Terms & Conditions
1. Definitions
The following are common definitions used
throughout this document and the Trade Estimating business.
• Online Services; means the Trade
Estimating Online Services accessed via the Trade Estimating
website, by Registration as a User and by signing on for
use using Access Authority.
• Subscriber; means the entity who
owns the account with Trade Estimating. Subscriber and subscription
are synonymous with Member and Membership.
• Access Authority; means the Subscriber
and/or individuals who the Subscriber prescribes levels
of access to your Trade Estimating Online Account and where
the Subscriber has made available to those individuals the
“Email Address/Sign-in ID” and “Password”
to allow them access for data entry, viewing data or obtaining
reports.
• User; means the account owner and/or
the person authorized to operate accounts under an Access
Authority.
• Password; means a confidential
alphanumeric which when used with other Access Authority
information, gives access to Online Services.
• We, Us and Our; means Trade Estimating.
• You and Your; means the Subscriber
and/or User.
2. General
Trade Estimating provides an Internet Subscription services
to users and listed below are the Terms and Conditions that
apply for the Trade Estimating Subscriber Services
Terms and conditions;
• Will be amended regularly.
• Amendments can be found by going to the link at
the bottom of the Trade Estimating homepage www.tradeestimating.com.
• Changes are effective 14 days from posting to this
page.
• Are deemed to be accepted by use of the service
after that date.
• Amendments supersede prior agreements.
These terms and conditions are governed
by the laws of Queensland, Australia, and both parties submit
to the non-exclusive jurisdiction of the courts of this
State.
3. Online Services
3.1 How You Set Up
You must provide all necessary equipment
and pay any fees to providers for access to the World Wide
Web. After gaining access to the World Wide Web, you must
obtain access to and pay for the use of Trade Estimating
Online Services. You do this by registering as a Trade Estimating
subscriber.
3.2 Payment of Subscription Fees and Service Charges
You agree to pay all Subscription Fees
and Service Charges Trade Estimating charges you for the
Online Services when you register. You agree to pay all
government taxes applicable to your access, use or receipt
of the Service.
If a Member fails to pay their Membership
fees and/or Service Charges when due, Trade Estimating reserves
the right to deny access to all files that belong to the
unpaid Membership and/or Service Charges. When a Member
is denied access to their account all users of the affected
files will be unable to view, edit or add any data to the
file. When the unpaid Membership and/or Service Charges
are paid in full access will be restored.
You agree to pay all costs incurred by
Trade Estimating in collecting overdue fees and charges
from you, including any late payment charges.
3.3 Membership of Trade Estimating Online Services
You can become a member of Trade Estimating Online
Services by using the Membership button on the Trade Estimating website
Pricing Page. You will be asked to provide correct information about
yourself or company, to list the user who will have Access Authority,
to maintain and update such information and read and agree to the Terms
and Conditions.
Your Account may be suspended or terminated
and you could be refused use of the Online Service if you
provide any information which is or we have reasonable grounds
to believe is false, inaccurate, misleading, not current
or incomplete.
3.4 Communications and Confidentiality
Trade Estimating reserves the right to
contact Subscribers by email, fax, post or telephone to
regarding the use of the Service. Other information will
only be communicated if the Subscriber agrees to receive
that information.
When you become a Member you will be given
a password. You will be responsible for the security of
any password and other access information used by yourself
and your authorized users. You are responsible for the security
of your Password for your organization in order to ensure
there is no unauthorized copying of, access to, or collection
of information from you data file.
The Internet is an open system and you
acknowledge that Trade Estimating cannot and does not warrant
or guarantee that third parties cannot intercept your information.
3.5 Terminating Your Service
The Trade Estimating Online Service can
be terminated by not renewing your subscription.
3.6 General Practices
General practices may be established and
limits applied to the use of the service. You agree that
Trade Estimating has the right to change these general practices
and limits at any time. You also agree that Trade Estimating
has the right to disable any account that remains inactive
for an extended period of time.
4. Your License
You are granted a non-transferable, non-exclusive
and terminable right license by Trade Estimating to use
the Subscription Services under these Terms and Conditions.
