Website Terms of Use

1. Establishment of agreement

Thank you for choosing to use (Site). This is the Website Terms of Use which applies between you (referred to as you or your) and myBuildcompare Pty Ltd (referred to as myBuildcompare, we , us or our) as owner of the Site.

These Terms of Use govern your use of the Site. Please read these Terms of Use carefully, because by using the Site you are confirming that you have not only read these Terms of Use but that you agree to be bound by them when using the Site and you agree that a legally binding agreement is formed between us and you.

2. Privacy Policy

Please review our Privacy Policy by clicking here. The Privacy Policy describes how we treat your personal information and the documents/information you submit to us.

3. Definitions

To make these Terms of Use easier to read, we have used terms that have specific definitions. These terms appear in these Terms of Use with a capital letter as their first letter and when they are used they have the meaning set out at the end of these Terms of Use.

4. Site Content

Our Site and its contents, including without limitation its text, images, photographs, graphics, trademarks, software, audio and video clips and other materials (Site Content) are owned by or licensed to us and are protected by Australian copyright laws and other intellectual property laws.

We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site Content and to download or print the Site Content for personal, non-advertising, non-commercial purposes.

For reproduction or use of the Site Content and copyright material beyond such use, written permission must be obtained directly from us or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

5. Information Provided

Every effort has been made to make the Site as accurate as possible. You acknowledge that any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site (including the Site Content) is at your sole risk and we are not responsible or liable for any loss or damage that results from the use of the information on the Site.

We reserve the right in our sole discretion and without notice to you to correct any errors or omissions to any portion of the Site.

Please note that the photographs or artists impressions on the Site are for presentation purposes and are indicative only. It is your responsibility to confirm working drawings. Floor plans may also vary depending on the facade chosen. We reserve the right to revise plans, specifications and prices without notice or obligation.

6. Age Restriction

You represent and warrant to us that you are at least eighteen (18) years old or if you are less than eighteen (18) years old, then your parents have consented to these Terms of Use and the Privacy Policy on your behalf.

7. What we do not warrant

We do not warrant that:

  • the Site and the Site Content will be error free or uninterrupted; or
  • the Site will be free of Malicious Code.

8. Advertisements on the Site (if any)

The following conditions apply to any advertisements displayed on the Site:

  • all images and illustrations are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the advertised price.
  • prices may change as a result of variations to the inclusions or specifications required by the user or any authority.
  • prices do not include stamp duty, legal fees or any other costs incurred with the build or purchase (as the case may be).
  • final costs, dimensions and inclusions may vary from the information provided and may be varied by us or the relevant builder without notice.
  • we reserve the right to withdraw any advertisement at any time without notice.

Please note that a display of advertising does not imply an endorsement or recommendation by us.

8. Intellectual Property Ownership

The contents of the Site (including all photographs, images, designs, plans, videos, text, illustrations and other items) is our intellectual property and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law. The Site also includes registered and unregistered trademarks that are owned by us.

9. Restricted conduct

It is an essential term of these Terms of Use that you must not launch or attempt to launch a site or arrangement that is the same or similar to Site, or which uses the Intellectual Property or do any thing that, is inconsistent with our interest in the Intellectual Property, infringes upon our rights to the Intellectual Property or which leads to the value of the Intellectual Property being diminished or otherwise adversely affected.

9. No liability

We accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with:

  • your use of the Site or any linked web site;
  • any breach or alleged breach of any of your representations, warranties or obligations contained in these Terms of Use; or
  • your reliance on any information (including the Site Content) contained or accessed through the Site.

Although we take all reasonable steps to ensure the security and integrity of the Site, you agree that we will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from us not being secure or virus-free.

Any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distrusted through the Site is at your sole risk and we will not be responsible or liable for any loss or damage that results from the use of the information on the Site.

To the fullest extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute that impose any liabilities on use are expressly excluded. 

10. Your Indemnity

It is an essential term of these Terms of Use that you indemnify us against any Claim for which we are not liable for.

