Construct Scans PTY LTD – Terms & Conditions

These Terms & Conditions apply to all services provided by Construct Scans PTY LTD ("Construct Scans PTY LTD", "we", "us" or "our") to the customer ("you" or "your").

By accepting a quote, booking a service, making payment or otherwise instructing Construct Scans PTY LTD to carry out work, you agree to these Terms & Conditions and to our Privacy Policy.

1. Services

Construct Scans PTY LTD provides 3D scanning, reality capture, virtual models and related documentation services as described in the accepted quote or scope of works.

The specific services, deliverables and price will be outlined in the relevant quote.

Any work outside the agreed scope may incur additional charges and will be discussed with you before proceeding where reasonably practicable.

2. Site Access & Conditions

You are responsible for providing Construct Scans PTY LTD with safe and reasonable access to the areas being scanned.

You must ensure the site is reasonably prepared for scanning and that areas intended to be captured are accessible.

Construct Scans PTY LTD is not responsible for areas that cannot be captured due to restricted access, obstructions, unsafe conditions, weather, lighting, site activity or other circumstances outside our reasonable control.

If conditions prevent the agreed work from being completed, additional attendance or scanning fees may apply.

3. What the Scan Represents

Our scans and models record the visible conditions of a site at the time of capture.

A scan does not provide information about items that are concealed, covered, inaccessible or otherwise not visible at the time of scanning.

Construct Scans PTY LTD does not carry out destructive inspections.

A scan or model does not constitute a building inspection, structural inspection, survey, engineering service, certification, compliance assessment, defect report, or professional advice unless expressly stated in the agreed scope.

4. Accuracy & Use of Information

Construct Scans PTY LTD uses professional 3D scanning equipment and reasonable care to capture and process the information provided.

All supplied scans, models, measurements and documentation are for general visual reference and preliminary design concepts only. They must not be relied on for construction, construction planning or sequencing, fabrication, set-out, engineering, procurement, certification or regulatory approvals. Any different permitted use and required accuracy must be expressly agreed in writing before work starts.

Our deliverables do not replace your own quality assurance, inspections, photographs, videos, measurements or professional advice. You must keep your own site records and arrange independent verification of critical dimensions and conditions by appropriately qualified people before consequential decisions. Such checks do not, by themselves, expand the permitted use of our deliverables.

To the extent permitted by law, Construct Scans PTY LTD is not responsible for costs, delays, defects or losses to the extent caused by your use of deliverables contrary to this clause. You indemnify us against reasonable third-party claims and costs to that extent, excluding loss caused by our or our subcontractors' negligence or breach of these Terms. Non-excludable rights under the Australian Consumer Law remain unaffected.

By accepting a quote or using a deliverable, you acknowledge these use restrictions. Acceptance, payment or use does not confirm that a deliverable is error-free or waive your legal rights. You must pass these restrictions on to anyone with whom you share the deliverables.

5. Ownership, Access & Third-Party Platforms

Payment for a service does not transfer ownership of the underlying software, hosting platform or any third-party technology used to deliver it. Where a Matterport model or other third-party platform is used, that platform and its underlying technology remain the property of the relevant third-party provider (e.g. Matterport Inc.). Construct Scans PTY LTD provides you with access to your deliverable via that platform, subject to clause 9 (Intellectual Property) governing the deliverable itself and the licence granted to you.

Access to hosted models is provided in accordance with clause 5A and is dependent on the continued availability of the relevant third-party platform. If a third-party platform changes, restricts or discontinues its service, Construct Scans PTY LTD is not liable for any resulting loss of access, and fees already paid are non-refundable on that basis. We will make reasonable efforts to preserve or migrate your access where practical.

Virtual tour links. Unless otherwise requested in writing, virtual tour links are generated with an "Unlisted" privacy setting, meaning the tour can be viewed by anyone who has the link. Construct Scans PTY LTD is not liable for any loss, damage or unauthorised access arising from a link being shared, forwarded or otherwise made available beyond its intended recipients. If you require a password-protected link, please request this in writing and provide the password to be applied.

Construct Scans PTY LTD is not responsible for outages, technical failures, changes to functionality, pricing, storage, hosting or availability caused by third-party platforms.

Every scan includes 12 months of live hosting from the date the model link is first supplied, unless a later start or longer period is agreed in writing. Archiving, reactivation, file retention and business closure are governed by clause 5A.

Construct Scans PTY LTD may suspend access to hosted models where invoices remain unpaid.

5A. File Retention & Business Closure

After the included live hosting period, we retain scan models archived in Matterport at no ongoing archiving charge while we remain in business, subject to platform availability and legal requirements. Reactivation and further live hosting require an agreed fee. This does not include permanent retention of raw files or independent backups.

