Figuretree Terms of Use

Figuretree is a web-based tool that helps you create and manage anything related to numbers, price and/or quantity. Figuretree.com is published and maintained by Availabuild Limited (“we” or “our” or “us”). By accessing and browsing this website you agree to comply with the terms and conditions set out below (“Terms of Use”). If you do not agree to comply with these Terms of Use you must immediately leave this website.

Our website

The purpose of this website is to provide:

1. a web-based calculation tool allowing users to create and manage budgets, estimates and prices.
2. access to a calculation tool which can be amended, added to and customised.
3. a simple formula based template upon which numbers can be analysed and managed whilst being hosted on the servers at figuretree.

We are not responsible for the nature in which our website is used.

Information on our website and links to other websites

1. We are not responsible for any content or information on any website that is linked to our website either in the form of advertising or the like. 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. You will be responsible for the use of any Information that has been generated using our calculator as well as 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.

Intellectual property rights

You acknowledge that:

1. the Website Information is of significant commercial value to us and our other licensors;
2. all copyright, trade marks, database rights and other intellectual property rights in the website itself are owned by us or our licensors; and
3. except as expressly stated in these 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.

You may use the calculation tool for your own personal or internal business purposes, provided that you do not:

1. deface or remove any copyright notices or trade marks in any Website Information downloaded or copied by you from our website;
2. compile or extract Website Information from this website for the purpose of making such information available to others with a view to a profit or for a fee or other consideration; or
3. use any trade mark in a manner that is reasonably considered by us or our licensors, to be a misuse or appropriation of that trade mark.

Privacy Policy

We may collect personal information when you use our website. Our collection and use of personal information will not be used for any purpose other than to identify you and to grant access to use of our website. By accessing and browsing this website, you acknowledge acceptance of the above privacy terms.

Website integrity

You must not attempt to:

1. damage, interfere with or harm our website, or any network or system underlying or connected to our website, in any way whatsoever;
2. amend any information contained on our website, unless you are expressly permitted by us to do so; or
3. reverse engineer or decompile our website or any software comprising or underlying our website.

Amendments

1. We may amend these 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.
2. Your continued use of our website will constitute your acceptance of any amendments or revisions to these Terms of Use.

Warranties and liability

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).
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.
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 or formulas, 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.
4. None of the exclusions or limitations set out in these 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.

Non compliance

If you do not comply with these Terms of Use we may suspend or block your access to our website and pursue any other legal actions or remedies available to us against you.

Waiver

Our failure or delay in the exercise of any right or remedy we may have under these 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.

Governing law

These 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.