TERMS & CONDITIONS OF USE
Welcome
to the CONSTROCONNECT.com website or mobile properties, including
related applications (collectively, this "Website"). This
Website is provided solely to assist customers in gathering information,
posting opinions of related issues, engaging in interactive construction
forums, and searching for and initiating business with various entities in the
construction sector, and for no other purposes. The terms "we",
"us", "our" and CONSTROCONNECT refer
to Eleanor Conglomerate Pvt Ltd, and our corporate affiliates and websites
(collectively, CONSTROCONNECT). The term "you" refers to the
customer visiting the Website and/or contributing content on this Website.
This
Website is offered to you conditioned upon your acceptance without modification
of any/all the terms, conditions, and notices set forth below (collectively,
the "Agreement"). By accessing or using this Website in any manner,
you agree to be bound by the Agreement and represent that you have read and
understood its terms. Please read the Agreement carefully, as it contains
information concerning your legal rights and limitations on these rights, as
well as a section regarding applicable law and jurisdiction of disputes. If you
do not accept all of these terms and conditions you are not authorized to use
this Website.
USE OF THE WEBSITE
As
a condition of your use of this Website, you warrant that (i) all information
supplied by you on this Website is true, accurate, current, and complete, (ii)
if you have a CONSTROCONNECT account, you will safeguard your account
information and will supervise and be completely responsible for any use of
your account by anyone other than you, (iii) you are 18 years of age or older to
register for an account and contribute to our Website and (iv) you possess the
legal authority to enter into this Agreement under the applicable laws and to
use this Website by all terms and conditions herein.
CONSTROCONNECT does
not knowingly collect the information of anyone under the age of 18. We retain
the right at our sole discretion to deny access to anyone to this Website and
the services we offer, at any time and for any reason, including, but not
limited to, for violation of this Agreement.
Copying,
transmission, reproduction, replication, posting, or redistribution of the
Website Content or any portion thereof is strictly prohibited without the prior
written permission of CONSTROCONNECT. To request permission, you may
contact CONSTROCONNECT as follows:
Eleanor Conglomerate Pvt. Ltd
814 – Law College Road
Pune, Maharashtra, INDIA. 411004.
Mail id – info@constroconnect.com
Users
of the Website will not incur any charges for using the Website by these Terms
and Conditions. However, the Website contains links to third-party websites
which are operated and owned by independent service providers or retailers.
Such third parties may charge a fee for use of certain content or services
provided on the website. Therefore, you should make whatever investigation you
feel is necessary or appropriate before proceeding with any transaction with
any third party to determine whether a charge will be incurred. Where CONSTROCONNECT provides
details of charges on the Website, such information is provided for convenience
and information purposes only. CONSTROCONNECT in no way
guarantees that this information is correct nor is it in any way responsible
for content or services provided on such third-party websites.
DEFINITIONS
A. Parties
"You" and "your" refer
to you, as a user of the Site. A "user" is
someone who accesses, browses, crawls, scrapes, or in any way uses the
Site. "We," "us," and "our" refer to CONSTROCONNECT &
Eleanor Conglomerate Pvt.Ltd, its affiliates, and representatives.
B. Content
"Content" means text, images, photos, audio,
video, location data, and all other forms of data or communication. "Your Content" means Content that you
submit or transmit to, through, or in connection with the Site, such as
ratings, reviews, compliments, invitations, check-ins, messages, and information
that you publicly display or displayed in your account profile. "User Content" means Content that users
submit or transmit to, through, or in connection with the Site. "CONSTROCONNECT Content" means
Content that we create and make available in connection with the Site. "Third Party Content" means Content that
originates from parties other than CONSTROCONNECT or its
users, which is made available in connection with the Site. "Site Content" means all of the Content
that is made available in connection with the Site, including Your Content,
User Content, Third Party Content, and CONSTROCONNECT Content.
