Skyboard Media Pvt. Ltd., (“Skyboard”) welcomes you to its Web site located at http://www.buildofy.com/ (the “Site”) and/or its mobile application (“App”). Skyboard offers the Site and/or its App to you (“User”) to access, view, submit videos, eBooks, information, data and/or content (“Site Materials”) over the internet.

These terms and conditions and any other agreed additional terms with respect to your use of the services as agreed with you will apply to your use of the Site and/or App (“Terms of Use”) governs your use of the Site and/or App. By using the Site and/or the App, you agree and undertake that you have read and understood these Terms of Use and intend to be legally bound by them. If you do not agree to these Terms of Use, you may not use the Site and/or App. You shall be solely responsible for any violation of these Terms of Use.

• The User must be 18 years or older to use this Site and/or App. By visiting our Site and/or App, the User represents and warrants to us that they are 18 years of age or older. If the User is under the age of 18 or applicable legal age in their jurisdiction, they can use the Site and/or App only in conjunction with, and under the supervision of, their parent and/or guardian who has agreed to the Terms and Conditions.
• The User is legally competent to enter into an agreement, and otherwise competent to receive the services provide by and/or through the Site and/or App. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site and/or App.
• The User has not been previously suspended or removed by us.
• We reserve the right to terminate the User’s membership and/or refuse to provide the User with access to the Site and/or App if we discover that the User is under the age of 18 years or otherwise.
• If the User is not a Resident Indian, they may access and use the Site and/or App only to the extent that the laws of India and those of their country permit them to do so. Further, the User’s use of the services is based on the understanding and agreement that by accessing and using the services, they are not violating the local laws in India and/or their country.

The User may access Site Material and/or Paid Site Material for personal use only and shall not use any Site Material and/or Paid Site Material for unlawful gains or in any illegal manner. It is expressly clarified that access to the Site and/or App does not provide the User with any license and/or right to reproduce, copy, publish, alter or modify the content of the Site Material and/or Paid Site Material. The User shall use the Site, App, Site Material and/or Paid Site Material in accordance with these Terms of Use and all applicable laws. Skyboard may make changes to the Site Materials, Paid Site Material and/or other services made available through this Site and/or App, at any time. Skyboard reserves the right to terminate the User’s access to the Site for any reason whatsoever. Further, Skyboard may change, suspend, modify or discontinue its services at any time, including availability of any feature. Skyboard may restrict access to or impose limits on access to certain features or services without any notice to the User. Further, Skyboard retains its rights to create limits on use and storage at its sole discretion with or without notice. Skyboard is not responsible for any errors or omissions in the Site and/or App.

This Site and/or App does not provide individual or customized architectural or building or construction services. No information, services, or materials offered by or through this Site and/or App shall be construed as or understood to be professional advice. Individual inquiries about architectural projects should be addressed to appropriate professionals. Skyboard does not endorse or suggest any particular architect, building and construction professional. Skyboard shall in no way be liable to for any losses incurred or any financial damage caused to you by use of the information made available on this Site and/or App.

To watch videos and/or to access eBooks and other information (“Paid Site Material”) the User must create an account with Skyboard and provide us with one or more payment options to access such Paid Site Material which may include any current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. The User’s membership shall be valid only for the time period the User may choose while opting for payment options from the plans page (“Plans Page”).

By creating an account the User agrees and acknowledges that all the information provided by the User is true, authentic, accurate and complete. The User shall be solely responsible for keeping the login details and password of the account secure and confidential. The User agrees to take full responsibility for the authenticity, legality, accuracy and validity of the User’s account information. The User shall be responsible for updating any changes in the User’s account information and keeping it up to date. The User shall not post any information in the name of others or use the account maliciously. In case of any unauthorized use of log in credentials, the User shall immediately intimate about the same in writing to Skyboard and Skyboard shall take such steps as it deems appropriate to limit the effects of such unauthorized use and the User shall take all steps as directed by Skyboard in such situation. Skyboard shall not be held responsible for any inability to view videos or e-books due to slow internet speeds. Skyboard retains the right to change membership plans and the membership terms from time to time.

