Trade Connect Advertising &
Subscription Agreement

This Advertising & Subscription Agreement (Agreement) is entered into between:

Compare My Build (ABN 29 071 511 793) of 88 Peary Street, Northgate QLD 4013, Australia, the operator of the Trade Connect platform (we, us, our); and

the Subscriber, being the business or individual who accepts this Agreement during account registration, listing submission or subscription purchase (you, your).

Together referred to as the parties.

This Agreement is accepted electronically via click-wrap acceptance. By ticking the acceptance checkbox, clicking "I Agree", completing account registration, submitting a listing, or purchasing a subscription plan, you confirm that:

• (a) you have read, understood and agree to be bound by this Agreement;
• (b) you have authority to enter into this Agreement on behalf of the business you are registering; and
• (c) the information you have provided is accurate and complete.

This Agreement becomes legally binding at the point you complete a subscription purchase. If you do not agree to these terms, you must not proceed with registration or purchase.

We may update this Agreement from time to time. We will notify you of material changes by email and by posting the updated version on our website. Continued use of your subscription after any notice period constitutes acceptance of the updated terms.

Trade Connect is a business directory and advertising platform operated by Compare My Build. It allows trades, builders, suppliers, consultants and construction-related businesses to advertise their services and create public business listings visible to homeowners, builders and property owners throughout Australia.

We provide advertising and directory listing services only. We are not:

• (a) a provider of trade, building, construction or related services;
• (b) an agent, broker or representative of any Subscriber;
• (c) a party to any contract, agreement or transaction between a Subscriber and any third party; or
• (d) responsible for the quality, safety, legality or performance of any services advertised on the platform.

We do not guarantee, represent or warrant:

• (a) any volume of leads, enquiries, sales or conversions;
• (b) any level of website traffic, profile views or click-through rates;
• (c) any search engine rankings, internal directory placement positions or algorithmic outcomes;
• (d) any return on investment or advertising performance; or
• (e) that your listing will be seen by any particular number or category of users.

Advertising performance varies between businesses, industries, service types and geographic locations. Purchasing a subscription does not guarantee any particular commercial outcome.

The following subscription plans are available: Featured Listing — $29.00/month (business profile page, logo, business description, website link, phone number, one service region, directory listing). Premium Listing — $49.00/month (everything in Featured, plus multiple service regions, photo gallery, enhanced profile features, priority placement within directory categories, additional promotional exposure).

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.

Tax invoices will be issued electronically to the email address registered on your account.

Plan features and inclusions may change from time to time. We will provide you with reasonable prior notice of any material changes to your plan features.

Subscriptions are billed on a monthly recurring basis commencing on the date of your initial purchase.

By purchasing a subscription, you authorise Compare My Build and its payment processor (Stripe) to charge your nominated payment method for the applicable monthly subscription fee automatically on each billing cycle, without further authorisation from you.

Billing occurs on the same date each month as your initial subscription date. If your billing date falls on a date that does not exist in a given month, billing will occur on the last day of that month.

It is your responsibility to ensure your payment details remain current and valid. You may update your payment method at any time through your account settings.

Failed Payments: If a payment fails, we will notify you by email. We may: (a) retry the charge up to three times; (b) suspend your listing until payment is processed; and (c) terminate your subscription if payment remains outstanding after 14 days.

Suspension of your listing under clause 5.5 does not relieve you of any outstanding payment obligations.

We may change the subscription fees applicable to your plan at any time, provided we give you at least 30 days written notice prior to the new pricing taking effect.

Notice of pricing changes will be sent to the email address registered on your account and posted on our website.

If you do not wish to continue your subscription at the new price, you may cancel prior to the end of the 30-day notice period in accordance with clause 7.

If you continue to use your subscription after the notice period expires, you will be deemed to have accepted the new pricing.

You may cancel your subscription at any time by: (a) using the cancellation function in your account settings; or (b) contacting us at hello@comparemybuild.com.au.

Cancellation takes effect at the end of your current monthly billing period. Once cancelled, your subscription will not renew.

Your listing will remain active and visible on the platform until the end of the paid billing period for which payment has been received.

No pro-rata refunds will be issued for unused days in a billing period following cancellation, except where a refund is required under the Australian Consumer Law or other applicable legislation that cannot be excluded.

Where a cancellation is processed mid-billing cycle, you retain access to your listing for the remainder of that billing period.

