BYB Terms and Conditions and Collection Notice

Any Reports or Services (Third Party Services) that you acquire via our website are acquired directly from the relevant Third Party Service Provider.

We do not supply the Third Party Services and are not a party to any contract between you and any Third Party Service Provider. Third Party Services will be provided to you pursuant to the relevant Third Party Service Provider‘s own terms and conditions.

BYB expressly disclaims all liability that may arise out of the supply of Third Party Services to you.

Any decision made by you to purchase, sell or invest in any real property is entirely at its own risk.

We may provide you with a user name and password to access and order Third Party Services. You must keep your username and password secure and are responsible for all activity carried out under your username. To order Third Party Services you must be at least 18 years of age and capable of entering into a legally binding agreement.

We collect personal information about you in order to provide you with access to Third Party Services and for the purposes set out in our Privacy Policy. The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us provide you with access to the Third Party Services (including the Third Party Service Providers, suppliers, suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to Third Party Services.

If you order Third Party Services, we may disclose your personal information to the selling estate agent of the relevant property and, if you purchase the property, to other service providers such as professional tradesmen who may be able to assist you remedying any issues with the property. These recipients may use your personal information to make contact with you, and to provide information about the products and services that they offer.

When you order Third Party Services, you will provide us with personal information including your name, email address and telephone number. You consent to us collecting, using, disclosing and holding your personal information, and to us sending you direct marketing communications, for the purposes and in the manner set out in our Privacy Policy, which is hereby incorporated into, and forms part of, these Terms.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.

Full details of our Privacy Policy can be found at this link: https://www.beforeyoubuy.com.au/privacy-policy

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, subject to Your Consumer Rights (as defined below), we make no warranty regarding the information on this website. You should monitor any changes to the information contained on our website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We do not guarantee continuous, secured, or uninterrupted access to the BYB website.

The price for Third Party Services displayed on our website is an estimate only. The Service Provider’s final price will be specified when you place your order. You must review your order carefully before placing it. Once an order is placed, there are very limited circumstances to cancel or change it. Orders are only confirmed once payment is received in full. We may reject your order, including in circumstances where we believe there may be a credit card fraud.

After placing your order, you will receive an email confirmation from us containing PDF files relating to the Third Party Services you have ordered. We will attempt to send you PDF copies of any Reports you order within 48 hours of the Third Party Service Provider being given access to any building or information it requires to prepare the Report. You must not provide any Report provided to you by us or a Third Party Service Provider to any third party. If you do we may charge you the fees that we would have charged that third party to access the Report.

Our website and the Third Party Services are not optimised for use on smart phones. Please order Third Party Services using a desktop, laptop or tablet.

All intellectual property rights in the Report will be owned and dealt with according to the Third Party Service Provider‘s terms and conditions.

While it is generally the case that orders of Third Party Services cannot be cancelled or changed, there are some circumstances when the Service Provider will allow it. Cancellation of a Third Party Service can lead to charges ranging from $50 up to the full cost of a Report, and in some instances may be more than the initial payment made for the Service. Our Cancellation Policy is hereby incorporated into, and forms part of, these Terms.

Full details of our Cancellation Policy can be found at this link: https://www.beforeyoubuy.com.au/cancellation-policy

Our website may contain links to websites operated by third parties (Linked Websites). Those links are provided for convenience and may not be current. We do not endorse and are not responsible for the content on those Linked Websites.

Your access to Linked Websites is entirely at your own risk, and BYB makes no representations and gives no warranties about those Linked Websites.

BYB is not responsible for the content or privacy practices of any Linked Websites and does not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.

BYB does not make any representations or give any warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third-party intellectual property rights subsisting in any content or material posted on Linked Websites.

The BYB website uses ”cookies” as a fundamental interaction with your internet browser. A “cookie” is a small text file placed on a computer by the BYB web server.

BYB uses cookies on the website for various purposes, including where you access Linked Websites. Therefore, if you wish to make full use of the BYB website, it is recommended that you accept cookies.

