Terms of service

Last updated: August 2021


These terms and conditions outline the rules and regulations for the use of Pave, located at yourpave.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Website Name if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Website Name, you agreed to use cookies in agreement with the Company Name's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Pave Limited and/or its licensors own the intellectual property rights for all material on Website Name. All intellectual property rights are reserved. You may access this from Website Name for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  1. Republish material from Website Name
  2. Sell, rent or sub-license material from Website Name
  3. Reproduce, or copy material from Website Name
  4. Redistribute content from Website Name

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Company Name does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Company Name, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company Name shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Pave Limited reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Company Name a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Ownership of materials

You acknowledge and agree that you remain the sole and exclusive owner of all right, title and interest in and to your marketing information uploaded onto Pave and you remain responsible for these information, including marketing materials for a real estate project and associated price lists and unit plans. 

Pricing and payment

Fees

You will pay Pave or your reseller all applicable Fees in the currency and pursuant to the payment terms indicated in the applicable agreement between you and your reseller. You authorise Pave, or your reseller, to charge you for all applicable Fees using credit card only, and you will issue the required purchasing documentation, if any. Fees are non-refundable except as required by law or as otherwise specifically permitted in the Terms.

Payment

You will pay Pave’s invoices within their due dates. Pave may suspend or terminate the Services if Fees are past due. You will provide complete and accurate billing and contact information to Pave or to your reseller.


Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Company Name. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Company Name's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Disputes 

You acknowledge that you have been informed by Pave that Pave has procedures for resolving complaints and disputes. You agree that before filing a claim or commencing a proceeding, you will try to resolve the dispute by contacting Pave in writing.  

Notice of dispute

If there is a dispute between the parties in connection with this agreement or any matter this agreement deals with, other than a dispute in relation to a question of law, either of the parties must give the other party a notice of dispute adequately identifying and detailing the dispute.  The parties must refer that dispute to an expert for determination in accordance with the ‘Choice of expert’ clause.


Obligations continue

The parties must continue to comply with their respective obligations under this agreement, despite the dispute, but need not continue to comply with their obligations in connection with the matter the subject of the dispute, unless each party indemnifies the other against reasonable costs and losses suffered in complying with those obligations if the dispute is not resolved in favour of the indemnifying party.

Choice of expert

The expert to be appointed to determine the dispute must:

  1. be an independent expert;
  2. have at least five years’ experience at a senior level in projects of a similar nature and size as the Project with, in a field relevant to the matter in dispute;
  3. have a technical understanding of the issues in contest;
  4. not have a significantly greater understanding of one party’s business or operations than of the other’s so that the other party could construe this as a bias; and
  5. be agreed between, and appointed jointly by, the parties or (if parties cannot agree on the expert within 7 days after agreeing to refer the dispute to expert determination) chosen by the President or other senior officer for the time being of the body administering the relevant field.

Agreeing on relevant field

If the parties cannot agree on the relevant field, either may refer the matter to the President of the Victorian Bar Association or the President’s nominee whose decision as to the relevant field is final and binding on the parties.

Directions to expert

In determining the dispute, the expert must give effect to the intentions of the parties in entering this agreement and the purposes of this agreement.

Expert’s role

The expert must:

  1. act as an expert and not as an arbitrator;
  2. proceed in the way the expert thinks fit without being bound to observe the rules of natural justice or the rules of evidence;
  3. not accept oral submissions unless both parties are present;
  4. on receipt of a written submission from one party, ensure that a copy of that submission is given to the other party promptly;
  5. take into consideration all documents, information and other material given by either party that the expert, in its absolute discretion, considers relevant to the determination of the dispute;
  6. not be expected or required to obtain or refer to any other documents, information or material (but may do so if the expert wishes);
  7. issue a draft certificate stating the expert’s intended determination within 20 Business Days after appointment giving each party 10 Business Days to make further submissions;
  8. issue a final certificate within 10 Business Days after the end of the period of 10 Business Days the parties have to make submissions on the draft certificate, stating the expert’s determination; and

act expeditiously with a view to issuing the final certificate as soon as practicable.

Complying with expert’s directions

The parties must comply with the expert’s directions in connection with the dispute, and, within the time period specified by the expert, give the expert:

a short statement of facts;

a description of the dispute; and

any other document, record or information the expert asks for.

Confidentiality of information

The parties must ensure that the expert agrees, as a condition of the expert’s appointment:

subject to b) below, to keep confidential all documents, information and other material, disclosed to the expert during or in connection with the expert determination;

not to disclose any confidential documents, information and other material except:

  1. to a party or adviser who has signed a confidentiality undertaking to the same effect as a) above

if required by law to do so; and

not to use confidential documents, information or other material disclosed to the expert during or in connection with the expert determination for a purpose other than the expert determination.

Confidentiality in proceedings

The parties must keep confidential and must not disclose or rely on or make the subject of a subpoena to give evidence or to produce documents in any arbitral, judicial or other proceedings:

views expressed or proposals or suggestions a party or the expert makes during the expert determination relating to a possible settlement of the dispute;

admissions or concessions a party makes during the expert determination in relation to the dispute; and

information, documents or other material concerning the dispute that a party discloses during the expert determination unless that information or those documents or facts are otherwise discoverable in judicial or arbitral proceedings.

Expert’s final determination

The final determination by the expert is final and binding on the parties.

Expert’s costs

If the expert does not determine otherwise, the Shareholders must each pay one half of the expert’s costs of making the determination.

Expert generally not liable

Unless the expert has engaged in fraud, the expert is not be liable to the parties in any way in connection with carrying out of the expert’s functions in accordance with this agreement.


15.2.   Arbitration. Customer and DocSend agree to resolve any claims relating to the Terms or the Services through final and binding individual arbitration, except as set forth below. This includes disputes arising out of or relating to the interpretation or application of this “Arbitration” subsection, including its scope, enforceability, revocability, or validity. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location both parties agree to in writing. The arbitrator may award relief only individually and only to the extent necessary to redress Customer’s or DocSend’s individual claim(s); the arbitrator may not award relief on behalf of others or the general public. Our past, present and future affiliates and agents may invoke our rights under this “Disputes” Section in the event they become involved in a dispute with you; otherwise, these Terms do not give rights to any third parties.


15.3.   Exception to Arbitration. Either party may bring a lawsuit in the federal or state courts of San Francisco County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Customer and DocSend consent to venue and personal jurisdiction there.


15.4.   NO CLASS OR REPRESENTATIVE ACTIONS. Customer may only resolve disputes with DocSend on an individual basis and may not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.


15.5.   Severability. If any part of this “Disputes” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Disputes” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Disputes” section, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.