Conditions of Use
PLEASE READ THIS AGREEMENT AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
1.1 This User Agreement (the Agreement) govern your use of our website located at www.builderbids.com.au (the Site) and form a binding contractual agreement between you, the user of the Site and us, BuilderBids Pty Ltd, ACN: 160 507 308 (Builder Bids). For that reason, this Agreement position is important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
1.2 By completing the registration process, you acknowledge that you have had sufficient chance to read and understand this Agreement, and that you agree to be bound by this Agreement.
1.3 By using the Site, you expressly warrant that you are of legal age and you are legally capable of entering into binding contracts under Australia law. If you are accessing the Site on behalf of another person, you expressly warrant that you are authorized to accept this Agreement on that person’s behalf.
1.4 If you do not agree to this Agreement, you may not access or otherwise use the Site and the Services offered on the Site.
In this Agreement:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Builder Bids to you.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Moral Rights has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
Personal Information means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and
(b) information developed independently by a party.
Services means the e-business portal services provided by BuilderBids through the Site. This includes Services currently offered by BuilderBids and any Services or products that BuilderBids may choose to offer in the future.
Site means the website accessible at www.builderbids.com.au.
Terms means this Agreement and conditions of use and the documents referred to on it.
User Generated Content means any and all data, text, software, images, audio or video material and other content in any medium produced and provided on the Site by a User.
User means a person who gains access to the Site and Services by completing the membership registration process and/or paying the relevant membership fee, if applicable. This definition also includes casual browsers of the Site and Services, regardless of membership status.
You means you, the User.
Us, We, Our means BuilderBids.
3. ACCESSING THE SITE
3.1 The User acknowledges and agrees that although BuilderBids will use all reasonable efforts to ensure that the Site and Services are available, temporary interruptions of the Services available through the Site may occur. We will not be liable for any reason our Site is unavailable at any time or for any period. We may also restrict access to some parts of or the entire Site, from time to time.
3.2 All Content and Services provided on or through this Site are provided on an “AS IS” and “AS AVAILABLE” basis for the User. The Content and Services are provided without warranties of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The User’s use of the Site and Services are solely at the User’s risk.
3.3 We reserve the right to withdraw or amend the Services and Content, including User Generated Content we provide on the Site without notice.
4. USER ACCOUNT, PASSWORD, AND SECURITY
4.1 When you register for membership to the Site for the Services, you are provided with a User account and password. You must treat such information as confidential and you must not disclose it to any third party. If you have reason to believe that your user name or password has been obtained by someone else without your consent, you must inform us immediately to disable your account.
4.2 We will not be liable for any losses associated with your accounting being hacked and your User Generated Content being made publicly available.
4.3 We have the right to disable any User or User Admin account or password, at any time, if we consider that you have failed to comply with any of the provisions of this Agreement.
4.4 By subscribing to the Site and Services, the User agrees that all information provided during the registration process is true and accurate and the User will update this information in order to keep it current, complete, and accurate.
5. SCOPE OF THE SERVICES
5.1 You acknowledge and agree that BuilderBids is not an auctioneer and does not become a party to any contracts or transactions entered into by a User with other Users. The Site and Services are provided as an e-business portal and platform allowing Users to communicate, provide User Generated Content to offer, sell, and buy construction material and Services.
5.2 Users have the sole control and risk over the quality, safety or legality of items or User Generated Content posted by Users on the Site using the Services, the truth or accuracy of any of the User Generated Content, the ability of the Users to buy or sell items. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A USER WILL COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING THE SITE AND SERVICES.
5.3 If Users enter into a transaction, the Users understand that they are creating a legally binding contract with each other, subject to applicable law and our Policies. Users are responsible for complying with any obligations to other Users. Any breach of such a contract will give rise to a liability from the other User. In the event that another User breaches an obligation to you, you are responsible for enforcing any rights you may have.
5.4 Users acknowledge and agree that they are aware of any laws applicable in the relevant jurisdiction to them as buyers or sellers.
