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These terms and conditions (“Terms”) govern the use of or access
to http://www.canstruct.com (“Website”), the “Canstruct” mobile
application (“App”), and the Services (defined below). The
Website and App are collectively referred to as the “Platform”.
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These Terms also include our privacy policy, available at
(“[Privacy Policy - https://www.canstruct.com/privacy-policy]”),
and any guidelines, additional terms, policies, or disclaimers
made available or issued by us from time to time. These Terms
may be updated by us, without notice to you and the Terms, as
amended, shall apply to you from time to time. You can always
review the most current version of these Terms on the Platform.
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These Terms constitute a binding and enforceable legal contract
between Pluckwalk Technologies Private Limited and our
affiliates (collectively, “Canstruct” , “We” or “Us”) and any
end user (“User”) of the Services, including end user’s use of
all properties, Platform, Services, products, whether available
over the internet or otherwise, that are owned or operated by
Canstruct (collectively, the "Properties"), and all products and
Services available from Canstruct, SPs (as defined below).
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A User or any end user of the Services (collectively, “You”),
represents and warrants that You (a) have full legal capacity
and authority to agree and bind yourself to these Terms, (b) are
eighteen years of age or older, and (c) are an Indian resident.
If You represent an entity, organisation, or any other legal
person, You confirm and represent that You have the necessary
power and authority to bind such entity, organisation, or legal
person to these Terms.
By using the Services, You agree that You have read, understood,
and are bound by these Terms, and that You comply with the
requirements listed herein. If You do not agree to all of these
Terms or comply with the requirements herein, please do not access
the Platform or use the Services.
1. Services
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a) Canstruct connects customers and service providers of all
types (individually, a "SP"). We help customers discover and
select a SP based on characteristics that matter most to them.
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b) Canstruct will act as an intermediary and assist the customer
to get the project completed as per the agreement executed
between the customer and an SP. Once the contract has been
executed between the customer and the SP, and a copy is
submitted to Canstruct and the project has commenced, Canstruct
will provide services on tracking the phases and development of
the project.
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c) Building materials can be supplied to registered businesses
(B2B) only.
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d) Individual customers (B2C) or end consumers can't purchase
construction materials with Canstruct Building material supply
team
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e) There are pre-specified timelines for the SCM team to execute
a particular material category
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f) Invoice will be directly raised by Canstruct to the business
within 48 hours of delivery
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g) Canstruct will share leads of customer enquiring for
assistance in plot to plot developers for a fixed commission
fee. Canstruct in no way will be involved in negotiating the
price of the parcel of land being bought or discussed by the
customer
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h) Canstruct will digitally promote it’s client partners. This
assistance will be for a fixed fee. Nowhere will Canstruct be
involved in negotiating the price of the property
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i) Package rates are subject to build up area and number of
floors
2. Accessing And Using Our Site And Services
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Initiating Service
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You agree that any information you provide in creating your
account is complete and accurate, and you agree to keep it up to
date. For example, We provide some notices by email to your
account, and You agree to keep that email current and valid as a
method for providing notices under these Terms.
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Restrictions
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You will not nor will You allow any third party to: modify,
copy, or otherwise reproduce the Services in whole or in part;
reverse engineer, decompile, disassemble, or otherwise attempt
to derive the source code form or structure of the software used
in the Services; provide, lease or lend the Services to any
third party; remove any proprietary notices or labels displayed
on the Services; modify or create a derivative work of any part
of the Services; or use the Services for any unlawful purpose or
contrary to these Terms. You will (1) ensure that Your users
comply with these Terms; (2) use commercially reasonable efforts
to prevent unauthorized access to or use of the Services; and
(3) use the Services only in accordance with the User Guide and
applicable laws and government regulations.
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Charges
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You agree that use of any SP’s Services will result in charges
to you for the products or services provided by such SP ("SP
Charges") and that use of the Canstruct Services will result in
charges to you for the products or services provided by
Canstruct ("Canstruct Charges") (Canstruct Charges and SP
Charges, collectively, "Charges"). You will be informed of
Charges before products or services are provided by Canstruct or
SPs, as applicable (including cancellation fees and terms, if
any). You should confirm Charges each time you request products
or services. Applicable tax will be added to all Charges where
required by law.
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Payment
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Payments for charges are immediately due upon provision/start
of applicable products and services. Payments are final and
non-refundable and at discretion of Canstruct. Canstruct will
merely facilitate your payment to SP. You acknowledge and agree
that your purchases of services and products from any SP are
transactions between you and that SP, and not with Canstruct.
