Welcome to B4UBUILD, a web-application powered by RedKem Holdings Pty Ltd

1. INTRODUCTION

(a) B4UBUILD is a web platform designed to assist home-owners by providing information about certain home renovation and development processes along with their respective costs and considerations (Platform). 

(b) These terms and conditions (Terms) govern your use of the Platform, the services set out in clause 1(a) and on our website at [https://b4ubuild.com.au/terms_of_use] (Website), as well as any other associated services we offer (collectively, the Services). 

(c) You may register an Account for free however you may only access the Services via a subscription entered into on our Website (Subscription). Your Subscription is for the Initial Term and any additional Renewal Term renewed in accordance with clause 5 (Subscription Term).

(d) By clicking the tick box, paying for your Subscription, using the Services or otherwise engaging with the content on the Services, you agree to be bound by these Terms which form a binding contractual agreement between you and us, RedKem Holdings Pty Ltd (ABN 52 624 935 708) (we, us or our). 

(e) By using the Services or otherwise engaging with the content on the Services, you represent and warrant that you:

1. are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these terms; and 
2. are the parent or legal guardian of a person under the age of 18 who intends to use the Services, and you agree to be bound by these terms on that person’s behalf. 

(f) We may modify our Terms from time to time. If we do, we will post a note on this page, elsewhere on our Website, or otherwise on the Platform. If you continue to use the Platform after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

(g) Capitalised words and phrases used in these terms:

1. have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or 
2. are otherwise defined.

2. ACCOUNT 

2.1 REGISTERING FOR AN ACCOUNT 

(a) In order to use the Services you will be required to register for an account (Account) and provide information about yourself including both personal information (such as your name and email address) and some sensitive information. Any information you provide as part of signing for an Account will only be used, disclosed, and stored by us in accordance with our privacy policy.    

(b) When registering for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

(c) You may not share your Account with another person or transfer your Account to another person. 

2.2 ACCOUNT SECURITY

(a) You agree that you're solely responsible for:

1. maintaining the confidentiality and security of your Account information and your password; and
2. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

(b) You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.

(c) We won't be responsible to you for, and exclude any liability from damages or loss (including consequential loss) arising from, or in connection to, a failure by you to maintain the security of your Account information or your password.

3. The Platform

(a) We will provide you with access to the Platform in accordance with these terms, or as otherwise agreed by us in writing from time to time.

(b) We may from time to time, in our absolute discretion, release enhancements to the Platform, where “Enhancements” is referred, it means any upgraded, improved, modified or new versions of the Platform. Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime. 

(c) We will operate the Platform in accordance with all applicable laws and industry standards.

4. Disclaimer

4.1 HOME IMPROVEMENT INFORMATION 

(a) We have taken due care and used reasonable efforts to ensure the accuracy and completeness of the information included on our Website and Platform, however any information provided through our Services is general in nature and is not designed to be a substitute for professional building or commercial advice with respect to your home development project. 

(b) You acknowledge and agree that any information available through our Services does not consider all factors regarding your specific development plans, investment objectives, financial situation or investment needs; and 

(c) While we endeavour to keep the information contained in the Platform up to date and accurate, you acknowledge that any information we provide through the provision of the Services, including but not limited to pricing, industry tips and general knowledge of the home building processes contained on our Website and the Platform is educational and for guidance purposes only.

(d) You acknowledge and agree that building pricing differs between regions and may vary depending on the builder used and other economic factors. Our Services do not account for these variances when providing any pricing estimates. You must not use our pricing estimates for building contract purposes. Any estimates, opinions and information provided through our Services are used for educational and example purposes only. 

4.2 NOT PROFESSIONAL ADVICE

You acknowledge and agree that, by receiving the Services, we are not providing any professional advice. Any information or materials provided by us as part of the 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) our personal opinion, knowledge and experience.

