Terms of Use

Welcome to archibazaar.com, a website located at www.archibazaar.com (the “Site”) and operated by Archibazaar. (“Archibazaar”,“us”“our”, and “we”http://www.archibazaar.com/. Archibazaar provides a Site (the “Applications” and collectively with the Site and all services provided through the Site, the “Services “ ) where Architects and planners can enquire about the products they like by direct enquiry to the manufacturer or to supplier via the easy-to-use reader enquiry system. You’ll find the latest architectural, building, interior and landscape products. Additionally architects can upload their work in order to get more potential clients as well as professional feedback from their peers. Architects upload their work in any format they like and archibazaar content team deciphers that project, beautifies it, and publishes the project on the firm’s own Archibazaar’s firm page. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services whether you are simply a “Visitor” (which means you are just browsing the Services) or an “Authorized User”, which means you have registered to use them. Collectively, Visitors and Authorized Users are referred to as “Users” or individually as a “User” or “you”. By accessing or using the services, you are accepting this agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this agreement (on behalf of yourself or the entity that you represent). You may not access or use the services or accept the agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this agreement, do not access and/or use the services.

1. Definitions

‘Archibazaar’ or ‘us’ or ‘we’ refers to the owners of this website.

‘Site’ refers to all domains, pages and subdomains owned by Archibazaar.

‘You’ refers to the user or viewer of this website.

“Agreement” refers to these Terms and Conditions.

“Content” means all files and material (including without limitation text, images, audio material, video material and audio-visual material) or other world-making artefacts or artwork provided by Archibazaar or any Registered User that can be found on this website.

“Registered User” means each Person who establishes or accesses a connection (“account”) for access to and/or use of the Website, Content or other services provided by Archibazaar and who has agreed to be bound by the terms and conditions of this Agreement.

“Person” means an individual or entity, including without limitation a corporation, partnership, or limited liability company.

User Content

At the focus of the Services are the architectural projects that make Archibazaar the online platform for architecture and design projects made available by designers themselves. In addition, through our products section of the Services, we provide brands the opportunity to upload images and information about their products so that architects can learn about the tools and resources available to continue designing structures and buildings. This section of the terms addresses your responsibilities for any User Content you make available through the Services.   26/10/15 – refer to architizer

2. License Grants

Provided you agree and comply with these Terms and Conditions, during the term of this Agreement, Archibazaar grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable, non-transferable license to access the Archibazaar Website and to download and use the Content onto a single computer.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the content.

3. License Restrictions

(a) Notwithstanding anything in these Terms and Conditions to the contrary, you may not:

(i) Publish, market, distribute, gift, assign, transfer, sell, sublicense, or grant rights in or to the Website or the Content to another Person, except as expressly provided in the Terms and Conditions or as provided by prior written consent of Archibazaar any Content;

(ii) Cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, or disassembling or hacking of the Website or any Content;

(iii) Export or re-export the Content in violation of any applicable export laws;

(iv) Use the Website or Content in any way that would violate any applicable law, regulation, or ordinance;

(v) Access or use the Website or any Content to create, develop, transmit, or store information that: (A) infringes any third party’s intellectual property or other proprietary rights, (B) is abusive, defamatory, harmful, or obscene, or (C) interferes with or obstructs the normal performance of another Person’s use of the Website or Content.

(b) Your access to the Website and use of Content and other services provided by Archibazaar will be monitored by Archibazaar by the use of software agents. Suspicious activities such as abnormal downloads or login activities may result in the automatic and temporary suspension of your access to the website. Archibazaar will use its best efforts to promptly notify you if any such action to suspend your access is taken.

 4. Proprietary Rights

Archibazaar and any logos associated therewith are trademarks or trade names of (Archibazaar Marks). All rights reserved. All other trademarks or trade names appearing on the Website and/or any Content or other material are the property of their respective owners. Registered User’s agree not to challenge or assert any claim against the validity of ownership of the Archibazaar Marks, or against the marks of any other licensor, third party content or information provider to Archibazaar.

Registered Users shall not reproduce or use (or authorize the reproduction or use of) the Archibazaar Marks in any manner other than as expressly authorized in writing by an authorized officer of Archibazaar.

5. Termination

(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions of this Agreement and will remain in effect until terminated by either party as set forth below. You acknowledge that by using any of the services provided by Archibazaar or by accessing or using the Content, you agree to be bound by the terms of this Agreement.

