Terms of Service

These Terms of Service constitute a legally binding agreement between you and Compare the Builder ("Company," "we," "us," or "our") concerning your access to and use of the comparethebuilder.com.au website and any related services (collectively, the "Services").

By accessing or using our Services, you confirm that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 18 years of age
• You have the legal capacity to enter into this agreement
• You will comply with all applicable laws and regulations

If you do not agree with these Terms, you must not access or use our Services.

2. Description of Services

2.1 Our Services

Compare the Builder provides a platform that:

• Connects prospective home builders with licensed building contractors
• Provides building cost estimation tools and calculators
• Offers educational content about home building and construction
• Facilitates the quote comparison process
• Provides project management tools and resources

2.2 Not a Building Service Provider

We are a comparison and referral platform only. We do not:

• Provide building or construction services
• Act as a building contractor or agent
• Guarantee the quality, pricing, or performance of builders
• Supervise or control builder work
• Assume liability for builder actions or omissions

3. User Obligations and Conduct

3.1 Accurate Information

You agree to provide accurate, current, and complete information when using our Services. You must update your information promptly if it changes.

3.2 Prohibited Uses

You agree not to:

• Use our Services for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent information
• Impersonate any person or entity
• Harass, abuse, or harm other users or builders
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or harmful code
• Scrape, copy, or download content for commercial purposes
• Interfere with or disrupt our Services
• Use automated systems (bots, scripts) without permission
• Circumvent any security features

3.3 Communication Conduct

When communicating with builders or other users through our platform, you must:

• Be respectful and professional
• Not use offensive, discriminatory, or threatening language
• Respect intellectual property rights
• Comply with Australian consumer law and fair trading regulations

4. Builder Network and Quotes

4.1 Builder Vetting

While we conduct reasonable due diligence on builders in our network (including license verification and insurance checks), we do not guarantee their performance, quality, or suitability for your project.

4.2 Quote Process

When you request quotes:

• We will share your information with up to 3 builders who match your requirements
• Quotes are provided directly by builders, not by us
• Quote response times and formats may vary
• Builders are independent contractors, not our employees or agents
• You are not obligated to accept any quote

4.3 Your Responsibility

You are solely responsible for:

• Verifying builder licenses, insurance, and credentials
• Negotiating and entering into contracts with builders
• Ensuring contract terms protect your interests
• Obtaining independent legal and financial advice
• Conducting due diligence on any builder before engaging them
• Monitoring builder performance and work quality

5. Building Cost Calculator

5.1 Estimates Only

Our building cost calculator provides estimates based on industry data and averages. These estimates:

• Are indicative only and not binding quotes
• May vary significantly from actual costs
• Do not account for site-specific factors
• Should not be relied upon for financial planning without professional advice
• Are based on data current at the time of calculation

5.2 No Guarantee of Accuracy

While we use reliable data sources, actual building costs depend on numerous factors including location, site conditions, materials, labor rates, market conditions, and specific project requirements. We make no warranty regarding the accuracy or completeness of cost estimates.

6. Intellectual Property Rights

6.1 Our Content

All content on our Services, including text, graphics, logos, images, software, and design, is owned by or licensed to Compare the Builder and protected by Australian and international intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or create derivative works without our written permission.

6.3 User Content

When you upload plans, documents, or other content to our Services, you retain ownership but grant us a license to use, store, and share that content as necessary to provide our Services.

7.1 "As Is" Service

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of information
• Security or freedom from viruses

7.2 No Professional Advice

Information provided through our Services is for general informational purposes only and does not constitute professional advice. You should not rely on it as legal, financial, architectural, engineering, or construction advice. Always seek independent professional advice for your specific circumstances.

7.3 Third-Party Content

We are not responsible for the accuracy, reliability, or content of information provided by builders or other third parties through our platform.

8.1 General Limitations

To the maximum extent permitted by law, Compare the Builder and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Costs of substitute services
• Damages arising from builder performance or non-performance
• Damages from construction defects or delays

8.2 Maximum Liability

Our total liability for any claims arising from your use of our Services shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100 AUD if you have not made any payments.

8.3 Builder Relationships

We are not liable for any disputes, damages, losses, or claims arising from your relationship with any builder, including but not limited to contract disputes, construction defects, delays, cost overruns, or builder insolvency.

9. Indemnification

You agree to indemnify, defend, and hold harmless Compare the Builder and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your relationship or dealings with any builder
• Content you submit or transmit through our Services

10. Termination

10.1 By You

You may stop using our Services at any time. If you have an account, you may request account closure by contacting us.

10.2 By Us

We may suspend or terminate your access to our Services immediately, without notice, for any reason, including if you:

• Breach these Terms
• Engage in fraudulent or illegal activity
• Provide false information
• Violate the rights of others
• Use our Services in a harmful manner

10.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions that should reasonably survive termination (including disclaimers, limitations of liability, and indemnification) will remain in effect.

11. Dispute Resolution

11.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at legal@comparethebuilder.com.au and attempt to resolve the dispute informally.

11.2 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

11.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.

12. General Provisions

12.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use after changes are posted constitutes acceptance of the new Terms.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Compare the Builder regarding our Services.

12.4 Assignment

You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms at any time without notice.

12.5 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.