- Outline your legal rights on Construction Database
- Describe the rules everyone needs to follow when using Construction Database
- Describe how to resolve any disputes that may arise from your use of Construction Database
1. Who are we?
We are Construction Database. When we refer to “Construction Database”, “we”, “us” or “our” in these Terms, we mean ConstructionDatabase.org. Construction Database enables you to search or discover various projects, professionals, contractors or sub-contractors in construction industry (individually and collectively known as “Information”). You may access our Information through our website (“Website”) or mobile application (“App”), collectively known as our “Platforms”.
2. What am I agreeing to?
When we use “I”, “you”, “your” or “user” in these Terms, we refer to anyone who accesses or uses our Platforms. By accessing or using our Platforms, you acknowledge that you have read and understood these Terms, accept these Terms and agree to be bound by them. You also represent and warrant that you have the legal capacity and authority to enter into a contract with us. If you do not agree with (or cannot comply with) these Terms, please discontinue your access and/or use of our Platforms.
3. Your account
3.1 In the course of using our Platforms, you may need to register and maintain a user account with us (“Construction Database Account”). Construction Database Accounts cannot be assigned or transferred to another person. You agree not to register or maintain more than one (1) Construction Database Account at the same time, unless authorised by us. When you register a Construction Database Account with us, you agree to provide and maintain true, current and complete information during registration.
3.2 You are responsible for maintaining the confidentiality of the information and password associated with your Construction Database Account, and also for any and all activities occurring under your Construction Database Account. You must immediately notify us of any unauthorised use of your Construction Database account, password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. To the maximum extent permitted by applicable laws and regulations, we may, at our sole discretion and at any time, refuse registration of a Construction Database Account or cancel an existing Construction Database Account without prior notice or liability.
4. What rules do I need to follow?
Our Platforms are the property of Construction Database. To this end, we grant you a non-exclusive, non-transferable and limited license to access our Platforms to enjoy personal, non-commercial use of our Information in accordance with these Terms. You represent and warrant to us that your access to, and use of, our Platforms is intended only for personal, non-commercial use. You will not use the Platforms for any purpose that is unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use our Platforms to:
(a) resell any information obtained via our Platforms;
(b) pass off or attempt to pass off our Platforms as the product of anyone other than Construction Database, including removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;
(c) interfere with or disrupt our Platforms, or servers or networks connected to our Platforms, including running or activating processes on our Platforms that interfere with their proper working or place an unreasonable load on our Platforms’ infrastructure;
(d) violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other user of our Platforms;
(e) obtain or attempt to obtain unauthorised access, via whatever means, to any of our systems;
(f) disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platforms in whole or in part, or otherwise attempt to obtain or access the source code of our Platforms;
(g) use manual or automated software or processes to extract, export or otherwise scrape any material displayed on our Platforms, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information (“Content”). Such manual or automated software or processes include datamining, scraping, spidering, indexing, storing or rehosting the Content outside our Platforms;
(h) use manual or automated software or processes to create derivative works based on the Content in our Platforms;
(i) abuse, harass, threaten, impersonate or intimidate anyone;
(j) post or transmit, or cause to be posted or transmitted, any material that is libellous, defamatory, obscene, pornographic, abusive, offensive or profane;
(k) post or transmit, or cause to be posted or transmitted, malicious content including malware, Trojan horses, or viruses, or otherwise interfere with any user’s access to our Platforms;
(l) post or transmit, or cause to be posted or transmitted, unsolicited mass mailings or other forms of spam, including junk mail or chain letters;
(m) infringe any rights of any third party, including intellectual property rights or proprietary rights; and
(n) infringe any applicable law, statute, ordinance or regulation.
We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates these provisions, including reporting them to the relevant law enforcement authorities.
