Last updated: (21/10/2019)
Website terms and conditions for sale of goods, services & digital content to consumers
Who are we and our contact details.
We are Buildily Limited. We’re a company registered in England and Wales with company number 10929397 whose registered address is at 20-22 Wenlock Road, London N1 7GU.
You can get hold of us in any of the following ways:
- by emailing us at [email protected]; or
- by writing to us at Buildily Limited, 20-22 Wenlock Road, London N1 7GU.
In case you need it, our VAT number is 277 3929 54.
What do these terms do, and why are they important?
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
- how we will provide you with the goods, services and/or digital content that you have ordered
- our payment terms and delivery times
- the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
- what you should do if there is a fault with the goods, services and/or digital content that we have provided to you, and
- how we will use your personal details
as well as other matters.
If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
Your personal information
For information about how we collect and use your personal information, please see our general privacy notice, which is available here https://platform.buildily.com/privacy-policy.
Order Process and the Contract between you and us
When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods, services and/or digital content to you which we will usually communicate by email. If we tell you that we cannot provide the goods, services and/or digital content to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, services and/or digital content, and we have already received payment from you, then we will promptly refund you for any goods, services and/or digital content that we cannot provide to you.
About the goods
Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
Changes to goods, services and/or digital content
If you would like to make a change to the goods, services and/or digital content for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
In some circumstances, we may need to make minor changes to the goods, services and/or digital content that you ordered. As these are minor changes and will not affect your use of the goods, services and/or digital content, we will not usually contact you about these. These minor changes are likely to be:
- because we need update the goods, services and/or digital content to implement a change in the law, or a regulatory requirement; and/or
- because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods, services and/or digital content.
It is possible that exceptionally, we may need to make a more major change to the goods, services and/or digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 16.1 (cancellation terms) of these terms and conditions will apply. The changes that we expect to fall under this section are:
- Service provider, offer, deal or discount is removed, changed, amended or added, by us or by the third party service provider.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Digital content updates
From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description of it that was provided to you during the order process.
The price of the goods, services and/or digital content will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.
We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 16.1 of these terms and conditions will apply).
Any costs for delivery of the goods, services and/or digital content and other costs associated with the goods, services and or/digital content will be the amounts that were set out to you in the order process on our website.
When you need to pay us depends on whether what we provide you with is goods, services or digital content:
- For one-off goods, you must pay for them before we deliver them to you;
- For subscriptions to goods, you must pay monthly, in advance;
- For one-off services, you must make a prepayment of 100% of the price before we begin to supply the services.
You must pay the invoice within 7 days of the date of the invoice;
- For ongoing services, we will invoice you monthly, in advance for the services. You must pay the invoice within 7 days of the date of the invoice;
- For one-off digital content, you must pay for it before you download or stream it;
- For subscriptions to digital content, you must pay monthly, OR in advance.
We accept payment by stripe & paypal
If you do not pay us on time, we may charge you interest at the rate of 1% a year above the base rate of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.
Delivery and collection of goods and digital content and supply of services
Before you place your order , on our order pages, we will let you know when we will deliver the goods, services and/or digital content to you
Delivery and supply times will depend on whether you have ordered goods, services and/digital content and whether these are one-off, ongoing or subscriptions:
- For one-off goods, unless we have agreed another date with you, we will deliver them within 30 days of the date on which we accepted your order;
- For subscriptions to goods, we will provide the goods to you during the times as told to you during the order process until the contract is cancelled by you (see section 16 – your rights to cancel) or by us (see section 17 – our rights to cancel) or until we withdraw the goods (see section 18);
- For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
- For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the services (see section 18);
- For one-off digital content, it will be available for download, streaming or access page to premium/ package content by you once your order has been accepted and you have made payment (see section 8 for information about payment) but please note that you will lose your cooling-off period cancellation rights (see section 15) once you begin to download, stream or access page of the digital content;
- For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the digital content (see section 18).
