THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER.  THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS PLATFORM.
MCR BUILDERS POINT PRIVATE LIMITED is a company registered under companies act, 2013 operating which is as an online platform where certified vendors can sell their respective products to the user in the website being www.builderspoint.in. “BUILDERS POINT” is the registered TRADENAME of MCR BUILDERS POINT PRIVATE LIMITED. This platform is very convenient & user friendly to all the users. It also provides an online marketplace where registered suppliers (“Suppliers”) can offer to sell their respective products to registered users (“Buyers”) of the application & the website.
The terms and conditions (the “Agreement”) set forth below and the standard terms and conditions that apply to and governs your use of the website www.builderspoint.in, application and the services available thereon constitute a legally binding agreement between MCR BUILDERS POINT PRIVATE LIMITED (the “Company”) and you. This Agreement contains provisions that define limits, legal rights and obligations with respect to the use of the website www.builderspoint.in and an app that is conceptualized, developed and hosted by the Company (hereinafter collectively referred to as the “Platform”) including its classified services, forums, chats, classified advertisements, related sites including the mobile application (the “Content”) that applies to all the users of the Platform including without limitation users who are browsers, Suppliers, Re-sellers, merchants, or contributors of content (collectively, “User”). References to the User in these Terms must be construed in the context in which the term is used. For instance, in these Terms, a User placing an order should be read as the Buyer placing an order. The Platform is currently owned, operated and controlled by MCR BUILDERS POINT PRIVATE LIMITED.
The Terms of Use listed below integrate the Privacy Policy and are applicable to all Users of the Platform by installing, downloading, or even just browsing or accessing any section of the Platform or using any services provided there.
Once gained an access to use this platform irrespective of them being Suppliers or users they will be bound to certain Terms of Conditions which goes as follows.
USER ELIGIBILITY
User in this platform are legally bound to certain rights and accessibility while using it. If at all any user fails to meet the conditions herein can be terminated with access availability at any moment.
The information provided by the users should be accurate as of his/her knowledge and a regular update over the information is essential. If incase, the user fails to provide accurate information will be constituted to breach of these terms/conditions.
During the registration process the users will be required to create a username & password by providing their email address & other contact information or the provision for registering through social media platform like Facebook & Google can be made use of. Upon registration, the Users may be required to complete a verification process as part of setting up their accounts.
The supplier reserves the right to make any changes in the specification of the goods without any prior notice to the customer whereas this term is excluded to the quality of goods after being ordered.
Impersonating a person, use of rights of any other person/company without authorization deems to be inappropriate.
When the user accepts to create an account in this platform, he will be substantially bound to provide accurate information, updating the information and also holds responsibility for all the activities that occur under the user’s account.
Any liabilities incurred by a third party by using user’s id & password & if the user ever has any reason to believe that their password has been compromised, they must immediately notify/contact the company, who will then provide them a new password.
If the user’s account being used by third party is notified then the user’s account will be immediately suspended or terminated without any refund of pre-paid fees. The Company reserves the right to terminate or suspend User’s account /User’s access to use the Platform in the event that the information provided by the User during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or if the Users are found to be non-compliant with the Terms, Policies and/or the Privacy Policy as the case may be. In the event of such termination, User will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which the Company may be entitled.
The users are prone to provide valid/correct contact details (phone numbers, email-id) while registering into the company’s website/platform. By providing the Company with their phone numbers/email id, the Users gives the Company permission to contact them by phone, SMS, or instant messaging for purposes of subscription/service/promotional updates, verification, or other purposes. Users can choose to receive subscription, service, or promotional updates & if incase the contact details (phone number/email address) provided is false/not in use/out of service/blocked by the user or service provider or the User is otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the User effectively.
Despite anything to the contrary herein, the User acknowledges and agrees that they shall not own or otherwise have a property interest in their account. They also acknowledge and agree that all rights in and to their account are and shall always be the property of the Company and benefit it. However, a User is solely responsible for any and all actions conducted under his or her account, and the Company is not in any way responsible for those actions.
MODIFICATION OF TERMS OF USE
The Company reserves the right to change these Terms of Use and or the Agreement at its sole discretion and at any time without personal notice to the User. If the Company makes a material change to these Terms of Use and or the Agreement it will update this page and post a notice on the Platform for a reasonable period of time, and will indicate the effective date of the changes at the top of both pages. It is the User’s responsibility to review these Terms of Use for any changes, and User’s access or use of the Platform after any changes made in the said Terms of Use constitutes User’s acceptance of and agreement to be bound by all changes. If User do not agree to be bound by the changes, User must immediately stop using the Platform. Any amendments to these Terms of Use shall apply prospectively from the date on which it is made or added to the Terms of Use and or Agreement.
