Terms and Conditions
WELCOME TO BUILD BUDDY!
GENERAL
Build Buddy is a web-based and mobile app Platform that connects Customers with the Service Providers that will help them meet their home building and renovation needs.
These terms and conditions govern your use of the Build Buddy Platform (Platform) and any other services made available through the Platform.
By agreeing to these terms and conditions or otherwise using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement (Agreement) between you, the User, and us, Build Buddy Pty Ltd ABN 61 648 961 175 (Build Buddy, we or us).
This Agreement is divided into the following parts:
- Part A (All Users) – terms that apply to all Users in relation to the use of Services through the Platform
- Part B (Customers) – terms that apply only to Customers, being owner builders or licenced builders
- Part C (Service Providers) – terms that apply only to Service Providers, being contractors, consultants and suppliers
- Part D (All Users) – terms that apply to all Users in relation to the use of the Platform
Definitions:
In this Agreement,
(a) “Build Buddy” refers to Build Buddy Pty Ltd ABN 61 648 961 175 and includes our employees, agents, representatives or assigns.
(b) “Business Day” means any day other than:
(i) Saturday, Sunday or public holiday in the jurisdiction where the Site is located; and
(ii) a period between the 22nd December to the 31st December or the 1st to the 10th of January of any year, both days inclusive.
(c) “Claim” means a claim for any moneys or for compensation or for costs, expense, or loss or damage on any basis whatsoever including, without limitation, a claim:
(i) pursuant to this Agreement;
(ii) pursuant to quasi contract;
(iii) for unjust enrichment; or
(iv) (without limitation) pursuant to any other principle of law or equity.
(d) “Customer” means Owner Builders or licenced builders using this Platform.
(e) “Construction Buddy” means an experienced and licenced building professional, registered on the Platform, providing construction related assistance, guidance and/or site supervisory services to Customers.
(f) “Legislative Requirements” includes:
(i) acts, ordinances, regulations, by-laws, orders, awards and proclamations of the jurisdiction the Site or the particular part thereof is being carried out;
(ii) certificates, licences, consents, permits, approvals and requirements of organisations having jurisdiction in connection with the carrying out of the works;
(iii) National Construction Code, the Australian Standards; and
(iv) fees and charges payable in connection with the foregoing, as amended from time to time, whether or not the Legislative Requirement existed at the date of this Agreement.
(g) “Licenced Builder” means any licenced builder using the Platform for their projects and not for the purposes of providing Services.
(h) “Listing” means any quote provided to the Customer by the Service Provider in response to the Customer’s Request.
(i) “Platform” or “Build Buddy Platform” refers to the mobile app and platform available to our Customers and Service Providers.
(j) “Product” includes any goods, materials or equipment to be supplied by a Service Provider.
(k) “Products Request” means a request for products by the Customer.
(l) “Request” means a Service Request and/or a Product Request.
(m) “Services” means any services or goods to be supplied by a Service Provider including construction works, consultancy services, design works and supervision works via the Build Buddy Platform.
(n) “Service Fee” means the agreed fee paid by Service Providers to Build Buddy;
(o) “Service Request” means a request for Services by the Customer.
(p) “Service Provider” means any supplier, consultant or contractor providing Products or Services of any kind on this Platform.
(q) “Site” means the physical location of the works to be undertaken by a Customer using this Platform.
(r) “User” means any party using the Platform.
(s) “you” means you (whether you are a Customer or Service Provider) or any other party who engages with the Platform on your behalf, whether authorised by you or not.
Please read the Agreement carefully before using any electrical device to purchase and download the application. By purchasing or downloading the Platform, you are agreeing to be bound by the terms of this Agreement.
If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may modify this Agreement from time to time. If we do, we may notify you. If you continue to use the Services after we modify this Agreement, you’ll be taken to have agreed to the terms as modified.
If you have any questions concerning the Build Buddy Platform or the agreements, please contact Build Buddy’s expert guidance and support team by visiting https://www.buildbuddy.au/your-support-team on our website or by phone on 1300 990 980.
PART A - ALL USERS
1 YOUR ACCOUNT
(a) To use the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account). We offer different types of Accounts depending on how you will be using the Platform.
(b) If you are applying for an Account as a Service Provider, your Account will be referred to by us as a Build Buddy Pro and one of the following:
(i) Supplier Account (if you will be selling products through the Platform);
(ii) Consultant Account (if you will be providing consulting services through the Platform); or
(iii) Contractor Account (if you will be providing contractor services through the Platform).
