Contracts Online Terms and Conditions

  1. Acceptance of Terms
  2. Intellectual Property Rights
  3. Use of Website
  4. Use of HIA Contracts
  5. Payment
  6. Refunds
  7. Data Protection
  8. Limitations of Liability and Warranty
  9. Trialling Version
  10. Variation

1 ACCEPTANCE OF TERMS

By using HIA Contracts Online you agree to following terms and conditions ("the terms").

2 INTELLECTUAL PROPERTY RIGHTS

HIA owns the intellectual property rights in the website, HIA contracts and any other material on the website.

3 USE OF WEBSITE

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

4 USE OF HIA CONTRACTS

On our Site, we offer "fill in the blank" standard form HIA Contracts.

HIA grants you a limited, personal, non-exclusive, non-transferable license to use HIA Contracts in connection with your clients for your own internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Contracts in any manner. You shall not remove any copyright notice from any HIA Contract. You may not redistribute any HIA Contract.

5 PAYMENT

You will need to purchase contract credits before you will be able to complete a contract. Purchase your credits by clicking on Inventory. Select the contract and enter the number of credits required. Click on the Purchase button.

HIA members purchasing credits over the value of $1000 may either pay via credit card or on account by selecting Invoice. Members purchasing credits of less than $1000 in value will need to pay via credit card. Non-members will also need to pay via credit card.

If you attempt to complete a contract but have not yet purchased credits relevant to that contract, you will be redirected to the Inventory page before proceeding.

Payment invoices are emailed to you for your records

6 REFUNDS

You can request a refund of any unused Credits purchased for HIA Contracts Online.

HIA will refund any payment made for Credits purchased for HIA Contracts Online, so long as you have not used or completed the HIA Contract. Upon a valid request being received, HIA will refund to you the amount you paid for the HIA Contract.

HIA will not issue refunds for credits that have been used.

Members are encouraged to fully preview the applicable HIA contract prior to using the Credit and Completing the contract.

The contract should be checked for all details, including builder’s name, owner’s name, site address and contract price before it is "completed".

7 DATA PROTECTION

Any information supplied by you to HIA is subject to the Privacy Act and any Privacy Policy HIA may publish from time to time. HIA will protect your information from unauthorised access at least as well as it protects its own corporate information.

Completed contracts are stored in portable document form ("pdf"). HIA will not view your completed Contracts but may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support, unless otherwise authorised by the user.

The Software runs on HIA’s computers, and these also store the relevant data. In the event of failure, malfunction of or damage to HIA’s computers, HIA will provide backup copies of your data as stored on the computers in the week preceding the failure. You should also keep your own hard copies of any contracts and other records produced through the use of the Software.

Information entered in HIA Contracts Online is stored on servers that have several layers of protection to block unauthorised access to that information.

HIA will store your data on its computers for at least 6 months. Data older than 6 months may be removed by HIA to archival backup material.

8 LIMITATIONS OF WARRANTIES AND LIABILITY

This Software is provided "as is". HIA provides no express warranties, and does not represent that the Software is fit for any particular purpose or will achieve any particular result. You should not rely on the Software and should keep your own copies of all relevant information.

You understand that your purchase, download, and/or- use of a contract is not legal advice and that each contract and any applicable instructions or guidance is not customised to your particular needs.

To the maximum extent permitted by applicable law, all warranties, rights, remedies and liability to you or a third party for breach of contract, negligence or breach of any other law are excluded. In the case of any liability which cannot lawfully be excluded, but can be limited, HIA’s liability is limited to its choice of resupplying or paying the cost of re-supplying the services consisting of the use of the Software.

Use of the Software is provided in an on-line Internet environment over which HIA has no control. You should take this into account when deciding to use the Software. HIA accepts no liability if you are unable to obtain access (or useful access) to the Software, either at all or at the time you require it, as a result of any technical fault, interruption or delay in Internet access by you to HIA’s computers.

9 TRIALLING VERSIONS

HIA may from, time to time, make certain contracts available free of charge for trialling purposes.

You acknowledge that in event you use such contracts, your access is a simple, non-exclusive and temporally restricted right that solely for the purpose of testing and trialing the contract.

HIA is not obligated to provide maintenance, technical support or updates for contracts offered for in such circumstances. HIA is not obligated to make these contracts commercially available in the future.

HIA gives no warranties, representations, conditions, undertakings or other obligations the contracts available for trialling will be error-free or that such errors will be corrected are given, all of which are hereby excluded to the fullest extent permitted by law.

10 VARIATION

HIA may revise these terms and conditions from time-to-time, including the price of HIA contracts. This may affect the purchased credits available for use. Variations to these terms and conditions will apply to the use of this website from the date of the publication of the varied terms and conditions upon this website.