This Agreement applies solely to the information display, facilitation of transactions for construction-related goods and services, and other online services (“Services”) provided by the Build360 website system (hereinafter referred to as “Build360”, “the Platform”, “we”, or “us”) to users of the Build360 website system (hereinafter referred to as “you”).
1. Acceptance of Terms
By accessing the Build360 website system in any manner or using any Services provided by the Platform, you agree that you have entered into this Agreement with Build360 and will be bound by the terms and conditions of this Agreement (“Terms”).
Build360 may, at its sole and absolute discretion, amend these Terms at any time. If the Terms are amended, Build360 will publish a notice on its website to inform you. If you do not agree with the relevant amendments, you must cease using the Services.
Once the amended Terms are published on the Build360 website system, they will take effect immediately. You should carefully read the revised Terms upon your first login thereafter and will have the right to choose whether to continue using the Services. Your continued use of the Services shall be deemed as your acceptance of the revised Terms. In the event of any dispute between you and Build360, the latest version of this Service Agreement shall prevail.
Unless otherwise expressly stated, any new content that expands the scope of the Services or enhances their functionality shall be subject to this Agreement. This Agreement may not be modified except by a written agreement signed by an authorised senior officer of Build360.
2. Who May Use the Build360 Website System?
The Services are only available to individuals or entities who can form legally binding contracts under applicable law. Accordingly, you must be at least eighteen (18) years of age to use the Services. If you do not satisfy this requirement, please do not use the Services.
Build360 may, at any time and at its sole discretion, refuse to provide the Services to any person. The Services are not available to Build360 members whose eligibility has been temporarily or permanently suspended.
3. Fees
We reserve the right, upon notice to you in accordance with Clause 1, to charge fees for the Services. You shall be solely responsible for all taxes and all related costs incurred by you in connection with any transaction, the purchase of fee-based services from us, or any access to our servers, including but not limited to hardware, software, communications, and network service fees.
We reserve the right, without issuing individual written notice and by publishing a notice on the Build360 website system only, to temporarily or permanently modify or discontinue part or all of the Services.
4. Build360 Website System as a Trading Venue Only
The website functions solely as a venue where users may identify trading counterparts, negotiate transactions relating to goods and services, and obtain various trade-related services. Build360 acts as an intermediary platform and is not a party to any sale and purchase agreement.
We do not control the quality, safety, or legality of the items or services involved in transactions, the truthfulness or accuracy of business information, or the ability of trading parties to perform their obligations under trade agreements. We cannot and will not control whether the parties to a transaction will fulfil their contractual obligations.
You should also be aware that there are inherent risks in dealing with foreign nationals, minors, or persons acting under fraudulent pretences, and you agree to independently assess and bear such risks.
5. Your Information and Items for Sale
“Your Information” includes any data, text, software, music, sound, photographs, graphics, video, words, or other materials that you provide to us or other users in the course of registration, transactions, posting information in any public areas, or through emails or other communications.
You are solely responsible for Your Information, and we act solely as a passive conduit for your online distribution and publication of Your Information.
If we believe that Your Information may create any legal or ethical liability for us, or may cause us (in whole or in part) to lose the services of our internet service providers or other suppliers, or if you fail to log in to or re-access the website within the period specified by Build360, we may, at our sole discretion, take any action we deem necessary or appropriate with respect to Your Information, including but not limited to deleting such information, restricting its display, or reporting it to the relevant regulatory authority (where applicable).
You warrant that you own all legal rights in respect of Your Information submitted to Build360, including full copyright or other relevant rights. You acknowledge that Build360 has no obligation to identify or determine which information submitted by you should be protected, and we are not responsible for any use of Your Information by other users enjoying the Services.
5.1 Registration Obligations
If you register on the Build360 website system, you agree that you will:
(a) provide true, accurate, complete, and current information about yourself or your company as requested in the membership registration form published on the Build360 website system; and
(b) maintain and promptly update your membership information to keep it true, accurate, complete, and current.
If you provide any information that is untrue, inaccurate, incomplete, or not current, or if Build360 has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, Build360 has the right to suspend or terminate your registration and information and to refuse your use of the Services (or any part thereof) now and in the future.