(c) If you are applying for an Account as a Customer, you must select one of the following types of Accounts:
(i) Owner Builder (if you are, intend to be or are considering to be an owner builder using the Platform for one project); or
(ii) Licenced Builder (if you are a licenced builder using the Platform for multiple projects).
(d) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details. You warrant that any information you give to Build Buddy in the course of completing the Account registration process is accurate, honest, correct and up to date. Any changes to your personal information are to be updated within 10 Business Days of the change and failure to do so may constitute a breach of this Agreement and grounds for termination by Build Buddy.
(e) Once you complete the Account registration process, Build Buddy may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) Build Buddy reserves the right to contact you about,
(i) any behaviour which does not align with our community standards and values; or
(ii) seeking to resolve any dispute with you.
(g) Build Buddy may, in its absolute discretion, suspend or cancel your Account for any reason including for any failure to comply with this Agreement.
(h) Your intended use of your Account within the Build Body Platform, is subject to this Agreement and any specific terms and conditions that apply to products or services that you may access using this Platform.
(i) The Platform is for use in Australia only and any use of the Platform which is not authorised by this Agreement is strictly prohibited.
2 INTRODUCTORY SERVICE
(a) Build Buddy is a medium that facilitates the introduction of Customers, Suppliers and Service Providers for the purposes of connecting Customers with Products and Service Providers to meet their home building and renovation needs.
(b) Build Buddy collects a service fee in consideration for providing this introduction service and provides the Services set out in this Agreement and does not have any other obligations or liabilities to and is not a party to any contract between the Customers and Service Providers in relation to such services or otherwise resulting from the introduction.
(c) The Users of the Platform each agree to indemnify Build Buddy in respect of any Claims.
3 CONFIDENTIALITY
You agree that:
(a) no information owned by Build Buddy, including system operations, documents, material produced such as floor plans and other guidance material, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other Users on this Platform and of the Service Provider are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
(c) Any failure to adhere to the provisions of this clause shall constitute a breach of the Agreement and grounds for termination by Build Buddy.
4 LIMITATIONS & INDEMNITY
(a) (Limitation of liability) To the maximum extent permitted by law, Build Buddy shall not be liable to any person for any loss or damage of any kind however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any Services provided by any Service Provider.
(b) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by law, excluded.
(c) (Consumer law) Nothing in this agreement is 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 Products and Services provided.
(d) (Indemnity)
(i) You agree to indemnify Build Buddy and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any:
A. act or omission by you, your representatives, agents, subcontractors or employees, or
B. breach of any provision of this Agreement; or
C. use of the Platform; or
D. provision or receipt of Services from another User.
(ii) You, a party to which downloads the application, agrees to fully, effectually and promptly indemnify the licensor against any loss, either direct or indirect, damage or expense whatsoever which the licensor may suffer or incur in respect of any breach by you, being the party to which has downloaded the application of the provision of this Agreement.
(iii) A User who downloads the Platform agrees to fully, effectually and promptly indemnify Build Buddy against any loss, either direct or indirect, damage or expense whatsoever which Build Buddy may suffer or incur in respect of any breach by the User.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Build Buddy 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 Platform, the use of the Application in connection with the Platform, this Agreement or any Services provided by any Service Provider.
5 ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partners (Online Payment Partner) to collect payments on the Platform, including for our Services.
(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
(c) By entering into the Agreement you agree to release Build Buddy in respect of any liability for loss, damage or injury which may be suffered by you or any party you engage through the Platform, arising from any act or omission of the Online Payment Partner, any act or omission of any other parties including but not limited to fraud or theft, any issues with security or performance of the Online Payment Partner’s platform or any error or mistake in the processing of your payment.
(d) In the event of an error in the collection of your payment, we reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
6 PRIVACY
You agree to be bound by the clauses outlined in Build Buddy’s Privacy Policy, which can be accessed here:
buildbuddy.au/privacy
7 INFORMATION
(a) Diagnostic Data
You agree that Build Buddy and its subsidiaries and agents may collect, maintain, process and use diagnostic and technical and related information, including but not limited to information about your device, information stored or inputted or gathered periodically to facilitate the provision of software updates, product and other services related to the Platform and to verify compliance with the terms of this Agreement. Build Buddy may use this information, if it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
(b) Location data
When accessing Build Buddy websites or apps from a mobile device, we may request permission to collect your location from your device via the permission system used by your mobile operating system, to provide certain services through your device that rely upon location information. To provide these services, where available, Build Buddy may transmit, collect, maintain, process and use your location data, including real time geographic location of your device. The location data collected by Build Buddy is collected in a form that does not personally identify you.
