Terms and conditions

Last updated: February 1, 2021

Please read these terms and conditions carefully before using Our Service.

BUILDER REGISTRATION PTY LTD

TERMS & CONDITIONS OF SERVICES

1. GENERAL

1.1. In these Terms:

1.1.1. Account means the user account that may be set up by you (via the Website or via phone) to enable you to register for a Course or purchase Products or Services;

1.1.2. ACL means the Australian Consumer Law set out in Schedule 2 of the CCA.

1.1.3. Builder Registration means Builder Registration Pty Ltd (ACN 164 513 795) and its Related Entities, officers, employees, agents and contractors;

1.1.4. Business Days means Monday to Friday except public holidays in Melbourne;

1.1.5. BR App means the software application training tool and game provided by Builder Registration;

1.1.6. CCA means the Competition and Consumer Act 2010 (Cth);

1.1.7. Content means all content included in or on the Website and/or included as part of a Course (including, but not limited to, text, design, graphics, photos, images, sounds, music, videos, and code and any arrangement of those things) which is owned by Builder Registration or licensed to Builder Registration;

1.1.8. Courses means the courses, tutorials, training sessions provided by or on behalf of Builder Registration, at the cost and for the duration set out on the Website or as otherwise specified by Builder Registration;

1.1.9. Material includes any written works, data, photos, images, sounds, music, audio files, videos, text and other communications which you transmit or post to the Website;

1.1.10. Online Payments System is the system through which payments are made via the Website;

1.1.11. Payments System is the Builder Registration system that facilitates payments including online payments for Products and Services purchased by you;

1.1.12. Price means the amount payable for Products and services Purchased by you;

1.1.13. Privacy Policy means the Builder Registration Privacy Policy at builderregistration.com.au/privacy/

1.1.14. Products means the products for sale or hire by Builder Registration and includes but is not limited to books, stationery and clothing;

1.1.15. Related Entity has the same meaning as in the Corporations Act 2001(Cth);

1.1.16. Services means the services provided by the Builder Registration which include:

1.1.16.1. provision of Courses to assist you with obtaining registration as a builder in the State or Territory in which you intend to build in Australia;

1.1.16.2. provision of assistance with your written application for registration as a builder in the State or Territory in which you intend to build in Australia;

1.1.16.3. individual or small group tutoring or training; and

1.1.16.4. provision of access to the Website and/or the BR App;

1.1.16.5. any other services provided by Builder Registration from time to time.

1.1.17. Terms means these terms and conditions;

1.1.18. Trade Marks means the brand names, trade marks and logos which are owned by Builder Registration or licensed to Builder Registration;

1.1.19. Website means the website at builderregistration.com.au;

1.2. These Terms apply to your use of the Website and to the purchase of Products and Services by you from Builder Registration.

1.3. Please read the Terms carefully before using the Website or purchasing Products and Services.

1.4. By using the Website and/or by purchasing Products or Services (including registering for a Course), you will be deemed to have accepted these Terms in full and they will constitute a legally binding contract between Builder Registration and you. Accordingly, if you do not agree with any part or all of these Terms you should not purchase any Products or Services or register for any Courses from Builder Registration.

1.5. Builder Registration may amend these Terms from time to time. Each time you purchase Products and Services, it is your responsibility to review these Terms and inform yourself of any changes. If you access or purchase Products or Services after any amendments are published on the Website, you are taken to have agreed to those amendments.

2. USE OF WEBSITE AND PURPOSE

2.1. Builder Registration grants you a non-exclusive licence to use the Website, subject to these Terms. Builder Registration may terminate this licence at any time for any reason and without prior notice to you.

2.2. The purpose of the Website is to:

2.2.1. provide information about Products and Services available from Builder Registration;

2.2.2. provide information about Prices; and

2.2.3. enable online purchases of Products and bookings or registration for Services.

2.3. The content of the Website is intended to provide general information only and are not to be relied on by you, or for any particular purpose.

2.4. You agree that the information set out on the Website, including the nature, availability and Prices, may change from time to time and you will be bound by these changes from the date the changes are published on the Website or otherwise notified to you by Builder Registration.

2.5. In using the Website, you warrant that you are either aged 18 years or over or possess legal parental or guardian consent and that you are fully able to enter into and abide by and comply with these Terms.

