These Terms of Service (the "Terms of Service" or "Agreement") govern the use of the web services offered by Builg, Inc. ("Builg," "we" or "us") at and through the website builg.com and its subdomains (the "Website"), and Builg platform (such services, the Website and platform are collectively referred to as the "Services"; or the "Builg Platform"). The defined term the Terms of Service includes all exhibits or policies referenced in the Terms of Service, including the Privacy Policy.
Please read these terms of service carefully. This is a legal agreement between builg and you, which governs your use of the services. Your use of the services constitutes your acceptance of and agreement to all of the terms and conditions in these terms of service and your representation that you are an individual who can form legally binding contracts under applicable law. Without limiting the foregoing, the services are not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this agreement. If you object to anything in these terms of service, you are not permitted to use the services.
The Builg Platform is protected by intellectual property laws, including without limitation copyright laws and trademark laws, and international treaties. Unauthorized reproduction or distribution of the Services or the Builg Platform, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.
Services
Payments
Builg accounts
Account termination
Builg communications
Builg use, limitations and changes too the service
Proprietary rights
Limitations of liability and release
Indemnification
Privacy
Security
Miscellaneous; changes
Services
Builg is a platform that provides a marketplace for clients ("Clients" or "you") home renovation services ("Renovation Services") by connecting Clients with Contractors ("Professionals") providing renovation services. The Professionals and Clients are both users of the Services provided by Builg and are hereinafter referred to collectively as "Users." Builg solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Renovation Services. Builg does not provide or contract for Renovation Services, and Professionals and Clients contract independently for the provision of Renovation Services. Each Client is solely responsible for selecting the Professional and each Professional is solely responsible for selecting the Client. Any decision by a Client to receive Renovation Services or by a Professional to provide Renovation Services is a decision made in such person's sole discretion. Builg does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Renovation Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Builg makes no representations or warranties whatsoever with respect to Renovation Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that Builg does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Builg does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Renovation Services or Professionals' identity on the Builg Platform. Builg does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Builg Platform. Although the Services are intended to provide a tool for Clients to review the quotes received from Professionals and accept one of them, it is not a guarantee that the Professional will honor the acceptance. Builg cannot guarantee availability of the Services to any User.
Payments
By using the Builg Services for Renovation Services means you acknowledge and agree to pay the fees associated with the selected Renovation Services ("Charges") as described either at the time of acceptance or after in-house examination stage. Charges include applicable fees for Renovation Services, applicable taxes and other applicable fees. The Charges are determined by Professionals and specified in the quotes provided to Clients through the Builg Platform. Professionals have the option to request deposits, which will be outlined in the quote. By accepting the quote, you acknowledge and agree to be responsible for making the required deposit payment to the Professional, as stated in the quote. Note, however, it is your responsibility to know your Professional's cancellation policy and the cancellation policy of the business your Professional is associated with (the "Company"). In the event that you cancel the accepted quote for Renovation Services, depending on your Professional's or the Company's cancellation policy, you may be assessed a cancellation fee ("Cancellation Fee"). We may also assess a "Disruption Fee" against you if we suspect that you have made repeated and frequent requests for quotes or intentionally cancelled already accepted quotes to disrupt the Services or the provision of Renovation Services.
Builg accounts
Account registration
By creating an account with Builg (an "Account"), you are granted a right to use the Services provided by Builg subject to the restrictions set forth in these Terms of Service and in the Privacy Policy (which is incorporated herein and is a part of these Terms of Service) and any other restrictions stipulated to you by us in writing. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by Builg (such information, "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Account ID
On certain of the Websites, you may be required to register with Builg in order to access certain services or areas of the Website. Once you register for the Services, you shall receive a unique user identification (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account.
Your Account
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Builg to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of such Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Builg and/or grant Builg access to your Third Party Account (including, but not limited to, for use for purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Builg to pay any fees or making Builg subject to any usage limitations imposed by such third party service providers. By granting Builg access to any Third Party Accounts, you understand that Builg may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, including without limitation any friend lists, mutual friends lists, following/followed lists and liked lists (the "SNS Content"), so that it is available on and through the Builg Platform to other Users. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be your information. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Builg Platform. Please note that if a Third Party Account or associated service becomes unavailable or Builg's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Builg Platform. At your request made via e-mail to [email protected], Builg will deactivate the connection between the Builg Services and any of your Third Party Accounts and delete any applicable information stored on Builg's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.
Builg makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Builg is not responsible for any SNS Content. The Services may contain links to third party websites that are not owned or controlled by Builg. Builg has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Builg will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Builg from any and all liability arising from your use of any third-party website.
Account termination
Right to Terminate
Builg reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to your Account (including the funds in your Account), the Builg Platform and the Services if you 1) have violated the terms of this Agreement, any other agreement you have with Builg, or Builg's policies or 2) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in dishonest, fraudulent or illegal conduct.
Termination Effects
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Builg shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Charges, Cancellations fees or other fees or costs accrued prior to the termination and any other amounts owed by you to us or any of the Professionals as provided in this Agreement. Builg is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Builg from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Builg of any Fraudulent Actions, which may affect the Services. Builg reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Builg communications
When you visit one of Builg’s websites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you submit a request to be matched with Professionals, please note that Professionals may be required by law to provide you with certain communications, notices, disclosures, information and other materials ("Communications"). Professionals must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be matched with Professionals, you affirmatively consent and agree to receive all Communications required under law electronically.
