We are currently operational only in Noida, Ghaziabad and Gautam Buddha Nagar.
We are currently operational only in Noida, Ghaziabad and Gautam Buddha Nagar.
This document contains terms and conditions (“Terms of Use”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000 and the rules made thereunder (“IT Act”). Further, this electronic record is generated by a computer system and does not require any physical or digital signatures.
Please note that the website having the domain name EasyBuild.com1 and/or all other sub-domains registered in the name of the Company (“Website”) and the mobile application name under the name and style of ‘EasyBuild’ (“Application”), are owned, managed and operated by BUILDING PARADISE PRIVATE LIMITED, a private limited company incorporated under the provisions of the Companies Act, 2013, having its registered office at Cabin No. 1 & 2, Second Floor, A-21, Sector-16, Noida, Gautam Buddha Nagar Uttar Pradesh 201301 India (hereinafter collectively referred to as “We”, “Company”, “Us”, or “Our”). The Website and the Application are hereinafter collectively referred to as “Platform”.
For the purpose of these Terms of Use, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User”, shall mean and include, any person who visits, browses, uses or accesses the Platform, avails any of the Services (as defined below) of the Platform, the Buyer (as defined below) or any person who registers himself/herself on the Platform by creating an Account (as defined below) on the Platform.
The Platform operates as a one-stop platform for the individuals/Users who are desirous of buying Goods (as defined below) and in this respect, the Platform acts as a facilitator between the Users and provides the electronic infrastructure facilities and services to such Users, which include, inter alia, facilitating and enabling: (i) the Buyer in purchasing of the Goods; and (iii) in some cases, the transaction and arrangement between the Buyer and the Marketplace in respect of the sale and purchase of the Goods including, facilitating the pick-up of the Goods from the location of the Supplier and the delivery of the Goods to the location of the Buyer pursuant to the order placed by the Buyer for the purchase of the Goods listed on the Platform, in accordance with the terms and conditions as contained herein (collectively “Services”).
You are requested to read these Terms of Use carefully before accepting the same and moving forward to using and accessing the Platform or availing any Service contained herein.
By availing the Service(s) on the Platform, and/or visiting, viewing, accessing or otherwise using the Service(s) or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms of Use and all the policies of the Company / Platform.
IN CASE YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM, REGISTERING ON THE PLATFORM AND AVAILING ANY OF THE SERVICES ON THE PLATFORM.
The Terms of Use contained in this electronic record are read together with the: (i) Privacy Policy (as defined below), as available and uploaded on the Platform which can be accessed at https://easybuild.com/privacy-policy; (ii) the guidelines, instructions, rules, terms, conditions and/ or policies and procedures or any other specific terms and conditions of the Company/Platform, as applicable or relating to the availing of the Services and/ or usage and access of the Platform, as posted and provided on the Platform or intimated to the Users, from time to time; and (iii) any other agreement/arrangement entered between the User and the Company in relation to the sale and purchase of the Goods or availing of the Services (collectively “Company Documents”). It is expressly clarified that the Company Documents shall be considered as part and parcel of the Terms of Use hereof and shall be deemed to be incorporated herein by reference and shall constitute the entire legally binding agreement between You and the Company in connection with your access, visit or use of the Platform for the availing of the Services, in any manner. Therefore, by impliedly or expressly agreeing to be bound by these Terms of Use and/or through use and access of Services of Platform, the User also agrees to be bound by the terms and conditions of the Privacy Policy, and the Company Documents, as may be updated, amended or revised from time to time.
The Company reserves the right to change, modify, amend, or update the Terms of Use, at its discretion, from time to time and such amended provisions of the Terms of Use shall be effective immediately upon being posted/ uploaded on the Platform. We shall ensure that we periodically, or at least once in a year, inform of any change to these Terms of Use or other Company Documents, as the case may be.
It is hereby clarified that the Company/ Platform may, from time to time, change provisions related to any of the Services which also include changing of the extent and scope of the Services and/ or include any other category of service or facility within the term ‘Service’, at the sole discretion of the Platform. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms of Use. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms of Use. It shall be the User's responsibility to check these Terms of Use periodically for changes. It is, further, clarified that the User’s use and access of the Platform/Service(s) is subject to the most recent version of these Terms of Use made available on the Platform at the time of such use.
