PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE BUILTGRID SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE AN AGREEMENT BETWEEN YOU AND BUILTGRID, AND IF YOU ARE AN AUTHORISED REPRESENTATIVE OF ANOTHER PERSON (I.E. A COMPANY), YOU CONFIRM THAT YOU HAVE AUTHORITY TO, AND DO IN FACT, BIND THAT PERSON TO THESE TERMS. YOU MUST IMMEDIATELY STOP USING THE BUILTGRID SERVICES AND YOUR ACCOUNT IF YOU DO NOT ACCEPT THESE TERMS.
From time to time, the Terms of Service will be reviewed and may be revised. BuiltGrid reserves the right to amend the Terms of Service at any time. Any such amendments will be posted on the Website. Your continued use of the BuiltGrid Services will constitute your acceptance of the variation of the Terms of Service. Notwithstanding the foregoing, the resolution of any dispute in respect of the Terms of Service will be governed by the Terms of Service in effect at the time such dispute arose.
BuiltGrid may, at its sole discretion and without notice, elect to suspend or terminate access to, or use of the BuiltGrid Services, to any person who violates these Terms.
Account: The primary means for accessing and using the BuiltGrid Services.
Account Types: The type of Account for BuiltGrid Services that a Client subscribes to as set out in clause 3.1, which account is related to the use and functionality of the BuiltGrid Services.
Addition: Any major structure affixed or replace the fabric of the building, or anything which may alter the defined parts of the building/load bearing walls that includes the required detailed Project documents.
Approved Purpose: The use of Data by a Client or User for the purposes of the BuiltGrid Services in accordance with the Terms.
Authorisation: The set of rights and privileges on the Website assigned to a User (or Users) by a Client.
Builder: A Client of BuiltGrid Services that lists Projects requiring the fulfilment of Jobs and Sub Jobs by a Supplier Client on the Builtgrid platform.
Build Stage: The major categories of building Jobs that are required in a given Project or Home, aligned to the type or style of work of Jobs and Sub Jobs that need to be completed.
BuiltGrid and us: BuiltGrid Pty Ltd Suite 125, 585 Little Collins Street, Melbourne, Victoria 3000, being the supplier of the BuiltGrid Services to the construction industry.
BuiltGrid Materials: The visual interfaces, graphics, design, systems, methods, information, computer code, software, trademarks and other intellectual property, services, “look and feel”, organisation, compilation of the content, code, data, and all other elements of the BuiltGrid Services.
BuiltGrid Services: The BuiltGrid software as a service including the System, content, interfaces, portals and all other content, services, Data and/or:
i. Products made available on or through the System that are used to access, describe or enable BuiltGrid to display, deliver or provide its Service; and
ii. Information exported out of the System in the form of reporting or third-party software and data tools.
Claim: Means, in relation to any person, a claim, action or proceeding, judgment, damage, loss, cost, expense or liability incurred by or to or made or recovered by or against the person, however arising and whether present, unascertained, immediate, future or contingent.
Client: A natural or legal person, or an Enterprise Customer, who has accepted the Terms by registering for, creating an Account, accessing, browsing, or otherwise using the BuiltGrid Services.
Client Data: Has the meaning given in clause 4.1.
Confidential Information: Means any and all information which is disclosed by a party to the other party verbally, electronically, visually or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary.
Contract: An agreement with specific terms and conditions between Clients utilising BuiltGrid Services that includes but not limited to:
i. A price for work that could include Materials, Services and or Supply and Install based on the Scope of Works provided.
ii. A timeline or period where the agreed activities and, or work, will be provided within.
iii. Terms and conditions for performance, including fulfilling promises. and
iv. Terms and conditions for credit and or payment.
Data: Files and any other digital data and information including, but not limited to, Personal Data, which is subjected to, created by or inserted into the BuiltGrid Services or otherwise inserted into the System by BuiltGrid or the Client (including the Users, customers, sub contractors, organisations, tasks, descriptions, templates, supplier data, estimates, jobs associated with the Client).
Educational Access: BuiltGrid provides Free Access for specified periods to authorised training bodies are granted permission to use the BuiltGrid Services as part of their teaching materials and online learning management systems for recognised building and construction courses, which for the avoidance of doubt, excludes any commercial use by such training bodies or their students.
Enterprise Customer: Has an arrangement with BuiltGrid for multiple clients to share branding, and share information with the Enterprise Customer, as set out in agreements between the Enterprise Customer and their clients and the client’s users.
Fee: The fee to be paid by the Client which enables the Client and Users to access and use the BuiltGrid Services.
