Legal Document
Builder Subscription & Advertising Agreement
Compare My Build — ABN 29 071 511 793 — www.comparemybuild.com.au
1. Introduction and Acceptance
1.1 This Builder Subscription & Advertising Agreement (Agreement) is a legally binding contract between Compare My Build (ABN 29 071 511 793), the owner and operator of the Compare My Build platform located at www.comparemybuild.com.au (we, us, our, or Compare My Build), and the builder, contractor, or trade professional who registers for and uses the platform (you, your, or Builder).
1.2 By ticking the acceptance checkbox during the registration or payment process and clicking "Continue", "Submit", or "Pay Now", you confirm that:
— (a) you have read and understood this Agreement, our Terms & Conditions, and our Privacy Policy in full;
— (b) you are authorised to enter into this Agreement on behalf of yourself or your business;
— (c) you agree to be bound by this Agreement, our Terms & Conditions, and our Privacy Policy, each of which is incorporated into this Agreement by reference; and
— (d) your acceptance has been recorded with a timestamp, agreement version reference, and IP address, which may be relied on as evidence of your acceptance.
1.3 Acceptance of this Agreement is mandatory. You cannot complete your registration, submit a builder profile for any Plan (including a Free Listing), or make any payment unless you have first accepted this Agreement by ticking the required checkbox. The acceptance checkbox cannot be pre-filled, bypassed, or omitted from any registration or payment flow.
1.4 If you do not agree to this Agreement, you must not register for or use the platform.
2. Definitions
In this Agreement:
— "Account" means your registered builder account on the platform.
— "Builder Content" means all information, materials, images, logos, branding, inclusions data, project descriptions, pricing information, testimonials, marketing materials, and any other content submitted by you to the platform.
— "Builder Profile" means the public-facing profile page created for and/or by you on the platform.
— "Enquiry" or "Lead" means a buyer enquiry or request for information submitted through the platform that is directed to or shared with you.
— "Fees" means the subscription fees applicable to your selected Plan, as published on the platform from time to time.
— "Plan" means the subscription tier you have selected, as described on the platform.
— "Platform" means the Compare My Build website, web application, tools, builder directory, comparison features, and all associated services at www.comparemybuild.com.au.
— "Subscription Period" means each monthly billing cycle commencing on the date of your initial subscription and renewing on the same date each calendar month.
— "User" or "Buyer" means a homeowner, developer, or other person who uses the platform to search for, compare, or enquire about builders.
3. About the Platform
3.1 Compare My Build is a multi-purpose digital platform that operates as:
— (a) a builder comparison and discovery service, allowing Users to browse, compare, and enquire about builders based on profile and inclusions information;
— (b) a builder profile advertising service, allowing Builders to display their business information and marketing content to prospective clients;
— (c) a lead generation service, facilitating the submission and distribution of buyer enquiries to Builders; and
— (d) a subscription-based SaaS service, providing Builders with ongoing access to platform tools, profile management, and advertising exposure.
3.2 The platform operates as a marketplace and advertising medium. Compare My Build does not act as an agent or representative of any Builder, and does not supervise or warrant any transaction or relationship between a Builder and a User.
4. Subscription Plans and Features
4.1 Compare My Build offers subscription plans including (but not limited to) the following tiers:
— (a) Free Listing — a no-cost basic listing with limited profile features;
— (b) Builder Profile — a paid subscription providing an enhanced profile and advertising exposure; and
— (c) Premium Builder — a paid subscription with elevated visibility, priority placement, and expanded platform features.
Additional tiers may be introduced from time to time.
4.2 Features described on the platform The features, inclusions, upload limits, advertising benefits, lead generation functionality, comparison participation rights, and visibility levels associated with each Plan are described on the Compare My Build website and platform at www.comparemybuild.com.au. The website and platform are the primary and authoritative source of current plan inclusions. Plan features are not set out exhaustively in this Agreement so that the platform can remain current without requiring a legal update for every product change.
4.3 Features may change Plan features, inclusions, upload limits, advertising benefits, lead functionality, visibility levels, and comparison participation rights may change from time to time as the platform evolves. Where a change materially reduces the features available under your current paid Plan, we will provide at least 30 days' written notice. If that change is unacceptable to you, you may cancel your subscription under clause 9.3 before it takes effect, without any further obligation.
