TERMS OF USE AGREEMENT

    LAST REVISION: 15th April 2018

    PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    This Terms of Use Agreement (the "Agreement") governs your use of this website, www.plansform.com (the "Website"), Plansform Technology Solutions Private Limited ("Business Name") offer of services for use/subscription on this Website, or your purchase of services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Plansform reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Plansform will alert you that changes or revisions have been made by indicating on the top of this Agreement, the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Plansform encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Plansform for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

    I. PRODUCTS & SERVICES

    Terms of Offer: Plansform is a professional platform for Architects, Students and other Architecture and Design Professionals. It aims to provide an online platform where the architecture professionals and students can showcase their professional profiles and projects, connect with other professionals on the platform, post and apply for jobs, read and write articles, read news and blogs, view product catalogs, brand information and service offerings from external parties and subscribe to the online tools to manage their work better.

    The Plansform web application can be accessed via a browser on a computer or via a browser on the mobile device. All efforts are made to ensure that the application works fine in most commonly used (not necessarily ALL) browsers.

    By using the services on this Website, you agree to the terms set forth in this Agreement

    Eligibility

    The user should be 15 years or older to register and transact on the website. Only one account is allowed per user (with a valid email id). The user must use real names during registration and for the purpose of creating his/her profile on the website. Email ids of the registering user should not be restricted/banned by Plansform from registering.

    Membership

    The registered account on the website belongs to user. The user cannot share password with others. User is solely responsible for anything that happens through his/her account, unless it is deactivated/deleted or misuse is reported, in which case Plansform will deactivate/delete the account

    Payment

    Currently there is no payment to be made. In future, whenever the user has to pay for any Service/premium membership on Plansform, the user should agree to pay.

    • Applicable currency conversion rates
    • All fees & applicable taxes should be paid till the end of the subscription period (annually, monthly etc.)
    • Don’t guarantee refunds – but in all fair cases refunds can be made
    • Invoice for all payments made shall be sent via email

    Notices and Service Messages

    Plansform can send you emails and messages (including browser notifications) from time to time to keep you informed. The user should keep all the contact information updated and current.

    Messages and Sharing

    Any content created/posted by the user shall be visible to all users/members. It will also be available for them to share (on social media). These content can be Profile information, Projects, Blogs, Articles, Jobs, News etc. Plansform is not obliged to publish any content on our platform and can remove it in our sole discretion and without notice However, to protect the privacy of the user, the following information shall not be visible to anyone. These information will however be used by Plansform to connect/contact users on the platform.

    • Email id
    • Mobile Number
    • Phone Number
    • Date of Birth

    II. WEBSITE

    Your license to Plansform

    User owns content he/she publishes. Plansform is only granted worldwide non-exclusive license to use, copy, modify, distribute, publish, and process, information and content that the user provides through our Platform, without any further consent, notice and/or compensation to the user or others.

    • The above license can end when user deletes the account or deletes the content from the platform
    • We will not use user’s content for ads or promotions but can however display ads near user’s content
    • Other members and visitors on the platform will have the ability to view/access/share the user’s content
    • We may edit and make formatting changes to user’s content to make it more suitable for viewing. The essence of the meaning of the content will not be modified/changed
    • Because user owns the content, Plansform will only have non-exclusive rights to it. User is free to make the same content available to others
    • When you choose to signup/login using your facebook credentials, you authorize Plansform to access the default information made available by facebook namely, public_profile and email. Accessing these information does not require ‘User Review’ as per facebook’s policy at the time of publishing this agreement.

    Any information shall be viewed/stored/transmitted as per the Privacy Policy. Any feedback or suggestions given by the user to Plansform can be used and shared by Plansform but need not have to compensate the users for the same. User shall not provide content that is unlawful and should not violate anyone’s rights. All information mentioned in the profile information is truthful and the user shall bear full responsibility for the accuracy of the information provided

    Plansform does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Plansform is not liable for any damage or harm resulting from any posts by or interactions between users. Plansform reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Plansform deems objectionable, in Plansform’s sole discretion.

    Service Availability

    Plansform might choose to change/suspend/end any service or modify prices at its discretion. These will be applicable to the user as allowed by law.

