Terms and Conditions

1. About These Terms

These Terms and Conditions ("Terms") govern your access to and use of the BuildChecker platform, including the website at buildchecker.com.au, the BuildChecker web application, and any related services (collectively, the "Platform").

The Platform is operated by BuildChecker Pty Ltd (ABN 64 687 442 226) ("BuildChecker", "we", "us", or "our"), a company registered in Victoria, Australia.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform. We reserve the right to update these Terms from time to time. We will provide at least 14 days' notice of material changes via email to your registered address or by prominent notice on the Platform. Continued use of the Platform after the notice period constitutes acceptance of the revised Terms. If you do not agree to the changes, you may cancel your account before the changes take effect.

2. Beta Service

The Platform is currently provided as a beta service and is available exclusively for properties in Victoria, Australia. As a beta service:

• Features may be added, modified, or removed without prior notice.
• The Platform may contain bugs, errors, or inaccuracies.
• Service availability may be intermittent or interrupted for maintenance and updates.
• Data coverage and accuracy may vary across different areas and data types.
• We welcome feedback to help improve the service, but are under no obligation to implement suggestions.
• The Platform should not be used as the primary or sole information source for any property transaction during the beta period.

3. Account Registration and Security

To access the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and update your information to keep it accurate and complete.
• Keep your login credentials secure and confidential.
• Notify us immediately of any unauthorised access to or use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate any account at our discretion, including for breach of these Terms.

4. Subscriptions and Payments

The Platform offers both free and paid subscription tiers. For paid subscriptions:

• Subscription fees are as displayed on the Platform at the time of purchase.
• Payments are processed securely through our third-party payment provider (Stripe). We do not store your full payment card details.
• Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled before the renewal date.
• You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
• Refunds will be provided in accordance with your rights under the Australian Consumer Law. Additional refunds may be provided at our discretion on a case-by-case basis.

We reserve the right to change subscription pricing with reasonable notice. Existing subscribers will be notified of any price changes before their next billing cycle.

5. Permitted Use

You may use the Platform for your personal or internal business purposes to research and evaluate properties. You must not:

• Use the Platform for any unlawful purpose or in violation of any applicable laws.
• Reproduce, redistribute, sell, sublicense, or commercially exploit any data, reports, or content obtained from the Platform without our prior written consent.
• Use automated tools, bots, scrapers, or similar technologies to access or extract data from the Platform.
• Compile data from the Platform to create mailing lists, databases, or datasets for direct marketing or resale.
• Interfere with, disrupt, or place an unreasonable load on the Platform or its infrastructure.
• Attempt to gain unauthorised access to any part of the Platform, other user accounts, or related systems.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices.
• Use the Platform to develop a competing product or service.

6. Property Data and Information

The Platform aggregates data from various sources to provide property analysis and insights. You acknowledge and agree that:

• Property data, planning information, zoning details, overlay maps, and other content on the Platform is provided for general informational purposes only and does not constitute professional advice.
• Data is sourced from third-party providers including government agencies, and may not be current, complete, or accurate at the time of viewing.
• Planning regulations, zoning rules, and overlay requirements change over time. Information displayed on the Platform may not reflect the most recent amendments.
• AI-generated analysis and recommendations are indicative only and should not be relied upon as the sole basis for property purchase or development decisions.
• You should independently verify all information with relevant authorities (such as your local council, a licensed surveyor, town planner, or solicitor) before making any property or development decisions.

7. Victorian Data Licensing

The Platform incorporates data sourced from the State of Victoria, including data provided under licence from the Department of Transport and Planning and other Victorian Government agencies. In respect of this data:

• The State of Victoria owns or holds the intellectual property rights in the underlying data.
• The State of Victoria does not endorse, sponsor, or approve the Platform or any analysis derived from its data.
• The State of Victoria makes no warranties regarding the accuracy, completeness, or suitability of the data for any particular purpose.
• You must not use Victorian Government data obtained through the Platform in a way that breaches any applicable data licensing terms.

Contains information sourced from the Victorian Government. © The State of Victoria. This data is provided under the Creative Commons Attribution 4.0 International licence where applicable.

8. Intellectual Property

All intellectual property rights in the Platform, including but not limited to the software, design, layout, algorithms, AI models, branding, logos, and original content, are owned by or licensed to BuildChecker.

Your use of the Platform does not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform in accordance with these Terms.

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without restriction or obligation to you.

9. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Warranties that the Platform will be uninterrupted, error-free, secure, or free of viruses or harmful components.
• Warranties regarding the accuracy, reliability, or completeness of any property data, planning information, AI-generated analysis, or other content.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10. Limitation of Liability

To the maximum extent permitted by law:

• BuildChecker, its directors, officers, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use of or inability to use the Platform.
• This includes, without limitation, any loss of profits, revenue, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
• Our total aggregate liability for any claims arising from or related to the Platform shall not exceed the total amount of fees you have paid to us in the twelve (12) months preceding the claim, or AUD $100, whichever is greater.
• We are not liable for any loss or damage arising from your reliance on property data, planning information, or AI-generated analysis provided through the Platform.

Nothing in this section excludes, restricts, or modifies any liability that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law. Where our liability cannot be excluded but can be limited, our liability is limited to, at our election: (a) re-supplying the services; or (b) paying the cost of having the services re-supplied.

11. Indemnity

You agree to indemnify, defend, and hold harmless BuildChecker and its directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your violation of any law, or your infringement of the rights of a third party.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information. By using the Platform, you consent to the practices described in the Privacy Policy.

13. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may suspend or terminate your access if:

• You breach any provision of these Terms.
• We are required to do so by law.
• We decide to discontinue the Platform or any part of it.

Where we terminate your account without cause, we will provide at least 14 days' notice and will refund any prepaid subscription fees on a pro-rata basis for the unused portion of your billing period.

Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnity, and Governing Law) will continue to apply.

14. Dispute Resolution

If a dispute arises in connection with these Terms or the Platform, the parties agree to follow this resolution process:

1. Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation within 14 days of written notice of the dispute.
2. Mediation: If the dispute is not resolved through negotiation, the parties will attempt mediation administered by a mediator agreed upon by both parties, or failing agreement, appointed by the Resolution Institute (Australia).
3. Legal proceedings: If the dispute remains unresolved after mediation, either party may commence legal proceedings.

Nothing in this clause prevents a party from seeking urgent interlocutory relief from a court.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and BuildChecker regarding the Platform.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Notices: We may provide notices to you via email to the address associated with your account or by posting on the Platform.
• Force Majeure: BuildChecker will not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of government, natural disasters, internet or telecommunications failures, or the unavailability of third-party data sources or service providers.

17. Contact Us

If you have any questions about these Terms, please contact us at: