1. ACCEPTANCE OF TERMS
Future-Proof Building (“FPB”) provides a collection of online resources, including a trade search function and various online services, (referred to hereafter as “the Service”) subject to the following terms and conditions. By using the Service in any way, you are agreeing to comply with the terms and conditions. If you do not agree to the these terms and conditions, you must refrain from using the services.
FPB has the right, but is not obligated, to strictly enforce the terms and conditions through self-help, community moderation, active investigation, litigation and prosecution.
2. SPECIFIC WARNINGS
2.1 The services: FPB provides a venue to introduce members who want to find and hire trade professionals to complete building projects and members who are seeking such work. FPB does not take any part in the transactions between members other than by providing our Website as a venue for members. If Requests for Quote or other contracts are agreed to by members, a contract of sale will be formed between those members directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that the owners of FPB take no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. FPB gives no undertakings, representations, or warranties in relation to trade professionals or any products and services listed on the website, including:
– Licensure, insurance, or certifications of members;
– Any outstanding legal proceedings or judgements relative to members’ business
– as to the accuracy or truth of listings;
– that the services provided by any member will meet your requirements or expectations; or
– about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
– your use of the services is at your sole risk. To the maximum extent permitted by law and without limiting clause 2.2, FPB disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
FPB does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
– no advice or information that is obtained by you from FPB or anyone else shall create any warranty by FPB that is not expressly stated in the terms and conditions; and
– responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute FPB’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of FPB to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. FPB’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of property, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of FPB’s message boards, or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to FPB, FPB may limit your activities on the Website, remove your quotes or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where FPB considers it appropriate.
3. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service.
You understand that FPB does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FPB site and Content available through the Service may contain links to other websites, which are completely independent of FPB. FPB makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FPB be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that FPB does not pre-screen or approve Content, but that FPB shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the terms and conditions or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
The FPB site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FPB, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third parties.
You agree that FPB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FPB is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FPB, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
6. CMS DISCLAIMER in respect of Supplier Products and Services
Construction Marketing Services Limited (CMS) is a marketing company which promotes the products and services of its members and introduces its members to potential customers. CMS does not however act as a sales agent for any person. CMS is reliant upon the information supplied by the suppliers of the products.
Consequently CMS does not take any responsibility for the performance of the products and services of its members. CMS expressly disclaims any liability for, and claims for damages or other costs of any kind arising out of use, reference to, or reliance on any information provided by our specification consultants being correct at the time of any presentation or consultation or as otherwise being presented. Whilst the information provided by our specification consultants is periodically updated by our member suppliers, no guarantee is given by CMS as to the accuracy of that information.
You should make such specific enquiries as you consider necessary concerning the nature of the products or their services CMS provides information on and their suitability for your project needs, and whether they meet the requirements of the relevant part of the New Zealand Building Code.
- Provide consultation services to you including one-on-one or a group presentation service providing information on products and services.
- Provide project-based architectural product information as a guide only.
- Receive payment from third party product and service suppliers to disclose information about their products and services to the construction industry.
CMS does not:
- Take any part in the contractual relations between the architects, designers, building companies or any other construction professionals and the third party product and service suppliers. Any architectural product information provided by CMS is to serve as a guide only.
- Recommend the suitability of any product or service for any particular project.
- Take any part beyond being a conduit for any requests for quotes or other contracts agreed between third party product and service suppliers and customer. A contract for sale will be formed between those parties directly. CMS will not be a party.
- Act as an agent for either party and does not participate in any sale or transaction between the customer and other parties it has a marketing relationship with.
- Warrant or guarantee the quality, safety, legality, fitness for a particular purpose, or other characteristics of products or services offered by any third party product/or services supplier.
Provide any assurance or representation that any interaction provided by it regarding products or services is completely up to date or accurate.
We welcome your questions and comments on this document. Please contact us at firstname.lastname@example.org.