Terms & Conditions

Terms

About the Website

Welcome to www.buildingbrokerswa.com (the “Website”). The Website provides Building Broker services (the “Services”).

The Website is operated by Building Brokers WA Pty Ltd (ABN 63 647 089 263). Access to and use of the Website, or any of its associated Products or Services, is provided by Building Brokers WA Pty Ltd.

Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

Building Brokers WA Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Building Brokers WA Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes take immediate effect from the date of publication. Before continuing, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree where this option is made available to you in the user interface.

Registration to use the Services

In order to access the Services, you must first register for an account through the Website (the “Account”).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including:

Email address
Preferred username
Telephone number

You warrant that any information you provide will always be accurate, correct and up to date.
Once registration is complete, you will be a registered member (“Member”) and agree to be bound by the Terms.

You may not use the Services or accept the Terms if:

you are not of legal age to form a binding contract; or
you are barred from receiving the Services under the laws of Australia or other countries.

Your obligations as a Member

As a Member, you agree:

to use the Services only for purposes permitted by the Terms and applicable law;
to protect the confidentiality of your password and/or email address;
that use of your login by another person may result in cancellation of Services;
to notify Building Brokers WA Pty Ltd of any unauthorised use or breach of security;
that access to the Website is limited, non-transferable and for your personal use;
not to use the Services for unauthorised commercial purposes;
not to use the Website for illegal or unauthorised activities including collecting emails or unsolicited messaging;
that advertisements or solicitation may be removed without notice;
that automated use of the Website is prohibited.

Payment

Where provided, you may pay the Services Fee by:

Electronic funds transfer (EFT)
Credit card

All payments are made using third-party payment providers. By making payment, you agree to their terms and conditions.

If a payment is declined or returned, you are liable for associated costs and fees.
Building Brokers WA Pty Ltd may vary the Services Fee at any time.

Refund Policy

Refunds will only be provided where Building Brokers WA Pty Ltd is unable to continue providing the Services or where the manager decides, at its absolute discretion, that a refund is reasonable under the circumstances.

Copyright and Intellectual Property

The Website, Services and related products are subject to copyright under Australian law and international treaties. All rights in the Services and Website content are owned or controlled by Building Brokers WA Pty Ltd or its contributors.

You are granted a non-exclusive, royalty-free, revocable licence while a Member to:

use the Website pursuant to the Terms;
copy and store Website material in cache memory;
print pages for personal, non-commercial use.

All other rights are reserved.

Nothing on the Website transfers any business name, trademark, copyright, patent, design or other intellectual property to you.

You may not broadcast, republish, upload, transmit, distribute, adapt or change the Services without prior written permission, except where material is in the public domain.

Privacy

Building Brokers WA Pty Ltd takes your privacy seriously. Any information provided through your use of the Website or Services is subject to the Privacy Policy available on the Website.

General Disclaimer

Nothing in the Terms excludes guarantees or rights under the Australian Consumer Law that cannot be excluded.

To the extent permitted by law:

all implied terms are excluded;
Building Brokers WA Pty Ltd is not liable for indirect or consequential loss including loss of profit, opportunity or goodwill.

Use of the Website is at your own risk and is provided “as is” without warranties. Building Brokers WA Pty Ltd makes no representation regarding:

performance errors or interruptions;
accuracy or suitability of information;
costs incurred through use;
links provided for convenience.

Limitation of liability

Total liability will not exceed resupply of the Services.
Building Brokers WA Pty Ltd is not liable for direct, indirect, incidental or consequential damages including loss of profit or business reputation.

Termination of Contract

The Terms continue until terminated by you or Building Brokers WA Pty Ltd.

You may terminate by:

not renewing a subscription;
providing 10 days written notice;
closing your accounts.

Building Brokers WA Pty Ltd may terminate if:

you fail to renew;
you breach the Terms;
required by law;
Services become commercially unviable.

Membership may be suspended or cancelled without notice if you breach the Terms or applicable law.

Indemnity

You agree to indemnify Building Brokers WA Pty Ltd and its affiliates from all claims, costs and damages arising from:

your content;
your use of the Website;
breach of the Terms.

Dispute Resolution

Notice: Written notice must describe the dispute and desired outcome.

If a dispute arises, parties must attempt resolution before court proceedings.

Resolution:

Parties must attempt negotiation within 14 days.
If unresolved after 30 days, a mediator must be appointed.
Costs are shared.
Mediation will be held in Perth, Australia.

All negotiations are confidential. If mediation fails after 30 days, either party may terminate mediation.

Venue and Jurisdiction

Disputes will be resolved in the courts of Western Australia, Australia.

Governing Law

The Terms are governed by the laws of Western Australia, Australia.

Independent Legal Advice

Both parties confirm the Terms are fair and reasonable and that they had the opportunity to obtain independent legal advice.

Severance

If any part of the Terms is found void or unenforceable, that part will be severed and the remainder will remain in force.

Approved by

Full Name: Stephan Jaeger
Date: 1st February 2021

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