Andrew Simmie Builder Profile and Reviews

Registration	Practitioner Name	Category	Status	Anniversary
DB-U 5097	Andrew Simmie	Domestic Builder - Unlimited	Not Current	07 Jul 2014	47287 Andrew Simmie None None

Registration	Decision Date	Disciplinary Action	Project Suburb	Summary
DB-U 5097	27/05/2016	Remprimand, Fine $9,000, Cotsts ...	Shepparton	Andrew Simmie - The Building ...	Read Summary Andrew Simmie

1. Introduction

1.1. www.BuildAdvisor.com.au (Site) is a website that is owned, operated and maintained by BuildAdvisor Pty Ltd (ACN 168 173 724) (BuildAdvisor, we, us or our).

1.2. These Terms and Conditions, together with the Privacy Policy and any other documents referred to in these Terms and Conditions, govern the terms of use under which any person who accesses and uses the Site (you, your) may do so or may make use of our products, services and the Site (Agreement).

1.3. Please read this Agreement carefully before you start to use the Site. By using, browsing or accessing the Site you indicate that you have read, understood and accept this Agreement and that you agree to abide by it. If you do not agree to this Agreement, you may not access or otherwise use the Site.

2. Accessing the Site

2.1. The Site is a platform for displaying information about Builders in the state where they practice and operate including, but not limited to:

2.1.1. certain of the information published by the statutory authority in each applicable State or Territory responsible for the registration and monitoring of Builders (Regulator) on its website (Regulator Website) from time to time relating to Builders who are registered in the applicable State, including but not limited to registration details and any prosecution and disciplinary action undertaken by the Regulator in relation to Builders (Regulator Content); and

2.1.2. builder reviews, tips and advice, questions, comments, suggestions, ideas or the like (for example, answers to questions, star ratings, tips and advice)(Consumer Generated Content), and the information contained therein is based on content provided by persons (via the "Rate a Builder" form or the "Tips & Advice" buttons on the Site) who have either contracted or engaged a Builder to build, construct, repair or renovate their domestic or commercial property or have purchased a domestic or commercial property (including from a property developer) that was built, constructed, repaired or renovated by a Builder such as through a House and Land Package (Consumer).

2.2. Builders may upload, publish or display their own information on the Site (including Advertising Materials) (Builder Generated Content). Consumer Generated Content is not commingled with Builder Generated Content and no priority is given to Builder Generated Content over Consumer Generated Content.

2.3. The Regulator Content may not be the most up to date information published by the Regulator on the Regulator Website. We intermittently update the Regulator Content onto the Site. The date when the Regulator Content in relation to a Builder was loaded or updated on the Site is specified in the "updated date" field immediately beside or under the relevant Regulator Content. A Regulator may remove information from the Regulator Website, however this information may still be published on the Site. The fact that a Regulator has removed Regulator Content from the Regulator Website does not mean that it is no longer accurate or is outdated. You should check the accuracy and the currency of the Regulator Content by visiting the Regulator Website.

2.4. The Site is a portal or conduit providing you with access to and use of the Regulator Content, the Consumer Generated Content and Builder Generated Content (Third Party Content).

2.5. We do not warrant the accuracy or currency of, recommend or endorse any goods, services, or Third Party Content appearing on, or via, the Site. We disclaim all liability and responsibility arising from any reliance placed on such Third Party Content the accuracy or currency of the Third Party Content, and any products and services provided therefrom, by any visitor to the Site (including you), or by anyone who may be informed of any of its contents, and we make no representations or warranties that use of such Third Party Content will not infringe intellectual property rights of any third parties.

2.6. You, Builders, Consumers and other users of the Site (and not us) are responsible for the accuracy of all representations made in any Consumer Generated Content and Builder Generated Content displayed, advertised or listed on the Site. We may, but are under no obligation to, monitor the Third Party Content. To the extent permitted by applicable law, we disclaim all liability in relation to and do not warrant that the products or services or the Third Party Content available, displayed or offered on the Site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products, services or Third Party Content available or offered on, or via, the Site. You agree to make your own enquiries to verify information provided and to assess the accuracy of such information and the suitability of products or services before you purchase. If you choose to purchase a product or service advertised or listed by a Builder on, or via, the Site, or recommended or endorsed by a Consumer on, or via, the Site, you do so at your own risk. You are encouraged to seek professional advice before entering into any transaction with a Builder based on the information contained on the Site.