3. Provision Of Services
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Technical Support - As part of our Services, we will make
our standard technical support available to you. Canstruct shall
be providing access to its business Platform to all its
registered users (both the SPs and the End Customers) in order
to facilitate the provision of Services from SP to End Customer
and payment from End Customer to SP in accordance with the terms
of the agreement between SP and End Customer. Canstruct shall
neither be considered as a principal or an agent of either of
the End Customer or User nor to that of any SP. Accordingly,
Canstruct shall not be held liable in any manner pursuant to or
for any transaction taking place between the users of
Canstruct’s business platform.
4. Service Cancellation Policy
Please check our service cancellation policy
HERE.
5. Account Information
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a) Canstruct may upload information relating to transactions
with customers, including the sale of goods or services, costs,
amounts paid and payable, and details of goods and services, on
the Platform (such information is referred to as “Transaction
Information”). Transaction Information may be exchanged between
SPs and customer through telephonic calls, text message,
WhatsApp, email, or other electronic mediums that would depend
on the contact details of SPs and customers provided on the
Platform.
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b) At the time of creating or uploading the first Transaction
Information with respect to a customer, Canstruct shall inform
such customer of its use of the Platform to record such
Transaction Information and Transaction Information related to
future transactions and seek such customer’s express consent in
this regard and to:
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(i) the creation of a profile of the customer on the
Platform, which will require sharing such customer’s phone
number and contact details with Us;
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(ii) share such Transaction Information with Us and third
parties to improve Our Services;
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(iii) receive communications from Us regarding: (A)
information relating to their transactions recorded on the
Platform; (B) requests for payment; (C) information about Us
and the Services; (D) promotional offers and services from
Us and its third-party partners, and (E) any other matter in
relation to the Services.
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(c) Should the customer fail to provide consent, or withdraw
consent, the SP shall immediately cease to use the Services in
relation to that customer.
6. Your Responsabilities
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a) The User represents and warrants that all information that is
provided through or in relation to the Services is complete,
true, and correct on the date of agreeing to these Terms and
shall continue to be complete, true, and correct while the User
avails the Services. Should any information that the User
provides change during the existence of these Terms, the User
undertakes to immediately bring such change to Our notice. We do
not accept any responsibility or liability for any loss or
damage the User may suffer or incur if any information,
documentation, material, or data provided to avail the Services
is incorrect, incomplete, inaccurate, or misleading, or if the
User fails to disclose any material fact.
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b) The User shall be solely responsible for ensuring compliance
with applicable laws, and shall be solely liable for any
liability that may arise due to a breach of its obligations in
this regard.
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c) The User shall extend all cooperation to Us in its defence of
any proceedings that may be initiated against it due to a breach
of the Users obligations or covenants under these Terms.
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d) While We use commercially reasonable efforts to provide Users
with a daily backup of their Transaction Information, Users
should regularly and independently save, backup, and archive
such Transaction Information.
e) The User shall not use the Services in any manner
except as expressly permitted in these Terms. Without limiting the
generality of the preceding sentence, the User may not:
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(i). infringe any proprietary rights, including but not limited
to copyrights, patents, trademarks, or trade secrets, of any
party;
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(ii). except as may be provided hereunder, copy, display,
distribute, modify, publish, reproduce, store, transmit, post,
translate, create any derivative works from, or license the
Services;
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(iii). use the Services to transmit any data or send or upload
any material that contains viruses, Trojan horses, worms,
timebombs, keystroke loggers, spyware, adware, or any other
harmful programmes or similar computer code designed to
adversely affect the operation of any computer software or
hardware
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(iv). use any robot, spider, other automated device, or manual
process to monitor or copy the Platform or Services or any
portion thereof;
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(v). engage in the systematic retrieval of content from the
Platform or Services to create or compile, directly or
indirectly, a collection, compilation, database or directory;
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(vi). use the Services in (A) any unlawful manner, (B) for
fraudulent or malicious activities, or (C) in any manner
inconsistent with these Terms; or
- (vii). violate applicable laws in any manner
7. Our Intellectual Property
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a) All rights, title, and interest in and to the Platform and
Services, including all intellectual property rights arising out
of the Platform and Services, are owned by or otherwise licensed
to Canstruct. Subject to compliance with these Terms, We grant
the User a non-exclusive, non-transferable, non-sub licensable,
royalty free, revocable, and limited license to use the Platform
and Services in accordance with these Terms and its written
instructions issued from time to time.
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b) We may request Users to submit suggestions and other
feedback, including bug reports, relating to the Platform or
Services from time to time (“Feedback”). We may freely use,
copy, disclose, publish, display, distribute, and exploit the
Feedback without any payment of royalty, acknowledgement, prior
consent, or any other form of restriction arising out of the
Userʼs intellectual property rights.
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c) Except as stated in these Terms, nothing in these Terms
should be construed as conferring any right in or license to Us
or any third partyʼs intellectual rights.
