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 – 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 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.
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
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.
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, 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.
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.
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.
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 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. 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.
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 ©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.
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.
SERVICE HELP
For answers to your questions or ways to
contact us Or, you can write to us at:
CONSTROCONNECT
Eleanor Conglomerate Pvt Ltd
814 – Law College Road,
Pune, Maharashtra, INDIA. 411004
info@constroconnect.com
©2021 Eleanor Conglomerate Pvt Ltd. All rights
reserved.