2.7. Any opinions, advice, statements, services, offers, or other information, Regulator Content, Consumer Generated Content or Builder Generated Content expressed or made available by the Regulator on the Regulator Website, a Builder or a Consumer are those of the respective author or distributor (and not us). We reserve the right (but we are under no obligation) to modify or remove any Regulator Content, Consumer Generated Content or Builder Generated Content, at our sole discretion, at any time.

2.8. We may at any time request that you provide to us any information or documentation which is relevant to any Builder Generated Content or Consumer Generated Content that is uploaded, published or displayed by you, and you agree to provide all such information or documentation within four (4) Business Days of such request.

3. Site changes

3.1. We reserve the right to change any provision of this Agreement in any way and we may, in our absolute discretion, add or remove any information, products and services provided in connection with the Site.
3.2. If we make change to any provision of this Agreement, we will update the "last modified" section at the bottom of these Terms and Conditions. Your continued access to and use of the Site following any such amendment will be confirmation of your acceptance of the amendments. We encourage you to regularly review these Terms and Conditions.
3.3. Subject to clause 3.4, we will provide reasonable notice of any changes to the products and services provided via the Site to you in writing or by otherwise posting it on the Site. If you do not agree to these changes to the products and services, you may terminate this Agreement in writing no later than 14 days after the date you received written notice of the changes or the changes were posted on our Site, and must immediately cease accessing or using the Site or any content or information located on or at any time obtained from the Site (including Third Party Content).
3.4. Any changes in the Regulator Content will be notified by updating the "updated date" field immediately beside or under the relevant Regulator Content on the Site.

4. Your account and BuildAdvisor profile

4.1. You do not need to register or log-in to the Site in order to view the content and information on the Site, including Third Party Content.

4.2. Publishing, uploading, registering and displaying Consumer Generated Content or Builder Generated Content on the Site is free (except for Advertising Materials). We will charge a Builder to upload, display or publish Advertising Materials on the Site at our prevailing rates at the time.

4.3. If you wish to upload, publish or display Consumer Generated Content or Builder Generated Content on the Site, you must create an account (Account) with us. You agree to provide only accurate and complete information when creating an Account with us via the Site. All Personal Information, as well as the information you provided to register, is subject to the Privacy Policy. When you register, you will use your email address to sign-in to your Account and you will be provided with a temporary password to access and use the Site. You may change your password at any time.

4.4. You undertake not to disclose your password to any third party and take all reasonable measures to prevent disclosure of your password to any third parties. The registered user of the Account is solely responsible for the activity conducted on the Account. Please notify us immediately if you become aware that your email address and password is being used without authorisation or any other security breach relating to your Account.

4.5. When access and using the Site, we may permit you to store data, preferences set by you, Third Party Content or other information for your convenience, but we are under no obligation to retain any such data, preferences, Third Party Content or other information.

4.6. You acknowledge and agree that any Third Party Content uploaded, displayed or listed by you on the Site may be viewed by other visitors or users of the Site, and therefore we are under no obligation to keep such Third Party Content confidential or private.

4.7. We may provide you with the ability to communicate with us and users of the Site through agreements, online forms, emails, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services). You acknowledge that Communications Services may be public and not private communications. Furthermore, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by us.

5. Accessing and using the Site

5.1. We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period.

5.2. Access to the Site is permitted on a temporary basis, and we reserve the right, without notice, to:

5.2.1. withdraw or amend the products, services and the information and content provided on the Site; and/or

5.2.2. charge you a fee to access or use certain features of the Site (for example, we may charge Builders a fee to upload, publish, list or display Advertising Materials and Builder Generated Content).

5.3. From time to time, we may restrict access to some parts of the Site (wholly or partly).

5.4. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or mobile telephone are aware of this Agreement, and that they comply with them.

