1. Definitions

For the purposes of these Terms of Use, the following words shall be ascribed the following meanings:

1. Builders Choice means Builders Choice Pty Ltd ACN 689 205 776 care of 335 Churchill Avenue, Subiaco, Western Australia, 6008;
2. Content means Information, statements, designs, reviews, opinions and any other information provided to us when you upload, submit, store, send, receive or share with Builders Choice and with the Tool (whether orally or in writing);
3. Customers means any person in any capacity using the Tool and Information for personal, non-commercial purposes outside of their trade, business, craft or profession;
4. Information means information, statements, designs, plans, reviews, opinions, recommendations, advice, memoranda, suggestions, guidance, opinions, proposals, warnings and all other communications and includes where such information is provided by us to you in any format;
5. Licence means a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence granted from the Licence Holder to us to use the Content without restriction;
6. Licence Holder means the person or entity sharing Content to the Tool pursuant to clause 3(b);
7. Suppliers means any person or entity who is not a Consumer;
8. Tool means the platform on which you are accessing the Information provided to you;
9. we, us and our means Builders Choice Pty Ltd ACN 689 205 776 together with our related bodies corporate, and our/their directors, officers, employees, agents, contractors and personnel; and
10. you includes any person or entity by any means and in any capacity accessing and using the Information provided by us.

2. Disclaimer

1. The Information does not constitute legal, financial, tax, accounting or other professional advice and must not be taken as such.
2. We do not purport to know or consider the objectives, factors, financial positions, business or personal arrangements or needs of any Customer or Supplier when providing the Information.
3. We have not undertaken any legal or financial due diligence investigations of the Suppliers or the Customers.
4. We do not purport to verify the Information provided, and the Information is subject to change without notification.
5. We do not guarantee the future performance of Suppliers and provide no assurances that actual outcomes will not materially differ from the Information provided.
6. Buying and building real property involves inherent and unavoidable risks and uncertainties. The Information is for informational purposes only and should not be substituted for advice from a qualified professional and/or your own due diligence, enquiries and investigations.
7. Should you enter into any implied or express contractual relationships with the Suppliers or Customers (as the case may be), you agree that:
   1. you entered into that relationship voluntarily, with full knowledge and with the advice of a qualified professional or on the back of your own due diligence, enquiries and investigations;
   2. Builder’s Choice is not a party to that relationship;
   3. you do not rely on the Information; and
   4. Builder’s Choice makes no warranty as to the suitability of any relationship.
8. We take no responsibility for any reliance placed on any of the Information and nothing contained in the Information should be relied upon as a promise, representation, warranty or guarantee from us as to the past, present or future performance of:
   1. the real property market;
   2. a Supplier; or
   3. a Customer.
9. We recommend you obtain your own independent advice from a suitably qualified professional.

3. Copyright

1. Although we give you permission to use our Tool, we retain any and all intellectual property rights we have in the Tool and the information provided on that Tool, subject to any licence granted to us from any third-party.
2. To the extent provided by law, and with the exception of registered trademarks and design copyrights, any and all information provided to you by us including text, design, graphics, applications, software, and underlying source code is the copyright of Builders Choice or the Licence Holder.
3. In accessing the Information, you agree that any downloading of that Information provided is for personal, non-commercial use only.
4. No part of the Information provided may be reproduced or transmitted in any form or by any means without our prior permission.

4. Licence To Use Your Information

Some of our services are designed to let you upload and share your Content to Customers and Suppliers. If you choose to share your Content, you acknowledge and agree that you grant us a Licence on the following terms:

1. where our use of your intellectual property rights is restricted, you provide us with permission to use the Content through this Licence;
2. you retain the intellectual property rights that you have in your Content, such as reviews you write or design plans you upload; and
3. you warrant that you are the author and owner of the Content and you grant a Licence to us to use the Content without restriction, including to:
   1. host, reproduce, distribute, communicate and use your Content;
   2. publish and publicly display your Content; and
   3. modify and create derivative works based on your content.

5. Reviews

Any reviews published on the Tool are the thoughts, opinions and experiences of the Licence Holder, and are not the thoughts, opinions and experiences of Builders Choice. Builders Choice does not make any warranty as to the validity or legitimacy of any reviews.

6. Breach Of Terms Of Use

We reserve our right to take any of the following actions, at our sole discretion, and at any time for any reason without giving you prior notice:

1. restrict, suspend or terminate your access to all or any part of the Tool;
2. change, suspend or discontinue all or any part of the Tool;
3. reject, move or remove any Information or Content submitted to or available on the Tool for any reason; or
4. deactivate or delete your account and all related information and files linked to your account.

7. Indemnity

1. To the maximum extent allowed by law, you indemnify us, our related bodies corporate, directors, employees and contractors from any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Tool, the Information, or violation of these terms of use.
2. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs and legal fees, except to the extent a liability or expense is caused by our breach, negligence or wilful misconduct.
3. You acknowledge and agree that we are not responsible for the following liabilities:
   1. loss of profits, revenues, business opportunities, goodwill or anticipated savings;
   2. indirect or consequential loss; or
   3. punitive damages.

8. Requests To Update Information

We largely rely on third-party sources to provide us with Information. Should the Information be incorrect, please feel free to contact us at info@builderschoice.com.au to request we update your information. We may request supporting documentation before we process your request.

9. Complaints

Please contact us at info@builderschoice.com.au, we will work with you to resolve your complaint.

10. Governing Law

These terms of use shall be governed by and construed in accordance with the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.