Buildforms | Terms of Use

Terms of Use

Understand your rights and responsibilities when using our platform.

Recitals

A. Buildforms is the owner of the Products and Services and of the Intellectual Property Rights which relate to the Products and Services.

B. Buildforms agrees to supply You with the Products and Services, subject to these Terms of Use (Agreement).

C. Buildforms reserves all rights not expressly granted to You.

Operational Provisions

BY CREATING AN ACCOUNT YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT; AND (D) AGREE TO THE TERMS OF THE PRIVACY POLICY.

These Terms of Use replace the Buildforms End User Licence Agreement and the earlier Buildforms Terms of Use. They are the one agreement that governs Your use of the Products and Services and the Website, including app.buildforms.com.au.

Definitions of capitalised words are set out in clause 16.

1. Grant of Licence to Use Products and Services

1.1 Grant: Subject to the terms of this Agreement and payment by You of the Fees, Buildforms grants to You for the Term a non-exclusive and non-transferable licence to use the Products and Services for the Permitted Purpose (Licence). Buildforms reserves all rights not expressly granted to you.

1.2 Users: Except as provided for in clause 2, the Products and Services available under the Licence are only to be used by You.

1.3 Renewal: Your subscription renews automatically at the end of each Term (monthly or annual) for a further Term of the same length (Further Term), and the Fees for that Further Term are charged to your nominated card, unless You cancel before the renewal date. If You cancel, You keep access until the end of the Term You have paid for. Buildforms will give You at least 30 days' notice of any change to the Fees, and the new Fees apply from Your next renewal after that notice.

Free trials: A free trial does not become a paid subscription automatically. When Your trial ends, You choose whether to subscribe, and Your card is not charged unless You do.

1.4 No removal of Buildforms logo: Unless otherwise permitted in writing, You must not remove or cause to be removed any Buildforms logo, watermark or other Buildforms attribution in any Product.

2. Restrictions of the Right to Use Products and Services

2.1 Permitted Purpose: The Products and Services must only be used for the Permitted Purpose.

2.2 No right to distribute, transfer, resell, assign or sublicense: This Licence is granted only to You and persons employed by You, as applicable. You must not make available in any medium or manner, enable others to access, distribute, transfer, resell, assign, sublicense or otherwise deal with any Product or Service (or the related Intellectual Property) or any of Your rights under this Agreement (including but not limited to renting or leasing the Products or Services to third parties) unless You obtain Buildforms' prior written consent. Without limiting the generality of this clause 2.2:

(a) no other person is permitted to access, use, copy, distribute or modify any Products and Services (or related Intellectual Property) provided to You by Buildforms under this Agreement;

(b) You must not allow or invite third parties to download, extract or access, as a stand alone file or otherwise, any Product and Service available to You;

(d) You must not grant a security interest (or other encumbrance) in the Licence, the Products and Services or any of Your rights under this Agreement to any third-party; and

(e) Your Related Parties or Subsidiaries are not permitted to use Your Licence.

2.3 No reverse engineering: You must not copy, decompile, reverse engineer, dissemble, attempt to derive the source code of, modify or create derivative works of the Products and Services (other than for a Permitted Purpose) or associated Intellectual Property Rights, and You must not copy the layout of the Website or any software or code contained in it.

2.4 Employees: You may make Products and Services available to any person You directly employ, as applicable, but You must ensure that person complies with the terms of the Agreement and does not make the Products and Services available to anyone except Your employees. You are responsible and liable for any person that uses Your account access details.

2.5 Limits on use of Website: In Your use of the Buildforms Website and the Products and the Service, You must not:

(a) do anything to damage, interfere or disrupt access to the Buildforms Website, the Products and Services or do anything which might impair their functionality;

(b) publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;

(c) make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software;

(d) remove any content or information from the Buildforms Websites, other than that permitted under the terms of this Licence;

(e) obtain or attempt to obtain unauthorised access, through whatever means, to the Website;

(f) use the Website and the Products and Services other than in accordance with this Agreement; or

(g) attempt any of the above acts or engage, encourage or permit another person to do any of the above acts.