We will contact you if we are delayed in delivering the goods, services and/or digital content to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract and we will provide you with a refund for any goods, services and/or digital content that you have paid for but not yet received.
If something happens that means we must suspend the supply of the goods, services and/or digital content to you, for example:
- to make minor technical adjustments or to resolve technical issues;
- to update the goods, services and/or digital content to implement a change in law or any relevant regulatory requirement,
then we will contact you to let you know.
We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods, services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
If we are going to suspend the supply of a good, service or digital content for more than 3 months then you may contact us to cancel the contract (not including change of service provider or third party offer). We will provide you with a refund for the relevant good, service or digital content for which you have made payment but have not yet received.
Responsibility for and ownership of goods
You will be responsible for goods from the point at which we deliver the goods to you – or, if you have told us that you are collecting the goods, from the point at which you collect the goods from us.
You will only own the goods once we have received full payment for them.
We will inform you in the description of the goods, services and/or digital content on our website of information that we need from you in order to provide you with the goods, services and/or digital content. We will contact you to request this information.
If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 17.2 will apply), or we may charge you for the additional costs that we incur as a result.
If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, services and/or digital content – or if we do not provide any part of them to you.
If there is a fault with the goods, services and/or digital content
We hope that you are satisfied with the goods, services and/or digital content that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.
We must provide goods, services and/or digital content to you that meet your consumer rights.
This section 13.3 provides you with a summary of your consumer rights if there is a fault with the goods, services or digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
- If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you’re entitled to the following:
- For up to 30 days if your goods are faulty, you can get an immediate refund.
- For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
- For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
- If we have provided you with services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.
- If we have provided you with digital content, the Consumer Rights Act 2015 says that the digital content must be as described, fit for purpose and of satisfactory quality and:
- If your digital content is faulty, you’re entitled to a repair or replacement.
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.
Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 15.
Our liability if you suffer loss or damage
If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods, services and/or digital content to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
If we provide you with digital content that is faulty and that damages your device, we will either repair the device or pay compensation to you.
We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods, services and/or digital content (a summary of which is set out in section 13.3) or for providing you with defective items under the Consumer Protection Act 1987.
If we provide any advice to you, including in any instructions or manuals provided to you with the goods, services and/or digital content, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
We only provide goods, services and/or digital content for private and domestic use. We do not provide them for business or commercial use. If you do use the goods, services and/or digital content for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
Cooling-off period and your right to cancel the contract during it
Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 16 below.
When you buy goods, services and/or digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 15.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 15.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods, services and/or digital content. It is also subject to certain exceptions, which are set out in section 15.4 below. You can calculate the cooling-off period as follows:
- For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
- For goods that are ordered together but are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
- For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract;
- For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
- For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract;
- For digital content (whether one-off or subscription), you have up to 14 days after the day we contact you to accept your order to cancel the contract, unless you start to download, stream or access ( the content page and access any provided, associated benefit including free website provided by Go Site Builder) the digital content before that time (in which case we will ask you to acknowledge before downloading, streaming or accessing the page and/or discount, deals or offers related to our service that you have lost your cancellation rights).
If any of the following circumstances applies to the goods, services and/or digital content that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods, services or digital content because you have changed your mind:
- if the goods have been personalised or made to your specification;
- if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;
- if the goods that you have ordered are sealed audio or video recordings, or computer software and you have broken the seal on them;
- if you have combined the goods with others goods and they are inseparable;
- if the goods are of a kind that will deteriorate rapidly;
- if you have started to download, stream or access the digital content (or page) and associated offers/deals including free website that you ordered;
- if the services have been completed;
If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 15.3) in one of the following ways:
- contacting us on the details set out in section 1 and include your name, email address, address and order details, providing a clear statement that you want to cancel; or
- filling out the form that is available at end of this page and submitting it to us, or print off that form and post it to us – in either case, using the details set out in section 1.