If you register with us on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or legal entity to these Terms.
5.2 Username, Password, and Confidentiality
During registration, you will select a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your username and password.
You agree that:
(a) if you discover any unauthorised use of your username or password or any other breach of security, you will immediately notify Build360; and
(b) you will ensure that you properly log out from the website at the end of each online session.
Build360 cannot and will not be liable for any loss or damage resulting from your failure to comply with this Clause.
5.3 Rules Regarding Your Information
You agree that Your Information and any items you list for trading on the Build360 website system (meaning all tangible or intangible items or rights that may be lawfully traded, including but not limited to goods, rights or interests, instruments or securities, services, or acts; all references to “items” in this Agreement shall be interpreted accordingly) shall:
a. not be fraudulent and not be associated with the sale of counterfeit or stolen items;
b. not infringe any third party’s property rights, or copyrights, patents, trademarks, trade secrets, or other intellectual property rights, or any privacy or personality rights;
c. not violate any applicable laws, regulations, rules, or codes (including but not limited to laws and regulations relating to export control, trade quotas, consumer protection, unfair competition, or false advertising);
d. not contain any defamatory (including trade libel), unlawful threatening, or unlawful harassing content;
e. not contain any obscene content or any child pornography;
f. not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programs that are designed to damage, interfere with, secretly intercept, or expropriate any system, data, or personal information;
g. not directly or indirectly link to or contain descriptions of goods or services that:
(i) are prohibited under this Agreement or under Build360 platform rules; or
(ii) you are not authorised to link to or include.
In addition, you agree that you will not:
(h) use the Services in connection with any chain letters, mass mailings, junk email, spam, or any duplicative or unsolicited messages;
(i) collect email addresses or other information of others without their consent through the Services; or
(j) create false email headers or otherwise attempt to mislead others as to the identity of the sender or the origin of information.
5.4 Prohibited Items
You must not publish on our website or buy/sell through our website:
(a) any items that may cause us to violate any applicable laws, regulations, rules, or codes; or
(b) any items that Build360 deems, at its discretion, to be prohibited or unsuitable for trading on the website (including but not limited to hazardous materials, illegal labour services, regulated equipment, etc.).
The specific categories of prohibited or restricted items are subject to the platform rules as updated by Build360 from time to time.
6. Licence You Grant to Us
You grant to us an exclusive, worldwide, perpetual, royalty-free licence (with the right to sublicense at multiple levels) to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display Your Information (in whole or in part), and/or to incorporate Your Information into other works in any form, media, or technology now known or later developed for legally permitted purposes related to the Build360 platform and its associated services.
This licence does not prejudice or affect your lawful rights as the rights holder of Your Information.
7. Privacy
Notwithstanding the licence granted in Clause 6, Build360 will use Your Information only in accordance with the applicable Personal Data Protection Act 2012 of Singapore (PDPA) and the Privacy Policy published by Build360.
The Privacy Policy forms part of this Agreement and you must read it carefully. You understand and agree that once you voluntarily disclose Your Information in any public area of the Build360 website system, such information may be accessed and used by other users.
You should avoid disclosing sensitive personal information (such as identification numbers, bank account details, or health information) in public areas unless such disclosure is necessary to complete a transaction or comply with legal requirements.
8. Transaction Procedures
8.1 Listing Product Descriptions
A product description consists of written descriptions, graphics, and/or photographs provided by you and displayed on the Build360 website system. It may be:
(a) a description of products or services you own and wish to sell; or
(b) a description of products or services you are seeking to obtain.
You may post either type of product description or both on the Build360 website system, provided that you place such product descriptions under the correct category.
Build360 is not responsible for the accuracy or content of any product description.
8.2 Negotiating Transactions
The parties to a transaction negotiate by clearly setting out offers and counteroffers via the Build360 website system. Acceptance of an offer or counteroffer by any party creates a binding obligation on the relevant Build360 users to complete the transaction in accordance with the agreed terms.
Unless in exceptional circumstances, such as:
· the other party significantly changes the description of the item after your offer is made;
· obvious typographical errors are promptly corrected; or
· you are unable to reasonably verify the identity or creditworthiness of the other party;
offers and acceptances shall generally not be withdrawn arbitrarily.
