This User Agreement ("Agreement") sets out the terms and conditions governing the use of the online BuilTHAI platform (the "Platform") operated at https://ant-eta-seven.vercel.app/ and constitutes a public offer under the applicable laws.
1. Definitions
Platform (Owner) means BuilTHAI, which owns and operates the online marketplace at https://ant-eta-seven.vercel.app/ and provides access to the Platform.
User (Client) means an individual, legal entity, sole proprietor, or self-employed individual with legal capacity who uses the Platform to browse, request, purchase, or otherwise obtain Products or Construction and Design Services through the Platform.
Construction and Design Services means the planning, design, engineering, architectural, drafting, quantity surveying, project management, construction, renovation, installation, maintenance, inspection, consulting, and other related services that may be offered by independent Service Providers through the Platform. Such services may include, without limitation, the preparation of concepts, drawings, plans, specifications, cost estimates, procurement support, site supervision, construction execution, repairs, remodeling, fit-out works, landscaping, interior design, and other services relating to the design, development, construction, improvement, or maintenance of residential, commercial, industrial, or infrastructure projects.
For the avoidance of doubt, the Platform facilitates the listing, discovery, engagement, and communication between Users and independent Service Providers in relation to Construction and Design Services. Unless expressly stated otherwise, the Platform does not itself provide, perform, supervise, endorse, guarantee, or warrant any Construction and Design Services, and any agreement for such services is solely between the User and the applicable Service Provider.
Product means any physical or digital goods offered for sale by independent Sellers through the Platform.
Seller means an independent legal entity, sole proprietor, self-employed individual, or other independent business that offers Products for sale through the Platform.
Service Provider means an independent legal entity, sole proprietor, self-employed individual, licensed professional, contractor, consultant, or other independent business that offers Construction and Design Services through the Platform.
2. Subject of the Agreement
2.1. The Owner grants the User a non-exclusive, revocable, non-transferable, and free-of-charge right to access and use the Platform's functionality, including user registration, personal account management, searching for Products and Construction and Design Services, communicating with Sellers and Service Providers, requesting quotations, and placing orders or service requests through the Platform.
2.2. The Platform acts solely as an intermediary that facilitates interactions between Users, Sellers, and Service Providers. Any agreement for the purchase of Products or the provision of Construction and Design Services is concluded directly between the User and the respective Seller or Service Provider.
3. Use of the Platform
3.1. The basic functionality of the Platform, including registration, browsing listings, searching for Products and Construction and Design Services, communicating with Sellers and Service Providers, and placing orders or service requests, is provided free of charge unless otherwise stated. The Owner does not currently charge Users for accessing these basic Platform functions.
3.2. The Owner reserves the right to introduce, modify, or expand fees, subscriptions, or other charges for the use of the Platform or any of its features in the future. Where such fees are introduced or changed, the Owner will publish the applicable terms on the Platform and/or notify Users in advance. Continued use of the Platform after the effective date of the new or revised fees constitutes acceptance of those fees, subject to any mandatory rights under applicable law.
3.3. To place an order, submit a request, or engage a Service Provider, the User must complete the registration process and provide accurate, complete, and up-to-date information.
3.4. The Owner is not responsible for the quality, safety, legality, availability, pricing, timeliness, performance, licensing, qualifications, delivery, accuracy of descriptions, or any other characteristics of Products or Construction and Design Services offered by Sellers or Service Providers. Any claims, complaints, disputes, warranties, or liabilities arising from the purchase of Products or the provision of Construction and Design Services shall be resolved directly between the User and the relevant Seller or Service Provider.
4. Personal Data
4.1. By using the Platform, the User consents to the collection, storage, use, processing, and transfer of personal information in accordance with the Platform's Privacy Policy and applicable data protection laws.
4.2. Personal data is processed in accordance with the Privacy Policy published on the Platform.
5. Rights and Obligations of the Parties
5.1. The User agrees to: use the Platform solely for lawful purposes and in accordance with this Agreement; provide accurate, complete, and current information during registration and while using the Platform; maintain the confidentiality of login credentials and passwords and promptly notify the Owner of any unauthorized access to the User’s account; and communicate respectfully with Sellers, Service Providers, and other Users and refrain from submitting false, misleading, or unlawful requests or content.
The User agrees that any Supplier identified, introduced, or engaged through the Platform has been made available to the User solely by virtue of the Platform’s services. The User shall not, directly or indirectly, solicit, negotiate, or contract with such Supplier outside the Platform for the purpose of avoiding the Platform’s fees, commissions, or Terms of Service. The obligations set forth in this Section shall apply during the parties’ use of the Platform and for a period of twenty-four (24) months following the last interaction, introduction, proposal, quotation, or transaction between the User and the Supplier through the Platform.
Any direct or indirect agreement, arrangement, or transaction entered into between a User and a Supplier in violation of this Section shall constitute a material breach of these Terms.
Upon determining that a breach has occurred, the Platform may, in its sole discretion: (a) immediately suspend or permanently terminate the accounts of both the User and the Supplier; (b) deny either party future access to the Platform and its services; and (c) require each breaching party to pay liquidated damages equal to five percent (5%) of the total value of the contract, project, purchase order, or other commercial arrangement entered into outside the Platform.
5.2. The Owner agrees to: make reasonable efforts to ensure the continuous operation of the Platform, subject to technical limitations, maintenance, and circumstances beyond its reasonable control; implement reasonable technical and organizational security measures to protect user accounts and personal information; and provide functionality enabling Users to interact with Sellers and Service Providers through the Platform.
6. Liability and Disclaimer
6.1. The Platform and its services are provided on an “as is” and “as available” basis. The Owner does not warrant that the Platform will operate without interruption, be error-free, or meet the User’s expectations.
6.2. The Owner is not a party to any agreement between a User and a Seller or Service Provider and assumes no responsibility for the acts, omissions, performance, quality of work, professional advice, delays, warranties, contractual obligations, or conduct of any Seller or Service Provider.
6.3. Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including events commonly recognized as force majeure.
7. Dispute Resolution
7.1. Before initiating legal proceedings, the User should submit a written complaint to the Platform’s customer support at providercmp@gmail.com. The Owner will make reasonable efforts to respond within ten (10) business days.
7.2. Where a dispute relates to a Product or Construction and Design Service, the User agrees to first attempt to resolve the matter directly with the relevant Seller or Service Provider. The Owner may, at its sole discretion, assist in facilitating communications but shall have no obligation to resolve the dispute or participate in any proceedings.
7.3. If the parties are unable to resolve the dispute through negotiation, the dispute shall be resolved by a court or other competent authority in accordance with the applicable laws and jurisdiction.
8. Final Provisions
8.1. This Agreement remains effective until terminated or replaced by a revised version.
8.2. The Owner reserves the right to amend this Agreement at any time by publishing an updated version on the Platform. Continued use of the Platform after publication of the updated Agreement constitutes the User’s acceptance of the revised terms.
8.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.4. This Agreement constitutes the entire agreement between the User and the Owner regarding the use of the Platform and supersedes all prior understandings relating to its subject matter.