CHANGES TO THE
TERMS & CONDITIONS OF USE
We
may modify the Terms from time to time. The most current version of these Terms
will be located here. You understand and agree that your access to
or use of the Site is governed by the Terms effective at the time of your
access to or use of the Site. If we make material changes to these Terms, we
will notify you by email or by posting a notice on the Site before the
effective date of the changes. We will also indicate at the top of this page
the date that revisions were last made. You should revisit these Terms regularly
as revised versions will be binding on you. Any such modification will be
effective upon our posting of new Terms. You understand and agree that
your continued access to or use of the Site after the effective date of
modifications to the Terms indicates your acceptance of the modifications.
TRANSLATION
We
may translate these Terms into other languages for your convenience.
Nevertheless, the English version governs your relationship with CONSTROCONNECT, and
any inconsistencies among the different versions will be resolved in favor of
the English version.
USING THE SITE
A.
Eligibility
To access or use the Site, you must be 18
years or older and have the requisite power and authority to enter into these
Terms. You may not access or use the Site if you are a competitor of ours or if
we have previously banned you from the Site or closed your account.
B.
Permission to Use the Site
We permit you to use the Site subject to the
restrictions in these Terms. Your use of the Site is at your own risk,
including the risk that you might be exposed to Content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site
Availability
The
Site may be modified, updated, interrupted, suspended, or discontinued at any
time without notice or liability.
D. User
Accounts
You
must create an account and provide certain information about yourself to use
some of the features that are offered through the Site. You are responsible for
maintaining the confidentiality of your account password. You are also
responsible for all activities that occur in connection with your account. You
agree to notify us immediately of any unauthorized use of your account. We
reserve the right to close your account at any time for any or no reason.
Your
account is for your personal, non-commercial use only. In creating it, we ask
that you provide complete and accurate information about yourself to bolster
your credibility as a contributor to the Site. You may not impersonate someone
else (e.g., adopt the identity of a celebrity or your next-door neighbor),
create or use an account for anyone other than yourself, provide an email
address other than your own, or create multiple accounts. If you use a
pseudonym, take care to note that others may still be able to identify you if,
for example, you include identifying information in your reviews, use the same
account information on other sites, or allow other sites to share information
about you with CONSTROCONNECT.
E.
Communications from CONSTROCONNECT and other Users
By
creating an account, you agree to receive certain communications in connection
with the Site.
CONTENT
A.
Responsibility for Your Content
You alone are responsible for Your Content, and once published,
it cannot always be withdrawn. You assume all risks associated with Your
Content, including anyone's reliance on its quality, accuracy, or reliability,
or any disclosure by you of information in Your Content that makes you
personally identifiable. You represent that you own, or have the necessary
permissions to use and authorize the use of Your Content as described herein.
You may not imply that Your Content is in any way sponsored or endorsed
by CONSTROCONNECT.
You may expose yourself to liability if, for example, Your
Content contains material that is false, intentionally misleading, or
defamatory; violates any third-party right, including any copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any
other intellectual property or proprietary right; contains unlawful material,
including illegal hate speech or pornography; exploits or otherwise harms
minors, or violates or advocates the violation of any law or regulation.
B. Our
Right to Use Your Content
We may use Your Content in several different ways, including
publicly displaying it, reformatting it, incorporating it into advertisements
and other works, creating derivative works from it, promoting it, distributing
it, and allowing others to do the same in connection with their websites and
media platforms ("Other Media"). As such,
you hereby irrevocably grant us worldwide, perpetual, non-exclusive,
royalty-free, assignable, sub-licensable, transferable rights to use Your
Content for any purpose. Please note that you also irrevocably grant the users
of the Site and any Other Media the right to access Your Content in connection
with their use of the Site and any Other Media. Finally, you irrevocably waive
and cause to be waived, against CONSTROCONNECT and its
users any claims and assertions of moral rights or attribution concerning Your
Content. By "use" we mean use, copy, publicly perform and display,
reproduce, distribute, modify, translate, remove, analyze, commercialize, and
prepare derivative works of Your Content.
C.