EXCLUSION OF LIABILITY
This is a common platform provided by the company to enable the registered buyers to place order from the registered suppliers subjected to the terms of use/conditions to facilitate the placement of orders for the products. The Users acknowledges herewith, that the Company does not own, sell or resell products on its own nor does control the Suppliers. However, the company reserves the right to de-list any product from the Platform in its sole discretion.
For every product advertised or sold on the Platform, the Supplier shall be solely responsible for obtaining all necessary permits, licences, passes, etc., as required by the applicable laws. The Supplier is exclusively responsible for ensuring that all products offered and/or sold on the Platform are lawfully eligible for advertising, listing, and sales.
When the Buyer places an order, the Company would send confirmation electronically of respective orders to the concerned registered Suppliers & registered Buyers.
Further, the Company may inform the Buyer about the availability or unavailability or change in price of the order as informed by the Supplier concerned. When the Buyer places an order to purchase a product listed on the platform, the Supplier will receive an e-mail confirming receipt of the Buyer’s order and containing the details of Buyer’s order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that the Company has received for Buyer’s order, and does not confirm acceptance of Buyer’s offer to buy the product(s) ordered. The Company only accepts Buyer’s offer, and conclude the contract of sale for a product ordered by the Buyer, when the product is dispatched to the Buyer and an e-mail confirmation is sent to the Buyer that the product has been dispatched via “Dispatch Confirmation E-mail”. If Buyer’s order is dispatched in more than one package, the Buyer may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale for the product(s) specified in that Dispatch Confirmation E-mail. Buyer can cancel order for a product at no cost any time before the Company send the dispatch confirmation E-mail relating to that product and minimum refund will be costed including labour, shipping & other charges if the buyer cancels the products any time after the Company sends the Dispatch Confirmation E-mail relating to that product.
It is the sole responsibility of a supplier to not sell anything that is not legally permitted under the applicable laws. The list of things which are prohibited to sell in the Company are as follows:
Anything other than construction materials, renting of commercial vehicles, construction equipment’s & offering construction services.
Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.)
Alcohol
Animals and wildlife products – examples include live animals, mounted specimens, and ivory
Artifacts
Counterfeit goods and services infringing the IP (as defined below)
Crude oil
Electronic surveillance equipment prohibited by law
Goods from prohibited countries
Endangered species of animals and plants, whether alive or dead
Event tickets which are exempted from resale by law
Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns
Any financial services
Food and health care items without holding requisite permits
Grey market products
Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
Government issued documents like passports etc.
Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
Human remains and body parts
IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights
Liquefied petroleum gas cylinder
Lottery tickets
Mailing lists and personal information
Maps and literature where Indian external boundaries have been shown incorrectly
Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription
Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985
Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture
Radioactive materials
Reptile skins
Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
Stocks and securities
Stolen property
Tobacco
Any other sanctioned or prohibited items or services as per applicable laws
Any other item deemed unfit by Company.
NOTE: No Selling of Commercial vehicles and Construction equipment’s wherein users can directly contact the merchants/ vendors for renting and to negotiate with the prices.
However, Buyer also understands and acknowledge that as a buyer it is their responsibility to ensure that at no point the above-mentioned Products can be purchased on the Platform in any unlikely event.
The company on behalf of the Supplier can accept the payments from the User’s only if the Supplier acknowledge the Company to indulge in it. Upon payment of the amounts to the Company, which are due to the Supplier, the payment obligation to the Supplier for such amounts is completed, and the Company will be responsible for remitting such amounts, to the registered Supplier. The Users understand, accept and agree that the payment facility provided by the Company 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.
The Supplier will make an effort to ensure that the product photos accurately depict how the products appear in real life and that product colours and images are displayed in stores as accurately as feasible.
The whole obligation and duty for handling any returns or refunds rests with the Supplier. The Suppliers alone are in charge of informing, overseeing, and organising any refunds or returns. It is not the Company’s responsibility to handle any returns or refunds.
All the prices are inclusive of service tax, Goods & Service tax (GST), VAT/CST and all the other duties & cess applicable unless stated otherwise. All the transactions are OTC/bilateral that occurs between the Suppliers & the Users and the company is not liable to charge or deposit any taxes applicable on such transactions.
The Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules); is the direst act bounded by the Suppliers.
As per above mentioned act and regulation and any other relevant law in place during the tenure of this association, the Company understands that there is an obligation on the Supplier to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the Supplier to comply with applicable laws and the Company shall not be held responsible in any manner. Suppliers shall indemnify the Company and the Platform for any harm or loss in relation to contravention of above regulations.
BENEFITS TO THE BUYER & SUPPLIERS BY THIS PLATFORM
Buyers can order any kind of building materials directly from the suppliers through our app/website and get it delivered to the prescribed locations by the manufacturers directly where location can be updated using google maps.  The users will have various options while choosing the products as there will be n number of suppliers.
