User's Terms and Conditions

These Terms govern your access to and use of the services provided on or through the website https://www.thebuilderbuddy.in/ (the "Platform"), which facilitates the connection between clients and contractors for various SKUs offered on or via the Platform (collectively, the "Services"). These Terms also incorporate our Privacy Policy, accessible at https://www.thebuilderbuddy.in/privacy (the "Privacy Policy"), along with any additional terms, policies, guidelines, or disclaimers issued by Builder Buddy periodically (collectively, "Supplementary Terms"). The Privacy Policy and Supplementary Terms form an integral part of these Terms. In the event of any conflict between these Terms and the Supplementary Terms concerning specific Services, the Supplementary Terms shall prevail.

These Terms constitute a legally binding agreement between BUILDERBUDDY BUILTECH SOLUTION PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, with its registered office at B-5/285, Ground Floor, Yamuna Vihar, North East Delhi, Delhi-110053, including its affiliates ("Builder Buddy", "BB," "we," "us," or "our"), and you, the user of the Services, or any legal entity booking Professional Services (as defined below) on behalf of end-users ("you" or the "Customer"). By accessing or using the Services, you represent that you possess the legal authority and capacity to enter into and be bound by these Terms. If you are acting on behalf of another person or entity, you represent and warrant that you have the necessary authority to bind such person or entity to these Terms.

By utilizing the Services, you acknowledge that you have read, comprehended, and agreed to be bound by these Terms, including any modifications that may be made periodically. Furthermore, you agree to comply with all obligations and conditions set forth herein. These Terms supersede any prior written agreements between you and us regarding the subject matter. If you do not agree to these Terms or are unable to comply with any of the provisions herein, you are advised to refrain from using the Services.

1. SERVICES

a. The Services provided by Builder Buddy consist of offering a Platform that enables you to arrange and schedule various home-based services with independent third-party contractors ("Service Providers"). Builder Buddy facilitates the payment process by collecting payments on behalf of these Service Providers and remitting the same to them.

b. The services performed by the Service Providers are referred to as "Professional Services." It is expressly clarified that the term "Services" as used herein does not include these Professional Services. Builder Buddy does not perform or deliver the Professional Services and bears no responsibility for their execution. The Service Providers are solely liable for the Professional Services they offer or provide through the Platform. Builder Buddy and its affiliates do not employ the Service Providers, nor are the Service Providers agents, contractors, or partners of Builder Buddy or its affiliates. Service Providers have no authority to bind or act on behalf of Builder Buddy.

c. The Platform is made available for your personal and non-commercial use, unless otherwise stipulated in a separate written agreement. Furthermore, the Platform is intended for use exclusively within the territory of India. If you access the Services or Professional Services from a jurisdiction outside India, you agree to comply with any local terms and conditions applicable to that jurisdiction, as specified by Builder Buddy.

d. The Services are offered under various brands owned or licensed to Builder Buddy and its affiliates.

e. An essential aspect of the Services includes Builder Buddy sending you communications via text messages, emails, or WhatsApp messages related to your bookings, use of the Services, or as part of promotional and marketing efforts. You may opt out of receiving these communications by contacting Builder Buddy at privacy@thebuilderbuddy.in or through settings available within the Platform. However, you acknowledge that opting out may impact Builder Buddy’s ability to deliver certain aspects of the Services to you.

f. In certain circumstances, you may be required to provide proof of identification to access the Services or Professional Services. You agree to comply with such identification requests. Failure to provide the necessary documentation may result in the suspension or denial of access to the Services or Professional Services.

2. ACCOUNT CREATION

a. To access and utilize the Services, you may have to create an account on the Platform ("Account"). The account creation process may require you to provide certain personal information, including but not limited to your phone number. You must be at least 18 years of age to create an Account.

b. You represent and warrant that all information provided by you in connection with your Account is accurate, truthful, and current. You further agree to promptly update any changes or modifications to your Account information to ensure its continued accuracy.

c. You are solely responsible for maintaining the security and confidentiality of your Account credentials. You agree to immediately notify us of any unauthorized access to or use of your Account, as well as any other security breaches pertaining to your Account.

d. You assume full responsibility for all activities that occur under your Account, whether conducted by you or by others. Builder Buddy disclaims any liability for unauthorized access or activities conducted through your Account.

e. By creating an Account, you consent to receiving communications from us, which may include, but are not limited to: (i) payment requests, (ii) updates regarding our Services, (iii) promotional offers from us and our third-party partners, and (iv) any other information relevant to the Services.

