Constructionshows
Introduction:
This Terms and Conditions along with other Terms, Policies and Statements published elsewhere in the website new.constructionshows.com(Collectively “Agreement”, “this Agreement”) governs the entire relationship between you as “User” and we as “Owner” of the website pertaining to your access to / use of the website for any purpose whatsoever. It is a prerequisite for all users to “Agree” to the provisions of this Agreement before accessing the website new.constructionshows.com (“website”). If you don’t agree to any terms of this Agreement, you are advised to not to access the website.
We reserve absolute and unconditional right to amend any or all parts of this Agreement without any prior notice or intimation to anybody. Provisions of such amended agreement will be effective from the date of publication of such amended agreement in the website. Your access or continue to access to the website after publication of such amendment agreement will be deemed as your acceptance to such amended agreement.
In case we have signed any separate agreement (“Special Agreement”) with you for providing any special service(s) to you via our website, then provisions of such special agreement will be additionally applicable to you in additions to provisions of this Agreement. In case of conflicts in provisions of such special agreement and provisions of this Agreement, then provisions of such special agreement will prevail.
Definition:
Unless otherwise provided elsewhere in the Agreement, following words will have below meanings. Words not defined in this Agreement shall have meaning as used in common parlance.
“Website” or “site” means new.constructionshows.com and includes its Owner, Partner, Parent, Subsidiary and affiliated companies, Officers, Directors, Employees, Successor in interest and permitted assignees.
“User” means the person who accesses or uses the website for any purpose whatsoever. It includes, without limitation, Visitors, Event Organizers, Bloggers, Newsletter content writers, Newsletter subscribers, Advertisers of the website.
“Person” means and includes both natural person and artificial person, such as company, LLC, LLP, partnership, association of persons, body of individuals etc, and their authorized agents and representatives.
“We”, “us”, “ours” etc as referred in this agreement refers to the website and its owner
“You”, “your” etc as referred in this agreement refers to the user of the website
“Party” refers to either user or website, collectively known as “Parties”
About us:
The website is a news and information service provider about upcoming events, shows, fairs, exhibitions, expos etc around the world relating to construction and heavy equipments industry. Such information is sometimes published in the website by the event organizer himself and sometimes we collect such information from different sources and publish the same for the benefits of visitors of the website. We also share periodical newsletters, press releases, blog posts etc for the interest of our users. All such information, services etc is provided absolutely free of cost and we don’t assume any responsibility for any misstatement, inaccurate, incomplete information published in our website or via newsletter, press releases etc. Users are requested to check the accuracy and correctness of such information from other sources before relying on the same.
We reserve all rights to stop any and all services being rendered / provided at present via the website. In the same way, any and all services may be amended partially or fully at our sole right and discretion. We don’t assure the continuity of services (whether in part or full) to any persons for any purposes whatsoever.
User Registration:
The website sometimes asks for User registration, including but not limited to, if the user is an Event Organizer and wishes to submit its event in the website, or a Blogger and wishes to publish his blog post in the website, or a Newsletter content writer and wishes to write articles etc in our newsletter, or a Newsletter subscribers and wishes to subscribe our periodical newsletter, etc. In such a case, users will be required to fill a simple registration form with certain personal details like name, e-mail id, phone number etc. Users hereby assures us that such information as entered by them at the time of registration are of its own or they are duly authorized to enter such information on behalf of others, and such information are accurate, genuine, complete and up to date. Users are also requested to keep such information up to date and also keep their login credential (user id and password) secure. User will be solely responsible for any action caused in the website using user’s login id and password. In case the user is required to pay any fee to the website for availing any services, the user should ensure to use its own (or it should be duly authorized by the owner) bank and card information while making such payment.
It is important for all users to at least attain the age of majority to access our website and to accept this legal binding agreement. In case you are a minor as per the law to which you are subject to, we advise you not to use our website for any purpose whatsoever. In case you are using our website for or on behalf of any other person or entity, you hereby assure us that you have all necessary authorization, permission etc to represent that other person or entity and the word “user” for the purpose of this Agreement means and includes you and that other person or entity to which you are representing.
Accuracy, Completeness and Timeliness of Information:
We try our best to keep, the website and all information posted therein, accurate, correct and up to date. But we hereby expressly disclaim our responsibility and liability if any or all such information made available on this site is not useful, not up to date, inaccurate, incomplete or not current. The materials on our website are provided for general information purpose only and should not be relied upon or used as the sole basis for making any decision in whatsoever nature. You are advised to consult other source of information which may be more accurate, more complete or more timely. Any reliance on the material on this site is at your sole risk.