8.3 Handling Transaction Disputes
We do not and cannot act as a party to all transactions conducted via the Platform. If you have a dispute with one or more users or with any third-party service providers whose services you obtained through our website, you agree to resolve such dispute independently.
To the extent permitted by Singapore law, you hereby release Build360 (and our agents and employees) from all claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
Subject always to compliance with applicable Singapore consumer protection and small claims laws, Build360 may, within a reasonable scope, assist in facilitating the resolution of disputes.
8.4 Use of Common Sense
We cannot and do not attempt to pre-screen or control all information provided by other users through the Services. Such information may be offensive, harmful, inaccurate, or misleading, and in some cases may be incorrectly labelled or deceptively labelled.
We expect you to exercise caution and common sense when using our website and to seek independent professional advice where appropriate.
9. Transaction System
9.1 No Manipulation of Transactions
You agree not to engage in any collusion, price manipulation, or other fraudulent conduct—whether by using associates (including subordinates, customers, or third parties) or otherwise—to influence the outcome of any transaction.
9.2 System Integrity
You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper working of the Build360 website system or any transaction being conducted on our website.
You must not take any action that imposes an unreasonable or disproportionately large load on our network infrastructure.
You must not disclose your password to any third party, share your password with any third party, or use your password for any unauthorised purpose.
9.3 Feedback
You must not take any actions that may undermine the integrity of the feedback system, including but not limited to:
· using a second membership account or a third party to leave false positive feedback for yourself;
· using a second membership account or a third party to maliciously leave negative feedback for other users (feedback “bombing”);
· deliberately leaving negative feedback when users have not performed actions unrelated to the transaction itself.
9.4 No Commercial Exploitation
Unless you have obtained prior written approval from an authorised senior officer of Build360, you agree not to make any commercial use of any materials on the Build360 website system, including but not limited to copying, reproducing, scraping, or otherwise using such materials for commercial purposes unrelated to the Platform.
10. Termination or Access Restriction
Where Build360 has not charged you any service fees, Build360 may, within a reasonable scope and at its sole discretion, terminate your password, account, or use of the Services and delete any of Your Information submitted in the course of using the Services, for any reason, including but not limited to Build360’s belief that you have violated the letter and spirit of this Agreement or where you have not logged in for more than ninety (90) days.
Where Build360 has charged you service fees, Build360 will, based on reasonable suspicion and by giving notice via email or in-platform notification, implement such termination measures.
Build360 may, with or without notice, at any time partially or completely discontinue the Services.
You agree that any termination of your access to the Services under this Agreement may be implemented without prior notice, and you acknowledge and agree that Build360 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to the Services.
After your account is terminated, Build360 has no obligation to retain any information in your original account or related to it, or to forward any unread or unsent messages to you or any third party.
The provisions relating to limitation of liability, indemnity, intellectual property, applicable law, and dispute resolution shall survive the termination of this Agreement.
11. Consequences of Breach
Without limiting any other remedies, we may immediately issue a warning, temporarily suspend, permanently suspend, or terminate your membership, delete any existing product listings, and any other materials you have posted on the website if:
(i) you breach this Agreement or other platform rules;
(ii) we are unable to verify or authenticate any information you provide to us; or
(iii) we have reason to believe that your conduct may cause legal liability for you, other users, or any third-party service providers offering services through the Platform.
If we discover that you have engaged in fraudulent activities involving our website, Build360 may suspend or terminate your account and, where appropriate, report the matter to relevant regulatory or law-enforcement authorities.
12. Services Provided “As Is”
You expressly understand and agree that your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis.
To the maximum extent permitted by Singapore law, Build360 expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Build360 does not warrant that:
(i) the Services will meet all of your specific requirements;
(ii) the Services will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Services will be accurate or reliable; or
(iv) the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data resulting from the download of any such material.
Any oral or written advice or information obtained by you from Build360 or through the Services shall not create any warranty that is not expressly stated in this Agreement.