Trade Estimating retains the title and ownership of the
Subscription Services. You agree not to copy, modify, create
a derivative work, reverse engineer or reverse assemble,
disassemble, or decompile the Software, or allow a third
party to copy, modify, create a derivative work, reverse
engineer or reverse assemble, disassemble, or decompile
the Software. You agree not to take any other action to
allow its whole or partial re-use by the Subscriber or others.
You are licensed as the user specified
in the subscription plan to which you are a subscriber.
The Subscriber retains title and ownership of data entered
by the Subscriber, or those with Authorized Access to the
Subscribers database.
The License hereby granted shall automatically
transfer to the new version if and when an upgrade occurs.
All rights in respect of the previous version/s shall lapse
and no further use of the previous version/s shall be permitted.
The License in this agreement is effective
until suspended or terminated by ceasing subscription payments
and/or failure to comply with the Terms and Conditions.
The payment terms for your subscription are in advance of
the next Subscription period.
5. Warranties, Liability and Disclaimers
5.1 Website Disclaimer
All risks concerning the suitability and
accuracy of the information within the web site and publications
is assumed by you. Technical inaccuracies or errors may
be contained within the website, publications and/or advice/support
given. No responsibility is taken by Trade Estimating for
and disclaims all liability for any such inaccuracies, errors,
or omissions in the web site, publications and/or advice
given and in any other referenced or linked documents.,
From time to time Trade Estimating may alter information
in the web site which contains market information, pricing,
product specifications, and these products may not be relevant
and/or available to you in your country.
5.2 Other Website Links
The website may contain links to other
third-party sites which Trade Estimating does not control
and is not responsible for and therefore does not accept
responsibility for the content on any linked web sites.
If you access a third-party site from this website, then
you do so at your own risk/s. The provision of these links
by Trade Estimating is for the convenience of users. The
inclusion of any link on this web site does not imply that
Trade Estimating is accepting any responsibility for, or
endorsing the content of linked third-party sites.
5.3 General Information Provided by Trade
Estimating
The information contained in the Trade
Estimating website is a guide only and is not legal, taxation,
estimating or quantity surveying advice and is not suitable
to be relied on by you as such advice. You should seek and
obtain advice from a professional for all legal, taxation,
estimating or quantity surveying matters.
5.4 Liability
All risk of using Trade Estimating Online
Services shall be bourn by the Subscriber. No responsible
is accepted by Trade Estimating for any adverse consequences
arising out of the use of the Services. You agree to indemnify,
defend, and hold harmless Trade Estimating from and against
any and all claims, proceedings, damages, liability and
costs (including reasonable solicitors fees) incurred by
Trade Estimating as a result of any claim arising from your
violation of the Terms and Conditions, State or Commonwealth
law or regulations, or any third party's rights including
but not limited to infringement of copyright, violation
of any proprietary right and invasion of privacy rights.
These obligations survive termination of the Service.
No liability will be accepted by Trade
Estimating for failures in providing Services which are
outside normal usage or which occur due to force majeure,
matters outside Trade Estimating control or which are not
reasonably foreseeable including an act of God, war, terrorism
and civil disobedience.
5.5 Warranty Disclaimer
The Trade Estimating Online Services which
include all content, functions, software, and operational
hosting services are provided “as is” without
warranty of any kind. Trade Estimating expressly disclaims
all warranties of any kind, whether express or implied,
including without limitation, security, title, accuracy,
errors in software will be corrected, uninterrupted timely
and error free service, service will meet user requirements,
unauthorized access, damages or injury caused by any failure
of performance, computer virus and communication failure.
6. Intellectual Property
6.1 Confidential and Proprietary Information
You agree and acknowledge that Trade Estimating
Online Services contain confidential and proprietary information
that is protected by intellectual property, copyright and
other laws. You agree not to lease, loan, modify, distribute,
sell or create derivative works based on the Service.
If you are a “Building/Construction
Estimating” service provider (i.e. estimator, cost
estimator, quantity surveyor, tendering service) you may
procure and maintain the Service for your client by establishing
and maintaining a separate account for them, or your client
may establish an account with Trade Estimating and set you
up with Access Authority.
