WELCOME TO BUILD BUDDY!

We are a web-based and mobile app service that connects Customers with the Services Providers that will meet their home building and renovation needs.

This agreement governs your use of the Build Buddy Platform (Platform) and any other services made available through the Platform.

By agreeing to these terms or otherwise using the Platform, you agree to be bound by this agreement which forms a binding contractual 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

When we refer to “Services” in this agreement, we are referring to the services available through our website and any associated services we offer, our mobile application available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

We may modify this agreement from time to time. If we do, we will 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 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.

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 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 will always be accurate, honest, correct and up to date.

(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 any concerning behaviour by you, or to seek a resolution with you. Build Buddy may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

2  INTRODUCTORY SERVICE

(a) Build Buddy is a medium that facilitates the introduction of Customers and Service Providers for the purposes of connecting customers with goods and services providers to meet their home building and renovation needs.

(b) Build Buddy simply 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, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.

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.

4  LIMITATIONS & INDEMNITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, Build Buddy excludes completely all liability to any person for 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 applicable 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 goods or services we provide.

(d) (Indemnity) 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 you or your representatives’:

     (i) breach of any term of this agreement;

     (ii) use of the Platform; or

     (iii) your provision or receipt of Services from another 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, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

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) You agree to release 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 act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.



(d) 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  LOCATION INFORMATION

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. If you consent to the collection of this information, 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 after the time for performance services is agreed; or

(b) for whatever reason, including technical faults, the services in a Listing cannot be performed or completed,

and you will not be entitled to any compensation from Build Buddy.

8  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 that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice 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. 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 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. You agree that the decision made by the Expert is binding and you will submit to the decision.

(e) The cost of the Dispute Resolution Process must be shared equally between each of the parties to the dispute. Any other costs you incur in relation to a complaint or dispute will be your responsibility.

(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 8 , you or Build Buddy may at any time cancel your Account or discontinue your use of the Platform.

9  TERMINATION

(a) Build Buddy reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.

(b) In the event that a User’s Account is terminated:

     (i) the User’s access to all prior requests or listings for 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.

(c) 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.

(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.

10  TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Build Buddy will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

11  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) Through the Platform, you may engage Service Providers to provide goods or services. This occurs 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”. Through the Platform, you can review different Listings and accept a Listing you wish to proceed with.

(d) You acknowledge and agree that:

     (i) if you accept a Listing, that will constitute your offer and intention to enter into a contract with the Service Provider;

     (ii) the price for the relevant Listing will be set out at the time of acceptance (Purchase Price);

     (iii) you will be required to pay the Purchase Price in accordance with the relevant invoice provided to you; and

     (iv) any terms and conditions relating to 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 different depending 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.

3  PAYMENT

(a) (Payment obligations) You must pay for all services specified in an accepted Listing, and any Paid Features (as defined in clause 7 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

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. 

(c) (Unable to charge) If we are unable to charge your selected payment method we may immediately cancel or suspend your Account.

(d) (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.

(e) (Charge Back) We will not pay any charge back amount if you fail to cancel your subscription. 

(f) (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.

(g) (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 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.

(h) (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 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.

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 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  RATINGS AND REVIEWS

(a) Customers may rate a Listing (Rating) and/or may provide feedback to Service Providers regarding the goods or 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 (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 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 12 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.

6  LINKED BUSINESS

You acknowledge and agree that:

(a) the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of Build Buddy;

(b) the provision by Build Buddy of introductions 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 services, it does not warrant the certification and/or licensing, 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 do not involve Build Buddy in any way.

7  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 using 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.

(e) For the purposes of this agreement, “Intellectual Property Rights” means all copyright, trade mark, 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.

8  BYPASSING

(a) You must not engage a Service Provider, or make a request to engage a Service Provider, outside the Platform. Any further requests for goods and services from a Service Provider must be made through the Platform.

(b) 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 8 .

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 perform your 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.

(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 requests for services that have been submitted to the Platform by Customers (Service Requests).

(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 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.

4  LISTINGS GENERALLY

(a) In respect of both Product Listings and Service Listings (collectively, 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 8 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; and

     (vi) 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 laws, regulations, tax obligations 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 5 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 goods 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).

(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 Users 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.

6  REFUNDS & CANCELLATIONS

(a) You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling any accepted goods or 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 goods or 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.

(b) If you 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.

8  BINDING CONTRACT

You agree that when a Customer accepts a Listing, this constitutes their intention and offer to enter into a contract with you, 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.

9  WARRANTIES

By listing yourself as a Service Provider on the Platform and providing a Listing, you represent and warrant that:

(a) you are able to fulfil the requirements of the services specified in the Listing;

(b) you will provide goods and/or services to each Customer:

     (i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and

     (ii) in compliance with all applicable laws; and

(c) any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies 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 3.

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; and

(h) the Uploaded Material does not breach or infringe any applicable laws.

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 explanation or justification for removing the Uploaded Material.

(b) You agree that you are responsible for keeping and maintaining records of Uploaded Material.

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. 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.

7  THIRD PARTY TERMS

(a) Any service that requires Build Buddy to acquire goods 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 goods and services and, by instructing Build Buddy to acquire the goods or 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 are 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 AND COMMUNICATION

(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.

(c) As part of opting into the Build Buddy platform, you have consented to all communication via email, direct messaging, live chat, SMS, phone calls and application push notifications. The frequency of communication will be based on your activity and/or inactivity in the Build Buddy platform.

      (i) You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP", we will confirm your unsubscribe status via SMS. Following this confirmation, you will not longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

     (ii) If you experience issues with the messaging program, reach out directly to [email protected] or 1300 990 990.

     (iii) Carriers are not liable for delayed or undelivered messages.

     (iv) As always, messages and data rtes may apply for messages sent to you from us and to us from you. You will receive messages based on your activity and/or inactivity in the Build Buddy platform. For questions about your text plan or data plan, contact your wireless provider.

     (v) For privacy-related inquiries, please refer to our privacy policy: buildbuddy.au/privacy.

10  GENERAL

10.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

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 party 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.

10.8 INTERPRETATION

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

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

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

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

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

(f) (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;

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

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

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

(j) (adverse interpretation) no provision of 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: 27 April 2023