Terms & Condition

1. The buildistan.com Website/Application, mobile applications - “Buildistan” on Google Android Play Store(https://play.google.com/store/apps/details?id=com.infrabag) and Apple iOS App Store(*Link*) mobile optimized version of the Website/Application/Application or other present or future electronic modes including digital applications and other media formats (“Website/Application/Application”) is an internet based e-commerce portal owned and operated by Golok Enterprise Private Limited ( “Company” or “we” or “us” or “our”), a private limited company incorporated under the laws of India, with its registered office at “Shyam Towers”, EN-32, Sector-V, Salt Lake City, Kolkata, West Bengal – 700091, India.
2. Through the Website/Application/Application, we are promoting business of selling/purchasing of all kinds of building products including TMT bars, cements, paints, pipes etc. (“Products/Services”). The persons selling the Products over the Website/Application/Application are hereinafter referred to as “Sellers” and the persons purchasing the Products over the Website/Application/Application are hereinafter referred to as “Buyers”. The Sellers, Buyers and any other person including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content accessing the Website/Application/Application are hereinafter referred to as “User(s)” or “you” or “your” or “yourself” as the context requires.
3. These terms and conditions (“Terms”) along with the privacy policy set out at [insert link] (“Privacy Policy”), together constitute the agreement between a User and the Company, governing usage of the Website/Application/Application by a User (“Agreement”) and are legally binding.
4. Use of the Website/Application/Application is offered to the User conditioned on acceptance without modification of all the terms, conditions, and notices contained in this Agreement and the Terms, as may be posted on the Website/Application/Application from time to time. For the removal of doubts, it is clarified that the use of the Website/Application/Application by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the Terms. If the User does not agree with any part of such terms, conditions, and notices, the User must not use the Website/Application/Application.
5. The Company reserves the right to add, modify, amend, cancel, limit, vary or change the terms, conditions, and notices, either wholly, or in part, at any point in time, under which the Services are offered through the Website/Application/Application. Further, the Company reserves the right to withdraw, suspend, alter, modify, change or vary the Website/Application/Application, the Website/Application/Application features, the Site content or parts thereof, at its sole discretion, without prior notice. All modifications/amendments to the Terms will be posted on the Website/Application/Application and will become effective immediately upon such posting on the Website/Application/Application. Your continued use of the Website/Application/Application after such change or modification shall be deemed to be your agreement to the revised/modified Terms. The User shall be responsible for regularly reviewing these terms and conditions.

Eligibility for Registration on the Website/Application/Application

1. By agreeing to these Terms, you represent that You are at least the age of majority. Use of the Website/Application/Application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. If You are a minor i.e., under the age of 18 years, you shall not register as a User at Our Website/Application/Application and shall not transact on or use the Website/Application/Application. We reserve the right to terminate Your registration and/or refuse to provide You with access to the Website/Application/Application if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
a. If the User opts to register himself on the Website/Application/Application, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id and shall be fully responsible for all activities that occur by use of such password or user id. The User agrees and undertakes to immediately notify the Company of any unauthorized use of the User’s password or user id and to ensure that the User logs off at the end of each session at the Website/Application/Application. The Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
b. The User also agrees to: (a) provide true, updated, accurate and complete information about himself as prompted by the registration form (“Registration Data”) on the Website/Application/Application; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User’s registration and refuse any/all current or future use of the Website/Application/Application and/or any Service. The Company is not obligated to cross-check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. By accessing and/or completing the online registration process on the Website/Application/Application and by creating a User profile, the User confirms its acceptance of the Agreement.
c. Furthermore, the User grants the Company the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
4. As a condition of the use of the Website/Application/Application, the User warrants that they will not use the Website/Application/Application for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms including both specific and implied. In addition, the Website/Application/Application shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website/Application/Application. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website/Application/Application.

Charges

1. Registration on the Website/Application/Application is free for the Users. We may at Our sole discretion introduce new Services and modify some or all the existing Services offered on the Website/Application/Application. In such an event We reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be.

Communications

1. When You use the Website/Application/Application or Application to communicate with us, you agree and understand that you are communicating with Us through electronic records, and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or tele-calling or Application by such other mode of communication, electronic or otherwise, as deemed appropriate for communication at that point of time.

