Building Industry Online

Terms and Conditions

Site Conditions

1. Building Industry Online Pty Ltd ACN 126 921 248 (the "Operator") owns and asserts all copyright and other intellectual property rights in and to the web site and name Building Industry Online (the "Site").

2. By accessing this Site You accept the terms and conditions of access to the Site set out here and below (Site Conditions). You must immediately cease using the Site if You do not agree to the Site Conditions.

3. The Site has been created to provide builders, tradespeople and others involved in the construction industry who register in terms of these conditions ("Members") with an online networking forum for building and construction industry related issues.
You may decide to register Your interest in using the Site and upon registration You will become a Member and be deemed to have accepted the Site Conditions.

4. You have not been induced to become a Member by any representation of inducement by the Operator or its agents save as may be expressly provided in these Site Conditions and agree that the Site Conditions constitute the entire agreement and understanding between You and the Operators.

5. The benefits You may derive from access to the Site as a Member are personal to You and may not be assigned or transferred to any third party.

6. The Operator may at any time vary the Site Conditions by publishing the required changes on the Site. You will be deemed to have accepted any change made if You continue to be a Member after the change is published on the Site.

7. You agree that this Agreement shall be governed by and construed in accordance with the Laws of the State of Queensland and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland with respect to any litigation or other proceedings arising out of or connection with Your access to and use of the Site.

8. The invalidity, illegality or unenforceability of any provision of the Site Conditions shall not affect or impact the continuation in force of the remainder of the Site Conditions. M

User responsibilities

You agree with the Operator and other members that:

9. You will pay to Building Online the membership and service fees applicable to the membership options You choose. Where you choose to pay annual fees by instalments, You agree to continue to pay those fees for the relevant full year.

10. You have all necessary rights and ownership of any information You post on the Site (User Content) and as such You will be solely responsible for any damage or penalty occasioned as a result of Your failing to comply with this condition.

11. User Content posted by You on the Site will be true and correct in all respects and release of that information by You or by the Operator will not breach any law in Australia.

12. You must at all times keep Your login details confidential and will not permit others to gain access to the Site with that information.

13. You accept that You are solely responsible for any access to the Site with Your log on details and any use of Your account and for any actions that take place using Your account.

14. You agree to regularly review Your privacy settings and accept the default settings where You do not specifically select an alternate setting.

15. Save as permitted in these Site Conditions You must not to post transmit, or share information on the Site with any third party.

16. You must not advertise or promote Your products or services on the Site without our written agreement save as provided in these Site Conditions.

17. You must not post on the Site any obscene, racist, intimidatory, defamatory, harassing, profane, illegal or offensive sexually-oriented material, any material containing offensive sexual references, or offensive sexually suggestive language, or any material that violates or infringes another person’s rights (including but not limited to, rights of privacy and publicity, and intellectual property rights).

18. You must not to prevent Building Industry Online Members from using the Service or the Site.

19. You must not to send or transmit any chain letters, spam or circular (junk) email to other Members.

20. You must not post, distribute or reproduce or communicate in any way any copyrighted material, trademarks, or other proprietary information without first obtaining full, valid and verifiable authority to do so prior to any such publication.

21. You must not to damage, disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way.

22. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on this Site on Your own website or in any other publication, except with the Operator's prior written consent.

23. You understand that any advisory information provided on this Site is intended to be of a general nature only and not intended to be provided as professional advice, whether legal, financial, construction or other professional advice and You agree to obtain Your own professional advice to confirm the applicability or otherwise of any information obtained You obtain from the Site to Your own specific circumstances.

24. If You believe that the content of any information or material placed on the Site by another user of the Site is in breach of the Site Conditions, or if You believe any information or material appearing on the Site is incorrect or defective, You agree to notify the Operator of the offending information or material the Operator immediately You become aware of it.

