These Terms and Conditions are in effect at all times while you are using the Website. By using the Website or using Our Services, you agree to the Terms and Conditions. Please read them carefully.
- OUR WEBSITE
2.1 While we take all reasonable care in the construction, operation and content of the Website, we make no guarantee or warranty that:
- 2.1.1 the use of the Website will be uninterrupted or virus and error free;
- 2.1.2 any information contained in the Website is complete, accurate or up to date.
2.2 Where the Website contains opinions or advice of third parties, we do not endorse those opinions or advice or give any guarantee or warranty as to the accuracy or reliability of those opinions or advice.
2.3 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other Website linked to the website.
2.4 Access to the Website may be terminated at any time by us without notice.
- NO ADVICE
3.1 buildingquote.com.au is not acting as a contractor or agent and is not responsible for:
- 3.1.1 the quality or validity of the items or content posted or expressed (whether verbal, written or implied) by any third party or Member or Builder on buildingquote.com.au;
- 3.1.2 the ability of Builders or businesses to provide serves or the ability of Members to buy services;
- 3.1.3 the quality, safety or legality of work performed by Builders.
3.2 We will not be involved or held liable for any agreement or disagreement between Member and Builder.
3.3 We make no representation or recommendation about the quality, safety and legality of work performed by Builders or that a Builder is suitable for your circumstances.
3.4 You are responsible for selecting a Builder and for negotiating the terms for any work undertaken.
- YOUR INFORMATION
4.1 Any information that you provide to the buildingquote.com.au either directly or automatically may be used for purposes such as to: provide the Site’s services & functions, quality control & improvement, customise your experience, obtain analytics about the Site and its users, provide feedback to businesses and professionals whose products or services are listed on the Site or within our products or services, display relevant advertising, evaluate the success of our advertising, provide customer support, communicate with you, back up our systems and allow for disaster recovery, enhance the security of the Site, fulfill transactions authorised by you on the Site, and comply with legal obligations.
4.2 We are not responsible for any errors or omissions in the information you supply to us.
4.3 We are not responsible for your misunderstanding the questions we ask of you and how you answer or provided information in response to our questions.
4.4 You indemnify us against all Liabilities which we any incur and release us from any Claim relating to or arising out of:
- 4.4.1 the information or answer you give us when using the Website or by any other means;
- 4.4.2 your failure to provide us with all information or answers required either full or accurately.
- YOUR CONDUCT
5.1 With the exception of personally identifiable information, the use of which is covered under our Privacy and Security Policy (refer Clause 7), any material you send or post to the Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any purpose.
5.2 You must not post or send to or from the Website any material:
- 5.2.1 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to distribute the material;
- 5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
- 5.2.3 which is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
5.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to the Website.
- LINKS TO OTHER WEBSITES
6.1 Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to the Website, it is at your own risk.6.2 If you would like to link to the Website, you may only do so provided that:
- 6.2.1 you link to, but do not replicate, any page on the Website;
- 6.2.2 the link must “point” to the URL https://www.buildingquote.com.au and not to other buildingquote.com.au web pages;
- 6.2.3 the link does not operate in any way which might, or might potentially, damage or diminish the value of the buildingquote.com.au name, reputation or trademarks;
- 6.2.4 the link does not imply that you or any third party is associated with or approved by buildingquote.com.au; and
- 6.2.5 the link displays the full screen of the Website when accessed and not a “frame” on the linked website.
- PRIVACY AND SECURITY POLICY
7.1 We will take all reasonable steps to keep secure any information you transmit to us using the Website. The Internet is not secure however and accordingly, we make no guarantee or warranty that such information cannot be intercepted by third parties.
7.2 The personal information the Website collects includes (but is not limited to) login details, email, address and contact details, information entered via online forms and interactive tools, and banking and credit card information.
7.4 buildngquote.com.au may distribute information which is based on the information you supply to us to third parties for use for their own marketing purposes. The responsibility for accuracy and validity of that information is solely yours.
7.5 buildingquote.com.au may use information contained in cookies to provide you with focused advertising that we believe may be of interest. You can disable your cookies through your Internet browser.
7.6 buildingquote.com.au uses the Fat Zebra Tier-1 PCI-DSS certified payment gateway payment system to provide a secure environment for the authorisation of credit card and charge card transactions.
