Terms and Conditions
TERMS AND CONDITIONS OF USE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. Acceptance of Agreement. You agree to the terms and conditions as outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between SOUTHspec Publishing and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time, and from time to time without specific notice to you. The latest Agreement will be posted on the Site and you should review this Agreement before using the Site or printed copies.
2. Copyright. The content, organisation, graphics, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site or content of the Specification ( either PDF or Printed copy) except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other material viewed through the Site. The posting of Information on the Site does not constitute a waiver of any right in such information.
3. Limited Right to Use. In respect of purchase of an Electronic PDF Copy of SOUTHspec ‘Specification of Building Works’, the viewing, printing, distribution and downloading of any content, graphic, form or document from the Site is granted only on a limited licence for use solely by you for the construction nomination of the building to be erected on the land as identified by the Lot and DP number or Development Approval (DA) number and the owners name as imprinted on the Electronic PDF copy and not for republication, distribution, assignment, sub-licence, sale, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any retrieval system, electronic or mechanical, other than for the building project as identified or for use by an Appropriate Authority for processing approvals for the building on the nominated land or a DA for that project (but not for resale or distribution).
4. Editing, deletion and modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the site.
5. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including attorneys fees, related to your violation of this Agreement or use of the Site.
6. Non-transferable. Your use of the site is non-transferable. Any licence or right given to you to obtain information or documents are not transferable and may only be used by you for the project as identified in Section 3.
7. Disclaimer. The information from or through the Site and contained in SOUTHspec ‘Specification of Building Works’ is provided ‘as-is’, ‘as available’ and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of suitability and fitness for a particular purpose) the information may contain bugs, errors, problems or other limitations. We have no liability whatsoever for any information or service in particular, but not as a limitation. We are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above, are fundamental elements of the basis of the bargain between us. This Site and the Specification information would not be provided without such limitations. No advice or information whether oral or written, obtained by you from us shall create any warranty, representation or guarantee not expressly stated in this Agreement.
Notwithstanding any other provisions of these Terms and Conditions, SOUTHspec Publishing is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the designer, builder or owner for their failure to interpret, direct, identify or use required construction procedures or work necessary for the safe and correct erection of the building in conformity with the requirements of the relevant Australian Standard, the National Construction Code and necessary regulations of Appropriate Authorities.
8. Limits. All responsibility or liability for any damages caused by any virus within the electronic file containing the specification or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any service or information.
9. Use of Information. We reserve the right, and you authorise us to the use and assignment of information supplied to us for the issue of an Electronic Specification.
10. Required Information. Electronic PDF specifications are available and licenced for construction on land identified by you on our order form. The Lot number, subdivision plan, folio and/or suburb details as needed for legal land identification satisfying state Land Title requirement, including the owners name are required for the supply of the Electronic Specification. This information will be imprinted on pages of the specification and link the specification to that project only as identified by the legal information supplied and the Owners name. No responsibility will be accepted by us in respect of incorrect information or entries supplied or entered by you.
11. Payments. You represent and warrant that if you are purchasing specifications from us that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including postage costs and applicable taxes.
12. Links to Other Web Sites. The site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the Web site by us. If you leave our Site and access these third-party sites, you do so at your own risk.
13. Submissions. All suggestions, notes, ideas, concepts and other information you may from time to time send us (collectively “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
14. These terms and Conditions apply also to printed copies of 'Specification of Building Works' as amended or revised. The content of Clauses 1, 2, 4, 5, 7, 10, 11, 13, and 15 apply equally to your use of printed copies.
15. Return Policy. Due to the nature of our online Site and the types of Specifications as supplied, SOUTHspec Publishing does not have a return policy in respect of the Electronic Specification or Hard Copy Specification sales.