Files: Documents of any kind (images, drawings, spreadsheets, text files, etc.) that are inserted to the System by the Client, and usually associated with a particular contact, customer, organisation, Project, Request for Quote, Contract, Job or financial transaction.
Free Access: All Clients get Free Access to BuiltGrid Services that include Project Jobs, except Supplier Clients who incur Fees at the time of a Job Contract. Other Fees may be charged from time to time that do not relate to Job Contracts of a Project.
Guidelines: Additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available on or through the BuiltGrid Services.
Home: A single dwelling as a component to a Project that could or does have unique Job variables, Sub Jobs and Inclusion Attributes to other dwellings within the Project or at the parent Project level.
Inclusion Attributes: Job and Sub Job level detail required for the purpose of listing a Project and utilising BuiltGrid Services. These include but not limited to: Location, Type, Colour, Size, Model Number.
Job: Components of a Build Stage that provide further detail before Sub Jobs are selected, where relevant and Inclusion Attributes and information details are added.
Materials: Finished goods delivered to site to be installed, constructed or assembled within the Home as per the Inclusion Attributes provided within the Job or Sub Job by the Client listing the Project.
New Home: A building on land that may be lawfully used as a place of residence and is a suitable building for that purpose. Examples include, a house, flat, townhouse or apartment.
Paying Client: A Client that is being charged a Fee for use of the BuiltGrid Services.
Project: The location of the Home or all Homes within a Project for which a Client is using BuiltGrid Services.
Request For Quote: Request for a quote generated through BuiltGrid Services for a Client based on a Project going ahead and the Job Detail and Inclusions being completed.
Quote Comparison: A comparison of the quotes received via BuiltGrid Services from the invited Supplier Clients that includes specific information about Jobs and Sub Jobs to be provided.
Scope of Works (SoW): Information provided by a Client via BuiltGrid Services for the purpose of a detailed Request For Quote covering, but not limited to:
i. SoW Introduction
ii. Description of Works – Project
iv. Materials & Deliveries
v. Occupational Health & Safety Requirements
vi. Site Waste Management
vii. Project, Jobs, Job Detail & Inclusions
viii. Compliance, Code Mark Certificates, Performance Solutions
ix. Job Ready Criteria
x. Call Ups & Lead Times
xi. Duration of Works
xii. General Notes – Builder
xiii. General Notes – Supplier / Contractor
xv. Extra to Schedule Cost / Variations
xvi. Back Charges
xvii. Certificates of Compliance
xxi. SoW Acceptance / Terms & Conditions / Declaration.
Services: To provide for, or to deliver the completion of the selected Job or Sub Job as part of a Client’s business as outlined within the Inclusion Attributes provided within the Job or Sub Job by the Client listing the Project.
Sub Job: Components of a Job that provide further detail in deliverables which include Inclusion Attributes.
Supplier: A Client of BuiltGrid Services that is fulfilling contracted Jobs via Supply & Install, Materials and or Services to a Builder Client on the BuiltGrid platform.
Supplier Terms & Conditions: Unique and specific terms and conditions required to be agreed in Client Contracts. These include but are not limited to operational process, payment and warranty.
Supply & Install: To provide both Materials & Services for or to deliver the completion of the selected Job or Sub Job as part of a Client’s business as outlined within the Inclusion Attributes provided within the Job or Sub Job by the Client listing the Project.
System: The integrated cloud “software as a service” computing solution operated by BuiltGrid for providing the BuiltGrid Services, including applications, software, databases, Data, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith.
User: A natural person (or persons) granted with an Authorisation to use an Account on behalf of a Client.
Website: Means the internet website with the URL builtgrid.com and any other website that BuiltGrid may own, operate, use or provide to its Clients in respect of the BuiltGrid Services.
Upon registration of an Account and until these Terms of Service are validly terminated in accordance with clause 13, BuiltGrid grants to the Client and its Users a non exclusive, non-transferable (except as expressly provided in these Terms of Service), limited licence to:
a. collect, store and organise Data, such as uploaded plans and documents, adding detailed Project information for all Build Stages, including Jobs, Sub Jobs, Inclusion Attributes, add and select Suppliers and Builders, Contract terms and conditions, add new Users and grant them Authorisations, link and integrate to third party applications in accordance with the terms of the Account Type;
b. modify and delete Data;
c. configure the standard features of BuiltGrid Services; and
d. receive reasonable help and guidance from BuiltGrid regarding the use of the BuiltGrid Services.