5.5 Users acknowledge that BuilderBids does not offer or provide any form of insurance or other buyer or seller protection because the Site and Services only provides the platform on which such communications and transactions occur.
6. TRADING SAFETY
6.1 BuilderBids cannot confirm all Users purported identity. As such, Users acknowledge and agree that they must undertake their own research and due-diligence prior to entering into a transaction with another User. BuilderBids encourages the use of the Site’s Feedback Mechanism in order to evaluate the credibility of the User in question. We also encourage the use of a third party escrow service or services that require additional user verification.
6.2 All BuilderBids Policies, as amended from time to time, form part of this Agreement. By reading this Agreement, the User agrees to all the BuilderBids Policies. Users must familiarise themselves and continue to be updated on any changes to the BuilderBids Policies, as a condition of remaining a user of the Site.
7. OUR INTELLECTUAL PROPERTY RIGHTS
7.1 Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights, including Trade Marks, in the Site, excluding any User Generated Content posted or added by you.
7.2 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
7.3 You must not use any part of the Content on the Site for commercial purposes without first obtaining a licence to do so from us.
7.4 The BuilderBids Feedback Mechanism belongs to BuilderBids. The Feedback consists of comments and User Generated Content left by other Users and a composite feedback number compiled by BuilderBids. Users are granted a non-exclusive licence to use it on the Site and as part of the Services. Users must not use it or deal with it in any way that is inconsistent with this Agreement or any of the BuilderBids Policies. You may not do or omit to do anything that may undermine the integrity of the BuilderBids Feedback Mechanism. You may not use your BuilderBids Feedback in any real or virtual venue other than a Site operated by BuilderBids or its related companies.
7.5 If you breach this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies you have made.
7.6 Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
8. USER GENERATED CONTENT
8.1 You must not add any Content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that is unsolicited, undisclosed or unauthorized advertising;
(v) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) that would bring us, or the Site, into disrepute; or
(vii) that infringes the Intellectual Property or other rights of any person.
8.2 You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 6.1 and make such records available upon our reasonable request.
8.3 You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives or has access to the User Generated Content from copying and distributing it.
8.4 You retain ownership of your Copyrights and other Intellectual Property and proprietary rights in any User Generated Content you post to the Site. This Agreement do not prevent you from granting non-exclusive rights to use your User Generated Content to others.
8.5 We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. We reserve the right to modify or remove any User Generated Content at any time.
8.6 Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by User Admins or third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Builder Bids.
9. LIMITATION OF LIABILITY AND INDEMNITY
9.1 You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site.
9.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
9.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
9.4 We do not endorse the contents of any User Generated Content and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Generated Content. In no event shall we be liable for any claims by a User or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any User Generated Content. It is the User’s sole responsibility to ensure the accuracy of the data inputted into User Generated Content.
9.5 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us or $100.00.
9.6 To the extent that BuilderBids or any of its affiliates are able to limited the remedies available under this Agreement, BuilderBids and any of its affiliates expressly limit their liability for a breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies, the choice of which is to be at BuilderBids’ discretion:
(a) for goods:
(i) replacement of goods or supply or supply of equivalent goods;
(ii) repair of goods;
(iii) payment of the costs of replacing goods or of acquiring equivalent goods;
(iv) payment of cost of having goods repaired, and
(b) for services:
(i) resupply of services;
(ii) payment of cost of resupply of services.
9.7 As a condition of your access to and use of the Site, you agree to indemnify Builder Bids and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) Your access to and use of the Site and Content; and
(b) Your violation of this Agreement and any applicable law or the rights of another person or party.