5.5. Our Site allows Consumers to upload, publish and display Consumer Generated Content which is made available and accessible to other users or visitors to the Site. We protect the Consumer's Personal Information by allowing a Consumer to select the anonymous function on the Site when submitting a building review (in which case the letters "Anon" will appear alongside the Consumer's building review). If the Consumer does not select the anonymous function on the Site then their first name will be displayed alongside their building review on the Site.

5.6. When accessing and using the Site, you must:

5.6.1. not attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party's computing systems and networks;

5.6.2. not use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in the course of delivering the Site, or impair the ability of any other user to use the Site;

5.6.3. not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Site is hosted;

5.6.4. not transmit, or input into the Site, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law; or

5.6.5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Site.

5.7. By uploading, publishing or displaying Third Party Content on, or via, the Site, you agree to only upload, publish or display content:

5.7.1. for which you hold all necessary rights, licences and consents to upload, publish or display on, or via, the Site;

5.7.2. that is factually accurate and up-to-date;

5.7.3. if you are a Consumer, that reflects your genuine experience with, and views about, the Builder who is the subject of your review;

5.7.4. that is true and can be proven by you to be true;

5.7.5. if an opinion, that is a genuinely-held opinion; and

5.7.6. that complies with all applicable laws, regulations, rules, codes or other legal obligations having effect in the state of Victoria, Australia and the Commonwealth of Australia, and any relevant international laws.

5.8. By uploading, publishing or displaying Third Party Content on, or via, the Site, you also agree not to upload, publish or display any Third Party Content that:

5.8.1. is in a language other than English;

5.8.2. is confidential information;

5.8.3. is, or is likely to be considered to be, vulgar, offensive, indecent or obscene, pornographic or sexually explicit, harassing, threatening or abusive, inflammatory, hateful or disparaging, seditious, blasphemous, is or may be a breach of another person's privacy (such as by disclosing personal or identifying details of another person without authorisation) or otherwise objectionable according to the dictates of good taste and social acceptability (including by promoting, advocating or seeking to incite discrimination based on race, sex, disability, age, religion, nationality, sexual orientation or an unlawful or illegal act);

5.8.4. is inaccurate, deceptive, misleading or fraudulent, including, but not limited to, as a result of you having impersonated another person or misrepresented your identity;

5.8.5. is defamatory or harms or intends to harm someone in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including us or our employees;

5.8.6. is illegal or unlawful or infringes the intellectual property of another person;

5.8.7. contains Malicious Code;

5.8.8. is unauthorised, unsolicited or undisclosed advertising or promotional material, including Third Party Content which makes excessive commercial references;

5.8.9. is designed to give the impression that the Third Party Content originates from us; or

5.8.10. is aimed at disparaging or damaging the reputation or goodwill of our business, the Site or any of our officers, employees or Related Bodies Corporate.

6. Your warranties

6.1. You warrant that:

6.1.1. you are 18 years of age or older;

6.1.2. you will not attempt any of the acts set out in clause 5 or engage or permit another person to do any of the acts set out in clause 5;

6.1.3. all Consumer Generated Content or Builder Generated Content provided by you to us through the Site or otherwise is true, accurate, complete and up to date at the time and you agree to maintain the currency of that information by updating it as soon as practicable after you become aware of any change;

6.1.4. you own or have the necessary licences, rights, permissions, and consents to use and authorise us to use any and all Consumer Generated Content or Builder Generated Content submitted by you to us in accordance with the licences granted in this Agreement;

6.1.5. your use of the Site has not been made on the basis of any representations made by us regarding future features or functionality of the Site; and

6.1.6. you have the full power and authority to enter into this Agreement and perform your obligations contemplated by this Agreement.

6.2. You acknowledge and agree that:

6.2.1. you are solely responsible for maintaining the security of Consumer Generated Content or Builder Generated Content, registration details, your own personal and business information and computer systems, and you (and not us) will be responsible for any loss or damage arising (directly or indirectly) as a result of your failure to do so;

6.2.2. you are responsible for ensuring that your connection and the device you are using to connect to the Site are secure and free of Malicious Code;

6.2.3. we may publish the existence (but not the terms) of the relationship contemplated under this Agreement as part of our promotional and marketing activities from time to time; and

6.2.4. you will ensure that all people who use the Site with your permission or consent comply with the terms of this Agreement.