You warrant and represent that:

• (a) all information provided in your profile and listing is accurate, complete, current and not misleading;
• (b) you will promptly update your listing and contact details if any information changes;
• (c) you hold all licences, registrations, permits and accreditations required by applicable law;
• (d) you maintain appropriate public liability insurance for your business activities;
• (e) where applicable, you maintain professional indemnity insurance at a level consistent with industry standards;
• (f) all advertising content, images, descriptions and materials are truthful, accurate and not misleading or deceptive;
• (g) your advertising content does not infringe the intellectual property rights of any third party; and
• (h) you will comply with all applicable Australian laws and regulations.

You acknowledge that we are not responsible for verifying the accuracy of your listing content prior to publication, and that publication of your listing does not constitute our endorsement of your business, services or representations.

We reserve the right, at any time, to:

• (a) verify your ABN, ACN, business name or entity details through publicly available government registries;
• (b) verify your trade licence, registration or accreditation details;
• (c) request that you provide supporting documentation; and
• (d) suspend or remove your listing if we are unable to verify your business within a reasonable timeframe.

We will endeavour to notify you before suspending your listing under clause 9.1(d), except where immediate suspension is necessary to protect users or the integrity of the platform.

We are under no obligation to conduct verification checks and the exercise or non-exercise of our verification rights does not create any liability on our part.

By submitting your profile and listing, you grant Compare My Build a non-exclusive, royalty-free, worldwide licence to use your business name, logo, images, profile information and service descriptions for the purposes of operating and promoting the Trade Connect platform, including social media, email marketing, digital advertising and general promotion.

The licence granted under clause 10.1 continues for the duration of your subscription and for a reasonable period following cancellation to the extent necessary to wind down existing promotional materials.

You warrant that you hold all rights necessary to grant the licence in clause 10.1 and that the use of your content by us will not infringe the rights of any third party.

To the fullest extent permitted by law, Compare My Build expressly excludes any guarantee, warranty or representation that your subscription will generate leads, enquiries, sales, website traffic, search engine rankings, profile views, click-through rates, conversion of enquiries, or any return on your advertising investment.

Advertising performance on the Trade Connect platform will vary depending on factors including the nature of your business, your service type and trade category, the regions in which you operate, your subscription plan, the content of your profile, and overall demand from platform users.

Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law.

Directory ranking, placement and ordering within Trade Connect categories may change at any time at our sole discretion.

We do not guarantee any specific ranking position, placement order or category placement for your listing.

A Premium Listing subscription includes priority placement within directory categories. However, priority placement improves your general visibility relative to non-premium listings and does not guarantee first position within any category at all times.

We reserve the right to modify our ranking and placement methodology without notice.

We may suspend or remove your listing, and/or terminate this Agreement, with immediate effect if:

• (a) you fail to pay any subscription fees when due;
• (b) you have engaged in, or we reasonably suspect you have engaged in, fraudulent or dishonest activity;
• (c) you have provided false, misleading or inaccurate information;
• (d) your trade licence, registration or accreditation is expired, invalid, suspended or revoked;
• (e) your listing contains misleading or deceptive content;
• (f) you have materially breached any term of this Agreement; or
• (g) your continued listing on the platform poses a risk to users or the integrity of Trade Connect.

Where practicable, we will give you notice of a suspected breach and an opportunity to remedy the issue before suspending or terminating your listing.

Termination of this Agreement does not affect any accrued rights or obligations of either party.

Upon termination, your listing will be removed from the platform. No refund will be issued for any prepaid subscription fees except where required by law.

Your Content: You retain ownership of all content, images, logos, descriptions and materials that you submit to the platform. You grant us the licence described in clause 10 to use Your Content for the purposes set out in that clause.

Our Platform: Compare My Build retains full ownership of all intellectual property rights in the Trade Connect platform, including the Trade Connect and Compare My Build names, logos and branding, the platform's software, code, databases and architecture, and all platform content created by or on behalf of Compare My Build.

Nothing in this Agreement transfers any ownership of our intellectual property to you. You must not use our name, logo or branding without our prior written consent.

If you believe that any content on the platform infringes your intellectual property rights, please contact us at hello@comparemybuild.com.au.

To the maximum extent permitted by law, Compare My Build's total liability to you for all claims arising out of or in connection with this Agreement is limited to the total subscription fees paid by you to Compare My Build in the 12 months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by law, Compare My Build is not liable for: (a) any loss of revenue, profit, business opportunity, contracts or anticipated savings; (b) any loss resulting from the performance or non-performance of advertising, including any failure to generate leads, enquiries or sales; (c) any indirect, consequential, special or punitive loss or damage; or (d) any loss arising from the acts, omissions or conduct of third parties.

