Terms and Conditions

Terms of Use

1. In these Terms references to “we”, “our”, “us” and “The Estimating Store” means The Estimating Store A.B.N. 25 650 520 166 and including its employees, contractors, agents and assigns.
2. In these Terms references to “you”, “your” and “Client” means any person or entity which uses the Site and/or purchases any Products.
3. These Terms and any policies or rules which may be posted by The Estimating Store on the Site from time to time (collectively the “Terms”) set out the terms and conditions on which The Estimating Store offers you access to and use of our Website, content, services, applications and tools (collectively the “Site”).
4. Please read these Terms carefully. When you access and/or use the Site you will be deemed to have read and understood, and to have agreed to be bound by, these Terms.

Products Offered

The Estimating Store provides clients with access to purchase builders rates and pricing structure details (collectively the “Products”).

Definitions

In these Terms;

1. “Website” means the website operated by The Estimating Store and available at theestimatingstore.com.au

Authority

1. You warrant that all details and information provided to The Estimating Store are true and accurate.
2. You warrant that you are aged 18 years or above and have the authority to enter into these Terms on behalf of the Client.
3. You acknowledge and agree that you will be responsible for all actions taken, and all Products purchased, using your personal details.
4. The Estimating Store reserves the right to decline, suspend, deactivate or cancel access to the Site at any time in its absolute discretion.

Terms of Service

1. Your access and use of the Site constitutes your agreement to be bound by these Terms, and establishes a contractual relationship between you and The Estimating Store.
2. These Terms expressly supersede any prior agreements or arrangements with you.
3. The Estimating Store shall be entitled to immediately terminate these Terms, access to the Site and/or the supply of Products at any time in its absolute discretion, without any notice to you.
4. The Estimating Store reserves the right to amend these Terms by posting a notice on the Site. If you continue to access and/or use the Site after publication of such notice, you will be deemed to have read and understood, and to have agreed to be bound by, the amended Terms.
5. The Estimating Store reserves the right to make changes to the Site and/or the Products at any time in its absolute discretion, without any notice to you.

Fees, Charges and Payments

1. You acknowledge that the fees to be charged by The Estimating Store for the Products (the “Fees”) shall be advertised on the Site.
2. You shall be required to make payment of the Fees in full and in advance to The Estimating Store by PayPal or credit card authority via the Site. You agree to comply with all third party terms and conditions applicable to use of those payment gateways.
3. You acknowledge and agree that the Fees charged by The Estimating Store may be varied at any time by change to the advertised price stated on the Site. The Estimating Store shall not be entitled to pass on any increase in Fees after payment of the subject Fees has been made by you, but shall be entitled to charge the increased Fees for any further Products purchased.

Refund Policy

1. The Estimating Store makes every effort to ensure the Products are of suitable quality and appropriate for the advertised use, and match their description on the Site.
2. The Estimating Store does not offer any refund for incorrect choice or change of mind by you, and all warranties and conditions which may by law be excluded are expressly excluded. Where such warranties or conditions cannot be excluded, modified or restricted, The Estimating Store’s liability will be limited to resupplying the Products.

Client Conduct

1. You acknowledge and agree that you are solely responsible for compliance with all laws, rules, regulations and tax obligations which may apply to your use of the Site and the Products. You agree that you will not;
   1. Violate or participate in any violation of any applicable law, rule, regulation or tax obligation;
   2. Use any kind of software, device, script, robot, backdoor or any other means or process to access, scrape, crawl or spider any web pages or other services contained in the Site;
   3. Use or expose, or allow to be used or exposed, any content that is not publicly displayed by The Estimating Store on the Site; in any manner which is inconsistent with these Terms or The Estimating Store Privacy Policy; or in any way that violates the privacy rights or other rights of The Estimating Store or any third party.
   4. Use or access the Site or Products for any commercial or other purpose that is not expressly permitted by these Terms;
   5. Infringe the rights of any person or entity, including but not limited to privacy rights, intellectual property rights and contractual rights;
   6. Interfere with or damage the Site, including but not limited to through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
   7. Use the Site or Products to store, transmit, distribute, post or submit any information about The Estimating Store or any third party, including but not limited to personally identifiable information;
   8. Impersonate any person or entity, or misrepresent yourself or your affiliation with any person or entity;
   9. Systematically retrieve data or other content from the Site or Products to create or compile, directly or indirectly, a collection, database, directory or similar;
   10. Use, display, mirror or frame the Site or Products or any part thereof, or The Estimating Store’s name, logo or other proprietary information, without The Estimating Store’s prior written consent;
   11. Access, use or interfere with non-public areas of the Site or The Estimating Store’s computer systems, including but not limited to scanning or testing the vulnerability of any part of the Site or The Estimating Store’s computer systems;
   12. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise interfere with any technological measure implemented by The Estimating Store, its providers or any other third party to protect the Site and/or Products;
   13. Use the Site or Products in any way to send altered, deceptive or false source-identifying information;
   14. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Products; or
   15. Advocate, encourage or assist any third party in doing any of the foregoing.
2. The Estimating Store reserves the right to investigate and prosecute any violations of this clause to the maximum extent permitted by law.
3. The Estimating Store shall have the right, but is not obliged, to monitor your access to and use of the Site and Products to ensure compliance with these Terms.