7. Third Party Content

7.1. If you are a Consumer, you warrant that:

7.1.1. you have not been offered any incentive or payment by a Builder, building developer or real estate agent to upload, publish and display Customer Generated Content;

7.1.2. you will only upload, publish and display Customer Generated Content if:

(a) you are the person that commissioned the build, construction, repair or renovation of the property the subject of the building review or have purchased a property (including from a property developer) that was built, constructed, repaired or renovated by a Builder such as through a House and Land Package which is the subject of the building review;

(b) you are not the Builder or property developer the subject of the review;

(c) the Builder you review is the Builder who was contracted to build, construct, repair or renovate the property the subject of the building review; and

(d) the content or materials uploaded, published and displayed by you on the Site does not breach the Intellectual Property Rights of a third party.

7.2. Builders, property developers and real estate agents are not permitted to review their own building projects or property developments (or those which they are engaged in selling) on the Site.

7.3. A Builder may only upload, publish and display Builder Generated Content (including Advertising Materials) on, or via, the Site. A Builder may upload, publish and display Consumer Generated Content through the Site only if:

7.3.1. the Builder did not build, construct, repair or renovate the property the subject of the review; and

7.3.2. the build, construction, repair or renovation of the property was commissioned for their personal, household or domestic use.

7.4. Property developers, real estate agents and unregistered building practitioners, tradespersons or building contractors are not permitted to upload, publish and display Third Party Content on the Site.

8. Our obligations

8.1. We shall provide you with access and use of the Site substantially in accordance with this Agreement.

8.2. Subject to clause 9, in the event that we fail to provide you with access and use of the Site in accordance with clause 8.1, we will use commercially reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 8.1.

9. Disclaimer of warranties

9.1. To the maximum extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision, or use of, the Site.

9.2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

9.3. You acknowledge and agree that, to the extent permitted by law, we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Site, any Third Party Content or any goods or services provided, listed, uploaded, displayed or published in connection with the Site.

9.4. We will not be liable if the Site is unavailable for any reason, including directly or indirectly as a result of:

9.4.1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

9.4.2. negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);

9.4.3. maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the Site;

9.4.4. services provided by third parties (including internet service providers) ceasing or becoming unavailable; or

9.4.5. a Force Majeure Event.

10. Limitations and indemnity

10.1. To the fullest extent permitted by law, we will not be liable to you or any third party for:

10.1.1. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;

10.1.2. loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, damage to reputation, loss of opportunity or expectation loss or loss of production; or

10.1.3. loss of or damage to any property or any personal injury or death to you or any third person,

arising out of, relating to or connected to the provision or use of the Site and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

10.2. Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the sum of $1.

10.3. You agree to defend, indemnify and hold us, our Related Bodies Corporate and our Personnel (the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

10.3.1. the use by you or any third party of the Site;

10.3.2. any breach of any third party's Intellectual Property Rights or other rights caused by you; or

10.3.3. any breach by you or your Personnel of this Agreement.

11. Intellectual property rights

11.1. Using the Site does not give you (or anyone else) ownership of, or any right, title or interest in, the Site (or any Intellectual Property Rights contained therein) or any information, Third Party Content or technology that may be provided to, or accessed by, you in connection with your use of the Site, all of which is, and will remain, owned by us or our licensors (BuildAdviser IP).

11.2. All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Site or the Consumer Generated Content or Builder Generated Content will automatically vest in, and are assigned to, us (Developed IP).

11.3. Subject to clauses 11.1 and 11.2, each Builder will remain the owner of their Advertising Materials, provided the Builder grants us (and our Related Bodies Corporate) a royalty-free, transferable, worldwide and perpetual licence to use and publish and sub-license the use and publication of any Advertising Materials.

