Terms & Conditions

Introduction

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all conditions set forth herein. If you do not agree to these Terms or cannot comply with them, you are advised not to use the Platform or Services.

1. Services

• constructAhome functions as a platform that connects customers with various service providers ("SPs"), allowing users to discover and choose SPs based on their specific preferences and requirements.
• constructAhome acts as a facilitator in project execution as per the agreement between the customer and the SP. Once the agreement is signed by both parties and a copy is submitted to constructAhome, and the project has commenced, constructAhome supports monitoring the different stages and overall progress of the work.
• Construction materials are supplied strictly to registered businesses (B2B).
• Individual customers (B2C) and end users are not permitted to purchase construction materials from the constructAhome supply division.
• The Supply Chain Management (SCM) team follows predefined schedules for the execution of each material category.
• Invoices are issued directly by constructAhome to the concerned business within 48 hours of delivery.
• constructAhome provides leads related to plot assistance to plot developers in exchange for a fixed commission fee. The company does not participate in negotiating or deciding property prices between customers and sellers.
• constructAhome offers digital marketing and promotional services to its client partners for a fixed fee and does not engage in property price negotiations under any circumstances.
• Package pricing is determined based on the built-up area and the number of floors in the project.

2. Access to and Use of Our Website and Services

Initiating Service

You confirm that the information provided during account registration is true, complete, and accurate, and you agree to keep it updated at all times. Important notifications may be sent to your registered email address, and you are responsible for ensuring that the email remains active and valid for receiving all communications under these Terms.

Restrictions

You agree that you shall not, and shall not permit any third party to: copy, modify, or reproduce the Services in whole or in part; reverse engineer, decompile, disassemble, or attempt to extract the source code or underlying structure of the software; rent, lease, or sublicense the Services; remove or tamper with any proprietary notices; create derivative works based on the Services; or use the Services for any unlawful or unauthorized activities.

You further agree to ensure that all your users comply with these Terms, take reasonable steps to prevent unauthorized access or misuse of the Services, and use the Services strictly in line with the User Guide and all applicable laws and regulations. For building material supply services, you confirm that you are a duly registered business entity and not an individual consumer.

Charges

You acknowledge that availing services from any Service Provider ("SP") will result in applicable charges for their goods or services ("SP Charges"), and using constructAhome services will incur charges for constructAhome offerings ("constructAhome Charges"). Collectively, these are referred to as "Charges." All applicable Charges, including any cancellation fees or conditions, will be disclosed to you prior to service delivery or product provision. Applicable taxes will be levied as required under law.

Payment

All payments are payable immediately upon initiation or delivery of the respective services or products. Payments are final and non-refundable, subject to constructAhome's discretion. constructAhome solely facilitates payment processing between you and the Service Provider. Any transaction for services or products purchased from an SP is strictly between you and the SP, and not with constructAhome.

3. Provision of Services and Service Delivery

We provide standard technical support as part of the Services. constructAhome grants access to its business platform to all registered users, including Service Providers ("SPs") and End Customers, to enable service facilitation from SPs to End Customers and payment processing from End Customers to SPs, in accordance with their mutual agreement.

constructAhome does not act as a principal, agent, or representative of either the End Customer or any SP, and shall not be liable for any transactions conducted between users on the platform.

constructAhome strictly prohibits users from uploading, posting, sharing, or transmitting any unlawful, defamatory, discriminatory, abusive, obscene, or otherwise objectionable content or material. In case of any violation, constructAhome reserves the right to take necessary action, including suspension or termination of the user's account without prior notice.

4. User Account Details

• constructAhome may capture, store, and process transaction-related information on the Platform, including details of goods or services sold, pricing, payments received or outstanding, and other related service data. This information is collectively referred to as "Transaction Information."
• Transaction Information may be shared between Service Providers ("SPs") and customers via phone calls, SMS, WhatsApp, email, or other electronic means, depending on the contact details provided through the Platform.
• At the time of creating or recording the first instance of Transaction Information for a customer, constructAhome shall notify the customer that the Platform is being used to maintain such records, including future transaction data, and shall obtain the customer's explicit consent for creation of a customer profile, sharing of Transaction Information, and receipt of transaction, payment, service, promotional, and other service-related communications.
• If a customer does not provide consent or withdraws previously granted consent, the Service Provider ("SP") shall immediately discontinue the use of the Services for that customer.

