Terms of use
Terms of Use (Service) and User Agreement
Effective Date: 1st January, 2021
GENERAL
These Terms of Use (these "Terms") represent an agreement between you and Mapia Services Pvt. Ltd. (“Mapia”) and govern your use of this website and any products or services, including house plan sets (“Plans”) made available via this website from time to time. If you wish to use this website, you must agree to the terms below as the exclusive basis which governs usage of the website and provision of services.
This website, together with such products or services, is referred to collectively as the “Site” in these Terms located at www.mapia.pk or any part of the rest of the site.
By using the Site, whether for purposes of viewing or ordering Plans or Services otherwise, you acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE.
WHAT’S NOT ALLOWED
When using the Site, you agree that you will not:
1. violate any applicable present or future laws, rules, orders, ordinances, regulations, statutes, requirements, codes or executive orders of any governmental or judicial authorities (“Applicable Laws”);
2. submit, provide or upload any text, images, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another's right of privacy or publicity or infringe any Intellectual Property Rights or other proprietary rights of any third party;
3. submit any personal information, including names or email addresses, pertaining to other individuals;
4. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
5. violate or attempt to violate the security of the Site;
6. reverse engineer or decompile any portion of the Site; or
7. “scrape” information from the Site by automated means or otherwise without authorization.
YOUR PRIVACY
Your use of the Site is subject to “Mapia” privacy policy. The provisions of our privacy policy are incorporated into these Terms. By using the Site, you acknowledge and consent to Mapia’s collection, sharing and use of information as set forth in the privacy policy.
REGISTRATION AND ACCEPTANCE
By registering for an account to use the Site or Site Services (an “Account”), and by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
To access and use the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors. Mapia reserves the right to decline a registration to join Mapia or to add an Account of any type (i.e., as a user, Professional or Vendor), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
If you create an Account on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of your company.
ACCOUNT PROFILE
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
ACCOUNT TYPES
As described in this Section, there are a number of different Account types. Once you register for one Account type, you can not add the other Account types under the same username and password. For example, if you already have a Service Provider Account (Pros), you can not add a Vendor Account (vendors) as a separate account type. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
CLIENT ACCOUNT
You can register for an Account or add an Account type to use the Site and Site Services as a Client (a “Client Account”).
PROFESSIONALS ACCOUNT
Professionals (Pros) such as Architects, Engineers, Building Contractors, Service Providers, Affiliates and Students: You can register for an Account or add an Account type to use the Site and Site Services as a Professional (a “Professionals Account”).
“Firm”: A specific type of Professional Account you can add is a “Firm Account”, the owner of which is referred to as a “Firm”.
VENDOR ACCOUNT
Vendors such as but not limited to Building material suppliers, Home Suppliers, Engineering Services etc.: You can register for an Account or add an Account type to use the Site and Site Services as a Vendor (a “Vendor Account”).
“Firm”: A specific type of Vendor Account you can add is a “Firm Account”, the owner of which is referred to as a “Firm”.
ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an Account on your behalf, for your use or for creating another firm in the same name, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. If any such User violates the Terms of Service, it may affect your ability to use the Site and Site Services. Upon closure of an Account, Mapia may close any or all related Accounts.
IDENTITY AND LOCATION VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Mapia. You authorize Mapia, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
USERNAMES AND PASSWORDS
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Mapia to assume that any person using the Site with your username and password either is you or are authorized to act for you.
PURPOSE OF MAPIA
The Site is a marketplace where Clients and Professionals can identify each other and advertise, buy, and sell Services online and contact Service Providers and Vendors through their contacts provided. Mapia provides the Site Services to Users, including hosting and maintaining the Site, facilitating user to find a suitable Clients or Professional for their work or Vendor, and assisting Users in buying ready-made floor plans.
RELATIONSHIP WITH MAPIA
Mapia merely makes the Site and Site Services available to enable Professionals and Clients to find and transact directly with each other. Mapia does not introduce Professionals to Clients, find Projects for Professionals, or find Professionals for Customers. Professionals may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Professionals that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Client or Professionals on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and Mapia is not a party to that Service Contract.