If you consent to the collection of this information, and later change your mind, you can later disable it by changing the location settings and/or other settings on your mobile device. However, this may limit your ability to use certain features of our Services.
8 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Subject to any cancellation policy and refund policy stipulated by Build Buddy, Build Buddy will have no liability or obligation to you if:
(a) a Customer or Service Provider cancels at any time a contract has been agreed; or
(b) for whatever reason including technical faults, the Services in a listing cannot be performed or completed,
and you acknowledge and accept that your rights and remedies will be determined by your contract with the Customer or Service Provider, and you will not be entitled to any compensation from Build Buddy. For the avoidance of doubt, Build Buddy will have no liability in respect of any matters governed by contracts, agreements or arrangements between the Customers and the Service Providers.
9 DISPUTES BETWEEN USERS
(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party claiming that a dispute has arisen under or in connection with this Agreement must give the other party or parties to the dispute written notice within three (3) Business Days containing reasonable details of the dispute and requiring its resolution under this clause.
(c) We will assess the dispute and attempt to quickly and satisfactorily resolve it in good faith and without prejudice. You agree to use best efforts to resolve the dispute in good faith.
(d) If the dispute is not resolved within a period of 14 Business Days after the date of the notice, Build Buddy may give notice to the parties that it will be initiating its dispute resolution process (Dispute Resolution Process), in which a Build Buddy expert (Expert) will arrange a meeting with the relevant parties, assess the facts and make a determination in relation to the dispute within 14 Business Days of his/her appointment. You agree that the decision made by the Expert is binding.
(e) The cost of the Dispute Resolution Process must be shared equally between each of the parties to the dispute. The parties shall bare their own costs regarding any other costs incurred in relation to a complaint or dispute.
(f) Build Buddy reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(g) Notwithstanding any other provision of this clause 9, you or Build Buddy may at any time cancel your Account or discontinue your use of the Platform.
(h) Notwithstanding the existence of a dispute, each party shall continue to perform its obligation under the agreement.
10 SOFTWARE USED BY THE PLATFORM
(a) The Platform, which is inclusive but not limited to other imbedded software, documentation, interfaces, content, fonts, and any data that comes with the Platform, may be updated or replaced by feature enhancements, software updates or system restore software by Build Buddy.
(b) Build Buddy will provide you with the updates that it may release from time to time either for a fee or free of charge.
(c) Subject to this Agreement, you are granted a limited non-exclusive licence to use the Platform (Licence).
(d) The Licence does not grant you any rights to use the Build Buddy Platform proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution to third party devices or third-party software applications.
(e) Subject to any clause of this Agreement, you are granted a limited non-exclusive license to download to your selected device, to update or restore the Platform.
(f) You may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt modify, or create derivate works of the Platform or any other services provided by Build Buddy.
(g) By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightsholder. The software may be used to reproduce materials so long as such use is limited to reproductions of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce.
(h) As a User and Account holder, you cannot lease, lend, sell, redistribute, or sublicense the Build Buddy Platform, including but not limited to any component of its software, original material, original media, printed materials or copies of the Build Buddy software or material obtained from or through the Platform stored on a phone, tablet, computer or other device.
11 LEGISLATION
You agree and acknowledge that you will be required to comply with all laws and Legislative Requirements in respect of any works undertaken by you or services provided, and you indemnify and hold harmless Build Buddy in respect of any Claims arising out of or in connection with your failure to comply with any Legislative Requirements.
9 TERMINATION
(a) Build Buddy reserves the right to terminate this Agreement or revoke a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice and for any reason.
(b) Users may terminate their Account, and any other subscription they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Build Buddy will effect such termination within a reasonable time after receiving written notice from the User.
(c) In the event that a User’s Account is terminated:
(i) the User’s access to all prior requests or listings for Products and Services on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and listings or requests); and
(iii) the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all listings previously posted by the respective User will also be removed from the Platform.
(d) Notwithstanding termination or expiry of your Account, this Agreement, or any other membership you hold in connection with the Platform, the provisions of this Agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply, including but not limited to any indemnities provided by you.
(e) Any amounts that are payable by you at the time of termination, immediately become due and payable and must be paid within 5 Business Days of termination.
(f) Should Build Buddy be required to make a Claim in respect of any unpaid amounts, you shall be liable to Build Buddy for the unpaid amounts plus any legal costs incurred in any recovery action, including obtaining legal advice in respect of such action, on an indemnity basis.
