Website Terms and Conditions

This website, www.smartbuilder.au (Website), belongs to SmartBuilder Pty Ltd (ABN 14 682 835 990) (‘SmartBuilder’, ‘we’, ‘our’ or ‘us’).

This page sets out our:

• Ordering Process;
• Consumer Law Guarantees;
• Website Terms of Use; and
• Terms and Conditions of Sale.

If you access and use our Website, you are taken to have agreed to these terms and conditions. If you have any questions, please contact us at [email protected]

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1.0 Orders

How can I place an order?

You can place an order through our Website.

Our prices are displayed in Australian dollars and include GST (where applicable).

You can pay for your order by using the payment methods listed at the checkout including Afterpay or by credit/debit card via our secure payment gateway (Stripe.com). Payments made by credit/debit card will be subject to a two per centum (2%) surcharge.

How much is your service?

The prices of our goods and services are displayed on our Website.

We endeavour to maintain accurate information on our Website, but from time to time there may be an error. If the purchase price is more or less than the price displayed, we reserve the right to correct the error.

I have made an error when identifying the builder’s ABN, can I get a refund?

It is important that you carefully check the ABN number of the building company for which you wish to receive information. Once you have added the builder’s ABN and paid for a report or subscription, we will be unable to provide a credit or refund if the ABN number has been entered incorrectly or is not for your intended Builder.

How will I receive my order?

Your order will be made available to you through your Customer Account. To access your order, log in to your customer account through our Website homepage and navigate to your dashboard in the dropdown menu. You will be able to view your purchased orders from your Dashboard.

How long will it take to receive information about a builder?

We pride ourselves on providing fast and reliable data. Once your payment has been validated, you should receive access to the information you have paid for within several minutes. However, there may be technical issues (including delays caused by third-party platforms) that cause delays.

If you do not have access to the information you have paid for within two hours, please contact us at [email protected]

Who do I contact to discuss my order status?

In the first instance check your current or previous orders in your Customer Account for the current status. However if you have any further queries please contact us at [email protected]

2.0 Consumer Law Guarantees

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Australian Consumer Law guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

3.0 Website Terms of Use

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No representations regarding suitability

Information about licence categories or licence descriptions is sourced from relevant State and Territory building regulators or other government bodies. We make no representations that a particular licence category is authorised to carry out the services you require. You must make enquiries to confirm that the relevant licence holder is permitted to carry out the services you require.

The information contained on our Website, including information that you purchase, is derived from third-party sources. We make no representations regarding the suitability of that information for any particular purpose. You are solely responsible for any opinions or decisions that you make as a result of the information we provide noting that information may have changed subsequent to the date you purchased the building report.

We are unable to provide legal advice or information other than that provided through our Website (including information that you purchase).

Intellectual Property Rights

Our Website contains intellectual property (including copyright) owned by SmartBuilder and third parties.

We and our third parties retain all rights, title, and interest in our Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

• the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or
• the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
• a system or process that is the subject of a patent, or copyright (or an adaptation or modification of such a system or process), of SmartBuilder or any third party.

You must not:

• use the goods in any way that infringes our copyright;
• remove or conceal any copyright notice or label contained in the goods; and/or
• duplicate, copy, distribute, trade, or sell the goods to third parties for any purpose, except where you are sharing the goods within your own business, in which case you may share the goods with the employees or other registered owners of the business for the needs of that business.

General information

When you come to our Website or engage with us, we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service. To read more about how we collect your data, please see our Privacy Policy, located at https://smartbuilder.au/privacy

Links to Third-Party Websites

Our Website may contain links to other websites. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship, endorsement, or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. Our Privacy Policy, located at https://smartbuilder.au/privacy, applies solely to information collected by this Website.

Content and other descriptions

We take care to provide information that is current and accurate. However, we are reliant on third party data and technology that we do not control. Because we are reliant on third party data and technology, we do not warrant that product descriptions, reports or other content on this Website is accurate, complete, reliable, current, or error-free. We make no warranty that goods, services or our Website will meet your requirements or expectations.

We may update any content on our Website at any time without notice.

Reviews and comments

When visiting our Website or social media pages, and subject to your compliance with these terms, you may post reviews and comments.

If your reviews or comments contains defamatory, misleading or false statements or is threatening, aggressive or contains obscenities, or is otherwise contrary to the relevant social media platform’s content or other rules, we may remove your reviews and comments and remove your access to our Website and social media pages.

We reserve the right to remove or edit any content that you post on our Website. You acknowledge that any content posted by you on our Website or social media pages becomes our property. For this purpose, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, distribute and display such content in any way we see fit, throughout the world and in any media.

You agree to indemnify us for all claims made against us resulting from your reviews or comments on our Website or social media pages.

You acknowledge that we are not the author of any reviews or comments on our Website or social media pages and that we are not responsible and do not assume any liability for any content posted by you or any third party.

If you are concerned about any reviews or comments, please contact us at [email protected].

Customer Account security

For security purposes, you must not share your Customer Account login details.

If you use our Website, you are responsible for maintaining the confidentiality of your Customer Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Customer Account or password.

We can terminate your Customer Account at any time and in our sole discretion.

If we become aware that a customer is under 18 years of age and purchasing an item with a credit card, we will require the consent of a parent or guardian at the time of purchase.

Credit Card Information

We do not store any credit card information that you provide. If payments are made via our Website, they are securely managed by our third party payment gateway Stripe.com in compliance with relevant standards.

