Terms & Conditions - Connect and Build

Registration

By completing the user registration process you agree to be bound by the Terms and Conditions below.

Terms and Conditions

Before you begin to use the services on the website we need to outline for you to read and understand, the Terms and Conditions of your use of the website and Service of Connect and Build.

The Terms and Conditions (as published on the website) together with any additional terms, conditions, notices and disclaimers published on the website and any documents available for download on the website (Terms and Conditions) regulate your use of the website and Service of Connect and Build.

Through your use of the website and Service Connect and Build, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the website.

Please take time to review this document. If you use or continue to use the website and/or services provided by Connect and build you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by Connect and build or any authorised officer, agent, employee or contractor of Connect and build to the Terms and Conditions from time to time.

All Terms and Conditions that govern your use of the website (including disclaimers) may be amended by Connect and built from time to time by posting those amendments on the website without any notice to you. Those amendments apply to your next usage of the website. You are responsible for ensuring that you regularly review the website and these Terms and Conditions. Your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.

If you object to any of the Terms and Conditions or any subsequent changes to them, or become dissatisfied with your use of the Connect and build service in any way, your only remedy is to immediately stop using the services of Connect and Build and the website.

A link to this Terms and Conditions Agreement is published on every page of the website.

ConnectandBuild.com.au & other Connect and Build websites

The website connectandbuild.com.au is owned and operated by Arjn Communications Pty Ltd (ABN 17614893916) (Connect and Build).

Connect and Build own and operate other websites hosted on domain names other than Connectandbuild.com.au. By completing the user registration process on any site owned and operated by Connect and Build you agree to be bound by these Terms and Conditions.

A link to this Terms and Conditions Agreement will be published on the user registration forms on all websites owned and operated by Connect and Build.

From time to time the website will generate automated emails to registered users, or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the Connect and Build website.

Should you no longer wish to receive our emails, you may click on the unsubscribe link located in each email received or email us at [email protected] with a request to unsubscribe.

If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (Outside Sites) are not controlled by Connect and Build and do not form part the Connect and Build website and agree that you will not hold Connect and Build liable or in any way accountable for anything that occurs on Outside Sites

Applicable Law

The Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to the website will be governed by the laws of Victoria, Australia.

General Information Only

The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.

Connect and Build and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.

Connect and Build does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.

Connect and Build disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.

You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.

Information on the website is for general information only.

As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.

Your Conduct

As a condition of your use of the website or any service provided by Connect and Build, you warrant to Connect and Build that you will not use the website of any Connect and Builds service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.

Whilst not an exhaustive list, you agree not to:

use the website to offend others (which shall be judged in the absolute opinion of Connect and Build);
publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Connect and Build);
engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website;
use automated scripting tools or software;
make available, using the website, any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website;
use the site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of Connect and Build.

Connect and Build has no obligation to monitor your or anyone else’s use of the website. However, Connect and Build reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Objectionable content

You may not post nude, partially nude, pornographic, sexually suggestive photos, violent, discriminatory, hateful, unlawful or infringing content via the website or Apps.

You must not stalk, bully, abuse, threaten, harass, defame, impersonate or intimidate people or entities and you must not post private or confidential information via the website and Apps, including, without limitation, your or any other person’s credit card information, non-public phone numbers or non-public email addresses.

Limitation of Liability

Connect and Build excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Connect and Build’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Connect and Build’s option, to the re-supply of the relevant Connect and Build service or a refund in accordance with the Refund Policy published below.

As a user of the website, you expressly agree and acknowledge that in no circumstances will Connect and Build be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Connect and Build) which result from:

the use or access to or any inability to use or access the website or any material on the website;
unauthorised access to your user account, or internet transmissions or data; or
statements or conduct of any third party on the website.

Excluding liability for negligence the maximum liability of Connect and Build is equivalent to the total of any amounts you have paid to Connect and Build in respect of goods or services supplied to you by Connect and Build or $500, whichever is less.

Disclaimer

By using the website you agree to abide by and acknowledge the following disclaimer.

Connect and Build are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.

We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provide services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actually complete a transaction or act lawfully in using the website.

Connect and Build performs some background checks on business members using 3rd party identity verification services. These checks can be passed by users using falsified documentation and are not 100% reliable. Thus Connect and Build cannot confirm each business user’s purported identity. We recommend you perform your own background checks on any businesses before hiring them to work for you.

In the event that you have a dispute with one or more users of the website, you release Connect and Build (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

Connect and Build sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.

