Website Terms and Conditions of Use

1. About these Terms

These Website Terms and Conditions of Use apply to the website operated by Nicmar Group Pty Ltd trading as Nicholas Marriott, ABN 32 604 724 423 and ACN 604 724 423.

In these Terms:

  • we, us and our mean Nicmar Group Pty Ltd trading as Nicholas Marriott;
  • you and your mean any person who accesses or uses the Website; and
  • Website means nicholasmarriott.au and any associated webpages, online forms, client portals, digital content or services operated by us.

By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, you should not use the Website.

2. Information about us

Nicmar Group Pty Ltd trading as Nicholas Marriott provides acoustic design, building consultancy, technical consulting, project support and related professional services.

Our contact details are:

Nicmar Group Pty Ltd trading as Nicholas Marriott
ABN 32 604 724 423
ACN 604 724 423
Phone: 1300 642 627
Email: info@nicholasmarriott.au

3. Website information is general only

The information provided on this Website is general information only.

It is not intended to constitute project-specific acoustic, building, engineering, architectural, planning, legal or other professional advice. Website content should not be relied upon as a substitute for:

  • an inspection or site assessment;
  • acoustic testing or measurement;
  • review of drawings, specifications or construction details;
  • a written report or professional opinion;
  • a quotation, scope of work or consultancy agreement; or
  • advice tailored to the particular conditions of a project.

Acoustic performance and building outcomes depend on many factors, including the existing construction, workmanship, materials, site conditions, neighbouring properties, services, junctions, penetrations and regulatory requirements.

You should obtain advice appropriate to your circumstances before acting on information found on this Website.

4. Professional services and quotations

Any services provided by us are subject to a separate written quotation, proposal, scope of work, engagement letter or agreement.

Nothing on this Website constitutes:

  • an offer capable of acceptance;
  • a fixed quotation;
  • a guarantee that we will accept a project;
  • a guarantee of any particular acoustic or building outcome; or
  • an agreement to perform professional services.

Where there is any inconsistency between these Website Terms and a project-specific written agreement, the project-specific written agreement will apply to that project.

5. Permitted use of the Website

We grant you a limited, non-exclusive and revocable right to access and use the Website for lawful personal or internal business purposes.

You must not, without our prior written permission:

  1. reproduce, modify, publish, distribute, sell or commercially exploit Website content;
  2. copy or republish substantial parts of the Website;
  3. use Website content to create competing services or materials;
  4. remove copyright, trade mark or proprietary notices;
  5. use automated systems, scraping tools, bots or data-extraction software to collect Website content;
  6. attempt to gain unauthorised access to the Website, its servers, databases or connected systems;
  7. introduce viruses, malicious code or technologically harmful material;
  8. interfere with the security, integrity or operation of the Website;
  9. misrepresent your identity or relationship with us; or
  10. use the Website for any unlawful, fraudulent, misleading, defamatory or harmful purpose.

We may restrict or terminate access to the Website where we reasonably believe these Terms have been breached.

6. Intellectual property

Unless otherwise stated, the Website and its contents are owned by, licensed to or used with permission by Nicmar Group Pty Ltd.

This includes, without limitation:

  • written content;
  • designs and layouts;
  • photographs and images;
  • diagrams and illustrations;
  • reports and technical material;
  • project descriptions and case studies;
  • branding, logos and trade names;
  • videos and audio;
  • downloadable materials; and
  • the selection and arrangement of Website content.

Website content is protected by Australian copyright, trade mark and other intellectual-property laws.

You may view the Website and print or save reasonable extracts for personal, non-commercial reference. No other rights are granted unless we give prior written permission.

7. Project photographs and case studies

The Website may contain photographs, drawings, descriptions or case studies relating to completed or proposed projects.

These materials are provided to illustrate our experience and approach. They do not represent a promise that another project will achieve the same outcome.

Project information may be edited, simplified, anonymised or presented without all technical, contractual or site-specific context.

You must not reproduce or use project images, drawings, designs or case-study material without prior written permission.

8. Information submitted through the Website

You are responsible for ensuring that information you submit through the Website is accurate, lawful and not misleading.

