This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Application, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Application constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the software following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the software and the Services. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
To fully avail the Services and use of it, a one-time registration is required for Users, whether they be companies or individuals, including all information regarding the construction projects of the Users, including but not limited to, Project name, location and other basic information, ,Schedule and budget of project ,Purchase orders and work orders ,Any man, material or machinery related expense ,Status of the project in terms of cost and schedule ,Companies and people involved in the project along with their commercials and contract terms ,Location of relevant Users and events ,Payments made to vendors and contractors
This information is used to provide Users with important services via e-mail, and information that may be customised to their demographic, interests, professional lives, business requirements and desired experience.
Registration for the Application is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor, You may use the Application through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Application or availing any of its Services.
Further, You are solely responsible for protecting the confidentiality of Your User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The Users who register on the Webste shall be assigned a unique subdomain under which the information mentioned in Clause 2 is collected and stored. The User shall access the software from the said unique subdomain. The software consists of a web-based control panel for executives for monitor and manage their projects from the comfort of their offices and a mobile application designed for site supervisors and foremen to record information in real-time from their smartphones
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Application if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All information, whether in text, audio, pictorial or any other visual form that is entered or modified by Users in the software (collectively, ‘Content’), is generated/provided by the Users and We do not guarantee the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Application is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided by the User on the Application, and whilst feedback and comments by Users shall be made via the Application, the Application bears no liability whatsoever for any feedback or comments made by the Users made in respect of any of the content on the Application. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Application. Users shall not copy, adapt, and modify any content without written permission of the Company
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Application.
A User may terminate their use of the service or the software at any time. The Company may terminate these Terms and close a User’s account at any time without notice if the User is in the free trial period, and/or suspend or terminate a paid User’s access to the software at any time and for any reason, upon providing adequate notice and reason to the User. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. If the Company wishes to discontinue the software or service, the same may be carried out after providing adequate notice to the User s and reasons for the same.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time as per the provisions contained above. the Application also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Application and/or other visitors to the Application. the Application reserves the right to limit, deny or create different access to the Application and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
Subscription on this Website may be offered for a trial period, and if so offered, shall be free for Users for the said period , and this includes accessing the Application and the use of the services for a specific trial period. The decision as to whether to make a trial subscription available, the duration of the trial and features of the trial period shall be at the discretion of the Company and may be changed, at any time, without prior intimation to the User. Any use of the Application or services are charged separately in accordance with the specific services required by the User from the Application, after the trial period. We reserve the right to amend the charges for the services rendered. In case that happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are communicated via email or phone.
Upon availing of the Services, the Users agree and acknowledge that prices for different services listed on the Application shall be in accordance with those communicated to the User over email or phone and shall be as per mutually agreed contract terms and shall not be displayed on the Application. Further, Users shall be offered one or more of the following modes of payment for purchase of products:
The Users acknowledge that a minimum of one of the above payment methods shall be offered for every available service on the Application. The Users are solely responsible for the genuineness of credentials and payment information provided on the Application and the Application shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
The User agrees and acknowledges that they are a restricted User of this Website, and that they:
The User further undertakes not to:
The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Application and/or the services or materials contained therein.
The Founders/Promoters/Associated people of the Application are not responsible for any consequences arising out of the following events:
the Application accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Application or any service availed of by the User through the Application. the Application will not be liable to you for the unavailability or failure of the Application.
Further, it is stated that all information provided by the User has to be checked by the concerned Party for genuineness, and the same shall be liable to be used only after performance of the necessary checks. the Application shall not bear any liability in this regard.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Application’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Application and other distinctive brand features of the Application are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Application.
The User may not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective Users of the Application, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Neither the Company nor the Application shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by contacting the Company via website Contact page
These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
If you have any questions about this Agreement, the practices of the Application, or your experience with the Service, you can contact us via website contact page.