1. Terms of Use (General)
1.1. Thank you for visiting the www.buildintec.codissia.com By accessing or
using www.buildintec.codissia.com website or the mobile application or any
other media ("Website"), whether automated or otherwise,
you, a registered or guest user in terms of the eligibility criteria set
out herein you (“User”) agree to be bound by these Terms
and Conditions (“Terms”) and any additional terms and
conditions of third party sellers (“Sellers”).
1.2. By impliedly or expressly accepting these Terms, you also accept and
agree to be bound by www.buildintec.codissia.com Policies (including but
not limited to Privacy Policy available at
http://www.buildintec.codissia.com/Privacy_Policy.aspx as amended from time to
time. If you do not want to be bound by the Terms, you must not subscribe
to or use our services. We encourage our users to read these Terms
carefully while using the Website.
1.3. In these Terms, references to "you", "User" shall mean the end
user/customer accessing the Website, its contents and using the Services
offered through the Website. "Service Providers" mean independent third
party service providers or Sellers, and references to the “Website”,
“www.buildintec.codissia.com”, "we", "us" and "our" shall mean the Website
and/or BUILD INTEC 2022, its affiliates and partners (as applicable).
1.4. The contents set out herein form an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and as
amended from time to time. As such, this document does not require any
physical or digital signatures and forms a valid and binding agreement
between the Website and the User. These Terms are made available to the
User pursuant to and in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011 that require
publishing the rules, regulations, privacy policy and Terms for access or
usage of the Website
1.5. The headings and subheadings herein are included for convenience and
identification only and are not intended to describe, interpret, define or
limit the scope, extent or intent of the Terms or the right to use the
Website by you contained herein or any other section or pages of the
Website or any linked sites in any manner whatsoever.
1.6. The Terms herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun
shall include the corresponding masculine and feminine. The words
"include", "includes" and "including" shall be deemed to be followed by the
phrase "without limitation". Unless the context otherwise requires, the
terms "herein", "hereof", "hereto", "hereunder" and words of similar import
refer to the Terms as a whole.
1.7. The Website is operated by BUILD INTEC 2022., a company incorporated
under the laws of India having its operating office at Coimbatore,
TamilNadu. All references to Website in these Terms shall deem to refer to
the aforesaid entity in inclusion of the online portal.
1.8. This Website may also contains links to other websites, which are not
operated by the Website, and the Website has no control over the linked
sites and accepts no responsibility for them or for any loss or damage that
may arise from your use of them. Your use of the linked sites will be
subject to the terms of use and service contained within each such site.
1.9. We reserve the right to change these Terms at any time. Such changes
will be effective when posted on the Website and may, at the sole
discretion of the Website be notified to the Users from time to time.
Notwithstanding the foregoing, by continuing to use the Website after we
post any such changes, you accept the Terms as modified.
1.11. These Terms will continue to apply until terminated by either You or
www.buildintec.codissia.com in accordance with the terms set out below:
1.12.1. The agreement with www.buildintec.codissia.com can be terminated by
(i) not accessing the Website; or (ii) closing Your Account, if such option
has been made available to You.
1.12.2. The above clause shall also apply to any additional Terms
applicable to the use of the Website and www.buildintec.codissia.com
reserves the right to terminate access to the Website (including any
services offered as part thereof);
1.13. Notwithstanding the foregoing, these provisions set out in these
Terms which by their very nature survive are meant to survive termination,
shall survive the termination / expiry of this agreement.
2. Eligibility to use
2.1. Use of the Website is available only to such persons who can legally
contract under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. shall not be eligible to use the
Website.
2.2. Any minor desirous to use or transact on Website, is required to
conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or
refuse to provide access to the Website if it is brought to the Website’s
notice or if it is discovered that the person accessing/using the Website
is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the
User irrevocably declares and undertakes that he/she is of legal age i.e.
18 years or older and capable of entering into a binding contract and such
usage shall be deemed to form a contract between the Website and such User
to the extent permissible under applicable laws.
3. Account, Password, and Security
3.1. Any person may access the Website and the Products either by
registering to the Website or using the Website as a guest. However, a
guest user may not have access to all sections of the Website including
certain benefits/promotional offers, which shall be reserved only for the
purpose of registered Users, and which may change from time to time at the
sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you shall be
required to create an account by registering through Facebook or your email
account or by filling in the details prescribed in the Website registration
form. You will then receive a password and account designation upon
completing the Website's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for any and all activities that occur under your password or
account. You agree to (a) immediately notify the Website of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. www.buildintec.codissia.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section or for
any losses occurring thereto. You, as the User, waive any claims against
the Website for any loss and damage suffered by you on account of your
failure to comply with the Terms and reasonably expected good practices in
this regard.