“Account" shall mean the account/user profile created by the Users on the Platform by submitting the User Data, in accordance with the terms as specified under Clause 4 (Creation of Account) below:
“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question:
“Buyer” shall mean any person who access, browses, surfs, uses or views any of the content on the Platform and/or buys the Goods listed by the Platform by placing the purchase order on the Platform, in accordance with the terms and conditions as contained herein;
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company, including, insolvency, business exigencies, operational technical issues, labour unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, pandemic, natural calamities/disasters, strikes, lock out, change of Applicable Law(s), which materially restricts provisions of Services offered on the Platform etc.;
“Goods” shall mean and include such infrastructural and construction products owned by various brand partners of the Company and listed on the Platform by such brand partners;
“Logistic Partner” shall mean the authorized third party logistic service provider of the Company engaged for the purposes of the pick-up of the Goods from the fulfilment location and the delivery of the Goods to the location of the Buyer pursuant to the order placed by the Buyer for the purchase of the Goods listed on the Platform;
“User Data” shall mean the data and information as may be required by the Company for the purposes of registration of the User on the Platform/creation of Account of the User on the Platform and/or for the purposes of providing and enabling the Services to the User which may include, inter alia, name, gender, email address, phone number, residential address, Bank account or card details, PAN number, etc.
Please note that in order to avail the Services, the User is required to create an Account on the Platform and become a registered user. To create an Account and complete the registration process in order to avail the Services of the Platform, the User shall be required to disclose his/her personal information, allowing others, including Us, to identify the User, which includes name, gender, address, pin code, age, phone number, email id, payment information (if required), and any other information deemed necessary for providing the Services. In the event, the registration is cancelled or withdrawn, You agree and acknowledge that We shall retain your information for a period of 90 days from such cancellation or withdrawal, as the case may be.
By providing your contact number with us, You consent to be contacted by Us via phone calls and/or any instant messaging services (including by SMS notifications or contacting through ‘WhatsApp’), in case of any purchase order placed by you, shipment of Goods, listing of Goods, feedback or delivery related updates.
It is clarified that by creating the Account on the Platform/following the sign-up process, you agree to all the terms herein, [Privacy Policy] and all other Company Documents on the Platform which may be posted at an appropriate location of the Platform.
You agree that you shall provide accurate and correct information for availing any of the Services of the Platform, including, at the time of making the purchases on the Platform or at the time of sign-up on the Platform/creating the Account on the Platform; and You shall also update such information and data, from time to time, in case of any change thereto and/or as and when required and asked by the Platform in this regard. The User agrees to provide all such information on the Platform as and when prompted and required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use herein and the other policies of Platform, We shall have the right to indefinitely suspend or terminate your Account or block your access on the Platform. It is further clarified that the Company is not responsible for the inaccuracy, incompleteness or outdated information made available on the Platform by the Users and does not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users’ own risk.
You agree that You shall log out of your Account at the end of each session in order to ensure complete security and secrecy of your data and the Platform/Company’s data. The Company reserves the right to suspend or terminate your Account with immediate effect and for an indefinite period, if the Company has reason(s) to believe that the User Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of these Terms of Use or upon any unauthorised use of the User’s Account by any third party.
You are solely responsible for maintaining the confidentiality of your Account and the display/username and the login details, received by You at the time of your sign-up/sign-in and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible in any manner whatsoever in this regard. You expressly agree that you shall immediately notify Us about any actual or potential unauthorized use of your Account, display/user name, login details, and/ or other information related thereof or any breach of security by a third party and, in this regard, the Company/ Platform shall not be responsible for any liabilities that such User may incur from the misuse of the Account or password or any data and information contained therein. You agree that the Company cannot and shall not be liable for any loss or damage arising from your failure to comply with the Terms of Use.
It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of any Account, We may, at our discretion, take action to block access to such Account at the earliest and take all other actions as may be required under the Applicable Laws.
The User shall be responsible for safeguarding the Account and all the information and data associated with such Account. For the safety of the data and information in such Account and prevention of any possibility of any unauthorised use thereof, it is suggested to the User to not to disclose the login information to any third parties.
You agree that during your use and access of the Platform and/or availing of the Services offered by the Platform, you shall provide Us with certain information and other data as mentioned under the Terms of Use which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and personal data as provided by you under these Terms of Use, are governed under the Company’s privacy policy (“Privacy Policy”) which is available at https://easybuild.com/privacy-policy. By using and visiting the Platform and availing the Services of the Platform, you agree to the terms and conditions of our Privacy Policy.