3. USER CONTENT

a. The Platform may include interactive features that allow registered users to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content (collectively, "User Content").

b. For quality control and service improvement, we may solicit reviews from you regarding Service Providers, and you acknowledge that Service Providers may likewise review your performance as a Customer. You agree that all information provided in such reviews will be truthful and accurate. Builder Buddy reserves the right, at its sole discretion, to terminate your registration and remove you from the Platform if it determines that you or any other user are not suitable based on such reviews.

c. By submitting User Content, you grant Builder Buddy a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to: (i) use, publish, display, store, host, transfer, process, communicate, distribute, modify, adapt, translate, and create derivative works from your User Content for purposes related to the operation of the Platform and the provision of Services, and (ii) use your User Content for advertising, promotional activities, or as evidence in legal proceedings before a court or competent authority, in accordance with applicable laws.

d. You hereby waive any and all claims to moral rights or similar legal rights in relation to the User Content, to the fullest extent permitted by applicable law.

e. Builder Buddy retains the right, at its sole discretion, to remove or restrict access to any User Content that it deems, in its judgment, to be in violation of these Terms or applicable laws, without prior notice to you.

4. CONSENT TO USE DATA

a. By using the Services, you consent to the collection and use of your personal data in accordance with our Privacy Policy, which is available at https://www.thebuilderbuddy.in/privacy. The Privacy Policy details the types of personal data we collect, how it is processed, and how we handle your data.

b. In addition to the consents provided under the Privacy Policy, you also consent to us sharing your personal information with our affiliates and third-party service providers. Your data may be used for purposes including but not limited to service provision, analytics, trend analysis, statistical purposes, and enhancing the quality and efficiency of our Services. This may also involve offering new promotions, beneficial schemes, and improving your overall user experience.

c. In accordance with applicable legal requirements, we may be obligated to disclose your data to law enforcement agencies, government authorities, or other relevant entities in connection with civil or criminal proceedings. You understand and agree that Builder Buddy may share such data with appropriate authorities as required by law.

5. BOOKINGS

a. Orders: The Platform enables you to request various Professional Services, subject to availability of time slots. To make a booking, follow the instructions provided on the Platform and submit the necessary information. We will use reasonable efforts to match you with an appropriate Service Providers who is available to provide the requested service at your preferred time. If we are unable to assign a Service Providers for the specified slot, we will contact you to propose an alternative time.

b. Confirmation: Once you submit a booking request, we will confirm your booking via SMS, email, or push notification. Upon confirmation, you are required to make the payment in accordance with these Terms or as specified on the Platform. After a Service Providers is assigned to your request, a confirmation will be sent through the app or via SMS, email, or push notification.

c. Cancellations: If you cancel a booking request before it has been confirmed on the Platform, no charges will apply. For confirmed bookings, our cancellation policy governs any fees that may be imposed upon cancellation. Please refer to BB’s cancellation policy for details regarding applicable cancellation charges.

d. Substitution: In the event that a Service Provider is unavailable or cancels after being assigned, we will offer you an alternative Service Providers from our registered network, subject to availability.

6. PRICING, FEES, AND PAYMENT TERMS

a. Service Fees: BB reserves the right to charge you for any Services availed through the Platform and for any ancillary facilities you may opt for. The applicable charges will be communicated to you at the time of booking.

b. Charges and Fees for Professional Services:

i. For Professional Services booked via the Platform, you are obligated to pay the Service Providers the amount specified at the time of booking, along with any additional costs that may arise due to: (a) extra Professional Services requested, (b) out-of-pocket expenses incurred by the Service Providers. In addition to these Charges, BB may impose a convenience fee for facilitating the booking and transferring payments to the Service Providers ("Fees"). The final bill may also include additional fees such as safety, warranty, insurance, or welfare fees.

ii. You will be informed of the applicable Charges, Fees, and payment methods at the time of booking. Payment can typically be made via Cheque, Net Banking or UPI upon completion of the Professional Service. We reserve the right to modify or limit the available payment methods. Payment must only be made through Builder Buddy.

