SECTION A: INTRODUCTION AND PRELIMINARY TERMS

  1. Welcome

    1. Welcome to Construo. Our website (located at www.construo.io (Site or the Construo Platform), is owned and operated by Construction Helper Ltd (we, our or us, as applicable). For further information about us and our contact details, please see the contact information at the end of these Terms.

    2. These Terms of Use (Terms) govern your use of the Construo Platform.

    3. The Construo Platform is available to businesses and tradespeople only. You are a business or tradesperson if you are a person acting mainly for purposes relating to your trade, business, craft or profession.

    4. These Terms are organised into 3 sections. Those in Section B will apply to you if you post any user generated content on the Construo Platform (e.g. posting questions and answers to questions). Those in this Section A and in Section C apply to all Construo Platform users, including those who just visit, use or browse the Construo Platform (Visitors).

    5. Please read these Terms carefully before you start to use the Construo Platform, as these will apply to your use of the Construo Platform. We recommend that you print or save a copy of these Terms for future reference.

    6. By accessing or using the Construo Platform, you confirm that you accept these Terms and that you agree to comply with them.

    7. We take your privacy seriously. If you would like to find out more about how we process personal information that we collect about you through the Construo Platform, please see our Privacy Policy and for information on how we use cookies and similar technologies in connection with the Construo Platform, please see our Cookie Policy.

    8. We may revise these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. For further information regarding when and how changes we make may take effect, please see paragraph 16 of these Terms.

    9. If you have any queries or concerns regarding these Terms, please contact us using the details at the bottom of these Terms.

  2. Accessing and using the Construo Platform

    1. Anyone can access the Construo Platform using an internet connection via a web browser or other similar software application. However, if you want to ask and respond to questions, share knowledge, best practice, advice and lessons learnt across all sectors of the construction industry and access certain other features or functionality of the Construo Platform, you will need to sign up and create an account. To create an account, please go to the Create Account page.

    2. We try to make the Construo Platform available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.

  3. Account registration

    1. You can sign up and create your account on the Create Account page.

    2. If you change any of your registration details (e.g. your email address), you must update your account.

    3. To help us maintain the security of the Construo Platform, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, you must inform us immediately by using the contact information at the bottom of this page.

    4. If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms we may terminate or suspend your registration and/or access to the Construo Platform.

    5. You can close your account at any time.

    6. We reserve the right to delete your account and any personal data or other information associated with your use of the Construo Platform if there is no activity on your account for more than 36 consecutive months.

section B: Your User Generated Content

  1. Submitting content to the Construo Platform

    1. The Construo Platform is a ‘questions and answers’ platform allowing individuals who work or have an interest in construction to: (a) ask and respond to questions, share knowledge, best practice, advice and ‘lessons learnt’ across all sectors of the construction industry (Questions and Shared Knowledge); and (b) interact with Questions and Shared Knowledge and other content on the Construo Platform (e.g. by ‘rating’ or ‘liking’ questions) (Interactions).

    2. Any Questions and Shared Knowledge, Interactions, images or text which you post, publish, contribute or otherwise submit to the Construo Platform (user generated content or UGC) must comply with these Terms.

    3. You own any and all copyright in the UGC. However, when you post such content, you hereby grant us and any third parties we authorise perpetual, unlimited, non-terminable, free permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, exploit, communicate to the public and to make your UGC available, in each case, in any form and/or by any media, transmission or channel (whether now known or hereafter devices), whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to: (a) make your UGC available through the Construo Platform to other users and Visitors of the Construo Platform; and (b) allow any third party authorised by us to reproduce, display, publish, communicate, perform and/or embed your UGC on their platforms, including their websites and applications.

    4. We may (but are not obliged to) monitor Questions and Shared Knowledge or other UGC on the Construo Platform. If you observe any UGC which you believe does not comply with these Terms, please either: (i) report that UGC to us by clicking on the relevant ‘Report’ link nearby; or (ii) contact us using the contact details at the end of these Terms, so that we can review the UGC concerned and take any action, as necessary.

