PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

The following definitions apply to this User Agreement:

“Application” means the Buildlinks mobile (smartphone device) software Application the subject of this User Agreement;

“Builders” means builders, tradesmen and suppliers accessing the Buildlinks Application to connect with Customers requiring building works;

“Buildlinks” means the Application owned and operated by Applinks Pty Ltd (ACN 53 607 856 495);

“Customers” means the users accessing the Buildlinks Application to connect with Builders;

“Service” means the service provided by the Buildlinks Application. Buildlinks is an online building services marketplace connecting Customers with Builders regarding building jobs, allocating bookings and providing a rating system, as governed by this User Agreement;

“Users” means Builders and Customers subscribed to the Buildlinks Application;

“User Content” means textual, audio, and/or visual content and information submitted by users, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions.

1. INTRODUCTION

For the purpose of User Agreement, “Buildlinks” is owned and operated by Applinks Pty Ltd (ACN 53 607 856 495). This mobile Application and all its pages are owned and operated by Applinks Pty Ltd. Applinks Pty Ltd is registered under the Corporations Act 2001 (Cth) and our business address is at:

Buildlinks
PO Box 7303 Cloisters Square, Perth
Western Australia 6850

Users of the Service agree to the User Agreement upon acceptance through registration of a Buildlinks account. You agree to comply with all the Terms and Conditions set out in this User Agreement, when accessing or using our Service.

2. RIGHTS AND RESPONSIBILITIES OF BUILDLINKS AND USERS

• Buildlinks is an online building services marketplace that allows Customers to connect with third party Builders in relation to just about any building job in a variety of locations.

  All services provided by Buildlinks to you by means of your use of the Application are hereafter referred. The services include:

  • The acceptance of the Customer’s request for a Builder, but without prejudice to Buildlinks right at its sole and absolute discretion to decline any booking request you make;
  • Provision of a function to create a scope of works to send out to Builders;
  • Provision of availability of Builders;
  • Allocating each accepted booking to an available and qualified Builder via such means as Buildlinks may choose;
  • Receipt of and dealing with feedback, ratings, questions and complaints relating to bookings and services, which may be made to: support@buildlinks.com.au

Registration

• In order to access the Buildlinks Services, Users are required to download, install and register as members of the Buildlinks Application. When registering as a User, you must provide us with accurate, complete and up-to-date information as requested. All personal information provided to us will be treated in accordance with our Privacy Policy. Upon completion of this registration process you will be provided with an account, accessible by password.
• Users are wholly responsible for maintaining the confidentiality and security of their login and password.

Builders

• Builders must be accredited and over the age of 18 and legally able to work in Australia in order to register and advertise their availability on the Service.
• Businesses and organisations, including building companies and recruitment companies are not permitted to register as a Customer or Builder on the Service. The Service is for personal use of individual members only. The Service must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without our express consent.
• Buildlinks does not have control over and is not responsible or liable for the services provided by Builders referred to Customers through the Buildlinks Application.

Customers

• Buildlinks is NOT involved in any building or trade services agreement between Customers and Builders. The actual building relationship and contract for building or trade services is directly between the Customer and the Builder.
• Buildlinks has not vetted, and does not recommend, Builders listed on the Service. Customers are wholly responsible for all aspects of contacting, screening, selecting and engaging a Builder.

Building Relationship

• All Users are wholly responsible for complying with all applicable laws in relation to the building relationship.

Buildlinks is not responsible for the conduct of any User of the Service, either online or offline.

3. TERM AND TERMINATION OF THE CONTRACT

• This User Agreement between Buildlinks and Users is for an indefinite period.
• If you fail, or Buildlinks suspects on reasonable grounds that you have failed, to comply with any of the provisions of this User Agreement, Buildlinks, at its sole discretion, without notice to you may: (i) terminate your membership; (ii) permanently or temporarily modify your member profile; (iii) deactivate your membership; (iv) permanently or temporarily block your access to all or part of the Service; and you will remain liable for all amounts due under your account.
• In no event will you be entitled to any refunds of payments for chargeable services or features. We will review requests for refunds at our sole discretion.
• Buildlinks reserves the right to modify, suspend, or discontinue the services at any time without notice to you, and to the full extent permitted by law, Buildlinks will not be liable to you or any third party should it exercise such rights. Termination will not affect the services already acquired.
• Users can terminate their membership at any time by emailing support@buildlinks.com.au

