Website, User & Member Terms & Conditions
This Website is owned and operated by ArchiStar Pty Ltd (ACN 143 137 115) (“ArchiStar, us, our or we”)
In these Terms
- “you” means any person visiting or using the Website;
- “Agreement” means the agreement between you and ArchiStar for the provision of services to our members as governed by any registration form, welcome pack or other
documentation provided to you by ArchiStar in conjunction with these Terms & Conditions;
- “ArchiStar Platform” means the technology that has been designed to provide analysis, reporting and comparison reports on building designs uploaded to the
technology and such other features as are available from time to time;
- “ArchiStar Plugin” means the technology that provides a plugin to your existing software to make available various ArchiStar Platform features;
- “Terms” means any and all of the terms and conditions of use of the Website included in this Agreement or on the website, including without limitation any privacy
policy, or in any other agreement which forms part of the Terms;
- “Website” means the website www.archistar.ai and its related pages, including any mobile site or mobile or other application that we may offer.
2. USE OF WEBSITE
- Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations.
By accessing or using this Website you accept and agree to the Terms, which are legally binding
- If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms
and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
- All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and
service marks (“Content”) and the selection, arrangement and "look and feel" of all content contained on the Website, the ArchiStar Platform and the ArchiStar Plugin,
is the property of ArchiStar or third parties who have granted ArchiStar permission to use it on the Website or the ArchiStar Platform. All Content contained on the Website and
ArchiStar Platform whether past, present or future and is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content
is limited only to those rights expressly set out in the Terms.
4. USE AND REGISTRATION
- Certain services including the ArchiStar Platform and ArchiStar Plugin will only be available after you have registered your details with us on the Website.
To register your details and open an account with us, you will be required to submit your data and the personal information relating to either you personally or to your business.
You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your account with any changes to
your personal information previously submitted as soon as practicable after such personal information changes.
- ArchiStar reserves the right in its sole discretion to refuse to register any account.
- If you breach any of these Terms, we will be entitled to lock or delete any and all accounts and all access to the ArchiStar Platform, and not accept any further or future account requests,
by the account holder and their associates.
- You must not use another person’s account without their express prior permission nor permit anyone to use your subscription or account.
- You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. ArchiStar does not accept any responsibility
for activity, communications or payments made using your account by unauthorised access of your account.
- If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify ArchiStar and immediately take all reasonable steps to protect your account.
- When you notify ArchiStar of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse.
We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future
- You agree to release and indemnify ArchiStar from any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.
- You acknowledge that when you register and use the Website, you will receive correspondence from ArchiStar, including newsletters, relating to the Website, the ArchiStar Platform, the ArchiStar Plugin and the business of ArchiStar.
LIMITED LICENSE TO USE
- ArchiStar grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website, ArchiStar Platform, ArchiStar Plugin or the Content on your computer or similar device and download and use downloadable Content only for the purpose intended by these Terms or for the sole purpose of making purchases from or interacting with ArchiStar.
- Except as expressly permitted in these Terms or on the Website, or with ArchiStar’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website, the ArchiStar Platform or the ArchiStar Plugin for commercial or public purposes, including but not limited to use as meta tags or linking the Website, ArchiStar Platform, ArchiStar Plugin or Content on other pages or sites on the world wide web.
- You must not damage, interfere with or disrupt access to the Website, ArchiStar Platform, ArchiStar Plugin or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website, ArchiStar Platform, ArchiStar Plugin or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or the ArchiStar Platform or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website, ArchiStar Platform, ArchiStar Plugin or the Content within either of them.
- ArchiStar will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, ArchiStar Platform, ArchiStar Plugin, Content, security or access to the Website, ArchiStar Platform, ArchiStar Plugin or Content or in any other way prevent the usual operation of the Website, the ArchiStar Platform, ArchiStar Plugin and its availability to the public.
- ArchiStar may offer access to the Website, the ArchiStar Platform, ArchiStar Plugin and the services by any one or more subscriptions for purchase.
- Our subscriptions or services may be available for purchase via our Website or directly from ArchiStar. All services or programs are purchased subject to any order requirements or instructions referred to on the Website or otherwise notified to you.
- When placing an order you will be required to select the option or subscription you wish to purchase and provide the requisite details for the order. For each order you must provide accurate and up-to-date details of the purchaser, payment details and any other information required to effectively process your order.
- By placing an order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the order and payment.
- Once you have submitted an order, you must make payment for the order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you. An order will only be deemed to be placed when you have submitted the order and the full payment required on placing the order has been received.
- ArchiStar reserves the right to accept or reject your order for any reason and, in the event that we cancel your order, we will provide a full refund of any payments received from you in relation to that particular order.