If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are types of goods that are not suitable for return by post then you should contact us promptly to make arrangements for collection, which will be at your cost.
If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.
If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods, services and/or digital content as well as any standard delivery costs that you paid but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you or, if earlier, within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
Your rights to cancel the contract
In addition to your rights to cancel the contract during the cooling-off period set out in section 15, if any of the following circumstances apply, you have the right to cancel this contract immediately:
- we have informed you that there was an error with the price or the description of the goods, services and/or digital content when you placed the order, and you now do not wish to proceed based on the correct price or description;
- we have informed you that we need to make a major change to the goods, services and/or digital content (see section 6.3) and you do not want to proceed with the change;
- there is a significant delay in providing the goods, services and/or digital content to you, because of circumstances that are not within our control (see section 9.2);
- we have informed you that we need to suspend the supply of goods, services and/or digital content to you, for any of the reasons set out in section 10.1, for more than 3 months; or
- you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 16.1(a) to 16.1(e)), then we will provide you with a refund for any goods, services and/or digital content that you have paid for but we have not yet provided, or we may provide you with a refund for any goods, services and/or digital content that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.
If there is a fault with the goods, services and/or digital content that we have provided to you, please see section 13 of these terms and conditions.
If you are cancelling the contract for any other reason that is not set out in section 16.1 or section 15 (where you are cancelling the contract during the cooling-off period), then the contract will end in 1 months and you will continue to pay us for any goods, services and/or digital content provided during that period. If you have made payment for any goods, services and/or digital content that is/are to be supplied to you after that period, we will provide you with the relevant refund.
If you cancel the contract after we have dispatched goods, then you must return the goods to us (by posting them back to us, or if they are not suitable for posting, then you must allow us to collect them from you). If you cancel the contract because of circumstances set out in section 16.1 or because there is a fault with them (see section 13), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 15, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection, which will be at your cost.
Our rights to cancel the contract
If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
- you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 8.4);
- you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 9.3);
- you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 9.4);
- you do not provide us with information that we have requested from you within a reasonable time (see section 12.1);
If we cancel the contract because you have not performed your obligations (including those examples listed in section 17.1), we will provide you with a refund for any goods, services and/or digital content for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.
If we stop providing goods, services and/or digital content
If the goods, services and/or digital content with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you at least 3 days before we stop providing them, to let you know. If you have made payment for goods, services and/or digital content that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.
We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
If you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
MODEL CANCELLATION FORM (DISTANCE CONTRACTS)
The wording on this form is specified by the law. You should therefore only change those parts indicated.
To Buildily Limited 20-22 Wenlock Road, London N1 7GU [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as
TERMS OF SERVICE
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected]
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Buildily.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. You must be at least 16 years old to use the services.
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us.
What are the basics of using Buildily.com?
Buildily.com enables users to create a personal directory profile website listing (the “Website”) to provide information about who you are and what you do and what is your business or service. Certain Services we provide also enable you to engage with the end users of your Website (your “End Users”), such engaging in online groups, sending messages, or writing articles or posts.
When you sign up for an account, you must provide your email address and select a password and user name (“Buildily.com User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Buildily.com User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
All members acknowledge and agree that they will use their real name and their own picture and not a picture of their business or logo. Any user using false or misrepresenting information or images will be removed without notice.
You represent and warrant that you are an individual who is at least 16 years old. You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Buildily.com); Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your Buildily.com account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Buildily.com?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Buildily.com’s) rights.
You understand that Buildily.com owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Buildily.com or to other users?
For all User Submissions, you hereby grant Buildily.com a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Buildily.com account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Buildily.com the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission publicly on the Services (a “Public User Submission”), then you grant Buildily.com the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission publicly accessible to all visitors to your Website and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Buildily.com’s business, provided that Buildily.com will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), then you grant us a nonexclusive license to use, commercialize, exercise, and otherwise exploit the Feedback for any purpose.