You acknowledge and release Connect and Build in the event that you deal with underage persons or people acting under false pretense.

Warranty

You agree to accept the sole responsibility for the legality of your actions using the laws which apply to you. You agree that Connect and Build have no responsibility for the legality of the actions of users of the website or Connect and Build services.

Indemnity

You indemnify and release Connect and Build and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.

No Agency

You and Connect and Build are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the website or Connect and Build services.

User Information

As a user of the website you must provide Connect and Build with complete, up to date and accurate information as requested and it is your responsibility to inform Connect and Build of any changes to that information. All personal information you provide to Connect and Build as a user will be treated in accordance with the Personal Information & Privacy Policy shown below.

Connect and Build reserves the right to modify or delete any general information you submit to the website in order to enhance the services we provide to you and other Connect and Build users.

Username & Password

To become a member of Connect and Build, you will nominate a username and password. Your username must be a valid email address belonging to you.

You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.

You must notify Connect and Build immediately by email to [email protected] if you become aware of any unauthorised use of your username and password.

Each username and password must be used by a single individual and is not transferable.

Phone Recordings

Connect and Build reserves the right to record phone calls between you and Connect and Build employees or Connect and Build agents for training purposes.

Personal Information & Privacy Policy

Connect and Build collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.

In general, the personal information Connect and Build collects includes (but is not limited to) name, address, contact details, drivers licence, passport and, where relevant, financial information, including credit card information, banking details and income information.

Connect and Build stores the personal information you enter on the website. Connect and Build obtains most personal information through the website registration process outlined above. You may, however, provide information through a variety of different means (for example if you contact Connect and Build via email, respond to a survey published on the website or third party survey used by Connect and Build, or answering questions asked by staff or agents of Connect and Build over the phone).

The website uses cookies which contain information by which Connect and Build can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by Connect and Build including, but not limited to, third parties providing analytical and advertising services. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. Connect and Build may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused advertising that Connect and Build believes may be of interest, based on that information. You can disable cookies through your Internet browser.

Connect and Build endeavours to collect personal information about an individual only from that individual. In some circumstances Connect and Build may obtain personal information from a third party or check your details against records kept by other parties. If you provide personal information about another person to Connect and Build, Connect and Build requires that you inform that person you have done so and provide them a copy of this Personal Information & Privacy policy.

How Connect and Build uses your Personal Information

Connect and Build may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Connect and Build generally uses personal information to:

personalise and customise your experience on the website;
help Connect and Build manage and enhance its services;
communicate with you by email, SMS message or telephone; and
provide you with ongoing information about opportunities on the website which Connect and Build believes you may be interested in by email, SMS message or telephone.

Disclosure of Personal Information

Connect and Build

may use and disclose information relating to a user’s racial or ethnic origin, membership of political bodies, religion, membership of a trade union or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless the user has agreed otherwise.

Management & Security of Personal Information

Oliver Pennington has been appointed privacy officer to oversee the management of personal information in accordance with the Terms and Conditions and the Commonwealth Privacy Act.

Connect and Build protects the personal information Connect and Build holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and data encryption.

Connect and Build may retain any personal information you provide during your use of the website, including, but not limited to, copies of identification documents, for a minimum period of 12 months after your last interaction with the website. After 12 months Connect and Build will delete, or anonymise, on your request, specific personal information from our servers, files, and databases, unless Connect and Build are required by law to retain that information.

Updating Personal Information

Connect and Build endeavours to ensure the personal information it holds is accurate, complete and up-to-date. You can update your personal information by sending an email to [email protected]

Accessing Personal Information

You have the right to seek access to the personal information Connect and Build holds about you and to advise Connect and Build of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.

If you make an access request, Connect and Build will ask you to verify your identity and specify what information you require. Connect and Build may charge you a fee to cover the costs of meeting your request.

Licence to Use Your Information

Solely to enable Connect and Build to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that Connect and Build can use that content in any way, now and in the future. Connect and Build also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law within Victoria or Australia. You indemnify Connect and Build against any and all legal fees, damages and other expenses that may be incurred by Connect and Build as a result of a breach of this warranty. Connect and Build will only use your information in accordance with our Personal Information & Privacy Policy.

Background Check

We require business users of the website to complete the required steps of the Background Check before they can contact customers. This includes passing an identity check using a 3rd party verification service.

Consumer Reviews Policy

Connect and Build allows users of the Connect and Build website (Consumers) to rate and comment on the performance of Connect and Build business users (Businesses) whose business services they have contracted and directly experienced through the Connect and Build website.