2.6 Breach: If You breach any of clauses 2.2 to 2.5 inclusive, Buildforms reserves its rights to terminate the Agreement in accordance with clause 7.1, restrict Your access to the Website and the Products and Services and/or take any other steps available to it at law.

3. Your Access to Products and Services

3.1 Access: Following the Commencement Date, You will be provided with access to the Products and Services. We will use our reasonable endeavours to ensure that our Website remains available and functional but cannot guarantee that this will be the case at all times. This includes where planned or unplanned maintenance occurs, or where there are difficulties in internet communications.

3.2 Downtime: Buildforms agrees that, wherever possible, all planned maintenance will be done out of normal operational hours to ensure optimal uptime of the Website. As soon as Buildforms becomes aware of any Fault, Buildforms will use reasonable endeavours to:

(a) allocate such resources as may be necessary to remedy the Fault; and

(b) otherwise take all reasonable steps to remedy the Fault so as to minimise any disruption to Your use of the Products and Services.

3.3 Expiry: Your Licence will expire at the end of the Term unless renewed in accordance with clause 1.3 and may be suspended or terminated earlier if You do not pay Your Fees or are otherwise in other breach of the Agreement in accordance with clause 7.1.

3.4 Confidentiality: This Licence is granted exclusively to You. You must keep and procure that each of Your employees keep details of Your Licence, Products and Services and account access details secure and confidential. Unless expressly permitted by the Agreement, or otherwise authorised in writing by Buildforms, neither You nor any of Your employees may share Your Licence, the Products and Services or Your Buildforms account access details with any person.

3.5 Notification: You must notify Buildforms immediately in writing if You become aware:

(a) that there is or has been an unauthorised use of Your Licence and account access details, or any other security breach relating to Your Buildforms account;

(b) of any claim by any person of any rights to any of the Products and Services or associated Intellectual Property Rights;

(c) of any actual, suspected or anticipated infringement of the Products and Services or associated Intellectual Property Rights.

3.6 Your security: You are responsible for all conduct carried out under Your Buildforms account and for maintaining the confidentiality of Your account and password information. You must effect and maintain appropriate levels of security (for example firewall, anti-virus, anti-malware and cyber security training for Your personnel) and take all reasonable steps that a prudent user in a similar situation would take to prevent misuse of, unauthorised access to, unauthorised alteration or downloading of, and damage or interference to, the Products and Services and the Website. To the extent permitted by law, Buildforms is not liable for any damages, costs or expenses arising from the misuse of Your account.

3.7 Location: The Products and Services are intended for use within Australia.

4. General

4.1 Buildforms is a platform of Applications for the building industry. It enables forms, contracts and other documents to be quickly populated using data imported through third party interfaces (such as Landgate) and data entered by You, and provides Applications to share and electronically sign documents, prepare specifications and addenda, manage supplier catalogues, schedule work and prepare estimates, along with other Applications Buildforms may add from time to time.

4.2 While Buildforms will quickly and conveniently populate forms and produce other Output for you, it is not intended to produce final Output that is ready for use without your review. Prior to sharing, signing, relying on or using any Output, it is your responsibility to manually check it to ensure that the information is correct and in context. If incorrect or mis-spelt data is entered by you, then errors will occur. Further, data may be pre-populated in incorrect fields. If this occurs, please let us know so that we can continue to improve the platform.

4.3 You are solely responsible for every form and other Output that is shared, signed or used, and for the consequent relationship with any party that receives it (to which Buildforms will not be a party). Please note that some forms will be legally binding contracts and by sharing the form with other parties, You accept all pre-entered data to be true and correct, whether entered by Buildforms or You.

4.4 You are responsible for checking with relevant entities and authorities the forms that are required to be used in your circumstances, and the applicable timelines and deadlines.

4.5 You are responsible for locating, reading, understanding and agreeing to any third party terms and conditions that are relevant to or apply to the preparation, lodgement and operation of a form.