BuiltGrid shall provide reasonable technical support to the Client and its authorised Users at the reasonable request of the Client. BuiltGrid shall respond to enquiries of support from a Client utilising the contact methods set forth below as soon as reasonably possible. Responding to enquiries of Clients who do not have an activated Account may be less expedient or may not occur at all.
The contacts for all enquiries of support are:
a. Live chat: application accessible from the Website,
b. E-mail as provided at the Website
c. Telephone: a dedicated telephone number 1300 547 757
BuiltGrid reserves the right to modify the BuiltGrid Services or any part or element thereof from time to time without prior notice, including, without limitation:
a. rebranding the BuiltGrid Services at its sole discretion;
b. ceasing providing, or discontinuing the development of, any particular BuiltGrid Service or part or element of the BuiltGrid Services, temporarily or permanently in any jurisdiction;
c. taking such action as is necessary to preserve BuiltGrid’s rights upon any use of the BuiltGrid Services that may be reasonably interpreted as violation of BuiltGrid’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity; and
d. taking such action as is necessary to protect BuiltGrid, the BuiltGrid Services, and its Clients from any exposure arising out of Data breaches, intellectual property infringements or other destructive activities or illegal activity.
Clients may be notified of such modifications when logging in to the Account. Modifications for the BuiltGrid Services (“the Modification”), will become effective on the date that is thirty (30) days following notification to Clients via the Account (the “Effective Date of the Modification”). Modifications relating to changes to Account Types (including applicable Fees) will be notified to Clients via the Website.
The Client’s continued use of the BuiltGrid Services, or any part or element thereof, after Effective Date of the Modification shall constitute its consent to the Modification and to the Terms of Services then applying. BuiltGrid shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the BuiltGrid Services, or any part or element thereof.
BuiltGrid provides different Account Types to support the needs of different Clients and organisations in accessing the BuiltGrid Services. The Account Types are detailed on the Website and include:
a. Builder Account – Organisations seeking to source and Contact Services, Materials and, or Supply and install Services for the purpose of planned New Home and or Addition Projects. Assist with visibility, collaboration and automation, from the beginning to completion of a Project, ensuring the project is delivered within the timelines specified.
b. Supplier Account – Organisations, like manufacturers, distributors, retailers, licensed and other trades and services, that provide Services, Materials and Supply and Install. These Supplier Clients Contract with Builder Clients for Jobs and Sub Jobs within a Project, providing required documents, adhering to timelines, standardising Scope of Inclusions and communicating real time progress in alignment to Supplier Terms & Conditions on the BuiltGrid platform.
All features, functions, parts or elements of the BuiltGrid Services can only be used or accessed by holders of an Account. Persons who wish to create an Account must:
a. complete the sign-up form on the Website; and
b. accept the Terms of Service by clicking Create Account”, “Sign up”, “Buy Now”, “Proceed”, “Get Started”, or other similar button.
Each Client may have only one Account and if desired, a number of Users. If two or more persons use or access an Account on behalf of a Client, the Client must designate such persons as individual Users. Each User shall be subject to the Terms. For the avoidance of doubt, each User must have their own unique ID created in the Account of the Client.
If a Client has designated Users and granted them Authorisation, such Users will be deemed to be authorised to act on behalf of Client when using the Account. BuiltGrid is not responsible for verifying the right of representation or validity of Authorisation of any User at any time. However, BuiltGrid may, at any time, request additional information or proof of a User’s credentials.
Enterprise Customers may have arrangements with BuiltGrid to allow a number of Clients to be grouped under that Enterprise Customer. In this Account Type, there may be sharing of information from the individual Clients to the Enterprise Customer as set out in the agreements between the Enterprise Customer and their Clients. BuiltGrid provides such information sharing as directed by or agreed with Enterprise Customer and BuiltGrid.
An Enterprise Customer is required to have Account and Account Type that provides for the management of Clients. Enterprise Customers can also have Users in its own right.
BuiltGrid shall provide each Client with a username and password (“Login Credentials”) to be used to log into the Account. These Login Credentials are for single use only and must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. The Client and each User are responsible for keeping confidential all Login Credentials associated with an Account. Client must promptly notify BuiltGrid of any disclosure, loss or unauthorised use of any Login Credentials. For the avoidance of doubt, you acknowledge and agree that each User is not permitted to share their Login Credentials with another person (including, another Client) to log on to the BuiltGrid Services either at the same time, or at a different time, on either the same device, or alternate device
Without limiting other remedies, BuiltGrid may limit, suspend or terminate access to an Account if BuiltGrid believes a Client or User is breaching these Terms. BuiltGrid also reserves the right to cancel deactivated Accounts or Accounts that have been inactive for a long time, or to modify or discontinue an Account or the Website.