You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, irrevocable, and worldwide, provided that when you delete your Buildily.com account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Buildily.com’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Buildily.com, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Buildily.com, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. The Services may contain links or connections to third party websites or services that are not owned or controlled by Buildily.com. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Buildily.com is not responsible for such risks.
By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Buildily.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Buildily.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Buildily.com, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will Buildily.com ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does Buildily.com cost anything?
Though many of our Services are currently free, we currently charge for aspects and areas of our platform reserve the right to charge for certain or all Services in the future. You shall pay all applicable fees, as described on the Buildily.com website in connection with such Services selected by you.
Buildily.com reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
What if I want to stop using Buildily.com?
Buildily.com is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Buildily.com has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Buildily.com.
If you have deleted your account by mistake, you can create another one at any time by visiting our homepage. Or, you can contact us, we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither Buildily.com nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Buildily.com or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY BUILDILY.COM (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BUILDILY.COM (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERson FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) £100 OR (II) THE AMOUNTS PAID BY YOU TO BUILDILY.COM IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REAsonABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Buildily.com, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Buildily.com’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms (and the Policies) shall be governed by and construed in accordance with the laws of England and Wales and you and we hereby agree to submit to the exclusive jurisdiction of the English courts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BUILDILY.COM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Buildily.com may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and Buildily.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Buildily.com, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Buildily.com, and you do not have any authority of any kind to bind Buildily.com in any respect whatsoever.
You and Buildily.com agree there are no third party beneficiaries intended under these Terms.
The information contained on Buildily.com website (the “Service”) is for general information purposes only. Buildily assumes no responsibility for errors or omissions in the contents on the Service.
In no event shall Buildily be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service.
Buildily reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
Buildily does not warrant that the website is free of viruses or other harmful components.
External links disclaimer
Buildily.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with Buildily.
Please note that the Buildiy does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
This affiliate disclosure details the affiliate relationships of Buildily with other companies and products. Some of the links on are “affiliate links”, a link with a special tracking code.
This Affiliate Compensation Disclosure is provided by Buildily Limited . (“Buildily” or “we” or “our”), and applies to www.buildily.com including, without limitation, both mobile and online versions of our web sites and social channels (collectively, referred to herein as the “Site”), and is provided for the purpose of disclosing Buildily’s financial relationship with affiliates, advertisers, sponsors and other third parties that appear on the Site (collectively, referred to herein as “Affiliates”), pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, 16 C.F.R. Part 255.
This Affiliate Compensation Disclosure has been posted on the Site or has otherwise been linked to in a post or article since Buildily refers and promotes and thus receives monetary and other forms compensation from Affiliates for various advertising, sponsorships, insertion orders and promotional campaigns that we feature on the Site. Thus, there is paid connection between each product or service mentioned, reviewed or recommended on this Site and the Affiliate (i.e., the owner of that third party product or service). If you ultimately decide to purchase a product or service mentioned on the Site, Buildily may receive additional compensation – at no extra cost to you from that purchase from the Affiliate. Every effort has been made by Buildily to provide true and accurate statements in regards to any and all products or services mentioned by Buildlly on this Site, however Buildily relies on the information provided by Providers and Merchants and thus cannot guarantee the accuracy of this information.
Further, the Site posts or otherwise promotes content, including editorial content, which may feature third party products and services (the “Affiliate Products”) and which may link to third party owned and operated web sites where you can purchase Affiliate Products. Any time that you click on a link to an Affiliate’s Product on the Site and then follow the link to purchase an Affiliate Product on the Affiliate’s web site, Buildily will receive compensation from the Affiliate offering the Affiliate Product. The content featuring Affiliate Product(s) may not always be identified on the Site as paid or sponsored content and the compensation that we receive from Affiliates may influence what content, topics or posts we make on the Site and where they are posted.