2.6. You agree that you are solely responsible for having the infrastructure and services (including hardware, software and internet connectivity) to access the Website and you assume full responsibility for any costs or charges that you incur as a result of using the Website, including any additional mobile data or other internet user charges.

3. PURCHASES AND BOOKINGS

3.1. Purchases for Products and Services may be made as online, via phone or in person.

3.2. In relation to online purchases, you acknowledge that:

3.2.1. the Website is hosted by a third party and co-administered by a third-party provider and by Builder Registration;

3.2.2. Builder Registration does not guarantee that the Website will be available 24 hours, a day 7 days a week, or that it will be free from errors, viruses or other harmful components. Builder Registration will not liable if the Website is unavailable at any time due to maintenance, whether planned or unplanned, or for any other reason; and

3.2.3. Builder Registration may suspend or terminate the ability to purchase Products or Services at any time for any reason and without prior notice.

3.3. You acknowledge and agree that each request to purchase Products or Services submitted by you is an offer to engage Builder Registration to provide the Products or Services, which is capable of being accepted by Builder Registration.

3.4. On acceptance of your offer by Builder Registration, you will receive a confirmation of your purchase which will specify:

3.4.1. the nature of the Products or Services purchased;

3.4.2. an invoice stipulating the Price paid or payable by you; and

3.4.3. in the case of Services, details relating to the Service including, the date and start and finish times, the location, or for online courses, links to Course content or live sessions.

3.5. You acknowledge and agree not all Services referred to on the Website will be available at all times in all locations.

3.6. Builder Registration reserves the right to refuse to accept your offer to purchase Products or Services for any reason.

4. PAYMENT

4.1. Prices will be the amounts published on the Website or as notified by Builder Registration at the time you make your purchase. Prices are expressed as inclusive of GST (where applicable) and in Australian dollars.

4.2. You must pay for your purchase through the online payments system via the Website or via credit card over the phone or via direct debit from an accepted credit card, debit card or other payment method approved by Builder Registration

4.3. At the time of making your purchase using an accepted credit card, debit card or other approved payment method, payment will be debited from your account in the timeframe specified by your card provider and in accordance with the terms and conditions specified by your card provider.

4.4. If your payment cannot be processed Builder Registration will use reasonable endeavours to notify you as soon as practicable.

4.5. Builder Registration reserves the right to:

4.5.1. cancel a purchase for which payment could not be processed, even where Builder Registration has been unable to notify you of the payment failure, provided reasonable efforts to contact you have been made;

4.5.2. refuse a purchase or change a fee if the published Price was incorrect for any reason;

4.5.3. change the payment methods accepted by it at any time in its absolute discretion.

5. CANCELLATION

5.1. You must choose carefully when purchasing Products or Services. Builder Registration is not required to provide refunds if you change your mind after purchase.

5.2. Clause 5.1 does not affect any rights you have to a refund at law, including any rights pursuant to the ACL.

5.3. When you purchase Services, Builder Registration allocates resources including staff to supply the Services to you. Changes or cancellations to Services by you, may cause Builder Registration to suffer loss.

5.4. If you wish to cancel your enrolment in any Course, Builder Registration is not required to provide a refund. Builder Registration may permit you to commence attending the Course at any time in the 12 months after the date of purchase.

5.5. If you wish to change the time or location of any other Service for any reason, you must request such change:

5.5.1. In the case of tutoring services: at least 48 hours before the scheduled time and date;

5.5.2. In the case of classes or sessions as part of a Course; at least 48 hours before the scheduled time and date of the class or session;

in which case, while Builder Registration cannot guarantee that your request will be granted, Builder Registration will use reasonable endeavours to accommodate your request.

5.6. Where you provide less notice than the minimum notice periods set out in clause 5.5, Builder Registration may accept or reject your request, in its absolute discretion.

5.7. If, for any reason, Builder Registration is unable to provide the Service, Builder Registration will advise you of the situation at the earliest opportunity and use its best endeavours to provide a replacement or equivalent Services at the earliest opportunity. If Builder Registration is unable to provide the Services within a reasonable time, Builder Registration will provide you with your choice of:

5.7.1. a refund for the Service that Builder Registration was unable to provide; or

5.7.2. a credit which can be set off against future Services purchased by you.

5.8. Builder Registration will not be responsible for any loss or damage suffered by you as a direct or indirect consequence of Builder Registration’s inability to provide the Service.

