Terms and Conditions

Welcome to the buildBITS Website. Access to and use of the Website by all persons is subject to the following terms and conditions:-

  1. DEFINITIONS

    1. "Terms of Use" means

      1. These terms;

      2. Our Rules for Advertisements;

      3. Our Dispute Policy;

      4. Our Privacy Policy;

      5. Any other terms, conditions, notice or disclaimers displayed on any individual page of the Website.

    2. "buildBITS" means this website and its administrators;

    3. "Website" means this website;

    4. "Seller" means a person or entity registered to utilise the Services offered by buildBITS;

    5. "Services" means the provision of advertising space on the Website.

    6. "Buyer" means a person or entity whose bid to purchase any item advertised for sale on the Website is accepted by the Seller.

    7. Material” means information including data, text, video, still images, audio and/or other material that you host, share, publish, post, store or upload on the Site in accordance with these conditions of Use.

  1. USE OF SERVICES

    1. By using our Services, you warrant that you have read, agreed to and accepted these Terms and Conditions.

    2. Your use of the Services is subject to these Terms and Conditions, all applicable laws and regulations and industry codes and standards.

    3. You acknowledge and agree that you are solely responsible for the content of any material provided to us.

    4. Whilst we use reasonable endeavors to ensure that the Site is available continuously, we do not make any representations or warranties that access will be uninterrupted, timely, secure or error-free.

    5. We reserve the right to change or discontinue the Site or any feature or service available on the Site at any time.

  1. ABOUT THE NETWORK

    1. buildBITS publishes or makes available on the buildBITS Network information, advertisements, product and service offers, Software and links and other content supplied by buildBITS and third parties (Material). buildBITS does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the buildBITS Network or on any web site that links from the buildBITS Network (including third party display advertisements).

  1. ACCESS OR USING

    1. When accessing or using this website all persons must comply with the Terms of Conditions and must not:-

      1. cause any loss or damage to the website or to any other user;

      2. conduct automated searches or mine data on the website by any means whatsoever;

      3. use the website in any way which breaches legislation or the personal, property or private rights of any other person;

      4. post or transmit material on the website which is false or misleading;

      5. impersonate another person or pretend to be someone else;

      6. knowingly transmit a virus, worm, Trojan horse or any other disabling device;

      7. interfere with or manipulate any item or the price of any advertised item.

      8. Include any pornography material, racist or religious discriminating or sexist comments

  1. BUYING & SELLING TERMS

    1. buildBITS is not an auctioneer and we do not participate in the transaction between sellers and buyers.

    2. The website is a medium for online advertising and a marketplace for advertising for sale items used in the building industry. Potential buyers can browse listings and negotiate a purchase by contacting sellers privately.

    3. buildBITS is not an Agent of the seller. We have no control over and (subject to any legislation) make no warranties about the quality, safety, legality or suitability of any item offered for sale on the Website, the accuracy or truth of any description contained in an advertisement or the ability of the parties to enforce or complete a transaction.

    4. buildBITS does not accept payment on behalf of the seller. The amount, method and time of payment is to be negotiated between the buyer and the seller.

  1. REGISTERING FOR USE

    1. You must register your details with us to use the Service (your "Account"). Registration is free and does not oblige to you sell or purchase anything.

    2. You must not use false or misleading information when registering or using the Service. Your obligations to us won't be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.

    3. When you register for the Service, you must choose your user name and password. You must have a valid user name (or "login") and password before you can sell or buy items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.

    4. You must ensure that your information:

      1. is true, accurate and complete;

      2. is not false or misleading;

      3. does not infringe any other person's rights (for example intellectual property rights) or privacy;

      4. is not contrary to any applicable law or industry code of practice;

      5. is not defamatory, threatening or harassing;

      6. is not obscene, racist; sexist; make religious discrimination or include pornographic material; and,does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

    5. We intend to send notifications to you by e-mail of:

      1. newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and

      2. requests to participate in customer feedback.

