Terms and Conditions
- Terms and Conditions
This website is owned and operated by Builder Background Checks Pty Ltd (ABN: 83 631 298 818) (the Company). These Terms and Conditions (Terms) govern your use of the website at www.builderchecks.com.au and www.poolbuilderreviews.com.au (Website) and the reports we produce from time to time (Report).
Please read this page carefully. If you do not accept the Terms stated here, do not use this Website and our Report. By using, visiting, accessing this Website, accessing our Reports or otherwise registering, you are indicating that you have read, understood and accept to be bound by these Terms. We may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing or using this Website for any reason
- Use of Content and Intellectual Property
The content of the Website, the Reports and all intellectual property rights in the Website and in the Reports, including, without limitation, text, graphics, images, logos, brands, trademarks, button icons, software, its look and feel, information, content, sounds, music, video, audio, text, layout, compilation, arrangement, assembly and organisation thereof (collectively Content), are the property of the Company.
Unauthorised use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. You may not modify copies of any Content that You make, use the Content in any way that is fraudulent or unlawful, or use the Content in a manner that does not comply fully with these Terms.
You shall not copy or adapt the HTML code that the Company creates to generate any Content or the pages making up the Website.
Nothing you do on or in relation to the Website or the Content will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated herein.
We do not warrant the accuracy, reliability, suitability or currency of the Content. The Content published has been prepared without taking into account your specific objectives or needs. Before acting on any Content, commentary, articles or reports provided by the Company you should consider their appropriateness to your specific objectives, financial situation and requirements. We shall not be liable to any party as a result of any information, services, or resources made available as part of its reports or articles contained on this website.
If you print off, copy, download, modify or link any part of the Content available via the Website in breach of these Terms, your right to use the Website may be terminated immediately and you must, at the Company’s option, return or destroy any copies (electronic or otherwise) of the materials you have made.
- Accuracy of Information
While we use reasonable endeavours to provide accurate results and reporting, the information provided in the Website and /or the Report is a guide only and will in all likelihood not be complete for your purposes. The scope of the searches contained in the report spans where possible 10 years.
This Website and Report is by no means an exhaustive list of issues relevant to You when selecting a builder. Selecting a builder comes with inherent risks in terms of timing, costs and other matters and there are likely to be other issues relevant to You. We cannot and do not in any way make representations, warranties or in any way guarantee the conduct, performance, timeliness, pricing structures or any other matters in relation to any builder (including the builder you engage). The Company is in no way liable for any loss or damage you suffer as a result of engaging a builder. You expressly release the Company from any claim, loss or damage You suffer or might potentially suffer as a result of engaging a builder.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of Content. You acknowledge that any reliance on Content (including our Report) will be at your own risk.
We collate and publish information (including the Reports) on the basis of publicly available information and we do not verify the accuracy of such information. The Company has no liability or responsibility in relation to your reliance on our Content (including the Reports). Your reliance on such information is at Your own risk. The Company disclaims any liability and responsibility to the extent that the conduct of a builder is inconsistent with the contents of our Website or the Report (including relevant ratings etc). We have no way of controlling this and You acknowledge that Your experience with a builder may be different to the experience others have encountered.
We cannot guarantee the accuracy of the information contained in search results and acknowledges that websites administered by third parties may contain errors or omissions. For example, some government agencies remove negative information about individuals and businesses from public records after a prescribed time.
The Reports supplied are strictly not for publication or transmission. The search results are restricted to the builder’s history and reputation in the single Australian State or Territory that the Report has been requested for.
Commentary made within social media cannot be independently verified by the report writer. The report data must be used as part of a broad evaluation of the search subject.
Any adverse findings or events of concern should be discussed with a legal advisor, the building regulator and the builder in question before any final assessment should be made by You.
All searches, sources, and origin of information are clearly identified in the Reports and have not been altered in any way however publication of the Report may contravene State or Federal privacy or defamation laws.
Builder Monitoring: We endeavour to provide the most up to date information regarding court outcomes, Risk Ratings, default records and liquidation details for companies on the CreditorWatch database. Montoring Alerts are provided to clients within a reasonable time from change which is subject to the provision of updates from our database. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of Content. You acknowledge that any reliance on Content (including our Report and Monitoring Alerts) will be at your own risk and the Company is not laible to you for your reliance on or any damage suffered as a result of your actions based on the information provided.
- User Information
When You register for the Website, You will be asked to provide certain information, including, without limitation, a valid email address (your Information). You agree to provide accurate and complete Information and to keep us updated of any changes thereto.
You are responsible for maintaining the confidentiality of your Information, user identification name, password or any other piece of information as part of our security procedures (log-in information) and for keeping it secure. You shall be responsible for all uses of your registration, whether or not authorised by You. You agree to immediately notify the Company of any unauthorised use of your log-in information. We shall not be liable for any loss that you may incur as a result of someone else using your account or your password, either with or without your knowledge. We have the right to disable any log-in information, whether chosen by You or allocated by us, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms.
You release the Company (and our agents and employees) from claims, demands, costs (including legal costs) and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of our Website (including the Content and Reports).
We do not guarantee that the Website will be secure or free from bugs, viruses or other technologically harmful material. You are responsible for configuring your Information technology, computer programmes, software and platform in order to access the Website in a manner you deem appropriate and secure. You should use your own virus protection software.
We are under no legal obligation to, and do not, control the information provided by other Users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate.
Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information sent via the Website should be treated as non-confidential and may be intercepted and potentially read by others. The Company will have no liability to you in respect of any transmissions you send to it and you do so entirely at your own risk.
We expect that You will use caution and common sense, conduct all necessary further enquiries and obtain independent advice (where appropriate) when using the Website and its services. The Content may contain material inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Content. The use of the Website and its services and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time.
The Company is not liable for any claim, damages and/or consequential loss whatsover resulting from a delay in provision of Builder Monitoring updates outside the “reasonable timeframe” set in these Terms and Conditions for whatever reason.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material placed by You on the Website.
- Limitation of Liability
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits or contracts, goodwill, loss of income or revenue, loss or interruption of business, loss of bargain or opportunity or loss of anticipated savings resulting from your access to, use of, or inability to use the Website and the Content (including Reports) or the results of the use of the Website, any websites linked from it and any materials posted on or via it, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage or loss. Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed $10 dollars (AUD$10.00).
- Links to other Sites
Where the Website contains links or references to third party web sites or other sites, products, services and resources provided by third parties, these links and references are provided solely as a convenience to You and not as an endorsement, recommendation or guarantee by the Company of the contents on such third-party sites. The Company is not responsible for, and has no control over, the content of those sites products, services and resources and the Company does not make any representations or warranties, nor accept any responsibility, regarding them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). If You decide to access linked third party sites, You do so at your own risk. The Company will merely facilitate and introduce You to the relevant third party and accordingly we will not be responsible, nor liable, for any activity, communication, advice, recommendation or transaction between You and any such third party.
- Termination and Indemnity
The Company reserves the right to terminate Your registration at any time.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, costs and expenses, including without limitation reasonable legal fees, alleging or resulting from any breach of these Terms by You or any other liabilities arising out of Your use of the Website.
- Force Majeure
The Company shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
- Governing Law
These Terms are governed by the laws of Victoria and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and any Court competent to hear appeals from those Courts.
11. Refunds Policy
We offer a full refund for purchases made on our website in limited circumstances. A refund will only be made if it is found that the builder is not registered, at the time of placing an order, with the appropriate Australian State or Territory Building Regulator.