Term & Conditions
Term & conditions
Last updated: January 02, 2018
BY ACCESSING OR USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY AND SUCH OTHER AGREEMENTS, AS MAY BE ADOPTED BY US FROM TIME TO TIME. PLEASE READ THESE TERMS CAREFULLY BEFORE ENTERING INTO A TRANSACTION ON THIS PLATFORM.
THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2021 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS TO OR USAGE OF THIS PLATFORM.
1. General
1.1 The Platform is owned and operated by ArchSpace Design Infra (“ADI”), whose registered office is at Sector-6, 65/261, Jank Marg, V.T.Road, Mansarovar, Jaipur – 302020.
1.2 Your use of the Platform is governed by the following Terms of Use as applicable and the Agreements (defined below) provided separately on the Platform and which are or may hereafter be incorporated herein by way of reference (“Terms of Use”). If You transact on the Platform, You shall also be subject to the Agreements that are applicable to the Platform for such Transaction. By mere use of the Platform, You shall be contracting with ADI, and these Terms of Use including the Agreements constitute Your binding obligations, with ADI.
1.3 For the purpose of these Terms of Use, wherever the context so requires:
(a) “Affiliate” shall mean, with respect to each party, any person or entity directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person/entity or otherwise controlling the other;
(b) “Platform” shall mean this internet based e-commerce services platform https://ADIarchitects.com/ and/or an application, website and/or web-page (including but not limited to any web app, marketing landing page(s), and/or iOS/Android app or any other app that the buyer may be using to access/communicate with ADI) (“Platform”), owned and/or operated, directly or indirectly, by ADI;
(c) “GST” means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes;
(d) “KYC Documents” means such ‘know your customer’ documents as may be required to be submitted to ADI from time to time;
(e) “Profile” means the individually identifiable profile of User created at the time of registering on the Platform;
(f) “Transaction” means the process of booking and availing Services (defined hereinafter);
(g) “User Content” means content including data or information of You, including Your rating, comments, reviews in relation to the services offered or the Platform, suggestions, questions or other information and includes any material that is generated, as a whole or in part, on the Platform, including, communication between Users, analytics and reports, trends, patterns, notes, messages, emails, designs, catalogues, posts and other communication that Users provide or receive, through Platform and any other project related information and documentation shared with the User;
(h) “We”, “Us”, “Our”, or “ADI” means ADI or any of its subsidiaries or Affiliates; and
(i) “You” or “User/s” means a legal person who is given access to use the Platform for the purpose of availing services on the Platform.
(j) “Contractors” or “Service Providers” means the independent third-party construction contractors listed on the Platform and offering construction services to the Users.
1.4 By accessing or using this Platform, You agree to be bound by these Terms of Use, the Privacy Policy and related agreements (“Agreements”). In the event that there are any conflicts between (a) the Privacy Policy and any other Agreements (other than these Terms of Use), the Privacy Policy shall take precedence to the extent of the conflict; (b) these Terms of Use and any other notices, disclaimers or guidelines appearing on the Platform, these Terms of Use shall take precedence to the extent of the conflict. These Terms of Use together with the Privacy Policy, and the other Agreements, and all other notices, disclaimers, guidelines appearing on the Platform from time to time, constitute the entire agreement upon which You are allowed to access and avail the Services.
1.5 The monies on the Platform are displayed in Indian Rupees. The price unless specified otherwise is exclusive of all applicable taxes including GST, customs duty, excise duty or other tax or levy that the User may be required to remit in connection with such a Transaction.
2. Services
2.1 ADI owns and operates the Platform, wherein ADI, using its proprietary technology and platform services, connects its Users with Contractors and facilitates delivery of building construction services (“Services”).
2.2 The User understands and agrees that the Platform services offered by ADI are not absolute or unconditional. Such services are subject to repudiation by ADIat any time and without any obligation to assign or provide any reason for such repudiation and without any consent from the User and without any liability or any obligation towards the User. You understand and agree that ADIhas the right to cancel any Transaction (a)for any reason, or (b)under an order or instruction from any statutory, quasi-judicial or judicial authority.