5. Your Obligations and Responsibilities

• The User confirms and warrants that all information provided in connection with the Services is and will remain accurate, complete, and truthful at the time of accepting these Terms and throughout the use of the Services.
• The User shall promptly inform us of any updates or changes to such information. We shall not be held responsible for any loss or damage arising from incorrect, incomplete, false, or misleading information provided by the User, or from failure to disclose any material facts.
• The User shall be solely responsible for complying with all applicable laws and regulations and shall bear full liability for any consequences arising from any violation of such obligations.
• The User agrees to fully cooperate with us in any legal, regulatory, or administrative proceedings arising due to the User's breach of these Terms or related obligations.
• While we make reasonable commercial efforts to provide periodic backups of Transaction Information, the User remains solely responsible for independently maintaining, storing, and securing such data.

The User agrees to use the Services only in the manner explicitly permitted under these Terms and shall not infringe intellectual property rights, copy or modify the Services except where expressly permitted, upload malware or harmful code, use automated scraping systems, systematically collect content from the Platform, use the Services for unlawful or unauthorized purposes, or violate any applicable laws or regulations.

6. Ownership of Intellectual Property Rights

All rights, title, and interest in and to the Platform and Services, including all associated intellectual property rights, are owned by or licensed to constructAhome. Subject to the User's compliance with these Terms, we grant a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and royalty-free license to access and use the Platform and Services solely in accordance with these Terms and any instructions issued by us from time to time.

From time to time, we may request Users to provide feedback, suggestions, or reports, including bug reports, related to the Platform or Services ("Feedback"). The User agrees that we may freely use, reproduce, modify, publish, disclose, distribute, and otherwise exploit such Feedback without any obligation of payment, attribution, consent, or restriction arising from intellectual property rights.

Except as expressly stated in these Terms, nothing contained herein shall be interpreted as granting any rights, licenses, or interests in or to our intellectual property or the intellectual property of any third party.

7. Duration and Termination of Agreement

These Terms shall remain in full force and effect until terminated in accordance with the provisions set out herein.

We reserve the right, at our sole discretion, to suspend or terminate a User's access to the Services, in whole or in part, at any time with immediate effect, in the event of any breach or violation of the User's obligations, duties, or terms specified under these Terms.

Upon termination, the Services shall be immediately deactivated or rendered inaccessible, the User shall no longer have any right to access or use any of the Services or its features, and these Terms shall stand terminated except for provisions that expressly survive termination or are intended by their nature to survive. All outstanding dues or amounts payable by the User shall become immediately due and payable.

8. Disclaimer of Warranties and Representations

The use of the Services is entirely at your own risk. constructAhome does not sponsor, endorse, recommend, or approve any Service Provider ("SP") offering products or services through the Platform. While reasonable efforts may be made to verify certain criteria, we make no representation or warranty that any SP is licensed, qualified, insured, bonded, or capable of performing any service.

Any estimates provided through the Services are indicative only and do not guarantee actual project costs. All interactions between you and third parties accessed through the Services, including payments, delivery, and related terms, conditions, warranties, or representations, are solely between you and such third parties.

You are solely responsible for conducting any due diligence you consider necessary before entering into any transaction with third parties. You agree that constructAhome shall not be liable for any loss or damage arising from such interactions, and constructAhome is under no obligation to intervene in disputes between users or third parties.

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without warranties of any kind. We do not guarantee that the Services will be uninterrupted, error-free, or suitable for your specific requirements.

To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, non-infringement, compatibility, usability, and warranties arising from course of performance, dealing, or trade usage.

9. Indemnification and Liability

You agree to indemnify, defend at our option, and hold harmless us, along with our parent companies, subsidiaries, affiliates, and their respective officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, from and against any and all claims, demands, actions, legal proceedings, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or related to your access to or use of the Services, your violation of these Terms, or any breach of these Terms by any third party using your account.

10. Limitation of Liability and Exclusion of Damages

Notwithstanding anything to the contrary contained herein, neither constructAhome nor its affiliates or related entities shall be liable to you or any third party for any indirect, incidental, special, or consequential damages, or for any loss of revenue or profits, arising out of or in connection with these Terms or the Services, whether directly or indirectly.

To the fullest extent permitted by applicable law, you agree to waive, release, discharge, and hold harmless constructAhome, its affiliates, subsidiary companies, parent companies, and each of their respective directors, officers, employees, and agents from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of or relating to the Services.

11. Consent to Use Data

• You agree that, in accordance with our Privacy Policy, we may collect, process, and use your personal information, technical data, and related information.
• We may utilize data and information relating to your use of the Services for analytical purposes, trend analysis, and statistical evaluation in order to enhance and improve the performance, functionality, and efficiency of the Platform.
• Subject to applicable law, we may be required by law enforcement agencies, government authorities, or other regulatory bodies to disclose User data in connection with legal or criminal proceedings. You acknowledge and agree that in such circumstances, we are permitted to share the relevant data with such authorities.

