The following agreement captures the terms and condition of (“Agreement”), Applicable to user for the use of Application “buildcontrol” and website www.buildcontrol.in which are developed by SHREEKUNJ SOFTECH offering tech support to Infrastructure & Construction in Real Estate Industry.

SHREEKUNJ SOFTECH may modify this Agreement from time to time and each modification will be effective when it is posted on the Website. You agree to be bound to any changes to this Agreement through your continued use of the buildcontrol Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.

buildcontrol in connection with any of the services those (collectively the “Services “) is governed by these terms & Conditions (the ‘Terms’)

1) DEFINITIONS

• Application (“App”): Applications means the software program provided by SHREEKUNJ SOFTECH refer to as “buildcontrol”; downloaded on any electronic device can be accessed through or downloaded from Google Play store/App store/Web.
• Account: The user signs up and creates a unique account to access our services for subscribed plan.
• Company: For the purposes of these Terms, “we”, “our”, “us”, and SHREEKUNJ SOFTECH, providers and operators of the Services.
• Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identity of a natural person.
• You: A person or entity that is registered with “buildcontrol” for using the Services (referred as “user”, “consumer”).
• Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, payment gateways and other who provide our content or whose products or services we think may interest you.

2) SERVICE OFFERED

“buildcontrol” is a mobile Application, developed by SHREEKUNJ SOFTECH, for building construction industry. buildcontrol aims to organize Infrastructure & Construction in Real Estate Industry and each project of construction site process can be tracked down easily. We provide our users services for REAL ESTATE DEVELOPERS OF RESIDENTIAL AND COMMERCIAL PROJECTS, INFRASTRUCTURE DEVELOPMENT CONTRACTORS, INDUSTRIAL DEVELOPMENT CONTRACTORS, ARCHITECTS, INTERIOR DESIGNER, STRUCTURAL ENGINEERS AND ALL TYPES OF CONTRACTORS RELATED TO CONSTRUCTION INDUSTRY ALONG WITH SERVICE LIKE MANPOWER MANAGEMENT, MONEY MANAGEMENT, DOCUMENT MANAGEMENT, MACHINE MANAGEMENT, DRAWING MANAGEMENT, BOOKING MANAGEMENT, INQUIRY MANAGEMENT, MATERIAL MAGEMENT, PAYMENT etc. and other added services related to construction industries. User can upload data on the cloud as per the subscription plan opted by the user. buildcontrol offers various coupon and discounts to its user time to time to attain maximum benefit of the application. Our App can be used by user on real-time data progress made, management / purchase of raw materials, new booking taken made on each construction site, etc and many more helpful features. Our App runs only on active internet service is available.

3) LICENSE

Subject to your compliance with the terms; buildcontrol grants you a limited non-exclusive, non-sub licensable, revocable, and non-transferable through a user identification (user id) reference provided by the App strictly in accordance with the terms of this Agreement. (i) Access and use services in the 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, expressly granted herein are reserved by buildcontrol and buildcontrol licensors.

4) PRIVACY POLICY

This Privacy Policy Applies to our Application and website buildcontrol. We are committed to protecting and respecting your privacy. We do collect your personal information and process your data in accordance of Information technology Act, 2000. By accessing or using our Service, user signify that they have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy Applies exclusively to this Application with immediate effect and by visiting our application user agree to be bound by this Privacy Policy. This Privacy Policy is binding upon the user on each circumstance when the user visits the Application and website including while registering yourself on Application or website, undertaking any transaction on the Application with third party, transacting with SHREEKUNJ SOFTECH.

a) COLLECTION OF INFORMATION

We confirm that we collect that information from user which are required to extend the services available on the Application. SHREEKUNJ SOFTECH values the privacy of your personal information. We take every precaution to protect the information user provide. In relation to our paid services, we may collect project related information of a more sensitive nature for optimum use of Application.

