iBuildNew Terms and Conditions
Terms and Conditions
Welcome to ibuildnew.com.au (“our Website”).
These Terms and Conditions (Terms) govern your use of the services offered by iBuildNew Australia
Pty Ltd (ACN 604 058 415) trading as iBuildNew (iBuildNew, we, us, our) and form a binding contractual agreement
between us, and you. Other terms and conditions contained in our privacy policy (Privacy Policy) also form part of
the agreement with you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in
writing at info@ibuildnew.com.au before engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire
agreement between you and us and supersede all prior agreements, conduct, representations and understandings.
You confirm you have not entered into this agreement on the basis of any representation that is not expressly
incorporated into these Terms.
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ACCEPTANCE OF TERMS
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These are the terms on which we permit users (referred to
as User(s), you or your) to:
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access and use its website (https://www.ibuildnew.com.au),
including its subdomains (collectively the Website) and functionality made available
through the Website;
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view and interact with any content, information, communications, advice, text or other material on the
Website or any other content or functions which may be made available on the Website from time to time;
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upload Developer Content, as defined in clause 6.2(a), or Partner Content, as defined in clause 6.2(b),
to the Website and communicate with iBuildNew; and
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post, read and interact with reviews on the building professionals directory section of the Website.
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You agree to be bound by these Terms by:
- using, browsing or accessing any part of the Website; or
- becoming a Developer, a Home Buyer or Partner, as defined in clause 3.1, through the Website.
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iBuildNew may from time to time review and update these Terms to take account of new laws, regulations,
products, technology, or other reasons at our discretion. We will give you notice of updated Terms by
posting it on the Website. Your use of the Website will be governed by the most recent Terms posted at:
https://www.ibuildnew.com.au/terms-conditions.
By continuing to use the Website, you agree to be bound by the most recent Terms.
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Please note that if you are a Developer or a Partner, your use of the Website is also subject to the terms
and conditions applicable to the agreement between you and iBuildNew, and those terms shall prevail to the
extent of any inconsistency with these Terms. If you are a Developer who is a home builder, land developer
or an apartment developer, these Terms are subject to the terms of your particular Subscription Package
(as may be set out in your Listing, Marketing & Referral Agreement). If you are a Developer who is a building
professional and you have paid for a subscription to the building professionals online directory section of
this Website, these Terms are subject to the separate terms governing the creation and use of your online
directory profile. If you are a Partner, these Terms are subject to the terms of your category
partner agreement with iBuildNew.
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If iBuildNew updates the Terms in accordance with clause 1.3 and you believe that this change will have a
detrimental impact on you or on your use of the Website, you are entitled to terminate these Terms by
giving iBuildNew notice of your decision no later than 30 days after the effective date of the change by
contacting iBuildNew at info@ibuildnew.com.au with the subject
line "Termination for Change", with a description of your request to terminate and your contact details.
Any Subscription Package or category partner agreement you have may also be cancelled and you must no longer
access or use the Website.
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CHANGES TO THE WEBSITE
The Website is subject to change at any time without notice.
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REGISTRATION OF ACCOUNTS AND SUBSCRIPTION PACKAGES
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In this Agreement, unless indicated otherwise, all references to:
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Developer means home builders, land developers, apartment developers, other building professionals
and their agents, affiliates and representatives;
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Partner means an advertising or category partner of iBuildNew, being a business that we have a
cross-promotion relationship with including but not limited to insurers, finance brokers,
landscapers, conveyancers and any other business who may be of assistance to our Users;
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Home Buyer means an individual or entity that is intending to purchase a property, house & land package,
townhouse, home design, land lot, apartment, building service, etc. listed on our Website.
