Terms and Conditions
Home Building Auctions maintains this website www.homebuildingauctions.com.au and any related website for your information, education and use. Please feel free to browse the website.
1. If you are browsing this website as a non-commercial consumer, you may access or download material displayed on the website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below. Educational institutions may access, download, copy and print material on this site for non-commercial, educational purposes.
2. If you are browsing this website as an employee/agent/member of any business or organisation, you may access or download material displayed on the website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you retaining all copyright and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the website. Additionally, you may not: distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without Home Building Auctions’ prior written permission; or use any meta tags or any other ‘hidden text’ or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilize keywords that directly relate to a Home Building Auctions name, trade indicia, trade mark, logo, product or brand without Home Building Auctions’ prior written permission.
3. Your access to and use of the website is also subject to the Website Terms and Conditions stated below and all applicable laws. By accessing and browsing the website, you accept, without limitation or qualification, the Website Terms and Conditions stated below.
1. Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
Website Terms and Conditions
1. If you are under the age of 18, you may only access and contribute to this website with the involvement and consent of a parent or legal guardian.
2. All material on the website is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.
3. Your use of the website is at your risk.Home Building Auctions makes no warranties or representations as to its accuracy and, to the extent permitted by law,Home Building Auctions specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Home Building Auctions nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Home Building Auctions has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website is provided to you “AS IS” and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
4. To the fullest extent permitted by law, Home Building Auctions’ liability for breach of any implied warranties, conditions or undertakings which cannot be excluded is limited, at Home Building Auctions’ option, to: in the case of goods supplied or offered by Home Building Auctions: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services supplied or offered by Home Building Auctions: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
5. Features and specifications of products and/or services, and information of third party suppliers and third party products and/or services, described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks, are subject to change at any time without notice.
6. Home Building Auctions assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or uploading of content to this website, including but not limited to browsing the website (including accessing hyperlinks), contributing to the website or downloading of any materials, data, text, images, video, or audio from the website.Home Building Auctions also assumes no responsibility, and shall not be liable for, any interruptions or errors in gaining access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website. We also assume no responsibility, and shall not be liable for, any problems or technical malfunction of any telephone or network or lines, servers or providers, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures related to, or resulting from, your access to, use of or uploading of content to this website.
7. Any costs associated with accessing this website remain your responsibility and are dependent on the service provider used.
8. If you send any communications, materials or content (of any nature) to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Home Building Auctions or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, by sending or placing any such information, you grant to Home Building Auctions an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sub-license, modify, redistribute or otherwise deal with such information, materials or content including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information.
9. Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Home Building Auctions. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws and privacy laws, and civil and criminal statutes.
10. The website refers to products and/or services that are generally available in Australia but may not be available in your particular country or locality. The reference to any such products or services on this website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with Home Building Auctions for specific product/service availability in your locality.
11. Home Building Auctions is not responsible for the content of any site linked to or from the website. Your linking to any other site is entirely at your own risk. While Home Building Auctions may provide links on this website to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. To the extent permitted by law,Home Building Auctions disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
12. The website also contains social media links, applications or features (including but not limited to Facebook, Twitter, LinkedIn®, Google+, Scribd, YouTube and Pinterest) and the use of any social media platforms are subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media links, applications or features on the website, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on this website. The website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
13. You agree to your uploading content or contribution being available on the website and social media platforms (including Facebook, Twitter, LinkedIn®, Google+, YouTube, Pinterest and Scribd) for public viewing and comment and that your uploading content or contribution may be used in any way by Home Building Auctions in any media worldwide for an unlimited period of time without remuneration or compensation for the purposes of our website, and promoting, publicizing and/or marketing our website, brand, products or services, and any other purpose in our sole discretion.
14. Home Building Auctions reserves the right to request you to produce (within the requested time) appropriate photo identification or other documentation (to our satisfaction, at our sole discretion) in order to confirm your identity, age, eligibility to contribute to the website and any information submitted by you in contributing to the website, before accepting your content or contribution for public posting. This includes confirming consent of your parent/legal guardian if you are under 18 years of age, or that you obtained the consent of any third party or the owner of third party property depicted or otherwise included in your content or contribution (or if the third party or the owner of the third party property is under the age of 18, confirming consent of that person’s parent or legal guardian) and the name, age and address of the relevant person that gave their consent. If the documentation required by Home Building Auctions is not received by Home Building Auctions (or our nominated agent) within the time requested, your content or contribution may not be accepted for public posting on this website.
15. Home Building Auctions may in our sole and absolute discretion and at any time, edit, delete, re-format, reject, or remove any content or other form of contribution which you post or seek to post on this website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on this website.
16. You retain all right, title and interest in all intellectual property rights in any content or other contribution you make to this website. It is a condition of uploading content or contributing to this website that you agree to grant to Home Building Auctions a worldwide, perpetual, irrevocable, unconditional, non-exclusive, transferable licence (and agree to use your best endeavors to procure any relevant third parties to grant to Home Building Auctions such licence) to use your content or other contribution in any way and in any media for an unlimited period of time without remuneration or compensation for any reason including but not limited to public viewing and commenting on this or in connection with this website, and future promotional, marketing or publicity purposes relating to Home Building Auctions and its products or services, including the Home Building Auctions brand and any associated product or service lines. You must, upon request by Home Building Auctions, execute all documents and perform all acts necessary to grant such a licence to Home Building Auctions.