4.6 We will not be liable for any loss or damage whatsoever suffered by you due to forms or other documents being incorrectly completed, shared, sent or signed, or due to specifications, schedules, estimates or supplier information being incomplete, out of date or incorrect. This includes incorrect forms being used, documents being sent to the incorrect parties or recipients, and late lodgement of forms.

4.7 If you provide us with a form that we build or code for you, we do not guarantee that the coded form will be completely correct, and it will be your responsibility to manually check the coded form to ensure that you are satisfied with it (or inform us of any issues), prior to using the form. Clauses 4.11 to 4.17 (Bespoke Documents) apply to any form built or coded by Buildforms and to any other document prepared by Buildforms for You.

4.8 You must use the Website in good faith for legitimate, lawful, bona fide purposes.

4.9 In the Agreement, Customer Data means data and material (including without limitation text, images and video material) that you submit to the Website, for whatever purpose.

4.10 You represent and warrant in relation to Customer Data that:

(a) you are authorised to provide the Customer Data;

(b) the Customer Data is correct, legitimate and provided in good faith;

(c) the Customer Data is not illegal and does not infringe any third party's legal rights including intellectual property rights;

(d) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; and

(e) the material and/or information is not the "passing off" of any product or service.

4.11 Bespoke Documents: In addition to the standard functionality of the Products and Services, Buildforms may from time to time, at Your request, prepare bespoke documents for Your use in connection with Your business (Bespoke Documents). Bespoke Documents may include, without limitation, form templates coded for Your use on the Website, specifications, schedules, notices, contract annexures, checklists, and other written or coded materials. Bespoke Documents are prepared as a convenience to You and may be prepared with the assistance of artificial intelligence or other automated tools.

4.12 No legal or professional advice: Buildforms is not a law firm, does not employ legal practitioners, and does not provide legal, engineering, financial, tax or other professional advice. No Bespoke Document, form output, communication or other material provided by Buildforms constitutes legal or other professional advice. Buildforms recommends that any Bespoke Document, and any form or document generated through the Products and Services which is intended for use in a legally binding context, be reviewed by an appropriately qualified independent professional (including, where relevant, a legal practitioner qualified to practise in the relevant jurisdiction) prior to Your use of the document.

4.13 No warranty for Bespoke Documents: To the fullest extent permitted by law, Buildforms gives no warranty, guarantee or representation, express or implied, as to the accuracy, completeness, currency, legal effect, enforceability, compliance with any law, standard, code or regulatory requirement, or fitness for any particular purpose of any Bespoke Document. Your decision to use, adopt, execute, annex to any contract, provide to any third party, or otherwise rely on any Bespoke Document is made independently by You, on Your own assessment, and at Your sole risk.

4.14 Currency of Bespoke Documents: Buildforms is not obliged, and does not undertake, to update, revise or maintain any Bespoke Document to reflect changes in law, regulation, industry standard, or the requirements of any authority or third party after the Bespoke Document has been delivered to You. It is Your responsibility to ensure that any Bespoke Document remains current, compliant and fit for purpose at the time of each use.

4.15 Amendment of Bespoke Documents: Any change made by You to a Bespoke Document after delivery (including without limitation completion of fillable fields, tickboxes, schedules or party details, or amendment of any clause) is Your sole responsibility. Buildforms has no responsibility for a Bespoke Document in its amended form.

4.16 Indemnity for Bespoke Documents: In addition to Your indemnity under clause 10.9, You indemnify Buildforms and its directors, officers, employees, agents and subcontractors, and undertake to keep them indemnified, from and against any Claims arising out of or in connection with:

(a) any Bespoke Document;

(b) Your use of any Bespoke Document; and

(c) any claim made against Buildforms by any third party in relation to a Bespoke Document (including without limitation any counterparty to a contract to which the Bespoke Document has been annexed, any statutory authority, or any building surveyor, insurer or professional adviser).

4.17 Written acknowledgment: Buildforms may, in respect of any particular Bespoke Document or category of Bespoke Documents, require You to sign a separate written acknowledgment recording the matters set out in clauses 4.11 to 4.16 before Buildforms delivers the Bespoke Document. Nothing in any such separate written acknowledgment limits or reduces Your obligations, or Buildforms' rights, under this Agreement.