General Conditions

1. We reserve the right, at our sole discretion, to terminate the access to the Website/Application/Application and related Service or any portion thereof, to a User at any point after registering on the Website/Application/Application, without assigning any reason for the same.
2. You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Disclaimer of Warranties/Limitation of Warranties

  1. 1. The Company has endeavoured to ensure that all the information on the Website/Application/Application is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. The Company makes no warranty of any kind, express, implied, statutory or otherwise, concerning the Website/Application/Application and/or its contents and disclaims any and all implied or express warranties of fitness for a particular purpose to the maximum extent permitted by applicable law and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained on the Website/Application/Application. No advice or information, whether oral or written, obtained by you from the Website/Application/Application or Services shall create any warranty not expressly stated in the Terms.
  2. 2. Although the Company makes reasonable commercial efforts to ensure that the description and content provided by the Seller on each page of the Website/Application/Application is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, the Company is not the Seller and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the Sellers.
  3. 3. The Company, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or using the Website/Application/Application or that the operation of the Website/Application/Application will be error-free and/or uninterrupted. Consequently, the Website/Application/Application and/ or the Company takes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website/Application/Application; and/or any interruption or errors in the operation of the Website/Application/Application.
  4. 4. The Company reserves the right to introduce and initiate new features, functionalities, and components to the Website/Application/Application and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. The Company may also prescribe certain limits on the use of the Website/Application/Application and/or Services or storage of User Content or Company content at its sole discretion without any prior notice to you while at all times complying with the Privacy Policy.
  5. 5. You agree that the Company shall have no responsibility for any losses/damages suffered by you in connection with the use of this Website/Application/Application or any content contained therein, or any loss/damage suffered in the event of default or misrepresentation by any other user of this Website/Application/Application. You also represent that you have not ever been accused of any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status.
  6. 6. In no event shall the Company be liable for any losses including direct, indirect, punitive, exemplary, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Products and/ or Services; (b) the cost of procurement of substitute Products and Services or resulting from any goods, information or services purchased or obtained or transactions entered into on the Website/Application/Application; (c) any other matter relating to the Products/Services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/Application/Products/Services.
  7. 7. Further, the Company shall not be held responsible for the non-availability of the Website/Application during periodic maintenance operations or any unplanned suspension of access to the Website/Application that may occur due to technical reasons or for any reason beyond the Company’s control.
  8. 8. The maximum liability on part of the Company arising under any circumstances, in respect of any Products/Services offered on the Website/Application, shall be limited to the refund of total amount received by the Company from such transaction less any other charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.

Use of the Website/Application

You agree, undertake, and confirm that Your use of Website/Application shall be strictly governed by the following binding principles:

  1. 1. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, obtained from the Website/Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted.
  2. 2. 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 Website/Application or any Content (defined hereinafter), or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/Application. We reserve Our right to bar any such activity.
  3. 3. You shall not attempt to gain unauthorized access to any portion or feature of the Website/Application, or any other systems or networks connected to the Website/Application or to any server, computer, network, or to any of the Services offered on or through the Website/Application, by hacking, password “mining” or any other illegitimate means.
  4. 4. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website/Application or any transaction being conducted on the Website/Application.

Intellectual Property Rights

  1. 1. Unless otherwise indicated, the Website/Application is our proprietary property and all source code, databases, functionality, software, Website/Application designs, audio, video, text, photographs, and graphics on the Website/Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Website/Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website/Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  2. 2. Provided that you are eligible to use the Website/Application, you are granted a limited license to access and use the Website/Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website/Application, the Content and the Marks.

Accuracy, Completeness and Timeliness of Information

  1. 1. We are not responsible if information made available on this Website/Application is not accurate, complete, or current. The material on this Website/Application is provided for general information only and it should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this Website/Application is at your own risk, we will not be responsible in any manner whatsoever.
  2. 2. We do not warrant that product description or other Content on this Website/Application is accurate, complete, reliable, current, or error-free and we assume no liability in this regard.
  3. 3. Content on the Website/Application is displayed on "AS IS" basis, in the form received from the Sellers. While the Company tries to offer reliable data, the Company cannot promise that the Content as received from the Seller will always be accurate and up-to-date, and You agree that You will not hold the Company responsible for inaccuracies in the Content as received from the Seller.

