Privacy Policy & Terms of Use - ProCalc

Introduction

Please read these Terms carefully. These Terms govern your access to the Website and to the use of ProCalc.

By registering, accessing and using the website and/or ProCalc you agree to be bound by these Terms as amended by Builders Brief from time to time.

This agreement takes effect from the point you first access the Website

If you do not accept any of these Terms, then you must cease using the Website

You may not transfer any of your rights or obligations under these Terms to any person.

You shall be responsible for the confidentiality and use of your username and password(s). You understand that you shall be solely responsible for all information electronically transmitted, or use of any data, information, or services obtained, using your username and password(s).

You agree to immediately notify Builders Brief of any unauthorised use of your login name or any other breach of security known to you.

Breach of these Terms may result in your registration and access to ProCalc being cancelled at the sole discretion of Builders Brief.

The validity, interpretation and enforcement of these Terms shall be governed by the laws of Victoria.

Definitions

In these Terms, unless the context otherwise requires:

  1. Customer Materials means any data, information, content, photographs, metadata and/or other materials you make available to us (or otherwise obtained by us from you (such as from your use of the Website) or that we possess of yours) directly or indirectly, from time to time.Materials means any data, information, content, photographs, metadata and/or other materials, including ProCalc we provide on this website, from time to time.ProCalc means the service made available through the Website, and which generates the price guide report.Price Guide or Report means a preliminary and indicative opinion of probable cost of the likely construction cost of certain specified improvements on an individual residential property which is generated without the physical inspection of the subject residential property, which uses data input by users and available construction data.Terms means these Website and ProCalc Terms of Use.Third Party Information means any data, information, reports and other documentation or materials sourced from a Third Party Supplier.Third Party Supplier means any third party supplier who directly or indirectly supplies us with data or information, where such data or information is then contained within or provided with or through the Website.we or our or similar derivatives, means Builders Brief Pty Ltd trading as Builders Brief and ProCalc.

Website means the URL through which ProCalc is available.

      Use of the website

      1. About the www.procalc.com.au website (the Website)
      2. This Website is created and controlled by Builders Brief. We publish information regarding construction services that we offer as well as topical information on project administration which may be of use to existing and prospective clients.
      3. The information is published as an introductory guide.
      4. The information contained on this website may consist of information, interactive courseware, opinions, text, graphics, animations, links, audio, video, software, photos, music, sounds, and other material and data provided by Builders Brief, third parties or other users formatted, organised, and collected in a variety of forms.
      5. Your access to and use of the information, materials and services provided on this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this website. Your use of this site will mean you accept the website terms of use. If you do not accept these Terms of Use, please exit this website.

      Use of ProCalc Construction Price Guide

      1. We will use reasonable endeavours to ensure that ProCalc is accessible in accordance with these Terms.
      2. The report is a preliminary and indicative price guide and opinion of probable cost of certain specified improvements on a subject residential property which is generated without the physical inspection of the subject residential property, which uses your answers to the calculator questions and available construction data to derive a preliminary construction price guides.

      Payments and Subscriptions

      • $129 per month for 2 projects/month over a 12-month subscription. For each project, you may upload 3 plans or select 3 project types. Your credit card is charged $129 per month for 12 months. We also charge an activation fee of $99 for new or lapsed subscriptions. This plan is a minimum of 12 months which auto-renews upon completion. Should you require additional projects, you can add them to your subscription for $49/project
      • $1,399 Yearly Upfront Subscription for up 24 projects/year. These projects can be used at your convenience should you have fluctuations in your demand for ProCalc reports. For each project, you may upload 3 plans or select 3 project types. Your credit card will be charged $1,399 upfront. We also charge an activation fee of $99 for new or lapsed subscriptions. This plan auto-renews after 12 months. Should you require additional projects, you can add them to your subscription for $49/project.
      • $499 done for you. Your credit card will be charged $499 after you’ve filled out the details in the online form. We include one round of feedback in this price. (although we recommend you consider an annual subscription to obtain better value)
      • $199 per month for up to 8 projects/month over a 12-month subscription. For each project, you may upload 3 plans or select 3 project types. Your credit card is charged $199 per month for 12 months. We also charge an activation fee of $99 for new or lapsed subscriptions. This plan is a minimum of 12 months which auto-renews upon completion. Should you require additional projects, you can add them to your subscription for $39/project
      • $2,199 Yearly Upfront Subscription for up 96 projects/year. These projects can be used at your convenience should you have fluctuations in your demand for ProCalc reports. For each project, you may upload 3 plans or select 3 project types. Your credit card will be charged $1,399 upfront. We also charge an activation fee of $99 for new or lapsed subscriptions. This plan auto-renews after 12 months. Should you require additional projects, you can add them to your subscription for $39/project.

