B4U Build
B4UBUILD – Terms & Conditions
Definitions & Interpretation
1. In these Terms unless the context requires otherwise:
“Agreement” means the contract formed between B4UBUILD and the Client comprising these Terms and the Registration Confirmation.
“B4UBUILD” means B4UBUILD Operations Pty Ltd (ACN 624 935 708).
“Client” means the person(s) or entity described in the Registration Confirmation, Order, Invoice, offer or other document (and in the absence of such information, the person(s) or entity who placed the Order).
“Confidential Information” means information that:
and includes all information about a party and its related bodies corporate, including but not limited to, all technical, financial, commercial and other information in any form (for example: as a document or in electronic form) of or relating to them or their business affairs, which is made available or which becomes known during the term of this Agreement but does not include information that was in the public domain at the time of its disclosure.
“Fee” means the amount or rates payable by the Client in respect of the Platform identified in the Registration Confirmation or if no amount or rates are specified, the amount calculated pursuant the rates of B4UBUILD current at the time of the provision of the Platform.
“Goods” goods means the online tools, products or other goods (if any) including but not limited to the Platform, as sold by B4UBUILD to the Client as specified in Registration Confirmation or any Invoice issued by B4UBUILD to the Client.
“Intellectual Property” means B4UBUILD’s rights in all intellectual property associated with the Platform including copyright; discoveries; inventions; improvements; present and future patent and patent applications; rights to inventions; copyright and related rights; trademarks; service marks; trade names; domain names and URLs; rights in good will or to sue for passing off; rights in designs; registered designs; rights in computer software; rights in B4UBUILD’s confidential information (including know-how and trade secrets); rights in Platform usage data and any other intellectual property rights. Intellectual Property does not include the Client’s confidential information or personal details which may be stored on the Platform.
“Invoice” means a tax invoice issued by B4UBUILD to the Client specifying the Fee or any part of the Fee and any ancillary costs (including implementation costs, reimbursable expenses or third party costs) payable by the Client to B4UBUILD for the Platform and/or the Services.
“Order” means any electronic, written or verbal order by the Client to B4UBUILD for the Platform, Goods and/or Services.
“Platform” means B4UBUILD’s online calculation tool/s and any other Goods and/or Services supplied by B4UBUILD from time to time.
“Registration Confirmation” means the registration form and confirmation submitted by the Client to B4UBUILD (whether electronic form or in hard copy) requesting provision of the Platform by B4UBUILD.
“Subscription Period” means the period set out in the Registration Confirmation during which the Client has contracted B4UBUILD to procure the Platform, Goods and/or Services from B4UBUILD.
“Services” means the services to be provided by B4UBUILD (including, embedding of Platform if required, provision of access to the Platform, etc) to the Client as described in the Registration Confirmation.
“Terms” means the terms and conditions set out in this document.
2. In these Terms:
(a) words importing the singular import the plural and vice versa;
(b) a reference to a particular gender is a reference to all genders;
(c) a reference to a party includes that party’s successors, administrators and assigns; and
(d) a reference to a document includes all amendments or supplements to or replacements of that document.
Acceptance of Terms and Agreement Duration
3. The Client is deemed to have agreed to these Terms and placed an Order with B4UBUILD by:
(a) submitting the online registration form;
(b) returning a completed copy of the Registration Confirmation; or
(c) providing instructions or payment to B4UBUILD in relation to the Platform, Goods and/or Services subsequent to receiving a copy of these Terms.
4. If B4UBUILD accepts an Order as specified in clause 3 above, the parties will have created a binding contract and B4UBUILD will supply the Platform, Goods and/or Services to the Client, and the Client will pay the Fee to B4UBUILD as specified in the Registration Confirmation or Invoice in accordance with the Agreement.
5. This Agreement commences upon the earlier of the specified commencement date set out in the Registration Confirmation or, if no commencement date is specified, the date of acceptance in accordance with clause 3. The Agreement will continue and remain binding on the parties until the Agreement is terminated.
Fees and Platform Use
6. The Client must pay the Fees in the manner and at the time specified in the Registration Confirmation and/or the Invoice.
7. If the Client fails to make payment of any amount of the Fees on the due date for payment, B4UBUILD may suspend its supply of the Platform and/or Services until the Client’s account is brought up to date.
8. For any Order for an ongoing subscription plan, the Client will be required to make monthly payments non-refundable payments in advance of each month.
