BuildMost English Platform Design Quotation Benefits Package Service Agreement
Version Effective Date: Dec 31, 2024
INTRODUCTION
Welcome to the “BuildMost English Platform Design Quotation Benefits Package Service Agreement” (hereinafter referred to as “this Agreement”) and thank you for purchasing the Design Quotation Benefits Package (hereinafter referred to as “the Benefits Package”)!
To use the Design Quotation Benefits Package services on the BuildMost English Platform (hereinafter referred to as “the Service”), please carefully read, understand, and comply with the provisions of this Agreement.
This Agreement is entered into by and between you and YEKALON HK LIMITED (hereinafter referred to as “we” or “us”) and constitutes a legally binding contract. We remind you to carefully read and fully understand all the terms of this Agreement, especially those that exempt or limit liability, and the provisions concerning applicable law and dispute resolution. Terms that exempt or limit liability will be highlighted in bold and underlined for your attention. If you believe these terms may affect your rights or interests in certain circumstances, please re-read them before confirming your acceptance of this Agreement or using the Service. You should proceed only if you voluntarily accept these terms.
If you do not agree to any or all provisions of this Agreement, please do not confirm your acceptance (including but not limited to clicking, entering the purchase process, etc.) or use the services under this Agreement. By following the instructions on the activation page of the Design Quotation Benefits Package on the BuildMost English Platform, reading and agreeing to this Agreement, and completing all activation procedures, you confirm that you have fully read, understood, and accepted all the terms of this Agreement. At this point, you establish a contractual relationship with us and voluntarily agree to comply with all the provisions stipulated herein.
If you are under the legal age of majority in your country or region, or the age required to independently undertake the obligations of this Agreement or pay the fees associated with the Benefits Package, you must ensure that you review and agree to this Agreement under the supervision of your guardian. Clicking “I have read and agree to” indicates that you have obtained full consent from your guardian. Once you agree to this Agreement and use the Service, you will not be entitled to request a refund on the grounds of age. If you have not obtained your guardian’s consent, please immediately stop using the Service.
1. DEFINITION
1.1.
"BuildMost English Platform": Refers to an industrial internet platform operated by YEKALON HK LIMITED and its affiliated companies, integrating real estate, construction, building materials, equipment, and design. This includes, but is not limited to, the BuildMost English website (www.buildmost.com) and related desktop and mobile client applications.
1.2.
"We": refers to YEKALON HK LIMITED.
1.3.
“You” / “User”: Refers to any user who uses part or all of the services provided under this paid service.
1.4.
“Benefits Package Benefits”: Refers to the benefits and specialized services available to users who activate the Design Quotation Benefits Package on the BuildMost English Platform. The specific benefits shall be as displayed on the activation interface of the Design Quotation Benefits Package on the BuildMost English Platform.
1.5.
“Design Quotation Benefits Package Service”: Refers to the range of services we provide to ensure that users can obtain or utilize the benefits associated with the Design Quotation Benefits Package on the BuildMost English Platform.
1.6.
“Platform Rules”: Refers to all agreements, policies, rules, and guidelines currently issued or that may be issued periodically by BuildMost, including but not limited to the Terms of Use, Privacy Policy, disclaimers, legal notices, operational guidelines, forum rules, help center resources, user center operation protocols, recruitment policies, FAQs, product descriptions, and announcements. These regulations cover all aspects of the platform, apply to all users, and are legally binding. The Platform Rules take effect from the date of publication, and users are expected to stay informed of and adhere to all terms and provisions contained therein.
2. ACTIVATION OF DESIGN QUOTATION BENEFITS PACKAGE SERVICE
2.1.
The Design Quotation Benefits Package service is exclusively available to designers, design companies, and businesses providing design services on the BuildMost English Platform. We reserve the right to adjust the eligible user groups for this Benefits Package in real time based on factors such as the user’s platform benefits, supply-demand dynamics, and market conditions. Whether you can purchase the Benefits Package will depend on the information displayed on the activation page at the time of purchase.