No Data is available to the Client or its Users after termination of an Account and BuiltGrid makes no representation or warranty as to the availability or capability to transfer, use or export, any Data after termination, or that any previously saved Data will be available for use in the resumption of an Account or the BuiltGrid Services after termination.
Clients and Users agree that any information provided by them on or in relation to an Account is true, complete and accurate. Clients and Users agree to inform BuiltGrid promptly on becoming aware that any information provided to BuiltGrid is or has become untrue, incomplete and inaccurate. If a Client or its User(s) provide information that is or becomes untrue, incomplete or inaccurate, or BuiltGrid has grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other rights or remedy available to us, BuiltGrid may limit, suspend or terminate access to the Account of the Client.
BuiltGrid may also limit, suspend or terminate access to an Account if a Client or User’s content or Client Data is inappropriate or of an offensive nature, or where a Client fails to make payment of any required Fees (if any).
The rights for you to terminate these Terms of Service are provided for in clause 13.
The use of an Account is not subject to payment of the Fee. Upon establishment of an Account, the Client must select an Account Type. Different Fees apply to different Account Types. The applicable Fees are invoiced to the Client, unless agreed otherwise with BuiltGrid.
BuiltGrid pricing for the logged in User and Account Type is shown on the BuiltGrid Settings page. For Supplier Clients, Fees are invoiced at time of Contract with Builder Client.
All Fees are non-refundable, meaning, for the avoidance of doubt, there are no refunds or credits.
All Clients can use BuiltGrid without Fees up to the Contract stage of a Job within a Project. The Supplier Client at the time of a Job Contract will incur Fees. Other Fees may be charged from time to time that do not relate to Job Contracts of a Project. The Client is not required to provide any credit card information for Free Access. As defined, Education Access Users do not incur Fees
If the Client uploads or enters Data to an Account, such Data is defined as “Client Data” and any processing of such Data must be in compliance with the Terms and all applicable laws. All rights, title and interest in and to the Client Data belong to the Client or where it is not owned by the Client, such third persons who have authorised the Client to use the Client Data (including Users, persons and organisations) whether posted and/or uploaded by Client or made available on the BuiltGrid Services by BuiltGrid.
By uploading Client Data to an Account, the Client and such other persons irrevocably and unconditionally authorised BuiltGrid to process the Client Data and generate other data and information from Client Data.
Information including Data supplied by other third parties under license to BuiltGrid or generated or created by the BuiltGrid Services is the result of algorithms and processes that are the exclusive property of BuiltGrid or of a licensor of BuiltGrid. The Client is not permitted to use such Data for any purpose other than the Approved Purposes. BuiltGrid and or its licensors have the right title and interest in all information and Data other than Client Data and Personal Data. For the avoidance of doubt the Client does not have the right to control, share, exploit or commercially sell or deal with Data for any other purpose than defined herein except the Client has the right to use the subset limited to the Client Data.
BuiltGrid may offer additional services that it expects may be helpful to Clients, or their customers and some of these Services may involve the use of Client Data and or Personal Data. If we propose to offer these Services that rely on your Client Data and/or Personal Data, your permission will first be sought on an opt-in basis. You will have the option to accept or decline to participate and if you decline such data will not be used.
The Client is responsible for ensuring that:
a. the Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Data available through the BuiltGrid Services that violates the Terms, the rights of BuiltGrid, other Clients or Users, or other third persons or organisations, or that is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful, or that infringes another person’s intellectual property rights; and
b. the Client and all of the Users associated with the Account have the necessary rights to enter the Client Data and use the Data, including to process it by means of the Account.
BuiltGrid does not guarantee any accuracy with respect to any information contained in any Data, and strongly recommends that you think carefully about what you transmit, submit or post to or through the BuiltGrid Services. You understand that all information contained in Data is to be used only for Approved Purposes under the Terms and its accuracy and use is the sole responsibility of the person from whom such Client Data originated. In all circumstances, the Client, and not BuiltGrid, is solely responsible for all Data that is uploaded, entered, transmitted, or otherwise made available by the Client or it’s Users through the BuiltGrid Services, as well as for any actions taken by BuiltGrid or other Clients or Users as a result of such Data
BuiltGrid is not obliged to pre-screen, monitor or filter any Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Data or the action of its unlawful processing is discovered or brought to the attention of BuiltGrid or if there is reason to believe that certain Data is unlawful, BuiltGrid has the right to:
a. notify the Client of such unlawful Data;
b. deny its publication on the Website or its insertion to the System;
c. demand that the Client bring the unlawful Data into compliance with the Terms and all applicable laws;
d. temporarily or permanently remove the unlawful Data from the Website or Account, restrict access to it or delete it.