4.18 Electronic Signing: When You use Electronic Signing, You:

(a) are responsible for confirming that each document can lawfully be signed electronically, and for arranging any signing, witnessing or execution requirements that cannot be met electronically;

(b) are responsible for sending documents to the correct people and for confirming the identity and authority of each person who signs;

(c) agree that Buildforms records information about each signing (such as names, email addresses, mobile numbers, verification codes, IP addresses, devices and the time of each step) to provide an audit trail, and may provide that audit trail to the parties to the document; and

(d) acknowledge that Buildforms provides the signing facility only and is not a party to, and gives no warranty about the validity or enforceability of, any document signed using it.

4.19 Estimating and scheduling: Estimates, prices, quantities, schedules, timeframes and similar Output are tools to assist You. Their accuracy depends on the information You enter and on third party data (such as supplier prices), which can change. You are responsible for checking them, and for the prices, timeframes and commitments You give to your clients. Buildforms is not liable for any loss arising from an estimate or schedule that is incomplete, out of date or incorrect.

4.20 Supplier and product information: Supplier catalogues, product details, images and prices in the Products and Services may be provided by suppliers, collected from public sources or prepared with the assistance of automated tools. Buildforms does not warrant that they are complete, current or correct, and You should confirm details with the supplier before relying on them.

4.21 Information about other people: If You enter or upload personal information about other people (such as your clients, owners, staff, suppliers or contractors), You warrant that You are entitled to do so and have told them, where required, that their information will be handled in accordance with the Buildforms Privacy Policy.

4.22 Changes to Applications: Buildforms may add, change or withdraw Applications and features from time to time. Some Applications or features may only be available on particular plans or for an additional Fee, which will be shown to You before You agree to pay it.

4.23 Artificial intelligence: Buildforms uses artificial intelligence and other automated tools (AI) in the Products and Services, including to populate, draft, check, summarise and categorise information, to build and update supplier catalogues, to assist with specifications, schedules and estimates, to suggest or carry out tasks, and to provide support. You acknowledge and agree that:

(a) any Output, information, suggestion, answer or task that is generated, completed or assisted by AI (AI Output) may be incomplete, out of date or incorrect, and may not suit Your circumstances;

(b) AI Output is not professional, legal, financial, engineering, building or other advice;

(d) You accept and use all AI Output entirely at Your own risk;

(e) to the extent permitted by law, Buildforms gives no warranty about AI Output and is not liable for any loss or damage arising from AI Output or from Your use of or reliance on it; and

(f) Buildforms may use third party AI providers, which may process information overseas, in accordance with the Buildforms Privacy Policy. Buildforms does not authorise those providers to use Your Customer Data to train their general-purpose AI models.

5. Fees

5.1 Fees: The Products and Services are only available to You on a subscription, project or product basis (including any Fees for particular Applications or features), unless otherwise notified to You in writing by Buildforms.

5.2 Payment: The Fees are payable by You to Buildforms at the beginning of your nominated subscription Term (monthly or annual), with the commencement of a new project nominated by You, or with the use of pay-only forms. Payment is to be made by credit card, unless otherwise agreed by Buildforms.

5.3 No cancellation: Subject to clause 5.4, all Fees are non-cancellable and non-refundable except as expressly set out in the Agreement.

5.4 Refund of Fees: If You are not in breach of the Agreement, and Buildforms elects to terminate the Agreement under clause 7.2, Buildforms will refund to You any pre-paid Fees relating to the portion of Term remaining as at the effective date of termination.

5.5 GST: All Fees exclude GST and other taxes unless expressly stated otherwise.

5.6 Late Payment: If a scheduled Fee payment is not made in full for any reason, You give Buildforms permission to charge a Late Payment Fee and/or, subject to clause 7.1, terminate access to the Products and Services provided under the Licence.