25. The Operator provides an online document security protocol that allows members to post documents on the Site with designated access rights to different users of the Site. Whilst Building Industry Online endeavours to maintain the designated levels of security for documents You post online, it does not warrant or guarantee that any document will not be released to users of the Site other than those You intend to have access to the document. You post all documents on the Site at Your own risk. You agree that You will ensure that You do not post documents on the Site that are sensitive for commercial or other reasons unless You accept the risk of unintended disclosure to persons other than those You intend to have access to those documents.

External Sites

26. The Site may contain links to external content ("External Sites") operated by third parties not related in any way to the Operator. The Operator does not endorse or approve of the owners of the External Sites or the resources, content, advertising or other materials forming part of the External Sites.

27. If You decide to access linked External Sites, You do so at Your own risk.

Warranties

28. All information on this Site is provided expressly on the basis that Members acknowledge and agree that the Operator does not assert that it is true or correct in any way and that the Operator has published the information in good faith believing the same to be true and correct upon an assurance by the provider that the information is true and correct and that it may be lawfully published on the Site.

29. If You have any concerns about the nature of information You provide to the Site or that You access on the Site the Operator encourages You to seek independent legal advice before either publishing or accessing any such information.

30. The Operator does not guarantee that the Site or External Sites will be secure and free from viruses, or that access to the Site or External Sites will be available at all times or that when available that it will be uninterrupted.

31. You are not given any assurance that Your use of information or communications via the Site will be uninterrupted and You accept that You may experience loss of transmitted information in Your use of the facilities provided by the Site.

Limitation of Liability

32. You agree to use the Site entirely at Your own risk. The Operator is to the extent permissible at law not responsible should You suffer any loss or damage as a result of Your use or attempted use of the Site if for any reason:

(a) the Site at any time fail to operate as intended or at all;

(b) information or material obtained by You from the Site is inaccurate, incomplete, misleading or otherwise defective or virus free;

(d) information You place on the Site is viewed by a third party in transit or storage on the Site,

and You agree to indemnify and keep indemnified the Operator from any cost, action or claim You may incur as a result.

Whilst every effort has been made to ensure that information contained in the Site is free from error, the Operator does not monitor material posted by users on the Site and the Operator is not responsible for its content. The Operator does not warrant the accuracy, adequacy, completeness or appropriateness of any material on the Site including but not limited to the accuracy of:-

(a) plan documentation (including the scale of such plans) whether viewed online or in printed form;

(b) all inbuilt reports and registers as well as the license and insurance information of all members.

33. You acknowledge that the Operator shall have no liability or responsibility for any damage or loss caused, directly or indirectly, by the provision of information material or services via the Site or as a result of acts or omissions of other Members or users (including "hackers") of the Site or any defamatory material posted by other Members or users.

34. You acknowledge that the Operator has no obligation to provide You with any contract matches and has no obligation to conclude contracts of employment on Your behalf.

35. Subject to any responsibilities implied by law which cannot be excluded, the Operator is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) howsoever arising out of or referable to any service provided or information on the Site or External Sites, whether in contract, tort, including negligence, statute or otherwise. You acknowledge that the operator is not the author of the material posted on the site and takes no responsibility for the accuracy or completeness of such material.

36. Liability of the Operator for a breach of a condition or warranty implied by law or otherwise and which cannot be excluded, is limited to the extent possible, at the Operator's option, to: - the supply of the goods and services again; or - the payment of the cost of having the goods or services supplied again or repaired.

37. If the Operator provides to You any value added service as a member of Building Online delivered through or otherwise in connection in connection with the Site (for example but not limited to the Tender Assist service) the provisions of these Site Conditions (and in particular clauses 31 to 35 and clause 37) shall apply to the provision of that service notwithstanding any error or omission of the Operator or its employees or contractors. You are responsible for checking at the earliest possible opportunity the accuracy and correctness of any material prepared for You by the Operator or its employees or contractors for use on the Site.

Your Indemnity

38. As a Member You agree to indemnify and hold harmless the Operator, its employees, agents, directors and any third parties against all actions, claims, proceedings, costs and damages (including all legal costs and other expenses) that may arise out of Your breach of the Site Conditions or Your use of or access to the Site.

Privacy

39. When You register with the Site, You provide us with personal information such as Your name, email address, telephone number and any other personal information.

