1.    Terms of Service
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Smart Construction Software PTY LTD, doing business as ConSmart ("ConSmart", “we”, “us”, or “our”), concerning your access to and use of the https://www.consmart.com.au website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Australia and have our registered office at 27/9 Ambrose Avenue Cheltenham VIC 3192. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2.    Intellectual Property Rights
2.1 Ownership of Services and Content
Unless otherwise indicated, ConSmart and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on ConSmart (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Smart Construction Software, or licensed to Smart Construction Software, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on ConSmart “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of ConSmart and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2.2 Limited License
Provided that you are eligible to use ConSmart, you are granted a limited license to access and use ConSmart and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to ConSmart, the Content, and the Marks.

2.3 User Content and Feedback
Users may upload job management related content to ConSmart. While users retain all ownership rights to their uploaded content (“User Content”), by uploading content, users grant ConSmart a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute their User Content in connection with the service provided by ConSmart. If you provide feedback or suggestions regarding ConSmart (“Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve ConSmart and create other products and solutions.

2.4 Aggregated Data
ConSmart owns the aggregated and statistical data derived from the operation of ConSmart and user data, including, without limitation, the number of records in ConSmart, the number and types of transactions, configurations, and reports processed in ConSmart and the performance results for ConSmart (“Aggregated Data”). This data will be used for operational and improvement purposes and may be used to develop new solutions. This information will be handled in a manner that does not personally identify any individual user.

2.5 Third-party Intellectual Property
Certain components of ConSmart may use software and other technology owned and controlled by third parties. Access to or use of third-party materials included in the service may be subject to additional terms and conditions.

3.     Termination
3.1 Termination by ConSmart
ConSmart reserves the right to suspend or terminate the Service and refuse any and all current or future use of the Service at any time for any reason, at our sole discretion, without notice or liability. Reasons for termination may include, but are not limited to:
· Failure to pay any amount due;
· Material breach of these Terms of Service;
· Breach of any term of these Terms of Service that is not remedied within 21 days after notification of the breach;
· Violation of any applicable law or regulation in connection with your use of your account or ConSmart;
· Receipt of a judicial or other governmental demand or order, subpoena, or law enforcement request that requires us to do so;
· Reasonable suspicion that you have accessed or used your account or ConSmart beyond the scope of the rights granted or for an unauthorised purpose or your use is likely to be involved in any fraudulent, misleading, or unlawful activities;
· Insolvency or bankruptcy proceedings initiated against you if you are a corporation, or if you, as an individual, become the subject of bankruptcy proceedings.

3.2 Termination by You
You may cancel your use of the Service at any time. To cancel the Service, please send an email to support@consmart.com.au. Any monthly or yearly charges will not be refunded upon cancellation. Any usage since the last charge will be prorated for the portion of the uncharged month during which the account was active.

3.3 Effect of Termination
Upon termination or suspension of your account, regardless of the reasons: The Subscription and any other licenses granted in accordance with these Terms of Service will also terminate, and you must cease using ConSmart and any associated documentation.Access to your account will be terminated simultaneously. You must immediately cease accessing and otherwise utilizing ConSmart. You must delete all software installed on any device and, if requested, return and make no further use of any documentation and other items (including all copies) belonging to us.You remain obligated to pay any fees accrued or amounts due and payable to ConSmart.

3.4 Data Handling Post-Termination
You are responsible for exporting or backing up your data prior to termination. ConSmart will not provide copies of your data post-termination. We will retain your data as legally required and are not obligated to remove copies from our backup media and servers until such time as the backup copies are scheduled to be deleted. However, in all cases, ConSmart will continue to protect your data in accordance with these Terms of Service.

3.5 No Refunds
Except where these Terms of Service are terminated as a result of a material breach by ConSmart or as required by law, you are not entitled to any refund of all or part of the fees paid. On termination, ConSmart is entitled to retain all fees and amounts paid by you, whether in advance under an annual subscription or other subscription plan. For the avoidance of doubt, ConSmart is entitled to any remaining monthly payments under an annual subscription paid monthly.

3.6 Remedies
If ConSmart terminates these Terms of Service as a result of an uncured breach by you, ConSmart is entitled to exercise any of its legal rights against you in accordance with these Terms of Service or take reasonable action to remedy the uncured breach. Upon application of any remedies, you may lose access or suffer a loss of certain features, functions, parts, or elements of ConSmart.

3.7 Third-Party Harm
If ConSmart has reasonable grounds to believe that your use of ConSmart may harm any third persons, ConSmart has the right to take adequate measures under its control to prevent, stop, and eliminate the harm, where possible, in order to protect those third persons.