6. PRICE AND PAYMENTS
- The price of a subscription or service is the price specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any subscription or service. The price as at the date your order is confirmed will remain the price for the Term of the subscription.
- All prices are processed in Australian dollars unless otherwise notified on the Website.
- Payment in accordance with the payment requirements for your order must be received by us prior to the provision of the subscription or services that you have ordered. Your order will only be confirmed, and the indicated price honoured, once the payment requirements to place your order have been complied with.
- ArchiStar accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify ArchiStar against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
7. YOUR CONTRACT WITH US
- If any subscription or service has a timeframe imposed for the delivery or receipt of or access to any benefits and features, it is your responsibility to provide and maintain the details or other information required for the benefits to be delivered, received or enjoyed by you within the specified timeframe. If you fail to provide the required details or information for the benefits and features to be delivered, received or enjoyed by you within the specified timeframe, your access to the benefits and features will expire and any unused benefits or features of the subscription or service will be forfeited and cannot be redeemed for cash, credit or any other value.
- If a subscription or service has a contract period then the contract or subscription term will automatically renew and you will continue to be bound by all obligations of the continuing contract unless we received your notice of termination of the contract not less than 3 months prior to the end of the contract term. All terms and conditions of the original contract will apply for the term of any renewed contract unless amended with the consent of both parties. The renewed contract or subscription term will be the same as the original contract or subscription term unless otherwise notified to you.
- ArchiStar may, for any reason, terminate the contract at the expiration of the term by providing to you not less than 14 days’ notice prior to the end of the contract or subscription term or otherwise in accordance with these terms.
- You acknowledge that you are solely responsible for com plying with all terms, conditions or instructions of any subscription or service as described or referred to on the Website, the ArchiStar Platform, ArchiStar Plugin or otherwise notified to you (“Instructions”). ArchiStar is under no obligation to provide a subscription or service to you if you do not comply with the Instructions.
- You release and indemnify ArchiStar against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the provision or receipt of any subscription or service or your compliance with the Instructions.
- You acknowledge that you are solely responsible for reading all Instructions for the receipt or provision of services individually or under any subscription as specified on the Website and you are solely responsible for complying with such Instructions. If you believe the Instructions to be unclear you must contact ArchiStar directly prior to the completing your order for such subscription or services for clarification of your obligations.
8. DELIVERY OF OUR SERVICES
- You are solely responsible to ensure the accuracy of the email details recorded in your account and that you have access to such email account. If you fail to receive any correspondence or communication from us because you have recorded incorrect email details or cease having access to the email account, ArchiStar will not be liable for any loss that may arise.
- Once the required payment has been received in full, ArchiStar will, as soon as practicable, make available to you the login and other access details for access to the services.
- No extension of any contract or subscription term will be provided if you fail to have access to the Website, ArchiStar Platform, ArchiStar Plugin or services for any period as a result of you failing to provide or maintain accurate details.
9. PERSONAL INFORMATION
- If any information is capable of being stored on the Website or the ArchiStar Platform, we may remove any of your stored data at any time if it exceeds a reasonable limit as determined in our sole discretion. It is your sole responsibility to ensure that you maintain a backup of all information stored on the Website or ArchiStar Platform to ensure it is not lost if removed by us at our discretion. We are under no obligation to notify you before removing any stored data.
- You agree that ArchiStar may disclose your personal information to third parties for the purpose of those parties or ArchiStar delivering services to you and may make referrals to third parties where appropriate and where such referral has been previously discussed with and agreed by you.
10. THIRD PARTY SITES
- ArchiStar selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
- The Website and ArchiStar Platform may contain links to third party websites or content (Third Party Content). ArchiStar does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, ArchiStar does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
- If you use the links contained on our Website, the ArchiStar Platform or the ArchiStar Plugin to access Third Party Content or otherwise rely on such Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website, ArchiStar Platform or ArchiStar Plugin does not constitute or imply any endorsement, sponsorship or recommendation by ArchiStar.
11. REFERRAL SERVICES
- ArchiStar also provides Referral Services on this Website which enable third party product providers to contact you using the personal details you have submitted.
- These Referral Services are free for you to use. We receive payment from third party product providers when you purchase products.
- In order to provide the high quality Referral Services, ArchiStar may provide interactive content to better understand your needs. This is by no means a substitute of financial, investment or other advice. Nothing on this Website constitutes financial, investment or other advice by us in relation to any product.
- By submitting your personal details through this Website, you agree to allow ArchiStar to supply your personal details to third party product providers for the purpose of providing you with third party product information, and you consent to third party product providers contacting you using the personal details you have submitted.
- These products are not provided by us but are provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product, you should consult the relevant product documents. We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product.