CUSTOMER AND OR BUILDERS USAGE, REPRESENTATIONS AND WARRANTIES

• You may have rights under statute; the following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws.
• Buildlinks does not guarantee, represent or warrant that your use of its Service will be uninterrupted or error-free, and you agree that from time to time Buildlinks may remove the Service for unknown periods of time or cancel its service at any time without notice to you, where reasonably necessary to protect its interests.
• You expressly agree that your use of, or inability to use, the Buildlinks Service is at your sole risk. Buildlinks and all products and services delivered through the Buildlinks Application are provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties.
• In no case shall Buildlinks, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Buildlinks Application or for any other claim related in any way to your use of the Buildlinks Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Buildlinks Application, even if advised of their possibility.
• Buildlinks may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Buildlinks through the Service, the User Content. Any User Content provided by you remains your property. However, by providing User Content to Buildlinks, you grant Buildlinks a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Buildlinks business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
• Buildlinks shall use reasonable efforts to protect information submitted by you in connection with the Buildlinks services, but you agree that your submission of such information is at your sole risk, and Buildlinks hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
• You represent and warrant that:
  • you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Buildlinks the license to the User Content as set forth and above;
  • neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Buildlinks use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Buildlinks in its sole discretion, whether or not such material may be protected by law. Buildlinks may, but shall not be obligated to, review, monitor, or remove User Content, at Buildlinks’ sole discretion and at any time and for any reason, without notice to you.

Data Network

• You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Buildlinks does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
• Buildlinks will comply with individual’s requests regarding access, correction, and/or deletion of your personal data in accordance with applicable law.

5. INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND COPYRIGHT

• You agree that the Buildlinks Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Buildlinks Service, contains proprietary information and material that is owned by Buildlinks and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Buildlinks Service in compliance with this User Agreement. No portion of the Buildlinks Service may be reproduced in any form or by any means, except as expressly permitted in these terms. Except to the extent that applicable laws prevent Buildlinks restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Buildlinks Service in any manner, and you shall not exploit the Buildlinks Service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
• All copyrights in and to Buildlinks (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Buildlinks and/or its licensors, who reserve all their rights in law and equity. The use of the software or any part of the Buildlinks Service, except for use as permitted in this User Agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
• Buildlinks, the Buildlinks logo, and other Buildlinks trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Buildlinks. Other trademarks, service marks, graphics and logos used in connection with the Buildlinks Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

6. PAYMENT TERMS (INCLUDING NO REFUND POLICY, ROLL OVER SUBSCRIPTION)

• The Service is provided by Buildlinks to you free of charge. Buildlinks reserves the right to introduce a fee for the provision of the Services. If Buildlinks decides to introduce such a fee, Buildlinks shall inform you accordingly and allow you to either continue or terminate the Service at your option.
• The rates that apply for the building services, provided by the Builder can be found on the Buildlinks Application, and through the use of this Service. These may vary depending on what services you require and it is your responsibility to remain informed about the rates for the building services.

7. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION

Limitation of Liability

• Notwithstanding any other provision of this User Agreement, Buildlinks and its licensors reserve the right to change, suspend, remove, or disable access to any services, content, or other materials comprising a part of the Buildlinks Service at any time without notice. In no event will Buildlinks be liable for making these changes. Buildlinks may also impose limits on the use of or access to certain features or portions of the Buildlinks Service, in any case and without notice or liability.
• Buildlinks will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in this User Agreement will limit or exclude Buildlinks liability to you for personal injury or death caused directly by Buildlinks negligence.

Indemnification

• By accepting this User Agreement and using the Service, you agree that you shall defend, indemnify and hold Buildlinks, its affiliates, its licensors, and each of their officers, directors, other users, employees, lawyers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) arising out of or in connection with:
  • a) your violation or breach of any term of this User Agreement or any applicable law or regulation, whether or not referenced herein;
  • b) your violation of any rights of any third party, including Builders provided by Buildlinks arranged via Service, or
  • c) your use or misuse of the Service.
• The information, recommendations and/or services provided to you is for general information purposes only and does not constitute advice. Buildlinks will use reasonable endeavors to keep the Buildlinks Application and its contents correct and up to date but does not guarantee that (the contents of) the Buildlinks Application are free of errors, defects, corruption, hacking, malware and viruses or that the Buildlinks Application is correct, up to date and accurate.
• Buildlinks shall not be liable for any damages resulting from the use of (or inability to use) the Buildlinks Application (but to the exclusion of death or personal injury), including damages caused by malware, corruption, interference, hacking, viruses or any incorrectness or incompleteness of information or the Website or the Buildlinks Application, unless such damage is the result of any willful misconduct or gross negligence on the part of Buildlinks.
• Buildlinks shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the Buildlinks Application, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
• The quality of the building services provided by the builder obtained via use of the Buildlinks Application is entirely the responsibility of the Builder. Buildlinks under no circumstance accepts liability in connection with and/or arising from the building services provided to Customers, or any acts, actions, behavior, conduct and/or negligence on the part of the Builder. Any complaints about the building works or services provided to you should be submitted to the builder not to Buildlinks.