4.     Prohibited Activities
By using ConSmart, you are expressly prohibited from engaging in activities that we deem to undermine the integrity and functionality of our service. It is forbidden to systematically retrieve data or content from ConSmart to create or compile, directly or indirectly, any collection, compilation, database, or directory without prior written permission from us. You may not trick, defraud, or mislead us and other users, particularly in attempts to learn sensitive account information such as user passwords. Interfering with the security-related features of ConSmart, including those that prevent or restrict the use or copying of any content or enforce limitations on the use of ConSmart, is strictly prohibited.You must not disparage, tarnish, or otherwise harm, in our opinion, us and/or ConSmart. Using any information obtained from ConSmart to harass, abuse, or harm another person, or to make improper use of our support services or submit false reports of abuse or misconduct, is prohibited. ConSmart must be used in compliance with all applicable laws and regulations, and engaging in unauthorized framing of or linking to ConSmart is not allowed.You are also prohibited from uploading or transmitting any form of malware or engaging in spamming that interferes with any party’s uninterrupted use and enjoyment of ConSmart or that modifies, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of ConSmart. The use of automated systems, such as scripts to send comments or messages, or any data mining, robots, or similar data gathering and extraction tools on ConSmart is forbidden. Altering or deleting any copyright or proprietary rights notices from content accessed through ConSmart, or attempting to impersonate another user or person or using the username of another user, is not allowed. Furthermore, you must not upload or transmit any material that acts as a passive or active information collection or transmission mechanism. Interfering with, disrupting, or creating an undue burden on ConSmart or the networks or services connected to ConSmart is strictly prohibited. Harassing, annoying, intimidating, or threatening any ConSmart employees or agents engaged in providing any portion of ConSmart to you will not be tolerated.Attempting to bypass any measures of ConSmart designed to prevent or restrict access to the service, copying or adapting ConSmart’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, or reverse engineering any part of ConSmart, is prohibited. Using, launching, developing, or distributing any unauthorized script or other software, using a buying agent or purchasing agent to make purchases, making any unauthorized use of ConSmart, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses, or using ConSmart as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise are all prohibited actions.Lastly, sharing your ConSmart login with other users, using ConSmart to advertise or offer to sell goods and services, and selling or otherwise transferring your profile are all activities that are expressly prohibited under these terms.By accessing or using ConSmart, you accept these restrictions and acknowledge that any violation may result in the immediate termination of your access to ConSmart and its services.

5.     Third-Party Websites and Content
ConSmart may contain links to third-party websites, services, or content that are not owned or controlled by Smart Construction Software (“Third-Party Materials”). You acknowledge and agree that Smart Construction Software has no control over and assumes no responsibility for the Third-Party Materials. We make no warranties or representations regarding Third-Party Materials and will not be liable for any loss or damage caused by your use of or reliance on such Third-Party Materials. Your use of Third-Party Materials is at your own risk, and you should review the terms and conditions and privacy policies of any third-party websites or services that you visit.If you enable third-party applications for use in conjunction with ConSmart, you acknowledge that we may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with ConSmart. We will not be responsible for any disclosure, modification, or deletion of your data resulting from any such access by third-party application providers.By using ConSmart, you agree that Smart Construction Software is not responsible or liable for any issues arising from your interaction with Third-Party Materials, including any loss or damage incurred. It is your responsibility to take precautions to ensure that whatever links you select or software you download (whether from ConSmart or third-party websites) are free of viruses, worms, trojan horses, defects, and other items of a destructive nature.

6.     Privacy Policy
‍We care about data privacy and security. Please review our Privacy Policy for detailed information on how we handle your data. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in Australia. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Site, you are transferring your data to Australia, and you agree to have your data transferred to and processed in Australia.

7.     Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of ConSmart at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.We cannot guarantee ConSmart will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to ConSmart, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify ConSmart at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use ConSmart during any downtime or discontinuance of ConSmart. Nothing in these Terms of Use will be construed to obligate us to maintain and support ConSmart or to supply any corrections, updates, or releases in connection therewith.

8.     Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Australia. Smart Construction Software and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms of Service.