You must not submit material that:

  • infringes another person’s copyright, privacy, confidentiality or other legal rights;
  • contains unlawful, defamatory, threatening, abusive or discriminatory content;
  • contains viruses, malicious software or harmful code;
  • falsely represents your identity or authority; or
  • is unrelated to a genuine enquiry about our services.

By submitting documents, photographs, plans, drawings or other material to us, you confirm that you are entitled to provide them for the purpose of obtaining information or services from us.

You retain ownership of material you submit. You grant us permission to review, copy, store and use that material to respond to your enquiry, prepare a quotation, assess a project or provide agreed services.

We will handle personal information in accordance with our Privacy Policy.

9. Accuracy and availability

We take reasonable care in preparing Website content, but we do not guarantee that all information is complete, current, accurate or suitable for every purpose.

Website content may include technical, typographical, photographic or other errors. We may update, remove or amend Website content at any time without notice.

We do not guarantee that:

  • the Website will always be available;
  • access will be uninterrupted or error-free;
  • defects will be corrected immediately;
  • the Website will be free from viruses or harmful components; or
  • information will remain available indefinitely.

We may suspend, withdraw, restrict or change any part of the Website where reasonably necessary.

10. Website security

You are responsible for using appropriate security software, maintaining backups and protecting your devices, accounts and data.

To the extent permitted by law, we are not responsible for loss or damage caused by viruses, malicious code, distributed denial-of-service attacks or other technologically harmful material resulting from your use of the Website or a linked website.

Nothing in this clause excludes liability that cannot lawfully be excluded.

11. Third-party websites and services

The Website may contain links to third-party websites, products, software or services.

Links are provided for convenience and general information only. Unless expressly stated, the inclusion of a link does not mean that we:

  • endorse the third party;
  • approve its content;
  • guarantee its products or services; or
  • accept responsibility for its conduct.

Third-party websites are governed by their own terms and privacy policies. You access and use them at your own risk.

12. No warranties

To the maximum extent permitted by law, the Website and its content are provided on an “as available” basis.

We do not make any express or implied warranty that Website information:

  • will meet your particular requirements;
  • is appropriate for a particular project;
  • will produce a particular result;
  • is complete or error-free; or
  • may be relied upon without further professional assessment.

This clause does not exclude any guarantee, warranty, condition or right that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

13. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other applicable law.

Where our liability may lawfully be limited, it will be limited only to the extent permitted by law.

14. Limitation of liability

To the maximum extent permitted by law, we are not liable for loss or damage arising from:

  • reliance on general Website information without obtaining project-specific advice;
  • decisions made without an inspection, assessment, test or written engagement;
  • use of, or inability to access, the Website;
  • inaccuracies or omissions in Website content;
  • third-party websites or services;
  • unauthorised access to or interference with the Website;
  • loss of data, profits, revenue, opportunity, goodwill or anticipated savings; or
  • indirect, consequential or special loss.

This limitation does not apply to liability that cannot be excluded or limited by law.

15. Indemnity

To the extent permitted by law, you indemnify us against reasonable loss, liability, cost or expense arising directly from:

  • your unlawful use of the Website;
  • your material breach of these Terms;
  • information or content you submit that infringes another person’s rights;
  • your interference with the Website’s operation or security; or
  • your fraudulent, misleading or unauthorised conduct.

Your liability under this indemnity will be reduced to the extent that our own negligent or unlawful conduct contributed to the loss.

16. Privacy

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy.

By submitting an enquiry or communicating with us, you acknowledge that your personal information may be handled in accordance with that policy.

17. Changes to these Terms

We may update these Terms from time to time.

The updated Terms will take effect when published on the Website. The “Last updated” date at the beginning of the page will identify the most recent version.

Your continued use of the Website after changes are published constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or severed.

The remaining provisions will continue to operate.

19. Waiver

A failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right.

20. Entire agreement concerning Website use

These Terms and our Privacy Policy constitute the agreement between you and us concerning your use of the Website.

They do not replace or amend any separate quotation, proposal, scope of work, consultancy agreement or contract entered into for professional services.

21. Contact

Questions about these Terms may be directed to:

Nicmar Group Pty Ltd trading as Nicholas Marriott
ABN 32 604 724 423
ACN 604 724 423
Phone: 1300 642 627
Email: info@nicholasmarriott.au

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