5.7 Overdue payments: If a payment owing by You remains overdue 14 days after its due date, Buildforms may suspend or terminate Your access to the Products and Services until the payment is made, and has no liability for any costs, losses or damages arising as a consequence.

6. Your Warranties

6.1 Warranty: You warrant that:

(a) any information You supply to Buildforms in respect of the Agreement is complete and correct. You must keep Buildforms informed of any change to Your information provided to us, including any change to Your contact details, or the details of a bank account or credit card used for payment;

(b) You will immediately notify Buildforms of any usage of any Products and Services outside the Permitted Purpose, and provide any other information reasonably requested by Buildforms;

(d) You will comply with the terms of, and all relevant laws relating to Your use of, the:

(i) Licence;

(ii) Products and Services;

(iii) Website; and

(iv) Privacy Policy.

7. Termination and Expiry

7.1 Breach: In the event of any breach of a term of the Agreement by You, and if such breach is capable of being rectified, has not been rectified within 15 Business Days of notice to You, Buildforms may, in its absolute discretion, elect to terminate the Agreement by notice to You.

7.2 Termination for convenience: Regardless of anything else in the Agreement, either party may terminate the Agreement upon giving the other party 15 Business Days notice in writing.

7.3 Consequences: Subject to clauses 7.4 and 7.5, if the Agreement is terminated under clauses 7.1 or 7.2 or expires under clause 3.3:

(a) the Licence immediately terminates and the Products and Services, and Buildforms account access details will no longer be available to You;

(b) You must immediately destroy, delete or return (at Buildforms' discretion) all Products and Services;

(d) You will only be entitled to continued use of the Products and Services, Buildforms account access details and additional Products and Services if Buildforms grants You a new licence.

7.4 Costs: Buildforms reserves all rights following termination of this Agreement, including any rights available to Buildforms to collect any outstanding Fees which may be owed by You. You will be liable for any costs incurred by Buildforms in enforcing its rights following termination of this Agreement.

7.5 Continuing obligations: After expiry or termination of the Agreement or a Licence, clauses 2, 4.11 to 4.23, 7.4, 8, 10, 11 and 14 will still be binding on You in relation to Products and Services licenced or obtained during the Term, and in relation to any Bespoke Document prepared by Buildforms for You during the Term.

7.6 Your data after Your subscription ends: Buildforms retains Customer Data (including Your forms, projects and documents) for twelve (12) months from the date Your subscription expires or this Agreement ends, and account, billing and payment records for seven (7) years, unless a longer period is required by law or for legitimate business purposes such as legal compliance or dispute resolution. Please download any Customer Data You need to keep before the end of the twelve-month period. At the end of that period Buildforms will securely delete or anonymise the Customer Data in its possession, custody or control, except where retention is required for those purposes, in which case it will be retained for the required duration.

8. Intellectual Property

8.1 Ownership: The Products and Services (including the functionality of the Products and Services), the Website and all of the content on the Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, and all associated Intellectual Property Rights, are owned by Buildforms (except for Customer Data and any material owned by third parties, such as the content of third party forms). Except for the limited Licence granted to You in clause 1.1, no ownership or Intellectual Property Rights in any Product and Service will pass to You. Buildforms reserves all of its Intellectual Property Rights.

8.2 Third party websites: The Website and the Products and Services may include links to third party websites that are not under Buildforms' control. Those links are provided for convenience only. Buildforms does not own the intellectual property rights in, make any representation about the accuracy or otherwise of, or accept responsibility for the content of those websites or the consequences of accessing them.

9. Maintenance and Customer Support

9.1 During the Term You may contact Buildforms Support with Your support queries. However, Buildforms cannot guarantee that it will be able to resolve any issue raised by You. Subject to clause 10.1, Buildforms has no obligation to provide You with any additional maintenance or support, but if Buildforms agrees to do so Buildforms may charge You reasonable additional fees for the additional maintenance and support provided to You by Buildforms.

9.2 If You have any questions about an order You have placed, please contact Buildforms Support at support@buildforms.com.au.