Consumers can leave a public review and submit a star rating about a Business. The Business can make a public reply to the review.

Any ratings or reviews reflect the opinion of Consumers who have experienced the product or service and do not reflect the opinion of Connect and Build.

By using the Connect and Build website, Consumers and Businesses:
(a) warrant to Connect and Build (to the best of their knowledge and belief) the accuracy or truthfulness of any review and/or reply;
(b) acknowledge that it is a contravention of both the Australian Consumer Law and this policy for any false or misleading reviews or replies to be posted; and
(c) agree to hold Connect and Build harmless for any losses (however incurred) caused by their conduct.

Connect and Build does not moderate reviews or replies. However in certain limited situations Connect and Build reserves the right to remove any reviews and/or replies which:

(a) breach our terms and conditions;
(b) breach this policy (or any other Connect and Build policies);
(c) endorse or promote any illegal or harmful activity or violence;
(d) have not been written (or expressly authorised) by Consumers who have directly received a service or product through the Connect and Build website;
(e) are misleading or deceptive and/or otherwise contravene the Australian Consumer Law or similar laws;
(f) are offensive or defamatory; and/or
(g) have been written in exchange for, or on the promise of, payment, additional services, or discounted rates.

Testimonials from consumers outside of Connect and Build

Businesses can request, through the Connect and Build website, that any past consumer (Past Consumer) who has previously retained their services outside of Connect and Build provide a testimonial of the service or product received by the Past Consumer. The testimonials will not be used in any Connect and Build ratings. The Business can make a public reply to the testimonial.

By using the testimonial feature, the Business:
(a) warrants to Connect and Build that it has provided the Past Consumer the service or product that is the subject of the testimonial;
(b) acknowledges that it is a contravention of the Australian Consumer Law and this policy for any false or misleading testimonial to be posted; and
(c) agrees to hold Connect and Build harmless for any losses (however incurred) caused by their own conduct.

By using the testimonial feature, the Past Consumer:
(a) warrants to Connect and Build that it has directly received the service or product from the Business that is the subject of the testimonial;
(b) acknowledges that it is a contravention of the Australian Consumer Law and this policy for any false or misleading testimonial to be posted; and
(c) agrees to hold Connect and Build harmless for any losses (however incurred) caused by their conduct.

Connect and Build does not moderate testimonials. However in certain limited situations Connect and Build reserves the right to remove any testimonials which:
(a) breaches our terms and conditions;
(b) breaches this policy (or any other Connect and Build policies);
(c) endorses or promotes any illegal or harmful activity or violence;
(d) have not been written (or expressly authorised) by the Past Consumer who has directly received the service or product that is the subject of the testimonial;
(e) are misleading or deceptive and/or otherwise contravene the Australian Consumer Law or similar laws;
(f) are offensive or defamatory; and
(g) have been written in exchange for, or on the promise of, payment, additional services, or discounted rates.

Negative Reviews & Feedback

Save for the limited exceptions set out in this policy, any negative reviews, testimonials or Fast Feedback left by Consumers or a Past Consumer will be displayed on the Business’ Connect and Build profile.

Businesses will be able to respond to any feedback. Businesses are allowed only one response per feedback. Businesses’ reply will be publicly visible underneath the original Consumer feedback or Past Consumer testimonial.

Connect and Build will only remove a disputed feedback or comment if both Consumers and Businesses have expressly agreed to do so. Where both Consumers and Businesses agree, Connect and Build will use reasonable endeavors to mediate any dispute concerning any negative feedback.

Reporting Suspected Breaches of our Consumer Reviews Policy

Consumers and Businesses can report any suspected breaches of this policy by emailing us at [email protected].

Consequences of Non-Payment

If you do not pay monies owed by the date the payment is due we will notify you and request immediate payment. If you fail to pay the overdue amount within a reasonable time as set out in the notice, we may:

Suspend, cancel or limit your access to the website;
If the Service is cancelled due to non-payment the default leading to the cancellation may be disclosed to a credit reporting agency, collection agency and may be added to your credit file with a credit reporting agency;
Engage a debt collection agent to recover the money you owe us or institute legal proceedings against you to recover the money you owe us. You must reimburse us any reasonable costs that we incur in pursuing payment of amounts you owe us; and
On-sell any unpaid amounts to a third party. If we do this, any outstanding amounts will be payable to that third party. We will notify you within 25 business days that any unpaid amounts you owe us have been sold to a third party (or arrange for the purchaser to notify you of this).

