or anything, which is in violation of this Agreement, you shall forthwith report such violation to Buildwizz.com by writing to customer care.
Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee and any Member making/indulging directly or indirectly in making false complaint against any other registered member/potential member then Buildwizz.com shall be entitled to recover all loss, costs, expenses, damages etc which may be incurred by Buildwizz.com due to action taken on the basis of such false information/complaint.
Acknowledgment and Acceptance of Terms and Conditions
Buildwizz.com is trademark of Buildwizz Private Limited.