Trade Connect — Terms & Conditions of Use

1.1 These Terms and Conditions of Use (Terms) govern your access to and use of the Trade Connect directory and advertising service (Trade Connect), which is operated by Compare My Build (ABN 29 071 511 793) (we, us, our, Compare My Build) through the Compare My Build website at https://comparemybuild.com.au (Platform).

1.2 By accessing the Platform, creating an account, submitting a listing or purchasing a subscription, you agree to be bound by these Terms. If you do not agree, you must not access or use Trade Connect.

1.3 These Terms form a legally binding agreement between you and Compare My Build and apply to all visitors, registered users and businesses that list or advertise through Trade Connect (Advertisers).

1.4 Click-Wrap Acceptance. By clicking "I Agree", "Accept", "Register", "Submit Listing", "Subscribe" or any similar button or checkbox presented during: (a) account registration; (b) listing submission; or (c) subscription purchase, you confirm that you have read, understood and agreed to be bound by these Terms, our Privacy Policy and any other policies incorporated by reference. This electronic acceptance constitutes a valid and enforceable agreement between you and Compare My Build.

1.5 These Terms were last updated on the date shown above. We recommend you save or print a copy for your records.

2.1 Trade Connect is an online subscription-based business directory and advertising service operated by Compare My Build through https://comparemybuild.com.au. Trade Connect connects consumers, homeowners, builders and developers with trade service providers, suppliers, consultants and service providers involved in residential construction, renovations and home improvement throughout Australia (Directory Services).

2.2 Trade Connect is an advertising and business discovery platform only. Compare My Build does not: (a) provide trade, building, construction or professional services of any kind; (b) recommend, endorse or vouch for any listed business, its personnel or its services; (c) guarantee the quality, safety, suitability, workmanship or reliability of any listed business; (d) act as an agent, broker, intermediary or representative for any listed business or user; (e) verify or certify the quality of work performed by any listed business; (f) guarantee leads, enquiries, calls, sales or revenue to any listed business; (g) become a party to any contract, arrangement or transaction formed between a user and a listed business; or (h) accept responsibility for any dispute, loss or damage arising from a user's engagement with a listed business.

2.3 Any decision by a user to engage a listed business, and any contract formed as a result, is made entirely between that user and the listed business. Compare My Build is not a party to that contract and accepts no liability in connection with it.

2A.1 Trade Connect is not a review or ratings platform. Compare My Build does not independently verify, investigate, moderate or authenticate ratings, testimonials, business claims, qualifications, accreditations, awards or customer feedback submitted by advertisers or third parties and displayed through Trade Connect.

2A.2 Any ratings, testimonials, reviews or endorsements displayed through Trade Connect reflect the views of the submitting party only. Compare My Build makes no representation as to their accuracy, completeness, currency or reliability.

2A.3 Users are strongly encouraged to conduct their own independent due diligence before engaging any listed business, including independently verifying licences, qualifications, insurance, references and any claims made on the Platform.

3.1 You may use Trade Connect if you are: (a) an individual aged 18 years or older with full legal capacity to enter into binding contractual arrangements; or (b) a business, company, partnership, trust or other legal entity, and the person accepting these Terms has authority to legally bind that entity.

3.2 By using Trade Connect, you represent and warrant that you satisfy the eligibility requirements in clause 3.1.

3.3 Businesses submitting a listing must, at the time of submission and throughout the entire period their listing remains active, hold a valid Australian Business Number (ABN), Australian Company Number (ACN) or relevant trade or professional licence number applicable to the services they advertise.

3.4 We reserve the right to refuse access to Trade Connect to any person or business at our sole discretion.

4.1 To access paid listing features, you must register for an account through https://comparemybuild.com.au and provide information that is accurate, complete, current and not misleading.

4.2 You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account, whether authorised by you or not.

4.3 You must notify us immediately at hello@comparemybuild.com.au if you become aware of any unauthorised access to or use of your account, or any security breach affecting your account.

4.4 We reserve the right to suspend or terminate your account at any time if we reasonably believe that: (a) your account information is inaccurate, outdated or misleading; (b) your account is being used fraudulently or unlawfully; or (c) you are in breach of these Terms.

4.5 Electronic Communications Consent. By registering for an account or submitting a listing, you consent to receiving electronic communications from Compare My Build, including: (a) account and subscription notices; (b) billing and payment communications; (c) listing updates, moderation notices and verification requests; (d) platform announcements and policy updates; and (e) marketing and promotional communications, from which you may unsubscribe at any time using the unsubscribe mechanism in any marketing email.

4.6 Electronic notices sent to your registered email address are deemed received on the date of transmission. It is your responsibility to ensure your registered email address remains current and monitored.

