TERMS OF USE
Developed on 15 Feb, 2023
Please read the following terms and conditions carefully as your use of services and products on our website www.constructionetail.com is subject to your acceptance of and compliance with such terms and conditions. The term “constructionetail.com ” is used through this entire “Terms of Use” document to refer to the Website. Before using our Services (as defined below), you must read the Terms of Use set out herein. If you do not agree with any of these terms, you may not access or otherwise use this service or any information contained in the service. Your use of this service shall be deemed to be your agreement to abide by each of the terms set forth below. This document is published by virtue of a legal requirement under the provisions of the Information Technology Act, 2000 that require ‘intermediaries’ to publish the rules and regulations, privacy policy and terms for access or usage of our Website and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. We reserve the right to revise these terms at any time. Please re-visit the page “Terms of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent to such changes.
Definitions Used
The term ‘user’ would include any person, whether an individual or a legal entity who has viewed into www.constructionetail.com. The term ‘authorised user’ would include any person, whether an individual or a legal entity who has viewed or subscribed to the services of www.constructionetail.com, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by www.constructionetail.com or chosen by the user or agreed upon by www.constructionetail.com. It is made abundantly clear that the user / authorised user has the right to access the services so offered by www.constructionetail.com. For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorised user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions. The terms 'User' and 'customer' would include both the authorised and unauthorised user(s) The terms 'service' or 'services' would mean to include the interactive online information service offered by www.constructionetail.com on the internet through which the user may access information carried by www.constructionetail.com in the database maintained by it. The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to www.constructionetail.com acting as an agent either express or implied on behalf of any user/customer
User Conduct
User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by User that in www.constructionetail.com discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with www.constructionetail.com. Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the Trademark and Copyright laws of India. www.constructionetail.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. You agree to be bound by the provisions of the ‘User Conduct’ set out below. In terms of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 you agree to not host, display, upload, modify, publish, transmit, update or share any information on our Website that: 1. Belongs to another person and to which you do not have any right to; 2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 3. Harms minors in any way; 4. Infringes any patent, trademark, copyright or other proprietary rights; 5. Violates any law for the time being in force; 6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 7. Impersonates another person; 8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. Additionally you agree to abide by the following terms: 1. You cannot modify, adapt or attempt for an unlawful access of Service or build any other third party Service or website that falsely represents www.constructionetail.com. 2. Verbal, physical, written or other abuse of any Constructionetail.com customer, employee, member, or officer may result in immediate account termination including legal action against you. 3. You will not gain unauthorized access to our Website or Service, or our computer systems or networks connected to our Website, through hacking, password mining or any other means. 4. You will not otherwise do anything that it is not expressly permitted by the terms of this "terms of use" document.
Use of Services
The Services may contain email services, chat areas, forums, personal profile pages, photos, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not use the communication services for surveys, junk emails, etc,; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Commit an act including, but not limited to publishing, posting, uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under the laws of India; Use any material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed. Www.constructionetail.com reserves the right to review materials posted to the communication Services and to remove any material in its sole discretion. Www.constructionetail.com reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Www.constructionetail.com reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in www.constructionetail.com’s sole discretion. Users are advised to use caution when giving out any personally identifiable information in any Communication Services. Www.constructionetail.com does not control or endorse the content, messages or information found in any Communication Services, and therefore, Www.constructionetail.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Www.constructionetail.com spokespersons, and their views do not necessarily reflect those of www.constructionetail.com. Disclaimer regarding Software, Documents and Services available on this Website In no event shall www.constructionetail.com and/or its respective suppliers shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services. Details provided to Www.constructionetail.com or Posted at any of its Websites Www.constructionetail.com does not claim ownership of the materials User provides to Www.constructionetail.com (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Www.constructionetail.com and its affiliated companies permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the licenses rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the services.