    6. W e will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.

    7. You may request that your Account be closed by emailing us a closure request, to support@buildbits.com.au.

  2. ADVERTISING

    1. By posting Material to the Site, you:

      1. warrant that you have the lawful right, including all necessary licences, rights, consents and permissions, to use and authorise us to display such Material; and

      2. warrant that such Material does not infringe the intellectual property rights or other proprietary or privacy rights of any third party; and

      3. warrant that the publication of Material does not breach or infringe the Trade Practices Act (Cth), Fair Trading Act (in any State or Territory) or equivalent legislation; and

      4. warrant that the publication of Material does not breach or infringe any financial services law or other legislation; and

      5. warrants that if Material contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, you have obtained the authority of that person to make use of his or her name or representation of the copy; and

      6. acknowledge that third parties will be accessing and using the Material and that we cannot and will not be responsible for the actions of any third parties in relation to the Material; and

      7. grant us a non-exclusive, world-wide, perpetual, transferable, irrevocable and royalty-free licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display any of the Material you post to the Site throughout the world in any medium, whether currently in existence or not; and

      8. grant to each user of the Site a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works from, display and perform the Material as permitted by us and in accordance with these Conditions of Use; and

      9. grant us the right to use your name or the name you submit with the Material, and the right to represent and warrant that you own and control all of the rights to the Material or that you have the lawful right, including all necessary licences, consents and permissions, to use and authorise us to display the Material; and

  1. RULES FOR ADVERTISING AN ITEM FOR SALE

    1. Every advertisement on the website must comply with our Rules for Advertisements Content;

    2. To place an advertisement or to buy an item via the website you must be at least 18 years of age;

    3. Sellers must have the legal right to sell the item advertised for sale and warrants title thereto.

    4. We may in our absolute discretion without any liability to you withdraw or alter any advertisement if:

      1. we reasonably consider that it is inappropriate, offensive, misleading, defamatory, deceptive, incorrect, unlawful or otherwise in breach of the Terms of Use;

      2. any third party instructs us to do so;

  2. SELLERS RULES FOR ADVERTISMENT CONTENT

These rules for Sellers set out what you can and cannot put into an advertisement on the buildBITS website

  1. Contact details

    1. You must include contact information including your name and telephone number (either mobile or landline).

    2. You may also provide an email address and your business details and logo.

  2. Price

    1. You must include an asking price. You can if you wish add the words "or best offer" in the description.

  3. Titles and Descriptions

Your advertisement:-

      1. Must start with a capital letter;

      2. Must not start with AAA or any derivative or variation thereof;

      3. Must only contain letters, numbers, spaces and full stops;

      4. Must not join words together;

    1. References to other advertising media

      1. You must not make reference to other advertising media or sales websites.

    2. Honesty and integrity

      1. You must not misrepresent items for sale and must describe them honestly and accurately.

      2. You must not advertise for sale any item which you are not ready, willing and able to sell.

  1. DISPUTE POLICY

    1. buildBITS is not liable in any way for disputes between Buyers and Sellers, nor is it an agency for resolution of disputes.

    2. Sellers and Buyers must both comply with buildBITS Terms of Use.

    3. buildBITS is not an Agent of the Seller. We have no control over and (subject to any legislation) make no warranties about the quality, safety, legality or suitability of any item offered for sale on the Website, the accuracy or truth of any description contained in an advertisement or the ability of the parties to enforce or complete a transaction.

    4. buildBITS does not accept payment on behalf of the seller. The amount, method and time of payment is to be negotiated between the buyer and the seller.

    5. If a dispute does arise, it is to be resolved between the Buyer and the Seller.

    6. All questions, complaints or problems regarding a sale should be directed to the other party and not to buildBITS.

    7. If a dispute remains unresolved it may be referred by either the Seller or the Buyer to the Department of Fair Trading and/or the Consumer, Trader and Tenancy Tribunal in accordance with the policies and rules of those organizations.

  2. INDEMNITY

    1. You agree to indemnify buildBITS and its officers, employees, buildBITS Product Partners, and agents against all claims, demands, damages, costs, penalties and other liabilities caused by your breach to any of the matters described in the buildBITS Terms and Conditions;

    2. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, buildBITS Product Partners, shareholders, directors, officers, employees, agents, advertisers and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.

    3. You agree to indemnify and defend us, our affiliates, subsidiaries, buildBITS Product Partners, shareholders, directors, officers, employees, agents, advertisers and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

    4. You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, (including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of our buildBITS Terms and Conditions.

    5. The infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.

  3. RELEASE

    1. You release buildBITS and its officers, employees, buildBITS Product Partners and agents against all claims, demands, damages, costs, penalties and other liabilities in connection with or arising out of a dispute between you and any other user of the Website.

    2. We are not responsible for any loss, liability or damage incurred by you as a result of a sale not or purchase accepted.

    3. We provide the Site and the Service without any express or implied warranty or condition via buildBITS site concerning the capacity or availability of the Sites or the Service.

    4. Neither we nor our buildBITS Product Partners will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the purchase and sale of any goods.

