1. Results from our Services
Your results depend on many different factors
Your ultimate outcomes depend on many different factors including:
- Your budget and time constraints to complete your overall Project,
- The constraints of gravity and physics (sorry, we can’t make your car smaller to fit your garage)
- The skills, attitude, and capabilities of the Build Team and other parties you’ve engaged,
- The needs and desires of you and your family, your business, or all of the above!
- The council rules and building regulations that apply to you, your industry, your site,
- Your ability and willingness to follow and implement our recommendations,
- Resources, systems, and help you have available to create assets implement recommendations,
- Accuracy and completeness of information you provide us and your other suppliers, and other factors.
2. We use reasonable care + skill
We use reasonable care and skill to deliver Services to you, however you agree that:
- We cannot and do not promise our Services or Content will be continuously available or fault free;
- If things outside our reasonable control impact on our ability to supply Services to you, you agree we are not responsible for impacts on you as a result; and
- We provide our Services and Content in good faith, based on information you provide us, and you are responsible for your use of our Services and Reports.
For example, if you or your team don’t complete tasks assigned on time or misinterpret our report so you need to re-brief an architect and your build is delayed, we’re not responsible for that outcome.
- You understand that changes in building and design trends, available supplies, skill levels of your builders and other personnel and other factors might mean our recommendations are no longer accurate or as impactful as intended, despite our best efforts.
3. Paying for losses + limiting liability
Paying us if you cause us loss
To the extent allowed by law, you must pay us for costs we incur caused or contributed to by:
- inaccurate or misleading info you give us,
- your breach of applicable laws or regulations, or
- your use or misuse of Services or our Content.
For example, if you give us house plans to review & other information in a brief, and you get the scale or other details incorrect, we check over that information, but we rely on the details you give us. We’re not responsible for potential outcomes from incorrect details, such as less impactful recommendations for your Project.
Limiting our liability to you
Nothing in these Terms restricts consumer laws that may apply to your purchase of our Services.
- To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
- Unless we cause loss with our negligence or wilful misconduct, we are not responsible for any loss caused by your use of our Services (or any inability to use a Service).
- Where we cannot exclude our liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of re-supplying the relevant Services to you.