Regarding your private information and data, We shall only collect, use, disclose or process such information and data in accordance with our Privacy Policy, which you accept by your use and access of the Platform and/or availing the Services on the Platform. Please note that We may share such data and information with third parties as required to be shared in terms of and in the manner as set out under the Privacy Policy.
For the use and access of the Platform, whether or not for provisions of availing the Services on the Platform, in any manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Platform or accepting these Terms of Use, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and avail Services and agree to and abide by the Terms of Use as provided herein. In the event where the User is under 18 (eighteen) years of age, he/she may use or access the Platform and avail the Services on the Platform only with involvement of a parent or a guardian. Further, the use and access to the Platform can be availed only by such individuals or business entities, including sole proprietorship firms, companies and partnerships, who can form and enter into a ‘valid contract’ as per the conditions set forth under Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, persons disqualified by law or of unsound mind, etc. are not eligible to use the Platform.
The Company grants the Users a personal, non-exclusive, non-transferable, limited access to enter and use the Platform and avail the Services of the Platform and You agree that you shall be responsible to act lawfully, diligently and honestly at all times when you access and use the Platform. Further, You shall be responsible for all activities that occur in your Account in furtherance to your use of the Platform and/or availing the Services and for complying with all the Applicable Laws, as amended from time to time, and applicable to your use of the Platform and/or availing the Services.
You agree that you shall not interfere with, jeopardise, disrupt or harm the Platform and/or Services and that you shall not intercept, expropriate, re-use, steal or re-utilise any system, data, graphic media, coding or information comprised in or provided to you via the Platform and/or Services and, at all times, comply with the Terms of Use and other policies of the Platform.
We will provide you with any help you may reasonably require to access the Platform but We shall not be responsible if you are unable to access any section of the Platform or the Services for any reason. We do not guarantee you access to the Platform at any and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free. Accordingly, We reserve the right, at any time, to suspend or discontinue the Platform and/or the Services for any reason without incurring any liability or obligation to you.
If We reasonably believe that your Account and password is being used / misused in any manner, We reserve the right to cancel your right to access the Platform immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Platform immediately of any unauthorized use of your Account or any other breach of security. We shall not be liable for any loss that you may incur as a result of someone else using your Account. However, you could be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your Account.
Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform, you consent to receiving communications via electronic records from Us periodically and as and when required.
The information and Services shall not be used for any illegal purpose by You. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other user of the Platform or to access any such Account is an express and direct violation of these Terms of Use and of Applicable Law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while We investigate complaints or alleged violations of these Terms of Use, or for any other reason.
Under these Terms of Use, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
The User agrees not to:
It is also clarified that you shall not use any “deep-link”, “page-scrape”, “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 Platform or any service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any /services offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean. You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any Account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform/ Company or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Platform/ Company or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company.
You agree that you shall not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company, its Users and/or other third parties.
You agree that you shall, at all times, ensure full compliance with the applicable provisions of the IT Act, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the Services and the transactions between you and other Users. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.
The User shall indemnify and hold harmless the Company, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Platform due to or arising out of breach of these Terms of Use and other policies of the Company.
To enable the use of your information supplied by you to us, so that usage of any such information by Us is not construed as a violation of any rights, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms of Use and the policies of the Company/ Platform applicable to the use of the Platform.
General terms related to Services
Please note that the Company grants You a limited, non-transferable and non-exclusive licence to use and access and make personal use of this Platform, but not to modify it, or any portion of it, in any manner, except with express written consent of the Company.
It is clarified that the Platform does not warrant that the description, particulars and other content in respect of the Goods listed on the Platform is accurate, complete, reliable, current, or error-free and in this regard, the Platform shall have no liability and responsibility towards any User.
The Company does not implicitly or explicitly support or endorse the sale or purchase of any Goods nor provide any warrantee/guarantee of the Goods sold to the Users, and in no event shall such Goods be the responsibility of the Company.
It is hereby expressly agreed and understood by the User that:
The User undertakes that the User shall use the Platform only for availing Service(s) and shall not permit the Platform/Account/Service(s) to be used by or for the benefit of anyone other than the User without the Company’s prior written permission. The User is responsible for (i) providing the requisite data and information requested by the Platform for availing the Service(s) and access features of the Platform; and (ii) using the Platform/ availing the Service(s) in accordance with all Applicable Laws and regulations.
