Construction Advisor – Terms and Conditions
Please read these terms and conditions (“Terms“) as they govern all Users.
Your ongoing use of the Construction Advisor Website confirms your acceptance of these Terms as amended from time to time. You represent and warrant that you are able to agree to these Terms on behalf of yourself, any Company you work for and any person or entity that accesses or uses the Construction Advisor website or does work for a User on your behalf.
We may vary the Terms from time to time and shall notify you through the Site. Your continued use of the Construction Advisor website after the date the changes have been posted will constitute acceptance of the amended Terms.
Where we refer to “you” or “your” in the Terms, we mean you, any Company you work for and any person or entity that accesses or uses the Construction Advisor Software or does work for a Client on your behalf.
Where we refer to “we“, “us“, “our” or the “Company“, we mean Construction Advisor Pty Ltd (ACN 607 422 579).
“Client” means the person or entity which requires services to be provided on the Construction Advisor website.
“Services” includes any service or assistance provided by any User that has been facilitated by us, including but not limited to the services listed on the “Services” page of the website.
“Users” means any user of the services provided by us, including Clients.
“Website” means www.constructionadvisor.com.au
Construction Advisor is designed to enable Clients to submit to us details of work or jobs for which they may require advice and/or assistance and receive responses from other users. Construction Advisor is not the provider of the Services but the facilitator to allow our Users to collaborate, assist each other, provide assistance and expertise.
Use of the Construction Advisor website
Your use of the Construction Advisor website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by your use of the Construction Advisor website. Neither we nor anyone else involved in creating, producing or delivering the Construction Advisor website, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein.
You must not use any means of automatically searching or mining data from the Construction Advisor website or in any way interfere or attempt to interfere with the proper operation of the Construction Advisor website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Construction Advisor website, our systems or data or those of any third party via the Construction Advisor website.
The Construction Advisor website may contain links to websites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or website link on the Construction Advisor website and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability regarding any such products, services or website links.
Regulation and Codes of Conduct
You agree that you will be solely responsible for ensuring your own compliance with applicable legislative requirements, regulations or code of conduct, and we are not liable for any failing by you to comply with such legislative requirements, regulations or code of conduct.
If you are a provider of any Service, then you are solely responsible for ensuring that you are compliant with all legislative requirements, rules, regulations or codes of conduct that are relevant to the Services and required within the jurisdiction which governs the provision of the Services.
The Construction Advisor website is available to the Users on an ‘as is, with all faults and as available’ basis. The Construction Advisor website is continually updated and amended in accordance with our ongoing maintenance requirements and underlying goal to provide an excellent platform for our Users Services.
Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data (including your data) or other service interruptions. For this reason, you expressly acknowledge and agree that your use of the Services is at your own risk.
Construction Advisor and any Users expressly disclaim to the full extent permitted by law any warranties of any kind, either expressed or implied, including without limitation any implied warranties of fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade.
Any Services provided through Construction Advisor is done at your own discretion and risk and you will be solely responsible for any damage caused by the User.
We make no representation or warranty that your access to and use of the Construction Advisor website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Construction Advisor website at any time without notice.
Limit of Liability
Users understand and agree that Construction Advisor shall in no way be liable for any indirect, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits, delay costs, failure for a User to provide the Service, or any other loss that may be suffered by the User resulting from the use or inability to use the Services, the cost of engaging alternative parties (including those parties not Users of Construction Advisor) for the required Service, the provision of defective or damaged Services, or any other matter related to the Services.
Construction Advisor does not underwrite the identity or performance of any User of the Construction Advisor website and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any party using the Construction Advisor website or any unauthorised use of any digital certification issued thereunder.
Construction Advisor does not make any representation or warrant any of the information made available by the procuring parties. To the extent permitted by law, you agree that Construction Advisor has no responsibility or liability for any information, transaction, transmission, submission, correspondence, storage, identification, screening, compliance issues, issue of digital identification, unlawful transactions by other Users in connection with or arising out of the Services.
In cases of any losses not otherwise excluded by a term of this Agreement, Construction Advisor’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement, or based on any claim for indemnity or contribution will not exceed the sum of the most recent fee paid by you to Construction Advisor.