10. PROHIBITED USE
10.1 You acknowledge and agree that you are responsible for your own conduct and User Generated Content while using the Site and for any consequences thereof. You agree to only use the Site only for purposes that are legal, proper, and in accordance with this Term and the documents referred to in it. Prohibited conduct and use includes, but is not limited to:
(a) defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
(c) impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
(d) restrict or inhibit any other user from using and enjoying the Services;
(e) use the Services for any illegal or unauthorized purpose;
(f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(g) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information or data contained within site about users for any unauthorized purpose;
(h) create user accounts by automated means or under false or fraudulent pretences;
(i) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
(j) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
11.1 Unless expressly stated, the Services and Content on the Site are provided “as is” and are for Users only, and all express or implied conditions, representations and warranties, including any implied warranty of fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.
11.2 We make no representations, warranties, guaranties as to the quality, suitability, truth, accuracy, or completeness of any of the Content and User Generated Content available on the Site.
11.3 We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorised BuilderBids employees acting in their official capacities.
11.4 We are in no way associated, linked or affiliated with the entities which own the third party trade marks and the products used in the creation of the Services and Content for the Site. Where a trade mark or brand name is used, it is solely used to describe or identify products.
11.5 The Site may be linked to other websites which are not under the control of and are not maintained by BuilderBids. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites.
11.7 User Generated Content produced and provided on the Site by a User have not been individually authenticated and endorsed in whole or in part by BuilderBids. We are committed to respecting others’ Intellectual Property Rights, and we ask that Users to do the same. We may, in our sole discretion, remove User Generated Content that may infringe or otherwise violate others’ Intellectual Property Rights.
12. CUSTOMER SUPPORT
12.1 We will provide the following customer support services to you:
(a) Online instructional videos for operating the Services;
(b) Online Frequently Asked Questions section on the Site; and
(c) Email customer support service link for troubleshooting and general inquiries.
12.2 You acknowledge and agree that we have no further obligation to provide you with any other customer support of any kind. However, we may, at our sole discretion, change or amend our customer support services from time to time.
13. TERMINATION OR CANCELLATION
13.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate this Agreement, your access to the Site, and/or your registration, or suspend or block your access to the Site.
13.2 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
14. WRITTEN COMMUNICATION
14.1 By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
14.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
14.3 Any communications or notices regarding User transactions and accounts on the Site do not represent any endorsement, guarantee or legitimisation of the transactions. The User is responsible for completing all transactions entered into, including but not exclusive to monitoring their status and complying with all relevant obligations.
14.4 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
15. NO WAIVER
15.1 If we fail, at any time, to insist upon strict performance of your obligations under this Agreement, or if we fail to exercise any of the rights and remedies we are entitled to under this Agreement, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
15.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
15.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 10.
16. FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
If any court decides that any of the provisions of this Agreement are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of this Agreement will continue to be valid.
18. DISPUTE RESOLUTION
18.1 Any dispute or claim arising out of, or in connection with, this Agreement between BuilderBids and a User may be settled by an independent, confidential mediation by reference to a commercial disputes centre, at either party’s election. You and BuilderBids agree to be bound by the outcome of such mediation.
18.2 Each party will bear its own costs or split equally in the case of any joint costs of mediating the dispute.
19. CHANGES TO TERMS AND CONDITIONS
19.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site. We may restrict access to parts or the entire Site at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
19.2 Any material on the Site may be out of date at any given time and we are under no obligation to update such material.
19.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of this Agreement, in whole or in part, at any time. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise.
19.4 If we have made any amendments that materially alter the Terms, we will prompt you to read and accept the amended Terms again. The amendments to the Terms will take effect immediately upon acceptance.
20. NO AGENCY
The Parties agree that no agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular, Users have no authority to bind BuilderBids and its related companies in any way whatsoever.
21. ENTIRE AGREEMENT
21.1 This Agreement and the documents expressly referred to in them constitute the entire Agreement between you and Builder Bids, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
21.2 We each acknowledge that, in entering into this Agreement, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in this Agreement.
22. LAW AND JURISDICTION
This Agreement are governed by the laws of the State of Victoria, Australia and each party submits to the jurisdiction of the courts of the State of Victoria.
Banner Advertising Terms
1.1 These Banner Advertising Terms apply to all banner advertising services provided to any person (the BB Advertiser) by BuilderBids Pty Ltd, ACN: 160 507 308 (Builder Bids).
