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Before registering for Construction Connect you must read and agree to the following Usage Policy.To proceed click on the button at the bottom of the page.
Usage Policy
By and between Construction Connect and their registered members, who henceforth shall be referred to as "Members". The parties agree to the following, which shall apply throughout the term of this agreement: 1. DEFINITIONS A. "Membership" shall refer to services offered by Construction Connect. B. "Members", as mentioned above, shall refer to the end user who is utilising the web services provided by Construction Connect. 2. PRICES All prices for Membership provided by Construction Connect to its Members are in Australian Dollars. Members must pay for services provided by Construction Connect in Australian. Dollars. 3. MEMBERSHIP ACCEPTANCE AND PAYMENT A. All Memberships are subject to acceptance by Construction Connect. An membership will be deemed accepted when written (email) confirmation of the membership is sent to the Member. Construction Connect may refuse to accept, or delay for any period of time, any membership for any reason. B. Payment and Terms: Payment shall be made to Construction Connect in Australian dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card. Payment for services shall be made by Credit card payments and will occur automatically at time of registration. Members will be prompted for the re-registration fees just prior to their account expiring. Construction Connect may discontinue, withhold, or suspend services to the Customer should they not renew their membership. C. Cancellations of service can be made via email or phone. No unused portion of the member fee will be refunded. D. Should any Customer attempt a charge back for services knowingly purchased from Construction Connect, Construction Connect shall immediately shut off services for that Customer and will pursue full legal recourse against the Customer to recoup any and all losses. If a charge back occurs as a result of Customer error, a $40 fee will be assessed on top of the full charge back amount. On a second attempt at a charge back, Construction Connect shall immediately discontinue services to the Customer and pursue full legal recourse to recoup any and all losses, and future services to the Customer shall be denied. E. Setup fees, for any membership, are not refundable, regardless of the length of time the membership is used by the Customer. F. Should a Customer follow standard procedures and cancel membership with Construction Connect, they are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a daily rate, depending on the Plan that was ordered. "Free Months" are not taken into account when calculating a refund. G. The member is responsible for providing Construction Connect with the proper and correct Payment Information. Any and all fees incurred due to incorrect Payment information are the sole responsibility of the member. H. Construction Connect is not responsible for the Members' failure to use the services offered by Construction Connect. The Member has the right to cancel the services they have purchased at any time. I. For Sale ads which are to be placed on this site are not for business or self promotion. Ads are to be for building materials only and relevant to their chosen category. Building materials are to be excess stock, second-hand, slow-moving stock, or seconds so are therefore to be advertised at a discounted cost to retail prices. Construction Connect reserves the right to remove any inappropriate ads immediately without notification. 4. LIMITATION OF CONSTRUCTION CONNECT'S OBLIGATIONS AND LIABILITY A. Construction Connect will utilise its best efforts to maintain acceptable performance of services contracted for, but Construction Connect makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Construction Connect cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Construction Connect will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Construction Connect shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Construction Connect. B. Construction Connect may discontinue servicing any membership, or may require fulfillment of conditions Construction Connect may choose to impose as a prerequisite for continuing to service any membership. Construction Connect agrees to provide Customer with reasonable notice via email or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to Construction Connect. The following activities are specifically not allowed by Construction Connect and will result in IMMEDIATE account termination: placing of inappropriate ads, Placing of ads with distasteful content, The placement of hyperlinks within ad contents that have not been cleared by construction connect, or any sites promoting or participating in ILLEGAL activities. C. Construction Connect's liability to members, and any end user of any membership or other Construction Connect services is limited to the amount paid to and received by Construction Connect for services not accepted. In no event shall Construction Connect be liable to members, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Construction Connect has been advised of the possibility of such damage. D. Members will take all necessary measures to preclude Construction Connect from being made a party to any lawsuit or claim regarding Construction Connect services provided to any Customer or end user. Members hereby agree to indemnify and hold harmless Construction Connect from any and all claims of whatever nature brought by any of it members against Construction Connect in excess of the remedy set forth in paragraph 4(C). E. While Construction Connect provides backup services, and makes every effort to ensure its services are always available. It is not guaranteed that these services will be available as there are unknown issues that may arise preventing access to the services. 5. PROPERTY RIGHTS Construction Connect owns all rights, titles and interests in Construction Connect's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of its services and of the hardware and software systems and resources necessary to provide the membership service elements of which they consist. This agreement does not constitute a license to members to use Construction Connect's trade names or service marks. The use by members of the other property rights mentioned here is authorized only for the purposes of marketing and selling memberships. 6. CONFIDENTIALITY Members acknowledge that by reason of its relationship with Construction Connect hereunder, it may have access to certain information and materials relating to Construction Connect's business, plans, customers, software, and marketing strategies that is confidential and of substantial value to Construction Connect, which value would be impaired if such information were disclosed to third parties. Members agree that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Construction Connect. Members further agree that they will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the member of any such confidential information in its possession, and all confidential materials shall be returned to Construction Connect or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Construction Connect shall be entitled to injunctive relief, which relief shall not be contested by the member. 7. RELATIONSHIP OF THE PARTIES The relationship between Construction Connect and Members is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Members have no authority, apparent or otherwise, to contract for or on behalf of Construction Connect, or in any other way legally bind Construction Connect in any fashion, nor shall Members be authorized to make any representations about Construction Connect or its services other than to set forth Construction Connect's responsibilities as outlined in this agreement. 8. ENTIRE AGREEMENT; MODIFICATIONS This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Construction Connect may make changes to this agreement from time to time, advising of the change and the effective date thereof. Utilization of Construction Connect services by members and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). 9. ACCEPTANCE OF TERMS BY CLICKING ON THE "AGREE" BUTTON BELOW, AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
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© Construction Connect 2008. Last updated: 18/09/2008