You acknowledge, agree, and understand that Mapia is not a party to the relationship or any dealings between Client and Professional. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Professional Services; or (e) paying for Professional Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User. Mapia does not make any representations about or guarantee the truth or accuracy of any Professional’s or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Professionals or Clients; and does not vet or otherwise perform background checks on Professional or Client. You acknowledge, agree, and understand that Mapia does not, in any way, supervise, direct, control, or evaluate Professionals or their work and is not responsible for any Project, Project terms or Work Product. Mapia makes no representations about and does not guarantee, and you agree not to hold Mapia responsible for, the quality, safety, or legality of Services provided by the Professionals and Vendors or Services listed at this site from Vendors and Service providers; the qualifications, background, or identities of Users; the ability of Professionals to deliver Services; the ability of Clients to pay for Services; User Content and statements or posts made by Users; or the ability or willingness of a Client or Professionals to actually complete a task.
You also acknowledge, agree, and understand that Professionals are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Mapia, and you are not eligible for any of the rights or benefits of employment (including salary, pension or insurance); (ii) Mapia will not have any liability or obligations, including under or related to Service Contracts and/or Professional Services for any acts or omissions by you or other Users; (iii) Mapia does not, in any way, supervise, direct, or control any Professional or Services; does not impose quality standards or a deadline for completion of any Services; and does not dictate the performance, methods or process Professionals uses to perform services; (iv) Professional is free to determine when and if to perform Services, including the days worked and time periods of work, and Mapia does not set or have any control over Professional’s pricing, work hours, work schedules, or work location, nor is Mapia involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Professionals for a Project; (v) Professional will be paid at such times and amounts as agreed with a Client in a given Service Contract, and Mapia does not, in any way, provide or guarantee Professional a regular salary or any minimum, regular payment; (vi) Mapia does not provide Professionals with training or any equipment, labor, tools, or materials related to any Service Contract; (vii) Mapia does not provide the premises at which Professional will perform the work. Professionals are free to use subcontractors or employees to perform Professionals Services and may delegate work on fixed-price contracts or by agreeing with their Client to have hourly contracts for Professional’s subcontractor(s) or employee(s); and (viii) Mapia does not provide shipping services for any physical Work Product.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable.
FEEDBACK AND USER CONTENT
You hereby acknowledge and agree that Users publish and request Mapia to publish on their behalf information on the Site about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Professionals or Clients voluntarily submit to Mapia and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Mapia; Mapia provides such information solely for the convenience of Users.
CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND PROFESSIONAL
SERVICE CONTRACTS
If a Client and Professional decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Client and Professional. Client and Professional have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract.
DISPUTES AMONG USERS
For disputes arising between Clients and Professional or Vendor, you acknowledge and agree that Mapia will not and is not obligated to provide any dispute assistance. You may pursue your dispute independently.
WORKER CLASSIFICATION
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Mapia and a User.
Client is solely responsible for and has complete discretion with regard to selection of any Professional for any Project. Client is solely responsible for and assumes all liability for determining whether Professional should be engaged as independent contractors or employees of Client and engaging them accordingly. Client warrants its decisions regarding classification are correct and its manner of engaging Professional complies with applicable laws, regulations, and rules. Mapia will have no input into, or involvement in, worker classification as between Client and Professional and Users agree that Mapia has no involvement in and will have no liability arising from or relating to the classification of a Professional generally or with regard to a particular Project.
Professional, acknowledges, understands, and agrees that Mapia will have no control over, or involvement in determining or influencing, the terms and conditions of any employment relationship that may arise between Professional and Client, including the selection of an employee, pay rate, work hours, employment dates and working conditions. Users agree to use the Site for, the sole purpose of enabling Professionals to communicate with the Client.
FEES
CUSTOMER FEES
There is no fee as Client to hire any Professional or Services. Client also does not pay fees if they use the Site solely for Direct Contracts with professionals or vendors.
NO FEE FOR POSTING REVIEWS OR PUBLIC FEEDBACK
Mapia does not charge a fee when a Professional finds a suitable Client or finds a Project. In addition, Mapia does not charge any fee or dues for posting public feedback and composite or compiled feedback, including Composite Information.