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The Website aims to be a resource for:
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Developers wishing to use the Website to list and promote the home designs, apartment designs,
house & land packages, land lots, townhouses, properties, apartments, apartment developments or
land developments on offer;
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potential Home Buyers wishing to use the Website to browse, search, review and select the home designs,
apartment designs, house & land packages, townhouses, properties, apartments, apartment developments,
land developments or land lots listed on the Website and to contact the relevant Developer;
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Home Buyers looking for a custom builder or building service on the building professionals online
directory section of the Website;
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other building professionals wishing to use the building professionals online directory section of this
Website to list and promote their business, products and services; and
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Partners wishing to promote their products and services on the Website.
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Although you may browse the Website without creating an account or providing your details, in order to access
certain features and functionalities of the Website (such as to upload Developer Content or Partner Content,
post reviews to the building professionals directory section of the Website, save your favourite home or
apartment designs, apartment or land developments, or land lots, or generate a comparison report) you will
have to register as a Developer, as a Home Buyer or as a Partner, through the Website by creating an account
(Account) and by providing all of the information required, including by entering an Account
password (Password), at registration.
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When creating your Account, you may be asked to provide your personal details, or connect your Account with a
third-party website account, including, but not limited to an account related to Google, Apple or Facebook.
This information will assist us in providing the services associated with the Website to you.
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You warrant that all information and data provided by you in the registration of your Account is accurate,
complete and up to date. You will promptly inform iBuildNew if there is any change to this
information or data.
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You must immediately notify iBuildNew of any Password which is lost, inoperable or used in an
unauthorised manner.
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If you are a Home Buyer, you may submit an enquiry to iBuildNew, either by submitting an enquiry form on our
Website or via our LiveChat on our Website, and our team of New Home Advisors will call you and provide information and
assistance in relation to your enquiry and, if relevant, refer you to a Developer or Partner, as
defined in clause 3.1(a) and(b).
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If you are a Home Buyer, you may contact the relevant Developer of a particular home design, apartment
design, house & land package, townhouse, property, apartment development, land development or land lot by
signing in to your Account (which includes entering your Password), and selecting the particular property or
design which you would like to enquire about. The Website will then generate an email containing all the
details of the property or design (including your selected inclusions), your contact details and other
information you provide, which will be automatically sent to the relevant Developer. You may be asked to
re-enter or confirm your name and contact details (such as your email address or phone number) before
the Website is able to send this email for you.
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If you are looking to engage a building professional, you may contact a particular building professional by
signing in to your Account (which includes entering your Password), and selecting the building professional
which you would like to contact. The Website will then generate an email containing all the details of your
query for the building professional, your contact details and any other information you provide, which will
be automatically sent to the relevant building professional. You may be asked to re-enter or confirm your
name and contact details (such as your email address or phone number) before the Website is able to send
this email for you.
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If you are a Developer, in order to upload Developer Content you will also have to comply with the terms set
out in your Developer subscription agreement or other agreement with iBuildNew.
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If you are a Partner, in order to upload Partner Content you will also have to obtain a Subscription Package,
as defined in clause 4, by contacting us at info@ibuildnew.com.au.
You will also need to follow the procedures set out in your category partner agreement before you are
permitted to upload Partner Content.
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If you are uploading Developer Content, Partner Content or Review Content, as defined in paragraph 8.2,
which involves or contains images of or references to a person(s), you warrant that the person is aware and
has consented to the use of that Developer Content or Partner Content in accordance with these Terms.
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You will be fully responsible for all acts and omissions of any person using your Password and Account,
as if they were your own acts and omissions. You agree that you will not share, disclose, or permit
disclosure of, your Password, let anyone else access your Account or do anything that would risk the
security of your Account. iBuildNew will not in any event be liable for any loss, damage, claims, costs or
expenses arising out of the use or misuse of your Password and Account, and you will indemnify iBuildNew
against all loss, damage, claims, costs or demands in this regard.
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You must notify us immediately if you become aware of any unauthorised access or use of your Account, or any
suspected fraudulent or deceptive activity involving your Account.
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You agree that if we disable or terminate your Account for any reason, you will not create another one
without our permission, whether through the use of your own personal details or those related to you or
created by you.
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We reserve the right to refuse registration of any Account, at our sole discretion.
