END-USER LICENSE AGREEMENT
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 – email@example.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.
"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.
"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 OF SERVICE
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.
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
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.
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.
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.
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.
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.
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
xxi. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
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.
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.
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.
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, scrape,r 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.
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, Adhar 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, a 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, 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.
This Website may link you to entity sites or other websites that CONSTROCONNECT does not operate or control. For further information.
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. CONSTROCONNECDISCLAIMSIM 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.
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 ©2016 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.
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.
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.
For answers to your questions or ways to contact us Or, you can write to us at:
Eleanor Conglomerate Pvt Ltd
814 – Law College Road,
Pune, Maharashtra, INDIA. 411004
©2021 Eleanor Conglomerate Pvt Ltd. All rights reserved.