1. Introduction
1.1 These terms and conditions (Terms) are entered into between Checkspec Pty Ltd (ACN 688 767 642) (we, us or our) and you, together the Parties and each a Party.
1.2 We provide an AI-based tool that provides guidance on building structures and components based on industry standards and best practices, including barcode scanning functionality for compliance verification of building materials (Platform).
1.3 You are accessing the Platform as an authorised user of the account holder who is our client (Account Holder). If the Account Holder’s agreement with us is suspended or terminated for any reason, your access to the Platform will also be suspended or terminated.
2. Acceptance and Platform Licence
2.1 By clicking on “I accept” (or similar button or checkbox) or by using or accessing the Platform, you accept these Terms.
2.2 We may amend these Terms at any time, by providing written notice to you. By accepting or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.
2.3 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.4 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- (a) anything that would constitute a breach of an individual’s privacy…
- (b) using the Platform to defame, harass, threaten, menace or offend any person…
- (c) tampering with or modifying the Platform…
- (d) using data mining or similar tools…
- (e) facilitating or assisting a third party to do any of the above acts.
3. Access to the Platform
- 3.1 You may be required to register on the Platform…
- 3.2 All personal information you provide to us will be treated in accordance with our Privacy Policy.
- 3.3 You agree not to share your login details…
- 3.4 You are responsible for keeping your login details secure…
4. Our Intellectual Property
4.1 You acknowledge and agree that any Intellectual Property or content available on the Platform… will remain vested in us or our licensors.
4.2 We authorise you to use Our Intellectual Property solely for your personal use…
4.3 You must not, without our prior written consent:
- (a) copy any of Our Intellectual Property;
- (b) reproduce, distribute or publish it to a third party;
- (c) breach any intellectual property rights connected with the Platform…
5. Warranties
5.1 You represent, warrant and agree that:
- (a) you will not use our Platform in any way that competes with our business;
- (b) there are no legal restrictions preventing you from entering into these Terms;
- (c) information you provide is true and correct;
- (d) you have not relied on any representations not stated in these Terms.
6. Liability
6.1 Despite anything to the contrary…
- (a) neither Party will be liable for Consequential Loss;
- (b) liability reduced proportionately…
- (c) we will have no Liability towards you…
7. Access
- 7.1 We may revoke your access to the Platform with 30 days’ notice.
- 7.2 If we suspect breach of Terms… suspension or termination may apply.
8. General
- 8.1 Assignment requires written consent.
- 8.2 Disputes require mediation before court action…
- 8.3 Force Majeure applies.
- 8.4 Governing law: New South Wales.
- 8.5 Notices must be in writing to registered contact details.
- 8.6 Severance applies if a provision becomes invalid.
9. Definitions
- 9.1 Consequential Loss includes… loss of profit, revenue, business, goodwill, data etc.
- 9.2 Intellectual Property Rights means… patents, copyright, trademarks, trade secrets etc.
- 9.3 Liability means… any loss, claim, cost, damage etc., howsoever arising.
For any questions or notices, please contact:
Checkspec Pty Ltd (ACN 688 767 642)
Email: info@checkspec.com.au
