Terms & Conditions
These terms and conditions (“Terms”) govern the use of services made available on or through buildxpria.com and/or mobile applications, APIs, and other online services offered (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). These Terms also include any guidelines, additional or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms shall prevail for the applicable Services.
The Terms constitute a binding legal contract between BuildXpria Projects Pvt. Ltd., a company incorporated under the Companies Act, 2013, with its registered office at 33A, Canal South Road, Kolkata - 700015 (“Company”, “we”, “us”, or “our”), and you, a user of the Services (“User”, “Customer”, or “you”). By accessing or using the Platform, you agree that you have read, understood, and are bound by these Terms.
If you do not agree to these Terms, please do not use the Services.
1. Definitions
In these Terms, unless the context otherwise requires:
(a) “Applicable Law” means all laws, statutes, enactments, rules, regulations, ordinances, treaties, directives, notifications, guidelines, and orders having the force of law in India, as amended from time to time, and applicable to the Company, the Platform, or the Users.
(b) “Content” means any text, graphics, images, audio, video, documents, listings, reviews, messages and other material uploaded, transmitted, or made available by Users or Providers on the Platform.
(c) “Guest” means a User who accesses the Platform without creating an account or logging in.
(d) “KYC” means Know-Your-Customer and/or identity verification procedures.
(e) “Provider(s)” means independent third-party professionals, businesses, agencies or individuals (for example: lawyers, real-estate agents, interior designers, contractors, developers, suppliers) who list services or respond to job requests through the Platform.
(f) “Registered User” means a User who has registered on the Platform and uses credentials/OTP.
(g) “Service(s)” means any service offered by Providers via the Platform.
(h) “User(s)” means any person who visits, browses, searches or uses the Platform (including Guests and Registered Users).
2. Nature of the Platform & Intermediary Role
(a) The Company is only a technology intermediary and marketplace under Indian law that enables discovery of and communication between Users and Providers. The Company does not provide any of the Services offered by Providers, does not supervise or control the manner in which Providers deliver Services, and is not a party to any agreement, contract, or transaction between Users and Providers. The Company does not verify or guarantee the quality, legality, authenticity, qualifications, documents, claims, or representations of any Provider, property owner, or job seeker.
(b) The Company does not endorse, guarantee, evaluate or verify the suitability, quality, safety, business practices, reliability, or legality of any Provider, Service or Content. Any reference to Provider qualifications, certifications or registrations on the Platform are supplied by the Provider and may be unaudited.
(c) The Users by agreeing, acknowledge that they are solely responsible for the due diligence and verifying all information, credentials (including RERA/legal status), and contracts independently.
(d) All commercial, contractual and legal relationships for the procurement, terms, performance, payment and enforcement of Services are exclusively between the User and the Provider. The Company is not responsible for any representation, omission, act, or negligence of any User or Provider.
(e) The Company does not guarantee any minimum number of enquiries, leads, connections, visibility, ranking, traffic, or business conversions for any Provider. Search results depend on user activity, category matching, filters, profile completeness, and Platform algorithms.
(f) The Company is not responsible for verifying property ownership, title, approvals, encumbrances, or legality of any real estate listings.
(g) Job postings and candidate details are uploaded by Users and not verified by the Company. The Company does not guarantee interviews, selection, hiring, salary packages, or job placement.
(h) Users consent to be contacted by Providers, recruiters, and the Company via call, SMS, WhatsApp, email, or in-app alerts for service facilitation.
3. Eligibility & Account Registration
(a) You must be at least 18 years old and legally capable of entering into contracts under Indian law to register or use the Platform’s services that require registration.
(b) To access certain features (including viewing contact details, initiating direct communications, posting job requests, or submitting leads), you must register or log in using a valid mobile number and one-time password (OTP) or other authentication method. You agree to provide accurate, current and complete information during registration and to update it as necessary.
(c) You are responsible for safeguarding your account credentials, maintaining confidentiality of your login credentials and for all activities that occur under your account. Promptly notify the Company of any unauthorised use or security breach. The Company is not liable for losses caused by any unauthorised use of your account except to the extent required by applicable law.