Membership Fee: The User will be charged membership fees as per the selected plan from the Plans Page for accessing Paid Site Material. The membership fee shall be exclusive of taxes and transaction fee.

Billing Cycle and Upgrades: To access the videos and e-books on the Site and/or App, Skyboard offers two types of membership plans with variable charges. The Users may pay monthly membership fee or annual membership fee as per the selected plan from the Plans Page. The billing cycle begins on the date of payment of the Membership Fees and shall continue till the next renewal date. The User can renew the membership at the end of the billing cycle or may opt to upgrade or downgrade to any of the available membership plans at its choice on the renewal date.

Payment Methods: Skyboard has made available various payment methods available to its User for accessing Paid Site Material. The User may select any one of the available payment methods. The User will be directed to third party portals for making the payment. Skyboard shall in no way be responsible to the User for any failed transaction.

Cancellation: Any payment made to Skyboard is non-refundable and is not subject to any cancellation of subscription.

Refund Policy: The User agrees and acknowledges that the Membership Fee will be paid in advance and in full prior to the User’s use and/or access of Paid Site Material. The User further agrees and confirms that any payment of membership fees are non-refundable even if the User cancels their membership in between the billing cycle. Paid Site Material is non-transferable to another party. Skyboard shall not be under any obligation to refund any fee, on any ground including on humanitarian ground, if so claimed.

Renewal of Subscription: The Membership Fee is non-recurring and shall not be automatically charged to the User. The User may manually renew membership from ‘My Account’ tab in the Site and/or App after the expiry of the Subscription.

Parties other than Skyboard may provide information, material or content on the Site and/or App. Additionally, the Site and/or App may contain links to other internet websites for the convenience of Users in locating information, products, or services that may be of interest to the User. Skyboard does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of information, products, or services provided by or advertised on third party sites or the transactions the User conducts or enters into with third parties. The User’s use of third party websites is at their own risk, and subject to the terms and conditions of such other websites. Skyboard does not endorse any information, product or service provided on a third party website or advertised on the Site and/or App.

Skyboard grants the User a limited, non-exclusive, revocable, non-licensable and non-assignable right to access the Paid Site Material and/or Site Material solely for your own personal and non-commercial use. The User shall not reproduce, publish, translate, merge, sell, rent, distribute the Site Material and/or Paid Site Material, or create a derivative work on any other website. Please note that, if the User make any purchase through the Site, that purchase is subject to specific license rights provided for in this Terms of Use.

Whenever the User makes any communications with other users of the App and/or Site (each a “Communication”), the User grant us a non-exclusive, worldwide, royalty-free, perpetual license to host, copy, store and make available such Communication. The User agrees to comply with the Terms of Use while making any Communication. The Terms of Use applies to Communication, as a whole and to each part of it. Any Communication shall be genuine, accurate and in compliance with all applicable laws and regulations. The User acknowledges that they are responsible for their interaction with other users and shall take reasonable precautions in all interactions with other users. Skyboard does not make any representation or warranty as to the conduct of other users and shall not be, in any way, held liable for the same.

In addition to other prohibitions as set forth in the Terms of Use, the User is prohibited from using the Site Material or Paid Site Material or transmitting, or sharing any information through the Site or App: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site and/or App or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site and/or App or any related website, other websites, or the Internet; (l) that belongs to another person and to which the User does not have any right; (m) that is obscene, pornographic, pedophilic, invasive of another’s privacy; (n) to impersonate another person; (o) to threaten 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 prevent investigation of any offence, or is insulting other nation. We reserve the right to terminate the User’s use of the Site, App, Site Material, Paid Site Material or any related website for violating any of the prohibited uses.