3.3. If any User learns or is made or becomes aware of any instance of
hacking or misuse of its User account, it shall without delay notify the
Website of the same. Additionally, registered Users may be held liable for
losses incurred by the Website for any loss or damage caused as a result of
failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not
updated, and incomplete or the Website has reasonable grounds to believe
that such information is untrue, false, not updated, incomplete, the
Website shall have the right to suspend or terminate the relevant User
account and refuse any and all current or future use of the Website (or any
portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its
sole discretion deem necessary, including but not limited to regular
maintenance. However, under no circumstances will
www.buildintec.codissia.com be held liable for any losses or claims arising
out of such inaccessibility to the Users and the Users expressly waive any
claims against www.buildintec.codissia.com in this regard.
3.6. Users of the Website may be required to provide certain person
information and expressly permit the Website from accessing and/or
collecting and retaining such personal information of the Users. Such
provision and/or collection, storage, retention, use and disclosure of the
personal information of the Users shall be subject to the Website’s privacy
policy available at http://www.buildintec.codissia.com/privacy-policy
4. Payments
5.1. In the event, the Website alters its services, it may introduce new
fees for such altered services. All such fees that the Website may charge
will be intimated to the Users and such change shall automatically become
effective immediately after they are posted on the Website. All such fees
charged by the Website shall be in Indian Rupees. The Users continued use
of the Website shall be deemed as an acceptance of the amended terms and
conditions.
5.2. www.buildintec.codissia.com may enter into agreements with third party
payment gateway aggregators and financial institutions authorized by the
Reserve Bank of India for collection, refund and remittance and to
facilitate payment to Users. The Website shall initiate the remittance of
the payments made by the User and the date of completion of transaction
shall be after the Products are delivered to the User and such other
additional time as may be agreed between Website and the users.
5.3. While availing any of the payment method/s available on the Website,
the Website will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to the User
due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by and between the User and
relevant banks of the User, or
3. Any payment issues arising out of the transaction, or
4. Illegitimacy of the payment methods (credit/debit card frauds etc.)
being used by a User;
5. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right
to conduct additional verification for security or other reasons if it is
not satisfied with the credibility of the User.
5.4. Every User hereby agrees to provide accurate information, such as
credit/debit information for purchasing Products on the Website. Every User
further warrants that he/she shall not use payment information or
instrument that is not lawfully owned by the User. The Website shall not
utilize or share with any third party unless required as per law,
regulation or court order or in accordance with the terms of the Privacy
Policy. The Website disclaims all liabilities arising out of loss of any
information pertaining to the Confidentiality of the credit/debit card
details or pre-paid instrument account. In addition to these Terms, the
terms and conditions of the bank or other financial institution shall also
be applicable to every User. The Website disclaims any liability arising
out of declining of payment by such bank or financial institution.
5.5. The Website may in its sole discretion impose limits on the number of
transaction which an individual holding a financial instrument may use for
payment for Products.
Additionally, the Website reserves the right to refuse to process
transactions exceeding such limit and transactions by Users that have
incurred questionable charges and amounts.
6. User Conduct and Rules:
6.1. You agree and undertake to use the Website only to post and upload
messages and material that are proper. By way of example, and not as a
limitation, you agree and undertake that when the Website, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information;
3. upload files that contain software or other material protected by
intellectual property laws unless you own or control the rights thereto or
have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of the
Website or another's computer;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or
reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable
for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force
in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other
terms and conditions for the use of the Website contained elsewhere herein.
11. exploit any of the services. We reserve the right to deprive individual
Users of our cash on delivery payment option. Moreover, we might refuse any
of our services, terminate accounts, and/or cancel orders at our
discretion, including but not limited to, if we believe that Users conduct
violates applicable law or is harmful to our interests.
12. You shall not make any derogatory, defamatory, abusive, inappropriate,
profane or indecent statement/s and/or comment/s about the Website, its
associates and partners on any property owned or operated by the Website.
