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Terms & Conditions
The following website terms of use govern your use of AppliCad’s website. Please take a moment to read and understand them. 1) About this website This website is owned and operated by AppliCad Australia Pty Ltd ABN 98 052 127 787 ("AppliCad") under the domain names "applicad.com.au, applicad-usa.com, applicad.co.uk, stairsoftware.com and roofestimating.com" ("AppliCad website"). Your use of the services, information, text, graphics, materials and other content on the AppliCad Website ("Material on this Website") is governed by these Terms of Use and the associated Website Security and Privacy Statement. By using this website you agree to be bound by these Terms of Use. In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this AppliCad Website, parts of this Website, or to products and services offered via this Website. You will be bound by these additional terms, as applicable. 2) Links to other websites (a) The AppliCad Website may contain links to websites which are owned or operated by third parties independent of AppliCad ("Third Party Websites"). AppliCad does not sponsor, endorse or approve of the operators of Third Party Websites, or material (including services, information, graphics, or data) which is located on such Third Party Websites ("Third Party Material"). (b) The AppliCad Website may contain or link to information about special offers, deals or promotions by persons not related to or part of AppliCad ("Third Party Offers"). AppliCad does not sponsor, endorse, or approve of any Third Party Offers, or Third Party Material associated with these offers. (c) Subject to any applicable law which cannot be excluded, AppliCad makes no warranties or representations: (1) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or (2) that Third Party Material does not infringe the intellectual property rights of any person. (d) AppliCad is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material. 3) Privacy Your privacy and security is very important to AppliCad. Certain data items are collected and used by the AppliCad Website in order to provide online services. The AppliCad Website will record and track the use you make of this website. 4) AppliCad product information and product purchase and renewal 4.1 AppliCad Website content The AppliCad Website contains both information of a general nature about AppliCad and AppliCad's products and services, and also enables you to purchase and pay for some products and services online. 4.2 Completing transactions on the AppliCad Website (a) When entering into a transaction via the AppliCad Website, the transaction will not be completed until an "Electronic Instruction" (being any electronic instruction, information, message, request or communication issued or transmitted to AppliCad via the AppliCad Website) containing the acceptance from you to AppliCad's offer, or the confirmation of payment from you, whichever is applicable, has been received and processed by AppliCad, and any specific steps or requirements as set out in this clause 4, have been complied with. (b) You acknowledge that the transmission of your acceptance or the confirmation of any payment, made through an Electronic Instruction may not be received by AppliCad in accordance with this clause 4 for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems. You further acknowledge that, to the extent permitted by law, AppliCad is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the AppliCad Website, or any failure to receive an Electronic Instruction for whatever reason. 4.3 Purchasing AppliCad Services (a) Where the AppliCad Website enables you to purchase products or services online: (1) The parties may enter into an agreement using the AppliCad Website by AppliCad making an electronic offer via the AppliCad Website and you electronically communicating your acceptance of that offer via the AppliCad Website to AppliCad; (2) AppliCad may act on and process all completed Electronic Instructions transmitted or issued through the AppliCad Website without further consent from or reference to you; and (3) AppliCad may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions. (4) AppliCad receives all required details of a current and valid credit card which you are authorised to use, which is of a credit card type accepted by AppliCad, and to which AppliCad is able to charge the required fee. 4.4 Renewal payments (a) The renewal payment for certain AppliCad products can be made online with selected credit cards at the AppliCad Website. (b) The product renewal notice will indicate whether online renewal payment is available. (c) To make an online renewal payment, follow the Paypal Pay link from the AppliCad Website. (d) When making a payment for a product renewal via the AppliCad Website, you will be taken to have renewed that policy only when: (1) the Electronic Instruction containing the product number, fee amount due and credit card details, and an instruction from you to renew the policy, enters and is recorded in the relevant payment database; (2) AppliCad receives all required details of a current and valid credit card which you are authorised to use, which is of a credit card type accepted by AppliCad, and to which AppliCad is able to charge the renewal payment; (3) a record is created and stored in the payment database; (4) an AppliCad receipt number is generated by the payment system; and (5) the main AppliCad database is updated with information from the payment database. (e) The provision of products or services is conditional on AppliCad being able to successfully charge against your nominated credit card and AppliCad receiving payment of all applicable renewal amounts due for the product being renewed (either in a single payment or where permitted in instalments). (f) AppliCad, at its discretion, may or may not issue a paper confirmation of the renewal payment. The existence of a valid payment is not conditional on AppliCad issuing, or you receiving, a paper confirmation of the transaction. 