9. Cancellation of an Order can be done through the online portal or directly in writing to B4UBUILD.
10. If the Client becomes aware that a scheduled payment will be denied or refused by its banking institution, the Client must notify B4UBUILD at least 24 hours prior to the scheduled date for payment and make arrangements with B4UBUILD for an alternative mode of payment moving forward. B4UBUILD may charge to the Client a payment failure fee of $15.00 for each payment which fails to be processed.
11. The Client will be liable to pay to B4UBUILD interest on the full amount of any Fees outstanding at the rate equal to 2% higher than the penalty interest rate fixed by the Attorney-General of Victoria pursuant to s2(1) of the Penalty Interest Rate Act 1983 (Vic), calculated monthly for the period from the due date until payment is received.
12. The Client must not withhold, make-deductions from or set off against the any money owed by the Client to B4UBUILD, any amounts owed or claimed to be owed from B4UBUILD.
13. B4UBUILD may require payment or part-payment of the Fees prior to commencement of the Services as stated in the Registration Confirmation. In circumstances of delay in payment of agreed Fees, the date for commencement of the access to the Platform will be modified accordingly.
14. The Registration Confirmation does not constitute a guarantee as to any future B4UBUILD pricing and all on-going or additional Platform and/or Service pricing is subject to periodic review. Any changes to Fees will be notified to the Client in advance as appropriate.
15. All Fees, reimbursable expenses, additional charges and all other costs specified in the Registration Confirmation or otherwise quoted by B4UBUILD are exclusive of goods and services tax (GST) and, unless otherwise stated, GST will be payable by the Client to B4UBUILD.
16. The Platform is delivered ‘as is’ and without customisation unless explicitly specified within this Agreement or separately agreed in writing between the parties.
Liability
17. The Client agrees that the maximum liability of B4UBUILD to the Client arising out of or in connection with this Agreement, is, to the extent permitted by law, limited in the aggregate to the amount of the Fees payable under the Registration Confirmation. In the event of a breach by B4UBUILD causing loss, B4UBUILD’s liability to the Client for such breach will be limited to the cost of B4UBUILD supplying the Platform again.
18. B4UBUILD shall not be liable to the Client or any other person for:
(a) acts, omissions or defaults of other contractors or consultants engaged by the Client (including consultants or contractors engaged by B4UBUILD);
(b) any changes, alterations or additions to the Platform and/or Services made by others without the express approval of B4UBUILD;
(c) costs, fines, sanctions or imposts resulting from unforeseen or unavoidable outages, eligible data breaches, or failures of the Platform;
(d) business interruption, any loss of use, opportunity or production, loss of interest, earnings, profit or anticipated profit, loss of contracts, loss of goodwill, holding or financial costs, or any indirect or consequential loss or damage;
(e) any loss, damage or claim to the extent that such loss, damage or claim was caused or contributed to by the Client or its employees, agents, consultants or contractors; and/or
(f) any liability to a third-party for any claim whatsoever arising out of, or in connection with the Platform.
19. The Client acknowledges that it is responsible for assessing its own unique needs and determining whether the Platform and the Service are suitable and fit for the Client’s desired purpose.
20. The Client acknowledges that the B4UBUILD Platform (like any software) is imperfect and fallible. Whilst B4UBUILD makes every effort to test software and minimise adverse issues, due to the evolving nature of the Platform, recurrent updates may contain bugs, coding errors, or programming errors. B4UBUILD is also not responsible for occasional maintenance and downtime which may occur.
21. B4UBUILD shall bear no responsibility for any inability of the Client to access the Internet, the Client’s website, or a third party websites, and no such access difficulty shall relieve the Client from any of its payment obligations under this Agreement.
22. If there is a bug, coding error, or programming errors in relation to the Platform, B4UBUILD liability and costs will be limited as follows:
(a) B4UBUILD will rectify the error and, if the error can be reversed in B4UBUILD’s reasonable opinion, reverse it; and/ or
(b) if data loss has occurred, B4UBUILD will use all reasonable endeavours to restore the most recent and appropriate backup.
Home Improvement Information
23. Any estimates, opinions and information provided through B4UBUILD’s Platform and Services are used for educational and example purposes only.
24. B4UBUILD has taken due care and used reasonable efforts to ensure the accuracy and completeness of the information included on B4UBUILD’s Website and Platform, however any information provided through B4UBUILD’s Platform and Services is general in nature and is not designed to be a substitute for professional building or commercial advice with respect to the Client’s home development project.
25. The Client acknowledges and agrees that any information available through B4UBUILD’s Platform and Services does not consider all factors regarding the Client’s specific development plans, investment objectives, financial situation or investment needs.