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Your registration as a Developer or Partner (and your applicable Subscription Package) may be refused if
your Developer Content or Partner Content involves:
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any of the prohibited uses as set out in clause 8; or
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is otherwise deemed inappropriate in our absolute discretion.
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DEVELOPER AND PARTNER SUBSCRIPTION PACKAGES
A subscription package entitles you to upload Developer Content or Partner Content to our Website
(Subscription Package), but the actual range of Developer Content (including feature homes,
designs and other promotions) or Partner Content (including mortgage repayment calculators, energy estimation
tools, store locators and other advertising and offering tools) that can be uploaded and the extent of
interaction with Home Buyers and other Users of the Website that you will be allowed will depend on the
particular Subscription Package which you have selected.
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TERMINATION OF YOUR ACCOUNT
Without limiting clause 15, we may terminate your Account or licence to use the Website at any time immediately
by notice in writing if you breach any of these Terms.
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DEVELOPER CONTENT AND PARTNER CONTENT
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This clause 6 is subject to the terms applicable to the particular Subscription Package or category partner
agreement that applies to you. This clause 6 will apply to you too, but to the extent of an inconsistency
the particular Subscription Package or category partner agreement will prevail.
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When you become a Developer or a Partner registered on the Website and have a Subscription Package, you may
send to iBuildNew for upload or may upload directly (if consented to and facilitated by iBuildNew),
onto the Website, information and data regarding:
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if you are a Developer, the details and specifications of your home designs, apartment designs,
house & land packages, land lots, townhouses, properties, apartments, apartment developments or land
developments, including images (such as photographs and floor plans, where relevant), videos, your
business' name and logo, and other material, comment, content, communication or text
(including promotional wording for feature homes and other promotions you may wish to apply to your
home designs, apartment designs, house & land packages, land lots, townhouses, properties, apartments,
apartment developments or land developments to add to our Website. All material you send to iBuildNew for
upload, that you upload directly or that we upload from your website, in accordance with the licence
contained in this clause, onto the Website will be your Developer Content; and
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if you are a Partner, advertising for your business and tools that Users may use
(such as mortgage calculators, energy estimation tools and store locators), including images, videos,
your business' name and logo, and other material, comment, content, communication or text
(including promotional wording, articles, tools, applications and other promotions in relation to your
business that you wish to advertise) to add to our Website. All material you send to iBuildNew for
upload, that you upload directly or that we upload from your website, in accordance with the licence
contained in this clause, onto the Website will be your Partner Content,
and you hereby provide us with a perpetual, non-exclusive, royalty free, irrevocable, transferrable and
worldwide licence to locate and upload relevant information from your website or any other platform to which
you have provided us access.
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Any Developer Content or Partner Content you upload, that you send to iBuildNew to upload, or that, in
accordance with the licence in clause 6.2, you allow us to locate from your website and upload,
to our Website:
- can be accessed and viewed by the public; and
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can be used by us in accordance with the licence terms set out in clause 6.5 including to
promote our Website.
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You agree to be solely responsible for any Developer Content or Partner Content that is uploaded to the
Website. You warrant and represent that any Developer Content or Partner Content uploaded to the Website
will not violate these Terms and that iBuildNew denies liability to the full extent of the Law for any claim,
damage or loss which may arise from another User’s reliance on such content.
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You retain ownership of all intellectual property rights in the Developer Content or Partner Content that is
uploaded to our Website. By uploading the Developer Content or Partner Content you grant us a perpetual,
non-exclusive, royalty free, irrevocable, transferrable and worldwide licence to use, copy, communicate,
reproduce, display, publish, broadcast and transmit for the purpose of listing, promoting and advertising
on our Website.
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You consent to your Developer Content or Partner Content being altered, edited or adapted by us for any
reason including to ensure your Developer Content or Partner Content does not infringe these Terms.
