- 1.1www.Buildzar.com ("Website") is an Internet based portal owned and operated by Glow Homes Technologies Private Limited, a company incorporated under the laws of India, with its registered office at 15-D, Atmaram House, 1 Tolstoy Marg, New Delhi – 110001 having Corporate Identification Number (CIN) U74999DL2015PTC278485. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Buildzar at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
In the course of registering for and availing various services we provide from time to time through our website www.buildzar.com you may be required to give your details like name, email, contact number (Please input the details to be filled by customer). The details shred by you will be treated as being non-confidential and non-proprietary and further, requirements posted by you shall be shared with our sellers and you shall be deemed to have given consent for the same. Further, the sellers who are listed with us may call you based on the query or enquiry that you make with us.
You acknowledge that you are disclosing Information (including personal information) and requirement voluntarily. Prior to the completion of any registration process on our website or prior to availing of any services offered on our website if you wish not to disclose any Personal information and / or requirement you may refrain from doing so; however if you don’t provide information that is requested it is possible that the registration process would be incomplete and / or you would not be able to use our services.”
- 1.4Buildzar agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Buildzar shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.
- 2.1The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Buildzar's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")
3Eligibility to Use
- 3.1The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Buildzar system by Buildzar for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Buildzar through Your legal guardian in accordance with the applicable laws.
- 3.2Buildzar reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- 3.3You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4User Account, Password, and Security
- 4.2The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Buildzar of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Buildzar cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Buildzar or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- 4.3The Website also allows restricted access to the Services for unregistered Users.
- 4.4You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- 4.5If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Buildzar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Buildzar has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
- 5.1Buildzar strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
- 5.2You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. 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. Buildzar expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
- 5.3Buildzar shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by Buildzar with our acquiring bank from time to time.
- 6.3You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
- 6.4You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Buildzar. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- 6.5You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Buildzar disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
- 6.6If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- 6.8You agree and acknowledge that Buildzar is not the seller of the products and the services and Buildzar shall in no manner be deemed to be the seller of the products or services on this Website. Buildzar is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
- 6.9You agree that Buildzar may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
7Use of Materials
- 7.2The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Buildzar.
- 7.4Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
- 8.1You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
- 8.2You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
- 8.3You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
- 8.4Buildzar shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the pre-set limit mutually agreed by Buildzar with our acquiring bank from time to time
9Intellectual Property Rights
- 9.1The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Buildzar and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- 9.1The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Buildzar or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Buildzar, the vendor or the third party that may own the Marks.
- 9.3Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Glow Homes owns all intellectual property rights to and into the trademark "Buildzar ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- 9.4Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Buildzar or thirty party owner of such Content.
10Third Party Content
- The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Buildzar. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Buildzar does not provide any guarantee with respect to any the Third Party Content and Buildzar shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
11Disclaimer Of Warranties & Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- 11.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDZAR WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BUILDZAR ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
- 11.3BUILDZAR WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. BUILDZAR HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT BUILDZAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. BUILDZAR SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, BUILDZAR SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND BUILDZAR 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. BUILDZAR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. BUILDZAR ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
- 11.4BUILDZAR SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12Indemnification and Limitation of Liability
- 12.3In no event shall Buildzar, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Buildzar has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
- 12.4The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- 13.2You agree that Buildzar may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
- 14.3Buildzar may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
- 14.4You agree that all terminations shall be made in Buildzar's sole discretion and that Buildzar shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- 14.6If You or Buildzar terminates Your use of the Website, Buildzar may delete any content or other materials relating to Your use of the Website and Buildzar will have no liability to You or any third party for doing so.
- 18.1You hereby expressly agree to receive communications by way of SMS, e-mails from Buildzar relating to Services provided through the Website.
- 18.2A User can unsubscribe/ opt-out from receiving communications from Buildzar through SMS and e-mail anytime by: Visiting http://www.Buildzar.com/smsunsubscribe to unsubscribe from messages/ SMS; and Newsletters sent daily at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
20Feedback and Information
- Any feedback You provide to this Website shall be deemed to be non-confidential. Buildzar shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Buildzar is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Buildzar may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Buildzar for the feedback under any circumstances.