26. While B4UBUILD endeavours to keep the information contained in the Platform up to date and accurate, you acknowledge that any information B4UBUILD provides through the provision of the Platform and Services, including but not limited to pricing, industry tips and general knowledge of the home building processes contained on B4UBUILD’s Website and the Platform is educational and for guidance purposes only.
27. The Client acknowledges and agrees that building pricing differs between regions and may vary depending on the builder used and other economic factors. B4UBUILD’s Platform and Services do not account for these variances when providing any pricing estimates. The Client must not use B4UBUILD’s pricing estimates for building contract purposes.
Not Professional Advice
28. The Client acknowledges and agrees that, by using the Platform and receiving the Services, B4UBUILD are not providing any professional advice. Any information or materials provided by us as part of the Platform and Services:
(a) is not intended to be a substitute of professional financial, investment or legal advice and should not be relied on as such; and
(b) is information only, based on (as relevant) B4UBUILD’s personal opinion, knowledge and experience.
Retention of Title
29. In circumstances where the Client receives access to the Platform, the Goods and/or Services as part of an agreed subscription plan:
(a) the Client acknowledges and agrees that property in and title to any Platform or any part of the Platform remains with B4UBUILD and does not pass to the Client;
(b) the Platform must be kept separate and identifiable;
(c) the Client must not change or modify (using AI or otherwise) the Platform in any way nor offer, sell, assign, pledge, grant or otherwise give any interest in the Platform, or otherwise deal with the Platform in anyway which is inconsistent with the rights of B4UBUILD as the owner;
(d) the Client must not make any representation or do anything that may tend to induce any person to believe that the Platform is not the property of B4UBUILD. If possession of the Platform is taken by any third party for any reason, the Client must account to B4UBUILD for the proceeds of the sale, disposal or transfer of the Goods until the Client’s total indebtedness to B4UBUILD is discharged; and
(e) the Client must immediately notify B4UBUILD if any damage, loss, theft or destruction of the Platform occurs (whether the Client was responsible or not) and provide full details of the damage, loss theft or destruction.
30. If during the Subscription Period the Client fails to make any payment in accordance with the Agreement or Invoice, B4UBUILD may ease providing access to the Platform, without liability or any resulting damage.
Data Protection & NDB Scheme
31. B4UBUILD holds paramount the safety of the Client’s data and will take all commercially reasonable steps to ensure that the Client’s data is protected from unauthorised access. B4UBUILD’s personnel may access the personal details of the Client and/or its data but only in the course of providing the Services or access to the Platform.
32. The parties agree to use their best endeavours to cooperate and take all reasonable steps to contain any suspected or known data breach.
33. The Client acknowledges that it may share obligations with B4UBUILD in relation to the Platform and/or the Services under the Notifiable Data Breaches (NDB) Scheme pursuant to the Privacy Act 1988. Under this Agreement, an “eligible data breach” has the meaning given in section 26WE of the Privacy Act.
34. The parties mutually agree that all eligible data breaches related to the Platform and/or the Services, whether or not the Client is an entity covered by the NDB scheme, will be notified to the Australian Information Commissioner and to affected individuals in the manner prescribed by the NDB Scheme.
35. If either of the parties becomes aware that a suspected or known eligible data breach has, or may have, occurred in relation to the Platform and/or the Services, it must:
(a) notify the other party by email as soon as it becomes aware of the known or suspected data breach; and
(b) confirm the full details of the known or suspected data breach by written notice to the other party as soon as is reasonably practicable.
Intellectual Property and Data
36. The Client acknowledges and agrees that the Intellectual Property is the sole property of B4UBUILD and that this Agreement does not confer on the Client any right or title to any of the Intellectual Property regardless of any modification, improvement or customisation of the Platform or the Services for the Client.
37. All user data and other information captured and stored by the B4UBUILD Platform or collected by B4UBUILD in the course of providing the Services is owned by B4UBUILD.
38. The Client agrees not to carry out any activities on the B4UBUILD Platform which may compromise the stability, integrity or security of the Platform or the Intellectual Property. Such actions may result in immediate suspension or termination of access to the Platform and/or the Services.
39. B4UBUILD grants the Client, a non-exclusive, revocable, non- transferable right to access data stored on the Platform on the Client’s for the sole purposes of which the Platform is intended.
40. The Client warrants that it will not use or deploy (or facilitate the use or deployment) of the Goods, the Services, and/or the Platform in order to infringe the intellectual property rights of any third party.
