These terms (“Terms”) apply to use by a customer or user (“you” or “your”) of the website www.archipro.com.au and any related websites, mobile apps, plug-ins and browser extensions (“Website”) operated and owned by ArchiPro Pty Ltd (ACN 620 829 361) (“ArchiPro”, “we”, “us” or “our”).
These Terms were last updated in October 2021.
1. APPLICATION OF TERMS
1.2. We reserve the right to limit, suspend or terminate your use or access of the Website at our discretion and at any time.
2. WEBSITE SERVICES
2.1. THE WEBSITE PROVIDES A PLATFORM THROUGH WHICH USERS CAN SEARCH AND CONNECT WITH PRODUCT SUPPLIERS AND PROFESSIONALS. ARCHIPRO DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR PROVIDE ANY ENDORSEMENT OR GUARANTEE IN RESPECT OF ANY PRODUCT, PROFESSIONAL OR COMPANY THAT IS LISTED ON, OR CHOOSES TO ADVERTISE THROUGH, THE WEBSITE OR IN RELATION TO ANY INFORMATION SUPPLIED IN RESPECT OF A PRODUCT, OR BY A PROFESSIONAL OR COMPANY. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN ENQUIRIES TO VERIFY INFORMATION AND ASSESS THE SUITABILITY OF ANY PRODUCT OR SERVICE OFFERED. SEE ALSO CLAUSES 6.1, 9.1(c), 11, AND 12 BELOW.
2.2. The Website offers the following services:
(a) General browsing: you may browse pages and information on the Website. These include product, project and professional pages.
(b) Inbox: where you submit any enquiries on the Website using the enquiry form, the enquiry and any responses are stored in the Inbox feature of the Website. By submitting an enquiry, a login is automatically created for you so you can access any reply and keep track of enquiries that you've sent. You also have the option to share your contact information with the company or third party you submit an enquiry to, or to keep it private and communicate only through the Inbox.
(c) Design Boards: you can create, collate and save photos or links to design boards and opt to share these with third parties (see clause 8 for additional terms applicable to Design Boards).
2.3. We may offer other services and functions on the Website which may be governed by these Terms or such other terms as determined by us. We may at our sole discretion vary these Terms at any time, effective upon posting an updated version of the Terms on the Website. When we do, we will revise the date of the Terms above. Continued use or access of the Website after any such changes constitutes your acceptance of those changes.
3.1. Access to the Inbox and Design Boards services require you to register and/or create a login with us on the Website. In connection with using these services, we may send you email communications and reminders related to your use of these services.
3.3. You are responsible for:
(a) providing true, accurate and complete information;
(b) keeping all information you use to register/create your login up to date; and
(c) protecting your username and password from getting stolen or misused.
4. ACCEPTABLE USE
4.1. You must use the Website in a manner that complies with all applicable laws and regulations.
3.2. You agree not to damage or harm the Website or any underlying network or system. You may not use the Website to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability. Examples of prohibited activity include:
(a) activity contrary to ArchiPro’s public image, goodwill or reputation;
(b) promoting or sharing any offensive or illegal activity or content;
(c) introducing or uploading viruses or other malicious code to the Website;
(d) undermining the security or integrity of our computing systems or networks;
(e) collecting, or attempting to collect, data or personal information about any other Website users without their knowledge or consent;
(f) using the Website in any way that might impair functionality or interfere with other people’s use;
(g) modifying, copying, adapting, reproducing, disassembling, decompiling, reverse engineering or extracting the source code of any part of the Website;
(h) threatening harm to persons or property or otherwise harassing behaviour; or
(i) infringing the intellectual property or other proprietary rights of others.
5. ARCHIPRO CONTENT
5.1. All intellectual property in or related to the Website (including software, source code, trademarks, logos, designs, and inventions, but excluding your Design Board Content, as defined in clause 8 below), is the property of ArchiPro (“ArchiPro Content”). You agree not to copy, distribute, modify or make derivative works of, or use, any ArchiPro Content in any way not expressly permitted by us.
5.2. To enable you to use and enjoy the Website and associated services, we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Website in accordance with these Terms. We may terminate this license at any time for any reason.
6. OTHER CONTENT
6.1. The Website enables access (including links) to third-party content, websites, products and services, and it offers interactions with third-parties that we do not control. We don’t endorse or assume any responsibility for, and we make no warranties or representations with respect to:
(a) the accuracy, completeness or timeliness of any content posted on the Website by any third party; or
(b) the offerings (whether products or services) of any third parties or the content of their websites.
6.2. You should carefully review the legal statements and other conditions of any website which you access through a link from the Website.
7.1. All images uploaded and submitted to be displayed on the Website must comply with photography licensee restrictions and must be licensed for website use. Images, text and video submitted must not in any way infringe any third party’s rights, including copyright, logos, trademark, trade names or other proprietary rights of publicity or privacy.