5) Payments (a) All payments for any insurance products, renewals, or other services purchased via the AppliCad Website must be paid in full by clear funds by the due date specified in the relevant confirmation. (b) Unless provided for otherwise, all payments referred to in (1) above are to be made by selected credit cards. You must therefore provide to AppliCad details of your current and valid credit card, including: (1) Credit card type; (2) Name on credit card; (3) Credit card number; and (4) Expiry date. 6) Valuation tools, calculators and other features (a) The AppliCad Website may contain or make available various tools, calculation devices, software programs or other features which assist you in calculating the optimal roofing material. The AppliCad Website may also contain helpful hints or other information. (b) Whilst AppliCad has undertaken reasonable steps to ensure that any such features or information as described in (a) above are accurate and free from defect, to the extent permitted by law, which law can not be excluded, AppliCad does not warrant the accuracy, adequacy, correctness or completeness of these features. These features are provided on an "as is" basis. The monetary figures used by these features in any calculations are estimates only and do not take account of your particular circumstances. (c) In the calculation of roof quantities no wastage allowance has been included. 7) AppliCad's standard terms and conditions apply All applications for services or other products made via this AppliCad Website are subject to and must comply with AppliCad's normal approval criteria, and are governed by the normal terms and conditions applying to each product or service requested. 8) Warranties Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by law, which law can not be excluded, AppliCad does not warrant the accuracy, adequacy or completeness of Material on this Website. All information is subject to change without notice. AppliCad does not guarantee that the AppliCad Website or Third Party Websites will be free from viruses, or that access to the AppliCad Website or Third Party Websites will function as intended or be uninterrupted. All terms implied by law, except those that can not be lawfully excluded, are excluded. 9) Limitation of Liability Subject to any responsibilities implied by law and which cannot be excluded, AppliCad, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Website, to Third Party Material, third party services, or to access of the AppliCad Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. 10) Indemnity You indemnify AppliCad in respect of any liability incurred by AppliCad for any loss, cost, damage, or expense howsoever caused, or suffered by AppliCad as a result of your breach of these AppliCad Website Terms of Use. 11) Availability of the AppliCad Website (a) As electronic services are subject to interruption or breakdown, access to the AppliCad Website is offered on an "as is" and "as available" basis only. (b) AppliCad may impose limits or restrictions on the use you may make of the AppliCad Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, AppliCad may withdraw the AppliCad Website at any time and without notice to you. 12) Restrictions on use of the AppliCad Website You agree that you will not, (either yourself or through any third party): (a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process")to process, monitor, copy or extract any web pages on the AppliCad Website, or any of the information, content or data contained within or accessible through the AppliCad Website, without AppliCad's prior written permission; (b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the AppliCad Website with information, content or data accessible via or sourced from any third party; (c) use any information on or accessed through the AppliCad Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain; (d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of the AppliCad Website or any transaction or process being conducted on or through it; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the AppliCad Website; (f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the AppliCad Website; or (g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the AppliCad Website without AppliCad's prior written permission 13) No use of AppliCad Website for unrelated persons You must only use the AppliCad Website to: (a) obtain roofing quotes; (b) obtain other information relating to the price of roofing materials from AppliCad. You also agree to indemnify AppliCad in respect of any liability incurred by AppliCad for any loss, cost damage or expense, howsoever caused, suffered by AppliCad as a result of your breach of this clause 13. 14) Third party providers to AppliCad Parts of this AppliCad Website, or the provision of payment processing or other services offered via this AppliCad Website, may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use. 15) Copyright and Trademarks (a) Copyright in the Material on this Website is owned or licensed by AppliCad. (b) Except where necessary for and incidental to personally viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 or other applicable laws, no Material on this Website may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the specific written consent of AppliCad. (c) "AppliCad" is a trade mark of JR Systems Pty Limited. Third party trade marks are trade marks of the respective third parties. 16) Termination These Terms of Use and your access to the AppliCad Website may be terminated at any time by either party without notice to the other. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on liability of AppliCad, will survive any termination. Upon termination, you must not directly or indirectly access or use the AppliCad Website or any Material on this Website. 17) Acceptance and changes to Terms of Use (a) You acknowledge and accept that your use of the AppliCad Website indicates your acceptance of these Terms of Use and the Website Security and Privacy Statement. (b) These are the current Terms of Use. They replace any other terms of use for the AppliCad Website published on the AppliCad Website to date. AppliCad may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the AppliCad Website, by publishing the varied Terms of Use on the AppliCad Website. AppliCad will indicate on the AppliCad Website that these terms of use have changed, however, AppliCad is under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, AppliCad has provided you with sufficient notice of the variation. By your use of the AppliCad Website after any variation, you are taken to have accepted the new Terms of Use. 18) General (a) The law applicable to the AppliCad Website and to disputes arising out of the AppliCad Website is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and appeal therefrom. (b) Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement. (c) You may not rely on the words or conduct of AppliCad as a waiver of any right unless the waiver is in writing. In this clause, "conduct" includes delay in the exercise of any right. "Right" means any right of AppliCad arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel. 19) Linking to AppliCad Please contact AppliCad if you would like to link to any part of the AppliCad Website.
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