To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the
Developer Content or Partner Content, by agreeing to these Terms, you provide an unconditional consent in
favour of us, our successors, assignees, licensees and any other person authorised by any of them to use and
deal with your Developer Content or Partner Content (whether or not currently in existence), to perform,
exhibit, reproduce and communicate any part of your Developer Content or Partner Content in any medium and
anywhere in the world without attributing you or any other person as an author of or contributor to that
Developer Content or Partner Content.
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Where the Developer Content or Partner Content uploaded by you or by us, in accordance with the licences set
out in clauses 6.2 and 6.5, to our Website, contains material from third parties, you warrant that you have
obtained the moral rights consents described in clause 6.6 above from such third parties.
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We may access or examine any Developer Content or Partner Content and at our discretion, move, remove, block,
modify, edit, refuse to upload or disable access to Developer Content or Partner Content which we consider,
in our reasonable discretion, to breach any Law or to be otherwise unacceptable.
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You acknowledge that we:
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have no responsibility or liability for the deletion or failure to store any Developer Content or
Partner Content uploaded by you or your representative or agent on the Website; and
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are not responsible for any Developer Content or Partner Content uploaded to our Website by you, your
representative or agent, or by us in accordance with the licence in clause 6.2, nor are we under any
obligation to monitor, move, remove, edit, refuse to upload or disable access to it.
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You represent and warrant that:
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you own the Developer Content or Partner Content or have the necessary licenses, rights, consents,
and permissions to publish the Developer Content or Partner Content that is uploaded on the Website;
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you have the right and power to grant the licences contained in clause 6.2 and 6.5 to us;
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the Developer Content or Partner Content uploaded by you will not infringe the intellectual property
rights of any third party; and
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you will not upload Developer Content or Partner Content that will cause you to breach these Terms,
in particular clause 8.
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You understand that we do not guarantee any confidentiality with respect to any Developer Content or
Partner Content you upload to our Website.
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You acknowledge and agree that we are under no obligation to take legal action in relation to, commencing,
defending, enforcing, settling or compromising (as appropriate) any infringement, claim or actions relating
to your intellectual property rights in Developer Content or Partner Content.
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IBUILDNEW CONTENT
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The Website is owned and operated by iBuildNew.
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The iBuildNew Content on the Website is for general information and promotional purposes only. iBuildNew does
not warrant or make any representations as to any third party products or services described or referred to
on the Website, including any Developer Content or Partner Content. Any use of iBuildNew Content, Developer
Content, Partner Content or other materials or information uploaded to the Website by another person or
organisation is at your own risk. iBuildNew will not be liable for any inaccuracies in data or information
presented on the Website. You should confirm any such data or information with the person or organisation
to which it relates.
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iBuildNew is not liable for the accuracy or content of any Developer Content or Partner Content.
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To confirm the details of a building professional, home design, apartment design, house & land package, land
lot, townhouse, property, apartment, apartment development or land development that you are interested in,
you should contact the relevant building professional or Developer via the online form on the Website.
To confirm any information contained in Partner Content, you should contact the relevant Partner whose
logo may appear within the Partner Content.
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The iBuildNew Content on the Website is obtained and developed from a variety of sources including but
not limited to collaborations with third parties and information provided by third parties under licence.
Inclusion of iBuildNew Content, Developer Content, Partner Content or other information uploaded by any other
person or organisation on the Website is not an endorsement of any organisation, product or service.
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If you have a complaint regarding any Developer Content, you should contact both iBuildNew and the relevant
Developer to which the Developer Content relates. iBuildNew's sole obligation will be to review any written
complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular
iBuildNew Content or Developer Content.
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If you have a complaint regarding any iBuildNew Content, Partner Content or other third party content,
contact us at info@ibuildnew.com.au setting out the details of
your complaint. iBuildNew's sole obligation will be to review any written complaint notified to it and, if it
sees fit, in its reasonable discretion, to modify or remove the particular iBuildNew Content, Partner
Content or third party content (as applicable).
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All intellectual property rights, including copyright, in the Website and iBuildNew Content
(excluding Developer Content or Partner Content) are owned or licensed by iBuildNew or any of its related
entities. You must not copy, modify or transmit any part of the Website or iBuildNew Content.
