WE BUILDEASY SDN BHD TERMS
Welcome and thank you for your interest in WeBuildEasy.com, and appreciate your using our services made available through the website (the Website or the Site). The following Terms of Service are a legally binding contract between you and We BuildEasy Sdn Bhd regarding your use of the Service. Do not use the service unless you wish to be bound by the Terms because, by continuing to use any part of the Site, you confirm your acceptance of the Terms and agree to comply with and be bound by all applicable laws and regulations. If you have any questions about these Terms, please contact us at email@example.com.
Please read the following Terms of Service ("Terms") carefully before accessing or using any of the Service. In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
The Service is a platform enabling people seeking interior design services ("Clients") to find and select interior designers ("Designers"). Both Clients and Designers are "Users" of the Service. Please be advised: Although BuildEasy administers the design projects and establishes certain terms for certain packages offered through the Service (including package features, pricing and options), BuildEasy has no control over any claims made by Designers about the products or services they may offer or the truth or accuracy of the listings created by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers. BuildEasy does not conduct background checks regarding any Users of the Service. BuildEasy cannot confirm that each Designer is who they claim to be. BuildEasy does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Site. When interacting with Designers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER BUILDEASY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY DESIGNER. BUILDEASY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE DESIGN SERVICES.
BuildEasy guarantees that each user will receive design recommendations based on the quiz, questionnaire, pictures, videos or other material submitted by the user. Design is inherently subjective, however, and you agree that BuildEasy cannot and does not warrant or guarantee your satisfaction with design services and/or ideas you receive on the BuildEasy site. Notwithstanding the foregoing, BuildEasy will take such reasonable steps, in BuildEasy sole discretion, to ensure your satisfaction, including but not limited to those measures set forth in our Refund Policy. While BuildEasy makes every effort to portray recommended products and their colors and materials in the most accurate way on the Website, the displayed colors of the products will depend upon the monitor of the user and cannot be guaranteed by BuildEasy as an accurate portrayal of the actual color or material of the product. We also make efforts to estimate scale of your space based on photos provided but can’t guarantee that all recommended products will fit your space. It is the Clients’ responsibility to measure their space to ensure that items fit prior to purchasing.
To become a Client, You will take a style quiz (to help us determine your preferred design styles), provide additional details on your specific room project, select from a variety of design packages which will include a mood board, furniture plan, thereafter select your preferred theme design, and then select your preferred Designer. You will then have to sign up and you must provide your phone number, email address, name and a username and password. You can either register using an email, or you may also register by connecting to your social network. This will then direct you to the payment page. Once the payment has been made, you will be redirected to your dashboard that contains all the information that you have previously provided. Through this dashboard, you will be able to communicate directly with the selected Designer. Please read the package that you purchase carefully, there is an itemised list of things that you will receive based on the package that you purchase.
While BuildEasy will attempt to ensure that all retail product links are current to assist users with purchasing the products, there is no guarantee that the furniture or accessories recommended by Designers will be available for purchase at all or within a specific time frame defined by the Clients in their questionnaire. If prices are provided as part of the design service recommendation, there is no guarantee that the Client will find the article at the same price when they order. BuildEasy cannot guarantee availability or workmanship of any products purchased from outside vendors.
To become a Designer, you must sign up on the Website and thereafter fill up an application to BuildEasy for approval through the website. The application consists of variety of questions. Designer applications must be submitted via the Website or by email when instructed by Build Easy. BuildEasy decision to accept or reject any application is within its sole and exclusive discretion and BuildEasy is under no obligation to accept any designer. If accepted, Designer is required to enter into the Designer Agreement as a condition of becoming a Designer through the Service. BuildEasy will generate a profile for the Designer on the Service which will feature a portrait picture and portfolio image of the Designer, both subject to the license grants for Your Content. BuildEasy does not own the Designers but resumes the right to use the Designers work for marketing purposes.
Interruption of Service
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
Accounts and Registration
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party as you will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. You will be solely responsible for the losses incurred by Build Easy and others due to any unauthorized use of your account.
When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify BuildEasy by e-mail to firstname.lastname@example.org
Refund Policy on Paid Service
If you are not satisfied with your Paid Services experience with BuildEasy services, then you may ask for specific remedies to fix the situation by emailing email@example.com. At BuildEasy sole discretion, we may offer a refund in those situations where a remedy is not possible or does not fix the issue. You can request a refund by emailing firstname.lastname@example.org. The refund is limited to the amount paid for the service.
Content Linked to by BuildEasy
User will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on BuildEasy income).
You are free to cancel your account any time by emailing email@example.com. We may terminate your account, without notice, for conduct that we believe violates this Agreement or our policies, is harmful to other Users or our business interests, or for an inactive account. If BuildEasy terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, BuildEasy reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
All sections which by their nature should survive the cancellation of your account shall continue in full force and effect after and notwithstanding the cancellation of your account. For example, if you have unpaid fees or expenses for Design Services, products, or anything related to the Service at the time of your account cancellation, you are responsible for paying those fees and expenses.
We reserve the right always to edit, refuse to post, or to remove from BuildEasy any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
We reserve the right to terminate the provision to you of BuildEasy or restrict your access to BuildEasy at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.
We may vary the terms of the Terms from time to time and shall post such alterations on the Site. If you do not agree to the changes made to the terms of the Terms then you have the right to stop using Service and should do so immediately. Your continued use of BuildEasy after the date the changes have been posted will constitute acceptance of the amended Terms.
Disclaimers; No Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISS DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WE SERVICES. WE DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
OUR SERVICES ARE CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN MALAYSIA. WE MAKE NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE OUR SERVICES FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitations of Liability
IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY LIMITATION ON THE PERIOD OF TIME FOR BRINGING AN ACTION, CLAIM, DISPUTE OR PROCEEDING AGAINST US, LOCATED IN THIS "LIMITATIONS ON OUR LIABILITY" SECTION, IS DETERMINED OR HELD TO BE INAPPLICABLE OR UNENFORCEABLE BY ANY COURT, ARBITRATION PANEL OR OTHER TRIBUNAL, THEN THE STATUTE OF LIMITATIONS FOR THE STATE OF CALIFORNIA SHALL APPLY TO ANY SUCH ACTION, CLAIM, DISPUTE OR PROCEEDING REFERRED TO FINAL OR BINDING ARBITRATION.