Suspending or terminating site access

We may suspend or terminate your access to and use of our Website, without notice, if you are in breach of these terms.

Prohibited Uses

You must only use our website for lawful purposes. You must not: carry out any activities in relation to our website:

• that may cause disruption or failure of the website or any part of it, including its functionality;
• that may constitute infringement of our intellectual property rights;
• provide false information when submitting an order or corresponding with us, or any related seller institutions;
• copy, distribute, reproduce, modify, translate, adapt, vary, reverse engineer, de-compile or disassemble any of the content displayed on our website or create derivate works based on that content; or use any spider, scraper, robot or other automated means to access our content and our website for any purpose whatsoever or seek to bypass any measures that we may implement to restrict automated access.

We reserve the right to monitor and track your login information on the website to ensure it is being used in accordance with these terms.

Viruses

We make every attempt to ensure that the Website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of the Website is at your own risk and you must take your own precautions to avoid and protect your computer systems against any viruses and other malicious code.

Cyber security

If, due to events beyond our reasonable control, you incur any loss or damage arising from a cyber security event in relation to our Website, email communications, payment gateway providers or goods, you acknowledge that we are not liable.

You must take appropriate steps to ensure that any requests for payment purporting to be from SmartBuilder are genuine, including by calling or emailing us to request confirmation.

How can I make a complaint?

If you wish to make a complaint, please submit details of your complaint to [email protected]

We will investigate and respond as soon as possible after receiving written notice of your complaint.

4.0 Terms and Conditions of Sale

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Formation of Contract

A contract is entered into between SmartBuilder and you when we accept, either in writing or by conduct, an order that you place (either verbally or in writing) for goods or services (including reports).

A contract constitutes the only agreement governing the supply of the goods and services to which it relates and supersedes all previous communications and negotiations and agreements in connection with the supply of those goods and services.

Except as specifically provided in these terms and conditions, any terms in respect of the supply of goods and services contained in or relating to any other documents, including any of your documents (even if they are specified to prevail), are excluded. By accepting the goods and services, you acknowledge that these terms and conditions prevail over any qualification or condition purported to be imposed in any such other documents.

Electronic communications

When you visit our Website, purchase goods or services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, through your SmartBuilder account or by posting notices on our Website or social media pages.

You acknowledge that you are solely responsible for verifying that any electronic communications (including reports that you download through our Website) do not contain any viruses and have not been subject to compromise. If you receive an invoice electronically, you must verify any account details described in that invoice.

Time for Payment

You must pay for goods at the point of sale. We reserve the right to withhold delivery of goods and services until payment is received in full.

Liability

To the extent permitted by law we:

• exclude all express or implied representations, warranties or guarantees, under any statute or otherwise; and
• are not liable to you, in any way, at common law, under contract, tort (including negligence), in equity, statute or otherwise for any liabilities, claims, costs and expenses (including reasonable legal costs), damage or any special, direct, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the goods, services or these terms and conditions.

If you do not agree with these terms and conditions, your sole remedy is to discontinue the use of the goods, services and/or Website.

Our total aggregate liability for all claims relating to the Website or goods shall not exceed the greater of AUD$100 or the amount you have paid to us, if any, in the 12 months preceding your claim.

Continuous Services

We do not warrant that our Website will be free from interruption, outages or other events which may impact our ability to provide services to users, or that the services will be provided on a continuous basis.

Warranties and Indemnities

We do not warrant that descriptions or other content on our Website is accurate, complete, reliable, current, or error-free. We may update any content on our goods or Website at any time without notice.

You agree to indemnify us and our officers, directors, employees, sublicensees, agents, affiliates, contractors, licensors, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including legal costs) which arise out of or relate to your use of the goods and/or services and/or our Website, except to the extent we have been negligent.

To the extent permitted by law, we exclude all express or implied conditions, warranties, representations or other terms which may apply to the goods, services or our Website.

Force Majeure

We will have no liability to you in relation to any loss, damage or expense caused by any failure or delay in delivering goods or services as a result of fire, flood, technological failure, tempest, earthquake, pandemic (including COVID-19), epidemic or other acts of God, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, any supply chain issues or any other matter beyond our reasonable control.

Severability

Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

Applicable law

You acknowledge that the laws of Queensland, Australia, without regard to principles of conflict of laws, govern your use of our Website and our goods and services. Both parties irrevocably submit to the courts of Queensland, Australia. You must comply with all applicable laws when you use our Website.

 

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5.0 Copyright and Licensing

SmartBuilder complies with the terms and obligations of the Creative Commons Attribution 4.0 International Licence (CC BY 4.0) and the Creative Commons Attribution 3.0 Australia Licence (CC BY 3.0).

Attribution and Compliance by SmartBuilder

As a licensee of content, data, and materials under these licences, SmartBuilder ensures compliance with all attribution requirements by:

Crediting the Source

• Naming the original licensor or source organization.
• Specifying the title of the dataset or material.
• Providing the date the material was accessed.

Including Licence Links

• CC BY 4.0
• CC BY 3.0 Australia

Disclosing Modifications

Clearly indicating if any changes, modifications, or adaptations have been made to the original material.

Avoiding Implied Endorsement

Ensuring that attribution does not suggest endorsement by the original creator, licensor, or SmartBuilder.

Attribution References by State and Territory

SmartBuilder uses specific attribution formats for licensed content sourced from various jurisdictions, as outlined below: