Terms Of Use

---

‍1. OUTLINE

‍1.1 These Platform Access Conditions govern your use of and access to the Platform.
1.2 By using the Platform, you agree to these Platform Access Conditions.
1.3 If you do not agree to the Platform Access Conditions, you may not use the Platform.
1.4 We may change, vary or modify all or part of these Platform Access Conditions at any time in our sole discretion.
1.5 If we adopt new Platform Access Conditions:
1.5.1 we will post the new Platform Access Conditions on the Platform; and
1.5.2  they will thereupon apply to your use of and access to the Platform  through your acceptance of them by subsequent or continued use of the  Platform.
1.6 It is your responsibility to check these Platform Access Conditions periodically for changes.
1.7  If you object to any variation to these Platform Access Conditions,  your only remedy is to immediately discontinue your use of the Platform.
1.8 By using the Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
1.9  As long as you comply with these Platform Access Conditions, we grant  you a personal, non-exclusive, non-transferable, limited privilege to  enter and use the Platform.
1.10 These Platform Access Conditions were last updated on 9 February 2021.

‍2. PRIVACY
2.1 The Privacy Policy applies to your use of the Platform and its terms form an integral part of these Platform Access Conditions.
2.2 The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes on the Platform.
2.3 The Privacy Policy can be found on the Platform.
2.4  You acknowledge and agree that transmissions on the internet are never  completely private or secure and you understand that any message or  information you send to or download from the Platform (where permitted)  may be read or intercepted by others.

‍3. PRODUCTS + SERVICES
3.1  The Products + Services Conditions apply to purchases of Products  and/or Services and, where relevant, to the use of specific portions or  features of the Platform (as may be relevant).  
3.2 You agree to abide by such Products + Services Conditions.
3.3  Our obligations, if any, with regard to the Products + Services are  governed solely by the Products + Services Conditions pursuant to which  they are provided and nothing on the Platform should be construed so as  to alter such Products+ Services Conditions.
3.4  We may make changes to any Products + Services offered on the Platform,  or to the applicable prices for any such Products + Services, at any  time, without notice (except as may be applicable under relevant  Products + Services Conditions).
3.5  The Content on the Platform with respect to Products + Services may be  out of date and we make no commitment to update such Content on the  Platform.
3.6 Products + Services  Conditions may be changed from time to time and are effective  immediately upon posting such changes on the Platform.

‍4. ACCESS TO PLATFORM
4.1  While we use reasonable endeavours to ensure that the Platform is  available continuously, we do not make any representations, statutory  guarantees or warranties that your access will be uninterrupted, timely,  secure, error free, or that any defects will be corrected, or that your  use of the Platform will provide specific results or benefits.  
4.2 The Platform and its Content is delivered on an as-is and as-available basis.
4.3  Your access to the Platform may be suspended without notice in the case  of system failure, maintenance or repair, or any reason beyond our  control or simply because we wish to do so.
4.4  Except as expressly provided otherwise in the Platform Access  Conditions, we reserve the right to change or discontinue any website,  page, functionality, feature or service (or part thereof) on the  Platform at any time.
4.5 We cannot  ensure that any files or other data you download from the Platform (if  you are permitted to do so) will be free of viruses or contamination or  destructive features.

‍5. PLATFORM CONTENT
5.1 The Platform contains Content that is protected by our Intellectual Property Rights.
5.2  Except as expressly provided otherwise in any relevant Products +  Services Conditions, you do not have any right, title or interest in or  right of use of any Content on the Platform.
5.3  Except as expressly provided in these Platform Access Conditions or any  relevant Products + Services Conditions, no part of the Platform or  Content (other than a temporary copy held in your computer's cache) may  be copied, stored, altered, reproduced, republished, uploaded, posted,  publicly displayed, encoded, translated, transmitted or distributed in  any way (including mirroring) to any other computer, server, website or  other medium for publication or for any commercial enterprise or use,  without our express prior written consent.
5.4  You may however use information within our Products + Services  purposely made available by us for downloading from the Platform,  provided that you:
5.4.1 do not remove any proprietary notice language in copies of such documents;
5.4.2  use such information only for your personal, non-commercial  informational purpose and do not copy or post such information on any  networked computer or broadcast it in any media; and
5.4.3 make no modifications to any such information.