(b) You may terminate this Agreement at any time provided you cease all use of the services and Content provided by Archibazaar and you destroy or remove from your computer, networks and other storage media all copies of any Content in your possession or control. If you choose to terminate this Agreement prior to the end of a billing period, your account will maintain active through the end of the billing period.

To terminate your registration, please send an email indicating your intentions to do so to enquiry@archibazaar.com (c) Archibazaar may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Website or Content. If Archibazaar terminates this Agreement, your subscription will end and all access to the Website, Content and other services provided by Archibazaar will end.

(d) You agree that in the event this Agreement is terminated or cancelled, no refunds of any fees will be made, except where prohibited by law.

6. Disclaimer of Warranties

  • The website, content and other services provided by archibazaar are provided “as is” and there are no warranties, claims or representations made by archibazaar, either express or implied, or statutory, with respect to the website, content or any other services provided by archibazaar, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Archibazaar does not represent or warranty that the Website, Content or other services will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or will operate without data loss. Archibazaar does not warrant any connection to or transmission from the Internet.
  • The information included at Archibazaar could include technical or other inaccuracies or typographical errors. Amendments are periodically made to the information contained herein.
  • You acknowledge that the entire risk arising out of the use of the Website, Content or other services provided by Archibazaar remains with you to the maximum extend provided by law.

 7. User Accounts

When you create a user account, you will select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your username, password or account, or any other breach of security and to logout of your account at the end of each session. You also agree to provide true and accurate information during the registration process. We reserve the right to terminate your access to the Site should we know, or have reasonable grounds to suspect, that you have entered false or misleading information during the registration process. By becoming a registered user, you agree that this may include certain communications from us and our content providers, such as service announcements, administrative messages, promotions or newsletters, and that these communications are considered part of becoming a registered user. We shall not be responsible for your failure to abide by this paragraph.

8. Limitation of Liability

Archibazaar shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this Web Site and the interactive areas of this Web Site or any facts or opinions appearing on or through an interactive area. Archibazaar shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including without limitation legal fees) in any way due to or resulting from or arising in connection with the use of or inability to use this Web Site or the Content.

9. Advertisers and Other Third Parties

You understand and agree that the Site may include advertisements and that these advertisements are necessary for us to provide our services. Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Services.

10. Links

From time to time, the site may contain links or other references to third-party websites not controlled by Archibazaar, its suppliers, licensors or agents. By providing links to other websites, we do not guarantee, approve or endorse the information or products available at these websites.

11. Copyright Notice

This website and its content is copyright of © 2015 Archibazaar. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

(a) You may print or download to a local hard disk extracts for your personal and non-commercial use only

(b) You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

(c) You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Manufacturer Terms and Conditions

As a representative of a company wishing to upload content to Archibazaar, you are agreeing to our general terms and conditions, found here, as well as those additional terms and conditions below.

1. Definitions

‘Archibazaar’ or ‘us’ or ‘we’ refers to the owners of this website.

‘You’ refers to the user or viewer of this website.

“Agreement” refers to these Terms and Conditions.

“Content” means all files and material without limitation provided by Archibazaar or any Subscriber that can be found on this website.

“Subscriber” means each Person who establishes or accesses a Manufacturer Account for access to and/or use of the Website and who has agreed to be bound by the terms and conditions of this Agreement.

“Manufacturer Account” or “Subscription” means a registered account which provides a person with access to upload content to Archibazaar.

“Person” means an individual or entity, including without limitation a corporation, partnership, or limited liability company.

2. Manufacturer Accounts

Manufacturer Accounts give you the right to create a company profile and upload Content in accordance with the terms and conditions of this Agreement.

Any Content you provide in connection with this Website shall be deemed to be provided on a non-confidential basis.

You acknowledge that access to portions of the Website and the limitations on the uploading of Content is defined by the level of manufacturer account agreed to, as outlined on the Pricing package.

We may grant customised limitations for individual accounts at our discretion.

3. Submissions of Content

You may create content on our website by logging in to your account and using our custom dashboard system.

Your submissions to our website must relate to products, services or technical information relevant to the built environment, architecture, engineering and construction sectors.

You must only use Archibazaar to submit, create and remove content that relates directly to your company or organisation, or a company that you are authorised to act for as an agent.

Your content submissions must comply with the “acceptable use” and “submissions” provisions below.

To make a content submission, you must register for a Manufacturer / Supplier Account on this website. You must ensure that your login details and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person’s account to access our website unless you have that person’s express permission to do so. We may disable your account at our sole discretion without notice or explanation.

