Terms & Conditions
These Terms and Conditions ("Terms") govern your access to and use of the BuildGara platform, including our website, mobile applications, APIs, and all related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.
Last updated: August 31, 2026
1. Acceptance of Terms
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
If you do not agree to these Terms, you must not access or use the Platform.
2. Eligibility
To use the Platform, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into binding agreements
- Not be prohibited from using the Platform under applicable law
- Provide accurate, current, and complete registration information
- Not have been previously banned from the Platform
The Platform is intended for use in Nepal and internationally. Users are responsible for complying with local laws in their jurisdiction.
3. Account Registration
Account Creation
To access most Platform features, you must create an account by providing accurate registration information. You may register as a founder, investor, or service provider. You may hold multiple roles simultaneously.
Account Security
You are responsible for:
- Maintaining the confidentiality of your password and account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access or security breach
- Ensuring your registration information remains accurate and up-to-date
One Account Per Person
Each person may maintain only one account. Creating multiple accounts, using false identities, or impersonating others is strictly prohibited and may result in immediate termination.
Email Verification
After registration, you must verify your email address. Failure to verify within 24 hours may limit your access to certain Platform features.
4. Platform Description
BuildGara is a construction and investor marketplace platform that connects:
- Founders — entrepreneurs seeking funding, services, and business tools
- Investors — individuals and entities looking for investment opportunities
- Service Providers — vendors offering construction-related products and services
- Consultants — verified professionals offering expert advisory services
The Platform facilitates connections, transactions, and communications between these parties. BuildGara acts as an intermediary and marketplace operator — it is not a party to transactions between users unless explicitly stated.
5. User Roles & Responsibilities
Founders
- Must register and verify their company before creating pitches
- Are responsible for the accuracy of company information and pitch details
- Must respond to investor inquiries honestly and promptly
- Are responsible for delivering on commitments made during fundraising
- May list and sell services on the marketplace after vendor KYC approval
Investors
- Must complete investor KYC verification to access investment features
- Are responsible for their own investment decisions and due diligence
- Must comply with applicable securities laws in their jurisdiction
- May view pitch data rooms only after KYC approval by BuildGara
- Must not share confidential pitch information with unauthorized parties
Service Providers (Vendors)
- Must complete vendor KYC before listing services
- Are responsible for service quality and fulfilling orders
- Must maintain accurate service descriptions, pricing, and availability
- Must respond to buyer inquiries and deliver work within agreed timelines
- Are responsible for tax compliance on their earnings
Consultants
- Must complete consultant KYC and be verified by BuildGara
- Must maintain accurate availability schedules and service offerings
- Are responsible for session quality and professional conduct
- Must not share client information without explicit consent
- Must honor confirmed bookings or provide reasonable advance notice
6. Marketplace & Transactions
Service Listings
Service providers may list services on the marketplace subject to BuildGara's approval process. All listings must accurately describe the service, pricing, and deliverables. BuildGara reserves the right to reject or remove listings that violate our guidelines.
Order Lifecycle
Orders follow a standard lifecycle:
- Pending — Order placed, awaiting provider approval and payment
- In Progress — Payment confirmed, provider is working on the order
- Delivered — Provider has submitted deliverables
- Succeeded — Buyer has accepted the delivery (or auto-completed after 7 days)
- Refunded — Order has been cancelled and refunded
Escrow Protection
Payments are held in escrow until the buyer confirms delivery. If a dispute arises, funds are frozen until an admin resolves the dispute through the formal resolution process (refund to buyer, release to vendor, or dismissal).
Pricing
All prices are displayed in Nepalese Rupees (NPR) unless otherwise stated. Service providers set their own prices. BuildGara charges a platform commission on completed transactions (see Section 9).
7. Consultation Services
BuildGara facilitates consultation bookings between clients and verified consultants. The following terms apply:
- Booking: Clients may book consultation sessions through the Platform. Bookings are subject to consultant availability and may include specific service offerings with defined durations and pricing.
- Availability: Consultants set their own availability schedules. Bookings outside configured hours will be rejected by the system.
- Overlap Protection: The Platform uses database-level locking to prevent double-booking. Concurrent requests for the same time slot are safely serialized.