3. Access to the Platform
3.1 You may access and use the Platform only if You are 18 (eighteen) years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. ADIreserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to ADI’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract.ADIreserves the right to refuse access to use the Services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.2 On the condition that You comply with these Terms of Use and the Agreements, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform. ADIfurther grants You a limited licence to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any resale or commercial use of this Platform or its contents; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools.
4. Your Profile and Your Information
4.1 Users are required to register on the Platform by submitting the requisite documents and information and subsequently creating a Profile. Upon successful registration, Users will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Platform using Your username or password and for all the information / content posted under Your Profile. Users are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of ADImay assist the Users with creating their account and registering them on the Platform.
4.2 By creating a Profile, You confirm that the information in Your Profile is accurate, genuine and will be regularly updated and You shall immediately notify Us of any unauthorised use of Your Profile or any other breach of these Terms of Use or security known to You.
4.3 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ADIhas reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ADIhas the right to suspend or terminate Your Profile and refuse any and all current or future use of the Platform / Services (or any portion thereof).
4.4 By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify ADIof any unauthorized use of Your Profile or any other breach of security, and (b) ensure that You exit from Your Profile at the end of each session. ADIcannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
4.5 Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
4.6 You agree that ADIshall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs in Your Profile in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
4.7 ADI does not pre-screen Your Profile information or User Content. However, ADIat its discretion and in accordance with applicable law may monitor any content or information posted by You and may remove any User Content from the Platform if ADI determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where ADIremoves User Content from the Platform, ADIwill make reasonable efforts to inform the User who had posted such User Content. Such actions do not in any manner, negate or dilute ADIposition as an intermediary or impose any liability on ADIwith respect to User Content.
4.8 Depending upon the nature of Services You wish to avail from the Platform, You may be required to provide certain personal information and ADImay collect certain personal information. Your provision of, and ADI’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by ADI’s privacy policy.
4.9 Further, You authorize Us to:
(a) collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the computer / device from where the Platform was accessed;
(b) either directly, or through third parties, verify and confirm information in Your Profile;
(c) contact You using the information in Your Profile and provide promotional materials that may be of interest to You;
(d) use any and all of the information provided by You to create Your Profile; and
(e) modify, limit or delete Your Profile as may be required.
5. Electronic Execution and Communications
5.1 When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. ADImay communicate with You by email or by such other mode of communication, electronic or otherwise.
5.2 ADI will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice.
6. Platform for Transaction and Communications
6.1 The Platform is only for providing a venue for communication and payment services and it is agreed that the contract in respect of the construction services shall be a strictly bipartite works contract between the Users and the Contractors. At no time shall any right, title or interest over the items vest with ADI nor shall ADI have any obligations or liabilities in respect of such contract, except for certain facilitative, transaction support and payment-related services as provided in agreements entered into between Users, Contractors, franchisees and Us.
6.2 All commercial / contractual terms are offered by and agreed to between Users and Contractors alone. The commercial / contractual terms include without limitation price for construction of the residential project, purchase of materials, shipping costs for the materials, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Users and Contractors. Without prejudice to the foregoing, the Platform may provide certain transaction support services to Users and Contractors of the Platform.
6.3 ADI is not responsible for any non-performance or breach of any contract entered into between Users and Contractors. ADIcannot and does not guarantee, warrant, assure or ensure that the Users and Contractors will perform, undertake, consume or conclude any transaction on the Platform. Platform shall not and is not required to mediate or resolve any dispute or disagreement between the Users and Contractors.
6.4 Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the services proposed to be offered on the Platform.You are advised to independently verify the bona fides of any particular Contractor that you choose to deal with on the Platform and use your best judgment in that behalf. In particular, Platform does not implicitly or explicitly support or endorse any particular construction services on the Platform. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6.5 The function of the Platform is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Platform does not:
(a) initiate the transmission;
(b) select the receiver of the transmission; and
(c) select or modify the information contained in the transmission.