We rely on the professionals or the facilities listed in our website to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a User is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our Services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof.
We recommend that you take steps to check the certification, licensing and/or qualifications of any professional or other Service provider with the appropriate board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of any User you decide to retain as a result of a connection made through Construction Advisor.
Provision of Services
If you are a provider of any Service you are solely responsible for the content, accuracy, and completeness of each quote you submit to us, or another User, and agree and warrant that they shall only contain information which is true, accurate and current.
You acknowledge and accept that the material, information or data on the Construction Advisor website, including but not limited text, software, artwork, graphics, photographs, images, sounds, music, audio material, video material and audio-visual material (“Material“) is owned by or licensed to Construction Advisor and is protected by copyright.
You acknowledge and understand that unauthorised copying, re-publication or use of the Material may violate copyright, trademark, and other laws.
You are authorised by Construction Advisor to view, download, print and copy from the Construction Advisor website only such copies of the Material as are strictly necessary for your records as a Subscriber and your own use for the purposes of considering and responding to the opportunities available to you from the Construction Advisor website.
You own all the Material, and personal information you provide to us, but you also grant us a non-exclusive, royalty free and ongoing license to it on the Construction Advisor website and wherever we see fit, including in advertising for Construction Advisor.
You can end this license for specific content by deleting such Materials from your profile or the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), however, we will attempt to not modify the meaning of your expression. If you do not agree with the amended content, you can request the content is published in its original form or deleted.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Construction Advisor may be required by law to remove certain information or content in certain countries.
Fees, Payment and Cancellation
For the access to the website or for any advertising undertaken you agree to pay on the basis and at the rate selected when an order, or other purchase was submitted through your account. You also agree to pay all applicable taxes, government charges and foreign exchange fees (if applicable).
All amounts paid are non-refundable. You remain responsible for any uncollected amounts. Construction Advisor may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.
We use Braintree as a third-party service provider for internet based payment services to facilitate payments for transactions between you and Users or for payment between you and us for those who advertise with us. You agree to be bound by Braintree which is located at https://www.braintreepayments.com and hereby consent and authorise us and Braintree to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s). You also agree to be bound by their Terms which are located at Braintree.
You understand and agree that we may contact any Client or User to ask for a review of your Services and that we may use such review for any purpose, including providing such review to prospective Users and/or posting such review to the website.
You acknowledge that any review is Construction Advisor’s intellectual property and may only be used by you in any form with the express written permission of Construction Advisor.
We can each terminate the Contract at any time. Upon Termination clauses 5, 6, 9, 12, 13, 15 and 16 will survive.
Any amount owing to Construction Advisor is to be paid immediately.
Limitation of Liability and Indemnity
Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.If you are dissatisfied with Construction Advisor, or the Terms, your only remedy under the Terms shall be to discontinue your use of Construction Advisor.
In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than the most recent fee paid to Construction Advisor in respect of all matters concerning or arising out of your use of Construction Advisor.
You hereby indemnify us and hold us harmless in respect of any loss, damage, liability, costs and/or expenses of whatsoever nature which we may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage,costs and/or expenses of any nature whatsoever suffered or incurred by us as a result of any claims brought against the User, us or yourself by any third party. Your liability under this indemnification shall be in addition to your liability to us on account of any breach of contract.
We each undertake during and after termination of the Terms not to disclose or exploit in any way confidential information concerning each other, the Users, Client’s or third parties on Construction Advisor and the provisions of the Terms or any other policies which apply to your use of Construction Advisor.
Any notice to be given under the Terms must be in writing and either sent by e-mail, delivered by hand or sent by recorded delivery to the primary correspondence address listed on a User’s profile.
This Agreement constitutes the entire agreement between you and Construction Advisor and governs your use of the Services, superseding any prior written or oral agreements between you and Construction Advisor.
The Terms shall be subject to the laws of Victoria and the parties shall submit to the exclusive jurisdiction of the Victorian courts.
If any of the Terms are held to be illegal or unenforceable for any reason, such provisions shall be severed, and the rest of the Terms shall remain in full force and effect.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
These Terms are governed and construed in accordance with the law of Victoria, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State.
Any indemnity or any obligation of confidence under these Terms is independent and survives the termination of this Agreement.