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Terms of service

This website located at www.esti-mateelectrical.com.au (referred to in these Terms of Service as the Website) is owned and operated by Esti-Mate Electrical Pty Ltd ACN 649 621 027 ABN 98 649 621 027 (Esti-Mate Electrical, “we”, “us” or “our”).

Access to the Website is available is conditional on your acceptance without alteration of the terms and conditions set out below (Terms of Service). By continuing to access the Website you are agreeing to these Terms of Service.

 

(1) Definitions

The following words have the corresponding meanings given to them:
‘Billing Address’ means the billing address for each User of the Website.
‘Billing Information’ means any information a User provides to allow us to bill for use of the Website, including but not limited to the Billing Address and the Payment Method.
‘Default Rates’ means the default settings provided by us for labour unit rates or the cost of physical materials or goods.
‘Fees’ means the fees and charges for your access to and use of the Website payable under these Terms of Service.
‘Payment Method’ means the payment method used to pay the Fees.
‘Services’ means the functionality provided to a User through the Website, including cloud based software as a service for the purpose of estimating the supply of electrical goods and services for use in a tender or quotation.
‘Subscription Level’ means the subscription level applicable to the User which grants a specific level of functionality to the Website to the User.
‘User’ means a registered user of the Website.
‘User Name’ means the user name by which a User accesses the Website.
‘User Content’ means all information or data input into or uploaded to the Website by a User, including User generated calculations and assumptions used for the purpose of creating tenders or quotations.
‘We, Our or Us’ (whether capitalized or not) means Esti-mate Electrical Pty Ltd ACN 649 621 027 ABN 98 649 621 027.
‘Website’ means the website located at the url: https://www.esti-mateelectrical.com.au
‘Visitor’ means a visitor of the Website who is not a User.
‘You or your’ (whether capitalized or not) means a User or a Visitor or both depending on context.

 

(2) Registration

(a) You must register as a User at the relevant Subscription Level in order to obtain access to the functionality of the Website.
(b) When you register as a User, you agree:

(i) to provide us with accurate, complete and current registration information and Billing Information;
(ii) you are, or you are duly authorized to act on behalf of the User;
(iii) you will update us if any part of the Billing Information changes;
(iv) you authorize us to assume that any person using the Website with your user name and/or password is either you or is authorized to act on your behalf;
(v) you agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware;
(vi) you may cancel your registration at any time by notifying us.

 

(3) User content

(a) You may upload User Content to the Website provided that you comply with these Terms of Service.
(b) If you upload User Content to the Website then you acknowledge and agree that:

(i) you own or have the right to use the User Content and are not infringing any third party’s rights in your use of the User Content;
(ii) you grant us a limited, worldwide, non-exclusive licence to use the User Content for the purpose of providing the Services to you and any related purpose;
(iii) you will not upload any virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

 

(4) Fees

(a) Fees are payable monthly in advance at the relevant Subscription Level which you have selected.
(b) All Fees quoted are exclusive of goods and services tax (or any equivalent sales tax), unless we tell you otherwise.
(c) We may also charge you (in addition to the Fees) for additional costs incurred by us due to the Payment Method you have selected (e.g. credit card processing fees).
(d) If you fail to pay any amount owing to us when due, we may suspend your access to the Services until we receive payment in full.
(e) If you cancel during a month, then you will not be refunded any Fees for the remainder of the month which have been paid for in advance and your access to the Website will terminate at end of the month for which Fees have been paid.
(f) If you increase your Subscription Level at any time, then you will be charged an additional amount to cover the increased level of the Subscription at the time you give us notice of the change in Subscription Level. The higher Fees for the Subscription Level will be payable from the next monthly billing cycle.
(g) If you decrease your Subscription Level, then you will pay the reduced Fees at the commencement of the next billing cycle.
(h) We may vary the Fees from time to time by 30 days written notice to you. If you do not agree to the variation of the Fees, you may cancel your registration and clause 4(e) will apply.

 

(5) Billing

(a) You must provide us with up-to-date Billing Information.
(b) It is your responsibility to update your Billing Information if there are any changes in your Billing Information prior to the date of the change.
(c) You acknowledge that if the Billing Information is incorrect and we are not able to charge the Fees when they fall due, we may contact you by either email, phone or some other method to assist you to update the Billing Information and charge an administration fee to cover our costs of doing so.