If we close, we will give advance notice where reasonably practicable to your latest supplied email and offer to transfer all your live and archived models to a compatible Matterport account that you set up, manage and pay for. Transfers depend on platform requirements. You must complete your steps by the reasonable deadline stated in our notice and pay any disclosed platform or reactivation charges.

After closure and any notified transfer deadline, we may cancel our account and delete untransferred scans. They will no longer be available from us and may be permanently lost. Except as required by law, we have no obligation to provide or pay for hosting, storage, backups or recovery after closure.

This clause prevails over inconsistent hosting or retention provisions. It does not exclude liability for our breach or any rights or refunds required by law, including under the Australian Consumer Law.

6. Corrections & Re-scans

Where an error is reasonably determined to have been caused by Construct Scans PTY LTD, we will make reasonable efforts to correct the issue or, where appropriate, re-capture the affected area.

Construct Scans PTY LTD is not responsible for changes to the site, inaccessible areas, or information that was not visible or reasonably capturable at the time of the original scan.

7. Fees & Payment

All prices are as stated in the accepted quote and are exclusive of GST unless otherwise specified.

Invoices are payable within the timeframe stated on the invoice.

Construct Scans PTY LTD reserves the right to suspend access to hosted models and/or suspend further services where invoices remain overdue.

8. Cancellations & Rescheduling

If a booking needs to be cancelled or rescheduled, reasonable notice should be provided.

Where Construct Scans PTY LTD has already incurred costs or is unable to reasonably reallocate the booking, a cancellation or rescheduling fee may apply.

Any specific cancellation terms included in an accepted quote will take precedence over this section.

9. Intellectual Property

Construct Scans PTY LTD retains ownership of its pre-existing intellectual property, including its software, systems, processes, templates, branding, methodologies and know-how.

Unless otherwise agreed in writing, Construct Scans PTY LTD also retains ownership of the raw capture data and files used to create the deliverables.

Once all amounts owing have been paid, you are granted a non-exclusive licence to use the supplied deliverables for the project for which they were commissioned, subject to the use restrictions in clause 4.

You must not resell, commercially redistribute or represent Construct Scans PTY LTD's work as your own scanning service without our written permission.

10. Privacy & Confidentiality

Construct Scans PTY LTD collects and handles personal information in accordance with our Privacy Policy, available at [insert link], which describes what information we collect, how it is used, and your rights in relation to it. By using our services, you acknowledge that you have had the opportunity to review our Privacy Policy.

Construct Scans PTY LTD will take reasonable steps to keep customer information and project information confidential.

We will not knowingly disclose confidential project information to third parties except where required to provide the service, operate necessary third-party platforms, comply with the law, or with your permission.

11. Marketing

Unless you request otherwise in writing, Construct Scans PTY LTD may use non-sensitive images, screenshots or portions of completed models for portfolio, website and marketing purposes.

We will not knowingly publish confidential information or commercially sensitive project information without permission.

If a project is subject to confidentiality requirements, please advise us before the scan is completed.

12. Liability

To the maximum extent permitted by law, Construct Scans PTY LTD will not be liable for indirect, consequential or special loss, including loss of profits, revenue, business opportunity, project delays or costs arising from reliance on the services.

Where Construct Scans PTY LTD is found to be liable for a loss, our liability will, to the maximum extent permitted by law, be limited to the amount paid for the specific service giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any rights or guarantees that cannot legally be excluded under applicable law, including any non-excludable consumer guarantees under the Australian Consumer Law.

13. Events Outside Our Control

Construct Scans PTY LTD will not be responsible for delays or failure to perform caused by circumstances outside our reasonable control, including severe weather, site access issues, equipment failure, power or network outages, illness, natural disasters, government restrictions or failures of third-party services.

14. Termination

Construct Scans PTY LTD may suspend or terminate access to a service or deliverable, without prior notice, where you breach these Terms, including non-payment of amounts owing.

Termination does not affect any rights or obligations that accrued prior to termination, including your obligation to pay for services already performed.

15. Disputes

If a dispute arises, both parties agree to first make a reasonable attempt to resolve the matter directly and in good faith.

Nothing in these Terms prevents either party from exercising any rights available under applicable law.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Any dispute will be subject to the jurisdiction of the courts and tribunals of Queensland.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted to achieve its intended purpose to the extent possible, and the remaining provisions will continue in full force and effect.

18. Changes to These Terms

Construct Scans PTY LTD may update these Terms from time to time.

The Terms that apply to a particular service are those in effect when the relevant quote or agreement is accepted, unless otherwise agreed in writing.

19. Acceptance

Acceptance of a Construct Scans PTY LTD quote, booking, payment or instruction to proceed constitutes acceptance of these Terms & Conditions.

If you have any questions regarding these Terms, please contact Construct Scans PTY LTD before accepting a quote.

Construct Scans PTY LTD

Brisbane, Queensland, Australia

constructscans.com.au