5. Content and availability of our platforms
We have compiled all Content displayed on our Platforms in good faith. We may, at our sole discretion and at any time, add, remove or modify any Content on our Platforms without any prior notice or liability, including but not limited to altering their presentation, substance or functionality. We make no guarantees as to the authenticity, accuracy or completeness of any Content on our Platforms, including Content provided by other users. We also make no guarantees that the Content available on our Platforms has not been altered through technical defects or by unauthorised third parties. All Content accessed by you using our Platforms is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstance shall Construction Database be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any Content accessed on our Platforms, including but not limited to any errors or omissions, or, any additions, removals, or modifications that we make on our Platforms. We make no guarantee that our Platforms will always be available or uninterrupted. We will not be liable to you for any loss or damage resulting from any unavailability or interruption of our Platforms or Information.
7. Intellectual property
All intellectual property rights subsisting in respect of our Platforms are owned by Construction Database. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title or interest in or to the intellectual property rights except for the limited licence to use our Platforms and/or our Information granted to you pursuant to these Terms. Our trade or service marks may not be copied, imitated or used, in whole or in part, without prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade or service marks. Other company, product, and service names and logos used and displayed via our Platforms may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Construction Database.
8. Disclaimers & limitations of liability
8.1 Construction Database has no special relationship with or fiduciary duty to you for accessing and using our Platforms, our Content and our Services. We have no control over, and no duty to take any action regarding:
(a) which users gain access to our Platforms;
(b) what Content you access via our Platforms;
(c) what effects our Content may have on you;
(d) how you may interpret or use our Content; and
(e) what actions you may take as a result of having been exposed to the Content.
8.2 We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Platform. We are also not responsible for the availability and quality of your telecommunication reception when accessing or using our Platforms or Services.
8.3 The Platforms, including all Services and Content therein are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable laws and regulations, we disclaim any and all warranties (express, implied or otherwise), including without limitation, warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, that our Platforms are free from interruptions, errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance.
8.4 Without prejudice to the generality of this clause 8 and to the maximum extent permitted by applicable laws and regulations, Construction Database disclaims all liability arising out of or in connection with:
(a) errors or inaccuracies on our Platforms, including without limitation, errors in descriptions, photographs, features, inclusions and exclusions, reviews and ratings and Construction Database reserves the right to correct any errors in information on our Platforms at all times;
(b) legality, decency or propriety of any material contained or accessed through our Platforms, including material on other websites that we may direct you to;
(c) any advertising material submitted by third parties and displayed on our Platforms, including but without limitation, any error, omission or inaccuracy;
(d) any information shown, and the suggestions or recommendations made, about the Services or Content on our Platforms, for any purpose; and
(e) any viruses or other harmful components contained in email that we may send.
8.5 To the maximum extent permitted by applicable laws and regulations, Construction Database will not be liable for any:
(a) loss of actual or anticipated income (whether direct or indirect);
(b) loss of actual or anticipated profits (whether direct or indirect);
(c) loss of contracts or business (whether direct or indirect); or
(d) special, indirect or consequential loss or damage of any kind,
howsoever arising under or in connection with these Terms, even if we have been advised of the possibility of such damages. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms.
9.1 You will defend, indemnify and hold Construction Database, its affiliates, officers, directors, and employees harmless from all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party arising out of or related to:
(a) your access to any of our Platforms;
(b) your use of any of our Information;
(c) your negligence or willful misconduct;
(d) any violation by you of these Terms;
(e) any violation by you of any applicable law, statute, ordinance or regulation;
(f) any infringement or misappropriation by you, or by any other person using your Construction Database account, of the rights of a third party, including without limitation any intellectual property rights or rights of publicity or privacy,
(the “Third Party Claims”).
9.2 We may, if necessary and at our sole discretion, participate in the defense of any claim or action and any negotiations for settlement arising out of or in connection with any Third Party Claim. You will not make any settlement that may adversely affect the rights or obligations of Construction Database without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.
