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Architect's Terms and Conditions For The Use of Homboo's Services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING YOUR PRODUCTS (AS DEFINED BELOW) FOR SALE ON THIS WEBSITE, YOU WARRANT AND REPRESENT THAT YOU ARE AN ARCHITECT DULY LICENSED IN YOUR JURISDICTION, AND YOU ACCEPT AND ARE BOUND BY THESE ARCHITECTS’ TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU UPLOAD PRODUCTS ON BEHALF OF A COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE ARCHITECTS’ TERMS.
YOU MAY NOT PLACE YOUR PRODUCTS FOR SALE ON THIS WEBSITE OR IN ANY WAY USE ITS SERVICES IF YOU (i) DO NOT AGREE TO THESE ARCHITECTS’ TERMS, (ii) ARE NOT THE OLDER OF (A) 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Architects’ Terms and Conditions for the Use of Homboo Services (these "Architects' Terms") apply to the use of services through Homboo (the "Website"). These Architects’ Terms are subject to change by Homboo Digital Inc. a Florida, USA corporation (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Architects’ Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Architects’ Terms prior to uploading any products to be available for sale through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Architects’ Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. As such, all Website Terms of Use apply to you. You should also carefully review Section 16 of this Terms and Conditions and our Privacy Policy document before placing your products for sale through this Website.
2. Service Provided. Homboo facilitates a service, which allows Homboo customers (the “Users”) to buy, pursuant to the Architects’ Terms and conditions set forth in this Agreement and the Website Terms of Use, a limited license on architectural building plans (the “Products”) from architects like you, using the Homboo.com website. Registered and not registered Users and architects can buy and sell on Homboo; registration is free of charge.
3. Offer of the Products for Sale. You agree that, once you upload the Products on the Website, the Website will generate an offer to sell, under these Architects' Terms and the Website Terms of Use, the Products. While we do not prescreen all Products, we will not be obligated to display the Products for sale if, in our sole and absolute discretion, they fail to meet any legal, technical, aesthetic, or any other applicable standards for publication on the Website. We may choose to remove the Products from our Website at any time and for any reason whatsoever.
(a) Avoid using brand names or having a URL that tries to trick buyers. Refrain from trying to send customers away from Homboo. Any attempt to circumvent the Homboo sales process or divert customers to another website is strictly prohibited.
(b) You can only use Homboo's massaging system to respond to customer's questions and comments.
(c) Do not send your email to customers.
(d) Refrain from cheating to get good reviews.
4. Rating and feedback. Homboo ratings and feedback allow shoppers to evaluate your Product. They help you to develop an understanding of customers' preferences and needs to develop a reputation in the marketplace. You cannot post inappropriate content in the feedback or include any personal information, which includes posting ratings or feedback to your own Account. On the other hand, you may request a rating or review from a buyer. However, you cannot offer or pay an incentive to the buyer for providing and deleting their feedback.
5. Reviews. Reviews play a crucial role on any e-commerce marketplace, serving as social proof. This holds true for Homboo as well. To maintain the quality of reviews for products or services, it is important to adhere to Homboo's community guidelines. You can encourage buyers to leave reviews in an unbiased manner. However, requesting them to write a review only if they have genuinely experienced the product/service is not allowed. Furthermore, if you come across a review that you believe violates Homboo's terms and conditions, please click 'Report Abuse' and notify Homboo.
6. Sales Rank. You cannot cheat Homboo for sales rank. Manipulating Homboo sales rank or bragging about it in your product description or titles is strictly prohibited.
7. Search and browse experience. Do not abuse the search engine. You are not allowed to manipulate the search and browser experience of customers. Customers are only expected to see relevant and accurate results. A few of the prohibited activities include, but are not limited to:
(a) Using bots or other artificial simulations to influence customers' search or browsing traffic.
(b) Proving irrelevant or misleading information in the listing page (title, description, and bullet points).
(c) Creating duplicate listings to trick buyers is prohibited on Homboo.
(d) Sellers cannot upsell products during their service. Any service that is to be performed by you must be outlined in the scope of work on the service description detail page on the date of the service requested. However, if a buyer requests a service outside the defined scope of work, the seller (service provider) may fulfill and change the customer directly.