Nothing in this clause 15 limits or excludes any liability that cannot be excluded under applicable law, including liability under the consumer guarantees in the Australian Consumer Law.

You indemnify Compare My Build, its directors, officers, employees, contractors and agents against all losses, claims, damages, costs, expenses (including legal costs on a full indemnity basis) and liabilities arising out of or in connection with:

• (a) the services you advertise, provide or perform to any person;
• (b) your conduct or the conduct of your employees, contractors or agents;
• (c) the content of your listing, including any misleading, deceptive or inaccurate information;
• (d) your breach of any applicable law, regulation, licence requirement or industry standard;
• (e) your breach of any term of this Agreement; or
• (f) any third-party claim relating to your business, services or advertising content.

This indemnity survives the termination or expiry of this Agreement.

We will endeavour to maintain reasonable availability of the Trade Connect platform. However, we do not guarantee uninterrupted, continuous or error-free access to the platform.

The platform may be unavailable due to scheduled maintenance, emergency maintenance, events outside our reasonable control, or third-party service disruptions.

To the maximum extent permitted by law, we are not liable for any loss or damage you suffer as a result of platform downtime, interruptions or unavailability.

Planned maintenance periods will not constitute a breach of this Agreement or entitle you to a refund of subscription fees.

Compare My Build collects, uses and discloses personal information in accordance with the Compare My Build Privacy Policy, available at https://comparemybuild.com.au/privacy-policy, and in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By entering into this Agreement, you consent to the collection and use of your personal information and business information as described in the Privacy Policy.

You must comply with all applicable privacy laws in the conduct of your business, including in your interactions with users, homeowners and third parties who contact you through the platform.

You must not use any personal information obtained through the platform for any purpose other than responding to enquiries and providing your services. You must not on-sell, share or use such information for unsolicited marketing without appropriate consent.

Good Faith Negotiation: If a dispute arises, the party raising the dispute must first provide written notice to the other party specifying the nature of the dispute and the outcome sought. The parties agree to attempt to resolve the dispute by good faith negotiation within 14 days of receiving that notice.

Mediation: If the dispute is not resolved by negotiation, either party may refer the dispute to mediation administered by a mutually agreed accredited mediator, or a mediator appointed by the Resolution Institute.

Costs: Each party is responsible for its own costs in any dispute resolution process, unless otherwise agreed or ordered.

Litigation: Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights.

This Agreement is governed by the laws of Queensland, Australia.

Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia for the resolution of any dispute that cannot be resolved under clause 19.

Entire Agreement: This Agreement, together with the Trade Connect Terms and Conditions and the Compare My Build Privacy Policy, constitutes the entire agreement between the parties with respect to its subject matter.

Severability: If any provision of this Agreement is held to be invalid, unenforceable or illegal, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.

Waiver: A party's failure or delay in exercising any right, power or remedy under this Agreement does not operate as a waiver of that right, power or remedy.

Assignment: You must not assign, transfer, subcontract or otherwise deal with your rights or obligations under this Agreement without our prior written consent.

Force Majeure: Neither party will be liable for any failure or delay in performing its obligations under this Agreement to the extent caused by events beyond that party's reasonable control. If a force majeure event continues for more than 30 days, either party may terminate this Agreement by written notice.

Survival: The following clauses survive termination or expiry of this Agreement: clause 10 (Marketing Rights, to the extent of wind-down use), clause 14 (Intellectual Property), clause 15 (Limitation of Liability), clause 16 (Indemnity), clause 18 (Privacy), clause 19 (Dispute Resolution), clause 20 (Governing Law) and clause 21 (General Provisions).

Relationship of Parties: Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between the parties.

Notices: Any notice required or permitted under this Agreement must be in writing and delivered by email. Notices to Compare My Build must be sent to hello@comparemybuild.com.au. A notice is deemed received when it enters the recipient's email inbox.

Amendments: We may amend this Agreement by giving you at least 14 days written notice of the changes. Continued use of your subscription after the notice period constitutes acceptance of the amended terms.

Nothing in this Agreement is intended to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any applicable law (including the Australian Consumer Law) that cannot lawfully be excluded or limited. If any such law applies, our liability under it is limited, to the extent permitted, to re-supplying the relevant services or paying the cost of having them re-supplied.