i. We also gather and store the user’s usage statistics such as IP addresses, pages viewed, user behaviour pattern, browsing activities, browser software operating system etc. for analysis, which helps us to provide improved experience and value-added services to you.
ii. User’s registration with us and providing information is intended for facilitating the users in its business. The purpose of collecting such data is limited to subscribed users only. SHREEKUNJ SOFTECH does not intend to use this data for any other purpose.
iii. We retain user provided Information for as long as the Information is required for the purpose of providing services to you or where the same is required for any purpose for which the Information can be lawfully processed or retained as required under any statutory enactments or Applicable laws.

b) USE OF INFORMATION

I. For the verification of your identity, eligibility, registration and to provide customized services.
II. For facilitating the services offered/available on the Application.
III. For enabling communication with the users of the Application, to enhance the user utilization experience of the Application.
IV. For enabling the user to track on their team/ employee so added on the plan.
V. For sending communications, notifications and customized mails related all materials received and consumed, purchase order raised, equipment’s used and work done at different locations of site. etc

c) DISCLOSURE OF INFORMATION

Information we may collect from you may be disclosed and transferred to external service providers who we rely on to provide services to us or to you directly. For instance, information may be shared with;

i. Affiliated companies for better efficiency, more relevancy, innovative business matchmaking and better personalised services.
ii. Government or regulatory or law enforcement agencies, as mandated under statutory enactment, for verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences.

We want to inform our service users that these third parties have access to your personal information. The reason is to perform the task assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

5) USER ACCOUNT

Users are required to register themselves on the App as subscribed user in order to avail its subscription services. To avail the service the user, have to login through mobile number (via an OTP). The App will ask user to give specific information during registration in order to create a subscription account including, but not limited to: your name, company name, e-mail address, mobile number and GST number, project details like name, address, phases, wings, number of floors, unit numbers, common development, amenities etc. The subscribed account holder can add details of its team member (designation, contact number, department) their ongoing/ upcoming site details, testing reports, project drawings, its supplier or contractors’ details, payment details, purchase order & quotations etc. The App provides 30-days trial period before user make any additional payments for more features of the App. User represents that all account information provided by subscribed User is true and accurate, and User agrees to update such information as necessary to maintain its truth and accuracy. User shall be solely liable for all use of User’s account, whether or not authorized by User. We recommend you not to disclose password of your email address, online bank transaction and other important credentials to our employees/ agents/ affiliates/ personnel, as we do not ask for the same. We recommend that registered users not to share their application’s account password and also to sign out of their account when they have completed their work. This is to ensure that others cannot access Information of the users and correspondence, if the user shares the computer with someone else or is using a computer in a public place. User acknowledges that in the event of any illegal use of User account, Subscriber will contact SHREEKUNJ SOFTECH right away.

6) SUBSCRIPTION PLAN

You may need to register yourself on the App to avail these services as a subscribed user. To become a subscribed User, you may be required to provide certain personal & company’s information to attain the optimum utilization of the App. buildcontrol may offer different kinds of Subscription plans, each of these subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. Subscriber will get one month subscription of basic plan free of cost and for further use of Application subscriber is required to make payments of Subscription Fee as per the Applicable Subscription plan. The subscription amount needs to be paid before or on the renewal date by selected payment method depending on plan user has opted i.e. 180 days and 360 days. Therefore, providing 30 days cycle in each of these subscription plans. User cannot unsubscribe the service any time before the renewal date. We may revise subscription plan from time to time and the same would be informed to the user before charging the revised amount. buildcontrol may suspend or terminate their services if the subscription charges become past due date.

All the user are informed that if the subscription period has ended or the user terminates the subscription to any plan, their data uploaded during that duration will not be lost and it will be available for the user to view and take backup of it. Please be informed that once the user deletes the account from the application then the data will be erased and removed permanently. The user is advised to take a backup before the subscription period ends or before deleting the account as the user won’t be able to get the same data or content.

SHREEKUNJ SOFTECH may also offer certain features and / or benefits over and above the features and benefits made available to you under your existing Subscription plan (“Add-on”) for an additional fee (“Add-on Fee”). The Add-on will automatically expire upon the expiry of your Subscription plan.

7) PAYMENT METHOD

All payments in respect of the App Services shall be made to SHREEKUNJ SOFTECH through the App. If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable.

