Welcome, and thanks for using Sourceable! When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below. Note: You are entering into a legally binding agreement. Last revised on June 1st, 2013
About us and this agreement We are a social network for professionals.
2. Your Obligations
Some promises you make to us in this agreement: You will follow the law and Sourceable’s rules.
A. Applicable laws and this Agreement You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
- Sourceable’s Copyright Policy;
- Complaints Regarding Content Posted on the Sourceable’s Website; and
You grant us a license to the information you provide us.
B. License and warranty for your submissions to Sourceable You own the information you provide Sourceable under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Sourceable a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Sourceable, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Sourceable, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Sourceable profile information accurate and updated. You are eligible to enter into this contract and you are at least our “Minimum Age” The information you provide is truthful.
C. Service Eligibility To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Sourceable account, (3) are not a competitor of Sourceable or are not using the Services for reasons that are in competition with Sourceable; (4) will only maintain one Sourceable account at any given time; (5) will use your real name and only provide accurate information to Sourceable; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Sourceable or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services. ”
Minimum Age” means 18 years old. You will keep your password a secret. You will not share an account with anyone else. You will not copy or transfer any part of the Service.
D. Your Membership The profile you create on Sourceable will become part of Sourceable and except for the information that you license to us is owned by Sourceable. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Sourceable account to another party; and (5) not charge anyone for access to any portion of Sourceable, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit you’re account settings. You will pay us for any losses that you cause.
E. Indemnification You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Sourceable. You will honor your payment obligations and you approve with us storing your historicial billing information. Also there can be fees and taxes that are added to our prices. We don’t guarantee refunds.
F. Payment If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Sourceable storing your billing transactional information; your credit card details will not be stored by Sourceable. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Sourceable does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may not cancel or suspend your Premium Services until its subscription term has concluded. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Sourceable’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, request one by contacting our Customer Support. If you think you have to breach this agreement you will let us know before.
G. Notify us of acts contrary to the Agreement If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. You approve Sourceable providing you with important notices on the website, mobile apps, or email. The contact information you provide must be accurate or you may not receive important notices.
H. Notifications and Service Messages For purposes of service messages and notices about the Services, Sourceable may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Sourceable to an email address associated with your account, even if we have other contact information. You also agree that Sourceable may communicate with you through your Sourceable account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Sourceable account or services associated with Sourceable. Please review your Account Settings to control what kind of messages you receive from Sourceable. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared to Sourceable.
I. Sourceable Applications Sourceable may offer the Services through applications built using Sourceable’s platform (“Sourceable Applications”). Examples of Sourceable Applications include its smart phone applications (Sourceable for Android, Sourceable for Blackberry or Sourceable for iPhone), and Sourceable’s “Share” buttons and other interactive plugins distributed on websites across the web. Sourceable Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a Sourceable Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Sourceable plugins that load in your browser may be communicated to us. Further, by importing any of your Sourceable data through the Sourceable Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Sourceable account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Sourceable through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time. When you share information, others can see, copy and use that information.
L. Export Control Your use of Sourceable services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorisations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software. If you provide feedback to Sourceable, make sure you don’t include confidential or infringing materials, and you grant Sourceable rights to such feedback.
M. Contributions to Sourceable By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Sourceable through its suggestion or feedback systems, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sourceable is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sourceable shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sourceable may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Sourceable rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Sourceable under any circumstances.
3. Your Rights If you follow this agreement, we grant you a limited right to use Sourceable. You will only access and use Sourceable in the way this agreement allows you. On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Sourceable Services, through a generally available web browser, mobile device or Sourceable authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Sourceable or its Members), view information and use the Services that we provide on Sourceable webpages and in accordance with this Agreement. Any other use of Sourceable contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Sourceable commercially unless expressly authorised by Sourceable) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Sourceable and all related items, including any and all copies made of the Sourceable website.
4. Our Rights & Obligations We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
A. Services Availability For as long as Sourceable continues to offer the Services, Sourceable shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Sourceable as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Sourceable, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Sourceable or by direct communication to you unless otherwise noted. Sourceable further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Sourceable to be contrary to this Agreement. For avoidance of doubt, Sourceable has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Third parties may offer their own products and services through Sourceable, and we are not responsible for these third-party activities.
D. Connections and Interactions with other Members You are solely responsible for your interactions with other Members. Sourceable may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Sourceable reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Sourceable determines, in our sole discretion, that doing so is necessary to enforce this Agreement. We are providing you notice about our intellectual property rights.
