Terms of Use

Acceptance of Terms

The services that iConstruct provides to you are subject to the following Terms of Use (“TOU”). iConstruct reserves the right to update the TOU at any time without notice to you.

Pricing

Quoted prices are subject to variation by iConstruct Pty Ltd without notice.  Public distribution of iConstruct Pty Ltd quoted prices render the pricing as void. Pricing is only valid for the terms specified on the quote. Accepted pricing must be ordered for by the customer and shall only bind when iConstruct Pty Ltd receives confirmation in writing.

Payment Terms

Unless otherwise agreed in writing by iConstruct Pty Ltd payment terms are receipt of invoice issued. Remittance Advice must be forwarded to our Accounts Department to ensure correct timely allocation of funds.  email:  accounts@iconstuct.com

Retention of Title

The licence to goods does not pass from iConstruct Pty Ltd to the customer until full payment is made to iConstruct Pty Ltd. Loss or damage and risk
The liability for any loss or damage shall pass directly to the purchaser once the product has left iConstruct Pty Ltd warehouse for delivery to the customer. Any claim for damage or short delivery must be made in writing and addressed to iConstruct Pty Ltd and received by iConstruct Pty Ltd within seven (7) working days of delivery of the goods.

Cancellation of Order

Cancellation of software orders will incur a 20% restocking fee for the return of the product to the supplier.

Training course cancellations / deferments must be one week prior to course commencement date, to allow effective re-scheduling. For any training cancelled by you the client within one week of commencement of said training, for which there is no intention of rescheduling, will be refunded at 50% of the purchase amount.

Return of Products

For more about returning products, please see our Refund Policy

Description of Services

iConstruct provides you with access to a variety of resources or “Services”. The Services, including any updates, enhancements, new features, and/or the addition of any new properties, are subject to the TOU.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy

See the Privacy Statement relating to the collection and use of your information.

Software Available on this Website

Any software that is made available to download from the Services (“Software”) is the copyrighted work of iConstruct and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software counter to the License Agreement is prohibited by law, and may result in severe penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ICONSTRUCT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, ICONSTUCT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ICONSTRUCT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is iConstruct.

Notice Specific to Documents Available on this Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Violators will be prosecuted to the maximum extent of the law.

Documents specified above do not include the design or layout of the iConstruct website or any other iConstruct owned, operated, licensed or controlled site. Elements of iConstruct websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any iConstruct website may be copied or retransmitted unless expressly permitted by iConstruct.

ICONSTRUCT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL DOCUMENTS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. ICONSTRUCT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ICONSTRUCT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ICONSTRUCT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software, Documents, and Services Available on this Website

IN NO EVENT SHALL ICONSTRUCT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Security

Any of the Services requiring completion of the registration will require current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of any passwords or licence keys . Furthermore, you are entirely responsible for any and all activities that occur under your licenced usage. You agree to notify iConstruct immediately of any unauthorized use of your licence, or any other breach of security. iConstruct will not be liable for any loss that you may incur as a result of someone else using your licence or details, either with or without your knowledge. However, you could be held liable for losses incurred by iConstruct or another party due to someone else using your licence or details. You may not use anyone else’s licence at any time.

No Unlawful or Prohibited Use

As a condition of your use of Services, you will not use Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any iConstruct server, or the network(s) connected to any iConstruct server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any iConstruct server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE ICONSTRUCT’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ICONSTRUCT AND ICONSTRUCT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ICONSTRUCT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ICONSTRUCT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ICONSTRUCT OF THE SITE.

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