2.2.
You may choose to purchase different types of Benefits Packages and pay the corresponding fees. Upon completion of payment (online payments are considered completed when the page displays "Paid Successfully," and wire transfers are considered completed when we receive your payment and send you a "Paid Successfully" email or in-platform message), the Benefits Package will be successfully activated. Before activation (including reactivation), both you and we retain mutual discretion: you have the right to decide whether to activate the service, and we have the right to accept or reject your activation request.
2.3.
When purchasing the Benefits Package, you must carefully verify your account details and accurately select the relevant options. If you suffer any loss due to errors such as incorrect account input, improper operations, or misunderstanding of billing methods, we will not provide any compensation or reimbursement.
2.4.
To ensure that we can provide you with complete Design Quotation Benefits Package services and protect your Benefits Package benefits, you are required to submit necessary certification documents and upload relevant design works before purchasing the service. Business users must upload a valid business license or other relevant company documentation, while individual users must upload real-name identification documents, such as a passport or ID card. Additionally, you must provide complete company or personal information and complete the required certification for the type of design services you offer. Only after passing the certification for design service type and uploading the required design works can your Benefits Package benefits be fully utilized. Users who fail to complete the certification or upload the required design works will not be able to enjoy the full Design Quotation Benefits Package services and benefits.
2.5.
You must ensure that you possess full civil rights capacity and civil conduct capacity during the activation and use of the Design Quotation Benefits Package services. You must also ensure that you have the actual ability to enter into and perform the rights and obligations stipulated under this Agreement.
2.6.
You understand and agree that we reserve the right to adjust the service fees and benefits of the Design Quotation Benefits Package (including types, quantities, validity periods, content, and delivery methods) based on our business development needs. Any such adjustments will take effect upon the publication of a notice. For Design Quotation Benefits Packages activated before the adjustments take effect, the service terms will remain unchanged until the package’s validity period expires or the number of benefits within the package is fully utilized, whichever comes first. If you wish to purchase a new Benefits Package after the current one expires or is fully utilized, you will need to activate the service based on the updated fees and benefits.
2.7.
Before purchasing the service, you should carefully verify your account information, selected service content, price, and service term. Payments should be made through our designated payment methods, including but not limited to PayPal, bank transfers, and credit card payments, or other payment methods we may designate in the future. If you use payment services provided by third-party channels, you should carefully read and understand their payment rules (including invoicing rules) in advance. You understand and acknowledge that this service constitutes a digital and virtual product. The service fees you pay represent the price of the Design Quotation Benefits Package service and are not prepayments, deposits, or savings.
Upon completion of payment (online payments are deemed complete when the page displays "Paid Successfully", and wire transfers are deemed complete when we receive your payment and send you a "Paid Successfully" email or in-platform message), the Design Quotation Benefits Package service will take effect immediately. Except in cases of significant defects in the service that render it entirely unusable, material breaches on our part, provisions in this Agreement, or legal requirements mandating refunds, you are not entitled to request a refund.
2.8.
For the type of Benefits Package you purchase under the Design Quotation Benefits Package service, we will issue an equivalent compliant invoice based on applicable tax regulations. For detailed instructions on invoicing procedures, please refer to "User Center" - "Order Management Center" - "Order Management" - "Paid" - "View Invoice."
2.9.
You may log in to the "User Center" at any time to view detailed information about your account, including activated service content, service terms, and account benefits. You can also check your spending details and transaction status under "User Center" - "Order Management Center"-"Order Management."
3. USAGE OF DESIGN QUOTATION BENEFITS PACKAGE SERVICE
3.1.
The validity period of the Design Quotation Benefits Package is one year, effective from the date of successful purchase and payment. The validity period lasts until all design Quotation Benefits within the package are fully utilized or the expiration date is reached, whichever comes first. We will notify you before the validity period expires (30 days and 15 days prior to expiration) via email, SMS, or in-platform messages.