CURRENCY
All pricing published on our website are in Pakistan Rupee
WARRANTY DISCLAIMER
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, AND ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES INCLUDING ANY PLANS OR PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MAPIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, PRODUCTS, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPIA DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.OR DISSATISFACTION ACCORDING TO THE APPLICABLE LAW OF PAKISTAN.
LIMITATION OF LIABILITY
Mapia is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
That, your use of or your inability to use our Site or Site Services;
That, delays or disruptions in our Site or Site Services;
That, viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
That, glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
That, damage to your hardware device from the use of the Site or Site Services;
That, the content, actions, or inactions of third parties’ use of the Site or Site Services; a suspension or other action taken with respect to your Account;
That, your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL MAPIA, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF MAPIA
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mapia, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services by you or your team member, including any payment obligations or default incurred through use of the Site Services; (b) any Work Product or User Content developed, provided, or otherwise related to your use of the Site Services; (c) any Service Contract entered into by you or your team members, the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Plans or any other drawings, data or other materials furnished by Mapia or any Professional; (d) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors. failure to comply with the Terms of Service by you or your team members; (e) failure to comply with applicable law by you or your team members; (f) negligence, willful misconduct, or fraud by you or your team members; and (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your team members, your team members include any person who has apparent authority to access or use your account demonstrated by using your username and password.
“INDEMNIFIED CLAIM” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“INDEMNIFIED LIABILITY” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
TERMINATION
Unless both you and Mapia expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.
Without limiting Mapia’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Mapia or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity.
FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in Islamic Republic of Pakistan.
GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and constructed in accordance with the laws of Islamic Republic of Pakistan, as we do, to submit to the exclusive jurisdiction of the courts in the City of Lahore.
TRADEMARKS AND COPYRIGHTS
Mapia.pk, Mapia logo, and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
MISCELLANEOUS
No joint venture, partnership, employment or agency relationship exists between you and Mapia or any Professional as a result of these Terms or your use of the Site, including any Plans. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms, represent the entire agreement between you and Mapia with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by Applicable Laws, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms are for the benefit of Mapia and the Professionals, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf. Nothing in these Terms shall be construed to create, impose or give rise to any duty owed by Mapia of its affiliates or any Professional to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than you, to the extent provided herein), or to any surety for or employee of any of them, or give any rights in or benefits under these Terms to such persons. Mapia may assign these Terms at its discretion. You may not assign these Terms or any of your rights hereunder, nor delegate any of your obligations hereunder. These Terms are binding on the parties hereto and their respective successors and permitted assigns. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. These Terms will be governed by the laws of the Islamic Republic of Pakistan, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the City of Lahore. In addition to money damages, Mapia shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to Mapia. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. We will send any notices that are intended for you personally and not all users of the Site to you at the most recent email address we have on file for you. Any notice from you to Mapia should be sent by email to support@mapia.pk or by postal mail mentioned as address at this website.
ENTIRE AGREEMENT
This Agreement, together with the Terms of Service, sets forth the entire agreement and understanding between you and Mapia relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The Terms of Service are included for ease of reference only and have no binding effect. Even though Mapia drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Mapia because of the authorship of any provision of the Terms of Service.
Exclusive Terms of Use for Professionals and Vendors
These Terms of use must read in accordance with our General TOS and Agreement
ACCOUNT ELIGIBILITY
Mapia offers the Site and Site Services for your business purposes only. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, company, or other entity); (b) will use the Site and Site Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Services.
REQUIREMENTS RELATED TO CONTENT ON MAPIA
That you will only provide Mapia with Content that you have a right to provide to Mapia and to allow Mapia to display through the Services,
That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display, publication or use by Mapia.
That you understand that any other Content you find on or through Mapia is the sole responsibility of the person who originated such Content;
That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that Mapia will not be responsible or liable for any use of your Content by Mapia in accordance with this Agreement;
That you are not relying on Mapia to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services;
That you understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against Mapia for any such material.
That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Site, or other information, and you have no claim against Mapia for the placement of advertising or similar content on the Site or in connection with the display of any Content or other information at the Site.
You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
That you allow Mapia to sell your floor plans multiple times.
LICENSE TO YOUR CONTENT
Subject to any applicable Account settings that you select, you grant Mapia, and anyone authorized by Mapia, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction. In connection with the exercise of these rights, you grant Mapia, and anyone authorized by Mapia, the right to identify you as the author of Your Content by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of Your Content unless specified as share of profits by selling plans.