Products or Services

  1. 1. We have made every effort to display as accurately as possible the colours and images of the products that appear at the Website/Application for sale by the seller.
  2. 2. We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that We offer. Any offer for any product or Service made on this Website/Application is void where prohibited.
  3. 3. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.
  4. 4. The Seller is responsible to adhere with all the details, specifications, and necessary information for the Products supplied by it in accordance with applicable laws on the Website/Application. The above-stated details, specifications and necessary information shall form the basis for the Buyer to verify that the Product matches the listed description as well as to identify any deficiency in the Product. The Seller shall be solely responsible for the accuracy of all information and/or other information relating to the Products including their availability.
  5. 5. The Seller has the sole liability to verify and determine whether the Products supplied by it are in accordance with the specifications mentioned

Product & Pricing

  1. 1. The price of the Products shall be displayed in Indian Rupees (INR). The price unless specified otherwise is inclusive of all applicable charges, fees, duties, taxes, levies, and assessments for the Products/Services that the User may be required to pay in connection with such a transaction.
  2. 2. The availability of the Products is subject to change, without notice, prior to the purchase of the Product by You. However, there may be circumstances where the Product may not be available to be delivered to You after the purchase transaction. In such an event, You may cancel or instruct us to cancel the such transaction without any recourse and/or liability to the Company. If Your order is so cancelled after some payments for the order have been processed, the said amounts will be reversed to the Buyer in accordance with the Agreement.

Purchases and Payment

  1. 1. The Buyer agrees and acknowledges that the Buyer will have to make the requisite payment for the Products and /or Services availed by the Buyer on the Website/Application. Upon payment of the consideration for the Products, the Product shall be delivered to the Buyer, in accordance with the Delivery Policy, which is incorporated herein for reference.
  2. 2. We accept the following forms of payment: Debit & Credit card, Net Banking - NEFT/RTGS/IMPS, UPI.
  3. 3. The Buyer agrees to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Application. The Buyer further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in Indian Rupee.
  4. 4. We reserve the right to refuse any order placed through the Website/Application. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
  5. 5. The Buyer shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments payable for the Products/Services.

Return and Refund Policy

  1. 1. The Buyer recognizes and agrees that all sales are final, and the Buyer shall not be entitled to a refund for any purchase under any circumstance.

Accuracy of Billing and Account Information

  1. 1. We may attempt to notify the Buyer by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.
  2. 2. The Buyer agrees to provide current, complete, and accurate account information for all purchases made at Our Website/Application. The Buyer agrees to promptly update the account and other information, including the Buyer’s email address, so that We can contact the Buyer as needed.

Shipping and Delivery Policy

  1. 1. For the purposes of efficient and timely deliveries of the products to the Buyer, it shall be the responsibility of the Seller to deliver to the Buyer. Seller and the respective third-party logistics provider chosen by the Seller shall be responsible for any damages or loss caused to the Buyer including but not limited to delays, failure of delivery, damaged, defective and/or substandard product. We bear no liability or responsibility arising on account of such transportation and end-to-end delivery of the product or otherwise.
  2. 2. The Seller shall ensure that the best standards in the industry are adopted and shall ensure delivery of all Products purchased by Buyers in accordance with the highest standards. The Seller assures and guarantees not to conduct any business or offer any Product which is not in compliance with all applicable laws. The Company reserves the right to terminate this Agreement without further notice in case of breach of this sub-clause.
  3. 3. Deliveries to the place of destination until their formal acceptance by Buyer shall be made at the risk and costs of the Buyer, including all expenses of packaging, storage and transportation of Products.

Inspection by Buyer

  1. 1. Upon delivery of products to the Buyer, the Buyer shall inspect the products to determine whether they conform to the order specifications. In the event the products delivered by the Seller do not conform to the order specifications, the Buyer shall have the right to reject such Products only at the time of their delivery. In such an event, the Buyer may request for a refund from the Company or require Seller to repair or replace such products as per mutually agreed terms between the Buyer and the Seller.
  2. 2. If the Buyer fails to inspect or fails to discover a defect that an inspection would have revealed at the time of delivery, the Buyer cannot later revoke his acceptance.