If any design Quotation Benefits within the package remain unused after the validity period, they will expire and cannot be used, and you will not be entitled to compensation or a refund for unused Benefits. If you purchase multiple Benefits Packages, their validity periods do not combine, and the validity periods of the Benefits Packages and VIP Membership also do not combine.
You should prioritize using the design Quotation Benefits from the package or VIP Membership that expires first.
3.2.
The benefits of the Design Quotation Benefits Package, including their issuance, acquisition, usage, and consumption, may be subject to specific usage rules based on their nature (if applicable). All rights and activities related to the Design Quotation Benefits Package and their operations are owned by us. These specific usage rules are supplementary terms applicable to the respective Benefits Package type and form an integral part of this Agreement. In the event of any inconsistency between these specific rules and other terms in this Agreement, the specific rules shall prevail.
3.3.
To enhance user experience, we may update or modify the Design Quotation Benefits Package service and/or related services, features, or interfaces, including adding new features or removing outdated ones. Unless otherwise stated, the modified services and features remain subject to the provisions of this Agreement.
3.4.
The Design Quotation Benefits Package service and its benefits are for your own use only. Given that your account is closely tied to your certification and the Benefits Package benefits, you must not lend your account to others. Any violation of this provision will make you responsible for all resulting consequences. In such cases, we reserve the right to independently determine appropriate actions, including but not limited to suspending or terminating your Design Quotation Benefits Package service. You will not be entitled to a refund of any service fees paid. From a fairness perspective, you acknowledge that all actions performed through your account will be considered as your own, and you and the actual user will bear any resulting consequences.
3.5.
Your account information, including your username, password, and biometric data (if applicable), must be set up and securely maintained by you. You are responsible for the proper use and safekeeping of your account information. Any loss arising from the leakage, loss, or theft of your account information not caused by our fault shall be borne by you. If you discover unauthorized use of your account or any anomalies that prevent normal login or usage, you must follow the official account recovery process published by us. During the recovery process, we may require you to provide relevant information and/or proof. Ensure that all information provided is accurate and valid; otherwise, failure to pass our verification may result in an unsuccessful recovery.
3.6.
To protect your account security and prevent theft, we may periodically or randomly conduct security checks and verifications on your account through methods such as identity verification, SMS verification, or email authentication. If you fail to complete verification or unreasonably refuse to comply, we may reasonably suspect your account is compromised or stolen and may suspend services to your account or take further action.
3.7.
You must use the Design Quotation Benefits Package service reasonably and not exploit it for illegal gain. You must not transfer or assign the service or benefits of the Benefits Package to others in any form, nor lend the service or benefits to others. If we have reasonable grounds to suspect improper use of the service, we may terminate your Design Quotation Benefits Package service, revoke issued benefits, and you will not be entitled to a refund of any service fees paid. You will be responsible for any improper use and its consequences (including losses). If your actions cause losses to us, we reserve the right to seek compensation.
3.8.
You guarantee that you will adhere to the principles of good faith and honesty when acquiring and using the Design Quotation Benefits Package service. If we reasonably suspect any of the following behaviors, your application for service activation may be denied, your active Benefits Package service may be suspended or terminated, and associated benefits may be partially or entirely canceled. You will not be entitled to a refund of any paid service fees:
(1) Using any bot software, spider software, crawler software, screen-scraping tools, or similar programs to activate the services for yourself or others;
(2) Activating the services for yourself or others using improper means or in violation of good faith principles;
(3) Activating the services through non-designated methods;
(4) Activating the services for yourself or others by infringing our or others' lawful rights;
(5) Activating the services in violation of this Agreement or relevant laws, regulations, or national policies;
(6) Engaging in other actions that violate principles of good faith and honesty.
3.9.
You are responsible for ensuring that the registration and certification information you provide is true, accurate, complete, and compliant with legal requirements. If there are any changes to your information, you must promptly update your registration or certification details. Failure to provide truthful, accurate, complete, or legally compliant information will result in you bearing all associated responsibilities and consequences. In such cases, we reserve the right to terminate or suspend your Benefits Package benefits, including but not limited to partial or complete cancellation or suspension of these benefits. Additionally, you will not be entitled to a refund of any paid service fees.