10. Warranty and Liability

10.1 Warranty: Buildforms warrants that the Products and Services are of acceptable quality as defined in the Australian Consumer Law.

10.2 Exclusion of Warranties: Subject to clause 10.1, the Website and Products and Services are provided "as is", and Buildforms and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose, and all conditions and warranties which would otherwise be implied into this Agreement whether at common law, by statute or in equity (save for this contractual exclusion clause).

10.3 Limit of Liability: To the extent permitted by law, Buildforms' liability for:

(a) a breach of a warranty under clause 10.1; or

(b) a breach of a warranty which is implied or imposed in relation to this Licence under legislation, will be limited to, at Buildforms' option, replacing or repairing the Products and Services or supplying Products and Services equivalent to the relevant Products and Services, or paying the cost of replacing or repairing the Products or Services.

10.4 No Liability for Claims: To the extent permitted by law, in no event will Buildforms be liable for any Claims of any kind arising from or connected with the use of the Website or the Products and Services, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages. You are responsible for the entire cost of all servicing, repair or correction required due to Your use of the Website or the Products and Services and whether in contract, tort (including but not limited to negligence) or otherwise. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Buildforms, or any Claims that result from mistakes, omissions, inaccuracies, distortions, interruptions, deletion or corruption of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Buildforms' records, programs or services.

10.5 No Guarantee of Currency of Products and Services: Buildforms does not warrant or guarantee that any of the Products and Services will be current, updated regularly or updated on any specific date or at any time.

10.6 Aggregate Limit: In no event will the aggregate liability of Buildforms, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Products or Services exceed any compensation or Fee You have paid, if any, to Buildforms for access to or use of the Products and Services over the 12 month period prior to the alleged default, breach or event giving rise to the liability.

10.7 No Representations: While Buildforms uses reasonable efforts to ensure the accuracy, correctness and reliability of the Products and Services and the Website, Buildforms makes no representations or warranties as to the accuracy, correctness or reliability of any Product and Service or content contained on the Website. If the Products and Services and the Website are subject to errors, omissions or inaccuracies Buildforms will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the Products and Services or the Website. It is Your own responsibility to ensure that the Products and Services and the Website meet Your specific requirements. Buildforms does not warrant that the Products and Services or the Website will operate uninterrupted or error-free, or that any error or defect will be corrected. You expressly acknowledge and agree that use of the Products and Services and the Website is at Your sole risk.

10.8 Viruses and security: Buildforms tries to ensure that the Products and Services and the Website are free from viruses and harmful code but Buildforms cannot guarantee that files You download or access from the Website will be free of contamination or destructive properties. Buildforms suggests You install and use appropriate and up to date anti-virus and anti-spyware at all times. Buildforms implements security measures to protect the Products and Services and its users, including encryption, firewalls and access controls, but You acknowledge that any software system may be subject to vulnerabilities, breaches or unauthorised access, and Buildforms cannot guarantee that unauthorised third parties will never defeat those measures or gain access to Your data or systems. To the extent permitted by law, Buildforms is not liable to You or any third party for any loss or damage (including loss of profits, goodwill, use or data) resulting from unauthorised access, a breach of security or any other security compromise.

10.9 Indemnity: You agree to indemnify Buildforms and its directors, officers, employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by Buildforms, which arise directly or indirectly out of:

(a) any breach by You or Your employees of any warranty or term of the Agreement;

(b) Your or Your employees' use of Products and Services and the Website; and

10.10 Australian Consumer Regulations: The warranty against defects in clause 10.1 is given by:

Buildforms Pty Ltd

Email: support@buildforms.com.au

In the event that the Products and Services are defective during the Term, then to claim under this warranty You must notify Buildforms of Your claim in writing to the Buildforms address above. You must bear the expenses of making a claim under the warranty. The benefits to You given by this warranty are in addition to Your other rights and remedies at law in relation to the Products and Services to which the warranty relates. The Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

10.11 Matters You are responsible for: To the extent permitted by law, Buildforms is not liable for any loss of profits or any damages of any kind that are the consequence of:

(a) an act or omission in respect of something that You are responsible for under this Agreement;

(b) You acting, or failing to act, on any information contained in or referred to in the Website, the Products and Services or any linked website;

(d) the defamatory, offensive or illegal conduct of any other user of the Products and Services.

