Terms and Conditions
Terms and conditions
QV CostBuilder ("Services") is provided by Quotable Value Ltd ("QV"). QV is in trade. In subscribing to access and use the Services, or otherwise being granted access to the Services, you agree to the following terms and conditions. If you purchase a subscription that allows two or more users to access the Services, you will ensure that the other users read and comply with these terms and conditions. You accept that any breach by those users of these terms and conditions will be deemed to be a breach by you.
If there are additional agreed terms or conditions of any kind that are inconsistent with these terms (and the exact clauses of these terms have not been explicitly referred to and amended or removed by agreement between QV and you) then you agree that these terms override and take precedence over those inconsistent terms and conditions.
To obtain access to the Services, you need to register and pay the applicable subscription fees and accept these terms and conditions. Except as expressly permitted by these terms or agreed with us in writing, you must not sub-license, assign or resell any of your rights or permissions to use the Services or allow any unauthorised person to access or use the Services.
When registering for an account with us, you are responsible for selecting a secret and strong password and for maintaining the security of your username and password. You must also provide your full name, a valid email address and any other information we request to complete the registration process and you must keep these details up to date. Fictitious entries are not permitted.
Each login (username and password) is personal to an individual living person. Each individual living person that wishes to use the Services must have his or her own login. You must not create, use, allow or promote generic or shared logins.
We may suspend or disable your login if we consider it necessary to protect the security of the Services or any person, if your login is being misused or has otherwise been compromised, or if you breach these terms.
Your annual subscription to the Services will be made available upon payment of the annual fee. You can use billing options within your online account to extend your annual subscription to the Services and to increase the number of users authorised under your subscription to access the Services (“Authorised Users”). Below are the annual subscription fee options for different numbers of Authorised Users (all prices are in New Zealand dollars and exclude GST):
- Single User Access = $299.00
- Two User Access = $398.00
- Three User Access = $497.00
- Four User Access = $596.00
- Five User Access = $695.00
- Six User Access = $794.00
- Seven User Access = $893.00
- Eight User Access = $992.00
- Nine User Access = $1,091.00
- Ten User Access = $1,190.00
- Eleven Plus User Access = Price by negotiation (please email firstname.lastname@example.org)
If you seek to increase the number of Authorised Users after initially subscribing, you may be charged a $30 administration fee.
Authorised Users may be users within your organisation and/or legitimate business affiliates of your organisation, that you have advised will require access to the Services for each subscription. The Services are not to be accessed by any unauthorised end-users or end-users that do not have a legitimate business affiliation to your organisation.
You acknowledge that any misleading statements provided to QV in relation to the number and identity of end-users or the use of the Services by, or the distribution of data and information obtained in connection with the Services ("Data and Information") to, unauthorised end-users or end-users that, in QV's reasonable opinion, do not have a legitimate business affiliation to your organisation may result in the immediate termination of your subscription to the Services without refund.
You are responsible for ensuring that the Services are not used by unauthorised end-users or end-users that have no legitimate business affiliation to you. If you have any doubt as to whether an end-user is authorised or has a legitimate business affiliation to you please contact QV immediately.
In addition to rights (if any) under the Consumer Guarantees Act 1993 (if applicable), if for whatever reason you are not happy with your subscription to the Services, you may be able to obtain a refund. If you wish to obtain a refund please email email@example.com within seven days of the commencement of your subscription.
Desktop and mobile devices, communication links and systems compatibility (and all costs associated with such items) are your sole responsibility. You agree that QV is not responsible for any of those charges.
We reserve the right to increase our fees for the Services on an annual basis. Any change to the fees will apply from the date you renew your subscription. If you are not happy with any increased fees you are able discontinue your use of the Services.
Permitted uses of the Services
If you register for an account, subscribe to our Services and pay our subscription fees, you may access the Services and put the Data and Information you access to any Permitted Use. The ‘Permitted Uses’ of our Services and the Data and Information you access are as follows:
- to understand the possible costs involved when carrying out various building works;
- to understand the types of costs involved in carrying out various building works;
- to be guided in pricing the possible costs of carrying out building works;
- to obtain a list of materials that may be needed when carrying out building works; and
- to incorporate costing information in advice to customers provided that, if you do this, you need to be comfortable with the costing information you use and you must not make any statement or representation to the effect that QV is providing advice to your customer.
To avoid doubt, copyright ownership in the Data and Information does not pass to you or any third party and, unless an activity or use is a Permitted Use, you cannot do it without our separate written consent. For example, you agree you are not permitted to (and will not allow or encourage any other person to):
- copy, compile or distribute the Data and Information for sale, resale or any other commercial purpose (including the use and distribution of materials for the purposes of education);
- use our Services for the purpose of copying the Data and Information into a separate database or service that could or would compete with our Services;
- data mine, scrape, crawl, create links back to, harvest or use any process or processes that send automated queries to QV CostBuilder;
- modify or create any adaptations or derivative works based upon any Data and Information or make copies of any Data and Information (except for Permitted Uses);
- frame, embed or otherwise re-publish or re-distribute our Services or this website (or any part of it) in another website, application or service, or by any other means, unless authorised by us;
- remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Services or Data and Information;
- except as expressly permitted by these terms and conditions or us in writing, incorporate any of the Services or Data and Information into any other materials, products or services;
- use the Data and Information to create, or in the course of your creation of, any mailing or address list of persons and/or properties; or
- use the Data and Information for direct marketing activities, telemarketing purposes, or in any manner that breaches the Privacy Act 1993 or otherwise infringes the privacy rights of others.
