Terms and Conditions
1. Use of the Site
(a) These terms and conditions (Terms and Conditions) relate to this website (Site) and all websites operated by Vision 2 Estimating Pty Ltd (ACN 640 420 604) and its related entities (V2E), and V2E’s provision, via the Site, of:
(1) any information relating to a design, or representation made on the Site in connection with services offered by V2E in relation to the design, preparation and delivery of, the structural design of complete build projects and components of build projects, including the design of roof truss, structural beams, lintels, bracing and similar products (Design); or
(2) any estimate prepared and delivered by V2E or any representation made on the Site in connection with services offered by V2E in relation to the estimation of (Estimation):
(A) material quantities required to complete a build;
(B) price of a build; and
(C) build time, to each person who visits, accesses or uses the Site (Visitor).
(b) Any Visitor:
(1) may use the Site only for lawful purposes and in accordance with these Terms and Conditions;
(2) may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; and
(3) may not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
(c) V2E may, at its sole discretion, elect to suspend or terminate access to or use of the Site to anyone who violates these Terms and Conditions.
2. Intellectual Property
(a) All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of V2E or its licensors and is protected by international copyright laws.
(b) The trademarks, service marks, and logos (Trademarks) displayed on the Site are the Trademarks of V2E or its licensors and may not be used without the prior written consent of V2E or its licensors.
(c) The Visitor indemnifies V2E against any loss, costs, expenses, claims or damages for or in relation to loss of revenue, profits, savings, chance, business opportunity, goodwill or reputation, including in relation to or as a consequence of the Visitor breaching the above clause 2.
3. Third-Party Link
The Site may contain links to other sites. V2E is not responsible for the privacy practices or content of these other sites. We encourage users of the Site to be aware when they leave the Site to read the privacy statements of any other site that collects personally identifiable information.
4. Privacy, Disclosure and Consent
The privacy policy sets out the practices of V2E regarding the collection, use, and disclosure of personal information through the Site (Privacy Policy). The Privacy Policy is available on the Site.
5. Shortage event
(a) A shortage event occurs in circumstances where V2E has been engaged by a Visitor to provide the Visitor an Estimation in accordance with the terms agreed by the parties in relation to provision of such services, which may include the following components:
(1) the expected time for the Visitor or its contractor or agent to source materials, supplies, goods or services (Estimated Time Frame);
(2) the expected availability for the Visitor or its contractor or agent to source materials, supplies, goods or services (Estimated Availability);
(3) the expected cost of the Visitor or its contractor or agent to source materials, supplies, goods or services (Estimated Cost);
(4) the estimated material count in the bill of quantities or the bill of materials prepared in relation to the provision of the services provided by V2E (Estimated Count); or
(5) the size or design of the structural member that forms part of the product delivered to the Visitor by V2E (Structural Member),
to be used by the Visitor and/or the Visitor’s builder in connection with a building project or contract, and the Visitor, the Visitor’s related bodies corporate and/or any builder engaged by the Visitor or its related bodies corporate are unable to acquire or source any materials, supplies, goods or services within the Estimated Time Frame, Estimated Availability or Estimated Cost for any reason whatsoever which is outside of the control of V2E, including as a result of supply chain events (including unexpected substantial price fluctuations or availability changes), natural disasters, governmental or societal actions or economic or political unrest and as a consequence the Estimated Time Frame, Estimated Availability or Estimated Cost is no longer accurate (Shortage Event).
(c) If the Visitor relies on the Estimated Time Frame, Estimated Availability or Estimated Cost, to the maximum extent permitted by law the Visitor releases V2E from any claim, liability, damage, loss or cost suffered or incurred by the Visitor caused by or relating to a Shortage Event.
(1) the Estimated Count and the Visitor confirms that it is the responsibility of its builder to check and verify the Estimated Count; and
(2) the Structural Member and the Visitor acknowledges and confirms that all structural designs provided by V2E are subject to verification and confirmation by a certifier and/or engineer engaged by the Visitor prior to construction.
(b) V2E is not responsible for any loss or cost suffered by the Visitor as a result of:
6. No representations
(a) To the maximum extent permitted by law, V2E makes no representation or warranty, either expressly or impliedly, with respect to the accuracy, completeness or reliability of any content available or accessible on the Site whatsoever, including without limitation:
(1) any marketing material;
(2) any information or statements relating to V2E’s provision of Designs or Estimations;
(3) any statement relating to an Estimated Time Frame, Estimated Availability or Estimated Cost;
(4) any forward looking statement or forecast; or
(5) any statement made in connection with any marketing material, a Design or Estimation or forward looking statement or forecast,
(together, Statements).
(b) Any Statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond the control of V2E and are subject to the terms of engagement between V2E and the Visitor to provide a Design or an Estimate.
(c) The Visitor acknowledges clause 5(b), and that any Statements are general in nature and are provided as an approximate guide only, which should be supplemented by the terms of engagement between V2E and the Visitor to provide a Design or an Estimate.
7. Amendments
(a) At any time V2E may in its absolute discretion make changes to these Terms and Conditions, and any policies including without limitation the Privacy Policy.
(b) The Visitor will be subject to the Terms and Conditions made available on the Site at the time the Visitor accesses the Site.
(c) If the Visitor proceeds to engage V2E in a Design or Estimate, the Visitor will rely solely on the terms of that agreement.
8. Application of Terms and Conditions
(a) These Terms and Conditions are governed by the laws of South Australia, Australia. The Visitor irrevocably submits to the exclusive jurisdiction of the courts of South Australia and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them. The Visitor may not object to the jurisdiction of any of those courts on the grounds that it is an inconvenient forum or that it does not have jurisdiction.
(b) Any quotation provided by V2E is not an offer to sell or supply a Design or Estimation.
(c) By registering for, accessing, browsing or otherwise using the Site, the Visitor agrees and acknowledges that it has, and in all circumstances is deemed to have read, understood, accepted and be bound by these Terms and Conditions.
(d) Nothing in these Terms and Conditions constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally or equitably except as expressly stated in the Terms and Conditions.