40. Any personal information provided by You on the Site will be used solely for the purposes for which they are provided and not otherwise.

41. When You login to the Site, our server will automatically collect details such as Your browser type and IP address.

42. You acknowledge that by becoming a Member, Your personal information will be made available to other Members on request and You agree not to hold the Operator responsible at law for any misuse of such information by any person or entity, whether they are a Member or not.

43. By becoming a Member, You agree that information published on the Site by a Member is confidential and is disclosed to You solely for the purpose described and for no other purpose.

44. In consideration for the Operator and other Members agreeing to provide and publish information on the Site You undertake and agree to hold that information in confidence and You will not disclose it or permit it to be disclosed to any third party other than to: - Your employees and professional consultants who need to know that information and who agree or are bound at law to maintain the same level of confidentiality. - any person to whom You may be required by any law or any government or regulatory agency to disclose the information. - Any court or administrative tribunal of competent jurisdiction who may require You to disclose the information.

45.Building Industry Online will adhere to the National Privacy Principles in collecting, storing and maintaining information from individuals and will:

· Only collect information necessary for one or more of our business functions or activities. Collection of information will be fair and non-intrusive.

· Inform individuals or our organisations name, the purpose for collection and their ability to access their information and correct that information, if necessary.

· Only use or disclose personal information for the reason it was collected.

· Take reasonable steps to make sure that the personal information collected, used or disclosed is accurate, complete and up-to-date.

· Take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure.

· Not adopt an identifier of an individual that has been assigned by a Commonwealth government 'agency', for example a tax file number, medicare number or driver's licence.

· Give individuals the option to interact anonymously whenever it is lawful and practicable to do so.

Building Industry Online will, if requested, take reasonable steps to let an individual know generally what sort of information is held, for what purposes and how it has been collected, held, used or disclosed. We may need to correctly establish an individual's identity in giving access to information. A request for access to information should be made in writing with access to information being provided within 30 days. Building Industry Online may, in some circumstances, deny access to information however it will take reasonable steps to explain reasons for this denial.

Suspension and Termination

46.The Operator may at any time immediately and without notice disable Your access to the Site or remove public access to information You have placed on the Site without refund if it believes in its sole and absolute discretion that You have violated any of the Site Conditions.

47.If You wish to cease being a Member of the Site You must give the Operator written notice of Your requirement in that respect.

48.All restrictions and licences granted by You and all disclaimers and limitations of liability by the Operator will survive termination of Your being a Member of the Site, however You will no longer be authorised to access the Site.

Pricing and Payment

49. If you subscribe for membership of Building Industry Online, You agree to pay the membership fees applicable to Your subscription as advised by the Operator at the time of your subscription or annual renewal, without deduction or setoff. If You are not a member but are registered as a system "User" under a Builders Preferred Team, there is no cost to access documents for that builder’s projects if they have chosen to provide you a link to those documents. Any "User" profile may be removed at any time to deny access to the Site, at the absolute discretion of the Operator.

50. Changes in pricing for the service may be communicated by means including posting on the Site or via email. Any stated price is, unless expressly stated to be otherwise, exclusive of GST. The recipient of any taxable supply must pay the GST payable by the Supplier in addition to the Price when the price is payable and in exchange for a Tax Invoice.

51. You will pay all sums due to the Operator under this agreement by the means specified in the billing section of the Site.

52. Payment shall be deemed to have not been made until the Operator has cleared funds in respect of the full amount outstanding.

53. Refunds will not be given. Credit may be given at the discretion of the Operator. If credit is applied to a cancelled account it will remain valid for a 6 month period. Cancellation and / or termination of the Agreement by You or us will not entitle You to refund of monies paid regardless of the circumstances or reasons therefore.

Copyright

54. Copyright in all material on the Site is owned or licensed by the Operator and may not be used by any person except as provided in these Site Conditions or otherwise as permitted by the Operator in writing. Members posting User Content on the Site grant to the Operator and other Members an irrevocable, non exclusive, royalty free license to use the User Content.