Terms & Conditions
Smartbuild Terms & Conditions
All Users of the Website, by their use of the website, agree to be bound by the Terms and Conditions and Policies of Smartbuild. Additional terms and conditions including the Advertiser Agreement apply to each relevant User. All information is provided in good faith, with no liability for inaccuracies. All prices listed are in Australian Dollars and include GST unless otherwise stated. Contact Smartbuild for any queries or to advise of any errors.
A person who wishes to advertise on Smartbuild must apply for registration by completing an online registration via the sign-up page. By submitting the registration form the person and their agents agree to be bound by the Terms and Conditions and Policies. In completing and submitting the registration form the User will warrant that all information in the registration is accurate, true and complete.
Smartbuild has the right to accept or reject, for any reason, any lodgement of an application from an advertiser for registration.
Smartbuild provides an online platform (www.smartbuild.com.au) that allows advertisers to advertise their goods and/or services and receive request for quotes for such goods and/or services requested by a person accessing the Website.
While Smartbuild will use reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week, it does not make any representations or warranties that access will be uninterrupted or error free. Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond Smartbuild's control. Smartbuild reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time. Users are not permitted to transfer any services or features purchased by them to any other person.
The User and Smartbuild are independent contractors with respect to each other and no agency, partnership, joint venture or employment relationship is intended or created.
The User acknowledges that usage of the Website is subject to the Content Policy (www.smartbuild.com.au/legal-policies.php) and hereby agrees to be bound by the terms of that policy.
5. PAYMENT AND REFUND POLICY
Premium Advertisers acknowledge that usage of the Website is subject to the Payment and Refund Policy (www.smartbuild.com.au/legal-policies.php) and hereby agree to be bound by the terms of that policy.
6. SECURITY AND ACCESS
The User acknowledges that it:
is responsible for maintaining the confidentiality and security of its Smartbuild user name and password (and acknowledges that it is solely responsible for all actions which take place using it's user name and password);
is wholly responsible for all activities that occur under its Smartbuild user name and password;
agrees to immediately notify Smartbuild of any unauthorised use of its Smartbuild user name or password; and
must ensure that it exits from the Smartbuild account at the end of each session.
Smartbuild may at any time request a form of identification to verify the Customer's identity and/or compliance with the Terms and Conditions.
7. TERMINATION, SUSPENSION AND LIMITATION TO ACCESS
Smartbuild at any time, without limitation reserves the right to without limiting the User's responsibilities under the Terms and Conditions and Policies, permanently or temporarily restrict or terminate the User's access to the Website for any reason by providing notice to the User by email (however, notice is not required where the User is in breach of the Terms and Conditions, Policies or Advertiser agreement).
8. AGREEMENT BETWEEN SUPPLIER OR TRADES PROFESSIONAL AND A PURCHASER
Smartbuild not involved.
Users acknowledge that Smartbuild has no involvement in transactions between an Advertiser and a purchaser of their goods in respect of the Website. Smartbuild, to the extent permitted by law, makes no warranties in relation to, the suitability, accuracy, quality, safety or legality of any advertisements or items advertised for sale on the Website.
The User acknowledges that it uses the Website at its own risk. Smartbuild will not be liable to the User or any person for any incidental or consequential damages (including, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data or business information) arising in connection with use of the Website or a Linked Website.
For the avoidance of doubt, Smartbuild is not liable for any damage to a User's computer or system or any interference which may occur in connection with any use of the Website or any other Linked Website. Users must take their own safety precautions to ensure that items they select for their use from the Website are virus free and free from all corruption software or code (including, worms) which may interfere with or damage the operations of their computer system.
As Smartbuild is not involved in the transactions between Suppliers and Users, Smartbuild is unable to guarantee the quality of any of the goods or services listed within the Website, the accuracy of the listings, or the ability of any person to provide or pay for listed goods or services. Smartbuild excludes all liability for any Loss incurred in affiliation to these.
The User acknowledges that it releases and indemnifies Smartbuild (and its employees and agents) against all actions, claims and demands including the cost of defending or settling any action, claim or demand which may be instituted against Smartbuild arising from the User's use of the Website, a breach of the Terms and Conditions or Policies, or the negligence of the User, its agents, employees or subcontractors or any other person for whose acts or omissions it is liable. As Smartbuild is not involved in the transactions between Users, this release and indemnity applies without limitation to disputes arising between Users.
In the event that Smartbuild's liability cannot be excluded by law, the maximum damages payable by Smartbuild will be limited in the case of a User, to the invoiced fees paid by the User in that calendar month.
10. AMENDMENT TO TERMS
Smartbuild may from time to time, change or add to the Website, these Terms and Conditions, the Policies, the information, products or services (including pricing) without any notice in which case, an amended version including the changes will be posted on the Website. The User acknowledges that Smartbuild will endeavour to keep the Website up to date, but Smartbuild will not be liable if any errors occur regarding any information contained on the Website and if that information is not up-to-date. The User acknowledges it is responsible for regularly reviewing the Terms and Conditions and Policies and hereby agrees that any use of the Website after any changes are made to the Terms and Conditions and Policies, will be deemed to constitute an acceptance of those changes. If the User objects to or is dissatisfied with any changes made to the Terms or Conditions or Policies, they may either discontinue use of the Website and/or terminate any existing agreement with Smartbuild.
11. DATA MANAGEMENT SECURITY
The Smartbuild website is hosted in a secure data centre with 24 hour surveillance. A critical concern for electronic commerce is the secure transmission of data. Smartbuild does not store sensitive credit card information on the Website to protect consumers. Furthermore, we have implemented a range of intrusion & fraud detection systems to alert our administrators in the event of a security breach.
12. DOES SMARTBUILD USE "COOKIES" ?
We offer certain features that are only available through the use of a cookie. You're always free to decline cookies if your browser permits. However, if you decline cookies, you may not be able to use certain features on the Website, and you may be required to re-enter your password repeatedly during a session.
Smartbuild uses session cookies to enable Users to make full use of the Website. The session cookie is a tiny text file stored on the Website, identified by a random number (SessionID) that is automatically generated by the Website. The SessionID is stored on the User's computer, which is transmitted to the website whenever they visit a page. The session cookie allows Smartbuild to authenticate User's when they login and track their preferences. The session cookie will automatically expire after 24 hours. The only information that is obtained from the User is their IP address, which is stored to assist the Police with fraud investigation if required. Please note that the session cookie allows the User to remain logged in to the site - Smartbuild recommends that the User leaves the Website by clicking on the logout button, as this will close their login on the Website. This is useful in preventing other people from using the User's login on their PC without their knowledge.
To help improve the quality of the Website and the services we provide, Smartbuild also utilises "persistent cookies" which are longer term cookies designed to store user preferences and website specific variables. Persistent cookies are stored on the User's computer. We do not store personal information in cookies. The use of "cookies" allows information about use of the Website to be collected by Smartbuild to provide more customised services to the User on subsequent visits to the Website. This makes navigating the Website more efficient for the User. The use of "cookies" is a standard industry practice.
THIRD PARTY COOKIES
14. TRADEMARK AND COPYRIGHT
Smartbuild®, ListingRank(TM), Profilerank(TM) and Smartlead(TM) are all registered or pending trademarks. All other logos, designs, trademarks and other content displayed on the Website have been authorised by the relevant User. The relevant User acknowledges, by their very use of such logos, designs and trademarks or other content to promote their products or services, that it will not infringe the intellectual property rights of any third party.
All the intellectual property rights on Smartbuild.com.au are the sole property of Smartbuild. Users must not in any form or by any means:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
(b) commercialise any information, products or services obtained from any part of the Website, without Smartbuild's prior written consent, other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) including the download or printing of advertisements or listings for private or non-commercial use.