      Disclaimer

      Disclaimer: ProCalc price guides and reports are an opinion of probable cost not a comprehensive/accurate assessment of cost. They are for reference purposes only. Do not rely upon it as a substitute for professional advice from a quantity surveyor or builder who attends site & reviews detailed plans/drawings to provide an assessment/quotation. Proceeding without engaging such persons may result in financial loss.

      TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) (i) THE ESTIMATES ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND WITHOUT LIMITING THE FOREGOING BUILDERS BRIEF DOES NOT WARRANT THAT THE ESTIMATE WILL BE COMPLETE, ACCURATE OR RELIABLE; AND (ii) BUILDERS BRIEF, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS), HOWSOEVER CAUSED OR ARISING FROM THE USE OF THE WEBSITE OR RELIANCE ON THE COST ESTIMATE

      1. It is a condition of use that you will engage a quantity surveyor or appropriately qualified registered construction professional before proceeding to detailed design.
      2. We make no statements, representations or warranties about the accuracy or completeness of the price guide and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website and from ProCalc.
      3. Determining accurate pricing for an individual construction should be obtained from a qualified professional including, but not limited to, a quantity surveyor or appropriately qualified/registered professional.
      4. The information provided on this website has been compiled for your convenience.  We make no warranties about the reliability, accuracy or completeness of any information contained on the website or that your access and use of the website will be uninterrupted or error free.
      5. The Price guide or report is a preliminary and indicative opinion of probable cost of certain specified improvements on a subject residential property which is generated without the physical inspection of the subject residential property, which relies on data input by users and available construction data.
      6. The price guide or report does not take into account site specific features and conditions, local planning laws and regulations and construction design features for the individual site.
      7. ProCalc only provides an opinion of probable cost for single dwelling residential properties. ProCalc does not provide reports for multi-dwelling residential or commercial construction. 
      8. The Price Guide takes into account expected costs such as the Goods and Services Tax but does not take into account possible subsidies or Government grants that may be made available from time to time.
      9. ProCalc relies in part on the information you supply and we do not accept any responsibility for this information.
      10. It is your responsibility to check that all information provided by you in answering the questions asked in ProCalc is complete and accurate.
      11. ProCalc relies in part on Australian construction data. Construction costs vary across different locations and can change relatively quickly. These changes and variations may affect an opinion of probable cost, including that an opinion of probable cost may become out of date in a relatively short period of time
      12. ProCalc’s price guide should only be used as a guide and provides a preliminary and indicative opinion of probable cost of the likely cost of certain specified works on an individual residential property.
      13. Whilst we will use reasonable endeavours to provide price guide that provides a preliminary and indicative opinion of probable cost the price guide should not be relied upon for an accurate pricing assessment of the construction cost for an individual property.
      14. We do not guarantee, and accept no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained on this website or in ProCalc.
      15. While reasonable endeavours have been taken in the preparation of the information made available to you on this website and ProCalc, we cannot accept responsibility for any errors, including those caused by negligence, in the information provided.
      16. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage arising out of or in connection in any way for:
        • any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the website or ProCalc
        • any interruption or cessation of transmission to or from the Website;
        • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party
        • any product or service of any linked sites.

      Copyright and Intellectual Property

      • Material and information appearing on this website including ProCalc is subject to copyright vested in Builders Brief. All content on this website including ProCalc is protected by Australian and International copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
      • You may display and print material from it in unaltered form only for personal use or use within their own organisations.
      • You may not, without our written permission, copy, reproduce, republish, translate, modify, adapt, make copies of, rent, lease, loan, transmit, distribute, create derivate works (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Website, or any materials made available through the Website including ProCalc and price guide.
      • You must not use this website for any purpose that is unlawful or prohibited by these terms of use.
      • Builders Brief asserts the right to be recognised as the author of the material, ProCalc and price guide and the right to have its material remain unaltered.
      • Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.
      • Requests and inquiries concerning reproduction and rights should be addressed to contact@buildersbrief.com.au
      • You must note that the copyright in material appearing on internet sites which are linked from this site vest in the author of that material, or the author’s licensee [subject to the operation of the Copyright Act 1968 (Cth)].

      Third Party Content, Linking and Framing

      • The website may contain links to other web sites and may on occasion display content or information from other web sites within frames on this Website for your convenience. Builders Brief has not verified the content of such third party websites and is not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.
      • The website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for you to use that content.
      • Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website.
      • You must not (or attempt to) use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our website on your own website or in any other publication), except with our prior written permission.