Confidentiality
41. Except as required by law, each party must not, during the term of this Agreement or at any time thereafter, disclose to any person any Confidential Information of the other party nor make use of any of the other party’s Confidential Information whether directly or indirectly without the other party’s prior written consent.
Proper Use of Goods, Platform & Services
42. The Client must not use the Platform and/or the content or information delivered through the Platform to:
(a) conduct any activity; or
(b) solicit, assist or knowingly allow the conduct or performance of any activity (whether by the Client or any other person)
if that activity is:
(c) illegal (whether in Australia or elsewhere);
(d) fraudulent;
(e) unreasonable, indecent or improper;
(f) intimidatory or designed to harass; or
(g) designed to intentionally mislead.
and the Client agrees to indemnify and keep indemnified B4UBUILD against any loss, liability, actions, claims, demands, damages, costs and expenses incurred or suffered by B4UBUILD in connection with or arising in any way out of a breach by the Client of clauses 32 and this 33. For the purposes of this clause, something is taken to be illegal if it is contrary to any applicable constitution, treaty, statute, regulation, judge made or common law, ordinance or code or any order, ruling, instruction, requirement, directive or request of any courts, regulators or other governmental authorities.
Indemnity
43. The Client agrees to indemnify and keep indemnified B4UBUILD against any loss, liability, actions, claims, demands, damages, costs and expenses incurred or suffered by B4UBUILD in connection with or arising in any way out of a breach by the Client of the provisions of this Agreement.
Warranties
44. B4UBUILD’s liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law (ACL) is limited to:
(a) in the case of Goods, any one or more of:
(i) the replacement of the Goods or the supply of equivalent goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
(iv) the payment of the cost of having the Goods repaired; or
(b) in the case of services:
(v) the supplying of the services again; or
(vi) the payment of the cost of having the services supplied again.
45. Except for any warranty or condition mandated by law, B4UBUILD disclaims any and all implied warranties (including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party intellectual property rights) to the fullest extent permitted by law.
46. For the avoidance of doubt, B4UBUILD makes no warranties about any goods, products, or services provided by third parties. Any warranties applicable to such third-party goods, products, or services are given solely by the original manufacturer, provider, or vendor, and B4UBUILD have no responsibility or liability for the failure or fault in, or to maintain or service, any third-party goods, products, or services.
Termination
47. The Client may terminate this Agreement at any time, without cause, provided B4UBUILD is given no less than one (1) months’ written notice either through the online portal or directly to B4UBUILD. In circumstances where a Subscription Period has not yet expired, the Client will retain access to the Platform until the expiry of the Subscription Period.
48. B4UBUILD may terminate this Agreement at any time, without cause, provided the Client is given no less than one (1) month written notice. In circumstances where B4UBUILD terminates this Agreement without cause, then it shall be liable to the Client for any paid but unused portion of access to the Platform or Subscription Period.
49. B4UBUILD may immediately terminate this Agreement or suspend the Services immediately without notice:
(a) if the Client breaches a material term of this Agreement (including but not limited to clauses related to payment or proper use);
(b) if the Client uses the Platform or the Services in a way which is contrary to law or poses a security risk to the Platform or other B4UBUILD clients; or
(c) if the Client becomes insolvent, the Client ceases (or threatens to cease) operating its business or is unable to pay debts to B4UBUILD as the debts fall due.
50. If the Agreement is terminated for any reason:
(a) the Client must immediately pay to B4UBUILD a pro-rata payment for access to the Platform and/or the Services rendered by B4UBUILD up to the date of termination, and any other money owed by the Client to B4UBUILD under this Agreement as at the date of termination; and
(b) termination does not affect any accrued rights or liabilities of the parties such as those in relation to Confidentiality and Intellectual Property.
General
51. For account or subscription questions, email support@b4ubuild.com.au
52. This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous Agreements or understandings between the parties. Any other external documents, emails, conversations or previous representations that are not set out in this Agreement are expressly excluded and outside the scope of what is to be delivered by B4UBUILD.
53. B4UBUILD may change these Terms at any time provided if it has given to the Client at least 30 days’ prior written notice in writing of the proposed change. In circumstances where the Client objects to the proposed change, these Terms will continue to apply.
54. Unless otherwise agreed in writing between the parties, these Terms will continue to apply to all future services provided to the Client by B4UBUILD.
55. A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of terms continue in force. The failure of B4UBUILD to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect B4UBUILD’s right to subsequently enforce that provision.
56. The Agreement between B4UBUILD and the Client is made in the State of Queensland, Australia, and the parties agree to submit to the exclusive jurisdiction of that State.