4.3 NOT SUITABLE FOR USE WITH HOME DESIGN PLATFORMS

You acknowledge and agree that the Platform is designed for use by homeowners seeking to carry out custom home builds, renovations or extensions. It is not designed for use with home design or selection platforms, in which you select a home design from a predefined list of display homes. 

4.4 OUTCOME

We do not guarantee any particular outcomes, or any outcomes at all, as a result of the Services. 

4.5 RISK

(a) You acknowledge and agree that you are receiving the Services and using information from the Services at your own risk and any decision you make, and the consequences that flow from such decisions are your sole responsibility.   

(b) We won't be responsible to you for, and exclude any liability for damages, loss (including consequential loss) arising from or in connection to you relying on or using any information from the Services.

5. SUBSCRIPTION TERM

5.1 INITIAL TERM

(a) During the Subscription process, you will need to select the initial term for your Account (Initial Term). You will also need to pay a subscription fee in relation to your Subscription (Subscription Fee).

(b) The associated Services available for your Subscription and the amount of the Subscription Fees for your Subscription will be set out on the Platform and on our Website.

5.2 RENEWAL TERM

Your subscription will not automatically renew itself at the end of the subscription.

5.3 EXTENDING RENEWAL TERM

(a) You may request to extend the Renewal Term. 

(b) If we agree to extend the Renewal Term, we will charge and apply the relevant Subscription Fees payable for the balance of the Initial Term or the then current Renewal Term, immediately on the date on which you made the request

6. PAYMENT

6.1 SUBSCRIPTION FEES

(a) You must pay the Subscription Fees for the Initial Term or the then current Renewal Term in advance. 

(b) Subscription Fees will be charged via your selected payment method. 

(c) If we are unable to charge your selected payment method we may immediately cancel or suspend your access to the Services. 

(d) We may, at our discretion, amend the amount of the Subscription Fees at any time on 5 days’ notice to you. You will not however be charged the amended amount of the Subscription Fees until your subscription is renewed. 

6.2 GENERAL

(a) (Change payment method) You may change your payment method by changing your payment details associated with your Account. 

(b) (GST) Unless otherwise indicated, amounts set out on the App include GST. 

(c) (Currency) All amounts shown on the Services are in Australian Dollars. If you pay using a currency other than Australian Dollars, you may be charged a foreign transaction fee as well as taxes applicable to your jurisdiction. 

(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). 

(e) (Dishonour fee) If we are unable to debit your selected payment method, we may charge a dishonour fee. 

(f) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting a payment from you. 

7. Your Warranties

You acknowledge and agree:

(a) to not share your Account with or transfer your Account to any other person and that any use of your Account by any other person is strictly prohibited. You must notify us of any unauthorised use of your Account, password or email (or any other breach or potential breach of the Services’ security);

(b) to not use the Services for any purpose other than for the Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; 

(c) not to act in any way that may harm our reputation or our associated or interested parties or do anything at all contrary to our interests or the Services; 

(d) you must not copy, reproduce, translate, adapt, vary or modify the Services; 

(e) that we may change any features of the Services or Services offered through the Services at any time without notice to you; and

(f) that any information on the Services provided by us, is general in nature, and we won't be responsible to you for, and exclude any liability for damages, loss (including consequential loss) or personal injury arising from or in connection to you relying on or using any information on the Services.

8. THIRD PARTIES 

8.1 THIRD PARTY CONTENT

The Services may contain text, images, data and other content provided by a third party (Third Party Content).  We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.  

8.2 THIRD PARTY LINKS

The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

8.3 THIRD PARTY TERMS AND CONDITIONS

By using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any damages, loss (including consequential loss) or personal injury suffered by you arising from or in connection with such Third Party Terms. 

9. SERVICE LIMITATIONS

The Services are made available to you strictly on an 'as is' basis. We cannot guarantee, and make no warranties, to the extent permitted by law, that:

(a) the Services will be free from errors or defects;

(b) the Services will be accessible or available at all times;

(c) messages sent through the Services will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Services will be secure or confidential; or

(e) any information provided through the Services is true, accurate or complete.   