Skyboard strives to ensure that any Communications by any User through the Site and/or App is not harmful, obscene, offensive or otherwise to any other User. Accordingly, Skyboard has a flagging feature in its Site and/or App to ensure transparency. In the event any Communications in the App and/or Site is in violation of the Terms of Use or is flagged by any other User, Skyboard reserves the right to: (a) remove such Communication; (b) redact the portion of such Communication; (c) suspend an User’s access to the App/ Site (or any portion thereof); (d) terminate the account of the User; (e) take any and all other actions that it may deem fit in compliance with applicable laws.

Skyboard reserves the right to, in its sole discretion, terminate or temporarily suspend the User’s account (or any part thereof) or use of the Site and/or App without notice if the User is in breach of these Terms of Use or if Skyboard believe in its reasonable discretion that the User’s use of the Platform is unsuitable in any way.

All Site Material and/or Paid Site Material including but not limited to works of photographs, sketches, drawings, designs, plans, videos, webinars, information, content, functional components, downloads, upgrades, documentation, services and any other material appearing on, contained in, or made available through the Site and/or App is protected by copyright and other intellectual property rights. Except as explicitly stated, the Site Material and/or Paid Site Material (including text, graphics, images, video, data, design, concepts, compilation, look and feel attributes and other intellectual property) are copyrighted works belonging to respective authors/owners/publishers who have contributed to the Site Material and/or Paid Site Material. Skyboard owns copyright in videos and e-books made available on and through the Site and/or App. Any unauthorized use of the Site Content and/or Paid Site Material without the prior written consent of Skyboard amounts to infringement of its rights and is actionable under the Copyright Act, 1957 and other intellectual property laws. Skyboard also owns copyright in the Site and/or App as a collective work and compilation, and in the design, layout, selection, coordination, arrangement, and organization of the Site Material and/or Paid Site Material. Removing or altering any copyright notice or any other proprietary notice on any Site Material and/or Paid Site Material is strictly prohibited. Any commercial use of any Site Material and/or Paid Site Material, in whole or in part, without the prior written consent of Skyboard, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works by capturing, snipping, harvesting, mining, scraping, or collection of, or creating of hypertext or other links or connections thereto of any Site Material and/or Paid Site Material or any other proprietary information of Skyboard, without Skyboard’s written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos of architecture firms, product manufacturers, social media companies or any other third parties appearing on the Site and/or App do not belong to Skyboard. All names, trademarks, service marks, symbols, slogans, and logos of “Buildofy” appearing on the Site and/or App belong to Skyboard. “Buildofy” is the trademark of Skyboard Media Pvt. Ltd. Any use of these trademark is expressly prohibited and would be a violation under the Trade Marks Act, 1999 and/or any other law applicable for the time being.

Our Privacy Policy can be reviewed by the User here https://buildofy.com/privacy-policy. The Privacy Policy governs the use of the User’s personal information on the Site and/or App. If the User objects to their information being transferred or used, please do not use the Site and/or App.

THE SERVICES PROVIDED THROUGH THE SITE AND/OR APP IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND SKYBOARD SHALL NOT BE HELD RESPONSIBLE FOR THE MALFUNCTIONING OF THE SITE AND/OR APP. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKYBOARD MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. SKYBOARD MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER THROUGH THE SERVICES OR FROM SKYBOARD, AND OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, KNOWN AS "SKYBOARD’S AFFILIATES") SHALL CREATE ANY WARRANTY. SKYBOARD DISCLAIMS ALL EQUITABLE INDEMNITIES.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA OBTAINED THROUGH THE SITE AND/OR APP IS DONE ENTIRELY AT THE USER’S OWN DISCRETION AND RISK AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHETHER ACTUAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL FROM THE USE OF THE SITE AND/OR APP AND/OR THE SERVICES. SKYBOARD SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO THE USER WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

SKYBOARD SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDING BUT NOT LIMITED TO ANY PAYMENTS PROCCESSED BY APPOINTED PROCESSORS OR SUB-PROCESSORS OF SKYBOARD. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR THE SITE AND/OR APP WITH RESPECT TO THE THIRD PARTY WEBSITES ARE FOR INFORMATION PURPOSE ONLY.