Ownership
As between you and CONSTROCONNECT, you own Your
Content. We own the CONSTROCONNECT Content, including but
not limited to visual interfaces, interactive features, graphics, design,
compilation, including, but not limited to, our compilation of User Content and
other Site Content, computer code, products, software, aggregate user review
ratings, and all other elements and components of the Site excluding Your
Content, User Content, and Third-Party Content. We also own the copyrights,
trademarks, service marks, trade names, and other intellectual and proprietary
rights throughout the world ("IP Rights")
associated with the CONSTROCONNECT Content and the Site,
which are protected by copyright, trade dress, patent, trademark laws and all
other applicable intellectual and proprietary rights and laws. As such, you may
not modify, reproduce, distribute, create derivative works or adaptations of,
publicly display or in any way exploit any of the CONSTROCONNECT
Content in whole or in part except as expressly authorized by us. Except
as expressly and unambiguously provided herein, we do not grant you any express
or implied rights, and all rights in and to the Site and the CONSTROCONNECT Content
are retained by us.
D.
Advertising
CONSTROCONNECT and its licensees may publicly
display advertisements and other information adjacent to or included with Your
Content. You are not entitled to any compensation for such advertisements. The
manner, mode, and extent of such advertising are subject to change without
specific notice to you.
E. Content
Feeds
We make some of the Site Content ("Feed Content")
available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds to
display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of
the Feeds is for personal, non-commercial purposes only, (ii) your display of
the Feed Content links back to the relevant pages on CONSTROCONNECT 's
websites, and attributes CONSTROCONNECT as the source of
the Feed Content, (iii) your use or display of the Feed Content does not
suggest that CONSTROCONNECT promotes or endorses any
third party causes, ideas, websites, products or services, including Your Site,
(iv) you do not redistribute the Feed Content, and (v) your use of the Feeds
does not overburden CONSTROCONNECT 's systems. CONSTROCONNECT reserves
all rights in the Feed Content and may terminate the Feeds at any time. Please
select "Partnerships" on our contacts page here to inquire about other possible uses of
the Feeds.
F. Other
User Content (including any that may have been created by users employed or contracted by CONSTROCONNECT) does not necessarily reflect the opinion of CONSTROCONNECT. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality concerning Your Content.
RESTRICTIONS
We
are under no obligation to enforce the Terms on your behalf against another
user. While we encourage you to let us know if you believe another user has
violated the Terms, we reserve the right to investigate and take appropriate
action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading
reviews with other businesses, or compensating someone or being compensated to
write or remove a review;
ii. Violate any third party's rights,
including any breach of confidence, copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right;
iii. Threaten,
stalk, harm, or harass others, or promote bigotry or discrimination;
iv. Promote a
business or other commercial venture or event, or otherwise use the Site for
commercial purposes, except in connection with a Business Account and as
expressly permitted by CONSTROCONNECT;
v. Send
bulk emails, surveys, or other mass messaging, whether commercial or not;
engage in keyword spamming, or otherwise attempt to manipulate the Site's
search results or any third party website;
vi. Solicit
personal information from minors, or submit or transmit pornography; or
vii. Violate any
applicable law.
B.
You also agree not to,
and will not assist, encourage, or enable others to:
viii. Violate the
Terms;
ix. Modify,
adapt, appropriate, reproduce, distribute, translate, create derivative works
or adaptations of, publicly display, sell, trade, or in any way exploit the
Site or Site Content (other than Your Content), except as expressly authorized
by CONSTROCONNECT;
x. Use any
robot, spider, site search/retrieval application, or another automated device,
process or means to access, retrieve, scrape, or index any portion of the Site
or any Site Content;
xi. Reverse
engineer any portion of the Site;
xii. Remove or modify
any copyright, trademark, or other proprietary rights notice that appears on
any portion of the Site or any materials printed or copied from the Site;
xiii. Record, process,
or mine information about other users;
xiv. Access, retrieve, or
index any portion of the Site for purposes of constructing or populating a
searchable database of business reviews;
xv. Reformat or frame
any portion of the Site;
xvi. Take any action that
imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on CONSTROCONNECT ‘s technology
infrastructure or otherwise make excessive traffic demands of the Site;
xvii. Attempt to gain unauthorized
access to the Site, user accounts, computer systems, or networks connected to
the Site through hacking, password mining, or any other means;
xviii. Use the Site or any Site
Content to transmit any computer viruses, worms, defects, Trojan horses, or
other items of a destructive nature (collectively, "Viruses");
xix. Use any device, software,
or routine that interferes with the proper working of the Site, or otherwise
attempt to interfere with the proper working of the Site;
xx. Use the Site to
violate the security of any computer network, crack passwords or security
encryption codes; disrupt or interfere with the security of, or otherwise cause
harm to, the Site or Site Content; or
The
restrictions above only apply to the extent permissible under applicable law.