iii. Charges and Fees may be payable at the time of booking or upon completion of the Professional Service, as specified by BB.

iv. Charges are payable directly to the Service Providers, and BB acts solely as a limited collection agent to collect and remit these amounts on their behalf.

v. All Charges and Fees include applicable taxes.

vi. BB reserves the right to modify Charges and Fees at its discretion. Any changes to Fees will not affect bookings confirmed before the revised Fees are published on the Platform.

vii. Except as otherwise determined by BB or required by applicable law, all Charges and Fees are final and non-refundable. Certain laws may entitle you to refunds or other remedies in cases of service failures.

viii. You acknowledge that Charges and Fees may fluctuate during periods of high demand in specific areas. BB will make reasonable efforts to inform you of any applicable increases. By using the Services or Professional Services, you accept responsibility for all Charges and Fees incurred through your Account, irrespective of whether you were aware of the changes.

c. Payment Processors: We may engage a third-party payment processor ("Payment Processor") to process payments through your selected payment method. Payment processing will be subject to the terms and conditions of the Payment Processor, in addition to these Terms. BB disclaims any liability for errors or issues arising from the Payment Processor's actions. In case of a failed payment, any debited amount will be credited back to you in accordance with the Payment Processor’s policies.

d. Cancellations: You may cancel your request for Professional Services at any time before the Service Provider's arrival. However, a cancellation fee may be charged in accordance with BB’s cancellation policy. BB reserves the right to deduct applicable taxes or fees for such cancellations.

7. CUSTOMER CONDUCT

a. BB strictly prohibits any form of discrimination against Service Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected by applicable law. Discriminatory actions, including but not limited to, refusal to accept Professional Services based on these characteristics, are expressly prohibited.

b. You are expected to treat all Service Providers with courtesy and respect, and to provide a safe, clean, and appropriate environment for them to perform their services. Service Providers reserve the right to refuse to perform services if they deem the environment to be unsafe, unsanitary, or inappropriate, or if you behave in a discourteous, disrespectful, abusive, or otherwise inappropriate manner. BB reserves the right to limit or deny your access to the Services and Professional Services if you engage in conduct that is deemed discourteous, disrespectful, abusive, inappropriate, or unlawful.

c. You are responsible for ensuring that no discriminatory conduct occurs and that Service Providers are provided with a safe, clean, and appropriate workspace. You must also disclose any information that may impact the Service Providers’ ability to provide the service, or that may pose a risk to their health, safety, or well-being. This information must be disclosed to both BB and the Service Providers.

d. If a Service Provider acts in a manner that is discourteous, disrespectful, abusive, inappropriate, or unlawful, you are obligated to report the incident to grievanceofficer@thebuilderbuddy.in as soon as possible, but no later than 48 hours from the occurrence of the incident.

8. THIRD-PARTY SERVICES

a. The Platform may include services, content, documents, and information provided by or licensed from third parties ("Third-Party Services") and may contain links to such Third-Party Services. You acknowledge that the provision and content of Third-Party Services are solely the responsibility of the respective third-party providers, and your use of these services is at your own risk.

b. BB makes no representations and expressly disclaims all warranties and liabilities related to Third-Party Services, including their accuracy, completeness, or fitness for any particular purpose. By using any Third-Party Services, you agree to be bound by the terms, conditions, and privacy policies of the respective third-party providers. All intellectual property rights associated with Third-Party Services are owned by the respective third parties.

9. YOUR RESPONSIBILITIES

a. You represent and warrant that all information you provide in relation to the Services and Professional Services is accurate, complete, and up to date as of the date you agree to these Terms, and will remain accurate during your use of the Services and/or Professional Services. You agree to promptly notify us of any changes to such information. We are not liable for any loss or damage arising from incorrect, incomplete, inaccurate, or misleading information provided by you, or if you fail to disclose material facts.

b. You agree to fully cooperate with us in defending against any legal proceedings or claims that may arise due to a breach of your obligations under these Terms.

c. With respect to User Content, you represent and warrant that:

i. You either own or have obtained the necessary licenses or permissions for all intellectual property rights associated with the User Content and have the authority to grant the licenses set forth in these Terms.

ii. You are solely responsible for all activities occurring through your Account on the Platform and for the User Content you submit.

iii. The User Content does not and will not violate any of your obligations under other agreements.

