Build Together Project Management terms and conditions

Last updated: 15 November 2023

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY SERVICES

1. Acceptance of Terms

1.1.  These Terms and Conditions (Terms) form a binding contractual agreement between you and Build Together Project Management (Build Together).

1.2.  Before enlisting Build Together’s services, it is important you have read and understood these Terms. You can contact Build Together at any time to clarify any obligations set out in these Terms prior to engaging our services.

1.3.  If you engage Build Together to provide you with services, you will be deemed to have accepted these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Build Together and “You” and “Your” refers to you, the client.

1.4.  We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on www.buildtogetherpm.com.au.

2. Professional Scope of Services 

2.1.  Services provided by Build Together (including employees of Build Together) are in no way legal practice as referred to in the Legal Practice Act 1996. 

2.2.  The Services Build Together (including employees of Build Together) does not perform includes:  

(a)  giving legal advice,  

(b)  interpreting and applying legislation or case law for use of a client, or  

(c)  drafting legal documents. 

2.3.  In reference to the Legal Practice Act 1996, Section 315, Build Together (including employees of Build Together) is not to be taken to engage in legal practice in any of the following circumstances:  

2.3.1 he or she fills out—  

(a)  a standard form contract— 

(i)  permitted by the regulations; or 

(ii)  approved by the Victorian Legal Services Commissioner or a local professional association within the meaning of the Legal Profession Uniform Law Application Act 2014; or  

(b)  a contract prepared by— 

(i)  an Australian legal practitioner; or 

(ii)  a licensee within the meaning of the Conveyancers Act 2006. 

2.4.  The scope of services performed by Build Together (including employees of Build Together) performs includes:  

5.6.  Project Manager Building as authorised by the Victorian Building Authority Building practitioner registration 

3. Services

3.1.  Build Together agrees to:

3.1.1.  Supply the services offered in the timeline agreed 

3.2.  You agree to:

3.2.1  Supply any information required to enable the provision of services by Build Together in a prompt manner

3.2.2  Provide payment for services agreed as per the payment terms provided in these Terms and Conditions

4. Payment Terms

4.1.  Payment within 3 days of the date of an invoice is requested unless otherwise agreed.

4.2.  Non-payment or delayed payment will result in the canceling or rescheduling of the appointment.

5. Disclaimer

5.1.  All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional and legal advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.

6. Limitation of Liability

6.1.  To the extent permitted by law, Build Together expressly excludes its liability and is not responsible to you for any loss or damage you might incur as a result of your use of our services, and any information provided by Build Together whether or not from errors or from omissions in our documents or information we may provide or as otherwise as relevant to the services provided. Notwithstanding the foregoing, nothing in these Terms excludes any liability implied or imposed by any laws (including the Australian Consumer Law) that cannot be lawfully excluded or limited. Where Build Together can limit its liability under the Australian Consumer Law, Build Together limits such liability to the following (at Build Together’s option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

6.2.  You agree that Build Together will not be liable to you for, and you will not seek to recover from Build Together any loss or cost incurred by you in the event of any mental, physical, emotional stress or distress caused directly or indirectly in relation to your service engagement.

6.3.  Notwithstanding any other provision of these Terms, Build Together will not be liable to you for any loss of revenue, loss of profit or anticipated profit, loss of production, business interruption of any nature, loss of business opportunity, loss of business reputation, loss of contract, value of shares, wasted overheads, payment of liquidated sums, penalties or damages under any agreement or any other indirect, remote, consequential, punitive, exemplary or special loss or damage.

6.4.  You acknowledge and agree there is no guarantee that you will earn or save any money as a result of you engaging us to provide services or from any information available online or provided to you by Build Together. Any decision you make, and the consequences of decisions made are your sole responsibility. Always seek the appropriate professional advice before acting on any information that we provide.

6.5.  Information provided through our services and on our website is general in nature and your use of, or reliance on, any information or materials is entirely at your own risk. Build Together will not be liable to you in any way whatsoever in relation to your use of any such information or materials.

6.6.  Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information available to you in our service and on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information or as to their correctness, suitability, accuracy, reliability, or otherwise.

7. Your Indemnity

7.1.  You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.

8. Liability

8.1.  We are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from our service.

9. Cancellations And Rescheduling

9.1.  The length of your service is as outlined on our website and in the appointment notification you will receive upon confirmation of you booking the service.

9.2.  It is very rare for us to run late for your session.  If this happens, with your permission, we’ll arrange to extend your session time so you don’t miss out.

9.3.  If you arrive late for your appointment please be aware that due to other bookings, it is unlikely we will be able to extend your session time. If you are going to be more than 10 minutes late for your session please let us know with as much notice as possible.

9.4.  We’ll work with you to agree a time for your service appointment.  You can only move your session with at least 48 hours ‘notice.

10. Returns And Refunds

10.1.  Build Together handles refunds in accordance with the Australian Consumer Law.

10.2.  Should you wish to cancel or reschedule your appointment please notify us at least 48 hours prior to your appointment.

10.3.  If you cancel any services agreed by you to be supplied by Build Together once provision of service has commenced, you will be required to pay the cost of any services rendered prior to the date of cancellation.

10.4.  Refunds will be processed promptly and funds will be returned using the same method that you made payment.

11.  Confidentiality And Privacy

11.1.           We are committed to protecting your privacy.

11.2.           We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and (notwithstanding that Build Together is under no legal obligation to comply with the Australian Privacy Principles) we make all reasonably endeavours to adhere to the Australian Privacy Principles.

11.3.           All matters discussed between us remain fully confidential.

12.  Intellectual Property

12.1.           You acknowledge that Build Together remains the owner of all its intellectual property, including but not limited to any names, trademarks, forms, documents, processes and content owned, created or developed by Build Together.

12.2.           You have no right to use or reproduce any of the information or materials provided to you in engaging our service or materials on our website. You must not at any time reproduce materials given to you except for your own personal use.

13.  Copyright, Trademark And Restrictions Of Use

13.1.           Build Together expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

13.2.           Any redistribution or reproduction of part or all of the contents in any form is prohibited.

14.  Force Majeure

14.1.           Neither party will be deemed in breach of these Terms to the extent of any delay or non-performance caused by reason of fire, earthquake, labor dispute, act of god or public enemy, pandemic, epidemic, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or event.

15.  Dispute Resolution

15.1.           Should a dispute arise between us, we strongly encourage you to contact us in the first instance to seek a resolution. If resolution cannot be achieved between you and Build Together, the dispute may be referred to an alternative dispute resolution procedure, such as mediation or arbitration.

16.  Applicable Law

16.1.           These Terms shall be construed in accordance with and governed by the laws of the State of Victoria. You consent to the exclusive jurisdiction of the courts in the State of Victoria to determine any matter or dispute which arises between us.