Terms & Conditions of Registration of Membership

Note: This version 1 is applicable since 13/04/2023. Please contact us for previous versions of the agreement, if any.

Builder Ballery is an organization under sole ownership of Manoj Krishna Ballery. All donations, membership fees and returns on sales shall be exclusively and solely used by Builder Ballery to pursue its goals according to its Statutes.

About these Terms

To pursue its goals, Builder Ballery operates a communication web site (hereinafter the “Website”) devised to offer free and paid contents on construction technology and building sciences that are intended to be accessible to a broad audience, and to allow citizens and construction industry experts to interact for the purpose of making construction industry knowledge accessible to everyone. The Website is available at www.builderballery.com
The Website has a Public Area which is accessible to all visitors (hereinafter the “User”). The Public Area offers free and paid content as well as other public communications and forums. It also offers an Online Shop.
The Website also allows Users to subscribe to news and updates without registering as a Member. Subscribing to news and updates does not grant access to the Members Area however.
Registration and subscription take place via a dedicated online form on the Website.
These Terms and Conditions of Registration and Membership (hereafter “Terms”) establish the conditions of registration and membership and the terms of use of the Members Area. A Member shall expressly accept these Terms on registration and is bound to comply with them.
Any new services, offered online in the Members Area after initial registration, shall also be governed by these Terms unless otherwise specified.
Builder Ballery reserves the right to amend the present Terms at any time and without prior notice and shall inform Members of such amendments on request. Members shall accept such amendments by checking the appropriate checkbox.

Registration

Registration and membership is open to all natural persons over thirteen years of age who are involved in the construction industry or otherwise. Users under sixteen years of age must first obtain the consent of a parent or guardian.
Each User shall only register once.
The User shall register online to become a Member of the Builder Ballery platform.
By registering with Builder Ballery, the User accepts that most communications with Builder Ballery and its Members may take place electronically.
It is the User’s responsibility to make sure that she/he has sufficient access to Internet to participate to the activities at the desired extent.
Builder Ballery screens registration applications and reserves itself the right to reject a registration without stating the reasons.
Upon registration, Members are required to supply their name, email address, phone number, location and areas of interest.
Members vouch that data supplied on registration are true and complete, and that they are kept up-to-date after registration.
It is expressly forbidden to place accounts at the disposal of third parties and to disclose access details to third parties.
For technical reasons, Builder Ballery cannot establish with certainty whether a registered Member really is the person he/she claims to be. Builder Ballery shall therefore provide no guarantee as to Members’ true identities. Members shall therefore be responsible for verifying other Member’s identities and shall contact Builder Ballery in cases of suspicion.
Registration as a Member results in a contractual relationship (usage contract) between Builder Ballery and the Member. By accepting the Terms, they become a contract component. The member receives a personal, non-transferable right, revocable at any time, to use the contents and services provided by the Website and undertakes to comply with these Terms and the restrictions set out in them during such use.
Builder Ballery reserves the right to modify, suspend or discontinue individual services, or all of them, at any time and without prior notice, in whole or in part. Builder Ballery reserves the further right to limit or deny access to individual or all services, without prior notice at any time.

Termination of Membership

Members can resign their membership with Builder Ballery at any time by communicating their decision by mail or email (see contact details below).
The resigning Member shall pay the current year’s membership, if any, in full.
In case no leads are presented to Member after 1 full year of membership, Member may be eligible for full refund, partial refund or a feature on Builder Ballery platform, as the parties (“Builder Ballery” and “Member”) at the time of resignation.
The membership can be terminated by decision from Manoj Krishna Ballery. The concerned person has the right to appeal against this decision.
After the resignation or the termination of a membership, Builder Ballery is entitled to continue without time limitation, to freely use in the Website, emails, publications and advertisements, in full or in part, the contributions (text and other material) the Member submitted to Builder Ballery before resignation or termination, if any.
Resigned Members can apply to revive their registration at any time. The decision to revive a registration is taken by Manoj Krishna Ballery.