13. Limitation of Liability
To the maximum extent permitted by Singapore law, you expressly understand and agree that Build360 shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Build360 has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Services;
(ii) the cost of procurement of substitute goods and services resulting from any goods, samples, data, information, or services purchased or obtained, or messages received, or transactions entered into, through or from the Services;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Services; or
(v) any other matter relating to the Services, for any reason whatsoever.
If applicable laws impose mandatory limitations on the exclusion or limitation of liability, such mandatory provisions shall prevail.
14. Indemnity
If you breach this Agreement or any documents incorporated by reference, or if you violate any law or infringe any third party’s rights, thereby causing any third party to make a claim, bring an action, or demand against Build360 or its parent company, subsidiaries, affiliates, directors, officers, agents, or employees (including reasonable legal fees and related costs), you agree to assume full responsibility and indemnify Build360 and the above-mentioned parties and hold them harmless from all losses.
15. Compliance with Laws
You shall comply with all applicable laws, regulations, rules, and codes relating to your use of the Services and your bidding for, purchase and sale of any items, and the provision of any business information, including but not limited to Singapore laws relating to electronic transactions, consumer protection, data protection, and anti-money laundering.
16. No Agency
You and Build360 are independent contracting parties. Nothing in this Agreement is intended to or shall be deemed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Build360.
17. Advertising and Financial Services
Any communications, business dealings, or participation in promotions with advertisers or service providers found on or through the Services, including payment for 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 advertisers or service providers.
You agree that Build360 shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or the presence of such advertisers or links on the Services.
If you access any materials or information related to any company, stock quotes, investments, or securities via the Services, you should independently assess such information and obtain professional advice where necessary. Build360 shall not be responsible for the accuracy, usefulness, profitability, or availability of any such information transmitted through the Services, nor for any trading or investment decisions made based on such information.
18. Links
The Services or third parties may provide links to other websites or resources. Because Build360 has no control over such websites and resources, you acknowledge and agree that Build360 is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources.
You further acknowledge and agree that Build360 shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any such content, goods, or services available on or through any such website or resource.
19. Notices
Unless otherwise expressly provided, any notices shall be sent by email:
· for Build360, to the official notification email address with the Platform’s domain suffix; and
· for you, to the email address you provided to Build360 during registration or as subsequently updated.
A notice shall be deemed to have been delivered twenty-four (24) hours after the email is sent, unless the sender receives a system notification that the email address is invalid.
We may also provide notice to you by posting it in a prominent location on the website. In such case, the notice shall be deemed delivered three (3) days after the date of posting.
20. Force Majeure
Build360 shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control. Such causes include but are not limited to natural disasters, acts of government, changes in laws or policies, strikes or riots, wars, acts of terrorism, failures of communications or other infrastructure, large-scale cyberattacks, or major public health incidents.
21. Assignment
Without prejudicing your rights, Build360 may assign all or part of its rights and obligations under this Agreement to any affiliate or any third party that acquires relevant business of Build360, without obtaining your prior consent. Build360 will notify you by way of a platform announcement or other appropriate method.
You may not assign any of your rights or obligations under this Agreement without the prior written consent of Build360.
22. Miscellaneous and Governing Law
This Agreement supersedes any prior written or oral agreements between you and Build360 relating to the same subject matter.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.
The headings in this Agreement are for convenience only and shall not limit, define, or otherwise affect the interpretation or scope of any provision.
The failure of Build360 to act with respect to a breach by you or others does not waive Build360’s right to act with respect to subsequent or similar breaches.
The parties agree that, subject to compliance with legal requirements, this Agreement and relevant documents may be concluded and signed by electronic means, and such electronic signatures shall have the same legal effect as handwritten signatures, in accordance with the Singapore Electronic Transactions Act.
23. Dispute Resolution and Jurisdiction
Any dispute arising out of or in connection with this Agreement or the Services provided by Build360 shall first be resolved through friendly consultation between the parties.
If no resolution is reached:
· where the amount and nature of the dispute fall within the jurisdiction of the Small Claims Tribunals of Singapore, either party may file a claim with the said tribunal in accordance with applicable laws; and
· in all other cases, either party may submit the dispute to the competent courts of Singapore.
The parties agree to submit to the exclusive or non-exclusive jurisdiction of the above-mentioned tribunals and courts.