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The Website contains trademarks, logos and trade names of iBuildNew or third parties which may be registered
or otherwise protected by Law. You are not permitted to use any trade marks, logos or trade names appearing
on the Website.
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If you are a Home Buyer, iBuildNew grants you a non-exclusive and non-transferable licence to use the Website
for your own personal use, including to browse the Website for home designs, apartment designs, house & land
packages, land lots, townhouses, properties, apartments, apartment developments or land developments
available on the Website and make evaluations and comparisons according to your needs.
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If you are a Developer, iBuildNew grants you a non-exclusive and non-transferable licence to use the
Website for the limited commercial purpose of promoting your home designs, apartment designs,
house & land packages, land lots, townhouses, properties, apartments, apartment developments,
land developments, or products and services in connection with your profile in our building professionals
directory section of the Website to Home Buyers and the general public who access or use the Website, subject
to the restrictions specified in clause 8 and elsewhere in these Terms. It is not to be otherwise used for
commercial exploitation.
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If you are a Partner, iBuildNew grants you a non-exclusive and non-transferable licence to use the Website
for the limited commercial purpose of promoting your products and services (as set out in the particular
category partner agreement) to Home Buyers and the general public who access or use the Website, subject
to the restrictions specified in clause 8 and elsewhere in these Terms. It is not to be otherwise used
for commercial exploitation.
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PROHIBITED USES
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You agree that in accessing and using our Website, or uploading Developer Content, Partner Content or
Review Content (as defined in paragraph 8.2), you will not engage or attempt to engage in any
activities that:
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post, link to, or otherwise communicate or distribute any material or information of any kind which
brings iBuildNew or the Website into disrepute, or that questions or suggests that iBuildNew is not
independent from the Developers or Partners listed on the Website or any misleading, deceptive,
inappropriate, profane, defamatory, infringing, obscene, threatening, discriminatory, harassing,
abusive, offensive, racially or sexually vilifying, indecent or unlawful material or information
of any kind, or otherwise use the Website in a manner, which is unlawful or would infringe the rights
of another person including any intellectual property rights;
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subject to clauses 7.11 and 7.12, are commercial, including selling, marketing, advertising, or promoting
goods or services or exploits the Website for your own commercial or unlawful purposes or the commercial
or unlawful purposes of any other person (including the posting of advertisements, solicitors,
promotional materials, spam or any other materials that are contrary to our commercial or lawful
interests);
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download (other than page caching) or modify the Website or any portion of the Website;
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frame the Website without iBuildNew's express written permission;
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impersonate or falsely claim to represent a person or organisation;
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bypass (or attempt to bypass) any security mechanisms imposed by the Website;
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provides access or links to any material (including links to peer to peer network trackers/beacons)
which may infringe the intellectual property rights of another person;
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deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or
copyright marks on any material contained in the Website;
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knowingly posts or transmits or permits the posting or transmission of any material, which contains a
computer virus or other harmful data, code or material;
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solicit information (including login information) or access another Subscription Package; or
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post, link to, or otherwise communicate or distribute any material or information that we deem
inappropriate.
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When using the review function of our Website and posting, linking to or responding to reviews of building
professionals via our Website (Review Content), in addition to the terms and conditions
set out in clause 8.1 above, you agree that:
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the provisions of clauses 6.3 to 6.12 of these Terms apply in respect of your Review Content as though
the references to Developer Content and Partner Content also include Review Content;
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you will not post a fake or defamatory review, or create a fake account for the purposes of posting
the same;
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you will not compensate someone or be compensated by someone to post a review;
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you may alert iBuildNew to any post(s) you believe are fake, defamatory or otherwise objectionable, and
that iBuildNew's sole obligation will be to review the post(s) notified to it, and if it sees fit, in
its sole discretion, to modify or remove the particularly post(s); and
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iBuildNew reserves the right (but not the obligation) to remove any post(s) at its sole discretion.
