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V-Quest (“Services”) is provided by V-Quest Ltd (“V-Quest”). V-Quest is in trade. In subscribing to access and use the Services, or otherwise being granted access to the Services, you agree to the following terms of use and conditions. All subscribed users of the services are deemed to have read, accepted and comply with these terms of use and conditions. If purchasing a subscription for two or more users, it will be your responsibility to ensure that the additional users read and comply with these terms of use and conditions. You accept that any breach by those users of these terms of use and conditions will be deemed to be a breach by you.
In using these services you agree that these terms and conditions supercede and take precedence over any additional agreed terms or conditions of any type that are in conflict with these terms (and the exact clauses of these terms of use have not been explicitly referred to and amended or removed by agreement between V-Quest and you) then you agree that these terms override and take precedence over those terms and conditions in conflict.
You must register, pay the necessary subscription fees, and agree to these terms of use and conditions in order to access the Services. You may not provide any other person access to or use of the Services on your behalf, nor may you sub-license, assign, or sell any of your rights or permissions to use the Services, unless expressly authorised by these terms or as otherwise agreed with us in writing.
It is your responsibility when registering an account with us to choose and maintain a secure password and username. To complete the registration process, you must include your full name, and any other details we may require. You are responsible for maintaining the accuracy of this information. False or misleading registrations are not permitted.
Each and every login (username and password) is unique to a specific live individual. Every individual who wants to utilise the Services needs to have their own login. Generic or shared logins are not allowable and should not be promoted.
If we believe it is essential to protect the security of the Services or any person, if your login is being used improperly and in conflict with these terms, or has been compromised in any other way, we may suspend or disable your account.
Upon receipt of your payment, you will be provided with access to your subscription to the Services. You can renew your subscription to the Services and increase the number of users (“Authorised Users”) who are permitted to access the Services under your subscription by using the billing options in your online account. The subscription fees, which are listed below for various numbers of users and are all priced in New Zealand Dollars and inclusive of GST, are as follows:
Single User Access = POA
Users within your organisation and/or authorised business partners of your organisation who you have specified will need access to the Services for each subscription may be considered Authorised Users. No unauthorised end user or end users without a valid business relationship with your organisation are permitted to access the Services.
You agree and understand that any false information you provide to V-Quest regarding the number and identity of end users, the use of the Service by end users who are not authorised, or the distribution of data and information obtained in use of the Services (“Data and Information”) to end users who, in V-Quest’s reasonable opinion, do not have a legitimate business relationship with your organisation, may result in the immediate termination of your subscription to the Services.
It is your responsibility to make sure that there are no unauthorised user or users of the service that do not have a legitimate business relationship with you. Please contact V-Quest Ltd immediately if you become aware of unauthorised use of the services or if you are unsure if a user is authorised and has a genuine business relationship with you.
In addition to rights (if any) under the Consumer Guarantees Act 1993 (if applicable), if for whatever reason you are not happy with your subscription to the Services, you may be able to obtain a refund. Please send an email to info@35.197.183.105 within seven days of the start of your membership if you require a refund.
You are solely responsible for all expenditures related to desktop and mobile devices, communication connectivity, and system compatibility. You acknowledge that any fees incurred achieving connectivity and compatibility are not the fault of V-Quest.
Our fees will be reviewed on an annual basis and we retain the right to increase our fee for the Services. Any adjustments to the fees will take effect at the renewal date of your annual subscription. You have at that time the option to stop using the Services if you are unhappy with any fee increases.
You may access the Services and put the Data and Information you access to any Permitted Use if you create an account, subscribe to our Services, and pay our subscription costs. The following are the “Permitted Uses” of our services and the data and information you access:
to assist in understanding the embodied carbon calculation for various building works
to assist in understanding the cost calculation for various building works;
to assist in understanding the weight calculation for various building works
to assist in understanding the comparisons of the above across multiple building methodologies; and
to assist with design optimisation, achieving lower upfront embodied carbon design.
For the avoidance of dispute, you do not acquire any copyright ownership in the Data and Information, and you are not permitted to engage in any activity or use of the Data and Information, unless it is a Permitted Use, without our prior written authorisation. For instance, you acknowledge that you are not allowed to (and will not authorise or encourage anybody else to)
copy, compile or distribute the Data and Information for sale, resale or any other commercial purpose (including the use and distribution of materials for the purposes of education, unless express permission has been sought and received in writing from V-Quest);
use our Services for the purpose of copying the Data and Information into a separate database or service that could or would compete with our Services;
data mine, scrape, crawl, create links back to, harvest or use any process or processes that send automated queries to V-Quest;
modify or create any adaptations or derivative works based upon any Data and Information or make copies of any Data and Information (except for Permitted Uses);
frame, embed or otherwise re-publish or re-distribute our Services or this website (or any part of it) in another website, application or service, or by any other means, unless authorised by us;
remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Services or Data and Information;
except as expressly permitted by these terms and conditions or us in writing, incorporate any of the Services or Data and Information into any other materials, products or services;
use the Data and Information to create, or in the course of your creation of, any mailing or address list of persons and/or properties; or
use the Data and Information for direct marketing activities, telemarketing purposes, or in any manner that breaches the Privacy Act 1993 or otherwise infringes the privacy rights of others.
V-Quest or its licensors are the only owners of all copyright in the Data and Information, which includes but is not limited to photographs, images, diagrams, texts, and graphics. Except as expressly provided by these terms and conditions or by us individually in writing, you may not copy, reproduce, or disseminate any Data and Information.
