TERMS

ARCHiQUOTES terms & conditions of use.

These terms and conditions of use (“Terms”) explain the provisions relating to your use of our website (“Website”), which is available at http://www.archiquotes.com.

Please read these Terms carefully before using our Website as, once you use our Website services, you will be regarded as having read and agreed to these Terms.

In these Terms, “our”, “us” and “we” refer to ARCHiQUOTES, while “user”, “you” or “your” refer to any person that accesses and uses this Website.  A “client” means any user that requests a service through the Website.  A “professional” means any user that offers a service through the Website.

Headings within these Terms are for reference purposes only and in no way construe, define, describe or limit the scope or extent of any section.

If you are uncertain about any aspect of these Terms or have any complaints, notices, queries or questions regarding our relationship with you, please contact us by emailing info@archiquotes.com, or by using our contact form.  Our reply will be sent to the email address that you use or provide on any such occasion.

General

You must not use our Website services if you do not accept these Terms.  If you breach any of these Terms, your right to access and use our Website shall cease immediately.  If we fail to act with respect to a breach of these Terms by you or others that does not waive our right to act with respect to similar or subsequent breaches.  You are not permitted to use our Website if you have an account which has been suspended or terminated.  If you wish to register with our Website as a business entity, you must have the authority to bind that entity to these Terms.

These Terms establish an agreement between us and you, in relation to their subject matter.  These Terms also supersede any previous arrangements, communications and/or representations, either oral or written, with the exception of fraudulent misrepresentation.  In this regard, you agree that no reliance shall be placed upon any explanation, information or representation given by any party outside these Terms.

In the event that any clause, sub-clause, paragraph, provision or sentence of these Terms is held to be invalid or unenforceable, such item will be removed but the remaining items will remain enforceable.  You agree that we may assign, sub-contract or transfer any of our rights under these Terms without your consent.  You are not entitled to assign, sub-contract or transfer any of your rights under these Terms without our consent.  No agency, employee-employer, franchisor-franchisee, joint venture or partnership relationship is created or intended by these Terms and you are an independent contractor from us.

You must agree to indemnify and hold us and every member of our organisation, harmless from any claim, cost, damage, demand, expense, liability and/or loss, including legal expenses and fees, due to or arising out of your breach or alleged breach of these Terms, or your violation or alleged violation of any regulation or law or the rights of any third party, including other users.

Except as established in these Terms, a person that is not party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any items contained herein.  However, this does not affect any remedy or right of a third party that is established within these Terms or which exists or is available apart from the Contracts (Rights of Third Parties) Act.

Service

We provide an independent online service that acts as a contact point for clients and building design professionals such as architects, architectural technicians, interior designers and landscape architects.  For clients, the intention of our service is to provide a selection of design-led professionals in a manner that saves both time and money.  For professionals, our service seeks to supply an affordable, efficient and reliable source of new projects.

We cannot be held responsible for anything that happens as a result of contacting another user.  You are completely responsible for selecting users with whom you discuss or conduct a transaction and for negotiating and agreeing the terms and conditions of any such transaction.  In the event that contact is established between you and another user, you should communicate directly with that user in order to:

• ask the other user any appropriate questions;

• determine the quality of information provided by the other user;

• evaluate the ability of the other user to legally offer and/or provide services in the relevant project country;

• gauge the suitability of, or potential risks involved, with the other user and of carrying out a transaction with them;

• verify the identity of the other user.

Should you choose to contact another user through the Website, any further communication with, disclosure of information to, agreement entered or transaction made with that user is entirely at your discretion and a matter for which you are solely responsible.  Therefore, any discussion, agreement and/or transaction between you and another user will be judged to have taken place outside the Website, without the collaboration of, or any recourse to, us.

Our Website is provided in good faith but we cannot and do not warrant the accuracy, completeness, legality, quality, safety or truth of the content, information or postings that it contains.  We have limited control over the services requested and offered but no control over the services provided or paid for.  Similarly, we have no control over the ability of users to request, provide or pay for a service.  The information provided on our Website does not constitute any form of advice, endorsement or recommendation of any individual, company, firm, practice or user.  There is a possibility that you will find information provided by other users to be deceptive, harmful, inaccurate, misleading and/or offensive.  In addition, there is a risk that you may deal with underage persons or people acting under false pretences.  By using our Website you agree to accept all such risks and agree that we cannot be held responsible for acts or omissions of users on or outside our Website.

We may, at our discretion and without being legally obligated, investigate complaints made known to us by users, discuss purported issues with any or all parties involved and take any action that we consider necessary.  Should you ever have any action, claim or right against any other user as a result of that user using or misusing our Website, or due to the behaviour of another user outside our Website, you agree to pursue such action, claim or right independently of and without recourse to us.  You also agree that in such an event you will not hold us accountable, but release us and every member or our organisation from and against any claim, cost, damage, demand, expense, liability or loss, including legal fees and expenses, that may arise from or be in any way connected to such action, claim or right.

