Terms and Conditions

It is acknowledged and agreed that Building Inspection Apps (the “business”) is the owner of trademarks, copyrights, trade secrets, processes, know-how, registered designs, software applications (app.) and other intellectual property and services and that by becoming a member (the “member”) and downloading and using this application, agrees to be granted a limited and non-exclusive right to use the app. and services, and intellectual property offered by the company with a licence to use these applications strictly in accordance with the following terms and conditions. The company reserves the right to amend or update any of the functions and features of the app. and any of these terms and conditions at any time without notice.

Commencement

This agreement will commence on the date of acceptance of a member application and when the business issues and/or approves the member with a membership number, username and password. This membership licence shall continue subject to the rights of the company of early termination.

Licence

The company hereby grants to you the member a licence to use its app. within the states of Victoria, NSW or Queensland or other state as introduced from time to time for the term of continuance of this agreement. The business owns and operates the app. which is available for use by you as a member, as well as information and services provided on it’s website known as “buildinginspectionapps.com.au”. The member will not use the app., services or intellectual property for any purpose other than permitted by the business under these terms and conditions. It is hereby agreed that to be accepted as a member and use this app. the member must at all times be fully qualified and registered to undertake formal certified inspections as a registered inspector with the applicable State Licencing Authority according to the state in which they undertake inspections. A corporate membership can only be permitted while it employs a registered building inspector and all formal inspections and compliances are only undertaken by or for and on behalf of this registered employee under and in accordance with the building registration state licence requirements. The business will furnish you with all necessary intellectual property for the purpose of this agreement and in order to utilize the app. so that you as a member and registered inspector will be able to create, store and compile information within the app. following an inspection of a building and to allow you to decide upon it’s correctness prior to you issuing a report. Where the business has indicated or directed that the whole or any part or parts of the intellectual property comprises confidential material, you will not during the term of this agreement or after it’s termination or expiration, disclose such confidential material to any person or corporation without first obtaining the written consent from the business and you as a member or ex-member will take such steps as may be necessary to ensure that any of your employees, contractors, servants or agents do not disclose such confidential material. The member also agrees not to sub-license or assign any rights or use of the software applications including storage to any third party inspector not listed and authorised under this or other membership without prior written consent of the business.

Qualification Requirements

A member can be an individual registered building inspector or a corporation that employs a registered building inspector, as required by state legislation, to undertake all inspections. It is hereby agreed the first requirement is that a member must be either an individual or a corporation and must be or employ a qualified Building Surveyor, Building Inspector or other approved Inspector acting for and on their behalf or as required by state legislation. The inspector registration qualification as required must be current and maintained by the member and/or it’s employee at all times. It is the member’s sole responsibility to ensure that any state registration or qualification required by an inspector in undertaking a specific inspection and report is maintained.

It is also hereby agreed and acknowledged that the member or inspector may only use the app. as a guide and general checklist for their assessment of building and their knowledge, experience and expertise as a qualified inspector must always take precedence over any advice or interpretation provided in the app. by the business. Should a member have any concern as to the accuracy of any aspect of the app., the member must advise the business immediately. Any decision to issue a report of following an inspection is based solely on the inspector’s qualifications and thorough knowledge of the relevant Building Regulations, NCC, BCA, Australian Standards and any other relevant regulatory legislation applicable to undertaking building inspections. It is further understood and agreed that any tests that may be required by the Australian Standards are fully understood and are undertaken independently by the inspector and do not form part of the assessment process of this app.

Member Login, Username & Password

A member login is issued upon acceptance by the business of a fully completed application together with acknowledgement and acceptance of the terms and conditions of this membership and licence agreement. Each individual inspector must be registered separately under the membership and is provided with an individual username (email address) and password.

The member is solely liable and responsible for overseeing and maintaining the confidentiality and correctness of all activities and decisions that occur under their membership inspector’s username and password. The business will not be liable for any claim for damages whatsoever arising from any unauthorized or unqualified use, or for any inspection advice or assessment provided, due to failure to comply with this or any other requirement of these terms and conditions.

Membership Fees

It is agreed that monthly fees are payable by all members based on the use of the app. in undertaking and completing an inspection report. Each inspection type selected by the member will form the basis of the monthly costs incurred and shall be paid monthly in advance. An additional small secure storage and support service fee may also apply dependant on the size of storage required. Invoices will be sent by email to the member and are payable within 14 days if no other automatic payment arrangement is in place. Arrangements for automatic payment deduction can only be made by consent of the member. Failure to pay may lead to suspension or cancellation of this membership and license.