13 TAX
You are responsible for the collection and remission of all taxes associated with the Products and Services you provide or receive or any transactions through your use of the Platform, and you indemnify Build Buddy in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
14 RECORD / AUDIT
To the extent permitted by law, Build Buddy reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Build Buddy.
PART B - CUSTOMERS
1 SERVICE LISTINGS, SERVICE REQUESTS AND FEES
(a) You may engage Service Providers to provide Products and Services through the Platform. This is done by submitting a request for Products (Product Request) or Services (Services Request) – collectively, “Requests”.
(b) When you submit a Request, you must:
(i) only submit requests that are bone fide and accurate; and
(ii) comprehensively and accurately fill out all the information requested by the Platform in relation to the Request.
(c) On submitting a Request, you will receive listings through the Platform from different Service Providers for the relevant products (Product Listing) or services (Service Listing) requested – collectively, “Listings”. You can review different Listings and accept a Listing you wish to proceed with through the Platform.
(d) You acknowledge and agree that:
(i) Any Request you provide on the Platform is an invitation to treat;
(ii) Any Listing received on the Platform constitutes an offer capable of acceptance;
(iii) By accepting a Listing, you agree to be bound by the terms and conditions of that Listing;
(iv) the price for the relevant Services quoted in the Listing will be included in the Listing (Purchase Price);
(v) you will be required to pay the Purchase Price in accordance with the relevant invoice provided to you; and
(vi) any terms and conditions relating to Products and Services, or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve Build Buddy in any way, except unless otherwise provided for in this Agreement and that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this Agreement.
2 SUBSCRIPTION
(a) For Customers, the Platform is only available on a paid subscription basis (Subscription). During the Account registration process, you will need to select one of two subscription tiers (Subscription Tier) for your Account:
(i) Owner Builder (if you are, intend to be or are considering to be an owner builder using the Platform to assist with one project); or
(ii) Licenced Builder (if you are a licenced builder using the Platform to assist with multiple projects).
(b) The Services available to you will be differ based on the Subscription Tier you select, as set out on the Platform from time to time.
(c) You will be required to pay a subscription fee (Subscription Fee) to access the Services. The associated Services available for a Subscription Tier and the amount of the Subscription Fees for a Subscription Tier will be set out in the Platform.
(d) Depending on your selected Subscription Tier, you will have the option to subscribe on a month by month or annual basis (Subscription Period).
(e) Your subscription will automatically renew for your selected Subscription Period and continue to automatically renew for your selected Subscription Period at the end of each Subscription Period unless you cancel your subscription.
(f) The subscription fee may be waived at any time by Build Buddy.
3 PAYMENT
(a) (Payment obligations) You must pay for all Products and Services specified in an accepted Listing, and any Paid Features (as defined in clause 8 below) in accordance with any tax invoice issued by us.
(b) (Subscription Fees) You must pay the Subscription Fees in advance. Your Subscription Fees amount will be charged in accordance with your selected Subscription Tier and Subscription Periods automatically unless you cancel your subscription before the end of
(c) the Subscription Period. You authorise us to continue to debit the Subscription Fees from your selected payment method at the end of each Subscription Period.
(d) (Unable to charge) If we are unable to charge your selected payment method we may immediately cancel or suspend your Account.
(e) (Amend Subscription Fees) We may, at our discretion, amend the amount of the Subscription Fees at any time. You will not however be charged the amended amount of the Subscription Fees until your subscription is renewed.
(f) (Charge Back) We will not pay any charge back amount if you fail to cancel your subscription.
(g) (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). Any third-party fees or charges in respect of our Online Payment Partner must be paid directly by the Customer.
(h) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant Product and Services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(i) (Late Payment) If you do not pay the relevant fees owed to us:
(i) on or before the date it is due, we may immediately cease providing the Services and terminate your Account;
(ii) within 30 days after the date it is due, without limiting any of our other rights under these terms, interest will begin to accrue at a rate of 10% per annum, on each amount outstanding, accruing daily and compounding monthly, from the due date for payment to the date on which payment is received by us, which you must pay us;
(iii) within 60 days after the date it is due, we may seek to recover the amount due by referring the matter to a collection agency; and
(iv) you must reimburse us for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under this agreement.
(j) (Online Wallet) All payments must be made via Build Buddy’s online wallet payment system. The relevant amount must be available in your online wallet account prior to accepting any Listing otherwise it will not be possible to accept the Listing. Any other method of payment for a service will be considered a breach of this agreement and grounds for termination by Build Buddy.