10. Interactions with third parties
10.1 Our Platforms may contain links to, and our Information may be accessible via, third party websites or services (“Third Party Websites”) that are not owned, controlled or maintained by Construction Database. Links to Third Party Websites are provided as a convenience to you as a user of our Platforms, and does not imply the endorsement by us of any information, products, advertising or other materials that can be found on those Third Party Websites. Construction Database will not and cannot monitor, verify, censor or edit the content of any Third Party Website. Construction Database disclaims all liability for any loss, damages or injury arising out of or in connection with the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites.
10.2 When accessing these Third Party Websites, you do so at your own risk. You represent and warrant that you have read and agree to be bound by all applicable policies of these Third Party Websites, whether relating to your use of our Services or otherwise, and that you will act in accordance with those policies, in addition to your obligations under these Terms. Your interactions with these third parties, including but not limited to the purchasing of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third parties. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10.3 Any third party that wishes to establish links to our Platforms should notify Construction Database of their intention prior to doing so. Construction Database may deny permission for any such links to our Platforms. If Construction Database gives its permission for any such links, Construction Database is not under any obligation to establish reciprocal links with the third party.
11. Termination & suspension
11.1 These Terms shall remain in full force and effect while you use our Platforms or Information. Construction Database may modify, suspend or terminate any and all access to the Platforms or Information, including your Construction Database Account, at any time and for any reason, without any notice or incurring any liability to you or any third party.
12.1 Unless otherwise provided in these Terms, Construction Database reserves the right, at its sole discretion and to the maximum extent permitted by applicable laws and requirements, to change or modify any part of these Terms at any time and we will give you reasonable notice of any material changes. Any changes or modification will supersede the previous version, and any additional terms applicable to our Services that may be posted on the page relating to such Services from time to time. You are responsible for reviewing the most current version of these Terms each time you visit our Platforms. Your continued use of our Platforms after such changes or modifications constitutes your acceptance of the revised Terms. The revised Terms will supersede all previous versions of these Terms. If you do not agree to abide by the revised Terms, do not use or access or continue to use or access our Platforms.
13.1 These Terms (and any and all disputes arising out of or in connection with these Terms, including without limitation any alleged breach, or challenge to the validity or enforceability, of these Terms or any provision thereof) will be subject to the laws of the Republic of Singapore. Any and all disputes arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, which will have exclusive jurisdiction in case of any dispute.
13.2 Construction Database shall not be liable for any delay or non-performance of its obligations under these Terms to the extent that it arises from any act or conditions beyond its reasonable control, including but not limited to: any extremely severe weather, landslide, storm, lightning, fire, subsidence, epidemic, earthquake, flood, act of God, outbreak of military hostilities (whether or not war is declared, expropriation by governmental authorities, changes in laws and regulations, failure of third parties (other than subcontractors), embargo, riot, sabotage, strike, demonstration, explosion or civil commotion.
13.3 These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time, constitute the entire agreement and understanding between Construction Database and you in relation to the subject matter of these Terms and supersedes any previous agreement or understanding between Construction Database and yourself in relation to such subject matter.
13.4 Construction Database’s failure to enforce any part of these Terms shall not be considered to be a waiver of them or a waiver of the right to subsequently enforce them. The invalidity or unenforceability of any part of these Terms shall not affect the validity or enforceability of the remaining provisions. Where a court of competent jurisdiction holds a provision to be invalid or unenforceable, whether in whole or in part, that whole or part of the provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
13.5 A person who is not a party to these Terms shall have no right to rely upon or enforce any term of these Terms. These Terms are not assignable, transferable or sub-licensable by you except with Contruction Database’s prior written consent. Construction Database may transfer, assign or delegate these Terms and its rights and obligations without prior notice to you.
13.6 While these Terms have been translated into the local language, the translation is provided for your convenience only and the English language version of these Terms will govern your relationship with us. In the event of any inconsistencies between the English and local language versions, the English version shall prevail to the extent permitted by law and the local language version will be deemed to be amended to confirm with and to make the relevant local law version consistent with the relevant English version.