12. Modification

constructAhome reserves the right, at any time and without prior notice, to add, modify, suspend, or discontinue the Services, whether temporarily or permanently. constructAhome shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.

13. Compliance With Applicable Laws and Regulations

You agree to comply with all applicable central, state, and local laws, rules, and regulations in connection with your use of the Services, and you are fully responsible for ensuring lawful use. If constructAhome reasonably determines that you are not complying with such laws while using the Services, we reserve the right to immediately suspend or terminate your access to the Services.

If constructAhome reasonably believes that your use of the Services violates any applicable laws or regulations, or is abusive or harmful to consumers or businesses, we may suspend the Services to prevent further misuse, including restricting further communication through the platform. constructAhome also reserves the right to review and modify your Service settings as necessary.

14. Governing Law, Jurisdiction, and Resolution of Disputes

• These Terms shall be governed by, interpreted, and enforced in accordance with the laws of India. Subject to the provisions of this Clause, the courts in Bangalore shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms or the use of the Services.
• Any disputes, controversies, or claims arising from or relating to these Terms shall be finally resolved through arbitration conducted in Bangalore, in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and deemed incorporated herein. The arbitral tribunal shall consist of a sole arbitrator appointed by constructAhome. The arbitration proceedings shall be conducted in English.
• The parties agree to maintain strict confidentiality regarding the arbitration proceedings and shall not disclose any information relating to the process to any third party, except on a need-to-know basis to their legal advisors or where required by applicable law. The arbitral award shall be final and binding on all parties.
• Each party shall bear its own costs and expenses incurred in connection with the arbitration proceedings and any related dispute resolution process.

15. Express Delivery

• Service Availability: Express Delivery is available only in Bengaluru, Mysore, and Chennai.
• Project Eligibility: the built-up area shall not exceed 3,000 square feet, the project must have a minimum of two floors, the road width must be at least 30 feet, and the site must have sufficient space for material storage and a labour shed.
• Design and Approvals: if the design is revised more than three times, the express delivery offer will be considered void. All required approvals and documentation, including Khata/Patta, loan sanctions, land records, and other applicable documents, must be verified before confirming project eligibility.
• Payments and Timeline Adherence: a minimum advance payment of 3.5% is required to commence the project, and payment milestones must be followed strictly to ensure timely and smooth execution.
• Approval stages for floor plans, structural designs, and project milestones will be expedited; however, clients may consult the Architect, SPM, or Project Manager as required.
• Site Conditions: in case any discrepancies are identified during soil testing or the digital survey, the project timeline may be subject to revision.
• Offer Changes: constructAhome reserves the right to modify, update, or withdraw this offer at any time without prior notice.

16. Miscellaneous Provisions

• Modification: constructAhome reserves the right to modify, update, or revise these Terms at any time, including by adding additional terms or conditions related to the use of the Services. Continued use of the Services following such updates shall constitute acceptance of the revised Terms.
• Severability: if any provision of these Terms is declared invalid, unlawful, or unenforceable by a competent court or authority, the remaining provisions shall continue in full force and effect.
• Assignment: you shall not assign, transfer, sell, or sublicense any of your rights or obligations under these Terms without prior written consent from constructAhome. constructAhome may assign or transfer its rights and obligations to any affiliate, subsidiary, parent company, or successor entity without prior notice to you.
• Notices: all official communications, notices, or requests to constructAhome, excluding routine operational messages, shall be sent to info@constructahome.in.
• Third Party Rights: no third party shall have any right to enforce or derive any benefit from any provision of these Terms.
• Force Majeure: constructAhome shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including natural disasters, war, terrorism, civil disturbances, labour disputes, government actions, or internet service disruptions.
• Entire Agreement: these Terms constitute the entire agreement between you and constructAhome regarding the Services and supersede all prior or contemporaneous communications, understandings, or agreements related to the Services.
• Waiver: failure by constructAhome to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing.
• Attorney Fees: in the event constructAhome initiates legal proceedings due to your breach of these Terms, you agree to reimburse all reasonable legal fees and costs incurred, in addition to any other remedies available.
• Your use of the website and application shall be governed by these Terms along with the Privacy Policy.
• We may require you to create an account to access certain Services. You may be required to set login credentials, including a password, and you are solely responsible for maintaining the confidentiality and security of your account information.
• Confidentiality: you agree to maintain the confidentiality of all proprietary and sensitive information and not disclose it unless required by law. You also consent to being contacted by constructAhome through email, phone calls, SMS, or other communication channels for marketing, promotional, or service-related purposes.
• Warranties: the 10-year warranty, where applicable, pertains solely to structural defect coverage provided by the contractor and is governed by the specific construction agreement entered into with the contractor. constructAhome does not provide any warranties for structural defects or any issues arising from construction or related services.