RESPONSIBLE PARTY FOR CONTENT
You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that User makes available through the Site, or otherwise provided to Mapia, whether online or offline and whether or not solicited by Mapia ("User Content"). Mapia has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Mapia reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Mapia shall have the right to remove any content that violates this Agreement or is otherwise objectionable.
OWNERSHIP OF YOUR CONTENT
Mapia does not claim ownership of any User Content you make available on the Site ("Your Content"). However, when you as a User post or publish Your Content on or in the Site, you represent that you have all of the necessary rights to grant Mapia the right to use.
TAXES
Professionals and Vendors acknowledges and agrees that they are solely responsible (a) for all tax liability associated with payments received from Clients and through Mapia. Professional agrees to promptly cooperate with Mapia and provide copies of tax returns and other documents as may be reasonably requested for purposes of audit, including but not limited to records showing Professional is engaging in an independent business.
Mapia may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or GST, we’ll just refer GST and any local sales taxes collectively as “GST”) in the jurisdiction of the Professional (the "Taxes"). In such instances, any amounts Mapia is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Mapia under the Terms of Service.
FEES FOR PROFESSIONALS
SERVICE FEES: Professionals shall pay Mapia service fee by purchasing “Gems” for using the Site Services. The Service Fees (to use the Site Services) are paid solely by Professionals and upon using the services only.
MEMBERSHIP FEES: Vendors may subscribe to different levels of participation and privileges on the Site to access additional features and Site Service, by payment of subscription membership fees.
COMPENSATION
That Mapia gives additional compensation to professionals for each floor plan uploaded to it by professionals (Architects), in term of “Gems”. These gems may use on the site. This is an additional incentive. Mapia reserves the rights to stop giving any incentive in partial or in full at any time.
PAYMENTS AND WITHDRAWALS
That Mapia withhold all the payments of professionals for a period of 30 days coming through selling of floor plans, to handle any refund claims and other unforeseen. Mapia release all the earnings upon request, once they complete their 30 days period in the provided beneficiary account details.
INFRINGEMENT OF COPYRIGHT (COPYRIGHT ORDINANCE, 1962)
If you believe that the Site contains content that infringes on your copyright, please forward the following information by email
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Exclusive Terms of Use for Purchasing Plans
These Terms of use must read in accordance with our General TOS and Agreement
When you order and use our plans.
OVERVIEW
All of our Plans were created by architects or designers (each, a “Professional”). When you order Plans from Mapia, in accordance with these Terms:
ORDERING PLANS
You may order Plans by paying money. In all cases, you will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. All orders to Mapia are final, and no refunds will be granted for any reason. Unless otherwise specified, all monetary amounts referenced on the Site refer to Pakistan Rupee.
REFUND POLICY
All plans purchases are final sale, so be sure that you have chosen the best plan suit your needs and have received answers to your questions before making the purchase.
We have a dedicated support number 12 hours a day, who can assist with basic questions and we are here Monday-Saturday, 10AM-10PM PST to speak with you. You can also email us at support@mapia.pk
SECURE ONLINE READY-MADE PLANS ORDERING
The Mapia uses its own secure server for online orders and credit card transactions using Secure Socket Layer (SSL) technology provided by our Authorize network.
LICENSE
When Mapia provides you with Plans you are thereby granted, subject to these Terms and, if applicable, any Professional Agreement, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (the “Project”) one time and one time only; and to modify and reproduce the Plans solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific city and local building bylaws, ordinances or regulations in completing the Project. In addition to any other requirements set forth in these Terms and, if applicable, any Professional Agreement, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:
1. You may not assign, sublicense or transfer the License.
2. You may not re-use the Plans (e.g., for building any additional home(s)), without the prior written consent of Mapia, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Mapia.
3. You shall not, and shall not authorize or permit anyone else to, sell, redistribute or publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants, lenders or governmental agencies on a “need to know” basis as reasonably required for the purpose of building a single home subject to the License.
4. You may not create derivative works based on the Plans other than such modifications as may be required for your own use in building a single home in accordance herewith.
5. You agree that you will have the Plans reviewed and approved by a local professional architect or engineer before the start of any construction.
