1. About these terms
This website is operated by Sequoia Advisory Pty Ltd (ABN 16 662 688 048, ACN 662 688 048) of Level 12, 121 Castlereagh Street, Sydney NSW 2000, Australia. "CostrixIQ", "we", "us" and "our" refer to Sequoia Advisory Pty Ltd in connection with this website. "You" refers to the person accessing or using the website and, where applicable, the organisation on whose behalf that person acts.
By accessing or using the website, you agree to these Website Terms. If you do not agree, you must not access or use the website. The version of these Website Terms published on this page at the time you access the website is the version that applies to that access.
You must be at least 18 years of age to use the website. If you access or use the website on behalf of an organisation, you represent that you are authorised to accept these Website Terms on its behalf, and "you" means both you and that organisation.
These Website Terms should be read together with our Privacy Policy and our Cookie Policy, each of which forms part of them.
2. Website purpose
The website provides general information about CostrixIQ, commercial management concepts, our cloud software, demonstrations, launch activity and related insights. It allows visitors to contact us, register interest and subscribe to selected communications.
These terms apply only to the public website. Access to and use of the CostrixIQ software platform, onboarding, support and related services are governed by a separate CostrixIQ Software Subscription Agreement between us and the subscribing organisation.
3. General information only
Website content is general information and is not accounting, financial, legal, construction, estimating, engineering or other professional advice. It does not take into account the circumstances, contracts, risks or requirements of a particular organisation or project.
You should obtain appropriate professional advice and independently verify information before relying on it for a commercial, project or investment decision. Examples, screenshots, scenarios and metrics are illustrative and may use placeholder or dummy data.
We do not warrant that website content is accurate, complete or current at the time you access it. Nothing on the website creates a professional, advisory, fiduciary or client relationship between you and us, and no duty of care is assumed to any person who relies on website content.
4. Product status, availability and forward-looking statements
CostrixIQ is evolving. Descriptions of features, modules, integrations, security measures, timing, availability and roadmap items are indicative unless confirmed in a written agreement with us. We may change, postpone or discontinue website content, planned functionality or launch timing.
A registration of interest, subscription or demonstration request does not create a right to access CostrixIQ, require either party to proceed or form a software subscription agreement.
Statements on the website about future matters — including planned features, modules, integrations, security or compliance measures or certifications, performance, pricing, availability and release timing — are forward-looking statements. They are based on the information, plans and assumptions available to us at the date of publication and are not promises, guarantees or representations that the future matter will occur. Actual outcomes may differ. We are not obliged to update a forward-looking statement, except to the extent required by law.
5. Acceptable use
You must not:
- use the website for an unlawful, fraudulent or harmful purpose;
- interfere with the website, its security or the experience of other users;
- introduce malicious code, attempt unauthorised access or probe for vulnerabilities without written permission;
- use automated tools — including crawlers, bots, spiders, scrapers and text or data mining tools — to access, extract or reproduce any part of the website without our prior written permission;
- misrepresent your identity, affiliation or authority;
- use the website, or any content on it, to develop, train, fine-tune, benchmark or evaluate any machine learning or artificial intelligence model, or to create a competing or substantially similar product or service;
- reverse engineer, decompile or disassemble any part of the website or any software made available through it, except to the extent that this restriction cannot lawfully be excluded;
- frame, mirror or deep-link to the website in a way that misrepresents its source, or suggests an association, sponsorship or endorsement that does not exist;
- remove, obscure or alter any proprietary, trade mark or copyright notice; or
- use website content in a way that infringes our rights or the rights of another person.
6. Intellectual property
The website and its content, including the CostrixIQ name, branding, software representations, structure, text, graphics and original materials, are owned by or licensed to us and protected by intellectual property laws.
Costrix IQ and CostrixIQ are trade marks of Sequoia Advisory Pty Ltd, registered in Australia under registration numbers 2402048 and 2402049 respectively, in class 9. Nothing on the website grants any licence or right to use our trade marks, logos, get-up or branding.
You may view the website and download or print reasonable extracts for your internal evaluation of CostrixIQ. You must not reproduce, adapt, publish, distribute, commercialise or create derivative works from website content without our prior written permission, except as permitted by law.
All rights not expressly granted in these Website Terms are reserved.
7. Information you provide
You are responsible for ensuring information submitted through the website is accurate, lawful and does not infringe another person’s rights. You confirm that you are authorised to provide any personal or business information you submit.
Please do not submit confidential project data, sensitive personal information or material subject to third-party confidentiality restrictions through public website forms. Our handling of personal information is described in the Privacy Policy (https://www.costrixiq.com/privacy).
If you send us suggestions, feedback, ideas or other input about CostrixIQ or the website, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable licence to use, reproduce, modify and commercialise that input for any purpose, without obligation or attribution to you. You are not obliged to provide input.
8. Privacy and cookies
We handle personal information in accordance with our Privacy Policy (https://www.costrixiq.com/privacy). Information about the cookies and similar technologies used on the website, and the choices available to you, is set out in our Cookie Policy (https://www.costrixiq.com/cookies).
Where you subscribe to marketing or other commercial electronic messages, you may withdraw your consent at any time using the unsubscribe facility in the message or by contacting us at privacy@costrixiq.com.
9. Third-party services and links
The website may link to or integrate services operated by third parties. We do not control third-party websites or services and are not responsible for their availability, content, security or practices. Access to them may be governed by separate terms and privacy policies.