All copyright in the Data and Information (including but not limited to photos, images, diagrams, texts and graphics) is owned by QV or its licensors. You must not copy, reproduce or distribute any Data and Information other than as expressly permitted by these terms and conditions or by us separately in writing.
You grant QV and each of its partners, affiliates, parent companies, related entities, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, assignable and non-exclusive right and licence to use (publicly or otherwise) any data and information you provide to us, whether directly or in combination with other information or parties. You warrant and represent to us that, when providing such data and information, you will have all the rights you need to grant us this licence and that our use of that data and information in accordance with this licence will not infringe the rights of any third party. You agree to indemnify us and keep us indemnified against all liabilities, damages, losses, costs and expenses (including legal expenses) suffered or incurred by us and arising as a result of your not having these rights.
Consequences of breach
The unauthorised use, copying, reproduction or distribution of the Data and Information constitutes a breach of contract and may breach and constitute an offence under the Copyright Act 1994. In addition to damages, you may be liable for a fine or imprisonment upon conviction.
Without limiting the legal rights and remedies available to QV, misuse of the Services or the Data and Information, or any other breach of these terms and conditions, may result in your subscription being terminated without notice and without any refund being owed to you.
Disclaimer and liability
None of the Data and Information constitutes, or is a substitute for, obtaining your own building advice. The Data and Information serves only as a guide. Your use of any Data and Information or materials contained in the Services is entirely at your own risk.
Although we will attempt to keep information accurate and up to date, changes to prices, building regulations and supply and demand may at any time render any of the Data and Information inaccurate or out of date. QV provides no guarantees or warranties in respect of the accuracy of the Data and Information or that it is up to date.
If you require building or construction services or have questions or issues about the costs of materials, you should seek specific advice from a suitably qualified builder, construction firm or building materials retailer before taking any action.
You agree that, to the maximum extent permitted by law, QV is not and will not be liable to you on any legal basis (including in negligence) for:
- any loss, costs or damages you may incur (whether directly or indirectly) as a result of your use or misuse of the Services or the Data and Information; or
- any loss or damage that is caused by your not obtaining proper building, construction or building materials advice for your specific circumstances.
This exclusion of liability does not apply in relation to rights that ‘consumers’ have under the Fair Trading Act 1986 or Consumer Guarantees Act 1993 (as defined in those Acts).
If you are or represent a business, you acknowledge that you are using the Services for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply to these terms and conditions or your use of our Services.
Suitable for NZ only
The Data and Information are suitable for New Zealand only. They are not suitable for use in any other country.
You may discontinue your use of the Services and terminate your account at any time. Except as expressly stated in these terms and conditions, if you terminate your account before expiry of your subscription, you will not be refunded any part of the annual subscription fees you have paid.
We may suspend or terminate your account, in each case with or without notice, if you fail to pay our subscription fees when due or otherwise breach these terms and conditions, without refund.
We also reserve the right to suspend or terminate our provision of the Services or any part of them, as well as the right to refuse service to anyone, for any reason at any time. Subject to rights consumers may have under consumer protection legislation, the payment of any refund is at our discretion.
If you’re a registered user, we may email messages to you in relation to our current or future products and services and your use of them. We may do so by email or by using any internal messaging system we may implement. By signing up to these terms and conditions when registering for an account, you consent to our sending such messages to you.
By accepting our terms and conditions you agree to receive updates and marketing content from us via email. You may unsubscribe at any time by clicking the unsubscribe link in the footer of our emails.
Any new features that enhance or alter the Services, including the release of new QV CostBuilder tools and resources, shall be subject to these terms and conditions.
You warrant and represent to us that you have the legal right and authority to enter into these terms and conditions and perform your obligations under them.
You must not:
- modify, adapt or hack our Services or website;
- make or modify your own or any other website or application to appear as if it is affiliated with, or endorsed or sponsored by, QV or otherwise falsely imply an association with QV; or
- use our branding assets (such as but not limited to our logo) except as expressly authorised by us.
Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Unless otherwise expressly agreed in writing, these terms and conditions constitute the entire agreement between you and us and govern your use of the Services.
If any provision of these terms and conditions or their application to any person or circumstances is held to be illegal or unenforceable:
- such provision will continue to apply, to the maximum extent permitted by law, to other persons or circumstances not affected by the illegality or unenforceability;
- the illegal or unenforceable provision will be deemed to be amended to reflect the original intention as nearly as possible in accordance with applicable law in respect of those persons or circumstances giving rise to the illegality or unenforceability; and
Your use of the Services is governed by New Zealand law, and these terms and conditions are governed by and will be interpreted according to New Zealand law. You expressly submit to the non-exclusive jurisdiction of the New Zealand courts.