(e) You should only have one Homboo Architect account. Using multiple accounts to sell the same Product is prohibited.
8. Prices and Payment Architects' Terms. The products will be sold at the price you establish when uploading them to your Homboo account. Homboo will collect a service fee between 25% on top of the established price range, or such a higher percentage as indicated when uploading the products, as compensation for its services. We reserve the right to periodically review product prices. For fast-selling products, we may suggest price increases. For slow-selling products, we may recommend price decreases to boost sales. It is prohibited to manipulate the prices of products.
9. Reviewing and obtaining transaction and settlement reports from your Account. You can reconcile your sales data and bank account deposits to verify that you have been paid for your Product sale. At your Homboo account/Sales Report and Statements, you will see the email of the customer who placed the purchase and the date of purchase. You can verify the payments you have received for your Product.
(a) To check your payments from your product sales, you can verify whether Homboo has deposited the funds into your bank account by clicking the 'Sales Report' button in at your Homboo account”Profile”. On the “Sales Report & Statements” button, you can review your recent sales and sales statements from past months or years. The 'Recent Sales' section also displays any pending sales you might have at the moment.
(b) If the Transaction appears in the Recent Sales section as pending, it means that the product has been purchased but it is a “Pending” status.
(c) Homboo does not process product sales directly. Instead, Homboo outsources its payment collection system to a globally recognized payment gateway company. It typically takes 3-5 working days for Homboo to receive the funds from your product sale. Once Homboo has collected the payment, it will take an additional 1-3 working days to deposit the sale proceeds into your registered account.
(d) If the deposit has not arrived after the aforementioned time has passed, you can troubleshoot the issue by providing your bank with the ACH/Trace ID. You can find this ID in an informational box at the top of the 'Statement View' page in Seller Centra??
10. Seasonal Sale Promotions. Homboo will create seasonal sales promotion campaigns throughout the year. You will receive a 15-day advance notice on the upcoming seasonal sales promotion campaign, indicating the campaign's start and end dates. You agree that if you want to participate in such sale promotion, you must fulfill the campaign's start and end dates. You are responsible for selecting the Product (s) and determining the discount percentage to be applied to your Product. You implement the discount on your Product from your Homboo account, "My Profile/Project Discount Campaign." In case of non-fulfilling with the established campaign's dates, Homboo will send you an email communication notice to the email registered in the Homboo account indicating the situation. If the case still needs to be corrected or solved within three Laboral days, Homboo has the sole authority to immediately take the Product (s) off the Website.
11. Services. Homboo offers Product buyers the option to make minor changes to purchased Products. These services include modifications to aspects such as adjusting minor house design's floor plan and changes of exterior-interior finish materials. Accepting these services does not obligate you to proceed with the work. Both the architect and the customer requesting the changes must agree on the scope of work and its associated cost before moving forward. You are expected to respond to customer requests within the next five (5) working days.
12. Content.
(a) When you upload the Products, you retain your ownership rights in the Products and you grant us an irrevocable, perpetual, non-exclusive, transferable, free, worldwide license to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute such Products, for any purpose in connection with the Website or the promotion of the Website, and to prepare derivative works of, or incorporate into other works, such Products in connection with the Website or the promotion of the Website.
(b) You also hereby grant each User purchasing the Products a License, as such term is defined in the Website Terms of Use.
(c) You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of the Products. We make no warranty that the Products are made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your Products; (2) we have no responsibility or liability for the deletion or failure to store any Products, whether or not the Products was actually made available on the Website; and (3) any and all Products submitted to the Website is subject to our approval. We may reject, approve or modify the publication and offer on the Website of your Products at our sole discretion.
(d) You represent and warrant that your Products:
(i) do not and will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
(ii) do not and will not violate any law or regulation;
(iii) do not and will not be defamatory or trade libelous;
(iv) do not and will not be obscene or contain child pornography;
(v) do not and will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
(vi) do not and will not contain material linked to terrorist activities
(vii) do not and will not include incomplete, false or inaccurate information about User or any other individual; and
(viii) do not and will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(e) Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.