    5. Our interpretation of the Terms and our decision as to whether or not to remove any reported UGC is within our sole discretion. You understand and agree that if we choose not to remove any reported UGC that you find objectionable, that decision will not constitute a breach of these Terms.

    6. Whilst we have no obligation to do so, we reserve the right to actively review, moderate and delete any UGC (or portion thereof) that we believe, in our sole discretion, violates these Terms and/or that we deem inappropriate.

    7. You may not:

      1. distribute any UGC which contains any confidential information;

      2. distribute or post any messages in relation to a dispute about any decision we make concerning your conduct under these Terms;

      3. distribute or post spam, in particular by sending unsolicited marketing messages or other messages to anyone, or submit or post chain letters or pyramid schemes;

      4. post or transmit any advertisements for, or solicitations of, business;

      5. except as permitted under these Terms, copy, modify or distribute our content or trade marks, or any content or trade marks owned by a third party or other users of the Construo Platform, unless you have their explicit permission;

      6. impersonate another person or otherwise misrepresent your affiliation with a person or entity;

      7. post any UGC that you know is false or misleading or that does not reflect your honest opinion and experience; or

      8. engage in any other conduct that restricts or inhibits any other person from using or enjoying any area of the Construo Platform, or which, in our judgment, exposes us to any liability or detriment of any type.

    8. You agree to ensure that:

      1. your UGC does not contain any personal data about any person unless you have obtained their prior permission to do so. This includes any information that could potentially identify an individual such as their name, date of birth, email or home address, information about their job or their job performance, any contact information or any sensitive information (e.g. regarding their ethnic background or their religious beliefs). You must never include any personal data about children (i.e. individuals under the age of 18), whether your own or of others, in any of your UGC;

      2. all UGC posted by you is lawful and not defamatory, libellous, fraudulent, untrue, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress or intended to incite hatred;

      3. after receiving a warning, you do not continue to post or submit comments that would result in the same or a similar warning or that are off-topic; and

      4. any UGC you submit or post is not in breach of any copyright of other intellectual property laws. In the case of any content that you do not own, you agree to ensure that you have permission from the intellectual property owner to use and to permit its use as contemplated by these Terms and by any third parties that we may authorise under these Terms.

    9. We reserve the right to:

      1. investigate a claim that any one or more communication does not conform to these Terms and determine in our sole discretion what action to take in respect of such communication;

      2. delete, without notice, your UGC and any other communication which are abusive, disruptive or illegal, or that otherwise fail to confirm with these Terms;

      3. suspend or terminate your account. The length of suspension may vary depending on the reasons of the suspension;

      4. monitor, edit or disclose any communication to the Construo Platform;

      5. edit or remove any communications on the Construo Platform, regardless of whether such communications breach these Terms;

      6. report you to law enforcement, regulatory authorities or administrative bodies and/or

      7. take legal action against you in respect of any UGC you post, publish, contribute or otherwise submit to the Construo Platform.

  2. Liability in relation to UGC

    1. We provide the Construo Platform in good faith, but we do not warrant the truth, accuracy, integrity, quality or completeness of the information, UGC or other content or postings that appear on the Construo Platform and you should not rely on them being accurate, truthful or complete.

    2. To the fullest extent permissible under applicable law we disclaim any and all promises, warranties, conditions, or representations relating to the UGC. In particular:

      1. we are not responsible for verifying the ownership of any content posted or uploaded onto the Construo Platform; and

      2. any UGC, including the posting of comments or information on the Construo Platform (other than content that we publish) is the opinion of the person posting only and in no way reflects our opinions, views or attitudes, nor constitutes any form of recommendation, professional advice, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.

    3. We will not be responsible or liable for any form of direct, indirect, consequential or special loss in connection with your UGC or any other users’ UGC including any direct or indirect loss of profits, revenue, business, data, opportunity, goodwill, reputation and/or business interruption.