E. Intellectual Property Notices The Service includes the copyrights and Intellectual property rights of Sourceable and except for the limited license granted to you in Section 3, Sourceable reserves all of its intellectual property rights in the Service. Sourceable, the Sourceable and “S” logos and other Sourceable trademarks, service marks, graphics, and logos used in connection with Sourceable are trademarks or registered trademarks of Sourceable in Australia. and/or other countries. Other trademarks and logos used in connection with Sourceable may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5. Disclaimer We disclaim any legal liability for the quality, safety or reliability of Sourceable. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON SOURCEABLE OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SOURCEABLE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOURCEABLE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOURCEABLE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SOURCEABLE OR ANYTHING RELATED TO SOURCEABLE, YOU MAY CLOSE YOUR SOURCEABLE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. SOURCEABLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SOURCEABLE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. SOURCEABLE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SOURCEABLE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SOURCEABLE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SOURCEABLE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SOURCEABLE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SOURCEABLE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability We are trying to limit any legal liability Sourceable may have to you. LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Sourceable nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Sourceable Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Sourceable. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Sourceable may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
- Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
7. Termination We can each end this agreement anytime we want.
A. Mutual rights of termination You may terminate this Agreement, for any or no reason, at any time, with notice to Sourceable pursuant to Section 9.C. This notice will be effective upon Sourceable processing your notice; you are still required for all subscription commitments until the term of which has terminated. Sourceable may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Sourceable or the party paying for the services may terminate your access to any Premium Services. Termination of your Sourceable account includes disabling your access to Sourceable and may also bar you from any future use of Sourceable.
B. Misuse of the Services Sourceable may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Sourceable messaging services; creating multiple or false profiles; using the Services commercially without Sourceable’s authorisation, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Sourceable, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Sourceable has adopted a policy of terminating accounts of Members who, in Sourceable’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination Upon termination of your Sourceable account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”).
8. Dispute Resolution In the unlikely event we end up in a legal dispute, it will take place in Victoria court in the country of Australia.
A. Law and Forum for Legal Disputes This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Victroia regardless of your country of origin or where you access Sourceable, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Sourceable agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Melbourne, Victoria, Australia except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Sourceable agree to submit to the personal jurisdiction of the courts located within Melbourne, Victoria for the purpose of litigating all such claims. Notwithstanding the above, you agree that Sourceable shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Each of us will have the right to choose arbitration.
B. Arbitration Option For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms Important details about how to read the agreement.
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.sourceable.net. Or via mail or courier at: Sourceable C/O Mediasource Pty Ltd. ATTN: Legal Department PO Box 6257 Chapel Street North South Yarra, Victoria Australia 3141. Additionally, Sourceable accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
D. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Sourceable regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sourceable services, third-party content or third party software.
F. No informal waivers, agreements or representations Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Sourceable Affiliate shall be deemed legally binding on any Sourceable Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Sourceable. You waive your rights to try to stop Sourceable, but we don’t waive our rights to ask a court to stop your actions.
G. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
H. Beneficiaries Entities other than Mediasource Pty Ltd and Mediasource Inc, that owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you. You can’t assign your rights under this agreement, but we can.
I. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Sourceable Corporation for any third party that assumes our rights and obligations under this Agreement.
J. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. Sourceable “DOs” and “DON’Ts.” As a condition to access Sourceable, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts: Here’s a list of some of the specific things we ask you to do and not do on Sourceable. If you want a high-level summary of these, please check out our Professional Community Guidelines
A. Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Sourceable concerning the Services;
- Use the Services in a professional manner; and
- Use your real name on your profile.
B. Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Sourceable;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a Member profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Sourceable;
- Invite people you do not know to join your network;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account or create a false identity on Sourceable;
- Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Sourceable);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Sourceable invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Sourceable to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Sourceable or any user of Sourceable;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices; Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Sourceable (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Sourceable; Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; Utilize or copy information, content or any data you view on or obtain from Sourceable to provide any service that is competitive, in Sourceable’s sole discretion, with Sourceable; Imply or state, directly or indirectly, that you are affiliated with or endorsed by Sourceable unless you have entered into a written agreement with Sourceable (this includes, but is not limited to, representing yourself as an accredited Sourceable trainer if you have not been certified by Sourceable as such); Adapt, modify or create derivative works based on Sourceable or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Sourceable’s developer program; Rent, lease, loan, trade, sell/re-sell access to Sourceable or any information therein, or the equivalent, in whole or part; Sell, sponsor, or otherwise monetize a Sourceable Group or any other service or functionality of Sourceable, without the express written permission of Sourceable; Deep-link to the Site for any purpose, (i.e. creating or posting a link to a Sourceable web page other than Sourceable’s home page) unless expressly authorized in writing by Sourceable or for the purpose of promoting your profile or a Group on Sourceable as set forth in the Brand Guidelines; Remove any copyright, trademark or other proprietary rights notices contained in or on Sourceable, including those of both Sourceable and any of its licensors; Remove, cover or otherwise obscure any form of advertisement included on Sourceable; Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Sourceable except as expressly permitted in this Agreement or as the owner of such information may expressly permit; Share information of non- Members without their express consent; Infringe or use Sourceable’s brand, logos or trademarks, including, without limitation, using the word “Sourceable” in any business name, email, or URL or including Sourceable’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Sourceable; Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site; Use bots or other automated methods to access Sourceable, add or download contacts, send or redirect messages, or perform other similar activities through Sourceable, unless explicitly permitted by Sourceable; Access, via automated or manual means or processes, Sourceable for purposes of monitoring Sourceable availability, performance or functionality for any competitive purpose; Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Sourceable’s website; Attempt to or actually access Sourceable by any means other than through the interfaces provided by Sourceable such as its mobile application or by navigating to http://www.sourceable.net using a web browser. This prohibition includes accessing or attempting to access Sourceable using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Sourceable; Attempt to or actually override any security component included in or underlying Sourceable; Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Sourceable’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Sourceable personnel, attempting to gain unauthorized access to Sourceable, or transmitting or activating computer viruses through or on Sourceable; and/or Interfere or disrupt or game Sourceable or the Services, including, but not limited to, any servers or networks connected to Sourceable, or Sourceable ‘s search algorithms.
11. Complaints Regarding Content Posted on the Sourceable Website If you think someone has stolen or misused your intellectual property on Sourceable, please check out our Copyright Policy. We built Sourceable to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Sourceable provides a process for submission of complaints concerning content posted by our Members.
Join the conversion
I notice that no-one has mentioned the 2 largest problems with obtaining independent building consultant inspection; namely: 1. Virtually none of them has anywhere near a thorough definition of defect (and remember defects is what they are looking for), and 2. Each has a mind-boggling list of disclaimers to do with limiting access and what the report covers (via the pathetic Codes AS 4349 series for Inspection of Buildings)… which when added together mean that most building consultants end up finding less than 25% of the actual defects in the buildings… if that.
Thank you all for your responses. Massive steps need to be taken to fix our building industry and its not going to happen quickly and perhaps not in my lifetime and perhaps never ( because of lack of political will and resistance from vested interests with their snouts in the drink) and I am an optimist. Apart from fixing regulations and enforcement, better training, we also need to shift customer's public opinion for them to realise that their investment is their business and treat it as such.
Since the government is unable and unwilling to protect consumer, consumers will grow old waiting or they can be proactive and take steps to protect themselves. My experience based on four stage inspections during build: pre slab, frame, pre plaster and pre final together with pre contract review indicates it is a sweet point between price and value. It by no means is a silver bullet for everything and there are still blind spots but overall it has worked for my clients with us generally getting from a-z with minimum of fuss, resolving issues as we go.
There are still dangers around and as Anne says there are not too many really good consultants around so a due diligence is required but with a bit of homework you will find one.
I've just spent a week of unpaid work for a friend investigating why his 83yr old mother's single storey brick veneer unit, built 10yrs ago, is cracking. Turns out the developer elected to go owner builder employing a "mate" who was an unregistered builder. They cut corners at every turn, from the documentation to the construction. The cost to put the developer into liquidation and make a claim on the builder's warranty through VCAT, is approximately $30k. The Engineer is dead and in any case his incorrect classification of the soil type doesn't mean he wasn't compliant with the law so there is little recourse to professional indemnity. The architectural drawings were shamefully minimal, but the law seems to allow a novice builder to build off these. The building surveyor outsourced inspection to a sub contractor, who missed building mistakes and omissions, but will be hard to pursue because so many of the problems are below ground or covered up and the destructive investigations are prohibitive. The only winners will be the lawyers and the "professional winesses".