(f) We provide unmonitored access to third party Products, including User feedback and articles with original Products and opinions (or links to such third-party Products). We only act as a portal and have no liability based on, or related to, third party Products on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
(g) The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the Products, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party Products, links to third party Products and/or websites is at your risk.
(h) In relation to deletion or hiding of any information or Products, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of Products or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
13. Delivery of the Products. Homboo only delivers Product digitally. Homboo delivers purchased Products only in digital formats (.PDF or .CAD) to the User. Please check Customers’ Terms and Conditions page for specific delivery options..
14. Indemnification.
(a) BY CHOOSING TO SELL YOUR PRODUCTS THROUGH THE SITE, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISK, DANGERS, AND HAZARDS, AND YOU AGREE THAT THE WE ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY YOU OR THE PRODUCTS WITH RESPECT TO ANY PERSON OR PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT INCORRECT ARCHITECTURAL PLANS MAY RESULT IN CONSTRUCTION DEFECTS WHICH CAN CAUSE ECONOMIC LOSSES AND PERSONAL INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY. YOU WILL DEFEND, INDEMNIFY, HOLD HARMLESS AND REIMBURSE US FROM AND FOR ALL DAMAGES, LOSSES, COSTS, JUDGMENTS, SETTLEMENT PAYMENTS OR EXPENSES (INCLUDING LEGAL FEES) INCURRED BY US OR PAID TO ANY PERSON IN RESPECT OF ANY ACCIDENT, INJURY, LOSS, OR PROPERTY DAMAGE, HOWEVER CAUSED RESULTING FROM, ARISING OUT OF, OR OTHERWISE IN CONNECTION WITH THE USE OF THE SITE OR THE PRODUCTS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO EXERCISE FULL CONTROL OF OUR DEFENSE AT YOUR EXPENSE PURSUANT TO THIS SECTION 8(B) AND WE SPECIFICALLY RESERVE THE RIGHT TO: (1) SELECT COUNSEL OF OUR CHOICE TO DEFEND AGAINST ANY CLAIMS; AND (2) TO SETTLE ANY CLAIMS, WITH OR WITHOUT PRIOR NOTICE TO YOU.
(b) FOR PURPOSES OF THIS SECTION “WE” INCLUDES HOMBOO DIGITAL, INC. AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS.
15. State of California - Department of Consumer Affairs, California Architects Board.
Section 5537 (a) Exemptions
This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following:
(1) Single-family dwellings of wood frame construction not more than two stories and basement in height.
(2) Multiple dwellings containing no more than four dwelling units of wood frame construction not more than two stories and basement in height. However, this paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.
(3) Garages or other structures appurtenant to buildings described under subdivision (a), of wood frame construction not more than two stories and basement in height. Agricultural and ranch buildings of wood frame construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.
(4) Agricultural and ranch buildings of wood frame construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety, or welfare is involved.
16. Privacy. Our Privacy Policy, www.homboo.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
17. Governing Law and Jurisdiction. All matters arising out of or relating to these Architects’ Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
18. Waiver of Jury Trial. YOU HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON THIS OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE ARCHITECTS’ TERMS. YOU REPRESENT AND WARRANT THAT THE WAIVERS CONTAINED IN THIS SUBSECTION HAVE BEEN VOLUNTARILY MADE AFTER HAVING THE OPPORTUNITY TO REVIEW THE SAME WITH COUNSEL OF YOUR CHOICE.
19. Assignment. You will not assign any of your rights or delegate any of your obligations under these Architects’ Terms. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Architects’ Terms.
20. No Waivers. The failure by us to enforce any right or provision of these Architects’ Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Homboo.
21. No Third-Party Beneficiaries. These Architects’ Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
22. Notices.
(a) To You. We may provide any notice to you under these Architects’ Terms by:
(i) sending a message to the email address you provide or.
(ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Architects’ Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to 3201 NE 183RD. #2402, Aventura, FL, 33160. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
23. Severability. If any provision of these Architects’ Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Architects’ Terms and will not affect the validity or enforceability of the remaining provisions of these Architects’ Terms.
24. Entire Agreement. These Architects’ Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Architects’ Terms.