Personal Information

  1. 1. Your submission of personal information through the Website/Application is governed by Our Privacy Policy

Prohibited Uses

  1. 1. You may not access or use the Website/Application for any purpose other than that for which we make the Website/Application available. The Website/Application may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  2. 2. As a user of the Website/Application, you agree not to:
    1. a. Systematically retrieve data or other content from the Website/Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    2. b. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    3. c. Circumvent, disable, or otherwise interfere with security-related features of the Website/Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Application and/or the Content contained therein.
    4. d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/Application.
    5. e. Use any information obtained from the Website/Application in order to harass, abuse, or harm another person.
    6. f. Make improper use of our support services or submit false reports of abuse or misconduct.
    7. g. Use the Website/Application in a manner inconsistent with any applicable laws or regulations.
    8. h. Engage in unauthorized framing of or linking to the Website/Application.
    9. i. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Application.
    10. j. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    11. k. Delete the copyright or other proprietary rights notice from any Content.
    12. l. Attempt to impersonate another user or person or use the username of another user.
    13. m. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    14. n. Interfere with, disrupt, or create an undue burden on the Website/Application or the networks or services connected to the Website/Application.
    15. o. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website/Application to you.
    16. p. Attempt to bypass any measures of the Website/Application designed to prevent or restrict access to the Website/Application, or any portion of the Website/Application.
    17. q. Copy or adapt the Website/Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    18. r. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website/Application. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Application, or using or launching any unauthorized script or other software.
    19. s. Use a buying agent or purchasing agent to make purchases on the Website/Application.
    20. t. Make any unauthorized use of the Website/Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
    21. u. Use the Website/Application as part of any effort to compete with us or otherwise use the Website/Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
    22. v. Sell or otherwise transfer your profile.
    23. w. Use the Website/Application to advertise or offer to sell goods and services.
    24. x. Use Intellectual Property available on Website/Application for purposes other than allowed by the Company in writing.

Disclaimer of Warranties; Limitation of Liability

  1. 1. We do not guarantee, represent or warrant that Your use of Our Service will be uninterrupted, timely, secure or error-free.
  2. 2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  3. 3. You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
  4. 4. You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Service and all products and Services delivered to You through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  5. 5. In no case shall the Company, its directors, officers, employees, affiliates, or interns, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products procured using the Service, or for any other claim related in any way to Your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

User Generated Contributions

Guidelines for Reviews

We may provide you areas on the Website/Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. 1. You should have first-hand experience with the person/entity being reviewed
  2. 2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
  3. 3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. 4. Your reviews should not contain references to illegal activity
  5. 5. You should not be affiliated with competitors if posting negative reviews
  6. 6. You should not make any conclusions as to the legality of conduct
  7. 7. You may not post any false or misleading statements
  8. 8. You may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Mobile Application License – Use License

  1. 1. If you access the Company’s Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms and Conditions of this mobile application license.
  2. 2. You shall not:
    1. a. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application
    2. b. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application
    3. c. Violate any applicable laws, rules, or regulations in connection with your access or use of the application
    4. d. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application
    5. e. Use the application for any revenue-generating endeavour, commercial enterprise, or another purpose for which it is not designed or intended
    6. f. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time
    7. g. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application
    8. h. Use the application to send automated queries to any Website/Application or to send any unsolicited commercial e-mail
    9. i. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play Store (each an “App Distributor”):

  1. 1. The license granted to you for our mobile application is limited to a non- transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service
  2. 2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application
  3. 3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application
  4. 4. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application
  5. 5. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof

Social Media

The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play Store (each an “App Distributor”):

  1. 1. As part of the functionality of the Website/Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
    1. a. Providing your Third-Party Account login information through the Website/Application
    2. b. Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
  2. 2. By granting us access to any Third-Party Accounts, you understand that
    1. a. We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website/Application via your account, including without limitation any friend lists
    2. b. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third- Party Accounts may be available on and through your account on the Website/Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Website/Application. You will have the ability to disable the connection between your account on the Website/Application and your Third-Party Accounts at any time.
    3. c. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website/Application. You can deactivate the connection between the Website/Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Indemnification

  1. 1. The User agrees to indemnify, defend and hold harmless the Company and its officers, directors, agents, subsidiaries and employees (“Company Indemnified Parties”) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement, arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights and/or the Terms. This clause shall survive the expiry or termination of these Terms.
  2. 2. The User acknowledges that the Company is not obligated to perform any act or obligation for them, and that the Website/Application is only a platform that facilitates the transaction between Users. In case of any loss or damage to the Company due to their action or inaction, the Users shall, jointly and severally, indemnify the Company.