‍6. USE OF THE PLATFORM
6.1 You must not:
6.1.1 use the Platform in breach of any applicable laws or regulations;
6.1.2 use the Platform (or Content obtained from the Platform):
a)  to transmit (or authorise the transmission of) "junk mail," "chain  letters”, unsolicited emails, instant messaging, "spimming," or  "spamming";
b) to impersonate any person or entity;
c) to solicit money, passwords or personal information from any person;
d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
e) for any unlawful purpose;
6.1.3  use the Platform to upload, post, transmit or otherwise make available  (or attempt to upload, post, transmit or otherwise make available) any  Material that:
a) is not your original  work, or which in any way violates or infringes (or could reasonably be  expected to violate or infringe) the intellectual property or other  rights of another person;
b) contains, promotes, or provides information about unlawful activities or conduct;
c)  is, or could reasonably be expected to be, defamatory, obscene,  offensive, threatening, abusive, pornographic, vulgar, profane, indecent  or otherwise unlawful, including Material that racially or religiously  vilifies, incites violence or hatred, or is likely to offend, insult or  humiliate others based on race, religion, ethnicity, gender, age, sexual  orientation or any physical or mental disability;
d) exploits another person in any manner;
e) contains nudity, excessive violence, or sexual acts or references;
f) includes an image or personal information of another person or persons unless you have their consent;
g) poses or creates a privacy or security risk to any person;
h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
i) contains large amounts of untargeted, unwanted or repetitive content;
j) contains restricted or password only access pages, or hidden content;
k)  contains viruses, or other computer codes, files or programs designed  to interrupt, limit or destroy the functionality of other computer  software or hardware;
l) advertises,  promotes or solicits any goods or services or commercial activities  (except where expressly permitted or authorised by us); or
m) contains financial, legal, medical or other professional advice;
6.1.4 interfere with, disrupt, or create an undue burden on the Platform or any systems, or networks connected to the Platform;
6.1.5  use any deep-link, page-scrape, robot, spider, or other automatic  device, program, algorithm, or methodology or any similar process to  retrieve, index, or in any way reproduce, modify or circumvent the  navigational structure, security or presentation of the Platform;
6.1.6 use the Platform with the assistance of any automated scripting tool or software;
6.1.7 frame or mirror any part of the Platform without our prior written authorisation;
6.1.8 use code or other devices containing any reference to the Platform to direct other persons to any other web page;
6.1.9  attempt to gain unauthorised access to any portion or feature of the  Platform, or any other systems or networks connected to the Platform or  to any of our servers, or to any of the Products + Services offered on  or through the Platform, by hacking, password mining or any other  illegitimate means;
6.1.10 probe, scan  or test the vulnerability of the Platform or any network connected to  the Platform, nor breach the security or authentication measures on the  Platform or any network connected to the Platform;
6.1.11  reverse look-up, trace, or seek to trace any information on any other  user of or visitor to the Platform to its source, or exploit the  Platform or any service or information made available of offered through  the Platform, in any way where the purpose is to reveal any  information, as provided for by the Platform;
6.1.12  use any device, software or routine to interfere or attempt to  interfere with the proper working of the Platform or any transaction  being conducted on the Platform or with any other person’s use of the  Platform;
6.1.13 except to the extent  permitted by law, modify, adapt, sublicense, translate, sell, reverse  engineer, decipher, decompile or otherwise disassemble any portion of  the Platform or cause any other person to do so; or
6.1.14 delete any attributions or legal or proprietary notices on the Platform.
6.2  We reserve the right, in our sole discretion, to suspend or terminate  your use or access to all or any part of the Platform, including if we  believe you are abusing the use of the Platform in any way, have  breached these Platform Access Conditions or Product + Service  Conditions or are no longer an active user of the Platform.