8. GOVERNING LAW AND JURISDICITION

• This User Agreement is governed by and must be construed in accordance with the laws of Western Australia and the Commonwealth of Australia.
• You and Buildlinks submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia in respect of all matters arising out of or relating to this User Agreement, its performance or subject matter.

9. DISPUTE RESOLUTION AND APPLICABLE LAW

• You and Buildlinks agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of this or previous versions of the User Agreement your use of or access to the Services, or any products or services sold or purchased through the Services will be resolved in accordance with the provisions set forth in this legal disputes section.
• You and Buildlinks agree that any and all disputes or claims that have arisen or may arise between you and Buildlinks relating in any way to this User Agreement or your use of the Buildlinks Application shall be resolved through informal mediation in accordance with the laws of Western Australia before entering into formal court proceedings.
• Any further dispute, claim or matter of difference arising out of or relating to the Service or User Agreement is subject to the exclusive jurisdiction of the Western Australian Courts.

10. GENERAL TERMS

Entire Understanding

• This User Agreement constitutes the entire agreement between the User and Buildlinks and governs your use of the Buildlinks Application and Service, superseding any prior agreements between you and Buildlinks. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Variation of Agreement

• Buildlinks reserves the right at any time to modify this User Agreement and to impose new or additional terms or conditions on your use of the Buildlinks Application. Such modifications and additional terms and conditions will be effective immediately upon notice to you and incorporated into this User Agreement. Your continued use of the Buildlinks Application will be deemed acceptance of the modified User Agreement.

Severability

• If an arbitrator or court decides that any part of this User Agreement is invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts shall remain in full force and effect.

Notice

• This User Agreement and any other Agreements, notices or other communications regarding your account and/or use of the Buildlinks Application may be provided to you electronically. You agree to receive all communications from Buildlinks in electronic form. Communications will be posted on our Application and/or sent to your primary email address.

 

Privacy Policy

Buildlinks is an Application of Applinks Pty Ltd trading as Buildlinks (referred to as ‘we’, ‘our’ and ‘us’ in this Privacy Policy). By using our services or tools (collectively Services), you agree to the terms of this Privacy Policy and our User Agreement and you consent to our collection, use, disclosure, retention and protection of your personal information as described in this Privacy Policy. 

 

Your privacy is very important to us. For that reason, please read the following details carefully and contact us, if you have any questions: support@buildlinks.com.au. 

Buildlinks respects your right to privacy and is committed to protecting your personal information. We comply with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Act) as amended to the highest standard (subject to exemptions that apply to us under that Act). 

This Privacy Policy governs the collection, use, disclosure and storage of all personal information you may supply to us through your conduct on the Buildlinks Application. This could be through you identifying yourself when requesting information to be sent to you, or when you register and subscribe to use the Buildlinks Application or when you complete any personal information asked of you, and through Cookies and similar technologies.

Personal Information

When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, if the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

Collection

The majority of information collected, processed and retained by Buildlinks is sourced from personal information provided via the Buildlinks Application or provided in person to employees, contractors, agents or representatives of Buildlinks or through your use of our Services. Additional personal information is sourced from public databases and publicly available information.

 

We collect your personal information to ensure that we provide you with the level of service you deserve. The type of information we will collect about you includes but may not be limited to:

Your name, 

Address, 

Phone Number/s, 

Email Address or other social media address,

Location information;

Photographs;

Internet Protocol (IP), Unique Device Identifiers (UDIDs) and other unique identifiers in specific circumstances;

Date of Birth;

Profession, occupation or job title;

Calendar of availability;

Contact lists and user’s social connections;

Credit card information / payment details;

Drivers licence / other verification documentation.

We also use cookies and various technologies to collect and store information which tells us about visitors to the Buildlinks Application. For example, we may collect information about the date, time and duration of visits and which pages of the Buildlinks Application are most commonly accessed or any such other information as is deemed reasonable.

