Terms of Use
1. Introduction
Welcome to Cost Estimator Ltd. Please read this policy carefully. It applies between you, the user of this Website and us, Cost Estimator Ltd, the owners and providers of this Website. These Website Terms of Use govern your use of this Website; by using this Website, you accept these Website Terms of Use in full. If you disagree with these Terms of Use or any part of them, you must not use this Website. In this policy the following terms shall have the following meanings:
“User”, “You” and “Your” means any party that accesses the Website that is not employed by us and acting in the course of their employment;
“We/Us/Our” means Cost Estimator Ltd, a company registered in England under number 11965678, whose registered office is at 20 Mannin Way, Caton Road, Lancaster, Lancashire, LA1 3SW.
“Website” means the website that you are currently using (www.software.costestimator.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. License to Use the Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and the material on the Website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not, without first obtaining our permission in writing:
a) republish material from this Website (including republication on another website);
b) sell, rent or sub-license material from the Website;
c) show any material from the Website in public or for a commercial purpose;
d) reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
e) edit or otherwise modify any material on the Website, or
f) redistribute or use material from this Website except for content specifically and expressly made available for use or redistribution.
Any documents paid for and downloaded from our Website are subject only to the exclusions listed in a) to d) above.
3. Acceptable Use
You must not use this 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 this 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 this Website without our express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without our express written consent.
4. Restricted Access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to other areas of this Website, or indeed this entire Website, at our discretion. When creating an account to pay for and download documents from our Website or to use our estimating portal, you must keep any username and password confidential. We reserve the right to suspend or terminate any user account without giving a reason and without being liable for compensation. We reserve the right to carry out Website maintenance as necessary and will endeavour to advise you of this in advance where possible.
5. User Content
In these Website Terms of Use, “user content” means material (including, without limitation, text, images, audio and video material) that you submit to this Website and when following us on social media for whatever purpose. You retain the rights in all user content that you create while using the Website. However, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sublicense these rights and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. The responsibility for all user content rests with the user who produced it. We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website. However, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
6. Links
This Website may also include links to other websites. These links are provided for your convenience, to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this Website from another website or document without our prior written consent.
7. No Warranties
We do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date. Whilst every effort is made to keep the Website up and running smoothly, we do however exclude any liability to you should the Website and/or any of the associated resources not be available to you at any particular time. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and its use (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
8. Limitations and Exclusions of Liability
Nothing in these Website Terms of Use will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; or limit or exclude any of our or your liabilities in any way that is not permitted under applicable law (including, but not limited to, your rights as a consumer). Where any information on the Website is provided free-of-charge, we will not be liable for any loss or damage of any nature whatsoever. In no event shall we be liable for any injury, loss or expense howsoever arising from your implementation and/or use of any of the subject matter taken from our Website. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage. All clients purchasing services from us are also subject to the provisions (including the liability provisions) of our Terms and Conditions, additional copies of which are available on request.
9. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Website Terms of Use.
10. Breaches of These Terms of Use
Without prejudice to our other rights under these Website Terms of Use, if you breach these Website Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
11. Variation
We may revise these Website Terms of Use from time to time. The revised terms will apply to the use of our Website from the date of the publication of the revised Website Terms of Use on our Website. Please check this page regularly to ensure you are familiar with the current version.
12. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Website Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Website Terms of Use.
13. Severability
Any part of these Website Terms of Use found to be unlawful, invalid or otherwise unenforceable would be severed from the contract between us. The validity and enforceability of the remaining parts of these Website Terms of Use would not be affected.
14. No Waiver
If any rights under these Website Terms of Use are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
15. Exclusion of Third Party Rights
These Website Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Website Terms of Use is not subject to the consent of any third party.
16. Communications
If you have any questions about these Website Terms of Use, please write to us using the contact details on the Website. 17. Entire agreement These Website Terms of Use, together with our Terms and Conditions of Business, Privacy Policy and Disclaimer constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
18. Law and Jurisdiction
These Website Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Website Terms of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