(d) Users must not:
(a) use the Platform for any unlawful, fraudulent, or abusive activities;
(b) harvest data, scrape data or conduct automated data extraction;
(c) interfere with or bypass Platform security features;
(d) impersonate another person;
(e) post content that is defamatory, obscene, infringing, discriminatory, or otherwise unlawful.
(e) Agencies and HR users acknowledge that access to detailed Job Requests submitted by Users is available only through an active subscription plan. Non-subscribers will be unable to view job request details.
(f) The Company may suspend or deactivate accounts that remain inactive for prolonged periods, or where outdated or unverifiable information remains uncorrected.
4. Provider Onboarding, Representations & Warranties
(a) Providers must submit truthful and up-to-date information (including business name, address, PAN, GSTIN, professional qualifications, portfolio, photographs and any required licences). The Company may verify such information and may refuse, suspend or remove Provider listings for any reason, including suspected fraud or non-compliance.
(b) By listing Services, Providers represent and warrant that:
(i) they have full authority to offer the Services;
(ii) the information and Content provided is accurate, not misleading and does not infringe third-party rights;
(iii) they will comply with applicable laws, regulations and professional standards; and
(iv) they will obtain and maintain any licences, registrations or insurance required to perform Services.
(c) Providers shall conduct themselves professionally, perform Services with reasonable skill and care, set clear fee terms, and ensure compliance with tax, labour and regulatory obligations applicable to their operations.
(d) Providers are not exclusive to the Platform and may offer similar Services elsewhere.
(e) A “Verified Badge” (blue tick) indicates only that the Provider has submitted certain documents requested by the Company. The Company does not independently authenticate, audit, or certify such documents. Users must conduct their own due diligence before engaging any Provider.
(f) Property owners represent and warrant that all property details, ownership documents, approvals, and legal status provided by them are accurate and lawful. The Company does not verify title, ownership, or legality.
5. Content: Users & Providers
(a) You retain ownership of Content you upload, but by posting Content you grant the Company a non-exclusive, royalty-free, worldwide, transferable licence to host, use, reproduce, modify, publish, translate and display such Content on the Platform and for marketing, analytic and service-improvement purposes.
(b) Content that infringes intellectual property or privacy rights, or is unlawful, obscene, defamatory, abusive or discriminatory is prohibited. The Company may remove such Content without notice.
(c) Reviews posted by Users must be honest and based on actual experiences. Posting false, defamatory or incentivised reviews is prohibited.
(d) The Company may monitor transactions and Content, investigate complaints, and remove, block or refuse to display Content that violates these Terms or applicable laws. The Company disclaims any obligation to monitor all Content.
6. Fees, Payments and Billing
(a) The Company may charge fees for subscriptions, lead access, advertising, featured listings, transaction facilitation or other premium features. Fee schedules are published on the Platform and may change upon prior notice (where practicable).
(b) Payments are processed via authorised third-party payment service providers. The Company does not store full payment card details. Users and Providers must comply with the terms of those payment providers.
(c) Fees payable do not include applicable taxes, duties, levies or charges which shall be borne by the payer as required by law.
(d) Refunds are governed by the Platform’s Refund & Cancellation Policy (published separately). Unless expressly stated otherwise, payments for subscriptions, advertising and promotional placements are non-refundable. Any disputes about refunds will be handled in accordance with that policy and Applicable Law.
(e) The Company may suspend or terminate access to paid features for non-payment.
(f) Payments made to Providers by Users are independent of the Company, and the Company is not responsible for disputes, refunds, negotiations, or service failures between Users and Providers.
7. AML / KYC, Fraud Prevention & Record-Keeping
(a) To comply with applicable laws and for risk management, the Company may require Providers and certain Users to submit KYC documents (e.g., PAN, GSTIN, identity and address proofs). The Company may also conduct background checks to the extent permitted by law.
(b) The Company reserves the right to monitor transactions and activity to detect and prevent money laundering, fraud, financing of unlawful activities or other suspicious behaviour; and to report to competent authorities as required by law, including under the Prevention of Money Laundering Act, 2002.
(c) The Company may retain records and KYC documentation for the period required by law or for legitimate business purposes.
