You (or User/s) are now reading the Terms of Service (“Terms”), governing http://buildables.co/.co and EPIC Collective Sdn Bhd (collectively known as “Buildables” or us), our website, products, services, and/or content provided by Buildables (collectively, the “Services”).
If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at [email protected].
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, www.Buildables.co and/or its licensors own the intellectual property rights published on this website and materials used on Buildables. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website in neither print nor digital media or documents (including republication on another website) without credits to the individual product owner (users of Buildables) and Buildables;
sell, rent or sub-license material from the website unless you are the individual product owner;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website unless you are the individual product owner;
redistribute material from this website – except for content specifically and expressly made available for redistribution; and/or
republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be used for non-commercial use only with credits to the individual product owner (users of Buildables) and Buildables.
Creative Commons
All downloadable content (except documents uploaded on the User Profile pages) are subjected to the Creative Commons “Attribution-NonCommercial 4.0 International” license. The license terms can be found on this link – https://creativecommons.org/licenses/by-nc/4.0/legalcode and should be adhered to during all download and upload activity within Buildables and its Service.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Buildables or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Buildables’s express written consent.
This includes:
scraping
data mining
data extraction
data harvesting
‘framing’ (iframes)
Article ‘Spinning’
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of Buildables.
Use of Services
Our services are open for the public to use at our discretion
The Services change frequently, and their form and functionality may change without prior notice to you. We may change, limit, suspend, restrict access to, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content, in our sole discretion at any time, without notice or liability. Your account on the Services (“Account”) can be suspended at any time.
You may not do any of the following while accessing or using the Services:
(a) access, tamper with, or use non-public areas of the Services or the computer or delivery systems of Buildables and/or our service providers;
(b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
(c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Buildables (and only pursuant to these Terms) unless we have specifically permitted you to do so.
Restricted access
Access to certain areas of this website is restricted. Buildables reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Buildables may change or modify this policy without notice.
If Buildables provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
As a condition to using certain of the Services, you may be required to create an Account and select a password. You should provide Buildables with accurate, complete, and updated registration information, particularly your email address or mobile phone number, and failure to do so may result in suspension of your Account. You agree that you will not select or use a name of another person or entity with the intent to impersonate that person or entity or to otherwise cause confusion as to the origin or source of your Account. Buildables reserves the right to refuse registration of, cancel, or modify a profile in our sole discretion if we reasonably suspect a violation of this provision. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Buildables immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, documents, 3D models, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Buildables a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Buildables the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Buildables or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Buildables reserves the right to edit or remove any material submitted to this website, or stored on the servers of Buildables, or hosted or published upon this website.
Buildables’s rights under these terms and conditions in relation to user content, Buildables does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Any information you provide to Buildables is subject to Buildables’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use.
No warranties
Your access to and use of the Services or any content is at your own risk.
This website is provided “as is” and “as available” without any representations or warranties, express or implied. Buildables makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Buildables does not warrant that:
this website will be constantly available, or available at all;
the website would be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
the website would meet your requirements or expectations;
the website would be free from errors or that defects will be corrected;
the website would be free of viruses or other harmful components; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, construction, building, safety, financial and medical matter you should consult an appropriate professional. Buildables makes no representations or warranties of any kind with respect to content; content, in particular, is provided by and is solely the responsibility of, the user providing that content.
Limitations of liability
Buildables will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Buildables has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of EPIC Collective Sdn. Bhd. in respect of any:
death or personal injury caused by the negligence of www.B\buildables.co or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of www.buildables.co; or
matter which it would be illegal or unlawful for www.buildables.co to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Release from Liability
You release, to the fullest extent permitted by law, Buildables, its directors, officers, shareholders, employees, representatives, volunteers, interns, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages of every kind and nature (including without limitation actual, incidental, punitive, and consequential damages), known and unknown, arising out of, or in any way concerning the Services, including without limitation, the following: Disputes between users of the Services, including those between you and other users. Third party sites and services, including content found on such sites and services. Disputes concerning any use of or action taken using your Account by you or a third party. Claims relating to the unauthorized access to any data communications or content stored under or relating to your Account, including unauthorized use or alteration of such communications or your content. Claims relating to any involvement with a third party while in the course of using the Services, whether on the internet, in a physical location or otherwise. You understand that such third party is not a representative, employee, agent or affiliate of Buildables, and shall not be considered as such for any purpose whatsoever. You also release, to the fullest extent permitted by law, Buildables, its directors, officers, shareholders, employees, representatives, volunteers, interns, consultants, agents, suppliers, and/or distributors from any liability or injury that may have been sustained as a direct or indirect result of the content provided in Buildables.
Limitation of Liability
To the maximum extent permitted by applicable law, Buildables, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors shall not be liable for:
any actual, direct, indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever;
loss of profits, revenue, data, use, good-will, or other intangible losses;
damages relating to your access to, use of, or inability to access or use the Services
damages relating to any conduct or content of any third party or user using the Services including without limitation, defamatory, offensive or illegal conduct or content; and/or
damages in any manner relating to or as the result of any Buildables content.
This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Buildables has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Buildables and its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the applicable services (which is zero). Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Buildables has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Buildables’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Buildables’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Buildables.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Buildables and undertake to keep Buildables indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Buildables to a third party in settlement of a claim or dispute on the advice of Buildables’s legal advisers) incurred or suffered by Buildables arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Buildables’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Buildables may take such action as Buildables deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Buildables may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of these Terms. In particular, Buildables may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use the Services, including but not limited to suspension of your Account on a Service, your right to use or access the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Buildables or any third party.
Variation
Buildables may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Buildables may transfer, sub-contract or otherwise deal with Buildables’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other provision of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Entire agreement
These terms and conditions, together with Buildables’s Privacy Policy constitute the entire agreement between you and Buildables in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Selangor, Malaysia and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Selangor, Malaysia.
You and Buildables agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the Services in accordance with this Section unless you and Buildables otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution. Law and Forum for Legal Disputes. These Terms shall be governed in all respects by the laws of Malaysia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Buildables must be resolved exclusively by a state or federal court located in Malaysia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Malaysia for the purpose of litigating all such claims or disputes.
About these website Terms of Service
We reserve the right to change these Terms at any time and without prior notice, by posting a revised version on the Services. Such changes shall be effective immediately upon the time that such changes are posted on the Services. Your continued access or use of the Services after those changes are posted shall be deemed your acceptance of those changes. You agree to review these Terms periodically to confirm your acceptance.
Effective Date
These Terms were last updated on 02 November 2017
Contact Us
Should you have any questions or issues, our contact is provided at the top of this Terms of Service document.