5.1 Compare My Build offers the following paid subscription plans for Advertisers (Subscription Plans):

(a) Featured Listing — $29.00 per month Includes: business logo display, business profile page, website link, business description, phone number, one nominated service region and business category listing. Cancel at any time.

(b) Premium Listing — $49.00 per month Includes: all Featured Listing inclusions plus multiple service regions, photo gallery, priority placement within Trade Connect directory category results, enhanced profile features and additional exposure opportunities. Cancel at any time.

5.2 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 Free listings may be made available at our discretion from time to time. Free listings do not include the features of paid Subscription Plans and may be subject to separate conditions or limitations.

5.4 Price Changes. We reserve the right to change Subscription Plan pricing at any time. We will notify you of any price change in writing (including by email to your registered email address) at least 30 days before the change takes effect. Your continued use of Trade Connect or maintenance of an active subscription after the effective date of a price change constitutes acceptance of the revised pricing. If you do not accept a price change, you may cancel your subscription before it takes effect in accordance with clause 7.

6.1 Subscription fees are billed on a monthly recurring basis via our third-party payment processor, Stripe (https://stripe.com).

6.2 By subscribing to a paid plan, you authorise Compare My Build (through Stripe) to charge your nominated payment method automatically on a recurring monthly basis until you cancel your subscription in accordance with clause 7. This authorisation continues until cancelled by you.

6.3 Billing occurs on or around the same calendar date each month from the date of your initial subscription.

6.4 You are responsible at all times for ensuring your nominated payment method is valid, current and has sufficient funds or available credit. If a payment fails: (a) we will notify you by email to your registered address; (b) we may attempt to process the payment again within 5 business days of the failed attempt; and (c) if full payment is not received within 10 business days of the original due date, your listing may be suspended or removed immediately without further notice.

6.5 Tax invoices will be issued electronically to your registered email address following each successful payment.

6.6 Non-Refundable Billing Periods. Subscription fees for a current billing period are non-refundable once that billing period has commenced, except where a refund is required under the Australian Consumer Law (ACL) or any other applicable law that cannot lawfully be excluded.

7.1 You may cancel your Subscription Plan at any time through your account dashboard at https://comparemybuild.com.au or by contacting us in writing at hello@comparemybuild.com.au.

7.2 Cancellation takes effect at the end of your current paid billing period. Your listing will remain active and visible through Trade Connect until the end of that period.

7.3 Once cancellation takes effect, no further automatic charges will be processed to your nominated payment method.

7.4 No pro-rata refund will be issued for any unused portion of a paid billing period following cancellation, except where required under the ACL or any other applicable law that cannot lawfully be excluded.

7.5 We may suspend or cancel your subscription at any time in accordance with clause 11 of these Terms.

8.1 All businesses submitting a paid listing must provide the following information at the time of submission, and must keep it accurate and current at all times while the listing is active: (a) business name; (b) business logo; (c) business description; (d) phone number; (e) website address; (f) valid ABN, ACN or relevant trade or professional licence number; (g) nominated service areas; and (h) primary business contact details including email address.

8.2 We may request additional verification documentation from any Advertiser at any time. Failure to provide requested documentation within 14 days of our request may result in the immediate suspension or removal of your listing without refund.

8.3 Verification Rights. Compare My Build may verify ABN, ACN and licence details provided by Advertisers at any time using publicly available government databases and registers, including the Australian Business Register and relevant state or territory licensing and registration authorities, without prior notice.

8.4 Failure to provide accurate verification information, or the discovery that any verification information provided is false, expired, suspended or invalid, may result in the immediate suspension or removal of your listing without refund.

8.5 Contact Information Currency. Businesses must ensure that all contact information in their listing, including phone numbers, website addresses and email addresses, remains current and operational at all times. Compare My Build may remove or suspend a listing where contact details are no longer functioning, cannot be verified as active, or are not responding to enquiries.

8.6 All listing content must at all times: (a) be accurate, current and not false, misleading or deceptive in breach of the ACL; (b) comply with all applicable Commonwealth, state and territory laws and regulations; (c) not infringe the intellectual property, privacy or other rights of any third party; (d) not contain offensive, threatening, defamatory, discriminatory or otherwise inappropriate material; and (e) accurately reflect only the services your business is currently licensed, qualified and insured to provide.

9.1 By submitting a listing or otherwise using Trade Connect, you represent and warrant that: (a) all information provided is true, accurate, complete, current and not misleading; (b) your listing does not contain false, misleading or deceptive claims in breach of the ACL or any other applicable law; (c) you will promptly update your listing if any information changes or becomes inaccurate; and (d) you comply with all applicable laws, including work health and safety legislation, building codes, fair trading laws and all relevant licensing laws.