The Users understands that any order that they place shall be subject to the terms and conditions set out in these Terms.
The Users agree to provide current, complete and accurate purchase and account information for all purchases made at on the Platform. The Company endeavours to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Platform.
The User understands that all the discounts, wallet facilities and offers offered by the Company can be subject to any other terms in addition to these terms & conditions.
Buyers can order any kind of building materials directly from the Suppliers through our app/website and get it delivered to their prescribed locations which can be updated using Google maps.
A Supplier once registered in the website can use it as a Buyer and a supplier can sell n number of products and reach n number of customers which inturn increases the marketability & benefits in obtaining wide recognition for the Suppliers.
GST inclusive e-invoices will be generated which will be beneficial for both Suppliers & Buyers in order to keep track of bills and which reduces the havoc in later phases.
Buyers will be benefited by sourcing the products at lowest best price possible as it is shipped directly from the Suppliers.
Buyers will be accessible to n number of genuine Suppliers and the products posted in the website can be sorted or filtered as per to the Buyers requirements.
A Buyer can check the product availability in their prescribed locations by inputing the pincodes where the nearby Suppliers will be accessed.
The products are reviewed, rated based on the quality by the Buyers and this in turn increases the popularity & Sales for the Suppliers.
Once the product is ordered in the website the Buyer gets online tracking of the order until it is delivered to their location.
A Supplier can rent commercial vehicles & construction equipments where the Buyers can contact directly the Suppliers and negotiate based on their requirements & availability of the vehicles & equipments for renting.
A Supplier offering the construction services shares the field of expertise so if any customer requests for construction services can be routed to the Suppliers with prescribed experience.
PURPOSE OF THE PLATFORM & ITS RESTRICTIONS OF USAGE
Platform is only made available for legal uses. By accessing or using the platform, the user guarantees that while using the platform, the following will not eventuate:
Manipulate the Platform in any way not intended and directed by the Company.
Copy or seek to copy or “rip (Routing Information Protocol)” any content from the Platform.
Exploit any part of the Platform for commercial gain or undertake any commercial activity utilizing the contents of the Platform in any way not intended and directed by the Company without the prior written consent of the Company.
Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public.
Any material that is false, unlawful, threatening, disparaging, abusive, libellous, defamatory, obscene, vulgar, offensive, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in The Company’s sole discretion is otherwise objectionable information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
Material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Platform or interferes with, overburdens, impairs or disrupts the Platform, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
Use or attempt to use another person’s information, account, password, service or system except as expressly permitted.
Impersonate another person or entity.
Engage in any conduct that in the Company’s sole discretion restricts the ability of any other person to enjoy the use of the Platform.
Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about Users except unless provided by the User to another.
Directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable laws, rules, regulations or guidelines for the time being in force.
SUBSCRIPTION FEES
The subscriptions for the service provided will be prescribed by the company at time to time. Liability for the Subscription Fees shall accrue from the Date of Commencement.
All individual Buyers who access to the Site for the purpose of services shall be exempted from the application of this clause. But the Suppliers will be liable to it while posting the commercial vehicles & construction equipment’s for renting it to the Buyers.
REFUND AND CANCELLATION
Customer must view store policies which includes shipping policy, refund policy, cancellation policy at the product page updated by the vendors.
Note: Shipping policy, refund policy and cancellation policy will be different for each product and all of this will be given by vendors themself.
Only if product rejection occurs on basis of quality, fake products or wrong products a customer can report to info@builderspoint.in or builderskarnataka@gmail.com with proofs where the customer will be refunded with the accurate amount paid for the product within 7 business days.
Buyer can cancel order at no cost any time before they receive dispatch confirmation E-mail
Buyer can cancel order at minimum cost (Shipping, Transportation, labour & other charges etc) any time after the Company send the Dispatch Confirmation E-mail relating to that product. It takes up to 7 business days for partial refund.
DISCLAIMERS WARRANTY & LIMITATIONS OF LIABILITY
The Company endeavors to make the Platform available during the Company’s working hours. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
The Company does not warrant that the Platform will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading, installing and or accessing the Platform.
The Company does not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable.
The Suppliers shall be solely responsible about the details pertaining to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to the Users, and in no event shall such products be the responsibility of the Company.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
The Company does not at any point of time during any transaction between any Supplier and a User take possession of any of the products offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products. The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Company only provides a Platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the Suppliers and the Buyers concerned.
The Company shall not be liable for any misuse of the information shared by the Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.
The Platform may be under constant upgrades, and some functions and features may not be fully operational.
The Platform is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.
The Company makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be corrected.