I agree Branko. Owners are trusting, just as the Govt intended. CAV, etc. the messengers of spin – pretending 'warranties' and 'guarantees' exist. If never involved in building, owners are thus forced into ignorance. They would not throw their money away if they KNEW the high risks and most would opt not to build – or buy buildings erected in the last 25 years. No information is available for prospective owners to check on builders, with past histories all hidden – google search and they are nowhere to be found, or try the Austlii List where most VCAT cases, even when a 'Final Hearing' happened, these not put up for anyone to see! In short, it is impossible to do 'buyer beware' homework and Govt policy is to NOT protect owners. But paying for a consultant is very problematic. Many have no qualifications or any 'registration' – they are not required, and anyone can become an 'inspector'/'consultant'. In my own case there were three 'consultants', none registered as anything in 'building'. This means I could hang out a shingle today – and as it happens I do actually know quite a lot about building! However, many operating individually or as a franchisee (hundreds of these across the country) have never been on a building site! Yesterday a cook or cleaner! Added to this, the 'registration' process is meaningless and a registered 'builder' is a guarantee of nothing. In your example you pointed out the mystery as to how that Building was awarded an OP, but in the industry it is called "the Surveyor is a God" – many are in the pocket of the cowboy 'builder'. Mystery equals money, non-compliance 'certified compliant'! All comments here are accurate and Charles' comment on non-education as Govt policy may be the most disturbing.
Several years ago the NSW Office of Fair Trade had a special licence work category for Building Consultants. They then got rid of it so anyone can bestow themselves with that title. Most recently the Minister, Victor Dominello, backflipped on his previous decision to follow other Australian states and territories by abolishing the occupational licensing requirement for hairdressers. He decided that it was a far more important consumer protection issue to have a good $50 hairdo than ensuring the state supply compliant, safe and amenable $1,000,000+ home and apartment buildings. Good thinking Victor!
We had a problem with the workforce in building little cottages.
Overnight we have gone from building cottages to building very detailed buildings that need every part done right; when we do not have enough people in the industry who can read and write.
I remember a three storey apartment building that had every element done as if it was a water fountain. Water came through the roof, the walls and even the ground floor. The builder and the trades did not understand anything about how a building functions, or left the thinking to someone else. The sad thing was the Architect and the Engineer created designs that were begging for problems to happen.
There are many good people in the building industry but not enough to meet the demand for quality.
There are many quality jobs everywhere, I have to restrain myself from kissing the hands of some people for their fine workmanship and efforts. A good building looks new forever.
The problems start on the "drawing board" with complex detailing that do not have a tolerance for material and the skill levels of our workforce. Detailed and complex work needs twice or three times the money, but every body pretends it can be done with less.
Fire rating of buildings that is done by the most unskilled parts of the workforce has to end. We need skilled and responsible people to supervise the construction of buildings. A builder does not belong in an office.
No inspections for fire rating is a nightmare; as is taking the CSIRO out of the building industry.
The political system is about short cuts and about the next election; not about creating foundations for a nation.
Undermining education of the Australian workforce is Government policy in every state.
If you think hiring a professional is expensive wait until you hire an amateur! Wynne, Digby both crooked, out of their depth? Sadly, only a matter of time before a catastrophe.
All these problems are well known and have been ignored for years. Successive governments – both Labor and Liberal – have failed to take appropriate action in Victoria and are complicit in this disaster. I am afraid that it will probably Lacrosse mark 2 with deaths for any real action to be taken by politicians who should be taking steps to protect public safety. However, until then the gravy train continues for the dodgy builders who abound in the construction industry.
The city apartment where I lived while we renovated our property had major defects: windows the body corporate instructed should not be opened due to the possibility that the window might fall out and drop on an unsuspecting pedestrian below. When there were high winds, the windows whistled like kettle in your bedroom. I have two work colleagues who have purchased with apartments riddled with water problems, resulting in flooding and mould growing inside their apartments. Given the many examples of buildings failure to comply with essential safety measures and building surveyors signing off on non-compliant building, many apartments are death traps. Knowing what I know now, I would never stay in an apartment again.
The problem is as bad or perhaps worse in NSW. In my 30 unit building in Willoughby, the Strata Committee has documented nearly $2million in building defects, including exposed fire escapes and chases, missing water proofing and damp protection, single brick wallls where double brick is required, and faulty tile installation on patios. After years of negotiation and foot dragging by the builder, we have filled with the courts to recover rectification costs. Despite its shoddy record, the builder submitted another property for an property industry award and won. We need both local government regulators and the property industry to lift their games.
All good points – but wouldn't be great for someone to finally fix the regulator. The Victorian Building Authority & Wynne have got away with destroying our regulatory building practises to 3rd world levels. It would be less risky buying an Indonesian grass hut than any purchase in Victoria.