iv. The User Content does not infringe upon, misappropriate, or violate the intellectual property rights, proprietary rights, privacy rights, or publicity rights of any person or entity.

v. The User Content does not contain viruses, corrupted data, or other harmful, disruptive, or destructive files or code.

vi. The User Content does not violate any third-party rights.

vii. The User Content: (A) belongs to you, or you have the necessary rights to use it; (B) does not threaten the unity, integrity, defense, security, or sovereignty of India, disrupt foreign relations, disturb public order, incite any offense, obstruct investigations, or insult any nation; and (C) is not defamatory, harmful, blasphemous, discriminatory, obscene, unlawful, or otherwise offensive or objectionable, nor does it restrict or inhibit others from using the Services.

d. You agree to use the Services strictly as permitted by these Terms. In particular, you agree not to:

i. Violate the intellectual property or proprietary rights of any third party, including copyrights, trademarks, patents, or trade secrets.

ii. Copy, modify, distribute, publish, or create derivative works of the Services, except as expressly permitted under these Terms.

iii. Upload or transmit data or materials that contain viruses, malware, or other harmful or destructive code.

iv. Use automated tools (such as bots or spiders) to monitor or copy the Services or any content therein.

v. Systematically collect or retrieve data from the Services to create a compilation, database, or directory without authorization.

vi. Use the Services for illegal, fraudulent, or malicious purposes, or for any purpose that violates these Terms.

vii. Decompile, reverse engineer, or disassemble the Services.

viii. Link, mirror, or frame any part of the Services without our express written consent.

ix. Violate any applicable laws in connection with your use of the Services.

e. You agree not to engage in any activities that interfere with or disrupt the functioning of the Services.

f. You agree not to attempt unauthorized access to any portion of the Services, systems, networks, or servers associated with the Services, including through hacking, password mining, or any other means.

g. You agree not to solicit, engage, or encourage any Service Provider with whom you have previously interacted to terminate their registration with the Platform or provide similar services independently without booking through the Platform. This restriction is necessary to protect the privacy and security of Service Providers and is fair and reasonable. You acknowledge that the harm to Service Providers from any violation of this clause would outweigh any potential harm to you.

10. OUR INTELLECTUAL PROPERTY

a. All rights, titles, and interests in and to the Services, including all associated intellectual property rights, are owned by or licensed to Builder Buddy. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely in accordance with these Terms and any instructions provided. All rights not expressly granted to you are reserved by Builder Buddy or its licensors.

b. We may request suggestions, feedback, or bug reports related to the Services ("Feedback"). You agree that we may freely use, disclose, publish, display, and distribute any Feedback without any obligation to compensate or acknowledge you. All Feedback becomes our property.

c. Except as explicitly granted in these Terms, nothing herein confers upon you any rights or licenses to our intellectual property or the intellectual property of any third party.

11. TERM AND TERMINATION

a. These Terms shall remain in effect until terminated in accordance with the provisions set forth herein.

b. We may restrict, suspend, deactivate, or terminate your access to or use of the Services, or any part thereof, under the following circumstances:

i. At our sole discretion, we may terminate your access immediately if:

(A) You breach any obligations, responsibilities, or covenants under these Terms;

(B) You are no longer an active user of our Services;

(C) You fail to meet any qualifications or standards under applicable law or the policies of Builder Buddy or its affiliates; or

(D) You violate our Community Guidelines.

ii. We may terminate these Terms with 30 (thirty) days' prior written notice for any reason.

iii. We reserve the right to terminate your access immediately for any legitimate business, legal, or regulatory reason.

c. You may terminate these Terms and your use of the Services at any time by providing written notice to Builder Buddy at privacy@thebuilderbuddy.in.

d. Upon termination of these Terms:

i. Your Account will be deactivated and access to the Services will cease;

ii. The Services will no longer be accessible;

iii. These Terms will be terminated, except for any provisions expressly intended to survive termination or expiration.