12. NO WARRANTIES
- The Website, ArchiStar Platform, ArchiStar Plugin and Content are provided "as is" without warranty of any kind, express or implied. Except to the extent required by the law, ArchiStar does not make any representations or warranties as to the Website nor any technology offered by it, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website, ArchiStar Platform and ArchiStar Plugin including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website, ArchiStar Platform and ArchiStar Plugin.
- We do not warrant the accuracy or reliability of any ArchiStar Platform report issued to you and you acknowledge that all information contained in an ArchiStar Platform report is general and for information purposes only and must not be relied on. ArchiStar is not liable for any loss, cost, expense or inconvenience suffered or experienced by you as a result of you relying on the information provided in any ArchiStar Platform report or from the ArchiStar Platform.
- We do not warrant the accuracy or reliability of any floorplan generated by the ArchiStar Plugin using the marketing floorplan creation tool and all information and data generated by the ArchiStar Plugin is general and must not be relied on. ArchiStar is not liable for any loss, cost, expense or inconvenience suffered or experienced by you as a result of you relying on any information, data, report or floorplan provided in or generated by the ArchiStar Plugin.
- ArchiStar does not represent or warrant that the Website, the ArchiStar Platform, ArchiStar Plugin or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website, the ArchiStar Platform or the ArchiStar Plugin. ArchiStar does not guarantee continuous, uninterrupted, error-free or secure access to the Website, ArchiStar Platform, ArchiStar Plugin or its services, since the operation of the Website and the technologies offered by ArchiStar may be interfered with by numerous factors outside of ArchiStar’s control.
13. LIMITATION OF LIABILITY
- Except to the extent required by the law or as is expressly set out in the Terms, ArchiStar specifically disclaims all or any liability arising from your access to or use of the Website, ArchiStar Platform, ArchiStar Plugin and Content, making any order or purchasing any subscriptions or services, and in no event will ArchiStar, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if ArchiStar has been advised of the possibility of such damages).
- In any event, ArchiStar’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any subscriptions or services.
- ArchiStar’s liability for breach of any condition or warranty implied by legislation is, at ArchiStar’s option, limited to supplying services again or payment of the cost of having services supplied again.
- Without limiting the above, you acknowledge that ArchiStar accepts no responsibility or any liability for orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. ArchiStar does not accept any responsibility or liability for any information or errors provided by you in any order, or in booking or receiving any services or subscriptions, or in accessing or using the ArchiStar Platform or ArchiStar Plugin, including your failure to do all things necessary to ensure the order, booking and receipt of services, are suitable and safe for your circumstances.
- You release and forever discharge ArchiStar, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
- ArchiStar reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, ArchiStar Platform or ArchiStar Plugin, and to limit, block or prevent access to and use of this Website, the ArchiStar Platform and/or the ArchiStar Plugin, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website, the ArchiStar Platform, the ArchiStar Plugin and all services, including any licence granted.
- ArchiStar reserves its right to refuse service, terminate an order or change or remove the Website, the ArchiStar Platform, the ArchiStar Plugin or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on any order in any way, other than a refund that is expressly permitted under the Terms.
15. INTELECTUAL PROPERTY
- You acknowledge that ArchiStar is the owner or licensee of all intellectual property rights in the Website, the ArchiStar Platform, the ArchiStar Plugin and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, the ArchiStar Platform, the ArchiStar Plugin or any works or designs, which to avoid doubt are absolutely assigned to ArchiStar.
- You acknowledge and agree that all information and materials provided to you in the delivery of the services or programs are the sole property of ArchiStar with the exception of ArchiStar Platform or ArchiStar Plugin reports and floorplans that are created by either technology based on any floorplan or design uploaded or created by you.
- Upon contributing or providing comment or feedback of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant ArchiStar a licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website.
- You warrant to ArchiStar you have all necessary rights, including copyright, in every contribution that you make to the Website, the ArchiStar Platform or the ArchiStar Plugin including in every floorplan, design or other material that is uploaded by you or on your behalf to the Website, the ArchiStar Platform or ArchiStar Plugin and that you have not granted any rights inconsistent with any rights granted under these Terms.
- You warrant that any content or materials contributed or uploaded by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
- You warrant that your access and use of the Website, ArchiStar Platform and ArchiStar Plugin will be made using software, hardware and technologies that are properly and legally licensed to you or that you have the express right to use.
- All material published on the Website may, at ArchiStar’s sole discretion, be edited, removed or republished for any reason whatsoever.
16. UPDATES AND REVISIONS
- We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. ArchiStar recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.
17. OTHER POLICIES
- Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by ArchiStar’s staff and personnel.
- If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
- If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of New South Wales.
- These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.