We also expressly inform you that details of events, trade shows, fairs etc as published in the website may not exist, has wrong information contents etc and we don’t check the authenticity or accuracy of such information. You are requested to contact the event organizers directly to check the accuracy of event schedule, program topic etc before relying on the same. In the same way, if you are an event organizer or blogger or newsletter content writer etc, you hereby assure us that all information, data, details etc as may be published by you in our website are correct, accurate, genuine, complete and up to date. You will be responsible and will be required to defend, protect and hold us harmless for any loss, cost, damage, action, suit etc as may be faced, incurred or suffered by us due to your action, inaction, omission, commission, negligence, fraud or mistake, whether done intentionally, accidentally or otherwise.
Products or Services:
We expressly disclaim that any or all of our products, materials, services or information as available to you through our website, newsletter etc, are accurate, trustworthy, complete, genuine or will be useful to you for the purpose for which it is circulated or published. We don’t recommend you to take any decision based on information on our website without checking other sources of information. We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any service or part thereof at any point of time.
We do not warrant that the quality of services, information, or other materials disclosed or displayed in our website, newsletter etc will meet your expectations, or that any errors in the Service will be corrected. Our liability to you for all purposes whatsoever is limited to amount mentioned in “Limitation of Liability” clause.
Third Party Links:
Certain content, services or materials as available in our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us nor we have any control on such websites nor we monitor their activities. We assume no responsibility for examining or evaluating the content or accuracy of such websites / third party links and we do not warrant and will have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any type of harm or damages caused to you in relation to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We recommend you to review carefully the terms of services, policies and practices of such third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the concerned third-party only.
User Comments, Feedback and other Submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Prohibited Uses:
In addition to other prohibitions as set forth in this Agreement and as applicable to you as per the law to which you are subject to, you are prohibited from using the site or its content including products or services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. In addition of our right to terminate you from using our services, we reserve all rights to file law suit against you for recovery of all loss, damage and cost (both direct and indirect) incurred or suffered by us.
Intellectual Property Rights:
Our website and its contents including images, blogs, users posted information, event information etc are protected by copyright and other intellectual property rights laws across the world to the benefit of its creators. Your use or access to use the website or the information published in the website doesn’t give you any ownership on intellectual property contained therein. As a viewer you will only get right to use the same for your personal and non commercial use. Breach or violation of any of provisions of this Agreement, whether intentionally or not, will result in both civil and criminal consequences as per applicable law.
We reserve the sole right to refuse to post any events or blogs or to stop any service / information available to any person for any reason and at any time.
Disclaimer of Warranties and Limitation of Liability:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the product or service will be accurate or reliable or as expected from similar product or services.
We don’t warrant that our services, information, newsletter etc are free from technical and other errors, as per description, will match to samples provided, will be fit for the purpose etc. You expressly agree that your use of, or inability to use, the products or service is at your sole risk. The service is provided to you ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the website, its owner, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, legal heirs, acquirers or licensors be liable for any injury, loss, claim, cost or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use, inability to use, of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the actual price paid by the user for the purchase of concerned product or services.
Indemnification:
You agree to indemnify, defend and hold harmless the website owner, his legal entity, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, legal heirs, successors, assigns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability:
In the event any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. Both Parties mutually will replace such unlawful, void or unenforceable provision with adequate lawful, valid and enforceable provisions keeping the purpose of this agreement and intention of the parties in mind.
Term and Termination:
The Agreement is effective from the date of acceptance by User and will be active until terminated by either party by giving 30 days prior notice to the other. However, if in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this agreement at any time without any prior notice to you.
The rights, liabilities and obligations of each party as incurred prior to the termination date shall survive post termination of this agreement for all purposes.
Waiver:
Failure by either Party to exercise or enforce any right or provision of this Agreement or any legal action against the other party shall not be constitutes as waiver of its right, subject to Limitation Act as applicable in Germany.
Dispute Settlement, Governing Law and Court:
All disputes as arises between User and us, out of this Agreement, shall be settled amicably. If amicable settlement is not possible within 30 days from the date of notification of disputes by one party to the other, then either party can refer the disputes to Arbitration at Hameln, Germany, in German language. Unless both parties agree for a sole Arbitrator, each party shall appoint one arbitrator each and arbitrators so appointed shall appoint the third arbitrator. Cost of Arbitration shall be borne by each party equally. Law and Court of Hameln, Germany will have exclusive jurisdiction over the agreement, without any choice of law provisions.