10.12 Rights that cannot be excluded: Nothing in this Agreement excludes, restricts or modifies any right, remedy, guarantee or liability that cannot be excluded, restricted or modified by law, including under the Australian Consumer Law.

11. Privacy Policy

11.1 Buildforms is committed to protecting Your privacy. Buildforms' Privacy Policy is available at https://www.buildforms.com.au/privacy-policy. Please refer to it for information on how Buildforms collects, uses and discloses personal information. Buildforms will use any data supplied by You as set out in Buildforms' Privacy Policy.

12. Promotional Offers

From time to time Buildforms may make promotional offers to vary the pricing of the Products and Services. Promotional offers will be subject to the terms of the Agreement.

13. Force Majeure

13.1 Force Majeure Event: If a party is unable to perform or is delayed in performing an obligation under this Agreement (except for any obligation to pay money, including Fees) because of an event beyond that party's reasonable control (Force Majeure Event):

(a) that obligation is suspended but only so far and for so long as that party is affected by the Force Majeure Event; and

(b) the affected party will not be responsible for any loss or expense suffered or incurred by the other party as a result of, and to the extent that, the affected party is unable to perform or is delayed in performing its obligations under this Agreement because of the Force Majeure Event.

13.2 Notice of Force Majeure Event: If a Force Majeure Event occurs, the party affected by the Force Majeure Event must:

(a) promptly give the other party notice of the Force Majeure Event and an estimate of the non-performance and delay;

(b) take all reasonable steps to overcome the effects of the Force Majeure Event; and

14. Miscellaneous Terms

14.1 Buildforms customer: Subject to Your prior written consent (which consent shall not be unreasonably withheld), Buildforms may identify You as a Buildforms customer in Buildforms' business, promotional and advertising materials.

14.2 Additional Terms and Conditions: Any Additional Terms and Conditions form part of, and should be read in conjunction with, this Agreement. In the event of a direct conflict or inconsistency between the Additional Terms and Conditions and another part of the Agreement, the Additional Terms and Conditions shall prevail to the extent of that conflict or inconsistency. The Additional Terms and Conditions may be varied during the Term, as expressly agreed by You and Buildforms, in order to include further Products and Services as they become available for an additional Fee.

14.3 Changes to this Agreement: Buildforms may change this Agreement by emailing You at least 7 days before the change takes effect. The changed Agreement applies from that date. If You do not agree to a change, You may terminate this Agreement under clause 7.2 before the change takes effect. Any other variation of this Agreement must be agreed in writing by both parties.

14.4 Waiver: Any waiver of any terms of the Agreement will be effective only if in writing and signed by Buildforms. Any rights not expressly granted herein are reserved.

14.5 Severability: If one or more of the terms of the Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining terms will not be affected.

14.6 Entire Agreement: This Agreement:

(a) together with the Privacy Policy and any Additional Terms and Conditions, comprises the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement; and

(b) supersedes any prior agreement or understanding on anything connected with that subject matter, including the Buildforms End User Licence Agreement and earlier versions of the Buildforms Terms of Use.

14.7 Independent Legal Advice: You have had the opportunity before executing this Agreement to seek separate and independent legal advice concerning this Agreement including as to the effect the execution of this Agreement will have upon Your rights and obligations.

14.8 Governing Law: This Agreement is governed by the laws of Western Australia, Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.

14.9 Assignment: A party must not assign all or any of its rights under this Agreement without the prior written consent of the other party. That consent must not be unreasonably withheld.

14.10 Counterparts: This Agreement may be executed in counterparts, which taken together constitute one and the same document, and any party may enter into this document by executing a counterpart.

15. Parties

15.1 If You consist of more than one person, this Agreement binds each of You separately and any two or more of You jointly.