You hereby grant to V-Quest and each of its partners, affiliates, parent companies, related entities, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, assignable right and license to use (publicly or otherwise) any data and information that you provide to us, whether alone or in combination with other data or parties. You guarantee and represent to us that you will have all the necessary authorisations to give us this license when giving such data and information, and that our use of that data and information in accordance with this license will not violate the rights of any third parties. You consent to hold us harmless from all liabilities, damages, losses, costs, and expenditures (including legal fees) incurred by us and arising as a result of your not having these rights.
Unauthorised use, copying, reproduction, or distribution of the Data and Information is a breach of contract that may also violate the Copyright Act of 1994, and be deemed illegal. Upon conviction, you may also be subject to a fine or jail time in addition to damages.
Mis-use of the Services or the Data and Information, or any other violation of these terms and conditions, may result in the termination of your subscription without prior notice and without owing you a refund, without limiting the legal rights and remedies available to V-Quest.
The Data and Information should not be used as a substitute for consulting a professional quantity surveyor, architect, engineer or builder. The information and data are meant to be a guide. You are solely responsible for your use of any Data, Information, or items found in the Services.
Even though we make every effort to keep the information correct and current, EPD data updates, product updates, manufacturing changes, price fluctuations, and changes in construction codes can cause any of the Data and Information to become outdated or erroneous at any time. Regarding the Data and Information’s accuracy or currentness, V-Quest makes no promises or warranties.
Before taking any action, you should seek particular advice from a suitably experienced quantity surveyor, architect, engineer, construction company, or building materials merchant that has specific knowledge and experience of your specific project.
To the fullest extent permissible by law, you acknowledge and agree that V-Quest is not and will not be liable to your for any of the following:
any losses, expenses, or harms that you might suffer (directly or indirectly) as a result of your use or exploitation of the Services or the Data and Information; or
any loss or damage brought on by your failure to get the appropriate guidance for your particular situation regarding building, construction, or building materials;
This limitation of liability does not affect to “consumers'” rights under the Fair Trading Act of 1986 or the Consumer Guarantees Act of 1993. (as defined in those Acts).
The Consumer Guarantees Act of 1993 does not apply to these terms and conditions or your use of our Services if you are or represent a business that is using them for business-related purposes.
Each region’s data and information appropriateness requirements are different. For instance, the New Zealand data set is solely appropriate for usage in that location. Any other nation would not be able to use it. It is the users responsibility for selecting the correct regional source data provided by the Services. Any incorrect selection of regional data is not the fault of V-Quest.
You may stop your use of the Services and terminate your account at any time. Except as expressly provided for in these terms and conditions, you will not receive a refund for any portion of the subscription costs you have paid if you close your account prior to the expiration of your subscription.
If you violate any of these terms and conditions, including by failing to pay our subscription fees when due, we have the right to suspend or terminate your account without prior notice.
We have the right at any time to deny service to anybody for any reason and to suspend or stop providing the Services, in whole or in part. The payment of any refund is at our discretion, subject to any legal rights that consumers may have under consumer protection laws.
You consent to receive email updates and marketing materials from us by accepting our terms and conditions. By clicking the unsubscribe link in the footer of our emails, you can withdraw your consent at any time.
If you are a registered user, we may send you emails with information on our existing or upcoming products and services. This may be in the form of email or any other internal messaging system we decide to use. You agree to receive such messages from us by accepting these terms and conditions while creating an account.
If you’re a registered user, we might send you emails with messages about our current or upcoming products and services. We may do this by email or through any other internal messaging channel we may set up. You give us permission to send you such messages by agreeing to our terms and conditions when you register for an account.
Our privacy policy contains details on how we gather, keep, use, and disclose personal data. By accepting these terms and conditions, you acknowledge reading our privacy statement and consenting to the ways in which we may use and disclose your personal information as set forth in the statement.
We reserve the right to modify these terms and conditions as well as our privacy policy at any time. If we do, we’ll let you know by posting a notice on this website or sending you an email. You consent to notification of a change being posted on this website being regarded as notice to you. You agree to the changes if you continue to use our services after they are made.
Terms and conditions shall apply to any new functions that improve or modify the Services, including the introduction of additional V-Quest tools and resources.
You guarantee and affirm to us that you are fully qualified and authorised by law to enter into and comply with these terms and conditions.
You must not:
modify, adapt or hack our Services or website;
create or alter your own or any other website or application to falsely represent that it is associated with V-Quest or that it has its endorsement or sponsorship; or
use our branding assets and design, including but not limited to our logo, without our express permission.
Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
These terms and conditions, which govern your use of the Services, are the whole agreement between you and us unless something otherwise is clearly stated in writing.
If any provision in these terms and conditions is found to be invalid or unenforceable, to any person or situation;
to the fullest extent authorised by law, such provision will nonetheless apply to any other individuals or situations not affected by the illegality or enforceability;
in regards to those individuals or circumstances giving rise to the illegality or unenforceability, the provision shall be revised to reflect the original intention as nearly as feasible in line with relevant law; and
the remaining provisions of these terms and conditions of use will remain valid and enforceable.
These terms and conditions and your use of the Services are subject to New Zealand law, which will also be used to interpret them. You expressly accept the non-exclusive jurisdiction of the New Zealand courts.