If BuiltGrid is presented convincing evidence that the Data is not unlawful, BuiltGrid may, at its sole discretion, restore such Data, which was removed from the Website or Account or access to which was restricted.
In addition, in the event BuiltGrid believes, in its sole discretion, that Data violates any applicable laws, rules or regulations or the Terms, BuiltGrid may (but has no obligation), to remove such Data at any time with or without notice.
The Client indemnifies BuiltGrid from any actions that arise out of the Client entering unlawful Data into the BuiltGrid Services as per clause 11.
The Client acknowledges and agrees that any Claim made in respect of ownership of, title to, or use of Client Data by any third party is the sole responsibility of the Client and BuiltGrid will not be liable for any Claim made by a third party in respect of such use of Client Data. Further, the Client agrees to indemnify BuiltGrid, its related bodies corporate and affiliates and their respective directors, officers, employees and agents from any such Claims arising in relation to Client Data under this clause 4.
You acknowledge and agree that BuiltGrid may disclose a Client’s confidential information including Personal Information to the extent compelled by law to do so. In such instance, BuiltGrid will use commercially reasonable efforts to provide Client with prior notice of the compelled disclosure (to the extent legally permitted) and Client shall provide reasonable assistance, at its cost, if Client wishes to contest the disclosure. If BuiltGrid is compelled by law to disclose Client’s confidential information as part of a civil proceeding to which BuiltGrid is a party, and Client is not contesting the disclosure, Client will reimburse BuiltGrid for its reasonable cost of compiling and providing secure access to that confidential information
You will not:
a. use the BuiltGrid Services and your Account other than for the Approved Purpose;
c. use the Website or your Account in any way when you have been suspended from using the Website or your Account in accordance with these Terms;
d. circumvent or manipulate the Fee structure, billing process, or Fees owed to BuiltGrid;
e. post false, inaccurate, misleading, defamatory or offensive content (including Personal Information);
f. transfer your Account, username and password to another person without our consent;
g. distribute viruses or any other technologies that may harm BuiltGrid, the Website, your Account, other accounts on the Website, or the interests or property of other Account holders, Clients or other users of the Website and BuiltGrid Services;
h. violate or attempt to violate the security of the Website, your Account, or any other account on the Website, or hack into the Website, your Account or other accounts of the Website which you are not authorised to use or have been suspended from using;
i. copy, modify or distribute rights or content owned by BuiltGrid, other Account holders, Clients or other users of the Website including any copyrights and trademarks;
j. harvest or otherwise collect information from BuiltGrid, other Account holders, Clients or other users of the Website, including email addresses, without their consent;
k. use the BuiltGrid Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions; or
l. copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the BuiltGrid Services or any part or element thereof, or attempt to extract the source code thereof.
You will not, without BuiltGrid’s prior express written consent:
a. sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant access or make the BuiltGrid Services available in whole or in part to any third persons, unless such third person is another authorised User of the same Client;
b. use the BuiltGrid Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created; or
c. use the BuiltGrid Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by BuiltGrid.
You agree to use best endeavours to report any defect to BuiltGrid as soon as reasonably practicable after becoming aware of such defect.
BuiltGrid agrees to evaluate reported defects based on their impact to BuiltGrid’s customer base and will prioritise the rectification of such defects at BuiltGrid’s sole discretion. BuiltGrid agrees to rectify any defect that it considers a priority within a reasonable period of time after notification being made.
For the avoidance of doubt, you acknowledge and agree that BuiltGrid is not required to make the BuiltGrid Services function in a way that may be preferred by you, but which is not a defect of a function included in the BuiltGrid Services and that is used satisfactorily by other users of the BuiltGrid Services.
BuiltGrid takes the privacy of its Clients and Users very seriously.