- Session Limits: Consultants may set maximum bookings per day. Once the limit is reached, no further bookings are accepted for that date.
- Confirmation: Bookings require consultant confirmation before they are finalized. Paid sessions require payment confirmation before the consultant can confirm.
- Cancellation: Clients may cancel pending bookings. Confirmed bookings can only be cancelled by the consultant. Cancellations of paid sessions trigger refund processing.
- Reviews: Clients may review completed sessions. Reviews are permanent and contribute to the consultant's overall rating.
8. Payment Processing & Fees
Supported Payment Methods
- eSewa — Nepal's leading digital wallet
- Khalti — Nepalese digital payment gateway
- Stripe — International card payments (USD conversion applied)
- Bank Transfer — Manual bank transfer with admin confirmation (orders only)
Platform Fees
BuildGara charges a commission on completed transactions. The default commission rate is 10% of the transaction amount, but rates may vary by category. Commission rates are configured per category by BuildGara administrators and are displayed to vendors before they list services.
Payment Security
All payment processing is handled by PCI-DSS compliant third-party gateways. BuildGara never stores your credit card numbers, bank passwords, or payment credentials. Transaction verification uses signed responses and server-side confirmation to prevent payment replay attacks.
Currency
All transactions on the Platform are denominated in Nepalese Rupees (NPR). International payments via Stripe are converted at the configured exchange rate. Users are responsible for any currency conversion fees charged by their bank or payment provider.
9. Payouts & Commissions
- Payout Aggregation: Vendor and consultant earnings are aggregated per calendar month. Payout records track gross revenue, platform commission, and net payout.
- Commission Calculation: Commission is calculated per transaction based on the category's configured rate. The commission amount is deducted from the gross transaction amount.
- Payout Processing: Pending payouts are processed by BuildGara administrators. Vendors and consultants can view their payout status in the earnings dashboard.
- Refund Reversals: If a completed transaction is refunded, the previously credited payout is reversed. The vendor/consultant's payout balance is adjusted accordingly.
- Tax Responsibility: Vendors and consultants are solely responsible for reporting and paying taxes on their earnings. BuildGara does not withhold taxes unless required by law.
10. Disputes & Refunds
Dispute Filing
Either party (buyer or seller) may file a dispute on a paid order or consultation booking. Disputes can be filed on orders that are in progress, delivered, or completed, and on confirmed, paid consultation sessions.
Escrow Hold
An open dispute freezes the transaction. Neither completion nor cancellation can proceed until an admin resolves the dispute. This protects both parties during the investigation.
Resolution Options
- Refund to Buyer — Full refund via the original payment gateway. If the vendor was previously paid, their payout is reversed.
- Release to Vendor — The transaction is marked as completed and the vendor receives their payout minus commission.
- Dismissed — The dispute is closed without changes. The transaction resumes its normal flow.
Refund Policy
Refunds are processed through the original payment gateway when possible. Bank transfer refunds may require manual processing. Refund timelines depend on the payment gateway (typically 3–14 business days). BuildGara is not responsible for gateway processing delays.
11. Intellectual Property
Platform IP
The Platform, including its design, code, logos, trademarks, and documentation, is the intellectual property of BuildGara Tech Pvt. Ltd. You may not copy, modify, distribute, or reverse-engineer any part of the Platform without written consent.
User Content
You retain ownership of content you create and upload to the Platform (pitches, service listings, documents, reviews). By uploading content, you grant BuildGara a non-exclusive, worldwide, royalty-free license to display, store, and distribute your content solely for the purpose of operating the Platform.
Pitch Data Room
Pitch documents and data room files are confidential. Only approved investors (after KYC verification) and the pitch owner may access data room contents. Unauthorized distribution of pitch materials may result in account termination and legal action.
DMCA & Takedowns
If you believe your intellectual property rights have been infringed on the Platform, please contact us at legal@buildgara.com with details of the infringement. We will investigate and take appropriate action.
12. KYC & Verification
Certain Platform features require identity verification (KYC). The verification process is as follows:
- Submission: You submit required documents (government ID, proof of address, business documents) through the Platform's KYC wizard.
- Review: BuildGara administrators review your documents. Review times may vary based on volume.