Nevertheless, you agree not to act contrary to them (even if permissible under
applicable law) without providing 30 days prior written notice to us, together
with any information that we may reasonably require to allow us to provide
alternative remedies or otherwise accommodate you at our sole discretion.
CONSTROCONNECT ADVERTISING
If
you create a business owner's account on the Site or purchase advertising
from CONSTROCONNECT, the CONSTROCONNECT Advertising Agreement
will apply. In the event of any conflict between the CONSTROCONNECT Advertising
Agreement and these Terms, the CONSTROCONNECT Advertising Agreement
will prevail.
SUGGESTIONS AND
IMPROVEMENTS
By sending us any ideas, suggestions,
documents, or proposals ("Feedback"),
you agree that (i) your Feedback does not contain the confidential or
proprietary information of third parties, (ii) we are under no obligation of
confidentiality, express, or implied, concerning the Feedback, (iii) we may
have something similar to the Feedback already under consideration or in
development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free,
perpetual, worldwide license to use, modify, prepare derivative works, publish,
distribute and sublicense the Feedback, and you irrevocably waive, and cause to
be waived, against CONSTROCONNECT and its users any claims and
assertions of any moral rights contained in such Feedback.
TERMINATION
A. You may terminate the Terms at any time
by closing your account, discontinuing your use of the Site, and
providing CONSTROCONNECT with a notice of termination.
B. We may close your account, suspend your
ability to use certain portions of the Site, and/or ban you altogether from the
Site for any or no reason, and without notice or liability of any kind. Any
such action could prevent you from accessing your account, the Site, Your
Content, Site Content, or any other related information.
PROHIBITED ACTIVITIES
The
content and information on this Website (including, but not limited to,
messages, data, information, text, music, sound, photos, graphics, video, maps,
icons, software, code, or other material), as well as the infrastructure used
to provide such content and information, is proprietary to us. You agree not to
otherwise modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell or re-sell
any information, software, products, or services obtained from or through this
Website. Additionally, you agree not to:
(i) use this Website or its contents for any
commercial purpose;
(ii) access, monitor or copy any content or
information of this Website using any robot, spider, scraper, or other
automated means or any manual process for any purpose without our express
written permission;
(iii) violate the restrictions in any robot
exclusion headers on this Website or bypass or circumvent other measures
employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may
impose, in our discretion, an unreasonable or disproportionately large load on
our infrastructure;
(v) deep-link to any portion of this Website
for any purpose without our express written permission;
(vi) "frame", "mirror" or
otherwise incorporate any part of this Website into any other website without
our prior written authorization; or
(vii) attempt to modify, translate, adapt,
edit, decompile, disassemble, or reverse engineer any software programs used
by CONSTROCONNECT in connection with the Website or the
services.
PRIVACY POLICY AND
DISCLOSURES
CONSTROCONNECT believes
in protecting your privacy. Any personal information you post on the Website
will be used by our Privacy Policy. Click here to view our Privacy Policy.
REVIEWS, COMMENTS, AND
USE OF OTHER INTERACTIVE AREAS
We
appreciate hearing from you. Please be aware that by submitting content to this
Website by email, postings on this Website or otherwise, including any reviews,
photos, video, questions, comments, suggestions, ideas, or the like contained
in any submissions (collectively, "Submissions"), you grant CONSTROCONNECT and
its affiliates a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sub-licensable right to (a) use, reproduce, modify,
adapt, translate, distribute, publish, create derivative works from and
publicly display and perform such Submissions throughout the world in any
media, now known or hereafter devised, for any purpose; and (b) use the name
that you submit in connection with such Submission. You acknowledge that CONSTROCONNECT may
choose to provide attribution of your comments or reviews at our discretion.
You further grant CONSTROCONNECT the right to pursue at law any
person or entity that violates your or CONSTROCONNECT ‘s rights in
the Submissions by a breach of this Agreement. You acknowledge and agree that
Submissions are non-confidential and non-proprietary.