7.2. If you infringe copyright or other intellectual property rights of others, we may delete or prevent access to the relevant content, in whole or in part, from the Website until proven that it is rightfully allowed to be uploaded. ArchiPro may, at its discretion, terminate any profiles or accounts of users who repeatedly infringe the copyright or other intellectual property rights of others.
7.3. If you believe any material displayed on the Website infringes your copyright, please contact us to request that the matter be investigated.
8. DESIGN BOARDS
8.1. Design Boards enable you:
(a) to save images and links from other listings or pages on the Website;
(b) invite other people by entering their email addresses to collaborate on your Design Board;
(c) upload your own photos and files (e.g. pictures or proposals) into the Design Board (your “Design Board Content”); and
(d) send enquiries from within your Design Board and receive replies through the Inbox service.
8.2. You (or your relevant licensor) retain all ownership in, and are responsible for, your Design Board Content. However, you grant to us, or shall otherwise procure the granting to us of, a non-exclusive, irrevocable, transferable, sub-licensable, royalty free licence to use, store, display, save your Design Board Content on, or in connection with, the Website for the purposes of providing the Design Board service and any functions ancillary to the Design Board service.
8.3. By posting, uploading or submitting your Design Board Content on the Website, you represent and warrant that your Design Board Content:
(a) is your own work or you have the necessary permission from the author or owner of the relevant Design Board Content to use such Design Board Content in the manner contemplated in these Terms;
(b) does not violate or infringe the moral, intellectual property, privacy or other rights of any other person
(c) does not contain any virus, work, corrupt file, or other forms of malicious code or content that may harm a website or computer; and
(d) does not include any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion.
8.4. We reserve the right to remove or prevent access to your Design Board Content, in whole or part, for any reason.
8.5. Following termination or deactivation of your profile, or if you remove any of your Design Board Content, we may keep your Design Board Content for a reasonable period of time for back-up, archival or audit purposes.
8.6. To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in your Design Board Content on the Website, then you waive all such moral rights, and to the extent that such waiver is not possible, then you consent to ArchiPro making all uses, edits and modifications of your Design Board Content in its sole discretion, including, without limitation, as further described in these Terms.
10.1. While we take all reasonable measures to ensure the security and performance of the Website, we do not guarantee that the Website will be 100% secure, uninterrupted or error-free. All information on the Website is provided on an ‘as is’ basis, without warranty, representation or endorsement of any kind. Use of the Website is at your own risk.
10.2. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose. If you are using the Website as a consumer under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.
10.3. We will notify you if we become aware that the security of the Website has been compromised or that there is unauthorised access to any registration you maintain on the Website.
11. LIABILITY AND INDEMNITY
11.1. To the maximum extent permitted by law, we are not liable for any loss or damage, whether direct or indirect, and including loss of profits, loss of business or anticipated savings, general or special damages, consequential or incidental loss arising in connection with:
(a) your use of the Website or another user’s acts or omissions on the Website;
(b) the Website being unavailable (in whole or in part) or performing slowly;
(c) any errors, inaccuracies, or omissions in information on the Website;
(d) any claims made by companies listed on the Website whether stated in writing on their profile, their website or verbal claims;
(e) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website; and
(f) any site linked from the Website.
11.2. You agree to indemnify us against any claims, losses, costs (including legal costs), expenses, demands or liability relating to:
(a) your use of the Website;
(b) your breach of these Terms; and
(c) your Design Board Content that you post or make available on the Website.
This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
12. GENERAL TERMS
12.1. You may not assign any of your rights or obligations under these Terms without the prior written consent of ArchiPro. A change in your effective ownership or control will be deemed an assignment for the purposes of this clause. ArchiPro may assign, transfer, licence or subcontract any and all of its rights and obligations under these Terms by notice to you but without requiring your consent.
12.2. If any provision of these Terms is found to be invalid, illegal or unenforceable, then such provision shall be deemed to be amended to the extent required to cure such invalidity, illegality or unenforceability and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.3. No waiver of any breach of, or failure to enforce any provision of, these Terms by ArchiPro shall in any way limit the right of ArchiPro thereafter to enforce and compel strict compliance with the provisions of these Terms.
12.4. If you are using the Website for commercial purposes, you acknowledge and agree that additional terms may apply to your use of the Website, including our Terms of Service, together with any other relevant policies or documents applicable to the commercial use of ArchiPro’s online services (“Additional Terms”). If there is a conflict between the Terms of Service and these Terms, the Terms of Service prevail to the extent of any conflict.
12.5. These Terms, together with any applicable Additional Terms, set out the entire agreement between ArchiPro and you in relation to use of the Website and supersedes all prior arrangements, undertakings, representations and warranties by or between the parties in relation to the Website, whether written or implied.
12.6. These Terms are governed by, and are to be construed in accordance with, the laws of the State of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia or the Commonwealth of Australia and any courts of appeal from these courts.
12.7. ArchiPro makes no representations that the Website and its content comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.