Terms & Conditions

The domain name www.buildwale.com (hereinafter referred to as “Website”) is owned by AG Project Solutions, with its registered office at No 19, Laggere Main Road, Parvathi Nagar, Peenya 3rd Phase, Bengaluru – 560058, INDIA (hereinafter referred to as “AGPS” or “Buildwale”).

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that apply to the Website for such transactions. By mere use of the Website, you shall be contracting with AGPS and these terms and conditions including the policies constitute your binding obligations, with AGPS.

For the purpose of the purpose of these Terms of Use, wherever the context so requires “You”, “YOUR”, “buyer” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User. AGPS allows the user to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean AGPS or Buildwale.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Buildwale Policies (including but not limited to Privacy Policy) as amended from time to time.

 Membership Eligibility
1.      Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Buildwale website and shall not transact on or use the website. As a minor, if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. Buildwale reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Buildwale’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations
2.      If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications
3.      When You use the Website 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 from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication
4.      The Website is a platform that Users buy their products on the platform, for their transactions.

Henceforward:

Warranty
4.1    Buildwale does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Buildwale does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Buildwale accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by the Buildwale may be incorrectly reflected and in such an event, the Buildwale may cancel such order(s).

Charges 
Membership on the Website is free for buyers. Buildwale does not charge any fee for browsing and buying on the Website. Buildwale reserves the right to change its Fee Policy from time to time. In particular, Buildwale may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Buildwale reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Buildwale.

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

5.1.1       You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which You do not have any right to;
5.1.2 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
5.1.3       is misleading in any way;
5.1.4       is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
5.1.5       harasses or advocates harassment of another person;
5.1.6       involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
5.1.7       promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
5.1.8       infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
5.1.9       promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to complain about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
5.1.10 contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
5.1.11 provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
5.1.12 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
5.1.13 contains video, photographs, or images of another person (with a minor or an adult).
5.1.14 tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
5.1.15 engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, Buildwale’s prior written consent means a communication coming from Buildwale’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
5.1.16 solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
5.1.17 interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
5.1.18 refers to any website or URL that, at Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
5.1.19 harm minors in any way;
5.1.20 infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
5.1.21 violates any law for the time being in force;
5.1.22 deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
5.1.23 impersonate another person;
5.1.24 contains software viruses or any other computer code, 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;
5.1.25 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.1.26 shall not be false, inaccurate or misleading;
5.1.27 shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
ab. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

5.2    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 or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

5.3    You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

5.4    You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the Website.

5.5    You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Buildwale.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Buildwale on the platform or otherwise tarnish or dilute any Buildwale’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. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Buildwale’s systems or networks, or any systems or networks connected to Buildwale.

5.6    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

5.7    You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

5.8    You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Buildwale and or others.

5.9    You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under 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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

5.10 Solely to enable Us to use the information You supply Us with so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

5.11 From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

5.12 You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

5.13 We reserve the right, but have no obligation, to monitor the materials posted on the Website. Buildwale shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU remain solely responsible for the content of the material you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect Buildwale views. In no event shall Buildwale assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

5.14 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

5.15 It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

5.16 Buildwale shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site
6.1    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Buildwale has no control over such third party user generated content as Buildwale is merely an intermediary for the purposes of this Terms of Use.

6.2    Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Buildwale’s express prior written consent.

6.3    You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

6.4    You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy
7.1    We view the protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available on the privacy policy page. If You object to Your Information being transferred or used in this way please do not use this Website.

7.2    We and our affiliates will share/sell / transfer/license / convey some or all of your personal information with another business entity should we (or our assets)plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.Buildwale.com or with third party merchant’s or third party merchant’s website.

Warranty or Guarantee
8.      Any material or product or services that are available on the Website may or may not carry a warranty with it unless explicitly given in writing to you.

8.1    All materials that are available on the Website are provided “as is” and “as available” basis. Warranty of products sold through Buildwale shall be following the terms of the Manufacture or the Vendor. In case, material or products fails to perform as claimed or mentioned by the manufacturer or vendor’s specification. The buyer will test the materials with the third party agency, produce the test results to the vendor or manufacturer directly for such claims. All costs and effort for such testing purposes will be borne by the buyer.  In any circumstance, Buildwale or any of its employees shall not be held responsible for any liability or claim arising from a breach in the warranty of a product or services sold on the Website.

8.2    Buildwale shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Manufacture.

Payment Facility for Buyers:

9      You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Buildwale to purchase the products and /or services from the Buildwale using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank by using the Payment Facility.

9.1    We want to make shopping as convenient as possible for you. We accepted a wide range of payment options for Buildwale online shoppers.

