Terms of Service
These Terms of Service (“User Terms“) apply to your visit to and your use of our website at www.quantitycosts.com (the “Website“), the Service, as well as to all information, recommendations and/or services provided to you on or through the Website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE.
You have to be 18 years of age or older to use this Service. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use this Service. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms of Service.
Quantity Costs Services
Quantity Costs provides information and a way for potential Clients to find mainly Costing and Quantity Surveying Services offered by a third party Supplier.
To avoid any doubt: Quantity Costs itself does not provide Costing Services. It is up to the Supplier to offer relevant Services, which may be requested through the use of the Website. Quantity Costs only acts as intermediary between you and the Supplier. The provision of the Services by the Supplier to you is therefore subject to the agreement (to be) entered into between you and the Supplier. Quantity Costs shall not be a party to such agreement.
Your use of the Service
You warrant that the information you provide to Quantity Costs is accurate and complete. Quantity Costs is entitled at all times to verify the information that you have provided and to refuse the Service without providing reasons.
You may only access the Service using authorized means. By using the Service, you further agree that:
- You will only use the Service for your sole, personal use and will not resell it to a third party;
- You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Service in any way whatsoever;
- You will not copy, or distribute Quantity Costs Content without written permission from Quantity Costs;
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
Quantity Costs reserves the right to immediately terminate the Service should you not comply with any of the above rules.
The use of the Service is free of charge. Quantity Costs reserves the right to introduce a fee for the use of the Service. If Quantity Costs decides to introduce such a fee, Quantity Costs shall inform you accordingly and allow you to either continue or terminate the Contract.
You agree that you will pay for all Costing Services you purchase from the Supplier.
By accepting these Terms of Service using the Service, you agree that you shall defend, indemnify and hold Quantity Costs, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
a. your violation or breach of any term of these Terms of Service or any applicable law or regulation, whether or not referenced herein;
b. your violation of any rights of any third party, including Suppliers arranged via the Service, or your use or misuse of the Service.
The information, recommendations and/or services provided to you on or through the Website and the Service is for general information purposes only and does not constitute advice. Quantity Costs will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and viruses or that the Website are correct, up to date and accurate.
Quantity Costs shall not be liable for any damages resulting from the use of (or inability to use) the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Quantity Costs.
Quantity Costs shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
The quality of the Services requested through the use of the Service is entirely the responsibility of the Supplier who ultimately provides such Services to you. Quantity Costs under no circumstance accepts liability in connection with and/or arising from the Services provided by the Supplier or any acts, actions, behaviour, conduct, and/or negligence on the part of the Supplier. Any complaints about the Services provided by the Supplier should therefore be submitted to the relevant Supplier.
Licensing, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Quantity Costs Content” means Content owned or used by Quantity Costs, its affiliates or licensors and made available through the Website and Service, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service.
“Collective Content” means, collectively, Quantity Costs Content and User Content. Subject to your compliance with these User Terms, Quantity Costs grants you a limited, non-exclusive, non-transferable license:
to view, download and print any Quantity Costs Content solely for your personal and non-commercial purposes; and
to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service or Collective Content, except as expressly permitted in these User Terms.
You may not reuse any Collective Content without first obtaining the written consent of Quantity Costs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Quantity Costs or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, Quantity Costs shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant“).
You acknowledge that Quantity Costs only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Quantity Costs shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Quantity Costs be under an obligation to do so.
Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Quantity Costs.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Quantity Costs, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Quantity Costs or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website or the Service.
Quantity Costs reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Quantity Costs believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Quantity Costs.
You agree to promptly notify Quantity Costs in writing of any User Content which breaches these User Terms. You agree to provide to Quantity Costs sufficient information to enable Quantity Costs to investigate whether such User Content breaches these User Terms. Quantity Costs agrees to make good faith efforts to investigate such complaint and shall take such action as Quantity Costs in its sole discretion decides. However, Quantity Costs does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Quantity Costs will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Quantity Costs may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms.
You acknowledge that Quantity Costs has no obligation to monitor your access to or use of the Website, Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Quantity Costs reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Quantity Costs, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website or the Service.
Quantity Costs respects copyright law and expects its users to do the same. It is Quantity Costs’ policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Quantity Costs’ Copyright Policy for further information.
Intellectual Property Ownership
Quantity Costs alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Service, or any intellectual property rights owned by Quantity Costs. Quantity Costs’ name, logo, and the product names associated with the Service are trademarks of Quantity Costs, its affiliated companies or third parties, and no right or license is granted to use them.
Third Party Interactions
During the use of the Website and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website and the Service and are beyond Quantity Costs’ control.
Term and Condition of Contract
You can close your user account at any time. Quantity Costs is entitled to terminate the Contract at all times and with immediate effect if you:
a) violate or breach any term of these User Terms, or
b) in the opinion of Quantity Costs, misuse the Service. Quantity Costs is not obliged to give notice of the termination of the Contract in advance. After termination Quantity Costs will give notice thereof in accordance with these User Terms.
Invalidity of one or more Provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the Service and User Terms
Quantity Costs reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service or via email. Quantity Costs may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Quantity Costs may give notice by means of a general notice on the Service or by electronic mail to your email address on record in Quantity Costs’ account information, or by written communication sent by regular mail to your address on record in Quantity Costs’ account information.
You may not assign your rights under these User Terms without prior written approval of Quantity Costs.
Privacy and Cookies
Applicable Law and Dispute Resolution
These User Terms are subject to the laws of Australia. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website and/or the Service (collectively, “Disputes”) will be settled exclusively by the competent court in Australia, unless you notify Quantity Costs within one month after Quantity Costs invoking its right pursuant to this provision to commence court proceedings in Australia, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.