7. Use of Content
7.1. While using the Website, the User specifically undertakes not to host,
display, upload, modify, publish, transmit, update or share any information
or content that:
1. belongs to another person and to which the User does not have any right
to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatsoever;
3. harms minors in any way;
4. impersonate any person or entity, or falsely state or otherwise
misrepresent the User’s affiliation with a person or entity;
5. threatens the unity, integrity, defense, security or sovereignty of
India, friendly relations with foreign states or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting of any other nation;
6. infringes any patent, trademark, copyright or other IPR;
7. contain software viruses or any other computer code, files or programs
designed to interrupt destroy or limit the functionality of any computer
resource;
8. deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in
nature;
9. engage in any activity that interferes with or disrupts access to the
Website or the Products (or the servers and networks which are connected to
the Website);
10. attempt to gain unauthorized access to any portion or feature of the
Website, any other systems or networks connected to the Website, to any
Website server, or to any of the Products offered on or through the
Website, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the Website or any network
connected to the Website, nor breach the security or authentication
measures on the Website or any network connected to the Website.
12. disrupt or interfere with the security of, or otherwise cause harm to,
the Website, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Websites or any affiliated or linked
sites;
13. use the Website or content therein for any purpose that is unlawful or
prohibited by the Terms or to solicit the performance of any illegal
activity or other activity which infringes the rights of the Website or
other third parties;
14. falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded;
15. violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
16. violate any applicable laws or regulations for the time being in force
within or outside India; and
17. violate the terms of these Terms.
7.2. The User shall use the Website and purchase any Products available on
it, for personal, non-commercial use only and shall not re-sell the same to
any other person or commercialize the same in any manner whatsoever.
7.3. The User may need to install updates that the Website or any third
party may introduce from time to time to access the Products /Website
including downloads and required functionality, such as bug fixes, patches,
enhanced functions, missing plug-ins and new versions. By using the
Website, the User shall be deemed to have agreed to receive such updates.
8. Jurisdictional Issues
Unless otherwise specified, the products/items listed on the Website are
solely for the purpose of delivery in India. The Website shall under no
circumstance be held liable for use or availability of Products for use in
locations/countries other than India.
9. User Protection Program
9.1. The Website’s User protection program provides for resolution of
disputes to the User to successfully resolve a dispute regarding refund or
replacement or non-delivery of a Product.
9.2. In such an eventuality, the User can write to buildintec@codissia.com
if the issue remains unresolved.
9.3. The Website’s Users support team shall provide reasonable assistance
and take such relevant actions, at its sole discretion may deem fit.
10. General Provisions
Notice:
All notices to be issued pursuant to these Terms shall be served to the
User by email or by general notification on the Website. Any notice to be
sent to the Website pursuant to these Terms shall be sent to the Website’s
grievance officer by e-mail buildintec@codissia.com
Assignment:
This Terms shall not be assigned or otherwise transferred by the User.
However the Website’s obligations under these Terms are freely assignable
or otherwise transferable by the Website to any third parties without the
requirement of seeking the Users prior consent.
Severability:
If any provision of these Terms is void, or is so declared, such provision
shall be severed. The Terms shall otherwise remain in full force and
effect.
Waiver:
Any failure or delay by a party to enforce or exercise any provision of
these Terms, or any related right, shall not constitute a waiver by such
party of that provision or right. The exercise of one or more of a party's
rights hereunder shall not be a waiver of, or preclude the exercise of, any
rights or remedies available to such party under these Terms or in law or
at equity. Any waiver by a party shall only be made in writing and executed
by a duly authorized officer of such party.
Relationship and Exclusivity.
Nothing in these Terms shall constitute or be deemed to constitute a
partnership, joint venture, agency or the like between the parties hereto
or confer on any party any authority to bind the other party or to contract
in the name of the other party or to incur any liability or obligation on
behalf of the other party.
Force Majeure:
If performance of any Service under these Terms by the Website is
prevented, restricted, delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning, severe weather,
shortages of materials, rationing, inducement of any virus, Trojan or other
disruptive mechanisms, any event of hacking or illegal usage of the
website, utility or communication failures, earthquakes, war, revolution,
acts of terrorism, civil commotion, acts of public enemies, blockade,
embargo or any law, order, proclamation, regulation, ordinance, demand or
requirement having legal effect of any government or any judicial authority
or representative of any such government, or any other act whatsoever,
whether similar or dissimilar to those referred to in this clause, which
are beyond the reasonable control of the Website and could not have been
prevented by reasonable precautions then the Website shall in toto be
excused and discharged from such performance to the extent of and during
the period of such force majeure event, and such non-performance shall, in
no manner whosoever, amount to a breach by the Website of its obligations
herein.