We give no warranty as to the continuous, secure or uninterrupted availability of our Website.  We also reserve the right to restrict, suspend or terminate your access to our Website at any time, without further obligation or responsibility on our part.  Additionally, we reserve the right to add, amend, delete, edit, modify and remove any content, data, information or material on our Website without notice, responsibility or further obligation on our part.  Furthermore, we may discontinue, modify or suspend all or part of, either permanently or temporarily, the Website or our services, or terminate these Terms without notice, responsibility or further obligation on our part.

Legality

You must accept all responsibility for the legality of your actions on our Website, in accordance with the laws and regulations that are applicable to you.  You must not post any request, profile or other information on our Website or undertake any activity that may cause us or another user to violate any applicable law or regulation.  You must also agree to comply with all laws and regulations applicable to any offer, payment, provision and/or request for or of a service resulting from your use of our Website.  You must never presume the legality of any offer, payment, provision and/or request for or of a service referred to on our Website.  Further, you should never presume that any such offers, payments, provisions and/or requests will be harmless to people or property.  Never assume that you are allowed to do what other users do, even if you have been successful in conducting similar transactions in the past.

Your country of residence, the relevant project country and/or the country of any user that you deal with may have laws that are applicable to your actions in relation to our Website.  The Laws of any of these countries might also govern your communications and transactions with other users, despite what you may agree with us or another user.  Any such laws may govern the services that can be legally offered, paid for, provided and/or requested.

Permissions

You are not permitted to use our Website:

• in any fraudulent or unlawful manner;

• in a way that infringes any third party’s confidence, copyright, patent, trade mark, trade secret or other proprietary rights or any other rights of publicity or privacy;

• to abuse, embarrass, defame, harass, harm, intimidate, libel or threaten another person, or in a way that is invasive of another individuals privacy or is abusive, damaging, defamatory, hateful, inappropriate, indecent, menacing, objectionable, obscene, offensive or unacceptable, as determined by us;

• to contact a client listed on our Website for the purpose of offering other services, or for any other reason;

• to make a posting on our Website without the intention of receiving and/or paying for the requested service, or to be put in contact with professionals for any other reason;

• to transmit or post any chain letters or any material for the purposes of advertising, general publicity and/or promotion;

• in a way that creates liability for us, prejudices our rights or reputation or causes us to lose, in part or in whole, our users or their services, internet service providers or other suppliers;

• to copy, create derivative works from, distribute, modify, publicly display or reproduce any content from our Website without our prior written permission and, if appropriate, that of any relevant third party;

• to extract or re-utilise substantial parts of our Website or make systematic and repeated extractions or re-utilisations of insubstantial parts of our Website;

• to link directly or indirectly to, or include descriptions of, goods or services that may be inappropriate for our business or those of our users, as determined by us, or that you do not have the right to link to;

• to request or offer to provide any activities or services that may be inappropriate for our business or those of our users, as determined by us.

Interference

You must not interfere with the Website postings of any other user.  Also, you must not manipulate the price of any offer, request or transaction on our Website.  Without limitation, you must not interfere with our Website:

• in a way that damages, disrupts, interferes with or imposes an unreasonable or disproportionately large burden on our communications and technical systems, as determined by us;

• in a way that exposes us or any other users to computer viruses, macro viruses, trojan horses, worms or anything else designed to disrupt, interfere or interrupt the normal operation of a computer;

• in conjunction with any automated data mining, process, program, robot, software, spider, trawling, web crawler or other ‘screen scraping’ process, program, software or system;

• through the use of any measures that avoid or bypass systems we may have in place to prevent or restrict access to our Website;

• to access, expropriate or intercept any data, personal information or system without authority;

• to amend, check, confirm, create, modify or update the account information of another user;

• to amend, modify, reverse engineer or tamper with any part of our Website;

• to make any offers, payments, postings, profiles or provide a service through our Website under false pretences or in order to mislead any other user;

• to offer the provision of a service when you are the client requesting that service, or employ or encourage any other person to do so on your behalf.

Registration

It is not mandatory for a user to register with us in order to use our Website, but it is free and an enhanced service is made available to the clients and professionals that do so.  If you choose to register with us, you must provide an email address and password as part of the registration process.  You must accept responsibility for all actions taken under that email address and password on our Website and you are only permitted to login to the Website using your own email address and password.  You must take every reasonable precaution to keep your email address and password safe, and you should not disclose your password to any other person.  Also, you must not permit any other person to use your email address or password in order to access our Website.

Others

Whether you are a client or a professional you must agree to respect any personally identifiable information relating to other users that you obtain through our Website or communications or transactions with us.  Specifically, you may only use the personally identifiable information of another user:

• for any other purpose when such user expressly agrees after adequate disclosure of the reason(s);

• for using services offered or requested through our website;

• for your genuine participation in transactions resulting from contacts established through using our Website and never for unsolicited commercial messages;

• in accordance with any applicable laws and regulations.  This includes, without limitation, data protection and privacy laws.  Also, you are prohibited from disclosing personally identifiable information about any other user to a third party without the consent of the relevant user and only after adequate disclosure of the reason(s) to such user.