4.4 We do not guarantee that any Plan will remain available indefinitely. We may introduce new plans, retire existing plans, or restructure our offerings with reasonable notice to affected subscribers.
5. Fees, Billing, and Payment
5.1 Monthly billing Paid Plans are billed on a recurring monthly basis. Fees are charged automatically at the start of each Subscription Period using the payment method on file.
5.2 Pricing Current Fees are published on the platform in Australian dollars (AUD). All fees are stated in Australian dollars. GST is not currently charged. If GST becomes applicable to the Services in the future, applicable GST may be added to fees in accordance with Australian law.
5.3 Price changes We may change Fees applicable to your Plan. We will provide at least 30 days' prior written notice of any Fee increase. If you do not wish to continue at the new price, you may cancel under clause 9.3 before the change takes effect. Continued use after the effective date of a price change constitutes acceptance of the new Fees.
5.4 Automatic renewal Your subscription renews monthly unless cancelled under clause 9.3. You are responsible for managing your subscription and cancelling before renewal if you do not wish to continue. Cancellation is available through your Account settings at any time.
5.5 Failed payments If a payment fails, we will notify you and may attempt to re-process it. If payment is not received within 7 days of the due date, we may suspend your Account under clause 10. If payment remains outstanding for 30 days, we may terminate your subscription under clause 9.2.
5.6 No partial refunds Fees are charged in advance for each Subscription Period. We do not provide refunds for unused portions of a Subscription Period following cancellation or termination, except where required by law including under the Australian Consumer Law.
5.7 Upgrade and downgrade You may upgrade to a higher-tier Plan at any time, with the upgrade taking effect from the next billing date. You may downgrade at any time, with the downgrade taking effect at the end of your current Subscription Period. No credits are issued for downgrades within a current Subscription Period.
6. Builder Profile and Content
6.1 Your representations By submitting Builder Content, you represent and warrant that:
— (a) all information submitted is accurate, complete, and not misleading;
— (b) you own or hold all necessary licences, rights, and permissions to submit and use the Builder Content on the platform;
— (c) the Builder Content does not infringe any third party's intellectual property, privacy, or other rights; and
— (d) the Builder Content complies with all applicable laws, including the Australian Consumer Law and laws governing advertising in the building and construction industry.
6.2 Accuracy and updates You are responsible for keeping your Builder Profile current and accurate. You must promptly update your profile to reflect any material changes to your business information, inclusions, licensing, or availability.
6.3 Our rights to manage content We may, at our discretion and without prior notice:
— (a) edit the formatting, layout, or presentation of your Builder Content for consistency or display purposes;
— (b) reject, remove, suspend, unpublish, or request correction of any Builder Content that we reasonably consider to be: inaccurate, misleading, or deceptive; incomplete or of insufficient quality for publication; in breach of this Agreement, our content guidelines, or applicable law; inappropriate, offensive, or harmful to Users; or otherwise inconsistent with the standards of the platform; and
— (c) add contextual information or publicly available data alongside your Builder Profile.
6.4 Builder responsibility Compare My Build does not verify Builder Content before publication. You bear sole responsibility for the accuracy and completeness of your profile. Compare My Build will not be liable for any loss arising from inaccurate or outdated Builder Content submitted by you.
7. Public Information and Data Use
7.1 You acknowledge that Compare My Build may collect and use the following for the purpose of building and operating the platform:
— (a) publicly available information about your business, including your business name, ABN, licence details, and publicly accessible contact information;
— (b) Builder Content submitted by you;
— (c) marketing materials, brochures, inclusions lists, and other promotional materials you make publicly available or provide to us; and
— (d) publicly accessible data about your inclusions, build specifications, or product offerings.
7.2 We may use this information to create and display Builder Profiles, enable user search and comparison features, and operate and promote the platform.
7.3 We handle all personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
8. Advertising Exposure and Lead Generation — Disclaimer
8.1 Nature of subscription fees Subscription Fees are charged for access to the platform, publication and display of your Builder Profile, advertising exposure, and participation in the platform's comparison and lead generation features. Fees are not a payment for guaranteed business outcomes. Specifically, Compare My Build does not guarantee:
— (a) any minimum number of Enquiries or Leads during any Subscription Period;
— (b) the quality, legitimacy, seriousness, intent, or accuracy of any Enquiry or Lead;
— (c) any minimum level of traffic, impressions, page views, or user engagement with your Builder Profile;
— (d) any particular ranking, placement, or visibility position on the platform;
— (e) any conversion, sales, contract, or revenue outcome arising from Leads or platform exposure;
— (f) any minimum level of advertising impressions or marketing exposure; or
— (g) any particular sales performance outcome.