11. Suspending your right to access and use the Site

Your right to access and use the Site is subject to you complying with these Terms of Use. If you do not comply with these Terms of Use then we may suspend your right to use the Site until we are satisfied that you will comply with these Terms of Use in full.

12. Account

You may choose to set up an account on the Site. Alternatively, you may elect to use the Site as a guest. You must not set up an account for any other person.

It is your responsibility to enter all of your information correctly when creating your account. You warrant to us that all information provided by you with respect to your account is true and correct to the best of your knowledge.

You must not:

  • use another person's personal information, including name, date of birth, address, email address, login details or password without authorisation;
  • make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;
  • tamper with, hinder the operation of or make unauthorised modifications to the Site;
  • commit any act that may breach any laws; and
  • knowingly permit another person to do any of the above acts.

You must notify us immediately of any unauthorised use of your account.

We will not be liable to you or any other person for the cost of any loss or damage caused to you as a result of your account information being incorrect or unauthorised use of your password or account which occurs before you notify us of such use in accordance with the above.

13. User Content

You are solely responsible for all text, documents, assessments, examinations, your answers or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Site (User Content). User Content includes, among other things, any mistakes contained in the content or information transmitted by you.

We have no obligation to monitor any User Content and will have no liability to you or any other person, including, without limitation, liability with respect to any information (including confidential information) contained in or apparent from any User Content.

We may at any time, remove, alter or disable access to any or all of your User Content in our sole discretion without prior notice to you. Without limiting the preceding sentence, we may remove or disable access to any of all of your User Content if we consider that:

  • the User Content is in breach of any law or regulation;
  • the User Content infringes the intellectual property rights of any third party;
  • it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
  • the User Content is misleading or deceptive, inappropriate having regard to the purpose of our platform, likely to cause offence, materially incorrect, obscene or defamatory;
  • otherwise unlawful; or
  • corrupted, due to the presence of a virus or other disabling code.

You warrant that you own or have a valid and enforceable license to use all User Content, and that no User Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. We are not responsible for the loss, corruption or other changes to User Content.

14. Links to other Sites

Our Site may contain links and pointers to other sites on the internet which may be maintained by third parties. Such links do not constitute an endorsement by us or our licensors or affiliates of any third party site or any materials contained in those other sites.

We do not control and are not responsible for the availability, accuracy or privacy policy of any such third party sites or any information, content, products or services accessible from such third party sites.

You agree that we will not be liable to you for any loss or damage you may suffer by the use of any website not maintained or controlled by us.

15. Maintenance

It is sometimes important for us to perform maintenance to the Site. This may mean that your use of the Site is interrupted or disrupted from time to time.

16. Amendment to terms

It may become necessary for us to change the terms of these Terms of Use from time to time. If so, we will publish notices of changes on our Site and will date those changes.

17. Errors

The Site displays a wide variety of information. Although we use our best endeavours to ensure that the information on the Site is correct, there may be times where errors or omissions have unfortunately been made.

We reserve our rights to correct any such errors or omissions without any claim being made against it.

18. Articles and Editorial Content

Any articles or editorial content on our Site are of a general nature only and do not consider your personal objectives, financial situation or particular needs.

Articles and editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content.

19. General provisions

These Terms of Use constitute the entire agreement between you and us with respect to the Site and supersede all prior agreements between you and us.

Failure on our part to enforce any provision of these Terms of Use is not to be construed as a waiver of any provision or right. These Terms of Use are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of its courts.

If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.

20. Definitions

In these Terms of Use: 

Claim means against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.

Intellectual Property means all intellectual property rights conferred by law and owned by us including (without limitation) patents, designs, formulas, plans, designs, photos, images, specifications or other documents whether in printed form, on the Site or represented in actual homes; copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).

Malicious Code means and software virus, worm, or other harmful computer code, file, script, agent or program.


© myBuildcompare Pty Ltd

Last updated: March 2017