8. Term & Termination
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a) These Terms shall remain in effect unless terminated in
accordance with the terms hereunder.
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b) We may terminate a Userʼs access to or use of the Services,
or any portion thereof, immediately and at any point, at its
sole discretion if the User violates or breaches any of its
obligations, responsibilities, or covenants under these Terms.
c) Upon termination under Clause 8(b):
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(ii). the User shall not be eligible to avail any features of
the Services; and
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(iii). these Terms shall terminate, except for those clauses
that expressly or are intended to survive termination or expiry.
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d) Notwithstanding anything to the contrary contained in the
Terms, upon termination of a Userʼs access to or use of the
Services, all amounts or outstanding monies due by you in
relation to your use of or access to the Services shall become
immediately payable.
9. Disclaimers And Warranties
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a) The use of the Services is at your sole risk.
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b) Canstruct does not sponsor, endorse, recommend or approve of
any SP who offers products or services through the Services.
While we try to confirm that SPs meet certain requirements, we
cannot and do not represent or warrant that any SP is licensed,
qualified, bonded, insured or capable of performing any service.
Reference to any products, services or other information by
trademark, manufacturer, supplier or otherwise does not
constitute or imply an endorsement, sponsorship or
recommendation by us.
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c) All non-Canstruct trademarks, product names and logos
appearing on our Services are property of their respective
owners. Any estimate provided in connection with the Services is
only a guide, it is not a guarantee of the actual cost of your
specific project. Your interactions with organizations and/or
individuals found on or through the Services, including payment
and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are between you and such organizations and/or
individuals.
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d) You should make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline
transaction with any of these third parties. You agree that
Canstruct shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or
between users and any third party, you agree that Canstruct is
under no obligation to become involved. In the event that you
have a dispute with one or more other users, you release
Canstruct, its affiliates, and their respective officers,
directors, employees, agents, advertisers, shareholders,
licensors, licensees and suppliers from claims, demands, and
damages of every kind or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any
way related to such disputes and/or our Services. You
acknowledge and agree that this waiver is an essential and
material term of these Terms, and that without such waiver,
these Terms would not have been entered into by Canstruct.
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e) To the extent permitted by applicable law, the Services are
provided on an “as is” and “as available” basis. We do not
warrant that operation of the Services will be uninterrupted or
error free or that the functions contained in the Services will
meet your requirements.
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f) To the fullest extent permissible under applicable law, We
expressly disclaim all warranties of any kind, express or
implied, arising out of the Services, including warranties of
merchantability, fitness for a particular purpose, satisfactory
quality, accuracy, title and non-infringement, compatibility,
applicability, usability, appropriateness, and any warranty that
may arise out of course of performance, course of dealing, or
usage of trade.
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g) You hereby accept full responsibility for any consequences
that may arise from your use of the Services, and expressly
agree and acknowledge that We shall have absolutely no liability
with respect to the same.
To the fullest extent permissible by law, Canstruct, its
affiliates, and its related parties each disclaim all liability to
you for any loss or damage arising out of or due to:
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(i). your use of, inability to use, or availability or
unavailability of the Services, including any third party
services;
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(ii). the occurrence or existence of any defect, interruption,
or delays in the operation or transmission of information to,
from, or through the Services, communications failure, theft,
destruction or unauthorised access to Our records, programmes,
services, server, or other infrastructure relating to the
Services; or
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(iii). the failure of the Services to remain operational for any
period of time.
10. Indemnity
You shall indemnify, defend at Our option, and hold Us, our parent
companies, subsidiaries, affiliates, and their officers, associates
successors, assigns, licensors, employees, directors, agents, and
representatives, harmless from and against any claim, demand,
lawsuits, judicial proceeding, losses, liabilities, damages and
costs (including, without limitation, from all damages, liabilities,
settlements, costs and attorneysʼ fees) due to or arising out of
your access to the Services, use of the Services, violation of these
Terms or any infringement by any third party who may use your
account with Us, of these Terms.
11. Limitation Of Liability
Notwithstanding anything to the contrary contained herein, neither
Canstruct nor any of its affiliates or related parties shall have
any liability to you or any third party for any indirect,
incidental, special or consequential damages or any loss of revenue
or profits arising under, directly or indirectly, or relating, in
any manner whatsoever, to these Terms or the Services. To the
maximum extent permitted by law, you agree to waive, release,
discharge, and hold harmless Canstruct, its affiliates and
subsidiary companies, its parent companies, and each of their
directors, officers, employees, and agents, from any and all claims,
losses, damages, liabilities, expenses and causes of action arising
out of the Services.
12. Concent To Use Data
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a) You agree that We may in accordance with Our Privacy Policy
collect and use your information and technical data and related
information.
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b) We may use information and data pertaining to your use of the
Services for analytics, trendsʼ identification, and purposes of
statistics to further enhance the effectiveness and efficiency
of the Platform.