6. YOUR CONDUCT

6.1 You agree that your conduct must, at all times, be respectful and courteous to Builder Registration and its staff and to other attendees of a Course, training or tutoring session or other Service.

6.2. If, at any time, your conduct towards Builder Registration, its staff and/or other students, is in any way disrespectful, offensive, unlawful or argumentative or violent, Builder Registration reserves the right to terminate the Service and no refunds will be offered.

7. COURSES/TUTORIALS/TRAINING SESSIONS

7.1. Courses may be held in person or via online video platform, at the time and locations specified by Builder Registration.

7.2. Price for all Courses must be paid in advance unless otherwise agreed by Builder Registration.

8. USE OF THE ONLINE BOOKING SYSTEM

8.1. You may use the Online Payments System by creating an Account on the Website or via phone.

8.2. You acknowledge you will be required to provide personal information, including your full name, address, mobile phone number, email address and payment information and warrant that all information provided by you is true, correct and up-to-date.

8.3. You will have the ability to opt in and out of receiving email communications from Builder Registration.

8.4. Builder Registration may request you provide proof of identity to confirm your personal information.

8.5. In using the Payments System and engaging Builder Registration to provide the Products and Services:

8.5.1. you warrant that all personal information you provide to Builder Registration is true and correct;

8.5.2. you accept full responsibility for maintaining and keeping up to date all your Account details, including your personal information and payment information;

8.5.3. you accept full responsibility for maintaining the confidentiality of your Account details, including your personal information, password details and payment information and for logging out of your Account after use and especially when using a shared device, another person’s device or a public computer;

8.5.4. you agree to notify Builder Registration immediately of any unauthorised use of your Account.

8.6. Builder Registration reserves the right to:

8.6.1. refuse to set up an Account if the log in details are (in the reasonable opinion of Builder Registration) ingenuine, obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or contain brand names, trade marks of the names of high profile people.

8.6.2. suspend or terminate your access to the Online Payments System, in Builder Registration’s sole discretion and without prior notice to you, if:

8.6.2.1 Builder Registration reasonably believes that your password or Account has been compromised; or

8.6.2.2 Builder Registration reasonably believes that you have breached these Terms.

9. INTELLECTUAL PROPERTY

9.1. You acknowledge that intellectual property associated with the Builder Registration branding included in or on the Website is owned by Builder Registration or licensed to Builder Registration and is protected by copyright, trade mark, and other laws in Australia. The intellectual property includes:

9.1.1. the Content; and

9.1.2. the Trade Marks.

9.2. The intellectual property is provided to you for your information and personal use and not for commercial use or for spam. Builder Registration does not grant you any express or implied right to use, copy, reproduce, republish, modify, create derivative works from, store in or on any public or private electronic retrieval system, upload, post, communicate, transmit or distribute in any way any of the Content, the Trade Marks or any other intellectual property.

10. AVAILABILITY AND ACCESS

10.1. While Builder Registration uses its best endeavours to ensure the Website available 24 hours a day 7 days a week, Builder Registration does not guarantee that the Website will be available 24 hours a day 7 days a week.

10.2. Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond Builder Registration’s control.

10.3. Builder Registration is not liable if for any reason the Website or any part of the Website is unavailable at any time or for any period due to maintenance, whether planned or unplanned, or for any other reason.

11. CHANGES TO THE WEBSITE AND SERVICES

11.1. Builder Registration reserves the right to at any time:

11.1.1. change, add or delete the design and content of the Website;

11.1.2. discontinue publishing any of the information published on the Website, including its Services and/or prices on a temporary, permanent or indefinite basis;

11.1.3. add new Products and Services and Content; and

11.1.4. change, suspend or discontinue any Product and Service and Content, or any part of it.

11.2. You agree that Builder Registration is not required to give you prior notice in exercising these rights and in the event of this occurring, you are not entitled make any claims for compensation, damages or any other type, except where you have purchased Products or Services and the Product or Service is cancelled or discontinued by Builder Registration, you may be entitled to a refund of monies paid, but not entitled to compensation or damages.

12. YOUR MATERIAL AND ONLINE CONDUCT

12.1. Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Website will be taken to be non-confidential and non-proprietary.

12.2. You warrant as follows in respect of the Material you transmit or post to the Website:

12.2.1. the Material is an original creation or you own or have the right to use the Material;

12.2.2. the Material is not misleading or deceptive;

12.2.3. the Material does not infringe the rights of any third party; and

12.2.4. the Material is not threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy laws.