1.2 Builder Bids may provide BB Advertisers with the option to advertise their goods or services through the Site and Services, subject to these Banner Advertising Terms and the BuilderBids User Agreement. As such, these Banner Advertising Terms form part of the BuilderBids User Agreement governing Users’ use of the Site and Services.
1.3 Capitalised words and terms used but not defined in these Banner Advertising Terms shall have the meanings given to them in the User Agreement.
1.4 By advertising with BuilderBids, the BB Advertiser acknowledges that they have had sufficient time to understand these Banner Advertising Terms, and that the BB Advertiser agrees to be bound by them.
1.5 If the BB Advertiser does not agree to these Banner Advertising Terms, they may not advertise with BuilderBids.
2. PAYMENT OF BANNER ADVERTISING
3. DISPLAY, WITHDRAWAL OR VARIATION OF BANNER ADVERTISING
3.1 Builder Bids will use all reasonable efforts to display the BB Advertiser’s banner in the format, advertising space, and frequency as agreed with the BB Advertiser.
3.2 The BB Advertiser hereby grants BuilderBids a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, use, reproduce, modify, adapt, translate, create derivative works from, or distribute the banner in any form or medium. The BB Advertiser warrants that it is authorised to grant BuilderBids this licence.
3.3 The BB Advertiser warrants that the banners do not breach or infringe:
(a) the Competition and Consumer Act 2010;
(b) any third party copyright, trade mark, or other Intellectual Property rights;
(c) obligations of confidentiality;
(d) the Defamation Act 2005;
(e) any of Australia’s anti-discrimination laws;
(g) the Corporations Act 2001; or
(h) any other applicable laws, regulations and ordinances.
3.4 The BB Advertiser acknowledges and agrees that it has obtained all necessary rights, licences and consents to the authorised display of the banners.
3.5 BuilderBids reserves the right to withdraw any banner advertising if in its sole discretion, the display of such banner advertising is a contravention of these Banner Advertising Terms or the BuilderBids User Agreement.
3.6 BuilderBids will use all reasonable efforts to publish the banner in the format, advertising space and frequency as agreed with the BB Advertiser. However, BuilderBids reserves the right to vary advertising placement or to amend the format of the banner in order to ensure the full functionality of the Site and Services.
3.7 The BB Advertiser acknowledges and agrees that BuilderBids will not be liable for any loss or damage from any downtime the Site and Services may experience.
3.8 The BB Advertiser acknowledges and agrees that is responsible for any aspect of the click-through URL and any other third party websites linked to through the banner. BuilderBids will not be liable for any errors submitted by the BB Advertiser.
4. LIMITATION OF LIABILITY AND INDEMNITY
4.1 The BB Advertiser agrees that Builder Bids shall not be liable for any damages suffered as a result of the banners, including its display.
4.2 In no event shall BuilderBids be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
4.3 BuilderBids does not endorse any of the BB Advertisers or the banners, and expressly disclaim any and all liability in connection with them. In no event shall BuilderBids be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any advertising materials. It is the BB Advertiser’s sole responsibility to ensure the accuracy of the data inputted and any other BB Advertiser created or supplied banners and materials.
4.4 Without limiting the foregoing, in no event will BuilderBids’s aggregate liability to the BB Advertiser exceed, in total, the amounts paid by the BB Advertiser to Builder Bids.
4.5 As a condition of BuilderBids providing the advertising services, the Advertiser agrees to indemnify Builder Bids and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) the banner; or
(b) the BB Advertiser’s breach of these Banner Advertising Terms and any applicable law or the rights of another person or party.
4.6 This indemnification section survives the expiration of the banner advertising term, and applies to claims arising both before and after the banner advertising term.
5. ENTIRE AGREEMENT
5.1 These Banner Advertising Terms and the documents expressly referred to in them constitute the entire agreement between the BB Advertiser and BuilderBids and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between the parties relating to the subject of this agreement.
