ARCHITECT GP AUSTRALIA

USER TERMS

These User term (“Terms”) apply to all Users of this Website and Our Services.

The Website and Our Services are provided by Sarah Hobday-North trading as Architect GP Australia ABN 3628 1960 350  (hereinafter “we”, “us”, “our” or “Architect GP”).

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our Website and Our Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time. If you do not accept these Terms, you are not permitted to use our Website or Our Services.

DEFINITIONS

“Client” means anyone purchasing the Services through our website.

“Consultant” means anyone offering, advertising or selling their Consulting Services through our Website.

“Consulting Services” means the various introductory architecture services which are provided to Clients by Consultants, which are further described on our Website, and which may be organised via our Website.

“Content” means any and all material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the website.

"GST" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.

"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

“Introductory Calls” means the 30-minute Call with Sarah which we offer directly to Clients.

“Our Fees” means our fees which we charge for the use of our Services.

“Our Services” means the services we provide via our Website, whereby we introduce Clients and Consultants and enable Consultants to provide their Consulting Services to Clients.

“Service Package” means a package of Consulting Services which is described on our Website.

“Service Price” means the price payable for a Service Package, as stated on our Website.

“Website” means www.architectgp.au.

“We”, “our” and “us” or “Architect GP” means Sarah Hobday-North trading as Architect GP, architectgp.au and includes directors, employees, contractors and affiliates.

“You” and “User” means the individual or business that is using our Website and the Services, and includes any Consultant and any Client.

ROLE OF ARCHITECT GP

We are primarily acting as a neutral facilitator to connect Clients and Consultants. The only exception is that we offer 30-minute calls with Sarah (“Introductory Calls”) which we provide directly to Clients.

Aside from the Introductory Calls, we are acting as a neutral facilitator only by providing an information and introductory service that brings together Clients and Consultants.

We are not a party to any transaction between any Clients and Consultants that may originate on or through this Website. All work, deliverables and outputs required to provide the Services  is supplied by the Consultant and not by us.  We provide a transparent description of services and outputs which the Consultant offers to provide the Client at the advertised price.

We do not and cannot verify the information that Consultants supply nor can we guarantee the Consulting Services they offer. We are not involved in, are not responsible for and we assume no liability in respect of any Consultants, quotes, information supplied, prices, contracts or anything related to the Consulting Services.

We urge you to make your own enquiries about any other User before engaging with them. If you are a Client then we urge you to make your own enquiries before engaging the Consulting Services of any Consultant, and to verify their information and Consulting Services independently.

HOW IT WORKS

We provide an introduction service, where we enable Clients and Consultants to connect with each other. This connection is based on the written description of services which are agreed by the Client and Consultant.

We allow Consultants to offer some basic Service Packages on our Website, and Clients are able to purchase those basic Service Packages via the Website. If Clients and Consultants wish to undertake any additional services (beyond what is included in the Service Packages), then they are free to do so and may negotiate the terms of any such additional services independently and directly with the Consultant.

When Consultants and Clients wish to connect with each other via our Website, it works like this:

• A range of Service Packages are advertised on our Website. These Service Packages all involve Consulting Services (they do not involve Our Services).

• Clients are free to browse the various Service Packages and they may reach out to us for further information or a discussion about the Service Packages.

• If a Client wishes to purchase a Service Package, they may do so by clicking the “Book this Service” button which applies to that Service Package.

• The Client is able to select the relevant architect that services their geographical area, from the drop-down menu.

• The Client is able to select an available time from the architect’s shared calendar.

• In order to book the Service Package, the Client must pay the Service Price upfront and in full, plus GST, using a credit card.

• Unless otherwise specified in writing, all Service Prices are expressed exclusive of GST.

Architect GP only facilitates the connection of Consultants and Clients for the Service Packages as displayed on our Website. If the Client and Consultant wish to undertake any other services together, they are free to do so, and to negotiate the terms of such services between themselves. Architect GP will not have anything to do with such additional services.

DISPUTES

NO SHOW BY THE CONSULTANT:

In the event that the Consultant fails to attend a scheduled appointment with the Client (“Failed Appointment”), then the Client should first attempt to reschedule the appointment with the Consultant.

If the Client is unable to reach the Consultant or the Consultant refuses to make alternative arrangements with the Client, then the Client should notify Architect GP.

Architect GP will try to communicate with both the Consultant and the Client in order to rectify the situation. If Architect GP is unable to arrange an alternative mutually convenient appointment with the Consultant and the Client, or the Consultant is a no show for a second time, then Architect GP will ensure that the Client receives a full refund of any money paid towards the Service Price which relates to that Failed Appointment.

In the event of a Failed Appointment which is not rectified by the Consultant to the satisfaction of the Client or Architect GP, the Consultant may be removed from the Website and may have their account closed.

