Welcome to Builderfly.com
We reserve the right to change this ‘Terms of Service Agreement’ from time to time without notice. You acknowledge and agree that it is your responsibility to review this ‘Terms of Service Agreement’ periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
This Terms of Service Agreement (the “Agreement”) governs Your use of builderfly.com, and any mobile device applications provided by Builderfly (the “Site”) and any services made available to You by Builderfly Pvt. Ltd or Zaptech solutions Pvt. Ltd. (hereinafter, “Builderfly”, “We”, “Us” or “Our”) on or through the Site (the “Services”). For purposes of this Agreement, “You” means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another entity), then “You” means Your company (or such other entity), its officers, members, agents, successors and assigns.
Effective Date: Month, Date, 2019
A. SCOPE OF THE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR THE SERVICES. YOUR USE OF THE SITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES. IF YOU AVAIL ANY SERVICE PROVIDED BY BUILDERFLY THROUGH THE SITE, THEN ACCEPTANCE BY BUILDERFLY IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THIS AGREEMENT.
Builderfly is always looking for ways to improve the Site and the Services and, as a result, may amend this Agreement at any time by posting an amended Agreement on the Site. Any amended Agreement shall automatically be effective on the date that it is initially posted on the Site. By using the Site or the Services, You agree to be bound by the current form of this Agreement. It is Your responsibility to return to this Agreement from time to time to review the most current Agreement. Builderfly does not and will not assume any obligation to notify You of changes to this Agreement. The current Agreement will supersede any prior communications or agreement with respect to the Site or the Services, unless such agreement expressly states that it is not superseded by this Agreement.
B. SERVICES AVAILABLE ON THE SITE
Users of the Site, who simply browse the Site (“Guests”), may be able to view products and information, request information and engage in certain services on the Site. Users of builderfly.com, who enter into a separate Merchant User Agreement with Us (“Merchants”), may be able to
- use Builderfly’s systems and networks to create and customize an online store (“Store”) that permits Merchants to post information about their products and offer such products for sale through the Store;
- receive hosting services from Us, and
- engage in certain other services on or through builderfly.com or through mobile device application provided by Builderfly. The term “Users” refers to both Guests and Merchants.
Except as expressly provided in a separate Merchant User Agreement between You and Builderfly, Builderfly reserves the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or Services, or restrict Your access to part or all of the Site or Services without notice to You or penalty to Us.
C. PROPRIETARY RIGHTS AND LICENSE
The Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials on the Site, the look and feel, design and organization of the Site, and the compilation of the material on the Site (collectively, the “Content”) are/may protected by INDIAN and international copyright, trademark and other laws. Builderfly and its licensors own, solely and exclusively, all rights, title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights in the Site and Content. Your use of the Site and/or the Content does not grant to You any ownership in or to the Content or Site.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Builderfly and its licensors and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Builderfly or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
Builderfly grants You a limited, revocable, non-exclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms and conditions in this Agreement. This license is granted solely to allow You to visit and display the Site and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content. All rights not expressly granted in this Agreement are reserved.
D. GENERAL TERMS FOR ACCOUNT ACTIVATION
- In order to avail our services, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
- You hereby represent and warrant that you are 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the services.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your accounts.
- You acknowledge and agree that you alone are responsible for keeping your password secure. The Company shall not be liable to you under any circumstances for any loss or damage from your failure to maintain the security of your account and password.
- You acknowledge and agree that you alone are responsible for all activity on and content uploaded to your e-commerce store (your “Store”) hosted on the Company’s Platform. With respect to the content on your Store (“Store Content”), this includes, without limitation, data, graphics, photos, and links.
- Any breach or violation by you of any term of this Agreement as determined in the sole discretion of the Company will result in immediate termination of your account and your ability to utilize the Service (the Platform, the App Store, or both).
- You hereby acknowledge that Builderfly will use the email address you provide as the primary method for communication.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- You hereby confirm and acknowledge that, the data provided by you must be legal and authentic. In case of any financial claims or otherwise on you by any third party, in respect of unauthorized/illegal mode for preparing/sourcing the product data, YOU indemnifies and shall continue to indemnify Builderfly against any liability/claims made against Builderlfy due to such illegal data provided by You.
- That any hardware and software required to use the Site or the Services is Your responsibility.
- Users, who create or administer an account on the Site for another person or entity, agree to the following terms and conditions with regard to the account:
- You will abide by all of the terms and conditions provided above with respect to individual accounts.
- You represent that You are properly authorized to represent the person or entity for which You initiate or administer an account.
USAGE OF OPEN COMMUNICATION
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any www.Builderfly.com Or Zaptech Solutions Pvt. Ltd employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Service Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Builderfly reserves the Exclusive rights which includes but not limited to the following :
- To suspend or terminate the account of anyone who violates this Agreement.
- To change or alter the Site, the form, and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time.
- To review, modify, filter, disable, delete and remove any and all content and information from the Site.
- To update and download automatically any software provided on or through the Site.
- To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Builderfly or its customer’s best interests.
- To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Builderfly employees and contractors may also be Builderfly’s customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
You agree that the foregoing are rights of, but not obligations of, Builderfly and that Builderfly may, but is not obligated to exercise any of these rights.
PROHIBITION FOR USER
You may use the Site and the Services only for lawful purposes. You may not transmit post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site or the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services comply with this Agreement and all applicable laws and regulations. Builderfly does not review, edit, censor or take responsibility for any information that You, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
You may not use the Site or the Services to:
- Post content or information that is obscene, hateful, threatening, and defamatory, includes child pornography or creates a risk to anyone’s privacy or safety.
- Promote, do or further any unlawful, misleading, discriminatory or malicious activity.
- Solicit personal information from anyone under 18 years of age.
- Transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information.
- Upload or transmit viruses, worms or other malicious code.
- Violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents, and trade secrets. For instance, You may not use the Site or the Services to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks.
- Violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission.
- Forge or otherwise manipulate headers, tags or identifiers in order to disguise the origin of any message or transmittal that You send or receive on or through the Site or the Services.
- Falsely express or imply that Builderfly sponsors, endorses or is otherwise affiliated with You or Your content.
- Violate any law, statute, ordinance or regulation including intellectual property and privacy laws.
- Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or the Services, the proper working of the Site or the Services, security features of the Site or the Services, or the equipment connected to the Site or the Services.
- Impose an unreasonable or disproportionately large load on the infrastructure of the Site or Builderfly’s systems or networks.
- Restrict or inhibit any other person from using the Site or the Services (including without limitation by hacking or defacing any portion of the Site).
- Create a database by downloading and storing the Content or any part thereof.
- Violate this Agreement or encourage or assist anyone else to violate this Agreement.
You may not do any of the following without Builderfly’s written permission:
- Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Content or the Site for commercial purposes.
- Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
- Access or attempt to access the Site or collect or index information provided to Builderfly using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or the similar means or equivalent manual processes. We grant operators of public search engines permission to use spiders and other automated means to collect and copy Content from the Site solely to the extent necessary to create publicly available searchable indices of such Content, excluding caching or archiving such Content. Builderfly reserves the right to revoke this permission at any time either generally or in specific cases.
- Solicit, trace or otherwise collect any information from Users.
- Frame or use framing techniques to enclose the Site or any part thereof.
- Use any meta tags or any other “hidden text” using any Trademarks of Builderfly.
- Reverse engineer, decompile or otherwise extract source code provided on or through the Site or the Services.
In addition to any remedies that Builderfly may have at law or in equity, if Builderfly reasonably determines that You have violated or are likely to violate the foregoing prohibitions, Builderfly may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. Builderfly may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing Builderfly to disclose the identity of anyone posting such materials.
LINKING TO THE SITE
You may link to the Site as long as you
- link to the full version of an HTML formatted page of the Site;
- not link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website; and
- not link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke Your right to link to the Site from any other website at any time.
To the maximum extent permitted by law, You agree to indemnify and hold harmless Builderfly, its affiliates, members, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to
- Your use of the Site and Services,
- Your submission, posting, transmittal, display, storage, distribution, removal or any other use of any User Information, Content and/or any other materials or content,
- Your violation of this Agreement,
- Your violation of any law or regulation, or violation of any proprietary or privacy right,
- Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or
- Any claim that Your User Information or submission of any other information or content by You caused damage to a third party. This indemnification obligation will survive this Agreement and Your use of the Site and Services. Builderfly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Builderfly’s defense of such claim.
RESPONSIBILITY REGARDING THIRD PARTY WEBSITES
You may be able to link from the Site to third party website and third-party website may link to the Site (“Linked Site”). You acknowledge and agree that Builderfly has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Site, even if they are owned or run by Our affiliates. Links to Linked Site do not constitute an endorsement or sponsorship by Us of such website or the information, content, products, services, advertising, code or other materials presented on or through such website. Builderfly disclaims any liability for links (1) from another website to the Site and (2) to another website from the Site. Builderfly cannot guarantee the standards of any website to which links are provided on the Site and Builderfly will not be held responsible for the contents of such website, or any subsequent links. Builderfly does not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Builderfly is not responsible for any transmission received from any Linked Site. Any reliance on the contents of a third party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance.
DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES, AND THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER BUILDERFLY NOR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR LICENSEES (“RELATED PARTIES”) MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT. NEITHER BUILDERFLY NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE, THE SERVICES OR ANY CONTENT OR THAT THE SITE, THE SERVICES OR ANY CONTENT IS NON-DEFAMATORY, NON-INFRINGING OR OTHERWISE LAWFUL. NEITHER BUILDERFLY NOR ANY RELATED PARTIES WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE SERVICES OR THE CONTENT WILL BE CORRECTED. NEITHER BUILDERFLY NOR ANY RELATED PARTIES GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. THE SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS, “ “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF THE SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to You.
EXCLUSION OF LIABILITY
IN NO EVENT WILL BUILDERFLY OR ANY RELATED PARTY BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO THE SITE, OR THE CONTENT OR SERVICES CONTAINED OR ACCESSED THROUGH SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BUILDERFLY OR A RELATED PARTY IS AWARE OF OR OF ADVISED THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, THE SERVICES OR THE CONTENT.
YOU SPECIFICALLY AGREE THAT BUILDERFLY WILL NOT BE LIABLE FOR ANY USERS’ CONTENT OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ASSUME THE FULL RISK OF HARM OR DAMAGE FROM THE FOREGOING.
Some jurisdictions do not allow the limitation of liability for certain damages so the above limitation of liability may not apply to You.
GOVERNING LAW; EXCLUSIVE JURISDICTION
This Agreement and the relationship between You and Builderfly shall be governed by the laws of the Republic of INDIA, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement or in connection with Your use of the Site will be commenced and be heard only in the appropriate court having jurisdiction over Ahmedabad, Gujarat, INDIA. You hereby consent to the exclusive personal jurisdiction of and venue in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
ENTIRE AGREEMENT AND ASSIGNMENT
This Agreement together with all policies and agreements referenced herein constitutes the entire agreement between Builderfly and You with respect to the Site, the Services and the Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Builderfly with respect to the Site, the Services and the Content, unless an agreement specifically provides that it is not superseded by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
You may not assign this Agreement or any part of this Agreement without the express written consent of Builderfly. You agree that Builderfly may assign this Agreement or any part of this Agreement at any time and for any reason without your consent.