7. Use of the Platform
7.1 You agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the Platform any information, that:
(a) belongs to another person and over which you have no right;
(b) harms minors in any way;
(c) contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
(d) defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;
(e) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(f) is false, inaccurate or misleading in any way; infringes any patent, trademark, copyright or other proprietary rights;
(g) violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) abets or assists with impersonating another person; contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information
(i) conducts or forwards surveys, contests, pyramid schemes or chain letters;
(j) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(k) interferes with another’s use and enjoyment of the Platform;
(l) creates profiles or provides content that promotes escort services or prostitution;
(m) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or disrupts public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
(n) uses any other internet service to send or post spam to drive visitors to any other site hosted on or through Our systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party;
(o) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other Users;
(p) contains any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, the Indian Penal Code, 1860, Terms of Use or Privacy Policy, as amended / re-enacted from time to time; or
(q) violates any law for the time being in force.
7.2 You further agree to make use of the Platform in a bona fide manner. In particular, You agree not to:
(a) print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or information posted by any User other than You;
(b) use or attempt to use another person’s Profile;
(c) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Platform Services by hacking, password “mining” or any other illegitimate means;
(d) probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security or authentication measures on the Platform or any network connected to the Platform;
(e) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
(f) use any automated systems to extract data from the Platform;
(g) make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or any User on the Platform;
(h) make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ADI’s Company, affiliates, or ADIon the Platform or otherwise tarnish or dilute any ADIGroup Company or ADI’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 Us;
(i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Our systems or networks, or any systems or networks connected to Us;
(j) circumvent or manipulate our Platform, Platform Services, registration process, billing system, or attempt to do so;
(k) engage in commercial activities and / or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
(l) engage in deceptive, fraudulent, anti-competitive practices or other invalid means to meet the other User’s requirements;
(m) engage in any form of fraudulent traffic generating methods including use of robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic;
(n) use the Platform for any purpose that 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 ADIor other third parties;
(o) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; or
(p) violate any applicable laws or regulations for the time being in force within or outside India;
7.3 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, Statutes, Ordinances and Regulations (including, but not limited to GST, income tax, octroi, central excise, customs duty, local levies) regarding Your use of the Platform. You shall not engage in any transaction in an item or service, which is prohibited by applicable law.
7.4 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Platform. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
7.5 You hereby expressly agree that any Services availed by the You will not be bartered or in any way used for any commercial purposes or for profit. You hereby acknowledge that the Services availed are not transferrable to any third party for profit. Accordingly, ADIreserves the right to cancel any orders that classify as ‘Business Use’ as determined by ADIas per certain criteria. An order can be classified as ‘Business Use’ if it meets certain criteria adopted by ADIfor the purpose of identifying ‘Business Use’, including but not limited to:
(a) Services availed for commercial use and not for self-consumption;
(b) Multiple orders placed for same Services at the same address;
(c) Invalid address given in order details; or
(d) Any malpractice used to place the order.
(e) There may be certain orders that ADIis unable to process or pass on User’s order to the Contractor and must cancel. Some situations that may result in ADI’s inability to process or pass on User’s order to the seller include, without limitation, non- availability of the Platform, force majeure, credit limitations or suspected fraud.
7.6 You shall use this Platform, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
7.7 You may need to install updates that we or any third party introduces from time to time to use the Services including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Platform you have installed requires that you have agreed to receive such automatically requested Updates.
7.8 The Platform may allow you to post certain content, data or information of Your own such as allowing You to rate Services, Contractors etc. on specific pages of the Platform, as well as submit any suggestions, comments, questions or other information to ADIusing the Platform / Services (collectively referred to “Posted Content”). You, being the originator of the Posted Content, are responsible for the Posted Content that You upload, post, publish, transmit or otherwise make available on the Platform. You represent that you have obtained all relevant consents and approvals in order to post any Posted Content. You further represent that all such Posted Content will be in accordance with applicable law. You acknowledge that ADIdoes not endorse any Posted Content on the Platform and is not responsible or liable for any Posted Content. ADIreserves the right to disable access to the Posted Content on the Platform.