IF THE CONSULTANT FAILS TO PROVIDE THE SERVICE PACKAGE AS DESCRIBED ON THE WEBSITE:

 In the event that the Consultant fails to provide the Service Package as described on the Website, (“Undelivered Services”) then the Client should first notify the Consultant and ask them to provide the Undelivered Services.

If the Client is unable to reach the Consultant or the Consultant refuses to make alternative arrangements to provide the Undelivered Services to the Client, then the Client should notify Architect GP.

Architect GP will try to communicate with both the Consultant and the Client in order to rectify the situation.

While Architect GP will do what it can to apply pressure to the Consultant to provide the Undelivered Services to the Client, Architect GP does not warrant, represent or guarantee that the Client will receive the Undelivered Services. The Client acknowledges and agrees that they are engaging with the Consultant at their own risk. 

In the event of Undelivered Services which are not rectified by the Consultant to the satisfaction of the Client or Architect GP, the Consultant may be removed from the Website and may have their account closed.

IF THE CLIENT BELIEVES THEY RECEIVE BAD ADVICE FROM THE CONSULTANT:

In the event that the Client believes they received bad advice from the Consultant, or has a dispute around the Services, and this resulted in some kind of loss, harm or damage to the Client (including but not limited to financial loss), the Client must address this matter directly with the Consultant. The Client acknowledges and agrees that Architect GP is a third party facilitator and is not responsible for  any advice that the Client receives from the Consultant, and the Client will not make any claim against Architect GP in relation to any advice that the Client receives from any Consultant.

DISPUTES GENERALLY:

By using the Website and/or Our Services, you agree and acknowledge that you do so at your own risk. You agree to address any and all problems, concerns and issues that you may have with any other User or in relation to any Consulting Services or any Service Package, directly with the relevant User and that we are not liable for any action or inaction of the other User.

We take no responsibility and are not liable for any Consultant, Client other User, their action or inaction nor for any Consulting Services provided through the Website in any way. Whilst we hope and expect that all Consultants and Clients will act honourably and with integrity, and we take efforts to include on this platform only consultants well suited to the work and of integrity, we cannot verify any Consultant or Client nor can we categorically confirm the quality or reputation of any Consultant or Client. You need to check all references and reputation as you would with any purchase of similar goods and services.

In the event of any claim by any User or third party against us resulting either directly or indirectly from your any act or omission by you, you agree to indemnify us and take over any such claim.

PAYMENT AND FEES

Aside from payment of the Service Price as well as any applicable GST, the Client has no other fees or charges to pay for use of the Website, Our Services or the Consulting Services.

All payments via our Website are processed via Stripe. By using the Website or Our Services, the Client and the Consultant agree to comply with any of Stripe’s applicable terms and conditions or policies.

Our Fees are payable by the Consultant, in consideration for the Consultant’s use of Our Services and the Website.

Service Prices and Our Fees may be updated from time to time, and all up-to-date Service Prices are published on our Website.

By purchasing a Service Package, the Client agrees to the Service Price for the Service Package as stated on our Website at the time of purchase.

By registering as a Consultant on our Website, the Consultant agrees to Our Fees as published at the time of registration, as well as any of Our Fees as updated from time to time and communicated to the Consultant in writing.

The Consultant agrees that we may deduct Our Fees from any payments we receive from Clients on the Consultant’s behalf, before paying the balance to the Consultant.

GENERAL USER AGREEMENT

In order to access and use our Website and Our Services, you agree to the below terms.

You acknowledge and agree:

• Aside from the Introductory Calls, we are a facilitator only for the purposes of permitting Consultants and Clients to interact and transact with each other;

• We are not responsible for, nor affiliated with any particular User beyond providing Our Services;

• We are in no way responsible for your choice of goods or service purchases. Any goods or services bought or sold between Users (including but not limited to the Consulting Services) is your contractual relationship with that individual User. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction;

• By using this Website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Website;

• The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and

• You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website.

We make no warranty that the Website or Our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavor to ensure the Website and Our Services are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website or Our Services become unavailable for any lengthy and unusual time period.

REGISTERING FOR OUR SERVICES

In order to use Our Services, you may choose to, but are not required to, register and set up an account. You must at all times, keep your registration details accurate and up-to-date, and/or disclose true and accurate information. You will not share your password or login details with any other person.

Any breach of these Terms will result in termination in accordance with our below Cancellation and Termination clause.

By submitting any Content to the Website, you represent that you have the ownership rights and title to this Content. You also represent that you are not breaching any regulations, restrictions or third-party rights by using that Content, submitting it to the Website, or allowing us to use it.

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content submitted by you in respect of any legal proceedings of any competent jurisdiction worldwide. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our Website or for any action or inaction by you in connection with Our Services.