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DISCLAIMERS
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The information on the Website, including but not limited to, in any publications and Developer Content and
Partner Content any information provided by us, our employees, agents, affiliates and representatives, and
our related bodies corporate and their employees, agents, affiliates and representatives, does not purport
to offer legal, financial, property or professional advice. Use caution and always seek professional advice
before acting on any information provided on the Website or that we provide directly to you.
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The content on the Website and any information we, our employees, agents, affiliates and representatives, and
our related bodies corporate and their employees, agents, affiliates and representatives, provide you is for
general information and promotional purposes only. We do not warrant or make any representations as to any
third party products or services described or referred to on the Website, including any Developer Content or
Partner Content.
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Any use of the content on the Website, including but not limited to, Developer Content, Partner Content or
other materials or information uploaded to the Website by another person or organisation is at your own risk.
You acknowledge and agree that we will not be liable for any inaccuracies in data or information presented on
the Website. You should confirm any such data or information with the person or organisation to which it
relates.
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It is your responsibility to independently verify the information made available on the Website. We make no
warranties that information on the Website is reliable, complete, accurate or up-to-date. Information on this
Website is subject to change.
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You acknowledge and agree that we are not liable for the accuracy or content of any Developer Content or
Partner Content.
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We rely on third parties to supply the Developer Content and the Partner Content and we therefore do not
warrant the quality or accuracy of the results. To the extent permitted by Law, you acknowledge and agree
that we have no liability arising out of any results or recommendations produced by the Website, and you
are solely responsible for the final choice of any property, house or apartment design, land lot, land or
apartment development that you may choose.
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We provide our Website and services on an "as-is" and "as available" basis and whilst every effort is taken
to ensure the service provided and the Website is accurate, we make no representations and give no guarantees
or warranties about the suitability, reliability, availability and/or accuracy of our services and the
content on Website for any purpose.
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You acknowledge and agree that the content on the Website is obtained and developed from a variety of sources
including but not limited to collaborations with third parties and information provided by third parties
under licence. Inclusion of Developer Content or Partner Content or other information uploaded by any other
person or organisation on the Website is not an endorsement of any organisation, product or service by us.
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You acknowledge and agree that the information on the Website is subject to change and is based on
information that was available to us at the time it was published.
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Information contained on the Website should not be relied upon and you should make your own enquiries and
seek legal advice in respect of any property or development listed on the Website or the information about
the property or development listing contained on the Website.
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Prices displayed on the Website are current at the time of issue, but may change at any time and are
subject to availability.
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You acknowledge and agree that we, our employees, agents, affiliates and representatives and our related
bodies corporate and their employees, agents, affiliates and representatives, are not responsible for
decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your
engagement of the Website or our services.
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We expressly disclaim any and all claims arising from any representations made, whether express or implied,
or reliance upon any representations made in relation to our recommendations, or information supplied to you.
You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations
and information supplied in connection with our services and in accordance with this Website.
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Any material downloaded or otherwise, or services obtained through the use of our Website is done at your
own discretion and risk, and you will be solely responsible for any damage to your computer system or other
device or loss of data that result from the download of any such material.
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Any testimonials and examples of our services, wherever published (online or in print) are not to be taken
as a guarantee that you will achieve the same or similar results.
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We do not represent or warrant:
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that your use of the Website will meet your requirements;
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that your use will be uninterrupted, timely, secure or free from error;
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the accuracy of any information obtained by you as a result of your use of the Website; and
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that defects in the operation or functionality of any part of the Website will be corrected.
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LINKS AND ADVERTISEMENTS
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The Website may contain links to other websites owned or operated by third parties, including websites
owned or operated by Developers or Partners. We have not reviewed all of the third party websites linked to
the Website and are not responsible for and will not be liable in respect of their content or accuracy
(including websites linked through advertisements). iBuildNew provides those links as a ready reference
for searching for third party products and services on the internet and not as an endorsement of those web
sites, their operators, the products, services or content that they describe.