A link to, or integration with, a third-party website or service is not an endorsement or recommendation of it. You access third-party websites and services at your own risk and should review their terms and privacy policies.
10. Website availability and security
We aim to keep the website accurate, secure and available, but we do not guarantee uninterrupted or error-free access. We may suspend, restrict, withdraw or change all or part of the website for maintenance, security, legal or operational reasons. Where a suspension or change is likely to be material and is within our control, we will give reasonable notice where it is practicable to do so.
You are responsible for using appropriate security controls when accessing the website, including maintaining current software and protecting your devices and accounts.
11. Disclaimers and liability
To the maximum extent permitted by law, the website and its content are provided on an "as is" and "as available" basis. We exclude all warranties, representations, conditions and guarantees that are not expressly stated in these Website Terms, whether express, implied, statutory or otherwise.
Nothing in these Website Terms excludes, restricts or modifies any guarantee, right, warranty or remedy that cannot lawfully be excluded, restricted or modified, including the consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and any equivalent non-excludable right under the law that applies where you are located.
Where the goods or services we supply through the website are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option: for services, to supplying the services again or paying the cost of having the services supplied again; and for goods, to replacing the goods or supplying equivalent goods, repairing the goods, or paying the cost of doing either. This paragraph does not apply to a guarantee under section 51, 52 or 53 of the Australian Consumer Law.
Subject to the two preceding paragraphs, and to the maximum extent permitted by law, we are not liable to you for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, anticipated savings, opportunity, goodwill, reputation, data or business interruption, however arising (including in contract, in tort for negligence or otherwise, under statute or on any other basis) in connection with the website or its content.
Subject to the preceding paragraphs, and to the maximum extent permitted by law, our total aggregate liability to you in connection with the website and these Website Terms is limited to AUD $500. This limit does not apply to, and does not limit, any liability arising under the CostrixIQ Software Subscription Agreement or in connection with our handling of your personal information, which are dealt with in that agreement and in our Privacy Policy respectively.
Our liability is reduced to the extent that your act or omission, or that of a person for whom you are responsible, caused or contributed to the relevant loss.
12. Your indemnity
You indemnify us against any liability, loss, damage, cost or expense (including reasonable legal costs) that we reasonably incur arising out of or in connection with (a) your breach of these Website Terms; (b) your unlawful, fraudulent or negligent use of the website; or (c) any information you submit through the website that is inaccurate or unlawful, or that infringes the rights of another person.
This indemnity is reduced to the extent that our act or omission caused or contributed to the liability, loss, damage, cost or expense. We will notify you promptly of any claim to which this indemnity applies, will allow you a reasonable opportunity to participate in its conduct, and will not settle it without your consent (which must not be unreasonably withheld).
13. Suspension and enforcement
We may restrict, suspend or block access to the website where we reasonably believe that a person has breached these Website Terms, created a security or legal risk, infringed rights or misused the website. Where it is reasonable and practicable to do so, we will notify the person and give them an opportunity to remedy the matter before taking that step. We may also take other steps reasonably necessary to protect the website, our users and our rights.
14. Changes to these terms
We may update these Website Terms from time to time, for example to reflect changes to the website, our business or the law. We will publish the updated terms on this page and update the version date shown at the top of this document. The updated terms apply to your use of the website from the date they are published and do not apply retrospectively to your earlier use. If you do not agree with the updated terms, you must stop using the website.
15. Notices
Notices to us under these Website Terms must be sent to info@costrixiq.com and to Level 12, 121 Castlereagh Street, Sydney NSW 2000. Notices to you may be sent to the email address you have provided to us. A notice sent by email is taken to be received on the day it is sent, unless the sender receives an automated delivery failure message.
16. General
Severability: if a provision of these Website Terms is or becomes invalid, illegal or unenforceable, it is to be read down to the minimum extent necessary or, if it cannot be read down, severed, without affecting the remaining provisions.
Waiver: a failure or delay by a party to exercise a right under these Website Terms is not a waiver of that right, and a waiver is effective only if given in writing.
Assignment: we may assign or novate our rights and obligations under these Website Terms to a related body corporate, or in connection with a sale, merger or other transfer of our business, provided this does not materially reduce your rights. You may not assign your rights without our prior written consent.
No agency: nothing in these Website Terms creates a partnership, joint venture, agency or employment relationship between us.
Entire agreement: these Website Terms, together with the Privacy Policy and the Cookie Policy, are the entire agreement between us in relation to your use of the website and supersede any prior representation or understanding. Nothing in this paragraph excludes liability for fraud or for misleading or deceptive conduct.
Survival: clauses 6, 7, 11, 12, 16 and 17 survive the end of your use of the website.
17. Governing law and jurisdiction
These Website Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them. If you are located outside Australia, nothing in this clause limits any right you have to bring proceedings in, or to the benefit of mandatory consumer protection laws of, the jurisdiction in which you are habitually resident, where that right cannot lawfully be excluded.
Before commencing proceedings (other than for urgent interlocutory relief), a party must notify the other in writing of the dispute and the parties must attempt in good faith to resolve it within 20 business days of that notice.
18. Contact
Sequoia Advisory Pty Ltd trading as CostrixIQ
ABN 16 662 688 048
ACN 662 688 048
Level 12, 121 Castlereagh Street, Sydney NSW 2000, Australia
info@costrixiq.com