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that you shall indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., OR similar state and federal laws, any any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the Program, text “HELP” to the number you received messages from or email us. Please note that the use of email is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
In the event that there is a dispute, claim, or controversy between you and Us, LLC d/b/a Autopilot or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Melbourne, Australia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which BuiltGrid’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
a. Other than in respect of Client Data or other content created by a Client or Users on an Account, reproduction of part or all of the contents in any form of the BuiltGrid Services or an Account page is prohibited and no content may not be recopied and shared with a third party.
b. The materials displayed on the Website and an Account (other than in respect of a Client’s own content or Client Data), including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements (“Intellectual Property”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website or an Account. Clients and Users may access and display this Intellectual Property contained on the Website or an Account page on a computer or a monitor and print out for personal or internal business use only. All other use, copying or reproduction (including reproduction on any other website) of any part of the BuiltGrid Services or an Account (other than in respect of Client Data) is prohibited unless expressly stated otherwise. Clients and Users must not use the BuiltGrid Services and an Account in any manner or for any purpose which is unlawful, or which violates the rights of any owner of any content or these Terms.
c. Nothing contained in these Terms, the BuiltGrid Services or an Account constitutes a transfer or licence of any such Intellectual Property rights to you.
BuiltGrid reserves all rights not expressly granted to you in these Terms of Service
You acknowledge and agree that BuiltGrid may use your intellectual property in the marketing and promotion of these Terms of Service on the terms and conditions set out in these Terms of Service provided that:
a. such use is limited to use by BuiltGrid for the purposes of these Terms of Service including, in relation to the provision of the BuiltGrid Services; b. such use is in compliance with your logo and branding guidelines as provided to BuiltGrid from time to time;
c. BuiltGrid shall not modify, or adapt your name, logo or trademarks in any way without prior written consent (other than by way of reduction or enlargement in size in compliance with the Client or Enterprise Customer’s logo and branding guidelines);
d. BuiltGrid will provide you with samples of all advertising, literature, brochures, and other material using your intellectual property at least 10 business days prior to actual use or publication. You will review such samples and give approval or rejection (not to be unreasonably withheld) within 5 business days of receipt; and
e. BuiltGrid will not distribute any advertising, literature, brochures or other material using your intellectual property without your prior written approval.
The Client and each User represents and warrants to BuiltGrid that:
a. it has full power and authority to accept and perform its obligations under these Terms of Service (including, for the avoidance of doubt, where it is a person entering into these Terms of Service on behalf of a corporation);
b. if it is a corporation, it is validly incorporated, organised and subsisting in accordance with the laws of its place of incorporation;
c. if it is a corporation, has taken all necessary action to authorise the acceptance, delivery and performance of these Terms of Service in accordance with its terms;
d. if it is accepting these Terms of Service on behalf of a party under a power of attorney, it has no notice of the revocation of that power or of any fact or circumstance that might affect his or her authority to enter into these Terms of Service under that power;
e. it will comply, at all times, with all applicable laws in the performance of its obligations under these Terms of Service and use, promotion and or marketing (as applicable to the Account Type) of the BuiltGrid Services; and
f. it has full right, title, interest and ownership in any and all Client Data or content uploaded to an Account. Further, any Client Data and content uploaded to an Account will not infringe upon the intellectual property rights of any third party and the Client and its Users (as applicable) have not received any notice regarding any alleged infringement thereof.
BuiltGrid represents and warrants that it has full title and ownership to the BuiltGrid Services and has the authority to grant the license hereunder. To the best of the BuiltGrid’s knowledge the BuiltGrid Services do not infringe upon the intellectual property rights of any third party and that it has not received any notice regarding any alleged infringement thereof.
Each party agrees that it will not use or disclose to any third party any of the other party’s Confidential Information (including, for the avoidance of doubt, price sensitive information and Personal Information) except as expressly permitted by these Terms of Service, or as authorised by the prior written consent of the other party.
These Terms of Service imposes no obligation upon the parties with respect to Confidential Information which:
a. is or becomes generally known to the public without violation of these Terms of Service;
b. is obtained by a party in good faith from a third party having the right to disclose it without an obligation of confidentiality; or
c. is required to be disclosed by court order or applicable law, provided notice is promptly given to the owner of the Confidential Information, and provided further that diligent efforts are undertaken to limit disclosure.
A party must (and must ensure that each of its employees, advisers and agents does), immediately upon demand by the other party, cease to use or make any further disclosure of any of the other party’s Confidential Information, including use or disclosure for the purposes of these Terms of Service.
A party must, within 5 days of a request by the other party and at its own expense, return to the other party, or at the option and direction of the other party destroy, all copies of the other party’s Confidential Information in its and its employees and agent’s possession, power or control. A party’s obligations under this clause extends to all documents, notes, memoranda, reports, models and other material (in any form) which reproduce, extract or contain any of the other party’s Confidential Information or any information which is based upon, referable to or sourced in whole or in part from the other party’s Confidential Information. Nothing in this clause prevents a party or any of its employees or agents from retaining, or requires a party or any of its employees or agents to return or destroy Confidential Information which is stored in electronic backup tapes or records. The return or destruction of the other party’s Confidential Information does not release a party from its other obligations under these Terms of Service.