 

(6) Payment Method

(a) You may choose to pay the Fees using one of the Payment Methods provided to you.
(b) The Payment Method may require use of a third party service provider which we provide access through our Website.
(c) Whilst every care is taken to provide you with the Payment Method to assist you to pay the Fees, your use of the third party service provider providing the Payment Method is at your risk and we disclaim all liability and loss associated with your use of the Payment Method.

 

(7) Acceptable Use of the Website

(a) Access to the Website is solely for Users to be able to access and use the Services. You may not use the Website for any other purpose.
(b) Your use of the Website is solely at your own risk and subject to these Terms of Service.
(c) In using the Website and accessing the Services, you must not:

(i) violate any applicable laws;
(ii) impersonate any person;
(iii) conduct any systematic or automated data extraction and data harvesting on or in relation to the Website.
(iv) you may not use any device, software or routine intended to damage or interfere with the proper working of the Website or surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from the Website, and you must not take any action which imposes any unreasonable or disproportionately large load on our infrastructure.

(d) You must not modify or copy:

(i) the layout of the Website; or
(ii) any computer software and code contained in the Website.

(e) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by the Website.
(f) The Services and the Website are provided solely for the use mentioned 5(a) in this clause and may not be used for any other purpose without our without our prior written consent.

 

(8) Links to other websites

(a) This Website may contain links to sites on the Internet owned and operated by third parties and which are not under our control.
(b) In relation to the other sites on the Internet, which are linked to the Website, we:

(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) are not responsible for the material contained on those linked sites.

 

(9) Disclaimer

(a) We do not warrant, guarantee or make any representation that:

(i) the Website, or the server that makes the site available on the Internet are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
(iii) the Default Rates are indicative of the actual cost for labour or physical goods or materials applicable to your circumstances; and
(iv) errors and defects in the Website will be corrected.

(b) We are not liable to you for:

(i) errors or omissions in the Website, or linked sites on the internet;
(ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites;
(iii) any reliance by you on the Default Rates for the purpose of preparing a tender or quotation; and
(iv) defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause. (c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
(d) Subject to clause 10(b), we expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and are not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or any linked sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

(10) Limitation of liability

(a) To the fullest extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

(i) if the breach of an implied warranty or condition relates to services:

(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again; and

(ii) if the breach of an implied warranty or condition relates to goods:

(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of such goods; or
(C) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

(b) These Terms of Service are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations. The contractual rights you may be entitled to under these terms and conditions are in addition to the statutory rights you may be entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

 

(11) Termination of access

(a) We may terminate access to the Website immediately if:

(i) you breach these Terms of Service; or (ii) you fail to pay the Fees or any outstanding amounts when due for payment.

(b) We may terminate access to the Website on 30 days written notice if:

(i) we cease to operate the business of running the Website; or (ii) for any other reason.

(c) We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website under this clause.

 

(12) Alteration of Terms of Service

Except in relation to any changes in respect of the Fees, we reserve the right to change these Terms of Service by uploading the amended Terms of Service to our Website.

 

(13) Intellectual property rights

(a) All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks.
(b) All other trade marks or service marks on this Website are the property of their respective owners.
(c) You acknowledge and agree that all intellectual property rights in the Website and Services (except the User Content) are owned or licensed by us and that you will not make any claim in respect of the such rights.
(d) You must obtaining written permission before reusing any copyrighted material that is published on this Website except where used for the purpose set out in clause 7(a).
(e) Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

 

(14) Relevant jurisdiction

(a) If any part of these Terms of Service is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Service and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms of Service will be governed by and interpreted in accordance with the law of Victoria of Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of Victoria of Australia to determine any dispute arising out of these Terms of Service.

 

(15) Privacy policy

(a) Our privacy policy, which sets out how we will use your information, can be found on our Website.
(b) By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate. You agree that we may store and use any information you provide for use in maintaining and administering your User account.
(c) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and (ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(d) Please refer to our full privacy policy for details of how we collect, store and use your personal information.