Builg use, limitations and changes to the service
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Builg shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Builg has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. We will make reasonable efforts to keep the Services operational twenty four (24) hours a day/seven (7) days a week, except for: 1) planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or 2) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services. When you publish content or information through the Service, it means that everyone, including people outside of the Builg community, will have access to that information and we may not have control over what they do with it. We always appreciate your feedback or other suggestions about Builg, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). We do our best to keep Builg safe and spam free, but can't guarantee it. With respect to your use of the Builg Platform and receipt of Renovation Services, you agree not to:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person;
carry any weapons;
violate any law, statute, ordinance or regulation;
post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website
interfere with or disrupt the Services or the Builg Platform or the servers or networks connected to the Builg Platform;
post or transmit information or interact on the Builg Platform in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Builg Platform in any way that infringes any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, e-mail or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Builg Platform;
"frame" or "mirror" any part of the Builg Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Builg Platform or any software used on or for the Builg Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Builg Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Builg Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your Account or Account ID to any other party; or
cause or facilitate any third-party to engage in the restricted activities above.
to make sure we are able to provide the Services you agree to:
keep your Registration Data and contact information accurate and up-to-date;
keep your Account IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
Proprietary rights
The Services contain content and technology of Builg that is protected by copyright, trademark, patent, trade secret and other laws. Builg owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Builg Property". You may not copy, modify, or reverse engineer any part of the Services or the Builg Property). In order to operate the Services, Builg needs to make certain use of your publicly posted content. Therefore, by posting, uploading or submitting to Builg, or making available for inclusion in publicly accessible areas of Builg, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content", you represent that you have full authorization to do so). You also hereby grant Builg a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Builg and will terminate at the time such Content is removed from the Services by you or by Builg. You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Builg reserves the right to remove or change any images without notice. When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service. Builg reserves the right to remove any Content from the Builg Platform, at its sole discretion. Builg respects the intellectual property of others. Builg may, at its discretion, disable and/or terminate the Accounts of Users who Builg, in its determination, believes have repeatedly infringed others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Builg's copyright agent via email to [email protected]:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
description of where the material that you claim is infringing is located on the site, including a url link;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Disclaimers
You expressly understand and agree that
Your use of the services is at your sole risk. You are fully and solely responsible for your interactions with other users and you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with other professionals and clients and in the provision or receipt of renovation services. Builg is not responsible for the conduct, whether online or offline, of any user of the services. Builg is under no obligation to, and does not routinely, screen its users, inquire into the background of its users or attempt to verify information provided by any user. We reserve the right, but have no obligation, to monitor disputes between you and other users. Please carefully select the type of information that you post on the services or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of any user or other parties. Location data provided by the builg platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither builg, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the builg platform. Any of your information, including geolocational data, you upload, provide, or post on the builg platform may be accessible to builg and certain users of the builg platform. It is possible for others to obtain personal information about you due to your use of the services or renovation services and use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the builg platformm or through the services or renovation services. You understand that in using the services, sensitive information will travel through third-party infrastructure that is not under builg's control (such as third party servers). Builg makes no warranty with respect to the security of such third-party infrastructure. The services are provided on an "as is" and "as available" basis. Builg and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Builg makes no warranty that 1) the services will meet your requirements or expectations, 2) that your access to or use of the services will be uninterrupted, timely, secure or error free, 3) that any defects in the services will be corrected, or 4) that the services or any server through which you access the services is free of viruses or other harmful components. Builg makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of renovation services offered or provided by professionals or requested by clients through use of the services whether in public, private, or offline interactions or about the accreditation, registration or license of any professional. Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device, tablets or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from builg or through or from the services shall create any warranty not expressly stated in these terms of service.
Limitations of liability and release
To the fullest extent permitted by law, in no event shall builg or its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for bodily injury or emotional distress and damages for loss of profits, goodwill, use, data or other intangible losses (even if builg has been advised of the possibility of such damages), resulting from: 1) the use or the inability to use the services; 2) renovation services facilitated by the services or any interactions between users, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property) or any dispute with any user; 3) statements or conduct of any third party on the service; 4) any unauthorized access to or alteration of the services or your data or transmissions; or 5) any other matter relating to the services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Builg expressly disclaims any liability that may arise between users related to or arising from use of the services. Because builg is not involved in the actual interactions between professionals and clients or in the provision of any renovation services, you hereby release and forever discharge builg and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other user, whether online or in person, whether related to the provision of renovation services or otherwise.
Indemnification
You agree to defend, indemnify and hold harmless Builg and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: 1) your use of and access to the Services; 2) Renovation Services facilitated by the Services or any interaction between you and another User; 3) your violation of any term of these Terms of Service; 4) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or 5) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services or the Renovation Services. This defense and indemnification obligations will survive the termination of this Agreement and your use of the Services.
Privacy
Our collection of data and information via the Services from Users and others is subject to our Privacy Policy and is incorporated herein (the "Privacy Policy"). You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.
Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Miscellaneous; changes
These Terms of Service and all referenced exhibits or policies, including the Privacy Policy, constitute the entire agreement between you and Builg concerning the subject matter herein and the use of the Services supersedes any and all previous agreements, written or oral, between you and Builg, including previous versions of these Terms of Service. Builg reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced exhibits or policies, including the Privacy Policy. Builg will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using Builg. Your continued use of Builg following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. Builg may assign these Terms of Service or any other agreement with you in whole or part at any time. The terms of this agreement and the relationship between you and Builg will be governed by the laws of the Ontario, Canada, irrespective of its conflict of law provisions. Both you and Builg consent to the personal and exclusive jurisdiction of the courts located within the Ontario, Canada. Builg's failure to enforce or exercise a right provided in these terms does not constitute a waiver of that right. In the event that any provision of these terms is deemed invalid or unenforceable, the remaining provisions will still be in effect. You and Builg mutually agree that, notwithstanding any contrary statute or law, any claim or cause of action arising from or related to the use of the Services or these terms must be filed within ONE (1) YEAR after the claim or cause of action first arose, or it will be permanently barred.