7.9 Unless otherwise specified, the Services provided on the Platform is presented solely for use in India. ADImakes no representation that the Services offered on the Platform are appropriate or available for use in other locations other than India. Those who choose to access the Platform from other locations / countries other than India, do so on their own initiative and ADIis not responsible for such actions.
8. Payment
8.1 Presently, ADIdoes not levy any fee for browsing the Platform. ADI may charge You certain fees for the use of the Platform and Services as a whole, or certain features of the Platform/Services. You agree to pay any such fees, as may be applicable to the Services that You use. ADIwill try to ensure that You are made aware of the applicability of any fees for a particular use of the Platform/ Services, as well as the amount of fees payable by You for any such use of the Platform/ Service. You agree that ADImay, at any time, charge, modify or waive fees required to use the Platform. Your continued use of the Platform / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
8.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or e-wallet details for availing Services on the Platform. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or e-wallet which is not lawfully owned by You, i.e. in any transaction. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or e-wallet. ADI expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account or net banking details or e-wallet.
8.3 You agree that the Transactions, transaction price and all commercial terms such as provision of Services are principal to principal bipartite contractual obligations between the User and the Contractors listed on the Platform (and are subject to the terms of the bi-partite construction contract executed between themselves), and the payment management and coordination facilities offered by ADI are merely platform services used by the Users to facilitate the Transaction. You further agree that ADI is an independent contractor for all purposes and does not have control of or liability in relation to the construction services that are offered by the Contractors listed on the Platform.
8.4 You acknowledge that ADI as an ecommerce platform is required to deduct TCS on GST as per CGTS Act 2017 and TDS as per Income Tax Act 1961. All payment to the Contractors shall be made net of such deductions as applicable.
8.5 Users may be required to pay additional charges / fees for Services availed by them on the Platform. Use of the payment facility shall not render ADI liable or responsible for non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of services or warranty services or fraud as regards the Services listed and/or offered on the Platform.
8.6 All payments made against the provision of Services on the Platform shall compulsorily be in Indian Rupees or such other currencies as may be notified by the Platform from time to time. The Platform will not facilitate Transaction with respect to any other form of currency. The Platform facilitates payments through one or more of: (i) net banking, (ii) NEFT, (iii) RTGS (iv) credit / debit card; (v) cheque and (vi) e-wallets or any other facilities as as made available by ADI from time to time. A portion (full or in part) of the price for the Services may be required to be paid by the Users as an advance as per options made available on the Platform and the Agreements from time to time, and the balance amount of the Price will be required to be paid basis milestones agreed under the Agreements.
8.7 You hereby specifically authorize ADI or its service providers to collect, process, facilitate, and remit payments and / or the transaction price electronically or by cheque, as the case may be, to and from You in respect of Transactions through payment facility.
8.8 Bank Instruments and Transfers:
All online bank transfers (National Electronic Funds Transfer (NEFT) and real-time gross settlement (RTGS)) from valid bank accounts and cheque payments are processed using the payment gateway provided by the respective issuing bank which supports payment facility to provide these Services to the Users. All such online bank transfers and cheque payments on payment facility are also governed by the terms and conditions agreed to between the Users and the respective issuing bank.
8.9 Credit / Debit cards:
All valid credit / debit / cash card / and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between Users and the respective issuing bank and payment instrument issuing company. The information provided by a User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The User will be solely responsible for the security and confidentiality of their credit / debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of the User’s credit / debit card. You must use Your own credit / debit card for a Transaction.
8.10 E-wallets:
Payments through e-wallets are processed through third party service providers. The same will also be governed by the terms and conditions agreed to between Users and the respective payment instrument issuing company.
8.11 Users may also avail of financing facilities from financial partners on the Platform, if any and as and when made available by the Platform, in which case the payment for the Services will directly be received from such financial partners. In case a financial partner fails to disburse monies when required by the Platform on an order placed by You, You shall be liable to make such payment as and when demanded by ADI