4 CANCELLATIONS
(a) Subject to any cancellation policy stipulated by Build Buddy from time to time, Build Buddy will have no liability or obligation to you if a Service Provider cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from Build Buddy in relation to any such cancellation, including any portion of the Service Fee.
(b) If you wish to cancel Products and Services specified in an agreed Service Listing, before the Service Provider has performed them, you must contact the Service Provider. If Build Buddy decides to investigate your cancellation, you must provide assistance and information to Build Buddy as reasonably requested.
(c) If you cancel a service specified in an agreed Service Listing, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider and any applicable cancellation policy and refund policy stipulated by Build Buddy from time to time.
5 MINIMUM REQUIREMENTS
(a) You are required to engage a Construction Buddy for the works. Construction Buddy Services are separated into three (3) Tiers as follows:
(i) Tier 1: Construction Buddy will provide inspections and safety support through the attendance of seven (7) Site visits during the duration of the works to complete quality and compliance checks. No supervision or construction support services shall be provided; or
(ii) Tier 2: Construction Buddy will provide quality assurance and support services for the works and includes a scheduled weekly Site visit as determined by Construction Buddy; or
(iii) Tier 3: Construction Buddy will provide site supervisory services for the works with more involvement and Site visits as determined by Construction Buddy.
(b) You are required to obtain a bill of allowances from a Service Provider showing the quantities of materials required for the works before commencing the works; and
(c) You are required to comply with Build Buddy’s design and documentation standards as described here.
6 RATINGS AND REVIEWS
(a) Customers may rate a Listing (Rating) and/or may provide feedback to Service Providers regarding the Products and Services Customers received from them (Review).
(b) Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Listing is removed or terminated.
(c) Customers must only provide true, fair and accurate information in their Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews of Service Providers to whom you have a personal relationship with (separately from the Platform).
(g) You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
(i) you have purchased a product or obtained a service from that Service Provider via the Platform; or
(ii) you have placed an order with the Service Provider via the Platform; or
(iii) you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform,
(collectively referred to as a Service Experience).
(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 3 months when you submit a Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.
7 LINKED BUSINESS
You acknowledge and agree that:
(a) the Platform provides links and access to Service Providers owned and operated by third parties that are not employees, agents, representatives or otherwise under the control of Build Buddy;
(b) the provision by Build Buddy of access to Service Providers does not imply any endorsement or recommendation by Build Buddy of any Service Provider;
(c) while Build Buddy endeavours to verify that the Service Provider is qualified to provide the relevant Products and Services, it does not warrant the certification and/or licensing, qualifications, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
(d) any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and you agree to indemnify Build Buddy in respect of such contract.
8 PLATFORM FEATURES
(a) Through the Platform, you will have access to various features (Features) as set out on the Platform, such as our workflow management tool & expert advice offering.
(b) Certain Features are included in your Subscription and others are paid (Paid Features).
(c) Our expert advice feature (Expert Advice Feature) is included in your Subscription. You acknowledge and agree that the Expert Feature Advice is subject to a ‘fair usage’ policy, under which you must not use the service in a way that a reasonable person would consider to be unreasonable. We reserve the right to determine whether the fair usage policy has been breached and cancel your access to the Expert Advice Feature for the relevant Subscription Period, or otherwise terminate your Account.
(d) A Paid Feature available through the Platform is the preparation of floor plans for your property (Floor Plan Feature). If you purchase the Floor Plan Feature, you acknowledge and agree that:
(i) we retain ownership over the Intellectual Property Rights in the Floor Plan Feature and any material developed in association with the Floor Plan Material and nothing in this agreement transfers ownership of, or assigns any Intellectual Property rights in, the Floor Plan Feature;
(ii) we grant to you a non-exclusive, non-transferable, limited licence to use the Floor Plans in respect of a single project at the location nominated by you at the time of purchase.
You must not use the Floor Plan Feature in respect of any other location, for any other reason, or otherwise commercialise the Floor Plan Feature. Any such use will be considered a breach of this Agreement and in addition to its right to terminate the Agreement, Build Buddy reserves the right to make a Claim in respect of any loss or damage suffered as a result of that breach.
(e) For the purposes of this Agreement, “Intellectual Property Rights” means all copyright, trademark, design, 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 this agreement both in Australia and throughout the world.
9 BYPASSING
(a) You must not engage a Service Provider, or make a request to engage a Service Provider, outside the Platform. Any agreement for the provisions of for Products and Services from a Service Provider who has provided the Customer with a Listing through the Platform or who otherwise became aware of the Request through the Platform must be made through the Platform.