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Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the Website are not
covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to
access third party websites linked to the Website, you do so at your own risk. iBuildNew is not responsible
for and will not be liable in respect of any incorrect link to an external web site, the content or operation
of those websites, or any of the goods, services or content that they describe.
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ACCESS AND COMMUNICATION
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Subject to the consumer guarantees provided for in the ACL, as defined in clause 13.2, iBuildNew does not
warrant that you will have continuous access to the Website. iBuildNew will not be liable in the event
that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades,
preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
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iBuildNew does not guarantee the delivery of communications over the internet as such communications rely on
third party service providers. Electronic communication (including electronic mail) is vulnerable to
interception by third parties and iBuildNew does not guarantee the security or confidentiality of these
communications or the security of the Website.
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iBuildNew does not provide, and has no control over, communications, networks or services, the internet or
other technology required or used across the Website and accepts no responsibility for any direct or indirect
loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
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PRIVACY
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Any personal information submitted by you through the Website, whether personal information of you or
another individual which you have the necessary consents to provide as contemplated by these Terms,
including but not limited to:
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if you are a Developer or Partner, any Developer Content or Partner Content;
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if you are a Home Buyer, information you provide (such as by submitting an enquiry to a Developer or
Partner or otherwise contacting the Developer or Partner) through the Website; and
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for all Users, information you provide in submitting Review Content through the Website,
will be collected, used and handled by iBuildNew for the purposes contemplated by these Terms and otherwise
for the Purposes set out in iBuildNew's Privacy Policy. The Privacy Policy forms part of these Terms
and can be found at https://www.ibuildnew.com.au/privacy.
You agree that, by using the Website or communicating with iBuildNew, you have read and understand these
Terms and the Privacy Policy, understood its contents and consented to these requirements.
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You must not upload any personal information of another individual to the Website unless you first make them
aware of iBuildNew's Privacy Policy and have their consent to upload such personal information.
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You acknowledge that if you contact a Developer or Partner through the Website, that Developer or Partner
will collect, use and disclose your personal information in accordance with that Developer's or Partner's
privacy policy. If you contact these third parties, you do so at your own risk. Subject to the
Privacy Act 1988 (Cth), iBuildNew is not responsible for and will not be liable in respect of any privacy
practices of the Developers or Partners listed or advertised on the Website.
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WARRANTIES AND LIMITATION OF LIABILITY
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Subject to clause 13.2, any representation, warranty, condition, guarantee or undertaking that would be
implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the
maximum extent permitted by law.
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Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on
you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth)
(ACL) or any other applicable law that cannot be excluded, restricted or
modified by agreement.
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Except as required by the ACL, the liability of iBuildNew for a breach of a non-excludable guarantee
referred to in clause 13.2 is limited, at iBuildNew's option, to:
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in the case of goods supplied or offered by us, any one or more of the following:
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the replacement of the goods or the supply of equivalent goods;
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the repair of the goods;
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the payment of the cost of replacing the goods or of acquiring equivalent goods; or
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the payment of the cost of having the goods repaired; or
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in the case of services supplied or offered by us:
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the supplying of the services again; or
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the payment of the cost of having the services supplied again.
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Subject to this clause 13 and the consumer guarantees provided for in the ACL, iBuildNew excludes all
liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with
these Terms, the Website, the iBuildNew Content, the products or services listed on the Website,
Developer Content, Partner Content, Review Content and all links to or from the Website and makes no
representation that the Website or the products or services listed on the Website will meet your
requirements or expectations.
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Subject to your rights under the ACL, iBuildNew will not be liable to you for any indirect, incidental,
special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of
business opportunity, loss of revenue, loss of data or loss of reputation (whether based on contract,
tort (including negligence), statute or otherwise) arising in connection with the Website, the iBuildNew
Content, the products or services listed on the Website, Developer Content, Partner Content, Review Content,
the conduct of any Users, all links to or from the Website or the goods and services advertised or referred
to on the Website.
