Terms of use - MyProjects

This website is published and maintained by Productspec Limited (“we” or “our” or “us”). By accessing and browsing this website you agree to comply with the terms and conditions set out below (“Website Terms of Use”).

If you are a visitor to our website and do not agree to comply with these Website Terms of Use you must immediately leave this website.

If you are in the process of registering as a member of this website and do not agree to comply with these Website Terms of Use, you must click “I do not accept” and immediately leave this website.

1. Our website

1.1 The purpose of this website is to provide a platform to file, share and archive construction sector project information.

1.2 Except for making available this website and the listing and other services we provide to Industry Suppliers, we do not ourselves sell or provide building and construction industry products, materials or services. If you wish to buy any of the products, materials or services listed on this website, you must contact the relevant Industry Supplier directly. We do not act as the agent of any Industry Supplier in relation to their products, materials or services.

1.3 We are not responsible for the conduct or performance of any Industry Suppliers or the quality, suitability, safety, legality or availability of any of their products, materials or services.

2. Information on our website and links to other websites

2.1 Our website provides a venue for specifiers to file, share and archive construction sector project information sourced from Productspec, Smartspec and other websites and online user platforms. We do not warrant or represent that any information hosted on this website is current, complete, or accurate.

2.2 Additionally, we are not responsible for any content or information on any website that is linked to our website, including any content or information on any website of any Industry Supplier. We include such links for your convenience and you should not consider such linking as an endorsement by us of any business, product, service or information on that website.

2.3 You will be responsible for your use of any Website Information and any information on or from any website linked to our website. You should make your own investigations as to the quality and usefulness of all such information.

3. Intellectual property rights

3.1 You acknowledge that:

(a) the Website Information is of significant commercial value to us, the Industry Suppliers and our other licensors;

(b) all copyright, trade marks, database rights and other intellectual property rights in the directory listings, the Website Information and in the website itself are owned by us, the Industry Suppliers or our other licensors; and

(c) except as expressly stated in these Website Terms of Use, no right or licence is granted to you in relation to the Website Information or the intellectual property rights in such Website Information.

3.2 You may use and copy the Website Information for your own personal or internal business purposes, provided that you do not:

(a) deface or remove any copyright notices or trade marks in any Website Information downloaded or copied by you from our website;

(b) compile or extract Website Information from this website for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or

(c) use any trade mark in a manner that is reasonably considered by us, the Industry Suppliers or our licensors, to be a misuse or appropriation of that trade mark.

4. Privacy Policy

4.1 We may collect personal information when you use our website or register as a member of our website. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this website, you acknowledge acceptance of the terms of our Privacy Policy.

5. Registration as a member of our website

5.1 If you register to be a member of our website, additional information and the on-line member forums will be made be made available to you. We may decline to register you as a member of our website for any reason and we are not obliged to state such reason.

5.2 You are responsible for keeping your login information, including your log-in ID and password, secret and secure. You agree not to permit any other person to use your log-in information or to access any services or information provided to you as a member of our website. You agree not to disclose (directly or indirectly) any information that may allow a third person to gain access to any services or information provided to you as a member of our website.

5.3 The on-line member forums are made available to you, other registered members of our website and Industry Suppliers to share information, advice and opinions about the building and construction industry in New Zealand . The information, advice and opinions expressed in any forum do not necessarily reflect our views and we do not review such information, advice or opinions for accuracy.

5.4 You will ensure that all information submitted by you to any online member forum will not contain anything that:

(a) could be considered misleading, deceptive, defamatory, offensive, obscene, illegal, indecent, unlawful or objectionable;

(b) infringes any copyright or other intellectual property rights of any person; or

5.5 Subject to our Privacy Policy in relation to any personal information, you acknowledge and agree that all information submitted by you to any online member forum on our website will be made publicly available by us and may be used by us for any purpose whatsoever.

5.6 We may remove any information submitted by you to any online member forum on our website, or may suspend your access to such forums, at any time and for any reason. We are not obliged to state such reason.

5.7 You agree to at all times indemnify us and our directors, employees, agents and other personnel against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any of us arising out of or in connection with any information submitted by you to any online member forum on our website.

6. Website integrity

6.1 You must not attempt to:

(a) damage, interfere with or harm our website, or any network or system underlying or connected to our website, in any way whatsoever;

(b) amend any information contained on our website, unless you are expressly permitted by us to do so; or

7. Amendments

7.1 We may amend these Website Terms of Use from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.

7.2 Your continued use of our website will constitute your acceptance of any amendments or revisions to these Website Terms of Use.

8. Warranties and liability

8.1 You understand and agree that your use of our website and/or any services provided on our website or by us, is at your sole risk. Our website, the Website Information and the services provided by us are provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).

8.2 Without limiting the above, we do not warrant that our website or any services provided by us will be available at all times, secure or error-free, or that any Website Information is error-free or reliable.

8.3 In no event will we, or our employees, agents, directors and other personnel, have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our website or any services provided by us or any Website Information, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.

8.4 None of the exclusions or limitations set out in these Website Terms of Use will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.

9. Non compliance

9.1 If you do not comply with these Website Terms of Use we may suspend or block your access to our website, terminate your membership to our website (if applicable) and pursue any other legal actions or remedies available to us against you.

10. Waiver

10.1 Our failure or delay in the exercise of any right or remedy we may have under these Website Terms of Use will not be construed or operate as a waiver such right of remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

11. Governing law

11.1 These Website Terms of Use will be governed by the laws of New Zealand . You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand . You may only bring a claim or action against us in the courts of New Zealand.

12. Fair use

12.1 Use of the MyProjects platform by a user is to remain related to the construction sector. Uploading of malicious content, including, but not limited to, adult themed content /or movie files, is prohibited. Prohibited content that we deem inappropriate will be deleted by our site administrator without warning and will not be able to be retrieved.

12.2 Should the storage of files by a single user exceed acceptable parameters, MyProjects reserves the right to limit that user’s ability to upload further files.

13. Limitation of liability

13.1 We will not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages for any loss of access, loss of data, business interruption or any other losses incurred that are deemed to be associated with your usage of our platforms.

13.2 Data, whether for personal, commercial, business, or shared use is at the sole-risk of the user at all times.