11.4. By giving any feedback to us in relation to the Site, including making suggestions or requesting enhancements, you grant to us a royalty-free, worldwide, transferable, irrevocable, perpetual and sub-licensable licence to use or incorporate any aspect of your feedback into the Site.

12. Confidentiality

Save as required by law, all information supplied by us in relation to our business, any fees, the Site or any terms of this Agreement is confidential and must not be disclosed by you to a third party (except your professional advisors) without our written consent. This includes, without limitation, information provided to you in any form (including written and electronic) and by any means (including during any conversations with you). Upon the expiry or termination of this Agreement, such confidential information must either be destroyed or returned to us, as directed by us.

13. Third party websites

13.1. The Site or any Third Party Content may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the Site. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites (including the currency and accuracy of the Regulator Content), resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites for your information and convenience.

13.2. Links, references or other connections to these websites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or Advertising Material (as the context permits).

13.3. Your linking to or from these websites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all website pages and other websites or third party suppliers that you visit or transact with.

14. Complaints

14.1. If you wish to make a complaint about the uploading, publication or displaying of any Third Party Content, you should contact us by sending an email to the following email address: support@BuildAdvisor.com.au setting out:

(a) your name;

(b) the Third Party Content being complained of and where it is located on the Site;

(c) that you consider the Third Party Content to be defamatory.

14.2. After we receive the complaint, we will consider it and respond to you as soon as practicable.

15. Dispute resolution

15.1. If you have any issue with any Third Party Content, you must first raise it with the Regulator, Builder, Consumer or any other person who uploaded, published or displayed the Third Party Content.

15.2. If you have any issue with us, the Site, any Third Party Content or under or relating to this Agreement which gives rise to a dispute between you and us that is not the subject of a complaint under clause 14 (Dispute), you must, before resorting to court proceedings (except where seeking urgent interlocutory or interim relief), initially send us a written notice of dispute, setting out the basis of the dispute and providing all necessary supporting information and documentation and what action you want us to take in relation to such dispute (Dispute Notice).

15.3. If we do not agree to take such action we and you must refer the Dispute to a nominated representative of each party who must endeavour to resolve the Dispute within 20 Business Days of us receiving the Dispute Notice.

15.4. The parties must act in good faith and use their reasonable endeavours to attempt to resolve the Dispute.

15.5. You must give us access to any information or documentation relevant to the matters in Dispute. We are not required to disclose the identity of a Consumer who has elected to remain anonymous when submitting a building review which is the subject of a Dispute.

15.6. If the Dispute is not resolved within 20 Business Days of us receiving the Dispute Notice or such longer period as may be agreed between the parties (acting reasonably), then either party may, in its absolute discretion, initiate court proceedings.

16. Suspension and termination

16.1. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site, products and services, and/or your registration, or suspend or block your access to the Site, products and services.

16.2. Cause for such suspension or termination shall include, but not be limited to:

16.2.1. breaches or violations of this Agreement, our policies and guidelines (including our Privacy Policy) and/or any other agreements entered into between the parties;

16.2.2. requests or instructions by law enforcement or other government agencies;

16.2.3. discontinuance of the Site (or any part thereof):

16.2.4. unexpected technical or security issues or problems; or

16.2.5. your failure to make any required payments or pay fees.

16.3. Access will only be reinstated if you pay all monies due and owing to us under this Agreement (or any other agreement entered into between the parties). If your Account has been closed, you may then have to open a new Account as all your data may have been deleted, archived, or lost.

16.4. You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.

17. Force majeure

We will have no liability to you (or anyone else) if we are prevented from or delayed in performing our obligations to you under this Agreement (or otherwise) or anyone else, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, epidemic, pandemic, natural disaster, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or sub-contractors, or shortage of suppliers, equipment or materials (Force Majeure Event).

18. Notices

18.1. Subject to clause 18.2, any notice to be given under this Agreement by us will be sent by email to the email address you provide for registration (or otherwise as notified to us in writing), and you must direct any written notices to us to our postal address below.

18.2. Where a provision of this Agreement expressly requires "written notification" to be given, that notice must be given by post, and not by email.