Purpose

Buildlinks collects, holds, uses and discloses personal information, for the following purposes:

To enable us to perform our business activities and functions and to provide the best possible service experience on the Buildlinks Application; 

For Customers who engage Buildlinks to connect them with third party Builders in relation to a proposed building job, we will use your personal information for that purpose;

For Builders who engage Buildlinks to connect them with third party Customers in relation to their proposed building job , we will use your personal information for that purpose;

To communicate with you and provide you with news, information or advice about our existing and new services;

For any other purpose that you would reasonably expect Buildlinks to use or disclosure your personal information in the process of executing its functions and or activities;

For any other purpose specified to you at the time that the personal information was collected;

To investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our User Agreement or that you are or have been otherwise engaged in any unlawful activities; and or

As required or permitted by any law (including the Act).

We may use your information for current or future marketing and promotional purposes. By giving us your personal information, you are consenting to us contacting you via these methods. Each communication we send to you will provide details on how to unsubscribe.

If Buildlinks have collected and held personal information and no longer need that information for any purpose whatsoever, we will ensure that reasonable steps in the circumstances will be taken to destroy the information or to ensure that the personal information is permanently de-identified.

Retention

We retain your personal information for as long as we deem it necessary and relevant to our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws.

Disclosure

We may disclose your personal information to:

Our employees, related bodies corporate, contractors or external service providers for the operation of the Buildlinks Application or our business, fulfilling requests by you, and otherwise providing products and services to you, including without limitation, IT systems administrators and our professional advisers such as accountants, solicitors, business advisors and consultants;

Specific third parties authorised by you to receive information held by us;

To enforce our User Agreement;

To facilitate our marking and advertising activities;

The police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our User Agreement, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;

As required or permitted by any law (including the Act).

Unless required by law, we will not use or disclose any personal information about you to an unrelated third party without your consent. We will endeavour to take all reasonable steps to keep any information secure, accurate and up-to-date.

Choice

You have the right to decide how we use your personal information to communicate with you, send marketing material to you, provide you with personalised advertising and whether or not you wish to stay signed in to your account. 

 

Anonymity 

Under Principle 2 of the APPs, all individuals have the option to deal with Buildlinks through anonymity, or through the use of a pseudonym. 

The option is revoked in situations where it is impracticable for Buildlinks to deal with individuals who have not identified themselves or who have used a pseudonym. If you do not provide us with certain personal information, you may be unable to enjoy the full functionality of the Buildlinks Application.

Access and Correction

Principles 12 and 13 of the APPs allow you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above or log in to your account and update the relevant information.

Security

We take all reasonable steps in our efforts to protect and secure your personal information. All personal information is stored on secured servers, reducing the risks of misuse, interference and loss. All personal information is protected against unauthorised access, modification or disclosure through only allowing access to this information by formally authorised personnel. 

Although Buildlinks takes all reasonable steps to ensure security of personal information, including encryption of passwords, Buildlinks cannot guarantee the security of your personal information due to the unavoidable and inherent risks involved in the electronic storage and transmission of this information. Buildlinks will not be held responsible for events arising from unauthorised access to your personal information. We advise that you must take this into consideration when providing personal information.

If you suspect any misuse or loss of, or unauthorised access to your personal information, please let us know immediately.

Changes to this Privacy Policy

We may change this policy from time to time at our discretion, especially in line with changes in applicable regulations and legislation.

We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy at any time. You will be informed of any changes to this Privacy Policy.

Links

Buildlinks may contain links to other websites operated by third parties. We do not make any representations or warranties about third party websites that may be linked to or accessed from the Buildlinks Application. Third party websites are responsible for information you about their own privacy practices. 

Transfer out of Australia 

We may disclose your personal information to our related bodies corporate and external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the APPs in relation to that information.

Complaints

You can contact Buildlinks and speak with our Privacy Officer. You can contact us by emailing your complaint to: support@buildlinks.com.au 

If Buildlinks is unable to resolve your complaint to your satisfaction, you are welcome to refer your complaint to the Privacy Commissioner in your State capital. The Privacy Commissioner’s contact details are:

The Office of the Federal Privacy Commissioner

GPO Box 5218

Sydney NSW 1042

Fax: (02) 9284 9666

Further Information 

If you would like to obtain further information about privacy issues in Australia, please visit the Australian Federal Privacy Commissioner's www.privacy.gov.au website.