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Terms and Conditions

User agreement

This agreement is between you and COMPARE THE BUILDER (AUST) PTY LTD(ACN 604 058 415) (referred to in this document as “ComparetheBuilder.com.au”, “us” or “we”).
By visiting and/or using the COMPARE THE BUILDER  website (the “Website”) you agree to be bound by the terms of this agreement (“agreement”).
We may modify this agreement at any time and such modifications shall be effective immediately upon posting.

If you do not accept these terms & conditions, you must refrain from using this web site.

We reserve the right to amend these terms & conditions from time to time. Amendments will be effective immediately upon notification in this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms & conditions as amended.

Registration

In order to save items added to favorites (and access administration areas of the Website), you need to be a registered member.
When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including a valid email address and password. You agree to provide accurate and complete information and to keep this information current. You information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here: Privacy Policy.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (builder@ComparetheBuilder .com.au). We are not liable for any unauthorised use of your account.

Website changes

We reserve the right to change, alter, vary or amend the Website at any time.
We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account.

Use of Website by you

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.

Information on this Website

Information about builders and their home designs on the Website is based on material provided by third parties (“builders”). We do our best to verify the information provided to us by builders but we cannot guarantee its accuracy.
You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by builders or by builders websites.

Whilst we try (as much as possible) to ensure that we only promote those builders who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

Disclaimer of liability

Every effort has been made to ensure the accuracy of all details within this web site; however, no warranty can be given by the us regarding the accuracy, adequacy or completeness of any information presented on ComparetheBuilder .com.au. Intending purchasers should make their own inspections and enquiries. Photographs or artists impressions are for presentation purposes only and are indicative only. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Compare the Builder .com.au accepts 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 this web site or any linked web site or your reliance on any information contained or accessed through this web site.

All information on the site is subject to change without notice.
Any prices listed are for homes only and do not include land.

Complaints or problems

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any builder.
If you wish to make a complaint in respect of a builder, you must email that complaint to complaints@ComparetheBuilder.com.au.

Liability

All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

Links to third party websites

The Website includes links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. You acknowledge that we are not affiliated with and do not maintain any of these third party websites, content or resources and we are not responsible for the material contained therein.

Intellectual property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

Pricing and designs

All pricing available on ComparetheBuilder.com.au may not include fixtures and fittings, landscaping, stones, facades and cladding and other options which may appear in photos. Photos are for illustration purposes only and all final designs, inclusions and pricing needs to be confirmed with the builder of choice.

Change of Control

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Communication by us

As a condition of registering for ComparetheBuilder .com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

  • ‘Administrative Emails’ involve details of account activity (“builders”).
  • ‘Promotional Emails’ consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy Below.

Governing Law

This agreement will be governed by and interpreted in accordance with the laws of New South Wales. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.

PRIVACY POLICY

At ComparetheBuilder.com.au, we understand that the privacy of the information provided to us is very important to you. We use the data gathered only to provide you with more information about our quality products and services. Your personal information will NOT be sold/distributed to any unaffiliated third parties without your prior consent. We may use your information in aggregated data reporting however your details will NOT be shown in these reports and the reader of such reports will NOT be able to identify you personally. All email, username, name, phone and any other information allowing others to contact or identify you will NOT be released or displayed to any third party.

 

Information We Automatically Collect

We log your IP address in order to help diagnose problems with our server, administer our Web site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on your Internet provider. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure, and it helps us understand our users’ interests. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.

We also place a small text file known as a “cookie” on your computer’s hard drive. A cookie may contain information that allows us to track your path through our Web site and to determine whether you have visited us before. Unless you register with us, however, a cookie contains no personally identifiable information that would allow us to identify you. Cookies cannot be used to read data off of your hard drive, and cannot retrieve information from any other cookies created by other Web sites. We use cookies to help us understand how visitors use our site, and to help us to improve our site. You may refuse to accept a cookie from us by following the procedures specific to your Web browser. Although you may do so, you may find that your browser reacts strangely when visiting not only our Web site, but other Web sites as well. Since cookies don’t provide us with any information from which we can identify you, we suggest you allow us to place one on your computer.

We may use Web beacons on our site or other sites and may permit third parties to place them on our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon, also known as a “Web bug,” is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons are represented as HTML IMG tags in the Web page; users can click on “view profiles” of the Web page to see whether the page is using a Web beacon. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web bugs to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web bugs is to provide an independent accounting of how many people have visited a particular Web site. Web bugs are also used to gather statistics about Web browser usage at different places on the Internet.

We may use third-party ad servers (or ad networks) to deliver ads to you on our behalf. These third-party ad servers may collect and use non-personally identifiable information about your visits to our site in order to present advertisements that may be of interest to you. If you would like more information about this practice or to opt out of having this information used by third-party ad servers to provide targeted ads, please visit http://www.networkadvertising.org/managing/opt_out.asp.

 

Personal information collection

ComparetheBuilder.com.au may collect and use the following kinds of personal information:

  1. information about your use of this website (including name, email, phone, location)
  2. information that you provide using for the purpose of registering with the website (including name, email, phone, location)
  3. information about transactions carried out over this website (including name, email, phone, location)
  4. information that you provide for the purpose of subscribing to the website services (including name, email, phone, location); and
  5. any other information that you send to ComparetheBuilder.com.au .

 

Using personal information

 ComparetheBuilder.com.au may use your personal information to:

  1. administer this website
  2. personalize the website for you
  3. enable your access to and use of the website services
  4. publish information about you on the website
  5. send to you products that you purchase
  6. supply to you services that you purchase
  7. send to you statements and invoices
  8. collect payments from you and
  9. send you marketing communications.

Where ComparetheBuilder.com.au  discloses your personal information to its participating builders, trades people, architects, other building professionals, mortgage lending partners, building inspection partners, conveyancer partners, agents or sub-contractors for these purposes, the builder, agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, ComparetheBuilder.com.au  may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

 

Securing your data

ComparetheBuilder.com.au will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

ComparetheBuilder.com.au will store all the personal information you provide on a shared hosting environment.

 

Cross-border data transfers

Information that ComparetheBuilder.com.au  collects may be stored and processed in and transferred between any of the countries in which ComparetheBuilder.com.au  operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

 

Updating this statement

ComparetheBuilder.com.au may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

 Other websites

This website contains links to other websites.

ComparetheBuilder.com.au is not responsible for the privacy policies or practices of any third party.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 Contact ComparetheBuilder (AUST)

If you have any questions about this privacy policy or ComparetheBuilder.com.au  treatment of your personal information, please contact us via our online enquiry form.

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