12.3. In respect of the Material you transmit or post to the Website:

12.3.1. you assign your intellectual property rights in the material to Builder Registration; and

12.3.2. you agree Builder Registration and its Related Entities, officers, employees agents and contractors will be free to copy, disclose, distribute, incorporate and otherwise use the Material for any commercial or non-commercial purposes, including featuring the Material on the Website and in any other advertising, print material or other media release, without or without publishing your name and without being required to make any payment to you; and

12.3.3. Builder Registration may, at any time, remove any Material you transmit or post to the Website, without prior notice to you, and in its sole discretion.

12.4. Builder Registration does not endorse any of the Materials or any statements or opinions contained in the Materials.

12.5. You are prohibited from posting or transmitting to or from the Website anything:

12.5.1. that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or which may cause annoyance to, or inconvenience for, Builder Registration or any other person; or

12.5.2 for which you have not obtained all necessary licences and/or approvals; or

12.5.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or

12.5.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

12.6. It is Builder Registration’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing Builder Registration to disclose the identity or locate anyone transmitting or posting anything, including Material in breach of this clause 12 or any law.

12.7. You cannot make a claim against Builder Registration and/or its Related Entities, officers, employees, agents and contractors for such use of the Material by Builder Registration and/or its Related Entities, officers, employees, agents and contractors for any commercial or non-commercial purposes.

12.8. You are liable for any claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees on a full indemnity basis) arising from or in connection with a breach of this clause 12 by you and you agree to indemnify and hold harmless Builder Registration and its Related Entities, officers, employees agents and contractors, from and against such claims, damages, obligations, losses, liabilities, costs or debt and expenses.

12.9. You may not misuse or interfere with the Website (including, without limitation, by hacking).

13. COOKIES

13.1. A "cookie" is a small text file placed on your computer, mobile device or other device by a web server when you access our Website. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.2. Cookies can be "persistent" or "session" Cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while Session cookies are deleted as soon as you close your web browser.

13.3. We use both session and persistent cookies for the purposes set out below:

13.3.1. Necessary or Essential Cookies

13.3.1.1. These are session cookies, which are administered by Builder Registration. They are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the Services that you have asked for cannot be provided. Builder Registration only uses these cookies to provide you with those services.

13.3.2. Functionality Cookies

13.3.2.1. These are persistent cookies which are administered by Builder Registration. These cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.

13.3.3. Social Media Cookies

13.3.3.1. These are persistent cookies which are administered by third parties. In addition to Builder Registration’s own cookies, Builder Registration may also use various third-party plug-ins from social media networking websites such as Facebook, Instagram, Twitter or Google+ to report usage statistics of the Website and to provide social media features. These third-party plug-ins may store cookies. We do not control these social media cookies. Please refer to the relevant social media networking's website privacy policies for information about their cookies.

13.4. If you prefer to avoid the use of cookies on the Website, first you must disable the use of cookies in your browser and then delete the cookies saved in your browser associated with this website. You may use this option for preventing the use of cookies at any time.

13.5. If you do not accept our cookies, you may experience some inconvenience in your use of the Website and some features may not function properly.

13.6. If you'd like to delete cookies or instruct your web browser to delete or refuse cookies:

13.6.1. please visit the help pages of your web browser;

13.6.2. For the Chrome web browser, please visit this page from Google;

13.6.3. For the Internet Explorer web browser, please visit this page from Microsoft;

13.6.4. For the Firefox web browser, please visit this page from Mozilla;

13.6.5. For the Safari web browser, please visit this page from Apple.

14. DISCLAIMER

14.1. While Builder Registration tries to ensure that the Content and other information Builder Registration provides in relation to the Services, including Prices, description of Services, are correct, Builder Registration does not warrant the accuracy, currency, completeness or usefulness of that information. You agree any advice on the Website is not intended to, and does not, constitute professional advice.

15. LIMITATION OF LIABILITY

15.1. You expressly agree that use of the Website, Services, the Content and the Payments System is at your sole risk.

15.2. Builder Registration excludes all warranties and guarantees in connection with the Services and your use of them. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, except for any warranties or guarantees which may not be excluded by force of the ACL or similar legislative provision.