9.     Dispute Resolution
‍You agree to irrevocably submit all disputes related to these Terms or the legal relationship established by this Agreement to the jurisdiction of the Australian courts. Smart Construction Software PTY LTD, doing business as ConSmart, shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.In the event of any complaint, dispute, or claim arising out of your use of our website, our Solution, or any associated services, the claim shall be resolved in accordance with the following procedure:
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‍Negotiation: You and ConSmart will attempt in good faith to negotiate a written resolution of the matter directly between the parties.
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‍Legal Proceedings: If the parties are unable to resolve the dispute through negotiation, then they shall be free to pursue their respective remedies in accordance with applicable law or this Agreement.By agreeing to these Terms, you acknowledge that you are waiving your right to participate in any class action or other collective proceedings against ConSmart. You also agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action

10.  Disclaimer
ConSmart is provided on an "as-is" and "as-available" basis. Your use of ConSmart and our services is at your sole risk. To the fullest extent permitted by law, Smart Construction Software disclaims all warranties, express or implied, in connection with ConSmart and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of ConSmart’s content or the content of any websites linked to ConSmart, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of ConSmart, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from ConSmart, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through ConSmart by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via ConSmart.We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through ConSmart, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.To the fullest extent permitted by law, ConSmart and all related components and information are provided on an “as-is” and “as-available” basis without any warranties of any kind, and Smart Construction Software expressly disclaims any and all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose, performance, and non-infringement. Smart Construction Software does not warrant that ConSmart will meet your needs or that ConSmart will be uninterrupted, timely, secure, or error-free. Smart Construction Software is not responsible for and disclaims all liability related to delays, delivery failures, interception, alteration, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile, and personal computing devices, transmission of electronic communications over the internet or other networks, and third-party hosting service providers.Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Smart Construction Software does not warrant that ConSmart will be compatible with all devices or that ConSmart will be secure. If ConSmart is accessed through a mobile device, your wireless service carrier may charge applicable data rates and related fees. No part of ConSmart is intended to constitute advice, and the content on ConSmart should not be relied upon when making any decisions or taking any action of any kind.

11.  Limitations of Liability
To the fullest extent permitted by law, in no event will Smart Construction Software or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of ConSmart, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.To the fullest extent permitted by law, in no event will Smart Construction Software be liable to you for any indirect, incidental, special, consequential, reliance, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, ConSmart or software or content on ConSmart, as well as any loss or damage of data, whether arising in contract, tort, or otherwise, even if we have been advised of the possibility of such loss or damage. Nothing in these Terms will exclude, limit, or restrict our liability for death or personal injury resulting from our negligence or the negligence of our officers, agents, employees, or subcontractors; fraud or fraudulent misrepresentation; or any other matter in respect of which liability cannot by applicable law be limited.Our liability to pay any damages to you will be reduced proportionately to the extent that any such damages relate to the provision of information to us by you, your failure to provide information to us punctually or at all, or any fraudulent act, misrepresentation, or willful default on your part and any Force Majeure event.ConSmart does not and cannot control the flow of data via the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt the internet. We will use commercially reasonable efforts to remedy and avoid such events, but we cannot guarantee that such events will not occur. Accordingly, we disclaim any liability resulting from or relating to such events.In no event will Smart Construction Software’s aggregate liability arising out of or in connection with these Terms and your use of or inability to use ConSmart exceed the amount paid by you to Smart Construction Software. Your sole and exclusive right and remedy in case of dissatisfaction with ConSmart or any other grievance shall be your termination and discontinuation of access to or use of ConSmart.Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability for incidental or consequential damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12.  Indemnification
12.1 Indemnification by You
You agree to defend, indemnify, and hold Smart Construction Software, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees (collectively, the “ConSmart Indemnified Parties”), harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of ConSmart; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of ConSmart with whom you connected via ConSmart. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

12.2 Indemnification by ConSmart
ConSmart will indemnify, defend, and hold you, your affiliates, and their employees, officers, and directors (collectively, the “Customer Indemnified Parties”) harmless from and against any liabilities, damages, costs (including settlement costs and reasonable attorneys’ fees) arising out of any third-party claim against the Customer Indemnified Parties to the extent that such claim is based on an allegation that ConSmart infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will ConSmart have any obligations or liability under this section arising from: (i) your use of ConSmart other than as permitted under these Terms; or (ii) use of ConSmart in a modified form or in combination with products, services, content, or data furnished by you or third parties.

12.3 Potential Infringement
If ConSmart becomes, or in our reasonable judgment is likely to become, subject to a claim of infringement, then we may, in our sole discretion: (a) obtain the right, at our expense, for you to continue using ConSmart; (b) provide a non-infringing functionally equivalent replacement; or (c) modify ConSmart so that it is no longer infringing. If we determine that none of the above options are commercially reasonable, we may suspend or terminate your use of ConSmart, in which case our sole liability (in addition to our obligations under this section) shall be to provide you with a prorated refund of any prepaid, unused fees applicable to the remaining portion of the subscription term. This section states our sole liability and your exclusive remedy for infringement claims.