5.2 The parties acknowledge that, in entering into these Banner Advertising Terms, neither relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Banner Advertising Terms.
Reverse Banner Terms
1.1 These Reverse Banner Terms is made between BuilderBids Pty Ltd, ACN: 160 507 308 (Builder Bids) and you, as an advertiser of Builder Bids.
1.2 By agreeing to display the Builder Bids banner, including displaying a click-through URL to the Builder Bids Site and Services, you agree these Reverse Banner Terms. You must not display the BuilderBids banner or display a click-through URL to the Builder Bids Site and Services if you do not agree to be bound by these Reverse Banner Terms.
1.3 Violation of any of these Reverse Banner Terms will result in the termination of BuilderBids’ advertising on your website and, if applicable, the withdrawal of any of your banner advertising on the Builder Bids Site and Services.
2. PROMOTIONAL MATERIAL
2.1 As an authorised advertiser of BuilderBids, you can refer new users to the BuilderBids Site and Services by providing a BuilderBids banner and a click-through hyperlink on your website. BuilderBids may provide you with the required banners and resources to be used on your website.
2.2 You must comply with any reasonable directions BuilderBids may give you with regards to the placement and designation of the banners and resources on your website.
3. RELATIONSHIP OF PARTIES
3.1 You acknowledge and agree that you and BuilderBids are independent contractors, and nothing in these Reverse Banner Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between parties. You will have no authority to make or accept any offers or representations on BuilderBids’ behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in these Reverse Banner Terms.
3.2 You must not create any partnership or agency sales relationship with any other person on BuilderBids’ behalf. You do not have authority from BuilderBids and you are prohibited from making or accepting any offers or representations on Builder Bids’ behalf.
4. NO RECOMMENDATION OR OPINIONS
4.1 You may not in any manner misrepresent or embellish the relationship between you and BuilderBids, say you develop BuilderBids products or Services, say you are part of BuilderBids, or express or imply any relationship or affiliation between you and BuilderBids or any other person or entity except as expressly permitted by these Reverse Banner Terms. This includes a prohibition of any express or implied statement that BuilderBids support, sponsor, endorse or contribute money to any charity or other cause.
4.2 You must not provide any recommendation or opinions about or any implied or express endorsement of BuilderBids Site and Services. You may provide factual information about the BuilderBids Site and Services that provides and a hyperlink to the BuilderBids Site and Services.
5. BANNERS AND RESOURCES
5.1 BuilderBids may make available banners and resources for use as advertising on your website. You may use such banners and resources only for the purpose of providing a click-through hyperlink on your website that links to the BuilderBids Site and Services.
5.2 BuilderBids owns all Intellectual Property in any such banners and resources, the BuilderBids Website and Services, and the BuilderBids trade marks. BuilderBids grants you a non-exclusive and non-transferable revocable licence to use any provided banners and resources for the duration of these Reverse Banner Terms. You must not use Builder bids Intellectual Property or any names or marks that are deceptively similar to or that resemble our Intellectual Property.
5.3 You must not bid on the BuilderBids name, trademarks or web keywords that compete with keywords used by BuilderBids in any search engine marketing campaigns.
a. If BuilderBids determines, at its sole discretion, that you have purchased or attempted to compete with keywords used by BuilderBids, then BuilderBids may (without limiting any other remedies available to it) pursue any or all of the following actions:
(a) withhold all compensation otherwise payable to you beginning with the date on which you began the prohibited conduct; and/or
(b) terminate these Reverse Banner Terms permanently.
6. WEBSITE MAINTENANCE
You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website. For example, you will be solely responsible for:
(a) the technical operation of your website and all related equipment;
(b) ensuring the display of BuilderBids banners and resources on your website does not violate any agreement between you and any third party;
(c) the accuracy, truth and appropriateness of materials posted on your website;
(d) ensuring that materials posted on your website are not libellous or otherwise illegal; and
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 You indemnify us for any liability, loss, damage or expenses arising from a breach of these Reverse Banner Terms or any negligent or wilful act or omission. In no event shall we be liable for, and you release us from, any indirect, special or consequential damages (or any loss of revenue, profits or data) arising under or in connection with these Reverse Banner Terms, even if we have been advised of the possibility of such damage.
