Terms and Conditions

The terms and conditions outline the rules and regulations for the use of SoftConstruct's Website, located at softconstruct.com

Last Modified Date: July 22, 2022

This Terms of Use (the “Terms”) is a legally binding agreement between the user (the “User” or “you”) of this Website and Soft Construct Limited, a Malta corporation with its principal place of business at Luxe Pavilion, 2nd level, Diamonds International Building, STJ 4010 - Portomaso, St. Julians, Malta (the “Soft Construct”, “we” or “us”).

By using the Website, you acknowledge that you have read, understood, and agreed to be bound by the Terms. If you do not agree with the terms of this Terms, you must not accept this and may not use the Website. You acknowledge that this Terms is a contract between you and Soft Construct, even though it is electronic and is not physically signed by you, and it governs your use of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE.

WEBSITE

Website; Update: The “Website” means www.softconstruct.com include all updates, modifications, and enhancements that Soft Construct made generally available. All updates and changes shall be subject to the Terms.
Third Party Sites; Services; and Products: The Website may refer or link to third-party sites, products or services. Certain third-party sites (the “Third Party Sites”) to which we link are provided to you for your convenience only and are not under our control. We are not responsible for monitoring any transaction between you and any such Third Party Sites and do not warrant, endorse, guarantee, or assume responsibility for them. We may also use third-party services and products (the “Third Party Services and Products”), including, but not limited to, information and communication services, analytics services, mapping services, internet advertising platforms, and advertising service providers. Your use of Third-Party Services and Products may be subject to such third party’s terms of service to be accepted by you prior to your use of such Third-Party Services and Products.

USE OF WEBSITE

Visitors/Users: You can visit the Website in a visitor (non-registered) capacity. Subject to the Terms, Soft Construct hereby grants you permission to access and use the Website in accordance with. You represent and warrant that: (a) all registration information you submit is truthful and accurate (if any); (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age or the other minimum age provided under the law of your residence country and have the capacity and authority to enter into this Terms; and (d) your use of the Website does not and will not violate any applicable law or regulation.
Restrictions: You may not, directly or indirectly, (a) use the Website for any purpose or in any manner that is unlawful (including without limitation in violation of any data, privacy, anti-bribery or export control laws) or is prohibited by this Terms; (b) read or attempt to read or derive the source code of the Website or the software underlying the Website (except as permitted by law); (c) work around any technical limitations in the Website; (d) interfere or attempt to interfere with or disrupt the integrity, security, functionality or performance of the Website or its components; (e) modify, translate, adapt, create or attempt to create any derivative works of the Website; (f) access the Website to build a similar or competitive work; (g) hack or otherwise attempt to gain unauthorized access to the Website or its related systems or networks; or (h) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
Suspension: Soft Construct reserves the right to monitor compliance with this Terms. We may, without prejudice to our rights under this Terms or applicable law, suspend your use of the Website if (a) Soft Construct determines in good faith that your use of the Website violates any applicable law, the Terms or the rights of any third party; (b) we are prohibited by court order or order of another governmental authority from providing access to the Website; or (c) we reasonably determine that the Website is being used for any abusive, illegal or fraudulent activity or that the Website is subject to a security incident, denial of service attack, or other event that impacts the security thereof. Such suspension may apply to specific jurisdictions, lines of business, or a group of users.
Privacy: By using the Website, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy, which forms an integral part of this Terms. You acknowledge that the Website have not been designed to process or manage sensitive information and you agree not to use the Website to collect, manage or process sensitive information. We will not have, and we specifically disclaim, any liability that may result from your use of the Website to collect, process or manage sensitive information.

WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

Disclaimer: EXCEPT WHERE PROHIBITED BY LAW, THE WEBSITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE IS LINKED. THIS TERMS WILL NOT LIMIT ANY NON-WAIVABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE.
Limitation of Liability: You waive all special, indirect and consequential damages against us. You understand and agree that if you do not agree to this limitation of liability, you would not have an access to the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
Warranty And Disclaimer With Regard To Third-Party Sites; Third-Party Services; and Products: Soft Construct and its affiliates disclaim any liability with respect to any Third Party Sites and any Third-Party Services and Products that you use.

INDEMNITY

You agree to defend, indemnify and hold harmless Soft Construct and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your breach or other violation of this Terms; (b) your use of and access to the Website; or (c) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary rights. This defense and indemnification obligation will survive the termination of this Terms and your use of the Website. Soft Construct reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Soft Construct’s defense of such matter.

MISCELLANEOUS

Confidentiality: All confidential information disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated in writing as confidential (the “Confidential Information”) will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind, but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Term or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is (a) publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality; (b) rightfully obtained by Receiving Party from third parties, not under the obligation of confidentiality; or (c) independently developed by Receiving Party as evidenced by written documentation. If the Receiving Party is requested pursuant to a court or government order to disclose Confidential Information, the Receiving Party will give the Disclosing Party written notice (if not legally prohibited from doing so) sufficient to enable the Disclosing Party to seek a protective order and the Receiving Party will cooperate with the Disclosing Party in such effort.
Force Majeure: We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Governing Law And Jurisdiction: If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom, this Terms is governed by the laws of England and Wales and the jurisdiction and venue shall be London, the United Kingdom. If you are located within North America, South America, or in a country other than in the EEA, Switzerland, or the United Kingdom, this Terms is governed by the laws of the Commonwealth of state of California, USA, and jurisdiction and venue shall be the Commonwealth of state of California. Governing law is without regard to any conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Terms.
Entire Agreement: This Terms is the entire agreement between you and Soft Construct concerning your use of the Website and supersedes all other proposals and agreements, whether in oral, written or electronic form.
Changes: WE MAY CHANGE THE TERMS OF THIS TERMS FROM TIME TO TIME BY POSTING THE UPDATED TERMS ON THE WEBSITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS TERMS AT ANY TIME AT TERMS AND CONDITIONS PAGE OR A SUCCESSOR URL THAT WE MAY DESIGNATE. THE REVISED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER WE POST THE UPDATED TEXT ON THE WEBSITE. IF YOU USE THE WEBSITE AFTER SUCH DATE, SUCH USE WILL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
Languages: You agree that this Terms is written in the English language and that the English language version of this Terms and any related document shall prevail. Notwithstanding the foregoing, if you are in a country whose laws require that contracts be in the local language in order to be enforceable, then the version of this Terms that governs is the local language version that is produced by Soft Construct within a reasonable time following your written request to us.
No Waiver: No failure or delay by Soft Construct to exercise any right or remedy will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Severability: If any provision of this Terms is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Terms or affect the other provisions which are valid.