8.2 Lead volume fluctuation Lead volume may fluctuate based on platform activity, seasonal demand, user behaviour, geographic factors, competition on the platform, and other variables outside our control.
8.3 Enquiry quality Enquiry quality may vary. Not all Leads will result in project opportunities, client engagements, or sales. Buyer intent, seriousness, and readiness to proceed may differ between Enquiries. Compare My Build is not responsible for the conduct, decisions, or project outcomes of any Buyer.
8.4 Visibility and exposure Advertising exposure and profile visibility are not guaranteed. Visibility is influenced by your Plan tier, platform algorithms, user behaviour, geographic factors, and other variables, and may change as the platform evolves.
8.5 Independent assessment You acknowledge that you have independently assessed the suitability of the platform for your business purposes and have not relied on any representation by Compare My Build regarding the likely commercial benefit of subscribing.
9. Term and Termination
9.1 Term This Agreement commences on acceptance under clause 1.2 and continues on a month-to-month basis until terminated.
9.2 Termination by Compare My Build We may terminate your subscription by providing at least 30 days' written notice. We may terminate immediately, without notice, if:
— (a) you are in material breach and fail to remedy it within 14 days of written notice from us;
— (b) you engage in conduct we reasonably consider fraudulent, deceptive, abusive, or harmful to Users, other builders, or the platform; or
— (c) continued provision of the service is unlawful.
9.3 Cancellation by builder You may cancel your subscription at any time via your Account settings. To avoid being charged for the following Subscription Period, cancellations must be completed before the next billing date. Following cancellation, your subscription continues until the end of the current Subscription Period, after which your Account will revert to Free Listing or be deactivated.
9.4 Effect of termination On termination:
— (a) your access to paid Plan features will cease;
— (b) your Builder Profile may be removed from the platform, subject to clause 7 regarding publicly available information;
— (c) you remain liable for all Fees incurred up to the date of termination; and
— (d) clauses 8, 13, 14, 15, 19, 20, and 22 survive termination.
10. Suspension
10.1 We may suspend your Account or restrict access to platform features, without terminating this Agreement, in the following circumstances:
— (a) non-payment of Fees under clause 5.5;
— (b) submission of inaccurate, misleading, or non-compliant Builder Content;
— (c) suspected breach of the Acceptable Use requirements in clause 16;
— (d) investigation of a complaint by a User or third party; or
— (e) where suspension is necessary to protect the integrity or security of the platform.
10.2 We will notify you of a suspension and its reason as soon as reasonably practicable, and will advise you of the steps required to restore your Account where the suspension is due to a remediable issue.
10.3 Fees continue to accrue during a suspension caused by your breach or non-payment. We will not charge Fees during a suspension caused by our own technical fault.
11. Manual Approval and Profile Publication
11.1 All new Builder Profiles, and any material updates to existing profiles, are subject to manual review and approval by Compare My Build before publication on the platform. Builder Profiles do not auto-publish after payment or registration.
11.2 Payment of Fees does not guarantee publication of your Builder Profile. Compare My Build reserves the right to approve, reject, suspend, edit, unpublish, or remove any Builder Profile or Builder Content at its sole discretion, including after payment has been made. This includes, without limitation, where we determine that:
— (a) the profile contains misleading, inaccurate, or deceptive content;
— (b) the profile is incomplete or of insufficient quality for publication;
— (c) the submission is of poor quality or does not meet platform standards;
— (d) the profile breaches this Agreement, our content guidelines, or applicable law;
— (e) the content is inappropriate, offensive, or harmful to Users; or
— (f) the builder does not hold the licences or credentials represented in the profile.
11.3 Where we decline to publish or remove a Builder Profile, we will notify you and, where the issue is remediable, advise you of the steps required to bring the profile into compliance.
11.4 Where a Builder Profile is rejected prior to publication and no fault exists on your part, we will refund Fees paid for the relevant Subscription Period. In all other cases, the no-refund policy in clause 5.6 applies.