PAYMENT OPTIONS: SHREEKUNJ SOFTECH accept debit card, credit card, internet banking or, e- prepaid wallet or other payment through third party payment gateways method partnered by SHREEKUNJ SOFTECH such payments must be paid in advance to avail the services as per the users need. By providing us with your payment information, you agree that we are authorized to verify information immediately and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. We will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to SHREEKUN SOFTECH.

ADD ON: The subscription plans facilitate the subscribed user as per the subscribed plan. The subscribed user can anytime upgrade to premium plans anytime over their period with additional cost.

You agree to immediately notify us of any change in your billing address or the payment details used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail.

8) USER REQUIREMENT

The user can choose from various subscription plan. The App offers subscribed user with access to all the uploaded documents testing reports, project drawings, details of customer visiting the site or office (like name, address, mobile no., occupation, visiting card), booking forms, all materials received and consumed, equipment’s used and department wise work done at different locations of site thus daily tracking of activities simpler and hassle free. The subscribed user can share the files by giving permission through mobile number of the other subscribed user.

9) USER CONTENT

i. When user upload content and information to the Site or in connection with the Services ( Content”), including testing reports , project drawings, photos or other information about the projects you are undertaking, you represent and warrant to us that (1) user own or have the necessary rights to use and share the Content, (2) the posting of the Content does not violate any rights of any person or entity, and (3) user have no agreement with or obligations to any third party that would prohibit their use of the Site or Services in the manner so used. User agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any Content uploaded by them to the Site or through the Services. User acknowledge and agree that they may, in our sole discretion, remove content at any time and for any reason, or for no reason at all. If a subscribed User of a subscription account will also acknowledge and agree that any content uploaded to the Services shall immediately become the property of such corporate account, and user assign all right, title, and interest in such Content to the corporate account Owner upon posting the Content to the Services.

ii. By posting or storing any Content in the Services, user give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sub licensable and transferable worldwide license to all intellectual property rights user own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such content for any and all purposes and without further notice to the user, attribution, and without the requirement of any permission or payment to user or any other person or entity, except as otherwise expressly provided herein.

iii. User also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider Appropriate to use or enforce the grant of rights and waivers set forth in these Terms.

10) CANCELLATION AND REFUND POLICY
Subscribed user cannot cancel the subscription of our services once subscribed. Once the payment is made it will not be refunded under any circumstances. buildcontrol will be unable to process any exchange request of any subscription plan. App provides user an option to upgrade their current plan anytime during their subscription duration up to highest subscription plan available.

11) RESTRICTION
Subscribed user may use the services for any purpose other than the permitted access of the service and the chosen subscription plan. These restrictions Apply in relation to all or part of the material on the App; link to this web site; assume logo or branding or name without our express written consent. Additional restrictions, it’s common for Terms & Condition to prohibit users from:

• leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the App
• Using the App for any illegal purpose.
• Altering or modifying another App to falsely imply that it is associated with the company’s App, User shall not access to the services to build a similar competitive.

12) TERMINATING OUR SERVICES

Users agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the App, any part of the App or the use of the App, whether to all users or to you specifically, at any time with or without notice to user only if it’s against the law. Users agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by end of the subscription and over uploading data for storage as per the subscribed plan. For the removal of any doubt, we may terminate or prevent your use of the App and any services provided by through the App at our sole discretion that are caused by above mentioned reason at any period of time. SHREEKUNJ SOFTECH reserve the right to close your account if it contains false, misleading or inappropriate information.

13) FEEDBACK

buildcontrol invites you to provide your feedbacks, suggestions, convey ideas and other submissions (collectively “Views”) on the App or by letters or e-mails as long as the same is not violating any moral rights and economical rights according to the Indian laws and is in accordance with these Terms.

14) INTELLECTUAL PROPERTY

buildcontrol and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited. The buildcontrol App services belong entirely to SHREEKUNJ SOFTECH. We grant only that limited license herein to the user. User content is owned by them and buildcontrol takes no ownership interest in it.