We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.

We may also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the CMS available again as soon as we think it is safe to do so.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that breach these terms of use or that do not meet the additional guidelines for submissions published on our website. If we reject or delete a submission on either basis, we will not refund any applicable charges.

If we accept your submission then it will remain published on our website indefinitely or for the relevant period set out in Manufacturer Account agreement, subject to termination or deletion in accordance with these terms of use.

(a) Free submissions – Our website allows you to make free submissions.

We may delete free directory submissions at any time in our sole discretion with or without notice to you.

(b) Paid submissions – In addition to free submissions, we provide a paid submission service as outlined in the above ‘Manufacturer Accounts’ section.

You must pay to us the submission charges in respect of submissions in accordance with agreed payment terms.

We may vary submission charges from time to time. However, such variations will not affect submissions that have already been paid for.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4. Limitation of Liability

In no event will Archibazaar (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. Access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting there from.

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) one hundred Singapore dollars (sg$100) or (b) amounts you’ve paid Archibazaar under this agreement in the 12 months period immediately preceding the day the claim arose (if any). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

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

5. Acceptable Use

You must not use our 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 (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 6. Terms of Use

In these terms of use, “your submissions” means all files and material without limitation that you submit to our website. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your submissions will comply with these terms of use.

Your submissions 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 us or a third party (in each case under any applicable law).

Your submissions (and their publication on our website) must not:

(a) be untrue, false, inaccurate or misleading;

(b) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(c) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(d) constitute negligent advice or contain any negligent statement;

(e) be libellous or maliciously false;

(f) be obscene, indecent or sexually explicit;

(g) infringe any right of confidence, right of privacy, or right under data protection legislation;

(h) constitute an incitement to commit a crime;

(i) be in contempt of any court, or in breach of any court order;

(j) be in breach of racial or religious hatred or discrimination legislation;

(k) be blasphemous;

(l) be in breach of official secrets legislation;

(m) be in breach of any contractual obligation owed to any person.

Your submissions must be appropriate and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms of use in relation to submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website.

7. Payment

As a Subscriber you are paying for the right to create a company profile and upload Content in accordance with the terms and conditions of this Agreement and our general Terms & Conditions.

Archibazaar does not claim ownership of the Content you place on the website and shall have no obligation of any kind with respect to such Content. Any Content you provide in connection with this Website shall be deemed to be provided on a non-confidential basis.

You agree that all payments are to be paid promptly when requested by us.

All accounts, whether monthly or annual, will be billed in advance of the forthcoming month or year. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an annual account. In order to treat everyone equally, no exceptions will be made. Annual accounts are recurring. As such, the Subscriber must provide Archibazaar with at least one months’ notice prior to the end of the annual account as notification that the account will not be renewed. Failure to do so will see the Account automatically renewed and the Subscriber will be billed for the recurring annual Account.

8. Use and Storage of Content

We reserve the right to establish general practices and limits concerning use of the our website and services. For example, We may limit: (a) the number of days that Content will be retained; (b) the number of links that may be sent from or received by a Manufacturers Account on the Site; (c) the size of any file that may be uploaded by a subscriber on the Site; (d) the maximum disk space that will be allotted on the our servers on your behalf; and (e) the number of times and duration for which you may access the Site in a given period of time. You agree that Archibazaar has no responsibility or liability for the deletion or failure to store any files or other Content maintained or transmitted by the Site. We reserve the right to log off accounts that are inactive for an extended period of time. These general practices and limits may be modified from time to time.

9. Termination

If your subscription should be terminated, suspended, or cancelled for any reason, your access to the Website and to any content you uploaded will cease. In this case, we shall remove and delete all of your content.

(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions of this Agreement and will remain in effect until terminated by either party as set forth below. You acknowledge that by using any of the services provided by Archibazaar or by accessing or using the Content, you agree to be bound by the terms of this Agreement.

(b) You may terminate this Agreement at any time. If you do so before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

(c) Archibazaar may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Website or Content. If Archibazaar terminates this Agreement, your subscription will end and all access to the Website, Content and other services provided by Archibazaar will end.

(d) You agree that in the event this Agreement is terminated or cancelled, no refunds of any subscription fees will be made, except where prohibited by law.

Governing Law

These Terms of Use shall be governed and construed in accordance with laws of the Republic of Singapore.

 

 

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