12. Lead Sharing Consent
12.1 By subscribing to a Plan that includes lead generation features, you consent to Compare My Build:
— (a) receiving buyer enquiries from Users;
— (b) sharing those enquiries with you as Leads, including the User's contact details and project information as submitted; and
— (c) sharing those enquiries with other builders on the platform who may also be eligible to receive the Lead.
12.2 You acknowledge that Leads may be shared with more than one Builder simultaneously, and that receiving a Lead does not give you any exclusive right to that User's business.
12.3 You must only use Lead information for the purpose of responding to the User's enquiry. You must not use Lead information for unsolicited marketing, add Users to mailing lists without their consent, or share Lead data with third parties.
13. Search, Ranking, and Visibility
13.1 Compare My Build determines the placement, ranking, featured status, visibility, ordering, and presentation of Builder Profiles at its sole discretion. Factors that may influence ranking and visibility include Plan tier, profile completeness, platform algorithms, user search behaviour, geographic factors, and other variables.
13.2 Rankings and visibility may change over time. Higher-tier Plans generally receive greater placement and promotional weighting, but no particular ranking position is guaranteed under any Plan.
13.3 We may adjust our ranking algorithms, search functionality, and visibility logic at any time as part of ongoing platform development. These adjustments do not constitute a breach of this Agreement and do not entitle you to a refund.
14. Non-Exclusivity
14.1 Compare My Build may display competing builders on the platform alongside your Builder Profile. We do not provide category, suburb, postcode, state, or regional exclusivity to any Builder unless exclusivity has been expressly agreed in a separate written agreement signed by an authorised representative of Compare My Build.
14.2 The presence of competing builders on the platform does not constitute a breach of this Agreement.
15. Platform Evolution and Flexibility
15.1 Compare My Build is an evolving platform. We may, at any time and at our discretion:
— (a) add, modify, or remove platform tools, features, or functionality;
— (b) adjust comparison categories, search filters, or directory structures;
— (c) modify ranking logic, visibility weights, or profile presentation;
— (d) change onboarding requirements, profile formats, or submission guidelines;
— (e) alter profile layouts, display formats, or content fields; and
— (f) introduce new subscription tiers, features, or pricing structures.
15.2 Where a change materially reduces the features available under your current paid Plan, we will provide at least 30 days' written notice and a genuine right to cancel under clause 9.3.
15.3 During launch, beta, or growth phases of the platform, features, tools, and functionality may change frequently as we develop and improve our services. You acknowledge that the platform is in active development and that product changes are a normal part of that process.
15.4 Some features may be released in beta or trial form. Beta features are provided on an experimental basis and may not perform as expected. We do not warrant the reliability, accuracy, or continued availability of any beta feature.
16. Acceptable Use
16.1 You agree not to use the platform for any unlawful, harmful, or improper purpose. Without limiting this, you must not:
— (a) submit Builder Content that is false, misleading, deceptive, or inaccurate, including false representations about licences, experience, project history, or inclusions;
— (b) make unsubstantiated claims about services, pricing, or build quality;
— (c) engage in spam or unsolicited communications with Users using information obtained through the platform;
— (d) upload content that is defamatory, offensive, or that infringes any person's intellectual property or privacy rights;
— (e) misuse Lead information, including using it for purposes beyond responding to a specific Enquiry, on-selling Lead data, or contacting Users inconsistently with this Agreement;
— (f) use automated tools, bots, scrapers, or other methods to extract or harvest data from the platform;
— (g) copy or distribute the platform's data, builder listings, or comparison content for use in competing products or services;
— (h) attempt to gain unauthorised access to the platform, other accounts, or our systems;
— (i) interfere with or disrupt the operation of the platform or related infrastructure; or
— (j) use the platform in any way that damages the reputation or commercial interests of Compare My Build.
16.2 We may investigate suspected breaches and take action including removing Builder Content, suspending your Account, or terminating this Agreement under clause 9.2.
17. Intellectual Property
17.1 Our IP The platform, including its design, code, features, data structures, comparison tools, brand assets, and all content created by Compare My Build, is owned by or licensed to Compare My Build. Nothing in this Agreement transfers any platform intellectual property rights to you.
17.2 Licence to you Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for the purpose of managing your Builder Profile and engaging with Leads during your subscription.
17.3 Licence from you By submitting Builder Content, you grant Compare My Build a non-exclusive, royalty-free licence to use, display, reproduce, adapt, and distribute the Builder Content for the purpose of operating and promoting the platform, including displaying your profile to Users and using Builder Content in platform marketing.