If Smartbuild's trade mark is used in reference to it's activities, products or services, a statement attributing that trade mark to it must also be used. Users must not use Smartbuild's trade mark:
in whole or part of their own trade marks;
in association with products or services which are not Smartbuild's;
in a misleading or deceptive manner;
in a manner that discredits Smartbuild, it's information, products or services including the Website.
15. LINKED WEBSITES
The Website contains links to other websites not maintained or controlled by Smartbuild and such sites form no part of the Smartbuild site and are provided solely for convenience (and may not be current or maintained). Smartbuild makes no representations or warranties regarding third party websites, and does not endorse, approve or recommend those other websites for any information, products or services referred to on them, and accepts no responsibility for their content.
The Website may contain advertisements for other Users products and services. Those Users are responsible for the accuracy and content of the advertisements. The appearance of advertisements on the Website will not be construed as any endorsement, approval, recommendation, or preference by Smartbuild of the advertisers, or for any information, products or services advertised. Advertisements are required to comply with Smartbuild's Content Policy.
Smartbuild's failure or delay to exercise a right, power or remedy does not operate as a waiver of that right, power or remedy.
If any term is prohibited by or rendered unlawful or unenforceable under any law applied by a court of competent jurisdiction that term will be severed and deemed to be replaced with a provision or provisions which are not unlawful or unenforceable and which so far as is possible achieves the same economic or other benefit or protection for Smartbuild which the severed part was intended to achieve.
The Terms and Conditions remaining to be performed or capable of having future operation (including any indemnity, warranty or obligation of confidence) continue in force although these terms have otherwise been fully performed or terminated.
The Terms and Conditions and Policies are governed by and construed in accordance with the laws of Victoria, Australia. Smartbuild and the Users irrevocably and unconditionally submit to exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from those courts in respect of any litigation involving the Terms and Conditions or Policies.
The following definitions apply in the Terms and Conditions and Policies.
"Loss" means any loss, damage, cost or expense however caused, including through negligence which may be directly or indirectly suffered by any person.
"Advertiser" means any entity that offers goods or services for sale or rent, solicit funds, etc., by means of advertisements, company profiles, listings, banners or any other commonly known method of communication to potential customers or, Smartbuild website visitors on the Smartbuild website at www.smartbuild.com.au or Smartbuild's other marketing channels such as E-mail lists and any other commonly know method of marketing online and offline.
"Linked Websites" means websites of people other than Smartbuild.com.au which are hyperlinked from the Website.
"GST" has the meaning given to that expression in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Order" is the acceptance by a User of a Quote from a Supplier, Trades Professional or another User/Advertiser.
"Personal Information" means information from which a User's identity is made apparent.
"Advertiser agreement" means the agreement outlining the terms of advertising or listing a business on the Smartbuild website.
"Quote" is an offer by a User to provide services or goods requested from another User and received via the website (Smartbuild.com.au).
"Smartbuild" means Smartbuild.com.au (Smartbuild.com.au Limited ACN 117 204 305).
"Suppliers" means entities who are registered in accordance with the Suppliers' Terms and Conditions to provide products and services in respect of the Building Industry to the general public.
"Trades Professional" means a person or entity whose details are hosted by Smartbuild to provide trade services in respect of the Building Industry to the general public (and includes a trades person and trades professionals).
"User" means any person who accesses the Website, including Smartbuild Website Visitors, Advertisers, Suppliers and Trades Professionals.
"Website" means the whole or any part of the web pages located at www.smartbuild.com.au including the layout of this website, individual elements of design, underlying code elements, text, sounds, graphics, animation or any other content contained in this website.
In this document, unless the contrary intention appears:
(a) words importing any gender includes the other gender and the singular includes the plural, and vice versa; and
(b) a reference to a person includes a natural person, partnership, corporation, body corporate, association, governmental or local authority or agency or other entity.
SCHEDULE 1 - PREMIUM LISTING FEES
Premium listing fee's are $247 per year inclusive of GST payable on the anniversary of registration in advance.