  • Payment by debit cards or credit cards
  • Internet banking
  • Cash on Delivery or Cash before Delivery, if available for the relevant Product
  • Bank Transfer – RTGS or NEFT Transfer

9.2    All the products can be purchased through RTGS or NEFT Transfer. Once the order is placed, our Bank account details will be mailed to you and the order will be processed once the payment is realized on our bank account.

9.3    Some of these payment methods may not be available at all times, and the Buyer may be required to choose another form of payment. Further, each payment method the Buyer chooses may be subject to certain restrictions or conditions as detailed in these Terms.

9.4    Payment Option

  • Full payment
  • 10% payment at the time of booking and balance 2 days before the delivery date(RTGS or NEFT Transfer), whichever is earlier.
  • 50% payment at the time of booking and balance on delivery but before unloading.

This option is only available if the order value is less than Rs.20,000/-.

9.5    Some of these payment methods may not be available at all times, and the Buyer may be required to choose another form of payment. Further, each payment method the Buyer chooses may be subject to certain restrictions or conditions as detailed in these Terms.

9.5    Buildwale reserves the right to impose limits on the number of Transactions or Transaction Price which Buildwale may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time, and reserves the right to refuse to process Transactions exceeding such limit.

9.6    Buildwale reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyers with Buildwale or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

9.7    Buildwale may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Buildwale. As a result of such check, if Buildwale is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

9.8    The Buyer acknowledges that Buildwale will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Buildwale.

Returns, Refund, and Replacement Policy
We value our customers so we assure our buyers that all products sold on this website are 100% GENUINE.
In case you receive a product that is ‘Not as mentioned’, ‘Defective’ or ‘Damaged’ we are here to resolve.

10.    Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer on the Buildwale website. Following situations may arise:

  • If the size of the dimension of the ordered Product is not as specified in the order and is beyond the tolerance limit(as per industry standard).
  • If the materials delivered are different from the materials ordered.
  • If a packed Product delivered is found tampered with.
  • If it is found that received Products are defective or malfunctioning

A replacement request should be raised by a Buyer at the time of original unloading by sending a mail to admin@buildwale.com with the following information below

  • Buyer’s Order-ID
  • Time of delivery of the Products
  • Date of Material Receipt
  • Reasons for replacement

Replacement will be done within 3 to 7 working days time from raising the replacement request by the Buyer. This solely depends upon the availability of the Products at our end.

10.1  Subject to the above(10), when a Buyer has requested for a replacement of Product(s) and the Buildwale does not have a replacement of the Product(s), in such cases the Buildwale can agree to a refund to the Buyer and the Buyer shall be obligated to accept the refund in place of a replacement. The refund will be carried out through an online bank transfer via NEFT/RTGS

Note: Refund Processing: You should expect to receive your refund within 5-7 Days of giving your product(s) to the return shipper

10.2 Returns are NOT valid if:

  • A Product is used and/or is found to have been tampered with by a Buyer. This includes faulty storage.
  • The Product has been opened/used, either fully or partially.
  • A Product is not properly installed or used as per the manufacturer’s guidelines/industry standards which resulted in damage or malfunctioning.
  • A return is not notified within time as specified.
  • A Product cannot be exchanged for another product.
  • Partial returns/leftovers of delivered Products are not accepted.

10.3 Variation and Breakage:

Some products have a percentage of breakage which is normal and acceptable.

  • For AAC Lightweight Blocks, Bricks, and Concrete Blocks – breakage up to 5% should be acceptable, chipping of blocks at edges & corners is not considered as breakage.
  • For Walls, Floorings, and Roofing categories, breakage up to 3% should be acceptable.
  • For Aggregates breakage up to 2% should be acceptable

10.4 No returns:

Customized products & other fragile products.

Points to be noted:
10.5 To qualify for a replacement/return, your product order must:

  • Be in its original packaging
  • In the same condition as it was when it arrived at your home or job site
  • Not have been used, installed, or marked in any way

10.6 Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
10.7 For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favor of the Buyer (As per registration details provided by the Buyer)
10.8 Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
10.9 For electronics payments, the refund shall be made through a payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
10.11 Refund shall be conditional and shall be with recourse available to Buildwale in case of any misuse by Buyer.
10.12 Refund shall be subject to Buyer complying with Policies.
10.13 The Buyer acknowledges that Buildwale will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Buildwale.

Cancellations Policy
11.    Cancellations are accepted under the following circumstances

  • Ordered Products are NOT in transit or orders have NOT yet been processed
  • A shipment once arrived at a Buyer’s doorstep cannot be canceled for any reason other than mentioned in the return policy above.

11.1 Partial Cancellations / Modifications:
In case a Buyer wants to partially cancel some Products from the order placed, the same needs to be notified to the customer care of Buildwale.com immediately and a new order has to be generated for the modified quantities.
NOTE:  Cancellation/Modification requests should be Initiated before the Products is ordered/processed
All orders are subject to acceptance by Buildwale.com

Shipping Delivery Policy
Buildwale will make its best effort to ensure that we deliver the product according to the delivery schedules mentioned on the Website, at the time of confirming the order.