Except where otherwise required by law:
8.1 all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with the use of the Website or Our Services are excluded;
8.2 we do not accept responsibility for any Liabilities which you may incur in connection with your use of the Website or any linked website and you release us from any Claim relating to such Liabilities;
8.3 our responsibility for any defect in Our Services or breach of these Terms and Conditions or of an Implied Term is limited at our option to resupplying Our Services;8.4 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss (Consequential Loss) suffered by you or any third party in connection with the use of the Website or the provision of Our Services;8.5 you indemnify us against all Liabilities which we may incur and release us from any Claim for such Consequential Loss.
- INTELLECTUAL PROPERTY
9.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website or Our Services.9.2 We grant you a non exclusive non transferrable licence to print and download material from the Website for your own private and non commercial use, provided that you do not modify any content without our consent.
9.3 The above licence terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Terms and Conditions.9.4 Copyright and other Intellectual Property Rights in all material on the Website are held by us or licensed by us. Subject to the limited exception in clause 10.2, other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, you may not in any form or by any means:
- 9.4.1 adapt, reproduce, store, distribute, print, display, perform or publish any materials on the Website or create derivative works from any part of the Website; or
- 9.4.2 commercialise any information, products or services obtained from any part of the Website without our written permission or, in the case of third party material, from the owner of the copyright in that material.
10.1 There are no refunds available for clients using the Website for information.
10.2 A refund of Fees of any kind will at all times be at our sole discretion.
- YOUR BREACH
11.1 You indemnify us against all Liabilities which we may incur in respect of:
- 11.1.1 Your breach of these Terms or Conditions; or
11.1.2 The Website or Our Services not bring suitable for your circumstances.
11.2 Any breach or threatened breach of these Terms and Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
12.1 We reserve the right to change these Terms and Conditions at any time. Please read them regularly to ensure you are aware of any changes. Your continued use of our Website and of Our Services following changes to these Terms and Conditions means you accept those changes.
12.2 These Terms and Conditions cover the entire agreement and understanding between you and us with respect to Our Services and supersede any prior agreement or understanding.
12.3 If there is any conflict between anything in these Terms and Conditions and anything else in the Website, these Terms and Conditions prevail.
12.4 The validity and interpretation of these Terms and Conditions are governed by the laws of the Australian Capital Territory. Any dispute in connection with Our Services or these Terms and Conditions is subject to the exclusive jurisdiction of the courts of the Australia Capital Territory.
12.5 We accept no responsibility for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
12.6 If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
12.7 If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
12.8 Any indemnity or release in these Terms and Conditions survives termination of access to or closure of the Website. Any other provision in these Terms and Conditions intended to do so, survives the termination of access to or closure of the Website.
- CONTACT US
Please do not hesitate to send us any queries, comments or requests for information you may have regarding these Terms and Conditions. Please click here to contact us.
- IMPLIED CONSUMER GUARANTEES
14.1 Our Services may be covered by certain consumer guarantees under the Australian Consumer Law (Implied Consumer Guarantees).
14.2 If Our Services fail to meet any Implied Consumer Guarantees, you will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law for such failure, to the extent that such rights and remedies cannot be lawfully excluded. You may only exercise such right under the Australian Consumer Law.
In these Terms and Conditions unless the context otherwise requires:
15.1 Builder means any user, person, company or third party who uses the Website for the purpose of being invited to provide a quote or quotes for services to Clients and/or Members.
15.2 buildingquote.com.au, us, our and we means buildingquote.com.au Pty Ltd ABN 4214 9700 925 and its directors, agents, contractors and employees.
15.3 Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
15.4 Client means any user or person who uses the Website for information and/or to invite Builders to quote for service.
15.5 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
15.6 Invitation to Quote means an invitation to a Builder by a client and/or Member to provide a quote or quotes for services.
15.7 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
15.8 Member means any Builder or Client who has signed up and/or paid to use Our Services.
15.9 Membership Fees means any payments made by Members for the use of Our Services, including (but not limited to) those payments referred to as subscription fees or signup fees.15.10 Our Services means allowing and facilitating the viewing or use of the Website, and its interface and user system in order to provide online information to you and any ancillary or related service we provide to you (including telephone and email support).15.11 Website means the website at www.buildingquote.com.au15.12 You and yours means any person (including Members) viewing or using the Website, including any links from the Website, either wholly or in part and either directly or indirectly and includes a person whose credit/debit card is used in conjunction with the Website.
In these Terms and Conditions unless the context otherwise requires:
16.1 headings do not affect interpretation;
16.2 singular includes plural and plural includes singular;
16.3 words of one gender include any gender;
16.4 a reference to a party includes its executors, administrators, successors and permitted assigns;
16.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;
16.6 a provision is not to be construed against us only because we prepared it;
16.7 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.
Last updated October 20, 2015