3.10.
You acknowledge and agree that, to ensure you fully enjoy the Design Quotation Benefits Package service and avoid missing out on premium benefits, we may provide you with relevant information through phone calls, messages, notifications, or SMS. Such notifications are deemed delivered upon dispatch. If multiple notification methods are used simultaneously, delivery is deemed completed upon the earliest dispatch.
4. TERMINATION OF DESIGN QUOTATION BENEFITS PACKAGE SERVICE
4.1.
If all the Benefits within your purchased Design Quotation Benefits Package are fully utilized during the validity period or the validity period expires without renewal, the Benefits Package service will terminate, and any unused Benefits will simultaneously become invalid.
4.2.
Your use of the Design Quotation Benefits Package service is predicated on adhering to this Agreement and related rules, respecting the usage restrictions of the service, and fulfilling your obligations under this Agreement. If you breach any relevant provisions of this Agreement, we may, depending on the nature of your violation, choose to suspend, terminate, or cancel this Agreement.
4.3.
You acknowledge and confirm that the service fees you pay represent consideration for the services provided. Once the Benefits Package is activated and enters its validity period, the entire suite of software products, websites, and systems built to support the Design Quotation Benefits Package is delivered and activated immediately, and the benefits of the Benefits Package are continuously supplied. The overall costs and efforts invested by us are indivisible. You will not be entitled to a partial or full refund of service fees in the event of service termination or suspension due to any of the following circumstances:
(1) You fail to use, fully use, or promptly use the corresponding Design Quotation Benefits Package benefits due to your own reasons, or you voluntarily forgo the use of the benefits;
(2) We cancel your account or terminate your Design Quotation Benefits Package service based on the BuildMost Terms of Service, our Platform Rules, this Agreement, or the Benefits Package benefit rules;
(3) You request to voluntarily exit the Benefits Package service due to normal changes in benefits, services, or functionalities during the course of BuildMost’s business operations;
(4) Your violations of laws, regulations, or this Agreement, fraudulent actions, misuse of Benefits Package benefits, actions that harm our interests, or actions that harm other users constitute a fundamental breach of this Agreement, rendering the continuation of the Agreement impossible.
4.4.
If we are unable to continue providing the Design Quotation Benefits Package service due to business adjustments or other reasons, we will notify you at least 30 days in advance via email, SMS, or in-platform messages. Following the termination of this Agreement, we will issue a proportional refund based on your actual circumstances.
4.5.
The termination of this Agreement does not affect the rights and obligations accrued between you and us prior to termination. If your actions cause us to face third-party claims, administrative penalties, or other damages, you shall compensate us for the resulting losses and/or expenses incurred, including reasonable attorney fees, investigation costs, and evidence-gathering expenses. Additionally, if your actions damage our reputation, we reserve the right to require you to issue a public statement in the media to mitigate the impact.
5. NO WARRANTY AND LIMITATION OF LIABILITY
5.1.
You understand and agree that, unless explicitly stated otherwise, all services provided under this Agreement with specific features or functionalities are only accessible through the general World Wide Web/mobile internet via the homepage of the BuildMost English website (www.buildmost.com). We are under no obligation to ensure that the aforementioned Design Quotation Benefits Package services are fully or partially available through other channels due to factors such as user experience, device advancements, or technical limitations.
5.2.
While we will continue to improve the services under this Agreement, we make no guarantees or commitments regarding metrics such as traffic, inquiries, the number of submitted quotations or quote intentions, business performance, or investment returns resulting from your use of the Design Quotation Benefits Package services.
5.3.
The benefits, features, and functionalities provided to you may vary depending on factors such as time, location, and conditions. Unless explicitly agreed otherwise, we make no guarantees or representations regarding the provision of specific features or functionalities, or the uniformity in category or scope of the features and functionalities provided.