The obligations in this clause 10 survive termination or expiration of these Terms of Service
You agree to indemnify BuiltGrid, its related bodies corporate (as defined in the Corporations Act) and affiliates, and their respective directors, officers, employees and agents, from any Claims, causes of action, damages, liabilities, losses (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss, and including damage or loss arising in contract, tort (including negligence), statute or otherwise), costs, debts and expenses (including reasonable legal fees and costs) arising from or as a result of, or relating to:
a. your use of the Website, BuiltGrid Services or your Account, or any information you provide to us, including a breach of the Terms, or any of the representations and warranties given by you under the Terms, or any violation of applicable law or court order; and
b. any Claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of the Terms, or your infringement of any law or the rights of a third party in the course of using the Website, BuiltGrid Services or your Account.
No part of the Website or any information contained on an Account is intended to constitute advice by us. We are not liable or responsible for any reliance placed on the Website or the Account, and the contents of the Website or the Account, by you or anyone who you may inform of its contents.
To the extent permitted by law, the BuiltGrid Services are provided on an “AS IS” basis. BuiltGrid makes no warranties, representations and guarantees (whether express or implied) in respect of the Website and BuiltGrid Services, including without limit all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Website or the BuiltGrid Services, their content or the content of any website linked to or from the Website or an Account. Where you take action, or omit to act, make any decision, or enter into any agreement with any other person, as a result of your use of the Website and your Account, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision.
BuiltGrid does not and cannot control the flow of data via the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt the internet. BuiltGrid will use commercially reasonable efforts to remedy and avoid such events, but cannot guarantee that such events will not occur. Accordingly, BuiltGrid disclaims any liability resulting from or relating to such events.
BuiltGrid, its related bodies corporate and affiliates and their officers, employees, agents and contractors are, to the maximum extent permitted by law, not liable to you or any other person for any losses, expenses, Claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) arising under or in connection with the Terms, the Website, the BuiltGrid Services or your Account, any information downloaded from the Website the BuiltGrid Services or your Account, your use of or access to (or inability to use or access) the Website, the BuiltGrid Services or your Account, or any third party or other Client’s or User’s use of or access to the Website, the BuiltGrid Services or your Account.
To the extent that liability has not been or may not be excluded under the Terms, and to the extent permitted by law, our total liability to you under or in connection with the Terms, the Website, the BuiltGrid Services or your Account and any information downloaded from the Website, the BuiltGrid Services or your Account, or your use of or access to (or inability to use or access) the Website, the BuiltGrid Services or your Account, or any third party or other Client or User’s use of or access to this Website, the BuiltGrid Services or your Account, will not exceed the Fee paid for one month of BuiltGrid Services under the applicable Account Type applying to the Account upon registration.
These Terms of Service may be terminated, and or access to an Account limited or discontinued, as follows:
a. by you, as the Client, any time by cancelling your Account via the link on the Website;
b. by BuiltGrid by providing at least 30 days written notice; or
c. immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.
These Terms of Service may be terminated and or access to an Account limited or discontinued, as follows:
a. by either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
b. immediately by either party if the other party breaches its obligations, as applicable under clause 8, 9, 10 and 11 of these Terms.
Upon termination of these Terms of Service:
a. BuiltGrid shall deactivate the Account, as soon as reasonably practicable after the effective date of termination of these Terms. If the Client has specifically requested for an earlier deactivation of the Account, BuiltGrid shall fulfil such request within 1 month of its receipt of such request.
b. Client must:
1. stop using and prevent the further usage of the BuiltGrid Services;
2. pay any amounts owed to BuiltGrid under these Terms; and
3. discharge any liability incurred by the Client before under these Terms prior to their termination.
a. In the unlikely event that a Project or Job does not proceed after a Builder Client has entered into a Contract with a Supplier Client, the Client that has been invoiced and the Fee has been paid, the Supplier Client can make a request for refund via BuiltGrid Support by completing the required documents.
b. Where these Terms of Service are terminated as a result of breach or as required by law, the Client is not entitled to any refund of all or part of the Fees paid, and on termination, and in all other circumstances, BuiltGrid is entitled to retain all Fees and other amounts paid by the Client
If BuiltGrid terminates these Terms of Service as a result of an uncured breach by a Client or User, BuiltGrid is entitled to use the same or similar remedies against any other persons who use the BuiltGrid Services in conflict with these Terms of Service. Notwithstanding the foregoing, BuiltGrid may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the Client or User may lose access or suffer a loss of certain features, functions, parts or elements of the BuiltGrid Services.