Breaching Our Terms and Conditions

Without limiting other remedies available to Connect and Build at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:

you breach these Terms and Conditions or Personal Information & Privacy policy;
we are unable to verify or authenticate any information you provide to us; or
We believe your actions may cause legal liability to you, Connect and Build users or Connect and Build.

Termination of User’s Account with Connect and Build

Connect and Build may at its discretion terminate your use of, or access to, the website at any time. If this happens we may notify you by email. If your use of the website is terminated:

you are no longer authorised to access the website or use any other Connect and Build services with the email address you used to register with the site or any other email address you possess;
you will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and
all licences granted by you and all disclaimers by Connect and Build and limitations of Connect and Build’s liability set out in the Terms and Conditions or elsewhere on the website will survive.

Customer Support Policy

We make a considerable investment in staff and technology to help answer customer enquiries. Our staff will endeavour to handle enquiries from registered users of the website according to the following policy:

We will attempt to respond to email enquiries within 1 business day of the first contact made by a customer by email to [email protected]
All enquiries are logged and managed by the Connect and Build Customer Relationship Management software.
Technical or product development suggestions may be considered for future software upgrades. Your suggestions may not result in changes to the software or our business practices.
All other enquiries are reviewed by our customer support representatives and may be escalated to a manager for resolution if required.
We reserve the right not to respond to customer enquiries that offend our employees or agents.
We reserve the right not to respond to enquiries made by individuals who, in our opinion, are not current users of the website, or have been suspended from using the website.

Consumer Complaints

Unfortunately we may not get things right all the time, and as part of our commitment to providing quality service, we endeavour to resolve all Consumer Complaints quickly and fairly. If you have a complaint concerning our services, please email [email protected] at any time.

All complaints will be handled according to the following process:

We will confirm the receipt of complaints by reply email within 1 business day of the first contact made by email to [email protected]
All complaints are logged as a Consumer Complaint within our Customer Relationship Management software;
Following appropriate investigation and consideration we will provide a final response to you, within 30 calendar days, detailing any proposed action;
If you are not happy with our response or how the complaint has been handled, you may be able to raise a complaint with your local state or territory consumer protection agency or the ACCC.

Dispute Resolution Policy

Connect and Build will use reasonable endeavours to mediate any dispute concerning the use by parties of the website.

Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

Suspension and Termination of Business User Accounts

Business users of the website may have their access to the website and Connect and Build services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:

providing false or inaccurate information during business registration or when quoting on the website;
providing false or inaccurate information to Connect and Build employees or agents;
receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you’re out policy);
acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of Connect and Build; and,
submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licensed to perform.

Cancellations of Paid Business Memberships

Users of the website that pay for membership (paying businesses) are entitled to contact, and offer quotes to, other website users who have submitted a job listing on the website matching the paying business’ industry and geographic settings.

Paying businesses can cancel future payments for their membership at any time by Contacting [email protected]

a) clicking their name in the top right section of their account when logged in on a desktop screen and selecting My Membership, or

b) clicking the Menu icon on top left of the website when logged in on a mobile device and selecting My Membership.

Paying businesses must click Cancel and select a reason for cancelling their Membership. They will be able to access all the features of their Membership up until the expiry date shown on www.connectandbuild.com.au

If a paying business attempts to cancel online but cannot complete the cancellation, they may email [email protected] and clearly state they wish to cancel their membership. This email must be received at least 2 business days before the next billing date indicated on the paying business’ account.

Paying businesses that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.

Refunds Policy (Business)

Paying businesses can access the quoting and messaging facilities on the website. Subject to Australian Consumer Law, Paying businesses agree that all products/services are non-refundable at the time that payment is made.

If you are dissatisfied with the website or Connect and Build services you are free to discontinue using the website, and as such membership fees or other payments you have made to Connect and Build are not subject to refunds.

In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Connect and Build.

Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to Connect and Build in the first instance.

Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. Connect and Build may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. Connect and Build may contract a debt collection agency or use other legal means to recover unauthorised refunds. Connect and Build may charge you interest plus any costs we incur as a result of collecting your payment.

Updates to the Website

Connect and Build may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.

Arbitration

Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.

Promotions & Competitions

If Connect and Build run promotions or competitions involving the awarding of prizes or other gifts, Connect and Build may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.

Third Party Links & Advertising

Connect and Build may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. Connect and Build does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website.

If you contact a third party through the website, including via email, Connect and Build accepts no responsibility for any actions taken by that third party in connection with you as the user.

Contacting Us

Please send any questions to [email protected]