Ownership and Intellectual Property

1. You acknowledge and agree that the Site and Products, including all associated intellectual property rights, are the exclusive property of The Estimating Store.
2. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice appearing in the Site or Products.

License

1. Subject to compliance with these Terms and all applicable laws and regulations, The Estimating Store grants to you;
   1. A limited, non-exclusive, non-transferable license to download, install and access the Site solely for your own personal/business use;
   2. A limited, non-exclusive, non-transferable license for a single user to download and use Products which you have purchased for your own personal/business use. You acknowledge that the link provided by The Estimating Store cannot be shared with others or passed on the third parties, and will expire within 7 days of issue by The Estimating Store. You agree that the license granted is for single use only.
2. It is an essential term of this license that you will not use, copy, adapt, modify, distribute, sub-license, sell, transfer, publicly display or perform, transmit, broadcast or otherwise exploit the Site or Products, except as expressly permitted in these Terms.

Warranties

1. You acknowledge and agree that if you choose to use the Site and/or Products, you do so at your sole risk.
2. All warranties and conditions which may by law be excluded are expressly excluded. Without limiting the foregoing, you acknowledge and agree that The Estimating Store makes no representation or warranty about;
   1. The Site or the Products;
   2. The accuracy, completeness, fitness for a particular purpose or suitability of any part of the Site or the Products;
   3. Whether the Site or the Products will meet your requirements or be available on a secure, interrupted and error-free basis.
3. You acknowledge and agree that The Estimating Store does not provide professional advice and it is your responsibility to consult with an appropriately qualified professional regarding the suitability of the Products for your intended use.

Dispute Resolution

In the event that any dispute arises between you and The Estimating Store, then you and we agree to take all reasonable steps to try and reach a resolution of the dispute directly. In the absence of any resolution then the parties agree to seek a mediation in accordance with the Mediation Rules of the Law Society of New South Wales Australia, and the President of that Law Society, or the President’s nominee, will select the mediator and determine the mediator’s hourly remuneration. Either party shall be entitled to approach the President for this purpose.

Limitation of Liability

1. To the maximum extent permitted by law, The Estimating Store shall not be liable to you or any third party under any circumstances for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by you, whether such liability arises directly or indirectly as a result of;
   1. Your use of the Site and/or Products;
   2. Any breach by The Estimating Store of its obligations under these Terms;
   3. Any breach by a third party of their obligations in connection with the Site and/or Products;
   4. Any negligent act or omission or willful misconduct on the part of The Estimating Store or a third party; or
   5. Any fault or delay arising out of or in connection with electronic delays, the Internet, the Site or the Products.
   6. Where such liability cannot be excluded, The Estimating Store’s liability shall be limited to the total Fees paid by you in the twelve (12) month period prior to the event giving rise to the liability, or AUD $100, whichever is the greater.

Indemnity

1. You agree to fully and completely indemnify The Estimating Store in respect of all claims, actions, demands, suits, loss and/or damage sustained by any person or party whatsoever caused by or in connection with or arising out of you using the Site and/or Products, whether caused by any negligent act or omission or willful misconduct on your part or otherwise, and in respect of all costs and charges in connection therewith whether arising under statute or common law on an indemnity basis.
2. You agree to fully and completely indemnify The Estimating Store against any loss or damage which The Estimating Store may incur, directly or indirectly, as a result of any breach by you of these Terms, and in respect of all costs and charges in connection therewith whether arising under statute or common law on an indemnity basis.