In respect of the Services, the User may be allowed to provide feedback, ratings, reviews and particulars about the experiences in respect of the Service(s) (“Feedback”), which the Company/ Platform may or may not publish at their sole discretion. It is clarified that the Company hereby disclaims all liability with respect to the content of the Feedback and it is clarified that the Company does not endorse any opinions or experiences contained within the content of such Feedback.
The Buyers can select the Goods he/she desires to buy and add the Goods in the cart as provided on the Platform (“Goods Cart”). After adding the desired Goods in the Goods Cart the Buyer shall be able to place the order and check out and shall confirm the delivery address and contact details, and shall proceed to make payment as per the various payment methods provided on the Platform. The Buyer shall be able to view on the Platform the Selling Price/payment charges in respect of purchase of the Goods, Shipping Charges (as defined below) and applicable taxes before placing the purchase order.
The Goods listed on the Platform can be purchased by the Buyer by making the required payment towards the Selling Price and the Shipping Charges, through various methods of payments offered on the Platform and in accordance with the terms and conditions as detailed under Clause 11 (Payment Terms) below.
The Company shall not be responsible for any delay in the delivery of Goods to Buyer as a result of the Goods being out of stock, unavailable or back ordered.
It is agreed by the Buyer that the Buyer shall be required to pay such charges and expenses towards shipment of the Goods, as displayed on the Platform, at the time of placement of the order by the Buyer, which shall be determined on the basis of the weight of the Goods and the pick-up and drop off locations of the Fulfilment Centre and the Buyer (“Shipping / Delivery Charges”).
As soon as the payment in respect of the purchase of the Goods is made by the Buyer, We will notify the Buyer about the confirmation of such order and notify the Fulfilment Centre about purchase of the listed Goods through e-mail/ any other mode of electronic communication which will also specify the particulars in respect of pick-up of the Goods.
Upon making of the payment by the Buyer on the Platform in respect of purchase of the Goods through the Platform, automated receipt shall be sent to the Buyer; and the Logistics Partner, as the case may be, shall initiate the process for delivery of the Goods to the location of the Buyer.
It is clarified that We shall not be, in any manner whatsoever, be responsible for the quality and durability of the Goods to any User. The User acknowledges that for the purpose of pick-up and delivery of the Goods to and from the location of the User, as the case may be, the Logistics Partner, may contact the User through telephonic call or email or any instant messaging services (including SMS, ‘WhatsApp’ etc.).
The Company shall use e-mail services as a main mode of communication to provide notifications to the Users. We have constructed automated e-mail services at various points in the listing and the purchasing process.
Users can get in touch with us by accessing Need Assistance / Contact Us on Our website https://easybuild.com/, which in turn shall direct the Users to Our official e-mail and customer care number.
Please refer to https://easybuild.com/refund-cancellation.
It is hereby clarified that by way of uploading and posting any content on the Platform, the User grants the Company a non-exclusive, worldwide, perpetual and transferable license to use such content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with Applicable Law, use the content or any of its elements for the purpose of providing Service(s) to the Users, including but not limited to promotional and advertising purposes. We reserve the right to edit or remove any material submitted/ posted to the Platform, or stored on our servers, or hosted or published upon the Platform.
You agree that You are solely responsible for any content sent or transmitted by You or displayed or uploaded by You while using the Services and for compliance with all Applicable Laws pertaining to such content, including, but not limited to, laws requiring You to obtain the consent of a third party to use such content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the content on the Platform and that such use does not violate or infringe any rights of any third party.
In case any content is considered to be unlawful or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
Although the Company is not responsible for any content uploaded by the User on the Platform, however, the Company at its own discretion may delete any such content or choose to not transmit any such content, at any time without notice to the User, if it becomes aware that such content violates any provision of this Terms of Use, or any Applicable Law.
The User hereby acknowledges that it is solely responsible for any content uploaded by the User on the Platform and shall be solely liable for any consequences arising out of publicly displaying, transmitting or sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, or issues arising out of or related to such content.
Posting/uploading of any information or material or content on the Platform, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another's privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any User found to be involved in such activity on the Platform shall solely be liable for actions under the Applicable Laws.
For the purpose of making payments towards the Selling Price and the Shipping Charges, the Buyer can make such payments via any one of the following methods of payment: (a) Credit/Debit Card; (b) Net Banking; (c) Wallets, UPI, PayPal and reward points or (d) any other mode of electronic payment as provided on the Platform. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount, etc. in the transaction.