In addition, you agree to fully indemnify us for any and all claims as a result of you using Our Services or for any third-party claims which may result from your Content, or any business you conduct with any User. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise.

CANCELLATION AND TERMINATION

TO CANCEL YOUR SUBSCRIPTION:

If you wish to cancel your registration to our Website, you must do so in writing by notifying us athello@architectgp.au

Upon cancellation of your registration, all of your Content, material and links will be deleted.

We are, however, at no time responsible to you or any third party for any deleted files, advertisements, data or other information that may have been deleted, lost, corrupted by you or us accidentally or intentionally or may have otherwise become unavailable prior to or after the cancellation of your registration.

WE MAY TERMINATE YOUR ACCOUNT OR YOUR USE OF OUR SERVICES AT ANY TIME:

We have the right to terminate your account and/or your use of Our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your registration and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect any information or Content you provide is untrue, inaccurate or incomplete, or that you have breached these Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have acted in a way that is contrary to the purpose of our Website, at our sole discretion we have the right to immediately terminate your registration, remove any of your Content or any other information, and terminate your access to the Website and Our Services. We may also deny the use of our Website and Our Services in future.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

In the event of any breach of our Terms or termination of your registration, we are not required to provide any refund or part thereof unless otherwise required by law.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of Our Services or any information on our Website.

You acknowledge and agree that we have no affiliation with any Clients or Consultants except that they use Our Services. In relation to all interactions that you have with other Users, we are facilitator only and are not in any way responsible for the conduct of any other User (whether a Client or a Consultant), or of any third party provider.

We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of Our Services.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified.  All other conditions and warranties which may be implied by custom, or statute are expressly excluded.

This limitation of liability clause includes any reliance by you on the information on the Website, access to or inability to use the Website. You assume all risk in using Our Services and the Website and we cannot be liable for your use of or reliance on any of Our Services or the Website.

While we endeavor to keep the Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of Our Services or the Website for any particular purpose and we provide them for your informational purposes only and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

We are not responsible for any loss or damage which you may suffer as a result of your interaction with another User, or any issues you may have with any other User and we cannot be held responsible for any direct or indirect loss you may suffer as a result of interacting with another User (whether a Consultant or a Client).

In addition, we will in no way be liable to you for any direct, indirect, incidental, special, or consequential loss or damage of any nature or type (including but not limited to any physical, mental or emotional injury, loss of opportunity or revenue, insolvency, or any other issue) which may arise as a result of your use of or reliance on Our Services or the Website, or anything related directly or indirectly to your use of any information or services accessed on or through this Website.

In any case, our liability to you will not exceed $100AUD.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

CONTENT

In posting any Content to the Website, you will at all times ensure you are doing so in good faith and all times abide by these Terms and any other applicable rules, policies or terms on our Website.

Any Content you submit to the Website will abide by our Terms and will be made in the spirit, culture and ethos of the Website.

You agree you will only submit Content in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Content that may offend any person, visitor, User, Client, Consultant, or third party. We can at any time, in our sole discretion, remove any Content and deny you access to the Website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using the Website or Our Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

By continuing to use the Website or Our Services after we have published any modifications to the Terms, then you accept the Terms as modified and agree to be bound by them.

LINKS TO OTHER WEBSITES

We may from time to time provide links to other websites or information for your convenience.

We take no responsibility for any of the content found on any linked websites or any linked information.

Our Website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.

THIRD PARTY SERVICES

You acknowledge and agree that we may engage third party service providers to assist with the delivery of Our Services.

You agree and acknowledge that the Website may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

From time to time you may be required to agree to terms and conditions relating to those third party service providers.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are the registered trademarks, copyright, trade or service marks of Architect GP.

All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Users.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

PHOTOGRAPHS

Consultants may be required to take photographs of any work that they produce for the Client during the Consulting Services (the “Work”).

By agreeing to these Terms, the Client also agrees that the Consultant may take photographs of the Work (“Photographs”), provided that no people are included in these Photographs. The Client agrees that the Consultant and Architecture GP may use the Photographs for promotional purposes such as by publishing them on the Website, on the Consultant’s website, or in other promotional materials.

YOUR PRIVACY

At Architect GP we are committed to protecting your privacy. We use the information we collect about you to customize and improve the services that we provide to you. We at all times, respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our Users, is protected by our secure servers.

Credit card information is not stored by us on our servers.

DISCLOSURE OF YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our user agreements; or to protect the rights, property or safety of our Users or third parties.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the Website. We shall not be liable to you or any third party for any modification when it is required.

We make no warranty that the Website or Our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Website becomes unavailable for any lengthy and unusual time period.

RELATIONSHIP

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

WHOLE AGREEMENT

These Terms and any written agreement regarding Our Services represent the whole agreement between you and Architect GP concerning your use and access to our Website and your use of Our Services.

No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.