(b) For the avoidance of doubt, any Products and Services to be provided by a Service Provider, whether or not part of the initial Request by the Customer, are to be provided through the Platform.
(c) The Customer is entitled to engage a service provider who is not on the Platform for the purposes of the works if it elects to do so.
(d) Build Buddy, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 9.
(e) Any requests outside of the Platform to a Service Provider in an attempt to bypass or circumvent the Platform shall constitute a breach of this Agreement and in addition to its right to terminate the Agreement, Build Buddy reserves the right to make a Claim in respect of any loss or damage suffered as a result of that breach.
PART C - SERVICE PROVIDERS
1 ACCOUNT REGISTRATION & VERIFICATION
(a) As part of the Account registration process, we may require you to provide us with evidence of your identity and any required qualifications, checks, licences or certifications (Qualifications) to supply or provide your Products and Services to Customers through the Platform.
(b) You consent to us collecting & verifying your Qualifications for the purposes of us approving you as a Service Provider on the Platform. We will collect your personal information in accordance with our Privacy Policy as set out in clause 6 of Part A.
(c) You warrant that you will maintain such Qualifications while you hold a Build Buddy Account, and must immediately notify us of any matter that may affect your Qualifications, including if you no longer hold or are no longer eligible to hold any Qualification. You agree and acknowledge that you will be required to indemnify Build Buddy in respect of any breach of this warranty.
(d) Once you complete the Account registration process and we have conducted the verification process, we may, in our absolute discretion, choose to accept you as a Service Provider within the Platform and provide you with an Account. We reserve the right to reject any request for an Account on the Platform and are not required to provide reasons for such rejection.
2 PRODUCT LISTINGS
(a) If you hold a Supplier Account, you may list products for purchase by Customers on the Platform (Product Listing).
(b) You must submit the price list of the relevant products (Products) to us that are available for purchase by Customers through the Platform for our approval, which we may accept reject at our absolute discretion (Quoted Amount). If accepted, the Products will be listed on the Platform for purchase at the “Purchase Price”, being the Quoted Amount plus Build Buddy’s service fee added at our discretion (Service Fee).
(c) You must notify us if any Product information changes, such as if a Product is discontinued, the Product description has changed or the Quoted Amount on a Product has changed.
(d) When a Customer purchases a Product from you, they will be prompted to pay the Purchase Price. The Quoted Amount will then be transferred to your nominated bank account either by us or our Online Payment Partner in accordance with the Online Payment Partner’s terms and conditions. If the Purchase Price is transferred to you directly (either inadvertently or intentionally by a Customer), you agree that you will notify Build Buddy and we will direct you as to next steps (for example, direct you to transfer the Service Fee to us).
(e) Build Buddy reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
(f) Build Buddy may choose not to accept any Product Listing you submit to the Platform and Build Buddy may limit the number of Product Listings you can submit to the Platform.
3 SERVICE LISTINGS
(a) If you hold a Consultant Account or Contractor Account, you may respond to a Service Request that have been submitted to the Platform by Customers.
(b) You may submit a service listing (Service Listing) to the Customer for the relevant scope of work set out in a Service Request, including a quote to provide the services (Quoted Amount) and any applicable terms and statements of work. You must ensure that your Quoted Amount is reasonable, affordable in the marketplace, and in line with Build Buddy’s ethos of customer-friendly pricing. We reserve the right to monitor your Quoted Amounts through the Platform and terminate your Account if your Quoted Amounts do not comply with this requirement.
(c) The Platform will notify you if your Service Listing is accepted and the Customer has engaged you to perform the relevant services.
(d) We will charge you a percentage of the Quoted Amount (Service Fee). The Service Fee amount will be communicated to you from time to time. Build Buddy reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement with 10 Business Days written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
4 LISTINGS GENERALLY
(a) In respect of Listings, you acknowledge and agree that:
(i) you must use your best endeavours to provide as much information as possible in a Listing;
(ii) any information you supply in a Listing must be true, timely and accurate;
(iii) you must take all reasonable steps to provide the Products or complete the Services as described in Listing that is accepted by a Customer, including by not cancelling any part of such a Listing;
(iv) you must deal with any dispute with a Customer in accordance with clause 9 of Part A;
(v) any additional terms and conditions relating to a Listing provided via the Platform, are solely between you and the relevant Customer and do not involve Build Buddy in any way, except that they must not be inconsistent with your or the Customer’s obligations under this Agreement;
(vi) you agree to indemnify Build Buddy in respect of any matters arising out of or in connection to any agreement, contract or any terms and conditions agreed between you and any Customer on the Platform; and
(vii) Build Buddy will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Listing.