6. You agree that you will maintain, and will cause your builder and other contractors involved in the Project to maintain, sufficient liability, as required covering all of your obligations under these Terms and Applicable Laws.
CUSTOMIZATION SERVICES
If you request that Mapia or its Professionals customize the Plans, the following provisions apply:
Overview
Mapia, or one of its affiliates or independent Professional, will customize your Plans (“Customization Services”) on request, as detailed below, and provided customized versions of the Plans (“Customized Plans”). For purposes of the Customization Services, references to Mapia may apply to our’ affiliate or Professional. “Customized Plans” are still Plans for purposes of these Terms. As such, Mapia and/or its Professionals will retain all Intellectual Property Rights in any Customized Plans, even if the Customized Plans reflect your comments or input.
Scope of Work
When you request Customization Services, we will provide you with a proposed scope of work (“Scope”) based on your request, and a price quote. The Customization Services will be deemed complete when we provide you with Customized Plans substantially consistent with the Scope.
Additional Services
If you request revisions to the Customized Plans after such delivery, or otherwise require any services outside of the Scope, those services will be considered “Additional Services” and subject to additional fees as specified in a subsequent price quote. By way of clarification, unless otherwise expressly specified in the Scope, Customization Services will not include (i) architectural or engineering services required to make changes to Plans for purposes of compliance with local building bylaws or to comply with changes in Applicable Laws; (ii) construction cost estimating services, materials lists, take offs and other related services; (iii) site evaluation and selection services; (iv) design and construction review services relating to the contractor's or construction manager’s safety precautions or to the means, methods, techniques, sequences or procedures required for the contractor or construction manager to perform its work, but not relating to the final or completed structure; or (v) services made necessary by the default, failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor of construction manager.
Fees
If you decide to purchase the Customization Services, you will be deemed to have agreed to pay the fees in the amount of the initial price quote, Including, reproductions, postage, handling, renderings and models. Payment is due at time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing.
Client Responsibilities
Your responsibilities in connection with the Customization Services include the following:
1. providing complete and accurate information regarding custom changes and budget requirements and all physical information about the site and/or building;
2. rendering approvals and decisions promptly and as necessary for the orderly progress of the Customization Services and in keeping with the mutually acceptable schedule;
3. obtaining, at your own expense, all required soil tests and land surveys;
4. providing, if requested, a written description and/or sketch outlining the proposed changes;
5. permitting access to the project site at all reasonable hours and shall be permitted to photograph the project during construction and upon completion for its records and future use
Suspension or Termination
Either you or Mapia may terminate the Customization Services at any time on at least seven (7) days’ written notice. If you terminate the Customization Services, you will not be entitled to any refund of amounts already paid. If Mapia terminates the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services prepaid but not already performed, as reasonably determined by Mapia. No refund will be issued for the purchase of the original Plans.
YOUR BUILDER’S RESPONSIBILITIES
You acknowledge and agree that: (i) the following items are your builder's and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Mapia and its Professionals shall have no responsibility or liability with respect to such items:
1. Your builder is responsible for assuring that all work is in accordance with the latest edition of all applicable national, city, and local building bylaws, construction industry standards and other Applicable Laws.
2. You or your builder is responsible for obtaining the required permits and inspections from local governmental departments.
3. Your builder is responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
4. Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, structural, electrical and plumbing, etc.
5. Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
6. Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
7. Your builder is responsible for assuring that all materials, equipment and components are of good quality.
WHO OWNS WHAT
Mapia and/or its Professionals own all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans or customized versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions and appearance of the Site. Without limitation of the foregoing, the Plans are protected; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of Mapia.
ADDITIONAL CAVEATS, DISCLAIMERS AND REQUIREMENTS
1. The Plans are intended to indicate design intent and basic construction detailing. It is your responsibility to ensure that you have obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product. Any use of the Plans, and/or modifications of the Plans, by you, builders or others on your behalf, is done at your own risk.
2. Any foundation plan and associated details included in the Plans are intended to serve as a basic guide for a typical foundation detail. This typical foundation detail is not site or location specific. You acknowledge our recommendation that you have a local licensed structure engineer review the Plans and provide a site-specific foundation design if found necessary.