    Other content, sites or apps

    Any content/data encountered by the user while using the Platform, that is offensive, unlawful etc. is not Plansform’s responsibility. We do not review user’s content and are not responsible or liable for any damages as a result of the users’ use or reliance on the data/content on the platform

    Limits

    Plansform has the rights to limit the access of users to certain services and the ability to connect/contact other members.

    All the Intellectual property rights of all the trademarks/copyrights of the logos, graphics etc. associated with Plansform are trademarks of Plansform Any links to third-party websites are provided solely as a convenience to you. Plansform does not endorse the contents on any such third-party websites. Plansform is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

    Use of Website

    General Terms

    If any part of this agreement is not enforceable by law, either party can request the court to remove those that cannot be enforced and still enforce the rest of the agreement Plansform may assign this agreement to its affiliates or any party that buys Plansform without the consent of the user. There are no third party beneficiaries to this agreement. Plansform reserves the right to change/modify this agreement at any point in time. It should however be notified to the users. If the user does not agree with the updated terms, the user must stop using the Platform.

    DOs and DON’Ts

    DOs. The user will

    • Comply with all applicable laws of the land
    • Provide accurate info and keep it updated
    • Use his/her real name or the real name of his/her business firm on the profile
    • Use the platform and its services in a professional manner

    DON’Ts. The user will not

    • Act unprofessionally or post objectionable/illegal content on the platform
    • Use some other image that is not the photograph of the user as part of his/her profile picture
    • Create a false identity on Plansform
    • Misrepresent any facts of his/her professional journey
    • Create a member profile other than his/her own
    • Use/attempt to use another’s account
    • Harass, abuse, harm another person on the platform
    • Send spam or unwelcome communication to other users
    • Scrape or copy profiles and information of others through any means
    • Disclose information that the user does not have the right to disclose
    • Violate intellectual property rights of Plansform or others
    • Post any malicious content (that contain viruses, worms or other harmful code)
    • Attempt to reverse engineer or decompile to derive the source code of the platform or any related technology
    • Remove any copyright, trademark or proprietary information contained on any pages of the platform
    • Remove, obscure or cover any advertisement included on the platform
    • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages

    III. DISCLAIMER OF WARRANTIES

    YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLANSFORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCT/SERVICES. ("PRODUCTS/SERVICES" INCLUDE TRIAL PRODUCTS.) Without limiting the generality of the foregoing, Plansform makes no warranty: That the information provided on this website is accurate, reliable, complete, or timely. That the links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

    IV. LIMITATION OF LIABILITY

    PLANSFORM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS/SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

    Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

    V. INDEMNIFICATION

    You will release, indemnify, defend and hold harmless Plansform, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products/Services or your use of the Products/Services (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Plansform. When Plansform is threatened with suit or sued by a third party, Plansform may seek written assurances from you concerning your promise to indemnify Plansform; your failure to provide such assurances may be considered by Plansform to be a material breach of this Agreement. Plansform will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Plansform choice at its expense. Plansform will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Plansform against any claim, but you must receive Plansform prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products/Services.

    VI. PRIVACY

    Plansform believes strongly in protecting user privacy and providing you with notice of Plansform’s use of data. Please refer to Plansform’s privacy policy, incorporated by reference herein, that is posted on the Website.

    VII. AGREEMENT TO BE BOUND

    By using this Website or ordering Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

    VIII. GENERAL

    Force Majeure: Plansform will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

    Cessation of Operation: Plansform may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

    Entire Agreement: This Agreement comprises the entire agreement between you and Plansform and supersedes any prior agreements pertaining to the subject matter contained herein.

    Effect of Waiver: The failure of Plansform to exercise or enforce any right or provision of this Agreement will 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 endeavor 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.

    Governing Law; Jurisdiction: Governing Law; Jurisdiction: This Website originates from the Bangalore, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor Plansform will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in jurisdiction of Bangalore, India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

    Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

    Termination: Termination: Plansform reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Plansform may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Plansform reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Plansform chooses, in its sole discretion and without advance to you, to terminate it.

    Domestic Use: Plansform makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

    Assignment: You may not assign your rights and obligations under this Agreement to anyone. Plansform may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

    BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.