5.4.
You understand that while we will make every effort to ensure the safety, effectiveness, accuracy, and reliability of the services and related technology and information, we are not liable for any contractual obstacles, defects, delays, or content changes resulting in direct or indirect losses caused by the following reasons:
(1) Force majeure events, such as natural disasters, strikes, riots, wars, terrorist attacks, government actions, or judicial and administrative orders;
(2) Public service or other factors, such as technical limitations, adjustments, or failures of telecommunications departments or communication networks;
(3) Faults in the software, systems, hardware, or communication lines of the user's own devices, or the use of the service in a manner not stipulated under this Agreement;
(4) Good-faith management on our part but encountering emergencies such as equipment/system failures/maintenance or issues related to network information and data security;
(5) Failures of systems, terminal devices, networks, or communication facilities, as well as uncontrollable network security risks such as hacking or virus attacks.
5.5.
We shall not provide compensation or bear any liability for damages if the Design Quotation Benefits Package is invalidly consumed or not fully utilized due to insufficient inquiry demand, reasons attributable to you, or any other third-party factors.
5.6.
If the BuildMost Design Quotation Benefits Package service becomes temporarily unavailable due to reasons attributable to us, including but not limited to technical limitations, capacity constraints, or program errors, we shall not be liable for any direct or indirect business losses, bidding opportunities, or profit opportunities caused by such interruptions unless the service interruption is due to our willful misconduct or gross negligence. In such cases, you also agree that we are not obligated to provide refunds.
5.7.
Under no circumstances shall our total liability for any refunds, compensation, or indemnification exceed the total amount of service fees we have actually collected from you for the current purchase of the BuildMost Design Quotation Benefits Package service.
5.8.
We reserve the right, within the limits of applicable laws, to independently refuse service, close user accounts, remove or edit content, or take other related actions at our sole discretion.
6. AGREEMENT UPDATES AND USER RESPONSIBILITIES
6.1.
In accordance with changes in relevant laws and regulations and the operational needs of the BuildMost Platform, we reserve the right to periodically formulate, amend, suspend, cancel, or modify this Agreement and/or related service rules via website announcements, emails, SMS, or in-platform messages. Any revised Agreement will take effect immediately upon its publication on the BuildMost Platform and supersede the previous version. Such notifications are deemed delivered upon the date of dispatch. If multiple notification methods are used simultaneously, the earliest dispatch date shall be considered the effective delivery date. Users should promptly review the updated service rules and any modifications to this Agreement. If you disagree with the updated rules or terms, you should promptly terminate your agreement with us. Continued use of the services will be deemed as acceptance of the updated Agreement. We recommend that you review this Agreement and BuildMost Platform announcements before using the services.
7. GOVERNING LAW AND JURISDICTION
7.1.
The establishment, validity, interpretation, and performance of these Terms, as well as any disputes arising from them, shall be governed by the laws of the Hong Kong Special Administrative Region.
7.2.
Any disputes, controversies, or claims arising out of or relating to these Terms, shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in force at the time of the commencement of the arbitration. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding on both parties.
8. MISCELLANEOUS
8.1.
The index keywords listed before each clause in this Agreement are provided solely for your convenience and understanding of the main idea of the terms and do not affect or limit the meaning or interpretation of the clauses. To safeguard your rights and interests, we recommend that you carefully read the specific terms of each clause.
8.2.
This Agreement serves as a supplement to the "BuildMost Terms of Service," "BuildMost Privacy Policy," and other platform agreements, forming a unified whole with these agreements. The content of this Agreement includes its main text and all applicable service terms and rules that we have already published for the Benefits Package users. Future updates to relevant terms and rules will be developed based on this Agreement and will take effect upon publication in accordance with the prescribed procedures. All terms and rules are inseparable parts of this Agreement and have the same legal effect as the Agreement itself.
8.3.
If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding. Customer service contact for “BuildMost English Platform Design Quotation Benefits Package Service Agreement”: [email protected].