CONSTROCONNECT does
not edit or control or create the User Messages posted to or distributed on
this Website including through any chat rooms, bulletin boards, or other
communications forums, and will not be in any way responsible or liable for
such User Messages. CONSTROCONNECT nevertheless reserves the
right for any reason in its sole discretion to remove without notice any User
Messages and/or Site Content.
This
Website may contain discussion forums, bulletin boards, review services, or
other forums in which you or third parties may post reviews of experiences or
other content, messages, materials, or other items on this Website
("Interactive Areas"). If CONSTROCONNECT provides
such Interactive Areas, you are solely responsible for your use of such
Interactive Areas and use them at your own risk. By using any Interactive
Areas, you expressly agree not to post, upload to, transmit, distribute, store,
create or otherwise publish through this Website any of the following:
a. Any
message, data, information, text, music, sound, photos, graphics, code, or any
other material ("Content") that is false, unlawful, misleading, libelous,
defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or
advocates harassment of another person, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content
that is patently offensive to the online community, such as content that
promotes racism, bigotry, hatred, or physical harm of any kind against any
group or individual;
c. Content
that would constitute, encourage, promote or provide instructions for a conduct
of the illegal activity, criminal offense, give rise to civil liability,
violate the rights of any party in any country of the world, or that would
otherwise create liability or violate any local, state, national or
international law, including, without limitation, the regulations of the
FERA/FEMA or any rules of any of securities exchange.
d. Content
that provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
e. Content
that may infringe any patent, trademark, trade secret, copyright, or another
intellectual or proprietary right of any party. In particular, content that
promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
f. Content
that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity, including CONSTROCONNECT;
g. Unsolicited
promotions, mass mailings or "spamming", the transmission of
"junk mail", "chain letters", political campaigning,
advertising, contests, raffles, or solicitations;
h. Content
containing commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes;
i. Private
information of any third party, including, without limitation, surname (family
name) addresses, phone numbers, email addresses, Aadhar numbers, and credit
card numbers;
j. Contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
k. Viruses
corrupted data or other harmful, disruptive, or destructive files;
l. Content
that is unrelated to the topic of the Interactive Area(s) in which such Content
is posted; or
m. Content
or links to content that, in the sole judgment of CONSTROCONNECT, (a)
violates the previous subsections herein, (b) is objectionable, (c) which
restricts or inhibits any other person from using or enjoying the Interactive
Areas or this Website, or (d) which may expose CONSTROCONNECT or
its affiliates or its users to any harm or liability of any type.
CONSTROCONNECT takes
no responsibility and assumes no liability for any Content posted, stored, or
uploaded by you or any third party, or for any loss or damage thereto, nor
is CONSTROCONNECT liable for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or profanity you
may encounter. As a provider of interactive services, CONSTROCONNECT is
not the author or creator of the third-party user-generated content, as it is
merely an intermediary and is not liable for any statements, representations,
or Content provided by its users in any public forum, the personal home page, or
other Interactive Area. Although CONSTROCONNECT has no
obligation to screen, edit or monitor any of the Content posted to or
distributed through any Interactive Area, CONSTROCONNECT reserves
the right, and has absolute discretion, to remove, screen, translate or edit
without notice any Content posted or stored on this Website at any time and for
any reason, or to have such actions performed by third parties on its behalf,
and you are solely responsible for creating backup copies of and replacing any
Content you post or store on this Website at your sole cost and expense.
If
it is determined that you retain moral rights (including rights of attribution
or integrity) in the Content, you hereby declare that (a) you do not require
that any personally identifying information be used in connection with the
Content, or any derivative works of or upgrades or updates thereto; (b) you
have no objection to the publication, use, modification, deletion and
exploitation of the Content by CONSTROCONNECT or its
licensees, successors and assigns; (c) you forever waive and agree not to claim
or assert any entitlement to any moral rights of an author in any of the
Content; and (d) you forever release CONSTROCONNECT, and its licensees,
successors and assigns, from any claims that you could otherwise assert
against CONSTROCONNECT by any such moral rights.
