1) Disclaimer:
Certain templates that may be provided with My Inspection App (App) are may comply with Australian Standard Inspection of Buildings AS 4349.1 2007 (Standards) as defined at Clause 1.1. And AS4349.3-2010 and other examples maybe provided from time to time. Therefore based on the Standards ‘sets out the minimum requirements for the inspection of and preparation of an associated report on a residential property carried out by a suitably qualified inspector in order to provide advice to a prospective purchaser or similar interested party’. Therefore the App is only intended to be a guide and resource and not intended as a substitute for knowledge, experience or carrying out an Inspection as defined at 1.4.7 of the Standards. Further it is entirely the duty of the client (User) of My Inspection App (App) to seek independent legal advice prior to using any of the templates provided and not rely on the templates which are provided as a guide.ABC Group Pty Ltd at no stage has responsibility of carrying out any inspection if the App is utilised by a person or organisation in relation to carrying out an Inspection.
At no stage ABC Group Pty Ltd is defined as an Inspector under the Standards.
2) IMPORTANT
The Terms of Service are to be read in conjunction with and operate, both severally and collectively, with the End User License Agreement (EULA)
The following terms and conditions govern all use of the ABC Group PTY LTD website and all content, services and products available at or through the website. The Website is owned and operated by The ABC Group PTY LTD, (“The ABC Group PTY LTD”). The Website is subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The ABC Group PTY LTD Privacy policy) and procedures that may be published from time to time on this Site by The ABC Group PTY LTD (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. Access to or use of any of the The ABC Group PTY LTD products and services is implied acceptance of these Terms of Service and the EULA. If these terms and conditions are considered an offer by The ABC Group PTY LTD, acceptance is expressly limited to these terms.
3) Account
If you create an account on our Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the use of our service. The ABC Group PTY LTD may change or remove access to your account if we deem you are using our Website in an inappropriate or unlawful manner, or otherwise likely to cause The ABC Group PTY LTD liability. You must immediately notify The ABC Group PTY LTD of any unauthorized uses of your account or any other breaches of security. The ABC Group PTY LTD will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4) General Terms
By selecting a Plan you agree to pay The ABC Group PTY LTD the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a monthly subscription period as indicated. Monthly fees are not refundable.
5) Electronic payments
Payments to My Inspection App may be made electronically through such services as PayPal (www.paypal.com) using abcinspections@hotmail.com email address. Such payments will only be applied to your account if they’re “completed”. “Pending” payments will not be applied. Reversing an electronic payment may cause your account to be suspended.
6) Automatic Renewal
a) Each Term shall automatically renew for subsequent periods of the same length as the initial Term unless either party gives the other written notice of termination at lease thirty (30) days prior to the expiration of the then-current Term.
b) Unless you notify The ABC Group PTY LTD before the end of the applicable subscription period that you want to cancel your Plan, your Plan subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for the Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be cancelled at any time within your account page found at www.myinspectionapp.com/login
7) Outages
Our highest priority is your ability to provide quality reports to your clients on a timely basis. However, My Inspection App occasionally experiences outages during which reports cannot be written or accessed. When these outages occur, we will make every effort to restore normal functionality to our site as quickly as possible. My Inspection App assumes no liability for your or your clients’ inability to access our site during these times.
8) Cloud Storage.
The The ABC Group PTY LTD website and Cloud service utilise the services of Google Drive. For more information on the terms and conditions of the service provided by Google, please visit this page: http://www.google.com/google-d-s/terms.html(Responsibility of Website Visitors).
a) The ABC Group PTY LTD has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The ABC Group PTY LTD does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
b) The ABC Group PTY LTD disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
9) Copyright Infringement
As The ABC Group PTY LTD asks others to respect its intellectual property rights; it respects the intellectual property rights of others. If you believe that material located on or linked to by The ABC Group PTY LTD violates your copyright, you are encouraged to notify The ABC Group PTY LTD. The ABC Group PTY LTD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The ABC Group PTY LTD will terminate a visitor’s access to property, and all right, title and interest in and to such property will remain (as between the parties) solely with The ABC Group PTY LTD. The ABC Group PTY LTD and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of The ABC Group PTY LTD. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website and any of the mobile applications and software grants you no right or license to reproduce or otherwise use any The ABC Group PTY LTD or third-party trademarks.
10) Appropriate Use
My Inspection App is intended as a report publishing service. As such, dissemination of information produced on My Inspection App by you is limited to those pages produced as a result of publication. Using the service to produce information (e.g. reports) that is copied to other media to avoid publication charges is prohibited and will result in the termination of service and removal of past reports from our system.
11) Updates
My Inspection App may change in appearance and functionality from time to time as a result of software “bugs” being fixed, or as upgrades to the service are implemented. We reserve the right to make these changes at any time and are under no obligation to revert the service to earlier versions.
12) My Inspection App is a venue
My Inspection App acts as a venue to inspectors to write reports and make these reports accessible to their clients. My Inspection App is not involved in the actual transaction between My Inspection App users and their clients. As a result, we have no control over and assume no liability for the quality, safety or legality of the reports published, or the truth or accuracy of information contained within the reports. Users hold the final responsibility for their published reports being accurate, truthful and compliant with state, regional or national organizations including Standards Australia, Master Builders Association, (MBA) Housing Industry Association ( HIA), InterNACHI and ASHI. In the event that you have a dispute with one or more of your clients, you release My Inspection App (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13) Termination
The ABC Group PTY LTD may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
a) We reserve the right to immediately terminate a client’s membership under certain circumstances for e.g. breach of any of the Terms and Conditions, and that no refund will be made under such circumstances.
b) We reserve the right to immediately terminate a client’s membership where we feel that the member is not benefiting from the app or is having a difficult time in understanding how the app works. Normally we ascertain this from emails received by the member. Where we cancel the membership prior to the the end of the billing period a refund of the remaining days left shall be refunded.
14) Disclaimer of Warranties
The Website is provided “as is”. The ABC Group PTY LTD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant-ability, fitness for a particular purpose and non-infringement. Neither The ABC Group PTY LTD nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15) Limitation of Liability
In no event will The ABC Group PTY LTD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The ABC Group PTY LTD under this agreement during the twelve (12) month period prior to the cause of action. The ABC Group PTY LTD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the My Inspection App Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless The ABC Group PTY LTD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys and legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Changes
The ABC Group PTY LTD reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The ABC Group PTY LTD may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