Please note that any payment and transaction in respect of the purchase of Goods under these Terms of Use may be facilitated by or through third-party payment processors, online fund transfer facility through banks or credit cards or mobile and internet-based payment/ commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitators”). In this respect, it is clarified that services of Payment Facilitators are utilized for the purposes of making any payment transaction in respect of the purchase of Goods under these Terms of Use and use of such services of Payment Facilitators shall not render the Platform liable or responsible or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to the User on account of (i) lack of authorization for any transaction(s); (ii) exceeding the pre-set limit mutually agreed by and between the User and his/ her bank; (iii) any payment issues arising out of the transaction; (iv) decline of transaction for any reason; or (v) for any other reason whatsoever.
The Users understand, accept and agree that the payment facility provided by the Company on the Platform through its Payment Facilitators is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Platform. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.
It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.
If You have any queries in relation to any issue, you can call our help desk at 965-965-8009 or email Us at info@easybuild.com or contact our customer support executives through the contact details provided on the Platform (“Customer Support”).
In addition to and not in derogation of, the specific indemnities provided by You to the Company under these Terms of Use and/or policies of the Company, You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and any and all Losses arising out of or in connection with, any claim, suit, action or other proceeding brought against the Company/ Platform, to the extent such losses are based on or arising out of or in connection with: (a) any breach or non-performance of any of the Terms of Use and/ or other terms and conditions of the Company/ Platform with respect to use and access of the Platform and availing of Service(s); (b) truthfulness and correctness of the data and information provided by the User at the time of onboarding on the Platform and/ or availing the Service(s); (c) any claim which the User may have with respect to transaction, dealing and arrangement with the other user of the Platform or with an third party; (d) any content posted by the User on the Platform and User's use of the Service(s) available on the Platform; and/or (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property rights).
For the purpose of these Terms of Use herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any Applicable Law.
It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other material appearing on the Platform are the property of the Company, its parent, affiliates and associates and are protected under the applicable Indian laws and the Company agrees that all intellectual property of the Users shall belong to the Users and the Company shall have no right or claim over the same.
It is hereby clarified and agreed by you that (i) the Company owns all the intellectual property rights in and relating to the Platform and Services offered through Platform and your use of the Platform and/or availing of Services does not grant or confer you any rights in relation to our IPRs or our affiliates’ or licensor’s or suppliers’ IPRs; (ii) the structure of the Platform shall not be reproduced, distributed or published, in whole or in part, by you for any purpose; other than in connection with your private use of the Platform and/ or availing of Services, you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform and/ or availing of the Services or the computer codes or elements which comprise the Platform; (iii) by using, accessing or visiting the Platform and/ or availing the Services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms of Use does not grant to you any rights to any IPRs in respect of the Platform or any content; (iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company/ Platform; (v) the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of the Company/ Platform or take any other action that infringes upon or impairs the Company’s trademark (whether registered or unregistered) or other IPRs; and (vi) other than as set out in this clause and the Platform’s policies, you are not permitted to use any of our intellectual property rights without our (and our affiliates’, licensor’s or suppliers’) prior written consent.
You agree that the Company, in its sole discretion and for any, including inter alia without limitation if you breach these Terms of Use, may terminate your access to and use of the Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Account may be affected without prior notice, and in this respect the Company/ Platform shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
The provisions of these Terms of Use shall continue to apply until terminated by either of the Party. In case of User wanting to terminate these Terms of Use, the User may do so by: (i) not accessing the Platform; and/or (ii) closing their Account.
We reserve the right to, at any time, and with or without notice, terminate these Terms of Use against the User, if:
there is any breach of Applicable Law(s) or the provisions of these Terms of Use or the terms of the Company Documents or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User do not intend to, or are unable to, comply with the same); or
if any information provided by a User during the registration process or thereafter proves to be inaccurate, misrepresented, not current or incomplete and / or the Platform is unable to verify or authenticate any information provided to the Platform by the User;
We believe, in its sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are engaged in any fraudulent, negligent or derogatory actions which are contrary to the interests of the Company;
Unreasonable instances of returns and / or cancellation of orders initiated by any User;
We are required to do so by law; or
the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to provide the Services to the User.
You acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your Account or denial of access to the Service(s)/Platform. In the event of termination of your Account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.
The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.
The Company shall remove the User Data from their database within twenty-four (24) hours of terminations of this Terms of Use.
The User is entitled to terminate this legal relationship, at all times by deletion of the Account and, thus disabling the use of the Platform/ Service(s).
In no event shall We, or our officers, directors, employees, partners or suppliers be liable to you 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 We have 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 of the Platform; availing of Service(s); any interaction, communication, dealing and transaction between you and other User of the Platform or any third party or between the Buyer and the Platform.
You release and indemnify the Platform/Company and/or any of its officers and representatives from any Losses, liability or other consequence of any of the actions of the other Users of the Platform and specifically waive any claims that you may have in this behalf under any Applicable Law. Notwithstanding its reasonable efforts in that behalf, the Company/Platform cannot take responsibility or control the information provided by other Users which is made available on the Platform.
The Company/ Platform shall not be liable for any loss or liability to the User caused by any unauthorized use of the User’s Account and the User, in this respect, shall indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, representatives, shareholders, contractors, users and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent of such losses being based on or arising out of or in connection with such unauthorized or fraudulent use of the User’s Account.
User will be responsible for and thus releases the Company from, any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms of Use and further agrees to hold harmless and indemnify the Company in this regard.
The Company/ Platform shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform. The User understands and agrees that any material and/or data downloaded at the Platform is done entirely at Users own discretion and risk and the User will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.
THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, OR CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, THE COMPANY/PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED HEREBY. THE COMPANY/PLATFORM DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE COMPANY/PLATFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms of Use shall continue in full force and effect.
No provision of these Terms of Use shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
These Terms of Use are subject to the laws of India. These Terms of Use shall be governed by the laws of India. Subject to Clause 19.2 below, courts and tribunals of New Delhi, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use or the Company Documents (including any disputes regarding the existence, validity or termination of these Terms of Use).
All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the User. If any dispute arising between the Parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as applicable and amended from time to time.
The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Parties. The seat and venue of the arbitration shall be New Delhi, India.
The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.
The Company may give notice by means of a general notice on the Account or Platform, or by electronic mail to User’s email address or contact number, or by written communication sent by regular mail to User’s address on record in the Account. The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.
The Company shall not be liable for any failure to perform any obligations under these Terms of Use or in respect of provision of the Service(s) through the Platform, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Other than that, when expressly allowed, any use of our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
Please note that if You navigate away from the Platform to a third-party website or application`, then You may be subject to and bound by alternative terms of use and privacy policy applicable to such third-party website or application.
The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
No partnership, joint venture or relationship of employee/ employer or franchisor/ franchisee arises between you and Us by reason of the Terms of Use.
In our discretion, We may serve any notice or communication on you by mail. In the case of notices sent by mail, you shall be deemed served 1 (one) business day after dispatch of the same.
As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, and/or any other mode of communication as We may deem appropriate to send you in connection with our Platform and Services. For further details relating to the same, please refer to our Privacy Policy.
Any complaints, abuse or concerns with regards to content and /or comment or breach of these Terms shall be immediately informed to ("Grievance Officer") through email at Grievance@easybuild.com with the electronic signature or in writing at the following address to: Grievance Officer, A-21, Sector 16, Noida, Uttar Pradesh 201301.
The Grievance Officer will undertake best endeavours to redress the grievances of the User expeditiously, but in any case, grievances will be addressed within 1 (one) month from the date of receipt of the grievance.
A grievance will be considered as disposed-off and closed in any of the following instances, namely:
where the complainant has communicated its acceptance of the response of the Grievance Officer / any other person associated with the Company; or
where the complainant has not responded within thirty days of the receipt of the written response and has not raised any grievance or complaint in respect of the same subject.
In the unlikely event that your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer (details specified below). We will respond within 7 (seven) business days from the date of receipt of your email.
The Company has appointed a resident nodal person (“Nodal Person”) who shall be responsible for ensuring compliance with the provisions of the Consumer Protection Act, 2019 and the rules made thereunder. You can contact the Nodal Officer through the below mentioned contact details in case of any escalation of complaints.
Email: NodalOfficer@easybuild.com
Registered Office:-
Building Paradise Private Limited,
Hall No-1 Third Floor, A-21, Sector 16, Noida,
Gautam Buddha Nagar, Uttar Pradesh, 201301
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