Any
use of the Interactive Areas or other portions of this Website in violation of
the foregoing violates the terms of this Agreement and may result in, among
other things, termination or suspension of your rights to use the Interactive
Areas and/or this Website.
B2B
Business. CONSTROCONNECT is
not a commission agent and does not provide or own any of the services offered.
Although CONSTROCONNECT displays information about
services offered by third-party Businesses and facilitates contact and
connection, such actions do not in any way imply, suggest, or constitute CONSTROCONNECT
‘s sponsorship or approval of third-party Businesses, or any affiliation
between CONSTROCONNECT and third-party Business.
Although CONSTROCONNECT members may rate and review
particular entities based on their own experiences, CONSTROCONNECT does
not endorse or recommend the products or services of any third-party Business.
You agree that CONSTROCONNECT is not responsible for the
accuracy or completeness of information it obtains from third-party entities
and displays on its sites or apps.
If
you engage in business with a third-party entity, you agree to review and be
bound by the entity's terms and conditions of purchase and site use (the
"Terms of Use"), Privacy Policy, and any other rules or policies
related to the entity's site or property. Your interactions with the third-party
entities are at your own risk. CONSTROCONNECT will have
no liability concerning the acts, omissions, errors, representations,
warranties, breaches, or negligence of any third-party entity or for any
personal injuries, death, property damage, or other damages or expenses resulting
from your interactions with a third-party entity.
This
Website may link you to entity sites or other websites that CONSTROCONNECT does
not operate or control. For further information.
LIABILITY DISCLAIMER
PLEASE
READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CONSTROCONNECT’s LIABILITY
TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE
AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING
THIS WEBSITE.
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY
INCLUDE INACCURACIES OR ERRORS. CONSTROCONNECT, ITS SUBSIDIARIES, AND
CORPORATE AFFILIATES (COLLECTIVELY,” ELEANOR CONGLOMERATE PVT LTD") DO NOT
GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER
INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ENTITY &
BUSINESS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS,
GENERAL BUSINESS DESCRIPTIONS, REVIEWS, AND RATINGS, ETC.).
CONSTROCONNECT MAKES
NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR
ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY
PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR
RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CONSTROCONNECT. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. CONSTROCONNECT DISCLAIMS ALL
WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THIS WEBSITE, ITS
SERVERS, OR ANY EMAIL SENT FROM CONSTROCONNECT, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW CONSTROCONNECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS ABOUT
THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
CONSTROCONNECT ALSO
EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS
TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT. NOTHING IN THIS AGREEMENT
SHALL EXCLUDE OR LIMIT CONSTROCONNECT ‘s LIABILITY FOR (I) DEATH OR
PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISTATEMENT
(IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT
BE EXCLUDED UNDER APPLICABLE LAW.
THE
THIRD-PARTY ENTITY PROVIDING INFORMATION, OR OTHER SERVICES ON THIS WEBSITE ARE
INDEPENDENT PROFESSIONALS/CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE CONSTROCONNECT. CONSTROCONNECT IS
NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES, OR NEGLIGENCE OF ANY SUCH ENTITY OR ANY PERSONAL INJURIES, DEATH,
PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
SUBJECT
TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT
SHALL CONSTROCONNECT (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL LOSSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL,
DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNTECTED IN
ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE
DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT
LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE;
ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS
TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE,
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CONSTROCONNECT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE TERMS AND CONDITIONS AND
FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CAN
NOT BE EXCLUDED UNDER APPLICABLE LAW.
If CONSTROCONNECT is
found liable for any loss or damage that arises out of or is in any way
connected with your use of our sites or services, then the CONSTROCONNECT liabilities
will in no event exceed, in the aggregate, the greater of (a) the transaction
fees paid to CONSTROCONNECT for the transaction(s) on
this Website giving rise to the claim, or (b) Five Thousand Rupees (INR
Rs.5000.00).
The
limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and apply even if any
limited remedy specified in these terms is found to have failed of its
essential purpose. The limitations of liability provided in these terms inure
to the benefit of CONSTROCONNECT.