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c) Subject to applicable laws, We may be directed by law
enforcement agencies or the government and related bodies to
disclose data in relation to Users in connection with criminal
proceedings. You understand and agree that in such instances, We
shall have the right to share such data with relevant agencies
or bodies.
13. Modification
Canstruct reserves the right at any time to add, modify or
discontinue, temporarily or permanently, the Services (or any part
thereof) with or without cause. We shall not be liable for any such
addition, modification, suspension or discontinuation of the
Services.
14. Compliance With Applicable Laws And Regulations
Compliance with Applicable Laws and Regulations - You agree to
comply with all central, state, and local laws, rules, and
regulations related to or connected with use of the Services, and
you assume all liability and responsibility for your use of the
Services. If Canstruct reasonably determines that you are not in
compliance with applicable laws in your use of the Services, we
reserve the right to immediately suspend or terminate your use of
the Services, and you will be solely responsible for any penalties
and other sanctions for legal noncompliance.
Possible Suspension or Termination of Service for Non-Compliance -
If, for any reason, Canstruct reasonably believes that your use of
the Services is violating central, state, and/or local rules or
regulations, or is harassing to consumers or businesses, Canstruct
may suspend its Service to prevent further calling of those numbers
through its Service. In addition, Canstruct may review your Service
settings.
15. Jurisdiction, Governing Laws, And Dispute Resolution
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a) These Terms shall be governed by and construed and enforced
in accordance with the laws of India. Subject to other
provisions in this Clause, courts in Gautam Budh Nagar shall have
exclusive jurisdiction over all issues arising out of these
Terms or the use of the Services.
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b) Any controversies, conflicts, disputes, or differences
arising out of these Terms shall be resolved by arbitration in
Gautam Budh Nagar in accordance with the Arbitration and Conciliation
Act, 1996 for the time being in force, which is deemed to be
incorporated by reference in this Clause. The tribunal shall
consist of 1 (one) arbitrator appointed by Canstruct. The
language of the arbitration shall be English.
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c) The parties to the arbitration shall keep the arbitration
confidential and not disclose to any person, other than on a
need to basis or to legal advisors, unless required to do so by
law. The decision of the arbitrator shall be final and binding
on all the Parties hereto.
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d) Each party to the arbitration shall bear its own costs with
respect to any dispute.
16. Miscellaenous Provisions
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a) Modification
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Canstruct reserves the right at any time to modify these Terms
and to add new or additional terms or conditions on use of the
Services. Such modifications and additional terms and conditions
will be communicated to you and, unless expressly rejected (in
which these Terms shall terminate), will be effective
immediately and will be incorporated into these Terms. In the
event you refuse to accept such changes, these Terms will
terminate.
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b) Severability
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If any provision of these Terms is determined by any court or
other competent authority to be unlawful or unenforceable, the
other provisions of these Terms will continue in effect. If any
unlawful or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in
effect (unless that would contradict the clear intention of the
clause, in which case the entirety of the relevant provision
will be deemed to be deleted).
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c) Assignment
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You shall not licence, sell, transfer or assign your rights,
obligations, or covenants under these Terms in any manner
without Our prior written consent. We may grant or withhold this
consent in its sole discretion and subject to any conditions it
deems appropriate. We may assign its rights to any of its
affiliates, subsidiaries, or parent companies, or to any
successor in interest of any business associated with the
Services without any prior notice to you.
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d) Notices
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All notices, requests, demands, and determinations for
Canstruct under these Terms (other than routine operational
communications) shall be sent to getintouch@canstruct.in.com. If you have
questions on these Terms, please contact us by email at
getintouch@canstruct.in.com.
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e) Third Party Rights
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No third party shall have any rights to enforce any terms
contained herein.
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f) Translations
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Canstruct will not be liable for inadequate performance to the
extent caused by a condition (for example, natural disaster, act
of war or terrorism, riot, labor condition, governmental action,
and Internet disturbance) that was beyond it’s reasonable
control.
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g) Force Majeure
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No third party shall have any rights to enforce any terms
contained herein.
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h) Entire Agreement
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These Terms constitute the entire agreement between You and
Canstruct concerning the Services and supersede all prior or
contemporaneous communications of any kind between You and
Canstruct with respect to the Services.
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i) Waiver
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No waiver of any provision of these Terms shall be deemed a
further or continuing waiver of such term or any other term, and
Canstruct's failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision.
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j) Attorney Fees
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If the Canstruct Parties take legal action against you as a
result of your violation of these Terms, the Canstruct Parties
will be entitled to recover from you, and you agree to pay, all
reasonable attorneys' fees and costs of such action, in addition
to any other relief granted to the Canstruct Parties.