7.2 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with the running of your website, in pursuance to the objects of these Reverse Banner Terms and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from these Reverse Banner Terms.
a. Without limiting the foregoing, in no event will our aggregate liability to you exceed any amounts you paid to BuilderBids.
8. TERM AND TERMINATION
8.1 BuilderBids may terminate these Reverse Banner Terms immediately if your website contains content or materials that in our absolute discretion causes or is likely to cause damage to Builder Bids’ reputation, our partners, clients or our customers. BuilderBids may immediately terminate these Reverse Banner Terms if your website includes content that is false or misleading, obscene, promotes violence discrimination or illegal activities or infringes the intellectual property rights of any third party.
8.2 On termination of these Reverse Banner Terms, you are no longer authorised to under these Reverse Banner Terms and you must immediately remove all BuilderBids banners and resources from your website.
9. ENTIRE AGREEMENT
9.1 These Reverse Banner Terms and the documents expressly referred to in them constitute the entire agreement between you and BuilderBids and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between the parties relating to the subject of this agreement.
9.2 The parties acknowledge that, in entering into these Reverse Banner Terms, neither relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Reverse Banner Terms.
How to contact us about privacy
Your privacy is very important to us. For that reason, please carefully and get in contact with us if you have any questions regarding our information practices and other privacy aspects of the Site. You can contact us on: firstname.lastname@example.org.
Collection and Purpose
In addition, we also collect cookies from your computer, which enables us to tell when you use the Site and also to help customise your website experience.
The purpose for which we collect personal information is to provide you with the best service experience possible on the Site. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Site.
If you visit an unsecure area of the BuilderBids website (that is, an area where you are not required to log on) to read, browse or download information, the BuilderBids system may record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our systems will not record any personally identifiable information.
The BuilderBids website also contains links to the websites of third party providers of goods and services (“Third Party websites”). BuilderBids may also collect or have access to information as part of our arrangements with those third parties, only if you have accessed Third Party websites through the BuilderBids website and if those third parties collect information about you,
Where you access a Third Party website from the BuilderBids website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party. You cannot usually be identified from the information that is shared; if you can be identified from this information we will seek your permission prior to sharing such information.
Third Party websites should contain their own privacy statements and those third parties are responsible for their own privacy practices.
Collection of IP Addresses
It is necessary for BuilderBids to collect your IP address for your interaction with various parts of the BuilderBids website. Your IP address is the identifier for your computer when you are using the internet.
We customarily disclose personal information only to our service providers who assist us in operating the Site. We will only disclose personal information to an unrelated third party with your consent.
At the sole discretion of BuilderBids, details about you may be shared with 3rd parties based on your indicated interest in Projects and suppliers added to your dashboard. Your details that may be shared include Company Name, Company Address, Company Phone and Fax Numbers, your First and Last name, your Position Description and your Email Address. If you are requesting quotes, your information will only be shared with a party who has submitted a successful quote, awarded by you or where you have purchased goods or services through group buying.
Apart from such circumstances, we may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities.
We may also disclose personal information as required by law.
In the event that we sell or buy businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control and other similar transactions, customer information is generally one of the transferable business assets. Thus, your personal information may be subject to such a transfer. In the unlikely event of insolvency, personal information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser.
If you voluntarily provide information in publicly accessible areas of the Site, the information can be viewed and therefore used by others. We advise User Admins and users not to disclose contact information that they do not wish to have publicly available. We are not responsible for personal information you choose to submit publicly.
Access and Correction
National Privacy Principle 6 of the Australian Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. You are able to change your user settings and access your personal information by logging in.