    4. By posting any UGC on the Construo Platform you promise to us and to other users that:

      1. you either own any copyright and/or other intellectual property rights in that content or that you have obtained the necessary right(s) to make the UGC available through the Construo Platform (or, where, applicable, the right to embed or link to that content) in accordance with these Terms and to permit its use via the Construo Platform or in any other way permitted under these Terms; and

      2. you will not, by contributing that UGC, be: (i) infringing anyone’s rights, including any confidentiality, intellectual property or data protection rights; (ii) violating these Terms; and (iii) breaching any law or regulation (including applicable data protection law).

    5. You agree that you are solely responsible for any and all UGC that you post on the Construo Platform and that by posting UGC to the Construo Platform you may expose yourself to liability if your UGC violates applicable law or any third party right.

section c: General provisions

  1. Promises, liability and disclaimer

    1. PLEASE NOTE: THE INFORMATION, CONTENT AND OTHER MATERIALS ON THE CONSTRUO PLATFORM (INCLUDING ALL UGC) IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT IN ANY WAY CONSTITUTE PROFESSIONAL ADVICE OR INSTRUCTIONAL MATERIAL. YOU SHOULD NOT RELY ON ANY OF THE INFORMATION ON THE CONSTRUO PLATFORM. IF YOU WISH TO CARRY OUT ANY CONSTRUCTION ACTIVITIES YOU SHOULD SEEK INDEPENDENT ADVICE (INCLUDING LEGAL OR CONSTRUCTION/DIY RELATED ADVICE, AS APPROPRIATE) FROM A SPECIALIST ADVISOR.

    2. The Construo Platform is provided on an "as is" and “information only” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Construo Platform and its content (including any UGC), whether express, implied, oral or written. In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Construo Platform and you should not rely on it being accurate, truthful or complete.

    3. By using the Construo Platform you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Construo Platform, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly, except to the extent required by our data protection and other legal obligations:

      1. we do not make any promises about the availability or accessibility of the Construo Platform or promise that your access to the Construo Platform, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free;

      2. we are not responsible for any data or information uploaded by any users or Visitors including any content posted, uploaded or published on the Construo Platform except to the extent required by data protection and other obligations under the law. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Construo Platform and we strongly recommend that you do so; and

      3. we make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from software you use to download the content, the Construo Platform or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Construo Platform is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

    4. We will not be responsible or liable to any Visitors using the Construo Platform for:

      1. any form of indirect, consequential or special loss; or

      2. any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.

    5. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:

      1. for death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation; or

      3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.

    6. If we are found to be liable, our total liability in respect of all claims made against us in connection with these Terms (other than those mentioned in paragraph 6.5) is as follows:

      1. to the extent that such claims relate to any UGC submitted to or posted on the Construo Platform, our maximum liability shall be £100; and

      2. in relation to any claims not mentioned above in this paragraph 6.6, our liability shall be limited to £100.

  2. Suspension and termination

    1. We will determine, in our sole discretion, whether there has been a breach of these Terms, in whole or in part, through your use of the Construo Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.

    2. Failure to comply with these Terms constitutes a material breach of these Terms on which you are permitted to use the Construo Platform and may result in our taking all or any of the following actions:

      1. immediate, temporary or permanent withdrawal of your right to use the Construo Platform;

      2. immediate, temporary or permanent removal of any posting or material uploaded by you (including UGC) to the Construo Platform;

      3. issue of a warning to you;

      4. issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      5. issue further legal action against you; and

      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

  3. Your obligation to indemnify us

You agree only to use the Construo Platform in accordance with these Terms. You agree that you will indemnify and keep indemnified us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Construo Platform or any liability we incur as a result of the use of the Construo Platform by you or any other person that uses your account as a result of your negligence).

  1. Our content

    1. Except for any UGC and other third party owned photos, logos or trade marks displayed or made available on the Construo Platform, all of the content on the Construo Platform is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.

    2. All references in these Terms to ‘content’ includes any information or other material found on or via the Construo Platform, including without limitation text, databases, graphics, videos, software and all other features found on or via the Construo Platform.

    3. We make the Construo Platform and our content available through the Construo Platform for your personal, non-commercial use only. You may view the Construo Platform’s pages and content online and may print a copy of these Terms and store such Terms in electronic form on your computer for your records, provided you keep intact any and all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Construo Platform other than as expressly permitted under these Terms without our prior written consent.

    4. You are not in any circumstances permitted to:

      1. make commercial use of any content on the Construo Platform;

      2. duplicate, copy or re-sell any, all or part of the Construo Platform in contravention of the provisions of our Terms;

      3. adapt, vary, edit, modify, translate or transpose, in part or in whole, any of the content on the Construo Platform;

      4. scrape, harvest, mine, retrieve, index, meter or otherwise gather by electronic means any data or other content from the Construo Platform whether through the use of bots, crawlers, robots, spiders, automatic devices, programs or otherwise;

      5. use the content to compile a database of, or re-create the whole or substantial part of the content by making repeated and systematic copies of insubstantial parts of, any of the content;

      6. alter, modify or circumvent or attempt to circumvent, any copy protection and/or digital rights management measures within the Construo Platform or its content, including any watermarks;

      7. interfere with or disrupt the Construo Platform or servers or networks connected to the Construo Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Construo Platform; or

      8. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

    5. No permission is given in respect of the use of any of our trade marks or brands, and any such use may constitute an infringement of the holder’s rights.

  2. General prohibitions on access and use of the Construo Platform

    1. You may use the Construo Platform only for lawful purposes. You may not use the Construo Platform:

      1. in any way that breaches any applicable local, national or international law or regulation;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or

      3. to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  3. Links

    1. You acknowledge that the Construo Platform may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability. We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.

    2. If you decide to access any of these third-party websites, you do so entirely at your own risk.

    3. If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.

    4. You may only link to the Construo Platform provided that:

      1. the Construo Platform is not loaded into frames on the site you’re linking from, unless we expressly agree; and

      2. your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business.

    5. We reserve the right to withdraw linking permission at any time without prior notice.

  4. Copyright complaints

    1. We respect the intellectual property rights of others, and we prohibit users of the Construo Platform from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.

    2. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided at the bottom of these Terms, or by reporting the content by clicking the applicable ‘Report’ link nearby.

    3. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyright.

    4. Content hosted on third-party websites accessible from the Construo Platform is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

  5. General complaints and questions

If you have any complaints or questions please contact us via email or by post using the contact information at the end of these Terms.

  1. Written communications

When using the Construo Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Construo Platform. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

  1. General

    1. Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms.

    2. Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.

    3. Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.

    4. References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.

    5. You may not transfer your rights under these Terms to someone else. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

    6. We may transfer our rights and obligations under these Terms to someone else. We may assign, novate or otherwise transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.

    7. Waiver. If you breach these Terms and we choose to ignore your breach or violation, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

    8. Electronic Commerce (EC Directive) Regulations 2002 (ECRs). You agree that we are not required to comply with the requirements set out in regulations 9 or 11 of the ECRs.

    9. Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.

    10. Language. The Terms and any contract between us will be concluded in English.

    11. Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. Any disputes or claims arising shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  2. Changes to these Terms

We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Construo Platform. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Construo Platform, whichever is the earlier. If you continue to use the Construo Platform after that period has expired, it means that you accept any such changes.

  1. Contact us

The Construo Platform is owned by: Construction Helper Ltd

Registered company number: 11646334

Registered address: 1 Market Street, Whaley Bridge, High Peak, Derbyshire SK23 7AA

VAT registration number: 307996071

Email address: helpdesk@construo.io

Postal address: 1 Market Street, Whaley Bridge, High Peak, Derbyshire SK23 7AA