These terms and conditions ("Terms") govern your access to and use of the construction defect management platform ("Platform") provided by RXA Construct ("RXAConstruct," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Platform.
- The features included in your plan are outlined in the lock in contract provided by RXA Construct. You may change the plan level at any time. Any downgrade in the plan level will take effect at the start of the next monthly cycle.
- Subject to the terms and conditions of this Agreement, to the extent the Solution contains a downloadable software component (Software), RXA Construct hereby grants you a non-exclusive, non-transferable, non-sublicensable right and license, during the term of this Agreement, for each Authorised User to install Software on a single device controlled by an Authorised User and to operate the Software in accordance with the Documentation and restrictions set forth in this Agreement.
- RXA Construct may from time to time make changes to the functionality of the Solution, for example to make improvements to the Solution or to address a security threat. RXA Construct will notify you of material changes via your nominated email address.
- You acknowledge and agree that your purchase is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by RXA Construct regarding potential future functionality or features.
Platform Services
RXA Construct provides a platform for reporting and managing construction defects. The Platform allows users to submit reports of construction defects, track the resolution process, and communicate with relevant parties.
The services provided by RXA Construct are subject to these Terms, and RXA Construct reserves the right to modify or discontinue any aspect of the Platform at any time without prior notice.
User Responsibilities
To use and access the platform, you must complete the registration process with RXA Construct and create an Account. When you register for an Account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information.
- Users are responsible for providing accurate and complete information when submitting construction defect reports through the Platform.
- Users must comply with all applicable laws and regulations related to reporting construction defects.
You must ensure that you and your Authorised Users:
- provide us with accurate information and that you will keep your information accurate and up to date at all times.
- maintain the security and the confidentiality of your login credentials. RXA Construct will not be responsible for any issues or disputes that arise because of your failure to maintain the security of your login credentials.
- must notify us immediately if you become aware that your account or login credentials is being used without authorisation
- must immediately notify RXA Construct if you suspect any unauthorised use of your account or any other breach of security.
- must notify us immediately if you become aware that your account or login credentials is being used without authorisation
- ensure that you exit from your account at the end of each session
- do not allow any Authorised User’s username or password to be used by more than one individual Authorised User.
You acknowledge, understand, and agree that you are fully responsible and liable for
- maintaining the confidentiality of your Account, username and password, and ensure confidentiality and complexity of your secure password. RXA Construct is not responsible for any loss or damage arising from the theft or misappropriation of your username and password or any access provided by you directly or indirectly through use of your login credentials.
- all activities that occur under your username and password, including the purchase of the Solution or any other paid features
- the acts and omissions of all Authorised Users relating to this Agreement, all activities that occur under your account and ensuring that all Authorised Users use the Solution is in compliance with this Agreement.
- preventing unauthorised access to, or use of, your Account and the Solution, and notifying RXA Construct promptly if you become aware of any such unauthorised access or use
- the accuracy, quality and legality of all Your Data, including without limitation providing all relevant notices to individuals, companies, and other entities and obtaining all relevant consents as required by applicable Laws, complying with individuals’ requests under applicable privacy laws in respect of Your Data, and deleting Your Data when it is no longer needed in connection with the Solution.
Free Trial Period
RXA Construct may offer you a free, no-obligation 14-day trial period of the Solution (the Trial Period). The Trial Period will commence on the initial date of the access or use of the Solution and will conclude 30 days later, or otherwise sooner:
- if the account is upgraded and you commence payment of the Subscription Fees
- the use of the Solution is terminated in accordance with this Agreement.
You acknowledge and agree that this Agreement is applicable and binding on you during the Trial Period and RXA Construct does not make any commitments in connection with the Solutions or the Solution during the Trial Period.
Cancellation of Service
- You can cancel your plan at any time.
- You can cancel by contacting the RXA Construct support.
- You must cancel your Subscription prior to the Renewal Date to avoid being charged the applicable plan Fee for the relevant Subscription Term on the Renewal Date. If you attempt to cancel your plan during the plan Term, you will not be issued a refund for the most recent plan Fee and the plan will terminate on the next applicable Renewal Date.
- If you wish to reduce the number of Authorised Users in your Subscription, you must do so prior to the Renewal Date.
Confidentiality and Privacy
RXA Construct will take reasonable measures to protect the confidentiality of user information and defect reports.
User data will be handled accordance with our Privacy Policy, which is incorporated into these Terms by reference.
Each party agrees to keep confidential, and not to use or disclose, other than as permitted by this Agreement, any Confidential Information of the other party except:
- to the party’s personnel and professional advisors that reasonably require the information for the purposes of this Agreement.
- with the prior written consent of the party that provided the Confidential Information. and
- to the extent reasonably required by applicable Law or by the rules of any stock exchange or regulator, giving reasonable prior notice (unless disclosure is immediately required) and agrees to take reasonable steps to maintain the confidentiality of the Confidential Information (whether requested by the other party or not).
Termination of Contract
RXA Construct may terminate or suspend a user's access to the Platform at any time and for any reason without prior notice.
RXA Construct may terminate this Agreement immediately by notice in writing if:
- you fail to pay any amount due.
- you are in Material Breach of this Agreement.
- you are in breach of any term of this Agreement and such breach is not remedied within 21 days after we have notified you of the breach.
- you breach or violate any laws in connection with your use of your account or our Solution.
- RXA Construct receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires RXA Construct to do so.
- we reasonably suspect, at our sole discretion, that you have accessed or used your account or the Solution beyond the scope of the rights granted or for an unauthorized purpose or your use is likely to be involved in any fraudulent, misleading or unlawful activities.
- you are a corporation and you become the subject of insolvency proceedings. or
- you are an individual and you become the subject of bankruptcy proceedings.
Code of Conduct
The RXA Construct Code of Conduct is created to maintain the integrity of our Solution for the benefit of all our users. A breach of the Code of Conduct can result in a warning, suspension of access to the Solution or immediate termination (report on any of the above breaches will be further investigated prior to warning and termination).
All users of the Solution agree as follows:
- All users will be courteous and friendly in all interactions and not engage in any discriminatory or offensive behavior towards RXA Construct and users.
- Service Providers will deliver an excellent service and always display professional workmanship.
- Service Providers will honor the price quote submitted to the Service Seeker unless there is a change in the size or scope of work.
- Service Providers will turn up on time if an appointment has been made with the Service Seeker to inspect the job or complete the agreed work.
- Service Providers will not engage in any criminal or unlawful activity, for example taking a deposit and not completing the work.
- Users will not threaten or harass RXA Construct or any users.