INDEMNIFICATION
You
agree to defend and indemnify CONSTROCONNECT and its
affiliates and any of their officers, directors, employees, and agents from and
against any claims, causes of action, demands, recoveries, losses, damages,
fines, penalties, or other costs or expenses of any kind or nature including
but not limited to reasonable legal and accounting fees, brought by third
parties as a result of:
(i) your breach of this Agreement or the
documents referenced herein;
(ii) your violation of any law or the rights
of a third party; or
(iii) your use of this Website.
(iv) any products or services purchased or
obtained by you in connection with the Site
(v) the infringement by you, or any third
party using your account, of any intellectual property or another right of any
person or entity.
You agree to indemnify, defend, and hold CONSTROCONNECT, its
parents, subsidiaries, affiliates, any related companies, entity, licensors and
partners, and the officers, directors, employees, agents, and representatives
of each of them (collectively, the "CONSTROCONNECT Entities")
harmless, including costs, liabilities and legal fees, from any claim or demand
made by any third party. CONSTROCONNECT reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any such matter
without the prior written consent of CONSTROCONNECT. CONSTROCONNECT will
use reasonable efforts to notify you of any such claim, action, or proceeding
upon becoming aware of it.
LINKS TO THIRD-PARTY SITES
This
Website may contain hyperlinks to websites operated by parties other than CONSTROCONNECT. Such
hyperlinks are provided for your reference only. We do not control such
websites and are not responsible for their contents or the privacy or other
practices of such websites. Further, it is up to you to take precautions to
ensure that whatever links you select or software you download (whether from
this Website or other websites) is free of such items as viruses, worms, Trojan
horses, defects, and other items of a destructive nature. Our inclusion of
hyperlinks to such websites does not imply any endorsement of the material on
such websites or any association with their operators. In some cases, you may
be asked by a third-party site to link your profile on CONSTROCONNECT
to a profile on another third-party site. Choosing to do so is purely
optional, and the decision to allow this information to be linked can be
disabled (with the third-party site) at any time.
SOFTWARE
AVAILABLE ON THIS WEBSITE
Unless
otherwise specified, the materials on the websites are presented solely to
provide information regarding and to promote CONSTROCONNECT ‘s services,
websites, partners, and other products available in India, its territories,
possessions, and protectorates. CONSTROCONNECT websites
are controlled and operated by CONSTROCONNECT from its
offices in Pune District, Maharashtra State in India. CONSTROCONNECT makes
no representation that materials on the CONSTROCONNECT websites
are appropriate or available for use outside of India. Those who choose to
access the CONSTROCONNECT website from outside of India
do so on their initiative and are responsible for compliance with local laws,
if and to the extent that local laws are applicable. Software from the CONSTROCONNECT websites
is further subject to India export controls. No software from the CONSTROCONNECT websites
may be downloaded or otherwise exported or re-exported (a) into (or to a
national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any
other country to which India has embargoed goods. By using the CONSTROCONNECT
websites, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such
list.
Any
software that is made available to download from the CONSTROCONNECT websites
("Software") is the copyrighted work of CONSTROCONNECT, or CONSTROCONNECT affiliates,
or other third-party software as identified. Your use of such Software is
governed by the terms of the end-user license agreement, if any, which
accompanies, or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied by or includes a
License Agreement unless you first agree to the License Agreement terms. For
any Software made available for download on this Website not accompanied by a
License Agreement, we hereby grant to you, the user, a limited, personal,
nontransferable license to use the Software for viewing and otherwise using
this Website by these terms and conditions and for no other purpose.
Please
note that all Software, including, without limitation, all HTML, XML, Java code,
and Active X controls contained on this Website, is owned by CONSTROCONNECT and/or
its affiliates, and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All
contents of this Website are ©2022 CONSTROCONNECT. All rights
reserved. CONSTROCONNECT is not responsible for content
on websites operated by parties other than CONSTROCONNECT. CONSTROCONNECT, the
owl logo, the rating bubbles, and all other product or service names or slogans
displayed on this Website are registered and/or common law trademarks of CONSTROCONNECT and/or
its entity or licensors, and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of CONSTROCONNECT
or the applicable trademark holder. In addition, the look and feel of
this Website, including all page headers, custom graphics, button icons, and
scripts, is the service mark, trademark, and/or trade dress of CONSTROCONNECT
and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of CONSTROCONNECT. All other trademarks,
registered trademarks, product names, and company names or logos mentioned on
this Website are the property of their respective owners. Reference to any
products, services, processes, or other information, by trade name, trademark,
manufacturer, entity, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof by CONSTROCONNECT.