    5. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Sites may be restricted by factors outside of our control or during maintenance.

    6. You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and offers may not be processed or accepted. We will not be liable for any loss or damage from an internet or telecommunication failure.

    7. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.

    8. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

  4. THIRD PARTY CONTENT, PRODUCTS AND SERVICES

    1. Products and services offered for sale or advertised, and other material found on this website, will in most cases be the products, services and information of third parties.

    2. Third part products and services are not provided by buildBITS. If you purchase third party products or service your legal relationship will be with the third party supplier and not buildBITS. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. buildBITS may receive fees or commissions from third parties for such products and services or for advertising and promotion.

    3. buildBITS makes no representations about the accuracy or suitability of the information provided on this website by third parties. Such information is provided "as is" without express or implied warranty and you use the information at your own risk.

  5. INFORMATION AND MATERIALS YOU SEND TO US

If you provide buildBITS with any ideas, suggestions, information, advertisement or other material, you agree that buildBITS may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our Privacy policy.

  1. INTELLECTUAL PROPERTY

    1. We own or are licensed to use all copyright and other intellectual property rights in our material on the Site. You must not reproduce, distribute, communicate or publish any content on the Site, unless permitted under legislation or with our prior written approval.

    2. You must not under any circumstances:

      1. modify or copy the layout of the Site or any computer software or code contained in the Site;

      2. use the Site or any material or information on it for any purpose that is unlawful, in breach of these Conditions of Use or otherwise infringes any rights (including intellectual property rights) of any third party or to knowingly or negligently transmit any virus, Trojan horse, worm or other disabling feature affecting software or hardware;

      3. use the Site to data mine or compile any document or database incorporating or based on material or information contained on or gained through the Site; or

      4. impersonate another person or allow another person to impersonate you.

  2. LINKS

    1. This website contains links to other websites which are not under the control of or maintained by buildBITS.

    2. The links to any such third party website are provided for your convenience and information only. If you access those websites you do so at your own risk.

    3. buildBITS is not responsible for the content of those websites and will not be liable directly or indirectly for any damage caused or alleged to have been caused by or in connection with the use or your reliance on such content.

    4. The fact that a website is linked to this Website does not imply any endorsement or sponsorship by buildBITS of that website or that we are affiliated in any way with the third party operating that website.

  3. SYSTEM INTEGRITY

    1. You may not take any action that might interfere with the operation of the Service.

    2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Sites or any online auction or sale being conducted on or through a Site.

    3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.

    4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.

    5. You are solely responsible for your transmissions through the Service .You must:

      1. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;

      2. not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;

      3. not interfere with or disrupt networks connected to the Service;

      4. not use the Service for illegal purposes; and

      5. comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in a Site.

    6. We reserve the right to determine whether or not your conduct is consistent with the Terms and Conditions and what we believe is good practice for the Sites. We may, in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the Terms and Conditions or our standards of practice. However, in exercising our rights, we do not intend to act unreasonable.

    7. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online items, and any other information you place on the Site) if you breach the buildBITS Terms and Conditions or if we are unable to verify or authenticate any information you provide to us

  4. SUSPENSION FROM USE OF SERVICE

    1. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with a Site.

    2. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the buildBITS Terms and Conditions or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.

    3. If we suspend your access to the Service, you will need to contact us to possibly register again if approved..

  5. COPYRIGHT, TRADEMARKS AND LICENCE

    1. Material on the buildBITS Network (buildbits.com.au) is © and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by buildBITS. Unless otherwise indicated on the buildBITS Network, the material on the buildBITS Network is owned by or licensed to buildBITS and is subject to copyright (the "Copyright Material").

    2. You may:

      1. only copy or reproduce the Copyright Material for the purpose of browsing the buildBITS Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;

      2. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

    3. buildbits.com.au and other names of services referenced herein are trademarks or registered trademarks of buildBITS. Other product and company names mentioned on the buildBITS Network may be the trademarks of their respective owners. Nothing displayed on the buildBITS Network should be construed as granting you any intellectual property rights including the right to use any trademark, without buildBITS’ (or the relevant owner’s, if applicable) express written consent

  6. CHANGING THE TERMS OF USE

We may change or add to these Terms or Conditions of Use at any time by publishing an updated version on the Website. Use of the Website following the date of such a change will constitute acceptance of the change.

  1. GOVERNING LAW

Any legal issues arising out of the use of this Website will be governed by the laws of New South Wales, Australia and by using this Website you submit to the jurisdiction of the Courts of that State.