The Company does not represent any of the Buyers or Suppliers, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Suppliers or Buyers displayed on the site. Any information provided with respect to the Users and fees payable is subject to change without notice. Any trademark, word mark or intellectual property of any Users or Suppliers belongs to such Users/Suppliers alone, and the Company has no right or claim over the same.
Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform have the right to sell the products. The Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.
The Users further acknowledge and agree that by taking down a listing, the Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which the Company declines to take down a listing, the Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard. 
The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for: (i) any content or products provided by any persons or entities other than the Company; or (ii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, 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 Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.
Inter alia, the Company does not guarantee that:
The Platform will meet the Users’ expectations; or
The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
The results obtained through use of the Platform will be correct and reliable; or
The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, unless stated otherwise.
LOSSES/FORFEITS
The Company will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both the User and the Company when the User commenced using the Platform.
EVENTS BEYOND COMPANY’S REASONABLE CONTROL
Any delays or failures to fulfil our duties under these terms that result from any cause outside of our reasonable control will not be held against the Company. Users’ statutory rights are not compromised by this circumstance.
PROPREITARY RIGHTS/OWNER/OWNERSHIP RIGHTS
The Company owns, operates, licenses, controls, and provides access to the Platform. User acknowledges and agree that the Company and its licensors, retain all right, title and interest in and to all past, present and future Content, (excluding User Provided Content, i.e., materials, photographs, portfolios that Users uploads on the Platform), applications, software, content and materials provided on or through the Platform (including, without limitation, the audio-visual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Platform the compilation of all content and materials on the Platform and the business process, procedures, methods and techniques used in the Platform) and all associated copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
“MCR Builders Point” logo is a registered trademark of MCR BUILDERS POINT PRIVATE LIMITED, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Platform are the property of the Company unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. The Company’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages the Company and/or its name, image and goodwill.
All third-party trademarks, logos, photographs, images, audio and audio- visual content, programming, excluding other intellectual property contained on or within the Platform are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws. Each such third party expressly reserves all rights into such intellectual property. Use of third-party software or services is subject to the terms and conditions of the applicable third-party license agreements, and the User agrees to look solely to the applicable third party and not to the Company to enforce any of User’s rights in relation thereto. Except as expressly set forth in these Terms of Use or otherwise expressly granted to User in writing by the Company, no rights (either by implication, estoppel or otherwise) in or to the Platform or their contents are granted to User.
USER PROVIDED CONTENT
Portions of the Platform may allow User to upload information including but not limited to data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Platform (“User Provided Content”). For User Provided Content (such as portfolio, announcements, pricings, offers etc.), the Company is merely hosting and providing access to the same to its different Users.
The decision to submit User Provided Content to the Platform is Users responsibility and User should only submit content that belongs to the User or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, the User represent, acknowledge, and warrant that:
The User has the right to do so or that he/she has obtained any necessary third-party consents (e.g., under privacy or intellectual property laws),
The User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and
No other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If User submits User Provided Content to the Platform on behalf of a group, organization or business entity, User represents that the User have the right to do so and that User have obtained any consents from the group, organization or business. Upon the request of the Company, User agrees to furnish the Company with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate Users compliance with this provision.
The Company does not vouch for the validity, accuracy or credibility of any User Provided Content on the Platform, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Platform. Through Users use of the Platform User may be exposed to content that User may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretences, international trade issues and foreign nationals. The Company does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Platform, User assumes all associated risks, and the Company expressly disclaims any and all liability in connection with User Provided Content, addition to the above, User grants to the Company, without any credit or compensation to the User, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sublicensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that the Company may publish or otherwise disclose User’s name in connection with the User’s User Provided Content.
User acknowledges, consents and agrees that the Company may access, preserve and disclose account information and User Provided Content that the User provides if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to:
comply with legal process,
enforce these Terms of Service,
respond to claims that any User Provided Content violates the rights of third parties,
respond to your requests for customer services, or
protect the rights, property or personal safety of The Company, its employees, partners and agents or members of the public.
The Company undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform. User acknowledge, consent and agrees that the Company may, at its sole discretion and without notice to User, review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, that the Company deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that the Company believes to be in violation of these Terms of Use.
User is solely responsible for all User Provided Content that the User makes available via the Platform. Under no circumstances will the Company be liable to the User in any way for any User Provided Content that User uploads, post, or otherwise make available via the Platform, including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Uploaded Information. In addition, User hereby release the Company from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted by the Agreement, the Company acquires no title or ownership rights in or to any User Provided Content that the User submits and nothing in the Agreement conveys any ownership rights in the User Provided Content that User submits to the Company.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by the Users or otherwise. The material on the Platform is provided for general information only and 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. The Users agree that the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users own risk.
The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Platform at any time, but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability.
The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.