(b) You must ensure that all Products or Services specified in a Listing that is accepted by a Customer are provided:
(i) in accordance with all applicable Legislative Requirements and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner;
(iii) so that the services are fit for their intended purpose; and
(iv) on the date and at the times set out in the Listing.
(c) You acknowledge and agree that a Customer may review any Listing or Products or services you provide under a Listing on the Platform in accordance with clause 6 of Part B of this agreement.
(d) If a Customer requests to reschedule the delivery time for the services listed in a Listing, you may choose to accept or reject such a request.
5 FEES
(a) Viewing the Platform, providing Product Listings and submitting Service Listings are free.
(b) We charge a Service Fee for Products and Services supplied through the Platform as detailed above.
(c) All payments between Service Providers and Customers must be made through the Platform. You must not seek or accept any payment for any fees from Customers outside of the Platform. If the Purchase Price is transferred to you directly (either inadvertently or intentionally by a Customer), you agree that you will notify Build Buddy and we will direct you as to next steps (for example, direct you to transfer the Service Fee to us). Failure to comply with this clause shall constitute a breach of this Agreement and in addition to its right to terminate the Agreement, Build Buddy reserves the right to make a Claim in respect of any loss or damage suffered as a result of that breach.
(d) We may hold any fees owed to you and the Service Fee in your Online Payment Partner account, by the Online Payment Partner. In this instance, you:
(i) appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting your fee from the Customer;
(ii) agree that payments made by Customers to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
(iii) agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location.
(e) We may require you to provide us with your bank account details for the purposes of making payments to you. To the extent permitted by law, we are not responsible for any loss or damage suffered as a result of your provision of your bank account details and any security breach.
(f) If a Customer purchases any Products or engages you for Services outside of this Platform, including by upgrading the Products or Services provided by you off-Platform, you agree that you must report it to Build Buddy and pay any applicable difference in Service Fee payable. Failure to comply with this clause shall constitute a breach of this Agreement and in addition to its right to terminate the Agreement, Build Buddy reserves the right to make a Claim in respect of any loss or damage suffered as a result of that breach.
6 REFUNDS & CANCELLATIONS
(a) You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling any accepted Products and Services is in compliance with all applicable laws and any cancellation policy and refund policy stipulated by Build Buddy from time to time.
(b) If you cancel any part of an accepted Listing, we may take one or more of the following actions:
(i) cancel your Account; and
(ii) refund the Quoted Amount to the relevant Customer.
(c) The Service Fee is by default non-refundable for change of mind. However, Build Buddy may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
7 BYPASSING
(a) You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided Products and Services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform and shall continue to apply for a period of seven (7) years after expiry or termination of this Agreement.
(b) If you provide Products or Services to a Customer pursuant to a Listing, any further provision of Products or Services must occur through the Platform and you must not seek to be engaged by a Customer or accept a request to be engaged by the Customer off-Platform.
(c) Build Buddy may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.
(d) Failure to comply with the requirements of this clause shall constitute a breach of this Agreement and in addition to its right to terminate the Agreement, Build Buddy reserves the right to make a Claim in respect of any loss or damage suffered as a result of that breach.
8 BINDING CONTRACT
You agree that when a Customer accepts a Listing, this creates a legally binding agreement, where you will provide the Customer with the Products or Services specified in the relevant Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when a Customer accepts a Listing. Accordingly, you will be required to ensure that any Listing contains all the relevant terms and conditions applicable to the provision of the Goods and Services.
9 WARRANTIES
By listing yourself as a Service Provider on the Platform and providing a Listing, you represent and warrant that:
(a) you are ready, willing and able to supply the Products or complete the Services specified in the Listing;
(b) you will provide Products and/or Services to each Customer:
(i) using suitably qualified and trained personnel, employees, consultants, trades or agents;
(ii) exercising due care and skill;
(iii) in a professional, efficient, diligent and safe manner;
(iv) engaging the best industry standards; and
(v) in compliance with all Legislative Requirements; and
(c) any individuals involved in your performance of Services or supply of Products to any Customer have not been previously convicted of an indictable offence, and any companies or legal entities involved in your performance of Services have no current legal, criminal, civil or administrative proceedings against them.