10. INTELLECTUAL PROPERTY 

(a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Services including text, graphics, logos, design, icons, videos, images, functionality, pricing and software (Services Content) and reserves all rights in any Intellectual Property Rights owned or licensed by us.

(b) You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Services Content without our prior written consent or as permitted by law.

(c) In this clause 10, "Intellectual Property Rights" means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms in Australia and throughout the world.

11. Privacy and Confidentiality

11.1 PRIVACY

You agree to comply with:

(a) your obligations under the Privacy Act 1988 (Cth); and

(b) our privacy policy as updated from time to time. 

11.2 COLLECTION NOTICE FOR PERSONAL INFORMATION

(a) We collect personal information and sensitive information about you in order to provide you the Services, to enable you to access and use the Services and for other purposes set out in our privacy policy.

(b) Our privacy policy is located at [www.b4ubuild.com.au] and contains more information about how we use, disclose and store your information and details how you can access and correct your personal information and sensitive information. 

11.3 CONFIDENTIAL INFORMATION

You agree to not disclose Confidential Information directly or indirectly to any third party, except:

(a) with our prior written agreement;

(b) as required by law; or

(c) as allowed by the Services. 

11.4 In this clause 11, “Confidential Information” means information of, or provided by, us that is by its nature confidential information, is designated as confidential, or that you know or ought to know is confidential, but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

12. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Services. You should take your own precautions to ensure that the process you employ to access the Services does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks. 

13. Liablity and Indemnity 

13.1 LIMITATION OF LIABILITY 

To the maximum extent permitted by applicable law, we exclude completely all liability, or if liability cannot be excluded, our maximum aggregate liability will be limited to $100, to any person for loss or damage of any kind (including personal injury), however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to the Services. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form. 

13.2 WARRANTIES

All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

13.3 CONSUMER LAW 

Nothing in these terms are intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

13.4 INDEMNITY 

You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':

(a) breach of these terms; or 

(b) use of the Services. 

13.5 CONSEQUENTIAL LOSS 

To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these terms, or any other services provided by you (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

14. Cancellation 

14.1 CANCELLATION BY YOU 

(a) You are responsible for cancelling your subscription. 

(b) Subscriptions are for the Subscription Term. If you cancel your Subscription, you will continue to have access to the Services available for your Subscription even if you decide not to use them, until the end of the Initial Subscription Term or the then current Renewal Term.

14.2 CANCELLATION BY US 

(a) To the extent permitted by law, we reserve the right to cancel or suspend your Account and access to all or part of the Services at any time without notice, for any reason. 

(b) If we cancel your Account by application of Clause 14.2(a), we will refund to you the Subscription Fees on a pro rata basis based on the amount of time remaining on the Initial Term or the then current Renewal Period. 

(c) We may also cancel or suspend your Account and access to all or part of the Services at any time, without notice, and without issuing a refund, if you breach any provision of these terms.

14.3 REFUNDS 

We do not offer change of mind refunds. 

14.4 PAUSE SUBSCRIPTION

We do not offer any pauses to your Subscription.

14.5 CANCELLATION AND YOUR DATA 

Upon cancellation, termination or expiry of your Account, we may retain or delete any information, data and material associated with your Account. If deleted, you will not be able to recover any of your information, data and material. We won't be responsible to you for, and exclude any liability for damages or loss (including consequential loss) arising from or in connection to the cancellation, termination or expiry of your Account.

15. NOTICES

(a) A notice or other communication to a party under these terms must be:

1. in writing and in English; and
2. delivered via email to the other party, to (in our case) our contact email address set out on the App and (in your case) the email address associated with your Account (collectively the Email Address). 

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

1. 24 hours after the email was sent; or
2. when replied to by the other party,

whichever is earlier.

16. GENERAL

16.1 GOVERNING LAW AND JURISDICTION

These terms are governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

16.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

16.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

16.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

16.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.

16.6 ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection to the subject matter of these terms.

16.7 NTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.