15) COPYRIGHT INFRINGEMENT

buildcontrol respects the intellectual property rights of others. If the user believe that their work has been improperly copied and posted, please provide us with the following information:

• name, address, contact number email address and signature of the copyright owner or of the person authorized to act on the users behalf;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the copyrighted work is uploaded on the App.
• A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A statement by user, made under penalty of perjury, that the above information provided in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

These requirements must be followed to give us sufficient notice of infringement. Send the infringement complaint to the following email address: ________________________

16) DISCLAIMER OF WARRANTIES

buildcontrol makes no representations about the results to be obtained from using the App. The use of same is at your own risk. The services and the content provided on the App are on “As is” basis. buildcontrol assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. buildcontrol is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, mobile and computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the buildcontrol services or combination thereof, including any injury or damage to users or to any person’s mobile related to or resulting from participation or downloading materials in connection with the buildcontrol Services. buildcontrol encourages you to maintain your own backup of your content by downloading all reports and other data time to time and save in excel sheets, PDF format. buildcontrol does not provide a backup service and user agree that you will not rely on the services for the purpose of content backup or storage. We will not share personal information with third parties without your permission. While we make every effort to protect the personal information of the User on this App, we do not accept any liability for the security of the information. buildcontrol shall not be liable for any loss or damage that may occur while you are using the App. buildcontrol strives to protect the User Information, although we cannot ensure the security of Information furnished/transmitted by the users to us.

17) THIRD PARTY SITES:

The website/App may contain links to third party Applications or websites we do not operate, control, or maintain (“Third Party Sites”). We do not endorse any Third-Party Sites, and we make no representation or warranty in any respect regarding the third-Party Websites. Any links to Third Party Sites on the Services are provided solely for your convenience. If you do access any third Party Sites, you do so at your own risk and waive any and all claims against us regarding the Third Party Sites.

NETWORK OPERATORS:
The usage of the Application Service may involve the use of third-party telecommunications carriers and service providers (such as the services of the carrier that provides cell phone service to you). These carriers and service providers are not our contractors, and any information collected by a carrier in connection with your use of the Service provided through the Application is not considered “Personal Information” and is not covered by this Terms & Conditions. SHREEKUNJ SOFTECH is not liable for telecommunications carriers or service provider’s acts or omissions.

18) WAIVER AND SEVERABILITY OF TERMS

The failure of buildcontrol to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

19) LIMITATION OF LIABILITY

In no event shall any subsidiary, affiliate, director, officer, employee, owner, or operator of buildcontrol be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if buildcontrol has been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, buildcontrol liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to SHREEKUNJ SOFTECH for the buildcontrol services during the term of your use. The foregoing limitation of liability shall Apply to the fullest extent permitted by law in the Applicable jurisdiction. You specifically acknowledge that buildcontrol shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

20) INDEMNIFICATION

User shall indemnify and hold harmless buildcontrol, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any liability, claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.

21) APPLICABLE LAWS & JURISDICTION

By accessing this Application, these terms and conditions consummated between you and buildcontrol, and our relationship with you is governed by the laws of India, in the event of any dispute arising in relation to these Terms and Conditions, or any dispute arising in relation to the buildcontrol Platform, the proceeding shall be conducted in court or arbitration procedure. The Jurisdiction of the courts for the said Contract is located at Ahmedabad, Gujarat where the Arbitration proceeding shall be conducted at Indian Council of Arbitration, New Delhi for all such dispute resolution. Judgment upon any arbitral award rendered hereunder may be entered in any court, and/or Application may be made to any such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

22) NOTICE OF COMMUNICATION

In the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications provided for herein shall be in writing and shall be delivered by hand or courier service or through registered post, mailed by certified or registered mail or sent by telecopy, as follows:

SHREEKUNJ SOFTECH
B 502, SHILP AARON,
SINDHU BHAVAN ROAD,
NR. PAKWAN CROSS ROADS,
BODAKDEV
AHMEDABAD – 380054
GUJARAT, INDIA
Email id: contact@buildcontrol.in
Contact number: 7600715252

23) MISCELLANOUS

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

buildcontrol shall have the right to assign its obligations and duties in this Agreement and in any other agreement relating buildcontrol Services to any person or entity. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the Agreement shall be enforced.