Acceptance of Terms of Use
Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Summit Quantity Surveyors reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Summit Quantity Surveyors, and/or its subsidiaries (referred to herein as “Summit Quantity Surveyors”) or the copyrighted property of parties from whom Summit Quantity Surveyors has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Summit Quantity Surveyors reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and requesting products or services solely through Summit Quantity Surveyors (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from Summit Quantity Surveyors does not entitle you to use any portion of Content apart from the finished Products as they are supplied to you by Summit Quantity Surveyors. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Summit Quantity Surveyors may terminate its service to customers found to be using Summit Quantity Surveyors to engage in undesirable activities. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Summit Quantity Surveyors to provide Products to you. You agree that you will be responsible for all orders placed or other actions that are taken by you on this Website.
Indemnification
You agree that you shall indemnify and defend Summit Quantity Surveyors and all parties from whom Summit Quantity Surveyors has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Summit Quantity Surveyors to do so. If those consumer guarantees apply to you, and Summit Quantity Surveyors cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Summit Quantity Surveyors: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Summit Quantity Surveyors to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Certain circumstances are beyond Summit Quantity Surveyors´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for quantity or product type, and damage to the products arising after delivery to the customer. Please correct any mistakes prior to placing your order.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUMMIT QUANTITY SURVEYORS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SUMMIT QUANTITY SURVEYORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SUMMIT QUANTITY SURVEYORS OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SUMMIT QUANTITY SURVEYORS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Summit Quantity Surveyors in connection with the operation or content of this Site shall be provided by the submitter and received by Summit Quantity Surveyors on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Summit Quantity Surveyors. By submitting any such information to Summit Quantity Surveyors, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Summit Quantity Surveyors shall be free to use such information on an unrestricted basis.
Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is Summit Quantity Surveyors. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Australia. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Australia. You agree to submit to the jurisdiction of courts sitting in Australia, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Summit Quantity Surveyors that a court sitting in Australia is an inconvenient forum for such legal action or proceeding.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.