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The Building Estimator Terms and Conditions
This website is operated by Building Estimator and these are the general Terms and Conditions which apply to all use of this website and our online tools. Please read them carefully. Your use of the website and of any of our online tools will be subject to these Terms and Conditions. If you have any questions or comments with regard to these Terms and Conditions, please contact us by email at [email protected]
We may change these Terms and Conditions from time to time. You should read the Terms and Conditions each time you use our website and online tools, ensuring you are aware of the most current changes made to them.
Important liability statement
Whilst we will do our best (that is to use reasonable care and skill) in providing building estimates, the building estimator provided on this website and via our online plugin tools are estimates only and you must only use them on this basis and only for personal (non-business) use. The service works on the basis of analysing construction work items in relation with their unique material and labour requirements, other environmental and physical factors that may likely come to play. Construction work items may differ in a number of ways which are not taken into account, such as standard of construction, nature of project and general condition or specific location. Also, the estimates are, by their nature, subjective and based on estimating and experience needs at the time (and markets can change for various reasons).
The estimates may be relied on as “estimates” which means an approximate calculation which may be lower or higher than the actual required. The estimates suggested herein may be relied on for construction purposes as long as it is deemed an “estimate”. However, we still strongly recommend that you seek or consult a registered quantity surveyor or request through our premium service to get a more realistic and applicable material and labour requirement for your construction project (and in fact it is recommended that you speak to more than one agent to compare estimations).
The estimations are provided for your use only and you may not encourage or allow any other person to rely on them. We shall not be liable for any losses you or anyone else suffers as a result of relying on the estimates. This includes not being liable for any loss of profit, loss of bargain, loss of capital through over-payment or under-sale or for any indirect, special or consequential loss. We cannot and do not guarantee that our website and online tools will be constantly available or error-free.
We do not exclude or limit our liability for anything we are not allowed to, and your statutory rights as a consumer are not affect by any of these terms and conditions.
1. Definitions
In these Terms and Conditions, the following definitions apply:
“thebuildingestimator.com” or “we”, “our” “us” means Building Estimator, whose registered office is at address; “website” means this thebuildingestimator.com website.
2. Conditions of your use of this website and our online tools
You may use the website and the service for personal use only and in accordance with these Terms and Conditions.
You may:
(a) browse the website using a compatible web browser. Permission to browse the website includes permission to make transient or cached copies of parts of the website to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the website by you; (b) print a copy of any page of the website for your own personal purposes, provided you do not do any of the things set out under “What you are not allowed to do”.
3. What you are not allowed to do
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to make any copies of any part of the website.
You may not remove or change anything on the website.
You may not include or create links to or from the website without our prior written consent.
You are not allowed to remove or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied or printed off from the website.
You must only use the website and our online tools and anything available from the website for lawful purposes, and you must comply with all applicable laws, statutes and regulations.
4. Your personal information
Usage of your personal information is governed by our Privacy Policy, which forms part of these Terms and Conditions. In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
5. Rights
All copyright, trademarks and other intellectual property rights in all material and content contained in this website is either owned by us or has been licensed to us by the rights owners so that we can use this material as part of our website and online tools. You are only allowed to use this website and the material contained in this website as well as the online tools as set out in these terms.
6. Disclaimer and limitation of liability
We do not, and nothing in these Terms and Conditions shall act to exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these Terms and Conditions.
Subject to clause 6.1 above, we cannot and do not warrant or guarantee the accuracy of estimations unless acted upon as it is an estimate provided and we shall not be liable to you or any third party in contract, tort, misrepresentation or otherwise for any loss of profit, loss of bargain, loss of capital through over-payment or under-sale or for any indirect, special or consequential loss arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of, the estimations or data or any other information supplied to you through this website or through our online tools or (ii) any decision made or action taken by you or any third party in reliance upon such estimations or information unless acted upon as it is an estimate, and we cannot and do not guarantee that our website and online tools will be constantly available or error-free. However, it is important to get a more realistic estimate form an independent registered quantity Surveyor
Subject to clauses 6.1 and 6.2 , our liability to you whether in contract, tort or otherwise is limited to N50,000 (Fifty Thousand Naira).
Subject to clause 6.1, you agree that your use of our online tools is on an as-is and as-available basis and that your use of our online tools (and your reliance on any estimatess or other information available through the website) is at your sole risk.
The website includes links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites and pages or for anything provided by them.
Subject to clause 6.1, while we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The estimates are provided to you only and may only be used by you for personal non-business use as they are just an “opinion”. You may not encourage or allow any other person to rely on them. If however, it is important to action clause 6.1
Terms like “Bill of quantities”, “Bills for the works”, "Material and Labour scheduled costing”, “Costing for the work” refer to Estimates - and should be treated as estimates as indicated in our - important liability statement.
7. Suspension of website
We may suspend the operation of the website for repair or maintenance work or in order to update or upgrade the contents or functionality of the website from time to time. Access to or use of the website or any sites or pages linked to it will be not necessarily be uninterrupted or error free.
8. Enquiries or complaints
If you have any enquiries or complaints (about the website or our online tools) then please address them to:
[email protected]
9. General and governing law
By browsing the website you are accepting that you are bound by the Terms and Conditions which are current at that time. You should check these each time you revisit the website.
Subject to clause 6.1, these Terms and Conditions form the entire understanding between us and you and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. Both of us may delay enforcing our rights under these Terms and Conditions without losing them.
We will not be liable to you for any breach of these Terms and Conditions which arises because of any circumstances which we cannot reasonably be expected to control.
No part of these Terms and Conditions may be enforced by any person other then us and you.
These Terms and Conditions shall be governed and interpreted in accordance with English law, and you consent to the exclusive jurisdiction of the English courts.
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