1. About these terms
1.1 These Website Terms and Conditions (Terms) govern your access to and use of the website at https://estimator.plus and its content (the Website), operated by Estimator Plus Pty Ltd (ABN 79 699 842 227 (we, us, our).
1.2 By accessing or using the Website, you agree to these Terms. If you do not agree, you must not use the Website.
1.3 These Terms apply to your use of the Website only. If you subscribe to or use our Estimator+ estimating and tendering platform (the Platform), your use of the Platform is governed by our separate Software Terms of Use and Licence, and not by these Terms.
1.4 We may update these Terms from time to time by posting the amended version on the Website. The amended Terms take effect when posted. Your continued use of the Website after that time means you accept the amended Terms.
1.5 We may publish specific terms for particular content, promotions, competitions or campaigns on the Website. If specific terms are inconsistent with these Terms, the specific terms prevail to the extent of the inconsistency, for that content, promotion, competition or campaign only.
2. Using the Website
2.1 The Website is provided for general information about us and the Platform. You may use the Website only for lawful purposes and in accordance with these Terms.
2.2 You must not:
(a) use the Website in any way that breaches any applicable law or regulation;
(b) attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Website, the server on which it is stored, or any server, computer or database connected to it;
(c) introduce any virus, trojan, worm, or other material that is malicious or technologically harmful;
(d) use any automated system (including robots, scrapers or data-mining tools) to access, copy or monitor the Website without our prior written consent;
(e) use any content of the Website to train, develop or improve any artificial intelligence model, machine learning system or similar technology, or compile Website content into a dataset for that purpose, without our prior written consent; or
(f) copy, reproduce, republish, frame, or redistribute any content of the Website except as expressly permitted by these Terms.
3. Information on the Website
3.1 The content on the Website is provided for general information only. It is not advice and should not be relied on as the sole basis for any decision.
3.2 While we take reasonable care to keep the Website content accurate and current, we do not warrant that it is complete, accurate, or up to date, to the maximum extent permitted by law and subject to clause 7.
3.3 Any pricing, product descriptions or feature information on the Website is indicative only, may change without notice, and does not constitute an offer capable of acceptance. A binding subscription is formed only under the Software Terms of Use and Licence at the point of purchase.
4. Intellectual property
4.1 All intellectual property rights in the Website and its content (including text, graphics, logos, layout, and software) are owned by or licensed to us and are protected by law.
4.2 You may view and temporarily download Website content for your own internal, non-commercial use only. You must not otherwise use, reproduce, or exploit any Website content without our prior written consent.
4.3 Estimator+, our logo, and our other trade marks are our property. Nothing on the Website grants you any licence or right to use them.
5. Third-party links
5.1 The Website may contain links to third-party websites. Those links are provided for convenience only. We do not control and are not responsible for the content, products or practices of any third-party website, and a link does not imply our endorsement.
6. Privacy
6.1 Our handling of personal information collected through the Website is described in our Privacy Policy at https://estimator.plus/privacy-policy.
7. Australian Consumer Law
7.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted or modified (Non-excludable Rights).
7.2 The disclaimers and limitations in clauses 3 and 8 apply subject to, and do not limit, your Non-excludable Rights.
8. Disclaimers and limitation of liability
8.1 The Website is made available on an “as is” and “as available” basis. To the maximum extent permitted by law and subject to clause 7, we do not warrant that the Website will be uninterrupted, error-free, or free of harmful components.
8.2 To the maximum extent permitted by law and subject to clause 7, we are not liable to you for any loss or damage (including indirect or consequential loss, loss of profits, revenue, data or goodwill) arising out of or in connection with your use of, or inability to use, the Website.
8.3 To the maximum extent permitted by law and subject to clause 7, our total aggregate liability to you arising out of or in connection with the Website and these Terms is limited to AUD $100.
9. Suspension, changes and access
9.1 We may modify, suspend or discontinue the Website (or any part of it) at any time without notice or liability to you.
9.2 We may block, suspend or restrict a particular person's or device's access to the Website, without notice, where we reasonably consider that person has breached these Terms or poses a risk to the security, integrity or operation of the Website.
10. General
10.1 These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
10.2 If any part of these Terms is void or unenforceable, it is severed and the remaining provisions continue in full force.
10.3 These Terms are the entire agreement between you and us in relation to your use of the Website.
10.4 The Website is provided from Australia. We make no representation that the Website or its content complies with the laws of any place outside Australia, and if you access the Website from outside Australia you do so at your own risk and are responsible for compliance with the laws that apply where you are.
10.5 If we do not act on a breach of these Terms, we do not waive our right to act on that breach or any later breach.
11. Contact
11.1 If you have any questions about these Terms, contact us by email at support@estimator.plus.