8. Grievance Redressal (IT Rules Compliance)
In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
Grievance Officer: Susmita Poddar Sinha Email: info@buildxpria.com Phone: 7890000165 Corporate Address: 171 Park Street, 2nd Floor, Kolkata - 700017
The Company shall acknowledge receipt of a grievance within 48 (forty-eight) hours and use reasonable efforts to resolve the grievance within 1(one) month of receipt, subject to the nature and complexity of the complaint.
9. Intellectual Property
(a) All rights, title and interest in the Platform, its design, graphics, code, trademarks and content created by the Company are the exclusive property of the Company or its licensors. No rights are granted except as expressly provided in these Terms.
(b) If you believe your IP rights have been infringed by Content on the Platform, follow the takedown procedure set out in the Platform’s Copyright Policy (or contact the Grievance Officer).
10. Indemnity
(a) You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Platform; (c) any Content you submit; or (d) your dealings with Providers or Users.
(b) Providers specifically agree to indemnify the Company against claims arising from their negligent or unlawful performance of Services.
11. Limitation of Liability
(a) The Company accepts no liability for the quality of services rendered by the Providers, the accuracy of property listings, or any financial loss, damage, or dispute arising from transactions or interactions initiated via the Platform.
(b) In no event shall the Company (or its officers, directors, employees or agents) be liable for:
(i) any indirect, incidental, special, consequential or exemplary damages;
(ii) loss of profits, revenue, business, data or goodwill; or
(iii) any loss or damage arising out of use of or inability to use the Platform, even if the Company has been advised of the possibility of such damages.
(c) Where Applicable Law permits, the Company’s aggregate liability arising from or connected with these Terms shall not exceed the amounts actually paid by the claimant to the Company in the [6 (six)] months preceding the claim.
(d) Nothing in this clause shall exclude liability for gross negligence, willful misconduct, or any liability which cannot be excluded by Applicable Law.
12. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, government action, flood, fire, strikes, loss of internet or telecommunication services, cyber incidents, or other similar events. The affected party shall notify the other party of such force majeure event as soon as reasonably practicable.
13. Suspension and Termination
(a) The Company may suspend or terminate your access, remove Content or restrict functionality at any time for breach of these Terms, suspected fraudulent activity, violation of law, or for any other reason in its sole discretion.
(b) Termination shall not affect accrued rights or liabilities and Section 5 (Content: Users & Providers), Section 10 (Indemnity), Section 11 (Limitation of Liability), Section 13 sub-section (b) herein, Section 14 (Dispute Resolution) and any other provisions which by their nature survive termination shall survive.
(c) The Company may suspend or terminate accounts that repeatedly violate policies, upload fraudulent or misleading information, fail KYC verification, or misuse the Platform’s communication features.
14. Dispute Resolution
(a) Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Kolkata in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of one sole arbitrator as appointed by [mutual agreement of both parties].
(b) The language of the arbitration shall be English.
(c) The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law.
(d) The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.
15. Governing Law & Jurisdiction
(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India.
(b) Subject to other provisions in this clause, courts in Kolkata, West Bengal shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
(c) the Company may seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property or confidential information.
16. Notices
Notices to the Company should be sent to the corporate office address or such other email address as displayed on the Platform. Notices to Users will be sent to the email or mobile number provided during registration or displayed on the Platform.
17. Miscellaneous
(a) Entire agreement: These Terms, together with any other policies referred to herein (including the Privacy Policy and Refund & Cancellation Policy), represent the entire agreement between you and the Company concerning the subject matter and supersede all prior agreements.
(b) Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
(c) Assignment: The Company may assign or novate these Terms or any rights or obligations hereunder to any affiliate or third party. You may not assign your rights under these Terms without the Company’s prior written consent.
(d) Third-party links: The Platform may contain links to third-party websites. The Company is not responsible for the content, practices, policies or liability of such third parties.
(e) Amendments: The Company may modify these Terms from time to time. Where practicable the Company will notify Registered Users of material changes. Continued use of the Platform after such changes constitutes acceptance of the amended Terms.
(f) Communication Consent: By using the Platform, Users expressly consent to receiving calls, SMS, emails, and WhatsApp messages from the Company, Providers, recruiters, job seekers, and other Users for service facilitation.
18. Contact Information
The Company: BuildXpria Projects Pvt. Ltd.
Corporate Office: 171 Park Street, 2nd Floor, Kolkata - 700017
Email: info@buildxpria.com
Phone: 7890000165