17. You also grant to each user of this website a non-exclusive licence to access your content or contribution through the website and to use your content or contribution in any way only as permitted through the functionality of the website and under these Website Terms and Conditions.
18. You consent for the benefit of Home Building Auctions to all or any acts or omissions that would ordinarily constitute an infringement of your moral rights in relation to all intellectual property rights in any content that you may create or generate and upload to Home Building Auctions for this website. ‘Moral rights’ has the meaning given to it in the Copyright Act 1968 (Commonwealth), and includes: a right of attribution of authorship; a right not to have authorship falsely attributed; and a right of integrity of authorship.
19. You may contribute to the Home Building Auctions online community subject to the following terms. These apply to any content contributed in any format to any platforms hosted or facilitated by Home Building Auctions. Although Home Building Auctions may from time to time monitor or review uploads, discussions, chats, postings, transmissions, bulletin boards and any content contributed in any format on the website or to any platforms hosted or facilitated by, Home Building Auctions is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, bullying, racist, aggressive, rude, inappropriate or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. The Home Building Auctions online community should be a genuine place to comment fairly and with dignity, grace and respect. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Home Building Auctions from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Home Building Auctions arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms and Conditions.
20. If you consider that any content or other contribution posted or uploaded to this website is offensive, unsuitable or has in some other way breached these Website Terms and Conditions, please contact Home Building Auctions with a link or description of the relevant content or contribution and your reasons for objecting to it via email: email@example.com ; telephone: 1300 855 566. We will consider your objection and determine whether the content or contribution should be removed in our sole discretion. You will not necessarily be contacted about our decision.
21. Home Building Auctions will fully cooperate with any law enforcement authorities or court order requesting or directing Home Building Auctions to disclose the identity of anyone posting materials on the website. In addition, you will not: a. Restrict or inhibit any other user from using or enjoying the website; b. Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or c. Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.
22. Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Home Building Auctions and any third party linked website owner reserve the right to accept or reject your order for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service, including any terms and conditions contained on any advertising for that product or service.
23. In order to access certain parts of this website, you may be required to register a user or subscriber account with a sign in email address and password. In order to register a user account in the manner required, you must provide all information requested, including your full name and current and valid email address. Incomplete, ineligible or incomprehensible user account registrations will be deemed invalid.
24. You will not be able to access certain parts of this website and/or engage certain functionality on the website unless you have registered a user account in the manner required. You must sign in to your user account in the manner required each time you wish to access the relevant part of the website and/or engage certain functionality on the website.
25. You are responsible for maintaining the strict confidentiality of your account sign in email address and password, and you are responsible for any activity under your account and password. You agree to: a. immediately notify us of any unauthorized use of your password or account or any other breach of security; and b. ensure that you sign out from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
26. We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user logins which are the same as or similar to existing user logins or are inappropriate, offensive, obscene, abusive, defamatory or insightful, and logins which infringe copyright, contain brand names, company names or registered trade marks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another living person.
27. Refunds. Once you have paid to engage the Home Building Auctions pricing service, and should you request a refund due to your change of mind or circumstances, this will not warrant or qualify a refund. Requested works, by yourself, will have already commenced by Home Building Auctions. Your expectations on what your supplied plans can or should be built for may be inaccurate- this amount will be determined by the end result of a builder’s quote. If Home Building Auctions supply a builder’s quote in excess of your budget, this will not warrant or qualify a refund. Home Building Auctions do not state or agree to any client’s expected budget price. The time taken to obtain and supply building quotes can vary due to builders obtaining trade and labor quotes and hence Home Building Auctions do not state a specific fixed quote supplied time frame and in some cases, depending on a job type, this can vary from 3 weeks up to 12 weeks.
From time to time Home Building Auctions offers promotions which may include refund guarantees, where in the event should Home Building Auctions fail to achieve a lower builder’s quote, the consumers could be entitled to a refund (ex GST) once they provide evidence that they have commenced actual building works (slab down) on site by their chosen builder.
Any refunds will take place after Home Building Auctions has completed the final negotiation price – after viewing your best builder’s quote, which you initially supplied to Home Building Auctions.
Home Building Auctions can request or arrange off-site photo evidence for confirmation. Home Building Auctions will request that you supply the contract and price you signed upon. Refusing to supply the contract documents, so Home Building Auctions can confirm your achieved lower price, will void any refunds.
From time to time Home Building Auctions may offer a price-beat guarantee, where whatever the quote from a builder you receive, will have Home Building Auctions able to complete final negotiations with a Home Building Auctions approved builder which you initially agreed or intended to deal with by way of phone, meetings or email, where you showed acceptance to deal with that builder. In the event that the Home Building Auctions final negotiated price is lower than your best supplied builder’s quote, then no refund will be paid. Should you disclose (to any builder) the Home Building Auctions final negotiated quote price being lower than your builders initial quote and should that builder then attempt to lower their quote, by even $1 under the final Home Building Auctions negotiated supplied quote, then it will result in all/any refunds from Home Building Auctions becoming void.
28. We will not accept any request to register a user account that we suspect is being made by or on behalf of a person who has been suspended from the website for breach of these Website Terms and Conditions or has been suspended as a user of another website for vexatious, illegal or inappropriate use of the website.
29. Home Building Auctions reserves the right to change this website in any way without notice to you. If you have authorized user access to the website, your ability to access and use the website may be terminated by Home Building Auctions at any time without notice to you.