Usage of Membership

Builder Ballery shall provide Members the access to use the Builder Ballery to build a network of clients within the construction industry.
The Membership is designed to offer various tools to allow Members to organise themselves as a network and participate in construction projetcs in the pursuit of these goals.
Builder Ballery or Manoj Krishna Ballery does not guarantee closure of leads or gaining of projects within duration of membership. Project closure is the sole rights of Builder Ballery and Builder Ballery’s clients.
Builder Ballery may earn a small commission from projects received and closed under the platform.
The Members Area offers various types of accesses to various areas, depending on the Member’s role and functions. It is the responsibility of the Member to respect the confidentiality of the data he/she has access to during the term of membership.
Members shall alone be responsible for ensuring that their contributions are aligned with the purpose set forth in this Article and in no way breach these Terms.

Intellectual Property

All intellectual rights pertaining to the Website, the Builder Ballery Instagram platform, its software, design, contents (text, pictures, videos and other material), news, updates, notifications as well as all email notifications are solely owned by Builder Ballery.
In particular, the Membership offers access to contents with reserved copyrights. These contents may not be copied, transformed or distributed without the prior written consent of the author(s).

Non-Disclosure Agreement

In the Members Area, Members of Builder Ballery are granted access to personal profiles, company information and other types of information. All such data are of a confidential nature and are to be held undisclosed outside of the designated (possibly restricted) circle of Members.
Data from the Members Area (text or other material) may not be disclosed or used outside the designated (possibly restricted) circle of Members of Builder Ballery without prior agreement from the author(s) of the data and/or materials.
Builder Ballery reserves the right to terminate membership in case a breach of non-disclosure agreement is found.
By registering as a Member, Users indicate that they are responsible for the non-disclosure of the data made available to them and that they will report any event of breach to this Non-Disclosure Agreement Article to Builder Ballery.

Membership Fees

Membership fees are decided by Builder Ballery on a yearly basis.
Members are required to pay the membership fees, if any, in due time through Builder Ballery website.
Builder Ballery may decide to grant partial or full membership fee waivers to specific Members.
Users who may not afford to pay the membership fees can contact Builder Ballery and ask for a partial or full membership fee waiver. Renewals of membership fee waivers are not automatic. They shall be asked by the Member by contacting Builder Ballery and shall be decided by Manoj Krishna Ballery.

Languages

The first languages used for the communication and publications shall be Kannada or English.
Where official documents are required by the law in English language, Builder Ballery organises their translation in English for communication with its Users.
Builder Ballery may not be made liable for not providing translations in a language other than English or for translation inconsistencies in translated documents.

Guarantees

No guarantees shall be given as to the accuracy of information and opinions conveyed via the Website or otherwise, either expressly or implicitly.
Builder Ballery expressly reserves the right to block the Membership or website without notice, where necessary to investigate malfunctions, for maintenance work or for closer examination of cases of abuse.

Liability

Builder Ballery shall accept no liability for the behaviour of Members and/or third parties or for content or statements forwarded by Members and/or third parties in the context of the services.
Builder Ballery shall accept no liability for misuse of Membership by third parties. The Member shall be liable him/herself for all action taken by third parties using a Member’s access details.
Builder Ballery shall not be liable for minor negligence, safety violations, direct or indirect losses caused to Member at any point.

Final Provisions

Should any provision of these Terms be considered unworkable, this shall not affect the validity of all or any other provisions. Failure by Builder Ballery to implement a provision shall imply no waiver thereof.

Legal Jurisdiction

The relationship between Builder Ballery and its Members shall be subject to substantive law within the state of Karnataka, India. With respect to all disputes based on or in connection with any order, transaction or contract, the ordinary courts in Bangalore, Karnataka, shall have exclusive jurisdiction.

Communicating with Builder Ballery

Communication with Builder Ballery can be made by email.
The email address for all communications concerning these Terms is:
builderballery@gmail.com

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