Terms & Conditions

These Terms contain the terms, conditions and rules associated with your use of the App and associated Website and the Services the Company makes available through them. Therefore, these Terms form an agreement between you and the Company. We expect that you read the entirety of these Terms and agree to be bound by them before continuing to use the Services. By your access and use of the App, Website and Services, you demonstrate your agreement and consent to be bound by these Terms. If you do not agree and consent to these Terms, you should cease accessing and using the App, Website and Services.

Interpretation and Definitions

These Terms contain the terms, conditions, and rules associated with your use of the App and associated Website and the Services the Company makes available through them. Therefore, these Terms form an agreement between you and the Company. We expect that you read the entirety of these Terms and agree to be bound by them before continuing to use the Services. By your access and use of the App, Website, and Services, you demonstrate your agreement and consent to be bound by these Terms. If you do not agree and consent to these Terms, you should cease accessing and using the App, Website and Services.

Definitions

Account means a unique account created for you to access our Service or parts of our Service.
App refers to the Build Ezi mobile application.
Company (referred to as “the Company”, “we”, “us” or “our” in this Privacy Policy) refers to BUILD EZI AU PTY LTD (ABN 77 657 772 864, ACN 657 772 864), located at Suite 16, 17 Karp Court Bundall QLD 4217.
Personal Data is any information that relates to an identified or identifiable individual.
Privacy Policy means our privacy policy – a document that describes the data we collect from you and how we use it – which is accessible at http://www.buildezi.com/priacy-policy.
Services collectively refer to the Website and App and the features, software, materials, templates, information, files, document,s and other construction business management resources provided through them.
Terms mean this Terms of use agreement.
Website refers to the Build Ezi website, accessible from buildezi.com.
you/your means the user or individual accessing or using the App, Website and our Services (or the company or other legal entity on behalf of which such a user or individual is accessing or using our Services, as applicable).

Privacy Policy

Your use of the App, Website, and Services are also conditioned upon you agreeing to our privacy practices described in our Privacy Policy. To provide our Services, communicate with you, enable certain App functions, process your payments and comply with our legal obligations, we collect certain data from you when you use our Services. Please, review our Privacy Policy to learn about our data protection practices.

Access eligibility

We do not provide our Services to individuals, who under the law, are regarded as children (minors). We target the App to people at least 18 years of age – people who can enter a binding agreement. Specifically, your use of the Services must not violate these Terms or any applicable law.

Your Account

To manage your construction projects on the App, you will be required to register and own an Account by submitting Personal Data on the App. By submitting this data, you represent that it is accurate, complete, and current and that you will ensure such accuracy, completeness, and currentness.

You agree to be partly responsible for maintaining your Account security by keeping your login details confidential. You also agree to be fully responsible for all activities that occur under your Account. If you perceive any unauthorized access or use of your Account, you promise to immediately notify us at [email protected] or the Contact Us form.

By creating an Account and using our Services on behalf of another person, entity, or group, you warrant that you have their permission to represent them and that these Terms also apply to them.

You further agree that we may terminate your Account at any time without liability if we determine that your use violates these Terms.

Intellectual property rights and license

Intellectual property rights

If the Company is involved in a merger, acquisition, or asset sale, your Personal data may be transferred. We will provide notice before your Personal data is transferred and becomes subject to a different Privacy Policy.

The content on the Website and App, including without limitation, the texts, templates, documents, software, pictures, logos, designs, trade name, trademarks, service marks, trade dress, videos, icons, and documents form our intellectual property. They are licensed to the Company, and they are protected by copyright, patent rights, and other intellectual property rights in Australia and other locations.

The Company does not permit copying, using, downloading, or editing of its content, trademarks, trade name, or any materials, including with any products or services, in any manner that may bring confusion without the Company’s written permission.

The license granted to you

Based on your compliance with these Terms, the Company grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable license and right to access the App, Website and use our Services for your personal, non-commercial use.

Acceptable use

Except as otherwise provided under these Terms or anywhere else in writing (including under applicable laws), you may not or permit any third party to:

modify, reproduce, translate, decompile, disassemble, reverse-engineer, or create derivate works of the App and its functions;
lease, assign, rent or sublicense your Account to a third party without written permission from us; or
access or use the App in any manner that may overburden it, or that may threaten its integrity, availability, or performance. The Company reserves all rights not granted hereunder.

Furthermore, you may not:

Access or use the Services in any way that is unlawful, deceptive, or violates these Terms or any applicable law;
Attempt to access any portion of the Services you do not have proper access to;
Transmit worms, bugs, trojan horses, malware, spam, or viruses on the App or Website to obtain certain information or disrupt the Services; or
Do any action that may interfere with the smooth running of the App, including submitting files that place unreasonable burdens on the App.

Electronic communication

Your use of the Services may require us to communicate with you via electronic means, including via email or your Account dashboard on the App. We may also communicate with you through our legal documents. You hereby agree that when we communicate with you electronically, such communication shall satisfy any legal requirements.

Export Rules and Regulations Compliance

The Services provided through the App may be subject to the export control laws and regulations provided by the United States and your location. Therefore, you agree that you may not export the Services if it violates such laws, including to third parties who are in the countries that are under the U.S. Treasury Department’s list of Specially Designated Nationals or other applicable lists. You agree to comply with all export control laws in the U.S. and other applicable jurisdictions by not exporting any portion of the Services that violate these laws.

Fees and payments

Fees

To use most of the Services on the App, you must pay the amount required and stated on the payment page. Fees are payable in advance before the Services are provided. We reserve the right to change our fees at any time, which will not apply to any current subscription.