12. DISCLAIMERS AND WARRANTIES

a. The Services are provided on an "as is" and "as available" basis without any warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not guarantee that the Services will meet your specific requirements or expectations.

b. No advice or information, whether oral or written, obtained from Builder Buddy or through the Services, will create any warranty not expressly stated in these Terms.

c. While Builder Buddy strives to provide accurate information regarding Professional Services and Charges, pricing errors may occasionally occur. We disclaim responsibility for any such errors.

d. You acknowledge that Builder Buddy acts solely as a Platform connecting you with Service Providers. We are not liable for any obligations outside the scope of these Terms. We do not assume responsibility for the completion of bookings, the performance of Professional Services by Service Providers, or any actions or omissions by Service Providers during the performance of such services. When you book Professional Services, you enter into a direct contractual relationship with the Service Providers, and Builder Buddy is not responsible for the Service Providers' performance.

e. Engaging with any Service Provider outside of the Platform is at your own risk, and you waive any rights or claims against us in relation to such engagements.

f. We do not warrant or guarantee the reliability, quality, or suitability of any Service Provider.

g. You accept full responsibility for any consequences arising from your use of the Services and Professional Services and acknowledge that we have no liability in this regard.

h. Builder Buddy maintains a complaints management framework and will handle complaints on behalf of Service Providers in a reasonable manner and in compliance with applicable laws.

13. INDEMNIFICATION

a. You agree to indemnify, defend, and hold harmless Builder Buddy, its parent companies, subsidiaries, affiliates, as well as its officers, directors, employees, agents, and representatives from any and all claims, demands, lawsuits, judicial proceedings, losses, liabilities, damages, and costs (including attorneys' fees). This includes, but is not limited to, damages, liabilities, and settlements arising out of or in connection with:

i. Your access to or use of the Services or Professional Services;

ii. Your violation of these Terms; or

iii. Any violation of these Terms by a third party using your Account.

14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

a. These Terms shall be governed by and construed in accordance with the laws of India. The courts of New Delhi shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or your use of the Services.

b. Any disputes, conflicts, or differences arising from these Terms shall be resolved through arbitration in New Delhi, in accordance with the Arbitration and Conciliation Act, 1996, which is deemed to be incorporated by reference into this clause. The arbitration shall be conducted by a sole arbitrator appointed by us. The proceedings shall be conducted in English. All parties involved in the arbitration shall maintain the confidentiality of the process, disclosing information only to the extent necessary or to legal advisors, unless otherwise required by law. The decision of the arbitrator shall be final and binding on all parties. Each party shall bear its own costs related to the arbitration.

15. GRIEVANCE REDRESSAL

a. Contact Information: For any complaints or queries regarding the Services or these Terms, please contact our designated Grievance Redressal Officer as follows:

• Name: Rajiv Kumar
• Designation: Grievance Redressal Officer
• Email Address: rajivkumar@thebuilderbuddy.in

Communications may be sent via registered post or email.

b. We are committed to addressing and resolving your complaints in accordance with the timeframes established by applicable laws.

16. MISCELLANEOUS PROVISIONS

1. Changes to Terms: We reserve the right to amend these Terms at any time. Any changes will become effective immediately upon posting on the Platform. It is your responsibility to review these Terms periodically for any updates. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.
2. Modification to Services: We reserve the right to modify, add to, or discontinue any part of the Services, whether temporarily or permanently, at our sole discretion. We shall not be liable for any modifications or discontinuations of the Services.
3. Severability: If any provision of these Terms is found to be unlawful or unenforceable by a court or other competent authority, the remaining provisions shall remain in full force and effect. If an unlawful or unenforceable provision can be modified to render it lawful and enforceable, such modification shall be applied, while the remainder of the provision shall remain intact unless it conflicts with the intended meaning of the clause, in which case the entire provision shall be removed.
4. Assignment: You may not license, sell, transfer, or assign your rights, obligations, or Account under these Terms without our prior written consent, which may be granted or withheld at our discretion and may be subject to conditions. We may assign our rights under these Terms to our affiliates, subsidiaries, parent companies, business successors, or third parties without prior notice to you.
5. Notices: Any notices, requests, or communications to us under these Terms (excluding routine operational communications) should be directed to legal@thebuilderbuddy.in.
6. Third Party Rights: No third party shall have any rights to enforce any terms contained in these Terms.
7. Force Majeure: We shall not be liable for any failure to perform our obligations or conduct our business due to circumstances beyond our reasonable control, including but not limited to strikes, utility failures, telecommunications issues, acts of God, war, riots, civil unrest, malicious damage, or compliance with laws or government orders.

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