18.3. A notice delivered by post will be conclusively taken to be duly given or made 2 Business Days after the date of posting (if posted to an address in the same country) or 7 Business Days after the date of posting (if posted to an address in another country).

18.4. A notice delivered by email will be conclusively taken to be duly given or made at the earlier of:

18.4.1. the time that the sender receives an automated message from the intended recipient's information system confirming delivery of the email; and

18.4.2. the time that the email is first opened or read by the intended recipient, or any Personnel of the intended recipient.

19. General

19.1. Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement, except that we may assign, sell or transfer our rights or obligations under this Agreement to a Related Body Corporate or bona fide third party purchaser of our business.

19.2. Failure by either party to exercise or enforce any term of this Agreement will not be deemed a waiver of enforcement of that term or any other term. Other than as stated in this Agreement, the remedies provided are in addition to any other remedies available to a party at equity or law.

19.3. This Agreement and any other documents referred to in it, constitute the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements, communications, representations and understandings related to its subject matter.

19.4. To the extent of any inconsistency between the provisions in the body of this Agreement and any BuildAdvisor Policy, these Terms and Conditions shall prevail.

19.5. Nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, or any other form of association between the parties in which one party may be liable for the acts or omissions of any other party. No party has the authority to incur any obligation or make any representation or warranty on behalf of, or to pledge the credit of, any other party.

19.6. Each party agrees that this Agreement is governed by and will be construed in accordance with the laws of the State of Victoria, Australia, and is subject to the exclusive jurisdiction of the courts of Victoria or courts or appeal therefrom.

19.7. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such provision shall be severed from this Agreement and the other provisions shall remain in force and effect.

19.8. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

19.9. Clauses 4.4, 4.5, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18 and 19 survive termination or expiration of this Agreement.

20. Contact us

If you have any questions about this Agreement, please contact us via:

20.1. Email: support@BuildAdvisor.com.au; or

20.2. Post: PO Box 19, Carlton South, Victoria 3053, Australia.

21. Definitions

In this Agreement:

21.1. Account has the meaning in clause 4.3;

21.2. Advertising Materials means a Builder's business information, contact details, images of the Builder's building or construction works and may include third party advertising;

21.3. BuildAdviser IP has the meaning in clause 11.1;

21.4. Builder means a building practitioner or building contractor registered or licensed with the applicable Regulator;

21.5. Builder Generated Content has the meaning in clause 2.2;

21.6. Business Day means a day which is not a Saturday, Sunday or a public holiday in Victoria;

21.7. Communications Services has the meaning in clause 4.7;

21.8. Consumer has the meaning in clause 2.1.2;

21.9. Consumer Generated Content has the meaning in clause 2.1.2;

21.10. Developed IP has the meaning in clause 11.2;

21.11. Force Majeure Event has the meaning in clause 16;

21.12. House and Land Package means a contractual arrangement whereby a person agrees to acquire or sell a parcel of land (or an interest in such land) that includes provision for the construction of a building on the land by the vendor or a third party Builder engaged by the vendor, and includes any such arrangement entered into for the purchase of a lot on a plan of subdivision or a purchase “off the plan”, or any similar arrangement;

21.13. Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar rights which subsist or will subsist now or in the future in any part of the world;

21.14. Malicious Code means any code which contains a virus, worm, trojan horse or any other harmful or malicious component or program, including, but not limited to, keystroke loggers or other spyware, or similar computer code, files or programs designed to adversely affect in any way the operation of any computer software or hardware or telecommunications equipment;

21.15. Personnel means any director, officer, employee, agent, contractor, sub-contractor, consultant or volunteer of a party;

21.16. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth);

21.17. Third Party Content has the meaning in clause 2.4;

21.18. Regulator has the meaning in clause 2.1.1, or any successor to that entity;

21.19. Regulator Content has the meaning in clause 2.1.1;

21.20. Regulator Website has the meaning in clause 2.1.1; and

21.21. you means person or organisation accessing, using or relying upon the Site and may include Builders, Consumers, visitors and users (as the context permits).

Last Modified 30 JUL 2024

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Andrew Simmie

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