Website Content
Constructionetail.com does not guarantee that any content postings, messages, text, files, photos, comments, images, or any such material ("Content") on our Website will be free from any bugs, viruses, Trojans or other harmful code or communications that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. Constructionetail.com shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such Content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content. You acknowledge that the information provided on our Website is compiled from sources, which are beyond the control of www.constructionetail.com, although such information is recognized by us to be generally reliable. You acknowledge that there may be inaccuracies in such information and Constructionetail.com does not warrant the accuracy or suitability of such information. Changes are periodically added to the contents herein. Constructionetail.com and/or its respective suppliers may make improvements and/or changes in this website at any time. This website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that information on Constructionetail.com is provided to you on an "AS IS, WITH ALL FAULTS" basis.
Computer System/Mobile Application
Constructionetail.com disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly, by virtue of harm caused to your computer, tablet, mobile or other communication device by download of any contaminated/destructive viral elements or any content accompanied by such download or claims made on Constructionetail.com for refund of charges paid in relation to downloading of any other mobile application (paid or unpaid) which appear to be similar to www.constructionetail.com
Internet Traffic
As a result of high internet traffic, transmission problems, system capacity limitations and other problems, you may at times, experience difficulty in accessing the Website or communicating with us through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Website can experience unanticipated outages or slowdowns, or have capacity limitations. Constructionetail.com does not guarantee continuous, uninterrupted or secure access to its Website.
Disclaimer of Warranty; Limitation of Liability
User expressly agrees that use of the Website is at User’s Sole risk. Neither www.constructionetail.com its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from the use of the website, or, as to the accuracy, reliability or content of any information, service, or merchandise provided through the website. Website is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that Www.constructionetail.com is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User. In addition to the terms set forth above www.constructionetail.com.org, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby. You agree that Constructionetail.com (including its and their officers, directors, employees, affiliates, group companies, agents and representatives) shall not in any event be liable to you for: 1. Any special, incidental or consequential damages arising out of the use or inability to use or delay in use of the Constructionetail.com Website or the related information for any purpose whatsoever. 2. Exercising its right to modify or discontinue any or all of the Contents, information, software, products, features and services published on this Website.
Unsolicited Idea Submission Policy
www.constructionetail.com or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when www.constructionetail.com ‘sproducts or marketing strategies might seem similar to ideas submitted to www.constructionetail.com. If such unsolicited ideas are sent, despite our request that you should not send us your ideas, please understand that Www.constructionetail.com makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Monitoring www.constructionetail.com shall have the right but not the obligation, to monitor the content of the website, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by Www.constructionetail.com and to satisfy any law, regulation or authorised government request. Www.constructionetail.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, Www.constructionetail.com shall have the right to remove any material that Www.constructionetail.com in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnity
You agree to indemnify, hold harmless and defend Constructionetail.com and its directors, officers, employees and agents from and against any and all claims brought by any third party in relation to (i) your use of the Service, Website or any of the Content contained on the Website; and/or any (ii) breach of the terms of this Terms of Use or any other Website usage policy published on the Website or communicated to you by Constructionetail.com from time to time.
Force Majeure
Constructionetail.com shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone/internet interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Constructionetail.com shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.
Disputes, Governing Law and Jurisdiction
Constructionetail.com shall not be a party to any dispute, which may arise between participants on our Website, or between its users and any third party in respect of any matter related to the Website. In the event of such a dispute arising, you hereby release www.constructionetail.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services. The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharastra, India in the event of disputes arising out of or in relation to your use of www.constructionetail.com. Use of Constructionetail.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Termination
Either Www.constructionetail.com or the User may terminate this Agreement at any time. Www.constructionetail.com shall have the right to immediately terminate the User’s Account in the event of any conduct by User which www.constructionetail.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.
Intellectual Property
All copyrights and trademarks held by Www.constructionetail.com with respect to its logos and content posted on the Website by Www.constructionetail.com etc are the intellectual properties of Www.constructionetail.com and all rights are reserved on the same.
Miscellaneous
This Agreement and any operating rules for Www.constructionetail.com established by Www.constructionetail.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India.