Always Check Your Builder is a provider of a wide range of information services.
Terms and Conditions
Terms & Conditions - Information Services
If they're not in business then you can't search - it's the law
- You Need to Obey the Law
- No Warranty
- Information and Business Decisions
- Intellectual Property
- No Copying or Sharing With Others
- Limitation and Exclusion of Liability
- Non-Excludable Rights
- Entire Agreement
It is illegal to run a background credit check on an individual in Australia without their prior written and informed
Always Check Your Builder's services are for people about to enter into business with an individual or business that is seeking to do business with you. As such, they are conducting business and are subject to a business evaluation not a personal evaluation or report.
If you use an information service provided by Always Check Your Builder, you agree to these terms and conditions ("Agreement").
Where you are accessing this service as an authorised representative (e.g. you are an employee of a company), you must provide a copy of this statement to each principal, company officer, partner, or other person that you represent.
This Agreement will bind that organisation and those people. "You" includes the organisation and the people represented. If your organisation is trading as a trust, you agree that the trustee will be liable for this information service and that the assets of the trust will be available to meet payment for this information service.
You Need to Obey the Law
You agree that you will collect and use all information which Always Check Your Builder furnishes to you ("Information") in compliance with all applicable laws.
Example 1: the Privacy Act 1988 (Cth) regulates the collection, use, storage and disclosure of personal information. The Privacy
Act requires you to comply with general principles.
Example 2: the Australian Consumer Law prohibits individuals and organisations from engaging in misleading or deceptive conduct and other unfair business practices. These are not the only laws that may apply to your use of Information. You must seek legal advice if you are unsure.
Information services are provided by Always Check Your Builder on an "as is" basis with no warranties as to content quality. This is because the Information may be sourced from third parties that Always Check Your Builder does not control and so the Information's accuracy and currency cannot be assured.
You agree that you will not rely on the Information, and you acknowledge that, to the extent permitted by law, Always Check Your Builder: (a) does not warrant or guarantee the timeliness, currency, accuracy, completeness, merchantability or fitness for a particular purpose of the Information; (b) takes no responsibility for any error, omission or defect contained in the Information.
This paragraph 3 is subject to any Non-Excludable Rights you may have (as described in paragraph 12 below).
Information and Business Decisions
You agree that all Information will be used as only one factor in your decision to engage or appoint a builder or business and will not be used to determine a person's or organisation's eligibility for credit or insurance. It is not fit for those purposes.
You also acknowledge that every business decision involves the assumption of a risk and that Always Check Your Builder in furnishing the Information to you "as is", does not and will not underwrite that risk, in any manner whatsoever.
The Information does not take account of your risks or particular business circumstances, and in all cases you must exercise your own business judgement.
You agree that this Information will not be used to determine an individual's eligibility for employment (which is different to engaging a builder or tradesperson in a business relationship).
Information ordered by you under this Agreement will be at the prices displayed at the time of your request. Where you are asked to provide your credit card details, you authorise Always Check Your Builder to charge your credit card with the total price indicated for Information ordered by you.
All Information is licensed to you and Always Check Your Builder retains all ownership rights (including copyright and all other intellectual property rights) in the Information.
This Agreement grants you a non-exclusive, non-transferable licence to use the Information for your internal business purposes only (subject to the limitations contained in this Agreement).
You obtain only such rights as this Agreement explicitly grants.
You further acknowledge that the Information, regardless of form or format, is proprietary to Always Check Your Builder and comprises: (a) works of original authorship, including compiled information containing Always Check Your Builder selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and/or trade secret information; (c) confidential or trade secret information provided to Always Check Your Builder by third parties; and (d) information that has been created, developed and maintained by Always Check Your Builder at great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Always Check Your Builder.
You must not commit or permit any act or omission by your agents, employees or any third party that would impair Always Check Your Builder’s proprietary and intellectual property rights in the Information.
You agree to notify Always Check Your Builder immediately upon obtaining any information regarding a threatened or actual infringement of Always Check Your Builder's rights.
No Copying or Sharing With Others
You agree not to reproduce, reveal, disclose, sell, or make the Information available to anyone else.
You must hold all Information in strict confidence.
You agree to indemnify, defend and hold harmless Always Check Your Builder from any claim or cause of action against Always Check Your Builder arising out of your breach of this Agreement or relating to use of the Information by individuals or entities who have not been authorised by this Agreement to have access to and/or use the Information.
Limitation and Exclusion of Liability
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by Always Check Your Builder of goods or services under this Agreement.
This Agreement does not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (a) contravene the relevant statute; or (b) cause any part of this agreement to be void or unenforceable.
To the extent permitted by law (including by the Australian Consumer Law): (a) all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under this Agreement; and (b) Always Check Your Builder is not liable (including in negligence) for any loss of profit, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or any indirect, consequential or special loss or damage incurred by you or any other person arising under or in connection with this Agreement or the provision, collection, interpretation, reporting, communication or delivery of any Information (even if you have been advised of the possibility of such loss or damage).
Subject to clause 13, and to the extent permitted by law (including by the Australian Consumer Law), Always Check Your Builder's total liability to you under or in connection with this Agreement (including in negligence) is limited, at Always Check Your Builder's option, and in the aggregate to: (a) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (b) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
This Agreement constitutes the entire agreement between you and Always Check Your Builder concerning its subject matter and is governed by and construed in accordance with the laws of the State of New South Wales.
If any term of this Agreement conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.
This Agreement is binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Always Check Your Builder
A DIVISION OF
Building Quality Australia Pty Ltd
ACN 600 060 802
PO BOX 3113