6.2 Trade Estimating and Trade Estimating
Trademarks
You agree you must obtain written approval
from Trade Estimating to use or display Trade Estimating
or Trade Estimating trademarks, logos, product and services
names.
7.0 Transferability
You agree you must obtain written approval from Trade Estimating
to assign, sell distribute, lease, rent, lend, sublicense,
or transfer the Subscription Services or this license.
8.0 Support Service
8.1 Definition
Paid Support Service; means product use
support and technical support where technical issues arise
for the product such as defects.
Technical Support Service; means technical support where
technical issues arise for the product such as defects.
8.2 Help
Trade Estimating provide a comprehensive
online Help screens. Further product use support is available
from Trade Estimating staff at Support Service by emailing
us at contactus@tradeestimating.com
or by using the “Contact Us” link at the bottom
of the Home Page. This service should only be used as a
last resort after reading the FAQ
(Frequently Asked Questions) and using online help screens
provided on each page.
8.3 Incorrect Use
Support Service is only available while
an online service is current and paid in full. If the Support
Service is deemed by Trade Estimating to be used in an abusive,
unethical or fraudulent manner then Trade Estimating may
terminate the service.
8.4 Advice
Trade Estimating support does not provide
any advise on estimating issues and or methods. Assistance
in how to use the Trade Estimating online service should
not be understood to be legal, taxation, estimating, quantity
surveying or tendering advice. You should seek and obtain
advice from a professional for all legal, taxation, estimating,
quantity surveying or tendering matters.
8.5 Hardware, Internet and Third Party
Software
The Support Service provided by Trade Estimating
is for basic usability and functionality inquiries. Trade
Estimating cannot resolve network, Internet, software, hardware
inquiries relating to third party providers. Our Support
Service staff will deem if the inquiry falls within the
bounds of the Trade Estimating Support Service.
8.6 Availability
Availability and response times of
the Support Service staff may be affected by server maintenance,
email volumes and system upgrades.
Privacy Policy
Your personal information is important
to us.
Trade Estimating recognizes that your privacy is very important
to you and that you have a right to control your personal
information. We know that providing personal information
is an act of trust and we take that seriously.
What information we collect about
you
Trade Estimating will not collect
or monitor any personal information about you without your
consent. Only information you provide Trade Estimating with
directly will be collected, such as through subscribing
to our services, or identifying yourself when requesting
information to be sent to you. The only personal information
we collect is what you tell us about yourself. For example,
when you fill out a subscription form, we collect the details
you enter to enable us to process you account.
Trade Estimating use of Cookies
Trade Estimating uses "cookies"
to help enhance your experience on the site. Cookies are
pieces of information that a website transfers to your computer's
hard disk for record-keeping purposes. Most Web browsers
are set to accept cookies as the default. However, if you
do not wish to receive any cookies you may set your browser
to refuse cookies. If you turn off cookies the site will
not operate properly.
Using & disclosing your personal
information
Trade Estimating will not use or
disclose any specific information about you without your
consent, unless required by law. Trade Estimating recognize
the trust you place in us when you give us personal information.
Storage & security of your details
Trade Estimating will endeavor to
take all reasonable steps to keep secure any information
which we hold about you, and to keep this information accurate
and up to date. In addition, Trade Estimating employees
and data processors are obliged to respect the confidentiality
of any personal information held by Trade Estimating. However,
Trade Estimating will not be held responsible for events
arising from unauthorized access to your personal information.
We encourage you to play an important role in keeping your
personal information secure, by maintaining the confidentiality
of any passwords and account details used on the Trade Estimating
website.
Trade Estimating & links to other
websites
Trade Estimating provides links
to websites outside of the Trade Estimating portal. These
linked sites are not under the control of Trade Estimating,
and we are not responsible for the conduct of companies
linked to our website. Before disclosing your personal information
on any other website, we advise you to examine the privacy
policies for those sites. Should you be concerned with the
conduct of a site which you accessed via a link from the
Trade Estimating site, please help us to help you, by emailing
us.
Trade Estimating Privacy Statement
This is Trade Estimating current
Privacy Statement. Trade Estimating may at any time vary
the Privacy Statement by publishing the varied Privacy Statement
on the Trade Estimating website.
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