PART D - ALL USERS - Use of the Platform
1 YOUR OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Build Buddy of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including by not using the Platform:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Build Buddy;
(d) not to act in any way that may harm the reputation of Build Buddy or associated or interested parties or do anything at all contrary to the interests of Build Buddy or the Platform;
(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Build Buddy;
(f) that Build Buddy may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform, by Build Buddy or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Build Buddy may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.
2 UPLOADED MATERIALS
2.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Uploaded Material), you represent and warrant that:
(a) you are authorised to provide the Uploaded Material (including by being authorised to provide any Services that you represent you provide);
(b) the Uploaded Material is accurate and true at the time it is provided;
(c) any Uploaded Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Uploaded Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Uploaded Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Uploaded Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Uploaded Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system;
(h) the Uploaded Material does not breach or infringe any applicable laws;
(i) the Uploaded Material does not breach any community guidelines and standards; and
(j) that the Platform will not be used by any persons under the legal age as Uploaded Material and communications on this Platform are unmonitored.
2.2 LICENCE
(a) You grant to Build Buddy a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Uploaded Material in order for Build Buddy to use, exploit or otherwise enjoy the benefit of such Uploaded Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Uploaded Material, you forever release Build Buddy from any and all claims that you could assert against Build Buddy by virtue of any such moral rights.
(c) You indemnify Build Buddy against all damages, losses, costs and expenses incurred by Build Buddy arising out of any third-party claim that your Uploaded Material infringes any third-party’s Intellectual Property Rights.
2.3 REMOVAL
(a) Build Buddy acts as a passive conduit for the online distribution of Uploaded Material and has no obligation to screen Uploaded Material in advance of it being posted. However, Build Buddy may, in its absolute discretion, review and remove any Uploaded Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any notice, explanation or justification for removing the Uploaded Material.
(b) You agree that you are responsible for keeping and maintaining records of Uploaded Material.
2.4 Digital Certificates
(a) The Platform contains functionality that allows it to accept digital certificates issued from Build Buddy or from third-parties. You are solely responsible for reviewing and assessing the suitability and compliance with any Legislative Requirements of any certificate whether issued by Build Buddy or a third-party.
3 SECURITY
Build Buddy does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
4 SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis and you agree to use the Platform at your own risk. Without limitation, you acknowledge and agree that Build Buddy cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
5 INTELLECTUAL PROPERTY
(a) Unless otherwise set out in this agreement, Build Buddy retains 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, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Build Buddy or as permitted by law.
6 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third-Party Content). Build Buddy accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third-Party Content.
Any access to third party sites or Third-Party Content is to be done at your own risk.
7 THIRD PARTY TERMS
(a) Any service that requires Build Buddy to acquire Products and Services supplied by a third party on behalf of the Customer (including a third-party payment service) may be subject to the terms and conditions of that third party (Third-Party Terms), including ‘no refund’ policies.
(b) Users agree to familiarise themselves with any Third-Party Terms applicable to any such Products and Services and, by instructing Build Buddy to acquire the Products and Services on the User’s behalf, the User will be taken to have agreed to such Third-Party Terms.
8 NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) this agreement is between you and Build Buddy and not with Apple. Apple is not responsible for the Services or any content available on the Services;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
(c) in the event of any failure of Build Buddy to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Build Buddy’s responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third-party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third-party terms of this agreement when using the Services; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary.
9 NOTICES
(a) A notice or other communication to a party under this Agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(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:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring Business Day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
10 GENERAL
10.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in the corresponding Australian State or Territory where the Agreement was entered into. Each party irrevocably submits to the exclusive jurisdiction of the tribunals and courts of the relevant Australian State or Territory in respect of any proceedings arising out of or in connection with this Agreement.
10.2 WAIVER
No party to this agreement 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.
10.3 SEVERANCE
Any term of this agreement 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 this agreement is not limited or otherwise affected.
10.4 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.
10.5 ASSIGNMENT
A Customer or Service Provider cannot assign, novate or otherwise transfer any of its rights or obligations under this /agreement without the prior written consent of the other party.
10.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
10.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
No amendments to or modification of this agreement will be binding unless in writing and signed by Build Buddy.
10.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) Grammatical forms of defined words or phrases have corresponding meanings;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (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;
(e) (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;
(f) (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;
(g) (this agreement) 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 this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation;
(k) (legislation) any reference to laws or legislation is a reference to the laws applicable in Australia in the jurisdiction in which the Site is located.
(l) (currency) reference to an amount of money or currency is a reference to the amount in Australian Dollars;
(m) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day; and
(n) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Last Updated: v.3.25 1 March 2025