12.4 Indemnification Process
The party seeking indemnification must provide prompt notice to the indemnifying party concerning the existence of an indemnifiable claim and must provide the indemnifying party with all information and assistance reasonably requested and otherwise cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice does not constitute a waiver of a party’s right to indemnification and shall affect the indemnifying party’s obligations under these Terms only to the extent that the indemnifying party’s rights are materially prejudiced by such failure or delay. The indemnifying party shall have full control and authority over the defense of any claim. However, any settlement requiring the party seeking indemnification to admit liability or make any financial payment shall require such party’s prior written consent.

13.  Miscellaneous
These Terms of Service and any policies or operating rules posted by us on ConSmart constitute the entire agreement and understanding between you and Smart Construction Software. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and Smart Construction Software as a result of these Terms of Service or use of ConSmart. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.We may amend the terms of these Terms of Service from time to time. Any such changes will become effective when posted on our website. We will send you an email to your nominated email address notifying you of the changes. If you object to any such changes, your sole recourse will be to cease using ConSmart and terminate these Terms of Service. Continued use of ConSmart following any changes to the terms of these Terms of Service and notification to your email will indicate that you acknowledge the changes and you agree to be bound by the revised Terms of Service, including such changes.In the event of any inconsistency between these Terms of Service and any other agreement with Smart Construction Software, the terms of these Terms of Service shall prevail. These Terms of Service constitute the entire agreement of the parties and supersede and cancel all previous and contemporaneous written and oral agreements, communications, and other understandings relating to the subject matter hereof.The failure to exercise or delay in exercising a right or remedy provided to a party under these Terms of Service shall not constitute a waiver of that right or remedy, and no waiver by a party of any breach of these Terms of Service shall constitute a waiver of any subsequent breach of the same or any other provision.If any provision or part of a provision of these Terms of Service is found to be unenforceable or invalid in any jurisdiction, that provision or part of the provision (as the case may be) will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect. Invalidity or unenforceability in one jurisdiction shall not affect validity or enforceability in any other jurisdiction.The headings in these Terms of Service are for ease of reference and are not to be deemed to be part of these Terms of Service or to be taken into consideration in the interpretation or construction of these Terms of Service. No term of these Terms of Service is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Terms of Service.No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Smart Construction Software in any respect whatsoever. Any person, entity, or party who is not a party to these Terms of Service has no right to enforce or to enjoy the benefit of any term of these Terms of Service.You permit Smart Construction Software to use your name and logo in press releases, lists, marketing materials, financial reports, and on its website indicating that you are a client of Smart Construction Software, and you agree that Smart Construction Software may use its name and logo in such a manner.You may not assign, novate, or otherwise transfer any of your rights or obligations in accordance with these Terms of Service, whether by operation of law or otherwise, without the prior written consent of Smart Construction Software (which will not be unreasonably withheld). Any attempt by you to assign, novate, or otherwise transfer your rights or obligations under these Terms of Service in breach of this clause shall be void and of no effect. Smart Construction Software may assign, novate, or transfer all of its rights or obligations under these Terms of Service without consent to any of its affiliates and otherwise in connection with a sale or other transfer of all or substantially all of the business or assets of Smart Construction Software to which these Terms of Service relate, whether by way of sale of stock or assets, operation of law, or otherwise. Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.By using ConSmart, you consent to receiving certain electronic communications from us as further described in our privacy policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.All notices under these Terms of Service shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first-class mailing; or (iii) the second business day after sending by email with electronic confirmation of receipt. Notices to Smart Construction Software shall be addressed to ‘The Director’ at support@consmart.com.au. Notices to you shall be sent to the email address or contact details you have nominated. Each party may modify its recipient of notices by providing notice pursuant to these Terms of Service.Smart Construction Software shall not be liable to you for any delay or failure to perform any obligation under these Terms of Service if the delay or failure is due to events which are beyond the reasonable control of Smart Construction Software, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions, interruption or failure of the Internet or any utility service, failures in third-party hosting services, and denial of service attacks. Smart Construction Software shall be relieved from its obligations (or part thereof) as long as such events last and hinder the performance of said obligations (or part thereof). Smart Construction Software shall promptly notify you and make reasonable efforts to mitigate the effects of such events.