15.3. To the extent permitted by law, Builder Registration is not liable to you for any loss, claim cost, expense, damages or liability, including but not limited to loss of data, loss of income or profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of:

15.3.1. your use or access, inability to use or access the Website and the Services and the Content; or

15.3.2. your use of or inability to use or the failure of the Payment System, including errors made by you in making a purchase or in any way connected with, any cause outside of the reasonable control of Builder Registration, including but not limited to delays due to traffic, accidents or weather conditions, strikes, industrial disputes, terrorism, riot, fire, storm and other acts of God, communications or network failures; and

15.3.3. viruses that may infect your computer equipment, software, data or other property on account of your use of, access to or browsing of the Website or the Payments System, or your downloading of any Content or material from the Website or the Payments System or any linked services.

15.4. In relation to any Product or Service purchased, the liability of Builder Registration under any guarantee or warranty implied or stipulated by the ACL or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited to, at the option of Builder Registration:

15.4.1. a refund of the Price paid by you for the Products or Services;

15.4.2. replacement of the Products or Services; or

15.4.3. the re-supply by Builder Registration of the Products or Services.

15.5. These Terms will not be construed as excluding, qualifying or limiting your statutory rights or remedies.

16. RELEASE AND INDEMNITY

You:

16.1. release and forever discharge Builder Registration from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these Terms, might have had against Builder Registration arising out of or in any way connected with or incidental to the use or misuse of the Services or the Website including the Payments System (including in relation to any Material which you upload to the Website);

16.2. covenant in favour of Builder Registration not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 16.1; and

16.3. irrevocably indemnify and hold harmless Builder Registration, from and against any and all claims, liabilities, losses, costs and expenses (including but not limited to legal fees on a full indemnity basis) arising out of or in any way connected with or incidental to:

16.3.1. the use or misuse of or access to the Services or the Website including the Payments System by you or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and

16.3.2. any breach of any of these Terms by you.

17. LINKS

17.1. Links to third-party websites, applications, platforms and media channels (third-party platforms) on the Website are provided solely for your convenience. If you use these links, you leave the Website and you will be bound by the terms and conditions applicable to the third-party platforms. Builder Registration has not reviewed all of these third-party platforms and does not control and is not responsible for these third-party platforms or their content or availability. Builder Registration, therefore, does not endorse or make any representations about them or any content found there or any results that may be obtained from using them. If you decide to access any of the third-party platforms you do so entirely at your own risk.

17.2. You may not create links to the Website without Builder Registration’s prior written consent.

18. CONFLICTS WITH OTHER PARTS OF WEBSITE

If there is any inconsistency or conflict between any of these Terms and anything stated in any part of the Website, unless expressly stated otherwise, these Terms prevail to the extent of the inconsistency or conflict.

19. UNENFORCEABLE TERMS

If any provision of these Terms is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these Terms.

20. GOVERNING LAW AND JURISDICTION

These Terms are governed by the law in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.

21. PRIVACY

21.1. Your use of the Website, the Services and the making of a purchase will require you to submit personal information. The personal information that Builder Registration collects and uses may include your name, address, mobile phone number, email address, date of birth and payment information. Without the requested personal information, Builder Registration may be unable to provide the Services.

21.2. The Privacy Policy forms part of these Terms and applies to all personal information submitted by you.

21.3. Builder Registration will use and disclose your personal information as required to provide the Services and as permitted by its Privacy Policy and as required by law.

21.4. Unless Builder Registration notifies you otherwise, Builder Registration does not actively disclose your personal information overseas. However, use of certain programs or websites by Builder Registration, may involve inadvertent disclosure overseas. Further information relating to the programs or websites being used and the countries to which your personal and sensitive information may be disclosed, is contained in the Privacy Policy.

21.5. By using the Services and the Payments System and providing Builder Registration with your personal information, you agree to the Privacy Policy and consent to Builder Registration collecting, using, disclosing, processing, and storing your personal information in accordance with the Privacy Policy.

21.6. If you consent to disclosure of your personal and sensitive information as described above, Builder Registration is not required to take reasonable steps to ensure that programs or websites referred to above do not breach the Australian Privacy Principles (APPs) in relation to the disclosed information, Builder Registration will not be liable under the Privacy Act 1988 (Cth) and you will not be able to seek redress under the Privacy Act 1988 (Cth). Such entities may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities. Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by making your purchase.

21.7. The Privacy Policy also contains information about how you may access or seek correction of your personal information, how to file a complaint and how Builder Registration will deal with your complaint.

21.8. To view Builder Registration’s full Privacy Policy, please click here.