- Approval/Rejection: You will be notified of the outcome. If rejected, you may re-submit with corrections.
- Access Gating: Pending verification limits access to certain features (e.g., creating pitches, listing services, investing).
- Re-verification: BuildGara may require re-verification if your information changes or if concerns arise about your account.
Submitting false, forged, or misleading KYC documents is a serious violation that results in immediate account termination and may be reported to authorities.
13. Prohibited Conduct
You agree not to:
Violation of these prohibitions may result in account suspension, termination, and/or legal action.
14. User Content & Responsibility
You are solely responsible for all content you post, upload, or share on the Platform. This includes:
- Company profiles, pitch descriptions, and business plans
- Service listings, descriptions, and pricing
- Documents, images, and files uploaded to the Platform
- Reviews, ratings, and feedback
- Messages and communications with other users
BuildGara does not endorse user content and is not responsible for its accuracy, legality, or appropriateness. We reserve the right to remove content that violates these Terms or our community guidelines.
You represent that your content does not infringe on any third-party intellectual property rights, and you have all necessary rights and permissions to upload and share the content.
15. Privacy & Data Protection
Our collection and use of personal information is governed by our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
Key points:
- We collect only the information necessary to operate the Platform
- Your data is encrypted in transit (TLS 1.2+) and at rest
- Private files are served via signed URLs with 10-minute expiry
- We do not sell your personal information to third parties
- You can request data access, correction, or deletion at any time
16. Account Suspension & Termination
Suspension
BuildGara may suspend your account if you violate these Terms, engage in suspicious activity, or if required by law. Suspended accounts lose access to all Platform features, and active sessions are terminated.
Banning
Severe violations (fraud, identity theft, illegal activity, repeated TOS violations) result in permanent account bans. Banned users may not create new accounts.
Self-Deletion
You may delete your account at any time through Settings → Account → Delete Account. Account deletion is irreversible. Your data will be handled according to the retention periods in our Privacy Policy.
Effect of Termination
Upon termination:
- Your right to access the Platform ceases immediately
- Outstanding payouts may be processed per our standard schedule
- Active disputes are resolved according to their current status
- Data retention follows the schedule in our Privacy Policy
- Sections that by their nature should survive termination will survive (IP, liability, governing law)
17. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We specifically disclaim:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- That the Platform will be uninterrupted, error-free, or secure
- The accuracy, completeness, or reliability of any content on the Platform
- The qualifications, expertise, or trustworthiness of any user
- The outcome of any transaction, investment, or business relationship formed through the Platform
- That the Platform will meet your specific requirements
BuildGara is a marketplace intermediary. We do not provide financial, legal, tax, or investment advice. Any decisions made based on Platform content are your sole responsibility.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDGARA AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, business opportunities, or goodwill
- Any damages arising from your use of or inability to use the Platform
- Any damages arising from interactions between users on the Platform
- Any damages arising from unauthorized access to your account or data
- Any damages exceeding the total fees you paid to BuildGara in the 12 months preceding the claim
These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
19. Indemnification
You agree to indemnify, defend, and hold harmless BuildGara Tech Pvt. Ltd. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any rights of a third party
- Your content or information posted on the Platform
- Any transactions you enter into through the Platform
- Your violation of any applicable laws or regulations
20. Governing Law & Disputes
Governing Law
These Terms are governed by and construed in accordance with the laws of Nepal. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Nepal.
Dispute Resolution
Before filing any legal action, you agree to first attempt to resolve the dispute informally by contacting us at legal@buildgara.com. We will attempt to resolve the dispute within 30 days.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
21. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BuildGara regarding the Platform.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
- Assignment: You may not assign your rights under these Terms without our written consent. BuildGara may assign its rights and obligations without restriction.
- Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or internet outages.
- Notices: We may send you notices via email, in-app notification, or through the Platform. You may send notices to us at legal@buildgara.com.
- Language: These Terms are drafted in English. If translated, the English version prevails in case of inconsistency.
- Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated via email and in-app notification. Continued use after changes constitutes acceptance.
22. Contact Information
For questions about these Terms, please contact:
BuildGara Tech Pvt. Ltd.
Legal Department
Email: legal@buildgara.com
General: support@buildgara.com
Website: buildgara.com