Website Terms of Use

Introduction

The website at app.buildforms.com.au (“the Site”), is owned by Buildforms Pty Ltd ACN 648 005 225 (“Buildforms”).

By accessing the Site, you agree to the terms and conditions set out below (“the Terms and Conditions”). These Terms and Conditions may be updated from time to time. By accessing the Site, you agree to the Terms of Conditions applying at that point in time. It is your responsibility to check the Terms and Conditions for updates and revisions.

Location

1. The Site is intended for use within Australia.

Authorisation

2. If you are accessing the Site on behalf of a company or other organisation, you warrant and represent that you are authorised to do so, and that the company or other organisation agrees to be legally bound by these Terms and Conditions, the End User Licence and the Privacy Policy.

3. You represent and agree that you are of legal age to enter into this agreement.

Use of Site

4. Buildforms is a platform that enables digital forms to be quickly populated and substantially completed utilising information / data input by you (“Customer Data”) and by extracting data through API from Landgate and it assist with sharing the completed forms (together “the Purpose”).

5. While Buildforms will quickly and conveniently populate most fields within a form for you, it is not intended to produce the final draft without your intervention. Prior to accepting the contents of a form to be true and correct, it is your responsibility to manually check each data field to ensure that the information is accurate and in context. If incorrect or mis-spelt data is entered by you or imported by a third party API, 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.

6. You are solely responsible for every form that is completed and sent through Buildforms, which includes each consequent relationship with the entity that receives the form (to which Buildforms will not be a party). Please note that some forms will be legally binding contracts.

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

8. 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.

9. We will not be liable for any loss or damage whatsoever suffered by you due to forms being incorrectly completed, sent or signed. This includes incorrect forms being used, or forms being sent to the incorrect parties/recipients.

10. If you provide us with a form that we code for you, we do not guarantee that the coded form will be completely correct, and again 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).

11. You must use the Site in good faith for legitimate, lawful, bona fide purposes.

Intellectual Property

12. Buildforms own all intellectual property rights (including copyright) in the Site and the material on the Site (“Material”), other than with respect to Customer Data.

13. By using the Site, you hereby acknowledge and agree not to breach Buildforms' intellectual property and copyright by:

(a) copying the layout of the Site;

(b) copying any computer software or code contained in the Site;

(d) using, reproducing, duplicating or copying the Material in any form, other than for the Purpose.

Account and Security

18. You are responsible for maintaining the confidentiality of any account and password information you have for the Site. You are also responsible for all conduct carried out under such account. Buildforms is not liable for any damages, costs or expenses whatsoever arising from the misuse of your account.

19. You must effect and maintain appropriate levels of security (for example firewall, anti-virus, anti-malware and cyber security personnel training) and take all reasonable steps that a prudent user in a similar situation would take to prevent misuse, unauthorised access, unauthorised alterations, unauthorised downloading, damage and interference to the Site and the Material.

Linked Sites

20. The Site may contain links to other sites on the Internet owned and operated by third parties (“Linked Sites”) which are not under the control of Buildforms.

21. In relation to Linked Sites, Buildforms:

(a) provides the links for convenience only; and

(b) is not responsible for the material contained on the Linked Sites or the consequences of accessing such sites.

Privacy

18. Buildforms’ privacy policy is available at buildforms.com.au/privacy-policy (“Privacy Policy”) and forms part of the Terms and Conditions. You acknowledge and agree to the Privacy Policy (as updated from time to time) when you use the Site.

Customer Data

19. In the Terms and Conditions, “Customer Data” means data and material (including without limitation text, images and video material) that you submit to the Site, for whatever purpose.

20. By utilizing the Site, you acknowledge and agree to our data retention policy, which dictates that we shall retain user data for a maximum period of two (2) months from the date of expiry of your subscription, unless otherwise required by law or for legitimate business purposes.

21. At the expiration of the two-month retention period, we shall promptly and securely delete or anonymize all user data in our possession, control, or custody, unless retention of such data is necessary for legal compliance, dispute resolution, or other legitimate business purposes, in which case we shall continue to retain the data for the required duration.

22. By utilizing the Site, you acknowledge and agree that the security of any software system may be subject to vulnerabilities, breaches, or unauthorized access, despite our best efforts to maintain robust security measures.

23. You expressly understand and agree that we, our affiliates, directors, officers, employees, agents, and licensors shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from any unauthorized access, breach of security, or any other security compromise related to the Site.

24. Buildforms make no warranties, express or implied, regarding the security, reliability, accuracy, timeliness, or performance of the Software. You expressly agree that your use of the Software is at your sole risk and discretion.

25. While Buildforms implement strong security measures to protect the Site and its users, including encryption, firewalls, and access controls, Buildforms cannot guarantee that unauthorized third parties will never be able to defeat those measures or gain access to your data or systems.

26. 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.

Disclaimers and Limitations of Liability

26. Buildforms is making the Site available for the Purpose without assuming a duty of care to users. Buildforms gives no warranty, guarantee or representation about the accuracy, reliability or timeliness of the Site or the Material.

27. To the full extent permitted by law Buildforms disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any functionality or information (including Material) contained in or referred to in the Site and/or any Linked Sites; and

(b) merchantability or fitness for any particular purpose for any service or product contained or referred to in the Site and/or any Linked Sites.

28. Buildforms will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of:

(a) an act or omission with respect to something that you are responsible for pursuant to the Terms and Conditions or the End User licence;

(b) you acting, or failing to act, on any information contained in or referred to in the Site and/or any Linked Sites;

(c) you failing to comply with and observe all present and future laws (including statutes, rules, regulations, proclamations, ordinances or by-laws present or future of the State and, where applicable, the Commonwealth) and requirements which relate to you or your property; and

(d) you using or acquiring, or your inability to use or acquire, any service or product contained or referred to in the Site and/or any Linked Sites.

29. Buildforms does not warrant, guarantee or make any representation that:

a) the Site, or the server that makes the site available on the Internet, are free of software viruses;

b) the functions contained in any software contained in the Site will operate uninterrupted or are error-free;

c) any errors or defects in the Site will be corrected.

30. Buildforms is not liable to you for:

(a) errors or omissions in the Site or any Linked Sites;

(b) delays to, interruptions of or cessation of the services provided in the Site; or

whether caused by the negligence of Buildforms, its employees or independent contractors or by any other cause.

31. Buildforms and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind that you incur, arising directly or indirectly, from your use of the Site or the Material.

32. Nothing in the Terms and Conditions is intended to exclude any liability which cannot be excluded by law.

Indemnity

33. You indemnify Buildforms and undertake to keep Buildforms indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) incurred or suffered by Buildforms arising out of any breach by you of, or failure by you to strictly comply with, any provision of the Terms and Conditions or the End User Licence.

Termination of access to Site

34. Buildforms may terminate your access to the Site if you fail to comply with the Terms and Conditions or the End User Licence or a payment owing by you remains overdue after 14 days from the due date. Buildforms has no liability for any costs, losses or damages of any kind arising as a consequence of your access being terminated.

Variation

35. Buildforms may amend the Terms and Conditions from time-to-time. The amended terms and conditions will apply to the use of the Site from the date of the publication of the revised Terms and Conditions on the Site. Please check the Site regularly to ensure you are familiar with the current version.

Assignment

36. Buildforms may transfer, sub-contract or otherwise deal with its rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent.

37. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions without the consent of Buildforms.

Severability

38. If any part of the Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.

Jurisdiction

39. The Terms and Conditions are governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Terms and Conditions.

Last Revision Date: 01 June 2024