Confidential Information

1. For the purpose of these Terms “Confidential Information” means any information in respect of the business or affairs of The Estimating Store or its clients that is not in the public domain including, without limitation, processes and procedures of The Estimating Store, client or prospective client lists, pricing information, strategy or planning materials, documents, records, computer files, client information, product or service information, sales or financial information, discovery, invention, drawing, design, strategy, plan, data, report, process, proposal, budget, idea, concept or know how.
2. You agree, from the date of first accessing the Site and continuing thereafter;
   1. To keep all Confidential Information secret and confidential;
   2. To take all reasonable and necessary precautions to maintain the secrecy and prevent the disclosure of any Confidential Information;
   3. Not to disclose any Confidential Information to any third party; and
   4. Not to use any part of or make any note of or make copies of any Confidential Information;except as reasonably required in the ordinary and proper course of you complying with these Terms, to the extent required by law, or with the prior written consent of The Estimating Store.

Entire Agreement

These Terms constitute the entire agreement between you and The Estimating Store with respect to the Site and Products, and supersede all prior agreements, understandings, arrangements and negotiations in relation thereto.

Assignment

1. The Estimating Store may transfer, assign and/or subcontract any of the rights and obligations conferred by these Terms.
2. You may transfer, assign and/or subcontract any of your rights and obligations conferred by these Terms only with the prior written consent of The Estimating Store.

Notices

1. Any notice required to be served by one party on another pursuant to these Terms shall be given by way of email, which will be deemed to have been received at the time and on the day shown in an electronic confirmation of delivery obtained by the sender.
2. Additionally or in the alternative to service by way of email, The Estimating Store shall be entitled to serve notice on you by posting to the Site, in which event the notice will be deemed to have been received 12 hours after posting.

Governing Law

These Terms shall be deemed to have been made in New South Wales, Australia and shall be interpreted in accordance with the laws thereof. The parties submit to the jurisdiction of the courts of New South Wales and Australia.

Severability

If any provision of these Terms is contrary to, prohibited by, or held invalid under any applicable law or regulation of any jurisdiction in which it is sought to be enforced, that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions.

Waiver

Any failure by The Estimating Store to enforce any of the provisions of these Terms shall not be construed as a waiver of such provision or any other provision hereof unless expressly in writing and signed by an authorized representative of The Estimating Store.

Third Party Beneficiary

1. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
2. Notwithstanding the foregoing, the parties agree that payment card networks are third party beneficiaries of these Terms for the sole purpose of enforcing provisions related to payments. No consent is required from those third party beneficiaries for any amendments or modifications to these Terms.

Links

1. The Site may contain links to third party websites or resources.
2. You acknowledge and agree that The Estimating Store is not responsible or liable for the availability or accuracy of the same, or for the content, products or services available from such websites or resources.
3. You acknowledge that links to third party websites or resources do not constitute or imply any endorsement by The Estimating Store and you are solely responsible for choosing whether or not to engage with any third party.

Exclusion of Competitors

1. You acknowledge and agree that you must not;
   1. Allow the Products which you have purchased to be shared with or used by a third party;
   2. Use the Site or the Products in any way that competes with the business of The Estimating Store;
   3. Share the Site or the Products with any third party that competes with the business of The Estimating Store; or
   4. Procure or facilitate any third party that competes with the business of The Estimating Store using the Site or the Products.
2. If The Estimating Store considers that you have breached the provision above then, to the maximum extent allowed by law, The Estimating Store shall be entitled to bring a claim against you to recover all loss and damage suffered by The Estimating Store as a result of such a breach, including but not limited to an account of profits received by you and/or any third party and revenue lost by The Estimating Store (calculated with respect to each occasion on which the Products have been shared or used by a third party), interest, fees and expenses, and all costs incurred in such recovery on an indemnity basis.

Privacy Policy

The collection, use and disclosure of your personal information in connection with the Site and the Products will be managed by The Estimating Store in accordance with the terms of our Privacy Policy, a copy of which is located at this page.