​Terms and Conditions

 

The Services comprise of various services which are offered through our website, mobile applications and related services (hereinafter referred to as "Application").

Subject to your compliance with these Terms, The Builders Club grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services through Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by The Builders Club.

 

The Privacy Policy of The Builders Club is fully incorporated herein by reference.

 

1.1 Restrictions

You may not:

a) remove any copyright, trademark or other proprietary notices from any portion of the Services;

b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, or otherwise exploit the Services except as expressly permitted by The Builders Club;

c) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

d) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

1.3 Third-Party Services

 

 

 

The Builders Club does not control the third-party services and content (including advertising) provided by Third-Party Providers. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. The Builders Club does not endorse such third-party services and content and in no event shall The Builders Club be responsible or liable for any products or services of such third-party providers.

 

 

 

1.4 Ownership

The Services and all rights therein are and shall remain The Builders Club’s property. Neither these Terms nor your use of the Services convey or grant to you any rights:

a) in or related to the Services except for the limited license granted above; or

b) to use or reference in any manner The Builders Club’s company names, logos, product and service names, trademarks or services marks.

 

2. ACCESS AND USE OF THE SERVICES

2.1 Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to The Builders Club certain personal information, such as your name, address, mobile phone number, age and interests. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

2.2 User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials, no participation in illegal social activities). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

 

2.3 Contact and Access

You agree that The Builders Club may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an The Builders Club account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.

2.4 User Content

a) The Builders Club may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to The Builders Club through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services and initiation of support requests ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to The Builders Club, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and The Builders Club’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

b) You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant The Builders Club the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor The Builders Club’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c) You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by The Builders Club in its sole discretion, whether or not such material may be protected by law. The Builders Club may, but shall not be obligated to, review, monitor, or remove User Content, at The Builders Club’s sole discretion and at any time and for any reason, without notice to you.

2.5 Network Access and Payment

a) You are responsible for obtaining the data network access necessary to use the Services. Your network's data and messaging rates and fees may apply if you access or use the Services from any of your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Builders Club does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

b) You can make payment for the Services or monitor the activities through the Application from anywhere in the world.

3. PAYMENT

a) You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). The Builders Club will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. The Services can be availed either stand-alone (also known as ala carte) or in the form of packages.

 

b) As between you and The Builders Club, we reserve the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in its sole discretion. You may request to cancel your request for Services at any time prior to the commencement of such Services which The Builders Club may accept or reject in its sole discretion. In such cases, if The Builders Club accepts the cancellation request, you may be charged a cancellation fee the quantum of which shall be determined by The Builders Club and shall be binding on you; or if The Builders Club rejects the cancellation request, the whole amount shall be payable whether you avail the Services or not. A request cannot be cancelled once the Services have commenced. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience with the services provider and leave feedback on the Application. The Service provider will explain to you how you may book the Service the next time onwards, at the end of the Service. The Builders Club may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.

 

c) In certain cases, with respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers and payment of the Charges may be made y you to The Builders Club or Third-Party Provider (as may be notified by The Builders Club to you). Any representation by The Builders Club (on Evercare’s website, in the Application, or in its marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that The Builders Club provides any additional amounts, beyond those described above, to a Third-Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

 

4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

The Services are provided "as is" and "as available." The Builders Club disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, The Builders Club makes no representation, warranty, or guarantee regarding the timeliness, quality, or suitability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. The Builders Club does not guarantee the quality, suitability or ability of Third-Party Providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

 

4.1 Limitation of Liability

a) The Builders Club shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of The Builders Club, even if it has been advised of the possibility of such damages.

b) The Builders Club shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third-Party Provider, even if The Builders Club has been advised of the possibility of such damages. The Builders Club shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control.

 

d) The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such jurisdictions, The Builders Club’s liability shall be limited to the extent permitted by law. This provision shall have no effect on The Builders Club’s choice of law provision set forth below.

 

4.2 Indemnity.

You agree to indemnify and hold The Builders Club and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) The Builders Club’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

5. OTHER PROVISIONS

5.1 Governing Law and Jurisdiction

a) These Terms shall in all respects be governed, interpreted by, and construed in accordance with the laws of India.

b) All disputes, differences, complaints etc., shall be subject to exclusive jurisdiction of courts at New Delhi, India.

 

c) There could be instances where The Builders Club is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the Application are legal as per the applicable laws. You agree to indemnify and hold harmless the The Builders Club from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

 

5.2 Notice

The Builders Club may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account. You may give notice to The Builders Club, with such notice deemed given when received by The Builders Club, at any time by registered post to our registered address. The contact information and the registered address are mentioned on the Application.

 

8. GENERAL

You may not assign these Terms without The Builders Club’s prior written approval. The Builders Club may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of The Builders Club’s equity, business or assets; or (iii) a successor by merger.aAny purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, The Builders Club or any third-party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the governing law. The Builders Club’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Builders Club in writing. The Builders Club reserves the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on our website and/or mobile app (the “Application”). We may also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may send an email to us expressing your intention to terminate these Terms. If you do not terminate before the date the revised Terms become effective, your continued access to or use of the Application will constitute acceptance of the revised Terms.