Retention of Information
We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
You must do what you reasonably can to ensure the security of your personal information. It is your obligation that you protect yourself against unauthorised access to your password and to your computer. Please log out of the Site when you have finished using a shared computer. Be wary of including sensitive information in your emails to us as they are not necessarily secure against interception. We will not ask for passwords in an email and you should assume that if you get such a request, it must be fraudulent.
We have processes in place to ensure the security of your personal information. We have physical, electronic, and managerial procedures to help safeguard and prevent unauthorised access, maintain data security, and correctly use your information.
However, neither people nor security systems are infallible, including encryption systems. While we use reasonable efforts to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Upon any transactions on the BuilderBids website, we take reasonable steps to maintain the security of the information on our systems.
Any email we send to you in relation to a customer service inquiry may be monitored for quality assurance.
If we believe that we have a legal requirement to do so, BuilderBids may retain the content of any email that you send us. Your email message content may be monitored by our BuilderBids employees for security issues including where e-mail abuse is suspected.
BuilderBids is committed to observing and complying with its obligations at all times in Australia under the Spam Act 2003 (Cth).
BuilderBids does not endorse or use spam in any shape or form. However, BuilderBids does send out commercial electronic messages such as newsletter to you to as a way to update you on our current and future plans, relevant industry information.
Commercial electronic messages sent by BuilderBids should meet the following conditions as required by the Spam Act 2003 (Cth). Any message sent to you which does not meet these three (3) conditions is categorised as spam:
1. Consent. It must be sent with your consent. You may give your consent expressly or consent may be inferred from your conduct and existing transactional relationship.
2. Identity. It must contain accurate information about the person or organisation that authorised the sending of the message.
3. Unsubscribe. It must contain a functional “unsubscribe” facility to allow you to opt out from receiving messages from us in the future.
For the purpose of this Spam Policy, the term “subject country” means the country from which you are accessing the BuilderBids website.
BuilderBids assures you that:
(a) You are at liberty to unsubscribe from any mailing list to which you have previously subscribed;
(b) If for any reason there appears to be no facility to be removed from the mailing list, please send us an email advising us of your wish to unsubscribe or call us by telephone and request to speak with our Spam Policy Administrator. Please refer to our “Contact Us” page of this website for our contact details; and
(c) BuilderBids will not use address-harvesting software for any reason whatsoever.
To assist BuilderBids to combat spam, we request your assistance with the following:
(a) If you receive an offensive or unauthorised commercial message, which appears to originate from a BuilderBids email address, please assume that it has been sent in error and notify us immediately on the above contact details;
(b) Please ensure that you unsubscribe from any of the BuilderBids mailing lists if you decide that you no longer wish to receive electronic commercial messages from BuilderBids or its contracted third parties; and
(c) If you do subscribe to our mailing list, please insure that we have your current details at all times, by either updating us on any change in or cancellation of your email address.
Buyer and Seller Policy
Users, in their capacity as either a Buyer or Seller, are solely responsible for their User Generated Information, including but not exclusive to any item listed, descriptions of any items listed, and information regarding other Users, quote requests, or listing process. You acknowledge and agree that BuilderBids is a passive conduit, providing the platform on which your User Generated Content is distributed.
Your User Generated Information must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation, including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and the Competition and Consumer Act 2010 (Cth);
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain any material that, in BuilderBids’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such content;
(g) contain any content that is prohibited in BuilderBids’ sole and absolute discretion;
(h) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Builder Bids website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
(j) link directly or indirectly to or include descriptions of goods or services that:
(i) are prohibited under this Agreement;
(ii) are concurrently listed for sale on a web site other than BuilderBids’s (this does not prevent linking to or advertising an Builder Bids item from another web site); or
(iii) you do not have a right to link to or include.
Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service), if the payment to us of the listing fee or the final value fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited Items List current at the relevant time.
Sellers must be legally able to sell any item they list for sale on our Site. Sellers must describe the item fully and accurately and include all terms of sale on the listing page of our Site. Listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category. If any claim to product or manufacturer certification is made by a seller, the seller must provide documentation to support that claim.