System Requirements

The web system requirements operate with the most popular and up to date version of all widely used web browsers. Any recent updates available to your specific browser are important to download for the best possible compatibility and operation. This mobile app. allows the user to run the app. in all areas regardless of offline connectivity however, internet connectivity is required to complete its full operation. Our mobile app. is compatible with the latest mobile phones and tablets running the latest version of Google’s Android and Apple’s iOS operating systems.

Indemnity and Limit of Liability

The member hereby agrees that they together with their staff and all their other nominated inspectors shall be solely responsible in using and applying the information and content of this service software app. provided by the business. A thorough knowledge of all the most current building and regulatory requirements are a precondition to using the app. and in completing an inspection report. It is the member’s responsibility to ensure the accuracy of all building inspections undertaken by them or on their behalf and hereby agrees that the business will not be held liable for any damages or claims whatsoever arising out of any failure to do so. The member also agrees to promptly advise the business in writing of any legal actions, suits, claims for compensation or any demands whatsoever brought against the member or its inspector/s arising out of their use of the business services, app. or intellectual property. The member agrees to indemnify the company, its directors and employees against any claim, action, loss, legal cost or expense arising out of any use of the software and app. services and general information provided. The member agrees that the business will not be held liable for any damages whatsoever, including direct, indirect, incidental, special or consequential damages, even if the business has been advised of the possibility of such damages, arising from or relating to, or in connection with;

• the use or inability to use the app. as intended,
• failure to collect and apply appropriate data through member error or operator error,
• the cost of replacement of any information stored or managed in using the app.,
• unauthorised omissions of any service or storage providers or other service providers or other third parties of the app.,
• loss of data stored by the business through no or any fault of the business, or
• any other matter arising from, relating to, or in connected with the business’s app. and service or these terms.

The business will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond the reasonable control of the business, including changes in government acts or omissions, laws or regulations, hardware or software failures or slowdowns, pandemics or act of god. The member also agrees not to sub-license or assign any rights or use of the software applications without written consent of the business to any third party or inspector not listed and authorised as a member without the prior written consent of the business, which consent the business may grant or not in its absolute discretion.

Warranties

The business hereby warrants that it has and will maintain the full, absolute and exclusive rights to the intellectual property and the use of any or all of the intellectual property according to the terms and conditions of this agreement that will not result in the infringements of any proprietary rights of third parties in accordance with the law of Victoria. The member hereby warrants that the membership and inspector information provided to the business is kept accurate, current and complete at all times. Privacy & Security Access to client and inspection data is restricted strictly to the member and the inspector by the authentication process of member login, username and password. The cloud database and server also maintains its own unique policy and security protocols to protect systems against unauthorized access and malicious attack. Access to data for the purposes of undertaking ongoing maintenance and software upgrades is strictly restricted to technical staff and consultants appointed by the business. It is agreed that access to any or all services provided by the business may be terminated or modified at the sole discretion of the business due to non-compliance or in conflict with this agreement. It is also agreed that the business will not be liable for any loss or damage of any kind due to interruption, modification, discontinuance or termination of services.

Termination

The member agrees this licence may be terminated forthwith by the business by written and/or electronic notice to the member if the member commits any breach of any provisions of this agreement, or if any circumstances change such that it is no longer appropriate, in the opinion of the business, to utilise the app. and services. The company may terminate this licence and agreement in any of the following circumstances:

• the member making or filing of an application or the event of bankruptcy, liquidation or administration, otherwise for the purpose of reconstruction or amalgamation, under any law or government regulation relating to bankruptcy or insolvency,
• the appointment of a trustee for all or substantially all of the property of your estate,
• the making of an assignment or attempted assignment for the benefit of your creditors, or
• the member building registration, as required, in any State ceases, lapses, is suspended or is deregistered.

Any termination of this agreement by the business shall be without prejudice to the rights of the business to seek and obtain damages for any breach of this agreement by you. On termination of this agreement the member shall immediately cease all use of the app. and all services provided by the business.

Secrecy Obligations

The member or its employees or inspectors shall not use any of the company’s disclosures or other information or technical data except for the purpose of the license granted herein and according to the terms and conditions of this agreement. Notwithstanding this, the member may disclose information if and to the extent that such disclosure is forced by laws, regulations or orders.

Dispute Resolution

Any dispute arising from this agreement or terms and conditions of use of the services or software application provided by the business will be interpreted in accordance with the laws of the State of Victoria and the parties submit to the jurisdiction of that state. If any provision of this agreement is held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions of this agreement shall not be thereby affected.

General

Any waiver or forbearance regarding the performance of this agreement shall operate only if in writing and only to the specified instance and shall not affect the existence and continued applicability of the terms thereafter. This member and licence agreement embodies all the terms and conditions binding between the member and the business and replaces all previous representations or proposals not embodied herein.

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