Notice and Take-Down
Policy for illegal content
CONSTROCONNECT operates
on a "notice and takedown" basis. If you have any complaints or
objections to material or content including User Messages posted on this
Website, or if you believe that material or content posted on this Website
infringes a copyright that you hold, please contact us immediately by following
our notice and takedown procedure. Once this procedure has been followed CONSTROCONNECT will
make all reasonable endeavors to remove illegal content within a reasonable
time.
Modifications
CONSTROCONNECT
may change, add or delete these Terms and Conditions or any portion
thereof from time to time in its sole discretion where it deems it necessary
for legal, general regulatory, and technical purposes, or due to changes in the
services provided or nature or layout of the Website. Thereafter, you expressly
agree to be bound by any such amended Terms and Conditions.
CONSTROCONNECT may
change, suspend or discontinue any aspect of the CONSTROCONNECT service
at any time, including the availability of any feature, database, or
content. CONSTROCONNECT may also impose limits on certain
features and services or restrict your access to all or parts of the Website or
any other CONSTROCONNECT website without notice or liability
for technical or security reasons, to prevent unauthorized access, loss of, or
destruction of data or where we consider in our sole discretion that you are in
breach of any provision of these Terms and Conditions or of any law or
regulation and where it decides to discontinue providing a service.
YOUR
CONTINUED USE OF CONSTROCONNECT NOW, OR FOLLOWING THE
POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF
SUCH MODIFICATIONS.
JURISDICTION AND
GOVERNING LAW
This
Website is operated by an Indian entity and this Agreement is governed by the
laws of INDIA. You hereby consent to the exclusive jurisdiction and venue of
courts in Pune, Maharashtra State INDIA and stipulate to the fairness and
convenience of proceedings in such courts for all disputes arising out of or
relating to the use of this Website. You agree that all claims you may have
against CONSTROCONNECT arising from or relating to this
Website must be heard and resolved in a court of competent subject matter
jurisdiction located in Pune, INDIA. Use of this Website is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including, without limitation, this paragraph. The foregoing shall
not apply to the extent that applicable law in your country of residence
requires application of another law and/or jurisdiction and this cannot be
excluded by contract.
ADDITIONAL MOBILE LICENSES
Portions
of CONSTROCONNECT mobile software may use copyrighted material, the
use of which CONSTROCONNECT acknowledges. In addition, there are specific
terms that apply to the use of certain CONSTROCONNECT mobile
applications.
GENERAL PROVISIONS
You
agree that no joint venture, agency, partnership, or employment relationship
exists between you and CONSTROCONNECT and/or affiliates
as a result of this Agreement or use of this Website.
Our
performance of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement limits our right to comply with law
enforcement or other governmental or legal requests or requirements relating to
your use of this Website or information provided to or gathered by us concerning
such use. To the extent allowed by applicable law, you agree that you will
bring any claim or cause of action arising from or relating to your access or
use of this Website within one (1) year from the date on which such claim or
action arose or accrued or such claim or cause of action will be irrevocably
waived.
If
any part of this Agreement is determined to be invalid or unenforceable under
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remaining
provisions in the Agreement shall continue in effect.
This
Agreement (and any other terms and conditions referenced herein) constitutes
the entire agreement between you and CONSTROCONNECT concerning
this Website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the customer and CONSTROCONNECT concerning
this Website. A printed version of this Agreement and any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
These
Terms and Conditions are available in the language of the Website. The specific
Terms and Conditions under which you signify your agreement will not be
individually stored by CONSTROCONNECT. The Website may not always be
updated on a periodic or regular basis and consequently is not required to
register as an editorial product under any relevant law. Fictitious names of
companies, products, people, characters, and/or data mentioned on this Website
are not intended to represent any real individual, company, product, or event.
Any rights not
expressly granted herein are reserved.