15.2 If You are a trustee, then You are bound both personally and in Your capacity as a trustee.

16. Definitions

In this Agreement:

Additional Terms and Conditions means any additional terms and conditions agreed in writing between You and Buildforms.

Bespoke Document has the meaning given in clause 4.11.

Buildforms means Buildforms Pty Ltd ACN 648 005 225 and all its related entities.

Buildforms Support means our support team at support@buildforms.com.au.

Business Days means any day other than a Saturday, a Sunday or a recognised public holiday in Western Australia.

Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.

Commencement Date means the date when You complete registration to the Buildforms platform and commence using the platform.

Customer Data has the meaning given in clause 4.9.

Corporations Act means the Corporations Act 2001 (Cth).

Fault means any fault, failure, error or defect which prevents You from accessing the Website, Products and Services, other than where access is prevented due to a planned outage, because of an unforeseeable event beyond our reasonable control or any conduct or activity undertaken by You or Your employees or agents.

Fees means the fees payable by You for the Term (monthly or annual) for the Subscription, the fees for adding new Projects to your purchased Subscription and the fees of adding new Forms to your purchased Projects within your subscription.

Further Term is the renewal of your subscription, either monthly or annual.

Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trademarks, names, logos, patents and patentable inventions, registered and registerable designs, rights to protect confidential information and any similar rights whether owned by a party at the date of this Agreement or acquired or developed later.

Late Payment Fee means a fee, as notified by Buildforms to You, corresponding to the costs incurred by Buildforms (including, without limitation, administrative and other costs) in recovering any payment not made by You on the due or scheduled date for payment. Late Payment Fees incur interest at the rate of 7.5% per annum.

Licence means the licence granted in clause 1.1.

Permitted Purpose means the use of Products and Services in accordance with this Agreement by You and Your employees (if any) in Your ordinary business and at all times excludes any Unlawful Purpose.

Products and Services means the Buildforms platform and every Application, feature and service Buildforms makes available to You, however accessed (including through the Website, the Buildforms app or any integration), but not including products and services provided by third parties.

Applications means the applications and modules that form part of the Products and Services from time to time, including (without limitation) digital forms, Electronic Signing and document sharing, specifications and addenda, supplier catalogues, scheduling and estimating.

Electronic Signing means the feature of the Products and Services that allows documents to be sent, viewed, signed and returned electronically.

Output means any form, document, contract, specification, addenda, schedule, estimate, price, report or other material produced or populated using the Products and Services.

Related Parties has the meaning given in the Corporations Act.

Subsidiaries has the meaning given in the Corporations Act.

Term has the meaning of monthly or annual software subscription for the use of Buildforms, commencing on the Commencement Date.

Unlawful Purpose means any unlawful purpose, including but not limited to stalking, harassing or intimidating any person or engaging in misleading or deceptive conduct or fraud.

Website means the Buildforms websites, including www.buildforms.com.au and app.buildforms.com.au.

You and Your have the meaning of the person/s registering to use Buildforms, thus acting as a sole trader, or as an authorised representative of an entity, not limited to a not-for-profit organisation, government or membership body, partnership, trust or Australian privately or publicly owned company. In the case of an entity greater than 1 person, the meaning will extend to and include all members invited and given access to Buildforms by that entity.

17. Interpretation

In this Agreement, reference to:

17.1 one gender includes the others;

17.2 the singular includes the plural and the plural includes the singular;

17.3 a person includes a body corporate;

17.4 a party includes the party's executors, administrators, successors and permitted assigns;

17.5 money is to Australian dollars, unless otherwise stated;

17.6 "including" and similar expressions are not words of limitation;

17.7 where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

17.8 headings and any table of contents or index are for convenience only and do not form part of this Agreement or affect its interpretation;

17.9 a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement;

17.10 if an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.

By clicking the "I accept" button or otherwise, You are entering into a binding contract with Buildforms on behalf of a company or other legal entity, beginning on the Commencement Date. You acknowledge that You have read and understand this Agreement and represent that You have the authority to bind such entity and all subsequent users approved and added by the entity to the terms of this Agreement.

Last Revision Date: 08 October 2026

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