In all cases, you must give other users an opportunity to easily unsubscribe themselves from any database or list in which you hold their information.  You must also provide them with a facility to review any information that you have collected about them.  Be aware that criminal or regulatory authority personnel may be assigned different rights in relation to the access of personally identifiable information.

Clients

Clients must not use our Website to request or pay for any services that are illegal or contravene any applicable law, regulation or court order or services that would be harmful to any person or property.  If, as a client, you submit a posting to our Website you must be legally entitled to receive and pay for each and every service requested within the posting.  Any posting that a client submits to our Website must include all the conditions and/or information relevant to suitable professionals that may review the posting.  A posting may only contain information and other content relating to the provision of the service being requested, and clients must accept responsibility for ensuring that they have the authority to use all the information contained in any posting that they make.  Also, each posting must be listed in or refer to appropriate categories.  We do not accept any responsibility for the selection or appropriateness of categories or whether they will enable a client to be put in contact with any suitable professionals that are near to them and within a reasonable period of time, or at all.  Additionally, we do not warrant the availability or existence of suitable professionals on our Website at any time, or that a client will be able to establish contact with a professional or that a client will be able to agree upon a transaction or receive any service that they request.

Professionals

Professionals must not use our Website to offer or provide any services that are illegal or contravene any applicable law, regulation or court order or services that would be harmful to any person or property.  Professionals must also provide their services in a manner that is consistent with the information they provide.  As such, professionals must describe all the conditions and/or information relevant to the provision of their services to every client they seek to secure work from.  When responding to a project posting made by a client, professionals may only provide information and other content relating to the provision of the service being requested.  Professionals must also accept responsibility for ensuring that they have the authority to use all the information contained in any response that they make to a client posting.  We do not guarantee that professionals will be able to contact any suitable clients that are near to them and within a reasonable period of time, or at all.  Additionally, we do not warrant the availability or existence of suitable clients on our Website at any time, or that a professional will be able to establish contact with a client or that a professional will be able to agree upon a transaction or receive payment for any service requested, offered or provided.

Fees

There are no joining fees or subscription payments involved in using or registering as a member of our Website, and we do not charge any commission on the work that professionals do.  However, you must accept responsibility for any costs involved with accessing our Website, receiving communications from us (such as emails and mobile telephone messages) and communicating with other users.  If you decide to access project contact details for any project posting displayed on our Website, you must also agree to pay the fees that we charge for this.  The fees that we charge you for accessing contact details will always be displayed before any payment is processed.  Our fees are payable in Australian dollars, Canadian dollars, Euros, New Zealand dollars, Pounds sterling, United States dollars or South African rand.  We may change our fees at any time and any such change will become effective immediately.  Value added tax and other taxes may apply to any transactions that you make with us, regardless of whether you are a business or not.  Professionals are responsible for paying all the fees and any associated taxes that are charged in connection with using our Website.  You agree that we may issue you with invoices in electronic format by email or by other means.

Liability

We or any member of our organisation cannot be held liable in any way, including liability for negligence, owing to acts or omissions of users, providers of internet or telecommunication services or for failures or faults in equipment or networks.  Our editorial control does not cover emails, mobile telephone messages or other communications and data generated from information provided by users, including transactional information relating to your activities on our Website.  Such communications may be sent and such data posted on our Website without being checked and/or edited by us and could therefore be inaccurate or inconsistent with our beliefs and/or opinions.  Hence, we take no responsibility for the content, reliance placed upon, or loss incurred as a result of such communications or data.  Furthermore, we and the members of our organisation cannot be held liable for any loss or deficiencies in the production of information belonging to you or for information that fails to reach its intended recipient.

To the extent required under applicable law, nothing in these Terms shall exclude or limit our liability for death, fraud or personal injury resulting from our negligence or the negligence of any member(s) of our organisation when performing their duties for us, as determined by a court of competent jurisdiction.  Subject to the preceding item, we and/or any member of our organisation cannot be held liable for any loss, including business interruption, economic loss, information loss, loss of goodwill or reputation or any consequential, incidental, indirect or special damages arising out of or associated with these Terms regardless of how such damages may arise, including negligence.  Also, to the extent permitted by applicable law and without prejudicing any claim that you may have against us, you agree that you will not bring any proceedings against any member(s) of our organisation.

In any event, our liability and the liability of any member(s) of our organisation to you or any third party, in any circumstance will take into consideration any fees that we may have received from you, and then be limited to the greater of:

• the total fees you have paid to us in relation to the relevant posting;

• fifty pounds sterling.

Governance

These Terms and your access to and use of our Website shall be governed by and interpreted in accordance with English law.  We and you submit to the exclusive jurisdiction of the courts of England and Wales in relation to your access and use of our Website or in the event that any claims, disputes or proceedings arise in connection with these Terms.

Changes

These Terms are effective as of 10th November 2014.  We may from time-to-time make changes to these terms and conditions to reflect any changes to our practices in accordance with changes to best practice, legislation or website enhancements.  We will let you know what these changes are by posting them to this page, but it is your responsibility as a user to make sure that you are aware of them, by checking for changes on a regular basis.  Changes will become effective as soon as they are posted.