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Subject to this clause 13 and your rights under the ACL, the maximum aggregate liability of iBuildNew for all
proven losses, damages and claims arising out of or in connection with these Terms or a supply under these
Terms, including liability for breach, in negligence or tort or for any other common law or statutory action,
is limited to $100.
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INDEMNITY
You will fully indemnify iBuildNew in respect of all loss, damage, costs, expenses (including legal fees on a
full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common
law (including negligence) or under statute, in connection with any of the following:
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- any breach of these Terms by you;
- your use of the Website;
- Developer Content, Partner Content or Review Content you post on the Website;
- any third party use of the Website through your Account (whether authorised or not);
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any claim relating to acts or omissions of any third party (including Developers or Partners listed on
the Website) you might engage; and
- your communications with iBuildNew.
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TERMINATION OF YOUR ACCESS TO THE WEBSITE
iBuildNew may at any time immediately suspend or terminate your access (including restricting access) to the
Website or any feature of the Website for any reason (including due to your breach or alleged breach of these
Terms) in its reasonable discretion and without prior notice. Any licenses, consents and indemnities given by
you and any limitations of our liability survive such termination. In the event of a termination by iBuildNew
of your Account or your access to the Website, a pro rata amount of any fees or amounts paid or pre-paid by
you to iBuildNew will be refunded, except if such termination is due to your breach or alleged breach of
these Terms.
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NO DISPARAGEMENT
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At all times, you must not make any public or private statement or comment, whether oral or in writing,
which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in
any respect a disparaging remark or representation about us and/or any of our services nor any statement that
is false and does or has the tendency to damage our reputation of by any method including but not limited
to any social media platform or review website anywhere in the world.
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Should you breach this clause, you hereby indemnify us in accordance with clause 14 above.
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JURISDICTION AND LAW
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria,
Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of
Australia in respect of all matters arising out of or relating to these Terms, their performance
and subject matter.
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INTERNATIONAL USE
We make no representation or warranty that any competition, offering or content accessible through the Website
are appropriate or available for use in locations outside Australia. You are not authorised to access the
Website from any location outside of Australia or where doing so would be illegal.
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SEVERABILITY
Each provision of these Terms is severable from the others and no severance of a provision will affect any
other provision.
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NO ASSIGNMENT
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You cannot transfer or assign your rights in accordance with these Terms, including any membership or
registration with us, without our prior written consent.
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We may assign or transfer our rights and obligations under these Terms at any time, upon prior written
notice to you of at least 4 calendar weeks.
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BINDING ON SUCCESSORS
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These Terms shall be for the benefit of and binding upon the parties and their heirs, executors,
successors and permitted assigns.
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NO ADVERSE CONTRACTION
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The contra proferentem rule and other rules of construction will not apply to disadvantage a party
whether that party put the clause forward, was responsible for drafting all or part of it or would
otherwise benefit from it.
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WAIVER
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No waiver by a party of a provision of these Terms is binding, unless made in writing.
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DISPUTE RESOLUTION
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If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in
accordance with this clause.
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Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in
writing of the nature of the dispute.
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In the case of claims against us, all notices are to be provided
to info@ibuildnew.com.au.
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If the dispute is not resolved by agreement within 30 business days of the Second Party receiving the notice
referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the
parties within a further 30 business days or failing agreement within that period, as appointed by the
executive director for the time being of the Australian Commercial Disputes Centre Limited.
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Once a mediator is appointed, the parties agree that:
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The costs of the mediator shall be borne equally between the disputing parties.
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The chosen mediator shall determine the procedures for mediation.
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The chosen mediator will not have the power or authority to make any other determination in
relation to the dispute.
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If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a
mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either
party may then commence such legal proceedings as it considers fit in relation to the dispute.
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Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief
from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is
necessary to protect their rights.
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Despite the existence of a dispute the parties must continue to comply with their obligations
under the contract.
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This clause survives termination of these Terms.
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CONTACTING US
If you have questions about the Website or the Terms, please contact us by
email at info@ibuildnew.com.au.
These Terms were last updated on 28 October 2020.