SKYBOARD SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF SKYBOARD’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKYBOARD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER INCLUDING DEFICIENCY IN SERVICES, DEFICINENCY IN THE SITE AND/OR THE APP AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID TOWARDS ANY RESPECTIVE SERVICE SUBSCRIBED BY THE USER AND IN ABSENCE OF SUCH SUBSCRIPTION TO Rs. 10,000 (RUPEES TEN THOUSAND) UNLESS SUCH LIMITATION IS NOT ENFORCEABLE UNDER APPLICABLE LAWS IN INDIA.

The User agree to indemnify, defend, and hold harmless each of the Skyboard Affiliates (as defined hereinabove) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties suffered or reasonably incurred by the Skyboard arising as a result of, or in connection with: (i) Third-party Content, (ii) unauthorized use of the services, Site Material, Paid Site Material, Site and/or App, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) the User’s violation of any rights of another party; or (v) the User’s breach of these Terms of Use, (vi) the User’s violation of any law, negligence, willful misconduct, including, but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party. Skyboard retains the exclusive right to settle, compromise and pay, without the User’s prior consent, any and all claims or causes of action which are brought against the Skyboard Affiliates. Skyboard reserve the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Skyboard Affiliates and the User agrees to cooperate with Skyboard’s defense of these claims.

The availability or non-availability of a particular service shall be communicated to the User through e-mail. If you believe that any information, data or Paid Site Material, Site Material on the Site and/or App violates your intellectual property or other rights, kindly send an email notification to Skyboard at [email protected] setting forth the following information:

• your name and the name of your organization, if any;
• your contact information, including your e-mail address;
• the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including details about the content or posting that is objectionable; and
• a declaration stating that: “The statements, representations, and assertions made in this email are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

The User’s written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Skyboard to locate that material; (d) contain adequate information by which Skyboard can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Skyboard designated agent, as they will be deleted upon receipt.

Upon verifying the authenticity or legitimacy of your claim, Skyboard shall forthwith take down the infringing content or material from the Site and/or App.

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of India. Skyboard makes no representation that the Site and/or App is appropriate or is available for use in other locations. User may use and/or access of this Site and/or App from any location whatsoever, however, they acknowledge and confirm that they would comply with the laws of India.

Governing Law and Disputes: By accessing, viewing, or using the Site and/or App, the User consents and agrees that any and all disputes arising out of or in relation to the User’s relationship with Skyboard, including but not limited to, this Terms of Use, the usage of the Site and/or App, and any privacy and/or publicity claims, shall be resolved by binding arbitration. All disputes shall be referred to arbitration by sole arbitrator mutually appointed by both the parties. The proceedings of such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 (as amended from time to time) and shall be held at Mumbai. The parties shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. Subject to the foregoing, competent courts of Mumbai shall have jurisdiction over any of the disputes arising out of or in connection with this Agreement.

Severability: If any provision or provisions of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

No Waiver: Save and except as expressly provided in this Terms of Use, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested on Skyboard under or pursuant to this Term of Use shall constitute a waiver by Skyboard of that or any other right, power, or remedy.

Termination: The obligations and liabilities incurred on the User during the term of this Terms of Use shall not be relieved in case of the termination. The Terms of Use are effective unless and until terminated by us. You are not entitled to terminate these Terms of Use at any time. If in Skyboard’s sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms of Use, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site Material, Paid Site Material, App and/or Site (or any part thereof).

Changes: Skyboard may, from time to time, change these Terms of Use. If we make any changes to this Terms of Use, the last modified Terms of Use shall be applicable to you.

No relationship: The Site and/or App is for informational purposes only. No principal/agent relationship is created between Skyboard and the User by reason of your use of this Site.