Buildwale will make its best effort to ensure that the delivers the product according to the delivery schedules mentioned on the Website, at the time of confirming the order.

12.0   The delivery date mentioned is an estimated date. In any case, if delivery is not done at the preferred date or time, as requested by the Buyer, Buildwale shall not be held responsible for the same and shall not be liable for any direct or indirect damages or losses arising due to the same.

12.1 The Buyer is responsible for unloading the material. Otherwise, it is mention on the product page.
Subject to the above(12.1), when the unloading is in Buildwale’s scope. Then shipping for building materials would be done to ground level only (Not more than 10 feet from the delivered vehicle to the storage location).

12.2     If the unloading is to be made above ground level, an additional shipping cost will be charged by the Buildwale / vendor / logistic partners. In such cases, the Buildwale can refuse to unload the material Buyer shall be obligated to accept. Then the Buyer is responsible for unloading the material.

12.3 For any reason, you would want to postpone the shipment date, Buildwale has the right to retain the cost of handling and storage cost during this time to hold the material or products at the Buildwale warehouses or logistics partners.

12.4 You will be responsible to give a safe environment, legal address, and accessible pathway to deliver the shipment. Failing to provide such, shipping charges will be charged with other taxes if any.

Services Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
13.1 Lack of authorization for any transaction/s, or
13.2 Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
13.3 Any payment issues arising out of the transaction, or
13.4 Decline of transaction for any other reason/s

All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Website.
Before shipping / delivering your order to you, Buildwale may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Compliance with Laws:
14. Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Buildwale.com Website.

Buyer’s arrangement with Issuing Bank:
15.1 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 the Buyer and the respective Issuing Bank and payment instrument issuing company.
15.2 All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Indemnity
16.    You shall indemnify and hold harmless Buildwale, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law
17.    Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru Only.

Jurisdictional Issues/Sale in India Only
18.    Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Buildwale make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Buildwale is 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.

Trademark, Copyright and Restriction
19.    All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint
Buildwale respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Buildwale at support@buildwale.com.

Product Description
20.    Buildwale does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability
21.    In no event shall Buildwale be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the possibility of such damages.

Contact Us
22.    Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at support@buildwale.com

Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mrs. G Kumar
AG Project Solutions
No 19, Laggere Main Road, Parvathi Nagar,
Peenya 3rd Phase, Bengaluru – 560058, INDIA
Phone: +91 9342972266
Email: grievances@buildwale.com
Time: Mon – Sat (9:00 – 18:00hrs)

POLICIES
Profanity Policy
23.    Buildwale prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Web pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, Buildwale will ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning. Buildwale will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:

  • Limits placed on account privileges;
  • Loss of special status;
  • Account suspension.

 

Email Abuse & Threat Policy
25.    Private communication, including email correspondence, is not regulated by Buildwale. Buildwale encourages its Users to be professional, courteous and respectful when communicating by email. However, Buildwale will investigate and can take action on certain types of unwanted emails that violate Buildwale policies.

Such instances:

  • Threats of Bodily Harm – Buildwale does not permit Users to send explicit threats of bodily harm.
  • Misuse of Buildwale System – Buildwale allows Users to facilitate transactions through the Buildwale system, but will investigate any misuse of this service.
  • Spoof (Fake) email – Buildwale will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
  • Spam (Unsolicited Commercial email) – Buildwale’s spam policy applies only to unsolicited commercial messages sent by Buildwale Users. Buildwale Users are not allowed to send spam messages to other Users.

Violations of this policy may result in a range of actions, including:

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of special status

 

Other Businesses
26.    Buildwale does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Buildwale assumes no responsibility for examining or evaluating the products and services offered by them. Buildwale do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Buildwale does not endorse, in any way, any third party website(s) or content thereof.

Buildwale Infringement Verification (FIV) – Reporting Listing Violations
27.    Buildwale has put in place Buildwale Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights.

  • If you are a Verified Rights Owner and want to report a listing issue, see Buildwale’s FIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through FIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
  • If your listing was removed through FIV, and you believe that your listing was removed in error, please contact us.

FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. FIV participants have the ability to identify and request removal of allegedly infringing products and materials.

Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Buildwale is encouraged to become a FIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:

  • Rapid response by Buildwale in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
  • Dedicated priority email queues for reporting alleged infringements
  • The ability to obtain identifying information about Buildwale’s users’

Notice of Infringement
AG Project Solutions
No 19, Laggere Main Road, Parvathi Nagar,
Peenya 3rd Phase, Bengaluru – 560058, INDIA

Note:
1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to support@buildwale.com.