‍7. MATERIAL OF USER
7.1 By uploading, transmitting, posting or otherwise making available any Material via the Platform (where permitted), you:
7.1.1  grant us a non-exclusive, worldwide, royalty-free, perpetual, licence  to use, reproduce, edit and exploit the Material in any form and for any  purpose;
7.1.2 except where expressly  stated otherwise, also grant each user of the Platform a non-exclusive,  worldwide, royalty-free, perpetual, licence to use, reproduce, edit and  exploit the Material in any form for any purpose;
7.1.3 warrant to us that you have the right to grant the above mentioned licences;
7.1.4 warrant to us that the Material does not breach these Platform Access Conditions; and
7.1.5  unconditionally waive all moral rights (as defined by the Copyright Act  1968) which you may have in respect of the Material.
7.2 We reserve the right (but have no obligation) to:
7.2.1  review, modify, reformat, reject or remove any Material which you  upload, post, transmit or otherwise make available (or attempt to  upload, post, transmit or otherwise make available) that, in our  opinion, violates these Platform Access Conditions or otherwise has the  potential to harm, endanger or violate the rights of any person; and
7.2.2  monitor use of the Platform and store or disclose any information that  we collect, including in order to investigate compliance with these  Platform Access Conditions or for the purposes of any police  investigation or governmental request.
7.3  We are not responsible for, and accept no liability with respect to,  any Material uploaded, posted, transmitted or otherwise made available  on the Platform by any person other than us.
7.4  For the avoidance of doubt, we will not be taken to have uploaded,  posted, transmitted or otherwise made Material available on the Platform  simply by facilitating others to post, transmit or make Material  available, nor do we endorse any opinion, advice or statement made by  any person other than us.

‍8. THIRD PARTY WEBSITES + ADVERTISING
8.1  The Platform may feature or display links and pointers to websites  operated by third parties, which are provided solely as a convenience to  you. Such websites do not form part of the Platform and are not under  our control. We do not accept any responsibility in connection with any  such website. If you link to any such website, you leave the Platform  entirely at your own risk.
8.2 You must  not link to the Platform from any other website (or otherwise authorise  any other person to link from a third party website to the Platform)  without our prior written consent.
8.3  The Platform may feature or display third party advertising. By  featuring or displaying such advertising, we do not in any way represent  that we recommend or endorse the relevant advertiser, its products or  services.
8.4 If you contact a person  using functionality provided on the Platform, including via e-mail, we  do not accept any responsibility for any communications or transactions  between you and the relevant person.
8.5  From time to time, we may promote, advertise, or sponsor functions,  events, offers, competitions or other activities that may be conducted  offline and may be conducted by third parties. You participate in any  such activities entirely at your own risk. We do not accept any  responsibility in connection with your participation in activities  conducted by any third party. These communications and/or activities may  be subject to separate terms and conditions and are conducted in  accordance with the terms of the Privacy Policy.

‍9. CONTENT DISCLAIMER
9.1 You assume total responsibility for your use of the Platform and any linked independent third-party websites.
9.2  Except where expressly stated otherwise, Content on the Platforms is  provided as general information only. It is not intended as advice and  must not be relied upon as such. You should make your own inquiries and  take independent advice tailored to your specific circumstances prior to  making any decisions.
9.3 We do not  make any representation or warranty that any Content on the Platform  will be reliable, accurate or complete, nor do we accept any  responsibility arising in any way from errors or omissions.
9.4  We will not be liable for loss resulting from any action or decision by  you in reliance on the Content on the Platform, nor any interruption,  delay in operation or transmission, virus, communications failure,  Internet access difficulties, or malfunction in equipment or software.
9.5  You acknowledge that we are not responsible for, and accept no  liability in relation to, any other users’ use of, access to or conduct  in connection with the Platform in any circumstance.
9.6 Your sole remedy against us for dissatisfaction with the Platform or any Content or Material is to stop using the Platform.

‍10. EXCLUSIONS + LIMITATIONS
10.1  All express and implied representations, conditions, statutory  guarantees, warranties and provisions (whether based on statute, common  law or otherwise), relating to use of the Platform and these Platform  Access Conditions, that are not contained in it, are excluded to the  fullest extent permitted by law.
10.2  Any liability arising in relation to your use of the Platform, however  arising and whether for consequential loss or otherwise, including any  liability arising by virtue of any representation, statutory guarantee  or warranty, whether express or implied by law, is hereby excluded to  the fullest extent permitted by law.
10.3 No warranty or representation is given and we will not be liable for:
10.3.1 alterations to or interference with the Platform;
10.3.2 damage, loss or failure caused by unusual or non-recommended use or application of the Platform; or
10.3.3 loss caused by any factors beyond our control.
10.4  We will not be liable for any special, indirect, consequential or  economic loss or damage or loss of profits (in contract or tort or  arising from any other cause of action) of whatever nature howsoever  arising in connection with the Platform.
10.5  Subject to the foregoing, our total liability for breach of these  Platform Access Conditions and with respect to use of the Platform is  A$1.00.