Even though we may receive compensation in connection with your purchase of Affiliate Products as outlined above, we still seek to provide our honest opinions, findings, beliefs, and experiences as they relate to the products and services that are featured on the Site.
Also, you may in the future see third party ads posted on the Site. Each time you click on an ad, we will receive compensation from the third party advertiser at no extra cost to you, even if you do not purchase something from the third party.
Our Affiliates include or have included (not a complete list and the parties are subject to change at any time):
- Commission Junction
- PepperJam/Ebay Affiliates
- Amazon Associates
- Share a Sale
- AWIN Network
Conditions of Sale
Through our service we (the “Site”, Buildily, Buildily Limited), the “Company”, us may work with certain providers, users or “PROVIDERS, who may offer the opportunity to members of our platform, you the users the ability to purchase or try products or services.
Some of these offers may include discounts, extended trials or other benefits including licences . These offers may be promoted on our platform(s), through our newsletter or social media channels.
We provide a membership platform which may include offers from other users or merchants, some of these merchants have pay us to be displayed or be included within our platform and or to be promoted as a product or service.
You agree and acknowledge that by purchasing or participating in any available programs, purchasing any product or service on our Site. You agree to our Term of Service and Conditions of sale.
The website operated by Buildily, (us, the Site, Buildily Limited we) acts as a platform, through which merchants/providers and users can communicate, describe and offer their service or product.
Buildily is not the provider of any such Products or Services, nor is it the seller of any such items. In the event that you decide to purchase any Products or Services described on the Site or in our mailing list or platforms whether in connection with any Offer or otherwise, you will be contracting directly with the Provider and all claims you may have regarding pricing, quality, or other issues (including with respect to defects or negligence) are between you and the Provider.
Buildily is not the provider of such Products and Services and does not in anyway guarantee any aspect of your transaction. Pricing relating to Products, Services and other available programs on the Site may change at any time in the Buildily’s or the Provider’s sole discretion without notice.
Descriptions of the Provider Offerings and Products on the Site are provided by the Provider of such goods or services or other referenced third parties.
Buildily does not investigate or vet Providers or validate any statement about a Provider or a Product or Service.
Buildily is not responsible for any claims associated with the description of the Provider Offerings or Products, even if one or more Buildily employees or agents may have reviewed the Product, Service or Provider.
A Provider may advertise goods, services or experiences on the Site that require the Provider to have an up-to-date regulatory authorisation, certification or license. Buildily does not verify, validate, or collect evidence of any regulatory authorisation, license or certification from any Providers.
You should make whatever investigation you deem necessary or appropriate before purchasing any Product or Service to determine whether: (i) Provider is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Provider is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products and Services.
Buildily is not a financial adviser, insurance, legal provider or health and wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your finances, business, legal or health because of something you have read on the Site.
Buildily does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors.
Buildily is not responsible for processing any refunds under any circumstances. Your sole remedy in the event you have a problem with any good or service is with the relevant Provider.
The Provider is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
You waive and release the Company and its shareholders, subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Provider in connection with your acceptance of an Offer or the goods, services or experiences a Provider provides in connection with the Offer or otherwise.
The Provider is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions.
You cannot purchase any products or services through the Site. All purchases of products and services are made directly from the Provider.
Terms and conditions regarding shipping, delivery, and returns will vary by Provider and will be stated in the Provider’s deal terms. Charges for delivery and applicable taxes, VAT or sales taxes will be added at checkout. Provider is solely responsible for all Provider Products purchased through the Site.
THE COMPANY WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTORS OR PROVIDERS’ EMPLOYEES OR AGENTS, OR FOR ANY HARM CAUSED TO YOU OR YOUR PROPERTY BY THEIR ACTS OR OMISSIONS.
IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY IN CONNECTION WITH A PROVIDER OFFERING, PRODUCT, SERVICE, OFFER OR OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID TO THE COMPANY FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A PROVIDER OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY THE COMPANY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.