Website/Application Management

  1. 1. We reserve the right, but not the obligation, to:
  2. 2. Monitor the Website/Application for violations of these Terms and Conditions
  3. 3. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities
  4. 4. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
  5. 5. In our sole discretion and without limitation, notice, or liability, to remove from the Website/Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
  6. 6. Otherwise manage the Website/Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website/Application

Termination

  1. 1. These Terms of Service are effective unless and until terminated by either You or us.
  2. 2. The Company shall not be liable to the User or any third party for termination of any Service.
  3. 3. You may terminate these Terms and Conditions at any time by notifying Us that You no longer wish to use Our Services, or when You cease using Our Website/Application. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
  4. 4. If in Our sole judgment a registered User fails, or We suspect that such User may fail, to comply with any term or provision of these Terms and Conditions, We may terminate their registration on Our Website/Application, at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).
  5. 5. Upon termination of the Service, User’s right to use the Website/Application/Services shall immediately cease. The User shall have no right and the Company shall have no obligation thereafter to execute any of the User’s incomplete tasks. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the may not be retrieved later. Upon any termination of the Agreement by either you or the Website/Application and/ or the Company, you must promptly destroy all materials downloaded or otherwise obtained from the Website/Application, as well as all copies of such materials, whether made under the Agreement or otherwise. Any such termination of the Agreement shall not cancel your obligation to pay for Products/Services already ordered from the Website/Application or affect any liability that may have arisen under the Agreement.

Electronic Communications, Transactions, and Signatures

  1. 1. By visiting the Website/Application, sending us emails, and completing online forms constitute electronic communications, You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Website/Application, satisfy any legal requirement that such communication is in writing.
  2. 2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website/Application.
  3. 3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Entire Agreement

  1. 1. The failure of Us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  2. 2. These Terms and Conditions, and any policies or operating rules posted by Us on this Website/Application or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
  3. 3. Any ambiguities in the interpretation of these Terms and Conditions, shall not be construed against Us, in any manner whatsoever.

Governing Law

  1. 1. These Terms of Service and any separate agreements whereby We provide You Services shall be governed by and construed in accordance with the laws of India and the jurisdiction of Kolkata.

Dispute Resolution

Should You have a dispute with any User(s), You must address such dispute with the User(s) directly. You hereby agree to release Us, our employees, agents, and affiliates, from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes. We shall not and are not required to mediate or resolve any dispute or disagreement between You or any other User(s)

Force Majeure

The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, epidemic, pandemic, lockdowns or other natural disasters), war, invasion, an act of foreign enemies, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service or any other act beyond the control of the Company.

Amendment and Assignment

The Company reserves the right to make changes or alter the contents of the Website/Application or Services provided by the Company at our sole discretion, without any prior notice. You may not assign your rights and obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Website/Application.

Grievance Redressal

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:


Name: Raj Goenka

Designation: AGM

Email: support@buildistan.com

Phone: 7605006189 (timings: 10 AM to 6 PM)

The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 hours of receiving it. The Grievance Officer may require such information as he may require in order to investigate the grievances/complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to investigate your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/complaint may remain unresolved. By agreeing to the terms and conditions herein, you hereby consent and authorize the Grievance Officer to contact you based on the information provided by you, for the purposes of the grievance/complaint.

Sale in India Only

  1. 1. Unless otherwise specified, the Content on the Website/Application is presented solely for the purpose of sale in India. We make no representation that Content on the Website/Application are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website/Application from other locations/countries other than India do so on their own initiative and We are not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Alerts

By accepting these Terms and Conditions, you accept that the Company may send the alerts to the mobile phone number/ email address provided by You at the time of registering at the Platform or to any such number/e-mail address replaced by You subsequently.

Changes to Terms of Service

  1. 1. You can review the most current version of the Terms of Service at any time on the Website/Application.

Contact Information

Our business hours are from Monday to Saturday


In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:


Golok Enterprise Private Limited
Address: Salt Lake, Shyam Towers,

EN 32, Sector V, Bidhannagar, Kolkata - 700091
West Bengal
Phone: 180030002600
support@buildistan.com