Terms & Conditions (For the use of I-phone Application and Admin System)

In using this applicationyou are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this applicationand accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual service providers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and


• Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.


• This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Fees and Payment for Application

• Usage of the application in free.

Fees and Payment for Reports

• Usage of the reports/ application is free, however as per this agreement you must have an administration system which allows you access to all reports. There is annual fee of $499 per annum excluding GST payable upon registration. You will be allowed a month free trial period allowing you 13 monthsof usage for 12 months payment.

• “NB The licence for the use of this application is limited to one device per applicant” If more than one device or more than one applicant is using the application additional licence fees of $199 per annum will be charged per applicant and / or device. In respect of companies with more than one employee using the application the licence fee will apply to each employee.

• PayPal, Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft, Direct money transfers are all acceptable methods of payment.

Termination of Agreements and Refunds Policy

Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.

By using any DBIS Services:

• You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. 
• You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
• You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum. 
• You agree not to make, attempt or allow any unauthorized access to DBI website, servers, your own hosting account or the account of any other DBI customer.
• You agree not to allow any remote code execution of malicious software through your hosting account at DBI.
  
• You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against DBI servers and facilities or the servers and facilities of other network hosts or Internet users.
• You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
• You agree that you will not use your DBI account for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
• You agree that DBI will not be liable for the use of the inspection report,information on the report or any disclaimersin the application.
• You agree that as a professional you are responsible for tailoring your reports to meet Australian Building Code and comply with the Australian Building Standards AS4349.1 and that the DBI report application is to be used as a guide only.

DBI is not liable if you as an inspector failto save, send or accidentally delete reports while using the application or if there is an internet or IT failure especially in remote areas

You agree that you will not use DBI services to host any website, other content, links or advertisements of websites that: 

• infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; 
• are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related       merchandising; 
  
• contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;  
• contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
• contain any kind of proxy server or other traffic relaying programs.
• Promote Money Making Schemes, Multi-level Marketing or similar activities.
• Contain Torrent trackers, Torrent Portals or similar software. 

Design Build Inspect reserves the right to change these terms and conditions from time to time at its own discretion and without notice.