‍11. NOTICE OF INFRINGEMENT
If  you wish to send us a copyright infringement notification, you will  need to identify the Content or Material(s) that you believe infringe(s)  your copyright, identify each copyright protected work in which you own  the rights and which you believe has been infringed, identify how each  copyright protected work has been or is being infringed and include your  contact information.
11.1 You must sign the notice and send it to [email protected].

‍12. GENERAL
12.1 Indemnity:  You indemnify and keep us indemnified in respect of all damages,  losses, costs and expenses (including legal costs) that we may incur as a  result of your use of, access to, conduct in connection with the  Platform and any breach or alleged breach of these Platform Access  Conditions.
12.2 Lawful purpose: You shall ensure that the Platform is used by you only for lawful purposes and in accordance with any applicable laws.
12.3 Binding:  These Platform Access Conditions shall bind our successors,  administrators and permitted assigns and your executors and permitted  assigns, or, being a company, its successors, administrators and  permitted assigns.
12.4 Assignment:  We may without notice to you assign, transfer and/or sub-contract our  rights and/or obligations (in whole or in part) under these Platform  Access Conditions.  You may not assign, transfer, hold on trust or  otherwise delegate any of your rights or obligations under these  Platform Access Conditions without our prior written consent.
12.5 Severability:  Each clause in these Platform Access Conditions is severable and if any  clause is held to be illegal or unenforceable, then the remaining  clauses will remain in full force and effect.
12.6 Waiver:   No failure, delay, relation or indulgence on our part in exercising  any power, right or remedy precludes any other or further exercise of  that or any other power, right or remedy.
12.7 Governing law: These Platform Access Conditions shall be governed by the laws of each state and territory of Australia.

‍13. INTERPRETATION + DEFINITIONS
13.1 Personal pronouns: Except where the context otherwise provides or requires:
13.1.1 the terms we, us or our refers to NSW Business Chamber Ltd (ACN 000 014 504) or its assignee or successor in title (as the case may be); and
13.1.2 the terms you or your refers to a user of the Platform.
13.2 Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
Affiliated Entities means  our subsidiaries, affiliates, Related Bodies Corporate, associated  entities and relevant partners as the case may be or the context  requires from time to time.
Content means  all text, graphics, user interfaces, visual interfaces, photographs,  illustrations, audio, video, trademarks, logos, sounds, music, artwork  and computer code including but not limited to the design, structure,  selection, coordination, expression, look and feel and arrangement of  such content contained on the Platform which is owned controlled or  licensed by or to us and is protected by Intellectual Property Rights.
Intellectual Property Rights means  all forms of intellectual property rights (whether registered or  unregistered) in copyright, designs, patents, trade marks, domain names,  trade secrets, know-how, confidential information, and all other  similar proprietary rights and all extensions and renewals thereof  anywhere in the world which currently exist and/or are recognised in the  future.
Material means  any material in which you have Intellectual Property Rights provided by  you for use on the Platform or in the production, development and  supply of the Products + Services to you including, but not limited to,  text, illustrations, photographs, audio, video, any combination of these  or other material.
Platform Access Conditions means  these terms and conditions of access to the Platform and any additional  terms, conditions, notices and disclaimers displayed elsewhere on the  Platform, as amended from time to time.
Platform means buildingadviceonline.com.au (as applicable).
Privacy Policy means the privacy policy of  Building Advice Online as amended from time to time, the most relevant  one for the purposes of this document being as found on the Platform.
Products + Services means the supply of products or services of or by Building Advice Online or its Affiliated Entities from time to time.
Products + Services Conditions means relevant and applicable terms and conditions for the supply of Products + Services.
Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).