3. The Plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes (e.g., of windows and doors), thicknesses, types and uses of different materials can change details.
4. Mapia engages Professionals that it believes to be reliable. However, you should normally anticipate that some changes and adjustments in the project will be required to correct possible errors and omissions in the Plans. Such changes are not indicative of, and should not be construed as, negligence on the part of the Designer.
5. Names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by Mapia or Professional. Final selections of materials are the responsibility of you and/or your builder, including proper installation of materials, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans; and Mapia and Professionals have no control or responsibility with respect to such matters.
6. The Plans do not have an architectural or engineering signature, seal and/or stamp. You agree to consult the local building official who can tell you if a review of the Plans by a licensed architect or engineer is required prior to submission of the Plans for a building permit. The Plans may need to be modified to comply with local requirements. In addition, you may need to obtain permits or inspections from local authority before and in the course of construction. Your right to use the Plans is conditioned on your agreement to, and you affirm that you shall: (i) consult a locally licensed architect or engineer of your choice prior to beginning construction, and (ii) strictly comply with all local building bylaws and other applicable laws, regulations, ordinances, and requirements.
7. Due to the large number of Plans and price options for those Plans offered by Mapia, data entry and other errors inevitably may occur in the text and pricing shown on this Site. Mapia reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Mapia.
8. Some photographs that appear on the Site of houses that have been built may be based on modifications made to the Plans associated with photograph, and, in such case, those modifications are not incorporated into the Plans.
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the Professionals pursuant to this Agreement are instruments of the professional service, and the Professionals shall retain an ownership and property interest therein. The Professionals grants the Client a license to use instruments of professional service for the purpose of constructing, occupying and maintaining this specific Project. Reuse and/or modification of any such documents, without the written permission, shall be at the Client’s sole risk, and the Client agrees to indemnify and hold the Professional harmless from all claims, damages and expenses, including attorney’s fees, arising out of such reuse and/or modification by the Client or by others acting through the Client. Notice of Copyright. All ideas, designs, arrangements and/or plans indicated or represented by the drawings will be created, evolved and developed for use on this specific Project. None such ideas, designs, arrangements and/or plans shall be used by or disclosed to any purpose whatsoever without the written permission of the Mapia.
DEFINITIONS
In this agreement, the following terms shall have the following meaning:-
“User” means any user utilizing the site in any authorized capacity.
“Registration Details” means the details which a user must provide on registration for the website including name, phone numbers, email address or any other personal details or address.
“Client” means any authorized User utilizing the Site or Site Services, including Services, to seek and/or obtain Professional Services or Product.
“Professional or Pros” means any authorized user offering their services through this site.
“Vendor” means any authorized user offering or publishing tangible or intangible items or services through website.
“Confidential Information” means any material or information provided to, or created by, a User.
“Professional Services” means all services performed for or delivered to Clients by Professionals.
“Service Providers” means any single person or group of people offering their skills or services.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.
“Payment Method” means a valid credit/debit card issued by a bank acceptable to Mapia, a bank account linked to your Account, Payment through mobile services or such other method of payment as Mapia may accept from time to time in our sole discretion, complying with the applicable law of Islamic Republic of Pakistan.
“Project” means an engagement for Professional Services that a Professional provides to a Client under a Service Contract.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that any Site Visitor or User post to any part of the Site or provide to Mapia, including such content or information that is posted as a result of questions.
“Work Product” means any tangible or intangible results or deliverables that Professional agrees to create for, or actually delivers to, Customer as a result of performing the Professional Services, including, but not limited to, Design Services, Construction Services, or other services related to design and construction, or customized hardware, and any intellectual property developed in connection therewith.
“Plans” means any set of drawings or part of any drawing set.
“Customization Service” means any additional services provided by any professional to any already-made plans including additions, extraction and modification.
“Customized Plan” means any addition, extraction or modification to any existing ready-made plan.
“User Content” means any information, service or content including but not limited to drawings, pictures, and photographs or written script.
“Site or Website” Mapia’s website located at www.mapia.pk
“Mapia” Mapia Services Pvt. Limited which is the owner of the website and whose registered office is located at First Floor, Nehal Plaza, KBHS, Lahore Cantt, Pakistan