21Buildzar Reward Points
- 21.1BZ Reward Points will be associated to the user’s email id.
- 21.2BZ Reward Points cannot be transferred from one account to another.
- 21.3BZ Reward Points can only be used to buy products/deals from Buildzar.com
- 21.4BZ Reward Points cannot be redeemed for cash.
- 21.5BZ Reward Points can be credited only by activities but not limited to such as Gift Voucher, Order Refunds.
- 21.6The expiration of the BZ Reward Points will depend on the activity it is being credited against.
- 21.7Buildzar reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
- 21.8As a guest user customers will not be eligible for using BZ Reward Points.
- 21.9Buildzar reserves the right to extend or terminate the validity of BZ Reward Points associated to any activity.
- 21.10.static h1omer after the termination/expiration date of the BZ Reward Points .
- 21.11Buildzar reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the BZ Reward Points feature with any other feature, whether similar to this or not, or to withdraw it altogether.
- 21.12The use of the BZ Reward Points by the customer for redemption will be deemed to the acceptance of these Terms and Conditions in addition to the rest of the terms and conditions and that the customers understand and agree to be unconditionally bound by the same.
22Buildzar Invoicing Terms
- 22.1 For all TDS deductions, Form 16A should be mailed to email@example.com.
- 22.2 We fall in Category of Commission and Brokerage Services under section 194H of Income Tax Act 1961.
- 22.3 Service Tax and other applicable cess and taxes are levied as per existing government policy
- 22.4The Complete Temrs & Conditions (TnC) in relation to the product/service offered & accepted by the customer, and in relation Tnc on portal usage are available on the website (portal) for which service have been subscribed.
- 22.5 The payment release against the invoice deems confirmation & acceptance to all the terms & conditions,as amended from time to time.
- 22.6 The usage of the portal and its associated services consitute a binding agreement with Glow Homes Technologies Pvt. Ltd. and customer agrees to abide by the same.
- 22.7 Engaging in any conduct prohibited by law or usage of service an any manner so as to impair the interest and functioning of Glow Homes Technologies Pvt Ltd. or its user may result in withdrawal of service.
- 22.8 This service is neither resaleable nor transferable by the subscriber to any other person, corporate body,firm or individual.
- 22.9 Refund, if any, shall be admissible at the sole discretion of Glow Homes Technologies Pvt. Ltd..
- 22.10 Law of India as applicable shall govern. Courts in Delhi will have exclusive Jurisdiction in case of any dispute..
- 22.11 if your cheques is return dishonoured or in case of a charge back on an online transaction (Including credit card payment), services will be immediately deactivated. in case of cheques dishonoured. the reactivation would be done only on payment of an additional Rs. 500 per instance of dishonour.
- 22.12 Interest @ 18% per annum will be charged for all delayed payments.
- 22.13 The content on the portal is the property of Glow Homes Technologies Pvt Ltd or its content suppliers or customers. Glow Homes Technologies Pvt Ltd further reserves its right to post the data on the portal or on such other affiliated sites and publications as Glow Homes Technologies Pvt Ltd. may deem fit and proper at no extra cost to the subscribers/user.
- 22.14 Glow Homes Technologies Pvt Ltd. reserves its right to reject any insertion or information/data provided by the subscribers withought assigning any reason either before uploading or after uploading the details. but in such an eventuality, any amount so paid for, shall be refunded to the subscribers on a pro-rata basis at the sole discretion of Glow Homes Technologies Pvt Ltd.
- 22.15 User/ subscriber shall on demand certify that the classifieds advertised on the website are genuine and pertain to existing requrement.
- 22.16 Glow Homes Technologies Pvt Ltd. does not guarantee (i) the quality or quanitity of response to any of its services (ii) server uptime or applications working properly. all is on a best effort basis and liability is limited to refund of amount paid on pro rated basis only.Glow Homes Technologies Pvt Ltd. undertakes no liability for free services.