9.2 You are solely responsible for the accuracy, currency and completeness of all content you submit to Trade Connect.

9.3 Licence and Insurance Warranty. You warrant that, at all times while your listing is active: (a) you hold all licences, registrations, permits, certifications and authorisations required by law to perform the services advertised; (b) you hold public liability insurance in an amount appropriate to the nature and scale of the services you provide; and (c) where required by law or reasonably expected for your industry, you hold professional indemnity insurance, workers compensation insurance or any other applicable insurance.

9.4 You must notify Compare My Build immediately at hello@comparemybuild.com.au if any licence, registration, permit or insurance required under clause 9.3 expires, is suspended, cancelled, revoked or otherwise ceases to be valid. Failure to provide timely notification may result in the immediate suspension or removal of your listing without refund.

10.1 Trade Connect is an advertising platform only. Compare My Build makes no guarantee, representation or warranty regarding: (a) the number, quality or commercial value of any leads, enquiries, calls or messages generated through Trade Connect; (b) revenue, income or business growth outcomes of any kind; (c) website traffic directed to your business from Trade Connect; (d) your placement, ranking or visibility in Trade Connect directory or search results beyond the specific features described in your Subscription Plan; (e) profile views or impressions; (f) conversion rates or return on advertising spend; or (g) any other measurable business performance outcome.

10.2 Advertising results vary based on industry, location, competition, market conditions, consumer demand, pricing and other factors outside our control. Past performance does not indicate future results.

10.3 Any performance data, examples or case studies referenced on the Platform are illustrative only and do not constitute a representation of the results any particular Advertiser will or may achieve.

10A.1 Placement, visibility and ranking within Trade Connect directory and search results may change at any time at Compare My Build's sole discretion, including as a result of algorithm updates, category restructuring, new subscriber activity, Platform improvements or other operational decisions.

10A.2 No Advertiser is guaranteed a specific ranking position, placement order or level of visibility through Trade Connect unless expressly confirmed in writing by Compare My Build.

10A.3 Priority placement features included in the Premium Listing plan refer to enhanced placement relative to Featured Listing subscribers within the same category and region only. They do not guarantee a specific position or ranking above all other listings.

11.1 Compare My Build reserves the right, at its sole discretion, to: (a) reject, suspend or remove any listing; (b) request verification documents from any Advertiser at any time; (c) edit listing formatting for consistency with Trade Connect's presentation standards; and (d) remove or require amendment of any content that is inaccurate, misleading or in breach of these Terms.

11.2 Listings may be suspended or removed immediately and without refund for any of the following: (a) submission of false, misleading or deceptive information; (b) fraudulent or dishonest conduct; (c) expired, suspended, cancelled or invalid licences, ABN or ACN; (d) offensive, abusive, defamatory or discriminatory content; (e) breach of these Terms or any applicable law; (f) conduct that poses a risk to users of the Platform or to Compare My Build; (g) inactivity or closure of the business; or (h) contact information that is expired, non-functional or unresponsive.

11.3 Where it is reasonably practicable, Compare My Build will provide notice and an opportunity to respond before a final removal decision is made.

11.4 Compare My Build is not liable for any loss, damage or cost arising from the suspension or removal of a listing in accordance with these Terms.

12.1 Your Content. You retain ownership of all content, images, logos and materials you submit to Trade Connect (Your Content).

12.2 By submitting Your Content, you grant Compare My Build a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, display, reproduce, publish, distribute, adapt and promote Your Content for the purposes of: (a) operating and displaying your listing through Trade Connect and on https://comparemybuild.com.au; (b) promoting Trade Connect and the Compare My Build platform through marketing materials, social media, email campaigns, digital advertising and other promotional activities.

12.3 Marketing Rights. Without limiting clause 12.2, Compare My Build may use your business logo, business name and profile information in: (a) social media posts and paid social media advertising campaigns; (b) marketing campaigns and promotional materials relating to Trade Connect; (c) email marketing to consumers and subscribers; (d) directory advertisements and promotional listings; (e) case studies and platform success stories; and (f) any other promotional activity that promotes Trade Connect or Compare My Build.

12.4 You warrant that: (a) you own, or hold sufficient rights in, all content you submit to grant the licences in clauses 12.2 and 12.3; and (b) Compare My Build's exercise of those licences will not infringe the intellectual property, privacy or any other rights of any third party.

12.5 Platform Intellectual Property. All Trade Connect and Compare My Build branding, trade marks, logos, website design, software, technology, databases, data structures and content are owned by or licensed to Compare My Build. You must not copy, reproduce, reverse-engineer, adapt, scrape, distribute or otherwise use any Platform intellectual property without our prior written consent.