If BuiltGrid has reasonable grounds to believe that the Client’s or User’s use of the BuiltGrid Services, including the Account may harm any third persons, BuiltGrid has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.
If a party believes that there is a dispute regarding these Terms of Service, it must not commence court proceedings (unless urgent injunctive or interlocutory relief) without first complying with the following dispute resolution procedure:
a. the party must give notice in writing (a “Dispute Notice”) to the party in dispute (together, the “Disputing Parties”) specifying:
i. the nature of the dispute;
ii. the outcome required by the party; and
iii. the action the party believes will settle the dispute; and
b. upon receipt of a Dispute Notice, the Disputing Parties shall use their best efforts and endeavours to resolve the dispute by mutual negotiation.
a. If the Disputing Parties are unable to resolve a dispute within twenty (20) Business Days of receipt of a Dispute Notice (or within such other period agreed by them), either party may serve written notice on the other requiring the Disputing Parties to refer the dispute to a mediator and to participate in the mediation (“Mediation Notice”). If the Disputing Parties are unable to determine within fifteen (15) Business Days of receipt of a Mediation Notice referred to in this clause:
i. the procedures to be adopted in the mediation;
ii. the timetable for all the steps in those procedures; and
iii. the identity and fees of the mediator,
the President of the Law Society of Victoria, Australia or their representative will appoint the mediator and determine all procedural matters in relation to the mediation.
b. The Disputing Parties must attend the mediation and make a determined and genuine effort to resolve the dispute.
Each of the Disputing Parties must bear its own costs of complying with this clause and the Disputing Parties must bear equally the costs of any mediator engaged.
The Terms do not create a relationship of employment, trust, agency or partnership between BuiltGrid and you.
BuiltGrid will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond BuiltGrid’s reasonable control.
BuiltGrid is not liable for and does not represent or warrant that the BuiltGrid Services, or your Account and any other information or material contained in, downloaded or accessible from the Website or your Account, is free from computer viruses or any other defect or error which may affect your software or systems. You acknowledge that is your responsibility to protect your software and systems by installing any required security systems.
The Client or any User may not assign or otherwise deal with any of its rights or obligations under these Terms of Service without the prior written consent of BuiltGrid. BuiltGrid may assign, novate or otherwise deal with all or part its rights under these Terms of Service at any time and from time to time, which will be effective immediately upon BuiltGrid notifying its Clients of the assignment or novation.
The Website, the BuiltGrid Services and your Account contains content provided by Clients, Users, other users of the Website and third parties, and may include links to other websites. The inclusion of any content provided by any other person, and the inclusion of links to other websites does not imply any approval, recommendation, endorsement, or responsibility for, the contents, operations, products or operators of that content or those websites. We take no responsibility for any loss caused out of the inclusion of such content or links.
In the event that any provision of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, then such provision shall be severed from these Terms of Service. In all other respects, the remaining provisions of these Terms of Service shall remain in full force and effect.
The failure by BuiltGrid to exercise or enforce any rights or provisions of these Terms of Service shall not be a waiver of those rights or provisions nor of the right at any time subsequent to enforce these Terms of Service. A waiver of a right, power or remedy must be in writing and signed by us.
Clauses 1, 4, 5, 6, 8, 9, 10, 11, 12, 14 and 15, along with any provisions that are expressed to survive, or by their nature are intended to survive, termination or expiry of these Terms, shall survive termination or expiry of these Terms.
All matters related to your access to, and use of, the BuiltGrid Services shall be governed by the laws of Australia. These Terms of Service will be construed and interpreted in accordance with the laws of the state of Victoria, Australia and each party submits to the non exclusive jurisdiction of courts of the state of Victoria, Australia.
BuiltGrid is a registered trademark of BuiltGrid. Other names appearing on the Website may be trademarks of their respective owners. You agree that you will not use the Website to infringe BuiltGrid’s intellectual property rights or the intellectual property rights of others. You may not remove, deface, overprint or otherwise alter any notice of copyright, trademark, logo or other notice of ownership from any originals or copies of the BuiltGrid software, third party software, or any products or content you access on or through the Website.
BuiltGrid’s use of information received from Google APIs will adhere to Google API Services User Data Policy (https://developers.google.com/terms/api-services-user data-policy#additional_requirements_for_specific_api_scopes), including the Limited Use requirements.
Last updated: December 19, 2022