17.4 Ownership You retain ownership of your intellectual property in Builder Content, subject to the licence in clause 17.3.
18. Privacy and Data
18.1 We collect, use, and disclose personal information in accordance with our Privacy Policy at www.comparemybuild.com.au/privacy-policy, which forms part of this Agreement.
18.2 By using the platform, you acknowledge that:
— (a) we will collect and process information about you and your business in connection with providing the services;
— (b) we may use aggregated, de-identified data from platform activity to improve the platform and develop new features; and
— (c) where you receive Lead information, you become responsible for that personal information and must handle it in compliance with applicable privacy laws, including the Privacy Act 1988 (Cth).
19. Limitation of Liability
19.1 No warranty The platform and all services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no representations or warranties in relation to:
— (a) the accuracy or completeness of any builder comparison data, profile information, or directory content;
— (b) the quality, suitability, or conduct of any Builder listed on the platform;
— (c) the likelihood that a Builder Profile will generate Leads, enquiries, or revenue;
— (d) uninterrupted or error-free operation of the platform; or
— (e) the fitness of the platform for any particular purpose.
19.2 Limitation on liability To the maximum extent permitted by law, Compare My Build's total aggregate liability to you under or in connection with this Agreement is limited to the total Fees paid by you to Compare My Build in the 3 months immediately preceding the event giving rise to the claim. This cap reflects the nature of the platform as an advertising and lead generation service and is proportionate to the Fees charged.
19.3 Exclusion of consequential loss To the maximum extent permitted by law, Compare My Build is not liable for:
— (a) indirect, consequential, incidental, special, or punitive loss or damage;
— (b) loss of revenue, profit, business opportunity, or anticipated savings;
— (c) loss arising from lead quality, lead accuracy, or the decisions or conduct of Buyers;
— (d) loss arising from platform downtime or service interruptions;
— (e) loss arising from inaccurate Builder Content submitted by you or another Builder;
— (f) loss arising from changes to lead volume, visibility, or ranking; or
— (g) loss arising from any conversion or sales outcome.
19.4 Australian Consumer Law Nothing in this Agreement excludes, restricts, or modifies any right, guarantee, or remedy that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law. Our liability for a failure to comply with a consumer or small business guarantee that cannot be excluded is limited (to the extent the law permits) to resupplying the relevant services or paying the cost of having them resupplied.
20. Indemnity
20.1 You agree to indemnify and hold harmless Compare My Build, its directors, employees, and contractors from and against any claims, damages, losses, and costs (including reasonable legal costs) arising from:
— (a) your use of the platform;
— (b) Builder Content you submit, including any claim that it infringes a third party's rights or is misleading;
— (c) your breach of this Agreement; or
— (d) your breach of any applicable law in connection with your conduct on the platform.
21. Modifications to this Agreement
21.1 We may update this Agreement from time to time to reflect changes in our services, legal requirements, or platform operations.
21.2 Where a modification materially affects your rights or obligations, we will provide at least 30 days' written notice by email to the address associated with your Account or by notice within the platform.
21.3 If a material modification is unacceptable, you may cancel your subscription under clause 9.3 before it takes effect. Continued use of the platform after the effective date constitutes acceptance of the updated Agreement.
22. General
22.1 Governing law This Agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
22.2 Dispute resolution If a dispute arises, the parties agree to first attempt resolution by direct negotiation. If unresolved within 20 business days of written notice, either party may refer the matter to a mediator agreed between the parties, or appointed by the Resolution Institute. Nothing prevents either party from seeking urgent interlocutory relief.
22.3 Notices Notices may be sent by email. Notices to you will be sent to the email address on your Account. Notices to Compare My Build must be sent to:
— Email: hello@comparemybuild.com.au
— Website: www.comparemybuild.com.au
22.4 Entire agreement This Agreement, together with our Terms & Conditions and Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and agreements.
22.5 Severability If any provision is found invalid, unenforceable, or illegal, it will be severed and the remaining provisions will continue in full force.
22.6 No waiver A failure or delay in exercising any right or remedy does not constitute a waiver of that right or remedy.
22.7 Assignment You must not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of assets, with reasonable notice to you.
22.8 Relationship of parties Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
Compare My Build — Builder Subscription & Advertising Agreement
Version 1.0 | hello@comparemybuild.com.au | www.comparemybuild.com.au