Buyers are not obligated to purchase any items that they receive a quote for.
Buyers must not:
(a) commit to purchasing an item, either through a bid or through a listing, without payment of the purchase price;
(b) bid on an item without any serious intention of completing the purchase;
(c) misuse the bid retraction option to manipulate the bidding process;
(d) bid on or purchase an item when they do not meet the Seller’s terms and conditions outlined on the relevant item listing, or bid or buy with the intention of disrupting a listing; and
(e) engage in shill bidding or purchasing to artificially increase an item’s price or popularity.
Sellers must not:
(a) list any prohibited or restricted items;
(b) dishonour the transaction contract;
(c) fail to deliver the item for which payment of the purchase price was accepted;
(d) significantly misrepresent an item in its listing description;
(e) refuse to accept payment for an item at the end of a successful sale transaction; and
(f) engage in shill bidding to artificially increase an item’s price or popularity.
Membership fees are applicable to Sellers/Suppliers, which give access to specific features on the site. Membership Fees are non refundable, and payable in advance. Memberships can be cancelled at any time. Memberships will be suspended if recurring payment is not received by the due date. Although we take due care to keep our sellers up to date with our Terms, conditions and policies, the Membership rates are subject to change with notice. Suppliers with multiple locations must purchase one Membership per location. Memberships are valid per location only, and leads cannot be shared.
Buyers and Sellers must ensure that their activities and transactions do not violate the Broadcasting Services Act 1992 (Cth), the Competition and Consumer Act 2010 (Cth) and other relevant State-based fair trading legislation. For more information about any legislation that may apply to you, you may wish to refer to the [AUSTRALASIAN LEGAL INFORMATION INSTITUTE].
Items bought and sold by Australians may be subject to Goods and Services Tax.
Notwithstanding successful conclusion of a transaction, you must ensure strict compliance with any formalities which, if not complied with, will either render a transaction void or unlawful.
Buyers and Sellers are solely responsible for ensuring that their respective listing, bidding and selling, and any other activities conducted on the Site and using the Services are lawful. You must ensure that all such activities comply with all applicable laws in Australia and other countries.
BuilderBids encourages Users to attempt to resolve disputes with other Users directly, to use a certified Alternative
Dispute Resolution method such as mediation or arbitration. Users may also need to report any serious disputes to the local police or law enforcement authorities.
Consequences of Breach
Breaches of this Policy may result in the following actions by BuilderBids:
(a) cancellation of listings;
(b) imposition of limits on account facilities and privileges;
(c) suspension or termination of account;
(d) forfeit of any BuilderBids fees on cancelled listings; and
(e) loss of Feedback status, including removal of any feedback.
Debt collection agencies
Buyers and Sellers acknowledge and agree that BuilderBids will not be liable for any third party collection costs if the purchase price or any other payments due for any of their transactions remain unpaid. Further, BuilderBids will not be liable for any legal costs that the parties may incur in the event of debt recovery litigation.
Feedback forms part of a Buyer or Seller’s reputation on BuilderBids. Your Feedback includes a composite number and comments from other Users that you have completed transactions with. Users are advised to use caution and good judgment in providing Feedback to other Users since any comments form part of that User’s record on BuilderBids.
Users must not:
(a) threaten to leave negative or neutral feedback for another User unless the other User provides certain items that were not included in the original listing;
(b) use explicit language;
(c) communicate or publish any defamatory statements;
(d) link to external websites or files;
Consequences of Breach
Breaches of this Policy may result in the following actions by BuilderBids:
(a) amendment of feedback to standards acceptable to BuilderBids;
(b) removal of feedback as determined by BuilderBids in its sole discretion;
(c) cancellation of listings;
(d) imposition of limits on account facilities and privileges;
(e) suspension or termination of account;
(f) forfeit of any BuilderBids fees on cancelled listings; and
(g) loss of Feedback status.
BuilderBids does not have an obligation to monitor or pre-screen any feedback. However, BuilderBids does reserve the right to review and approve any feedback prior to posting.