      Security

      • The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from Builders Brief and information submitted to or accessed via this website may not be secure and you should use discretion in deciding what information you send to us via these means.
      • Builders Brief cannot and does not guarantee or warrant to you that files available for downloading through the website or delivered via electronic mail through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
      • You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

      Cookies

      • We may use cookies to identify your computer on our server and so we can track your use of this website. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

      General Provisions

      • If any part of these Terms are held to be invalid that part shall be severed from these Terms and the remainder of the Terms will continue to be valid and enforceable.
      • Users will not use this website for any purpose or in any way which is unlawful.

      Privacy Policy

      • This Privacy Policy applies to the collection, use, disclosure and handling of personal information by Builders Brief (trading as Procalc) and its associated entities via this website. The Privacy Policy explains how Builders Brief handles your personal information (being information about you as an individual) as you access and interact with us and with this website.
      • Builders Brief is committed to protecting the privacy of individuals and is bound by relevant Information Privacy laws.  We will only collect, use or disclose personal information in accordance with those laws and this Privacy Policy.
      • Your use of this website/app is also subject to the Website and ProCalc Terms of Use.

      Collection

      • Builders Brief collects Personal Information and Personal Data from website visitors for the purposes of providing services to our users, and (as described below) for the purposes of better customising our services to you. Any Personal Information and Personal Data collected from you will be used by us in accordance with and as described in this Privacy Statement.
      • It is our usual practice to collect personal information directly from you. We may also collect personal information about you from publicly available sources, or in some cases, from third parties. The information may include (but may not be limited to) your name, contact details and Internet Protocol (IP) address.
      • Any information you provide interreacting with ProCalc, it agents, contractors, suppliers, employees or systems may be be used to contribute to our understanding of market dynamics
      • We also collect non-Personal Information on website visits by users including, without limitation, which sections of the website are most frequently visited, how often, and for how long. This data is always used as aggregated, non-Personal Information, and may be shared with our partners to provide them with information relating to how users ‘use’ the website. This is done for the purpose of providing you with the best and most efficient construction related services.

      Use and Disclosure

      • We only use your personal information for the purposes for which you give it to us and for related, internal management purposes.
      • We may use your personal information for the following purposes including (but not limited to):
        • Providing you with the goods or services you request
        • Promoting and marketing our goods or services to you
        • To improve the operation of our website
        • To inform you of services, events or information that may be of use to you
        • Conducting customer surveys.
      • We do not give personalised or identifiable information about you to other organisations or anyone else unless one of the following applies:
        • you have consented
        • you’d expect us to or we have told you we will
        • it is required or authorised by law
      • We may also share your personal information amongst Builders Brief entities and with contracted service providers we use in conducting our business.  This includes but is not limited to: advertising services, legal and accounting services providers, credit reporting agencies, property service providers and building services companies.
      • We may also use your personal information to measure traffic patterns and to track the usage of our website. 

      Customer Surveys

      • From time to time, Builders Brief surveys its customers regarding their satisfaction with our products and services and the products and services provided by our contracted service providers.
      • If you do not wish to participate in any survey received from Builders Brief, please contact us by email at privacy@themakeovergroup.com.au. If you choose not to participate in surveys conducted by Builders Brief, we are less able to improve our services and those services provided by our contracted service providers.

      Your right of access

      • If you wish to access, correct or update any personal information we may hold about you, please contact us as set out below. However, we may charge for providing access to this information and we may refuse access where the relevant privacy laws allow us to do so.
      • If you wish to request that we correct your personal information held by us you may do so in writing. We may, in accordance with relevant privacy laws, refuse to correct your information in some circumstances.
      • Please contact us via email on privacy@themakeovergroup.com.au if you wish to access your personal information.
      • Information about the Website and our services
      • We may contact you via email, SMS or other means in order to provide you with updated information about the website, in relation to events or to provide you with other information about our services. If you do not wish to receive any such information, please contact us as set out below.

      Third party links

      • The website/app may provide outbound links to other websites. As these websites are not under the control of Builders Brief, they have separate and independent privacy policies. Builders Brief is not responsible for the content or privacy practices of these websites.
      • The website may provide outbound links to other websites. As these websites are not under the control of Builders Brief, they have separate and independent privacy policies. Builders Brief is not responsible for the content or privacy practices of these websites.

      Storage and security of your personal information

      • We will take reasonable steps to keep any personal information we hold about you secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.
      • The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from Builders Brief and information submitted to or accessed via this website may not be secure and you should use discretion in deciding what information you send to us via these means.
      • Builders Brief cannot and does not guarantee or warrant to you that files available for downloading through the website or delivered via electronic mail through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
      • You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

      Changes to these Terms

      • We may change these terms at Builder’s Brief’s discretion. By continuing to use the website/app, or otherwise continuing to deal with us, you accept all updated terms.