Payment Method

To pay for your fees, you are required to provide your PayPal email address or any other methods supported by us from time to time. After providing your payment method information, you will be charged upon your approval. Fees will be charged recurrently each month unless you cancel your subscription or your payment declines. By providing your payment method, you warrant that

You agree to the fees described on the payment page.
There are fees sufficient to cover your payment.
You have the right to authorize the payment.

Cancellation and Refunds

You may cancel your subscription at any time before the end of your current subscription. When you cancel your subscription, your use of the Services will cease at the end of your cycle unless you subscribe again. You hereby agree that our Services may not offer refunds due to their nature. For the avoidance of doubt, WE DO NOT OFFER REFUNDS.

Disclaimers

The resources provided on the App, including without limitation, all content, materials, documents, resources, templates, and information related to your construction projects are provided for informational purposes only. We do not warrant that they are accurate, valid, correct, or reliable, nor do we represent that they are safe for your use. We do not take any responsibility for whatever you use the information for. You hereby release us of any liability incurred from your use of the entire Services provided through the App.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY PROVIDES THE APP AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND – WHETHER EXPRESS OR IMPLIED – INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP OR SERVICE WILL

ALWAYS BE AVAILABLE OR FREE FROM INTERRUPTIONS, ERRORS, OR OMISSIONS.
ALWAYS BE FREE FROM BUGS, WORMS, TROJAN HORSES, OR OTHER HARMFUL PROGRAMS LAUNCHED BY THIRD PARTIES
PROTECT THE UNAUTHORISED ACCESS OF YOUR DATA OR ANY INFORMATION YOU INPUT ON THE APP. WE DO NOT WARRANT THAT THIRD-PARTY CONTENT, LINKS, OR ADVERTS AVAILABLE ON THE WEBSITE AND APP ARE SAFE, SECURE, OR RELIABLE FOR YOUR ACCESS.

Liability Limitation

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY (INCLUDING ITS EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, INCLUDING DAMAGES RELATING LOSS OF PROFIT, GOODWILL, DATA, PERSONAL INJURY AND OTHER INTANGIBLE DAMAGES CAUSED BY YOUR USE OR INABILITY TO USE OUR SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR

ANY ERRORS, OMISSIONS, OR INACCURACIES IN OUR SERVICES
ANY INFORMATION YOU INPUT ON THE APP
DOWNTIMES OR INTERRUPTIONS TO THE APP. AND THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY LEGAL THEORY – WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY – EVEN IF THE COMPANY HAS RECEIVED A PRIOR NOTICE OF THE POSSIBILITY OF SUCH A DAMAGE.

NEVERTHELESS, IF APPLICABLE LAW FINDS THE COMPANY LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, THE COMPANY’S LIABILITY SHALL NOT EXCEED THE COST OF SIX (6) MONTHS’ SUBSCRIPTION FEES OR A FIXED SUM OF $500AUD, WHICHEVER IS GREATER.

Indemnification

You hereby agree to defend, indemnify and hold the Company (including its employees, affiliates, directors, agents, licensors and suppliers) harmless from and against any damages, costs, expenses, liability, disputes, demands and claims made by any third party as a result of your use of the App and Services; your violation of any of our agreements; or your breach of any applicable law.

Links and Third-Party Websites

The App and Website may, on occasions, contain materials, links, content, resources, and information (“Links”) that lead to third-party websites and services (“Third-Party Websites”). The availability of any Links on the Website does not represent our endorsement of such Links. These Links are controlled and operated by their respective third parties without any affiliation with the Company. Therefore, these Terms do not govern such Links; rather, they are governed by the terms posted on the websites and apps of their respective third parties. We encourage you to review their terms before accessing Third-Party Websites. You also release us of any liabilities associated with your access and use of any Links and Third-Party Websites.

Applicable law

The laws of Queensland, Australia govern these Terms and any dispute of any sort that may arise from them. You agree that any dispute or claims arising out of these Terms shall be settled in the courts located in Queensland.

Changes to these Terms

As time passes and the need arises, we will modify and change portions of these Terms. When we make such changes, the Effective Date above will be changed to communicate the date of the last update. We may communicate such changes to you via email or the Website or App; however, it is your responsibility to review this page from time to time to watch out for changes. Upon the changes going live, they will supersede the previous version of the changed portion. By your continued use of our Services after such changes, you demonstrate your agreement with the changes.

General Provisions

Entire agreement

These Terms represent the entire agreement between you and the Company in connection with the App, Website, and Services contemplated herein. These Terms prevail over any agreements, understandings, or covenants that existed before them – be it written or oral.

Waiver

Our failure or delay to exercise a right under these Terms shall not represent a waiver of our right to exercise such a right at a later time or on similar violations. No waiver is valid unless it is in writing.

Force Majeure

If there is a delay or failure to provide our obligations under these Terms due to events beyond our reasonable control, including without limitation government actions, civil unrest, internet breakdown, earthquake, riots, war and pandemics, we shall not be liable for any damages or losses arising therefrom.

Assignment

You may not assign your rights under these Terms to a third party without written approval from the Company. On the other hand, the Company may assign its rights under these Terms to a third party.

Severability

If any portion of these Terms is found to be invalid or unenforceable, such a portion shall be deemed severable, and it shall not affect the remaining portions.

Contact us

If you have any questions, complaints, inquiries, or queries about these Terms, you may contact us at [email protected].

Build Ezi Is Made for All Devices

Simply search “Build Ezi” on either IOS App Store or for Android on Google Play!

Terms & Conditions