BYB may use cookies to collect and use information for a range of purposes, including to maintain and improve the operation of the BYB website, to track user preferences and product requirements and to improve advertising relevance.

Unless otherwise indicated, we own or license all intellectual property rights relating to this website and all material available on this website (Content). You may only use the website and view the Content for the purposes of ordering Third Party Services in accordance with these Terms and, where applicable, as expressly authorised by us and/or our Third Party Service Providers. Any other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

If you purchase a Report from us or download a Report from our website at no cost, you must not:

• (a) on-sell the Report or any information in the Report to a third-party; or
• (b) purport to grant any rights in the Report to a third-party,
without our prior written consent, which we may withhold in our absolute discretion.

In addition to any other remedy which may be available in law or equity, we reserve our right to seek interim, interlocutory and permanent injunctions or any of them, to prevent a breach of this clause and to compel specific performance of it.

When using our website you must not do any act that breach any applicable law or our policies from time to time, including but not limited to (i) any act that would constitute a breach of the privacy or other legal rights of an individual; (ii) using this website to defame us, our employees or other individuals; (iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals; (iv) posting or transmitting any material that is, in our opinion, defamatory, racist, obscene, threatening, pornographic or which is detrimental to our or a third party's systems or network security; and (v) copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works or otherwise tampering with our website or any of the content or software on our website. If you post any information to our website, we have the right to take down the information at our sole discretion and without notice.

Nothing in these Terms excludes, restricts or modifies any rights that you have under the Australian Consumer Law or any other applicable law, that cannot be lawfully excluded, restricted or modified (Your Consumer Rights). You can find out more about Your Consumer Rights from the ACCC or State/Territory fair trading authorities.

To the extent permitted by Your Consumer Rights, we do not provide any warranties or guarantees in relation to: (i) the Third Party Service Providers, including their quality, expertise, reliability or financial standing; (ii) the Third Party Service, including whether they are accurate, comprehensive, error-free, up-to-date or not misleading and (iii) our website, including that its operation will be uninterrupted, error-free, secure or free from viruses.

If Your Consumer Rights require us to take responsibility for Loss in relation to a Third Party Service then, to the extent permitted by your Consumer Rights, our liability is limited to procuring, or paying the cost of, resupply the relevant Third Party Service. Subject to Your Consumer Rights, neither party will be liable to the other for (i) Consequential Loss or (ii) Loss arising from their own conduct.

Nothing in these Terms limits any rights that you may have against a Third Party Service Provider under any contract that you have with them or pursuant to Your Consumer Rights.

To the extent permitted by Your Consumer Rights, our total aggregate liability for any Loss you suffer arising out of or in connection with these Terms is limited to the fee received by BYB for the Third Party Services supplied to you.

You agree to indemnify BYB from and against any Loss arising out of or connection your:

• (a) breach of these Terms;
• (b) use or misuse of the BYB website;
• (c) use of the Third Party Services; or
• (d) decision to purchase, sell or invest in real property.

You are responsible for all costs and charges (including from your internet service provider) in accessing and using the BYB website.

These Terms may be varied by BYB at any time and when we do, we will provide notice of the changes on our website. You should regularly review our website to ensure that you are aware of any changes to these Terms. You agree to be bound by the revised Terms on receipt of notice of such change.

If any part of these Terms is held to be illegal or unenforceable in any jurisdiction, the continuation in full force and effect of the remaining provisions will not be prejudiced.

These Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Unless the context indicates otherwise, these words have the specified meanings:

ACL or Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2012 (Cth).

Consequential Loss means economic loss, business interruption loss, loss of revenue, profits, anticipated savings, data or opportunity, punitive or other forms of non-compensatory damages and consequential loss within the meaning of Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd [2008] VSCA 26.

Direct Loss mean loss or damage arising in connection with a breach of these Terms or anything done by us under them, excluding Consequential Loss.

Loss means Direct Loss and/or Consequential Loss.