13.1 To the maximum extent permitted by law: (a) Compare My Build is not responsible for the quality, safety, suitability, legality or fitness for purpose of the services provided by any listed business; (b) Compare My Build is not a party to any contract, transaction or arrangement between a user and a listed business; (c) Compare My Build is not liable for any loss, damage, defect, delay, personal injury, property damage, financial loss or consequential loss arising from a user's decision to engage a listed business found through Trade Connect; (d) Compare My Build is not responsible for any misrepresentation, false claim or misleading statement made by a listed business; (e) Compare My Build is not liable for any loss or damage arising from Platform unavailability, errors, interruptions, data loss or security incidents; and (f) Compare My Build's total liability to you for any claim 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.

13.2 Compare My Build excludes all conditions, warranties and guarantees implied by custom, law or statute to the maximum extent permitted by law.

13.3 Compare My Build is not liable for any indirect, incidental, special, consequential, punitive or exemplary loss, including loss of profits, loss of revenue, loss of data, loss of goodwill or business interruption.

13.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the ACL or any other law that cannot lawfully be excluded.

14.1 You agree to indemnify, defend and hold harmless Compare My Build and its directors, officers, employees, agents, contractors and successors from and against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising from or in connection with: (a) your listing through Trade Connect; (b) the services you provide or offer to any consumer or user; (c) your conduct on or off the Platform; (d) any representation made by you that is false, misleading or deceptive; (e) your breach of these Terms; (f) your breach of any applicable law, licence requirement or insurance obligation; or (g) any third-party claim arising from your use of Trade Connect.

14.2 Compare My Build reserves the right to assume exclusive control of the defence of any matter subject to indemnification under clause 14.1, at your cost.

15.1 Compare My Build will use reasonable efforts to ensure Trade Connect is available and accessible through https://comparemybuild.com.au. However, we do not guarantee that the Platform will be available at all times, error-free or uninterrupted.

15.2 The Platform may be unavailable or perform with reduced functionality due to: (a) scheduled maintenance or upgrades; (b) emergency maintenance or security responses; (c) third-party service provider outages; or (d) circumstances beyond our reasonable control.

15.3 Compare My Build is not liable for any loss or damage arising from Platform unavailability, interruptions, errors or maintenance.

15.4 We reserve the right to modify, update, suspend or discontinue any feature or functionality of Trade Connect or the Platform at any time without prior notice.

16.1 The Platform may contain links to or integrations with third-party websites, services or platforms. These are provided for convenience only. Compare My Build does not endorse, control or take responsibility for the content, accuracy, privacy practices or terms of any third-party website or service.

16.2 Stripe. Compare My Build uses Stripe for payment processing. By subscribing to a paid plan, you acknowledge that your payment information will be processed by Stripe in accordance with Stripe's own terms of service and privacy policy. Compare My Build is not responsible for any errors, failures, delays, security incidents or data handling issues arising from Stripe's services.

16.3 Your use of any third-party service is at your own risk.

17.1 Compare My Build handles personal information in accordance with the Privacy Policy available at https://comparemybuild.com.au/privacy, which is incorporated into these Terms by reference. By using Trade Connect, you consent to the collection, use and disclosure of your information as described in the Privacy Policy.

17.2 The Privacy Policy describes how Compare My Build collects and handles personal information of Advertisers and users, including in connection with Stripe payment processing, Google Analytics, Meta tracking pixels, marketing communications and third-party service providers.

18.1 Compare My Build may modify these Terms at any time. We will notify you of material changes by email (to your registered email address) or by posting a notice on the Platform at least 14 days before the changes take effect.

18.2 Your continued use of Trade Connect, or maintenance of an active listing or subscription, after the effective date of any changes constitutes acceptance of the updated Terms.

18.3 If you do not accept updated Terms, you must cancel your subscription and cease using Trade Connect before the changes take effect.

19.1 Governing Law. These Terms are governed by and construed in accordance with the laws of Queensland, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

19.2 Dispute Resolution. If a dispute arises between the parties in connection with these Terms or Trade Connect, the parties must: (a) within 14 days of a dispute arising, give written notice to the other party describing the nature of the dispute and the outcome sought (Dispute Notice); (b) negotiate in good faith to resolve the dispute within 30 days of the Dispute Notice being received; and (c) if the dispute remains unresolved, either party may refer it to mediation before a mediator agreed by the parties, or if no agreement is reached within 10 business days, a mediator appointed by the Resolution Institute.

19.3 The costs of mediation are shared equally between the parties unless otherwise agreed or ordered.

19.4 Nothing in clause 19.2 prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction where necessary to protect its rights.

20.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable subscription or advertising agreement, constitute the entire agreement between the parties with respect to Trade Connect and supersede all prior agreements, representations, understandings and negotiations.

20.2 Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

20.3 Waiver. A failure or delay by Compare My Build to exercise any right or remedy under these Terms does not operate as a waiver of that right or remedy.

20.4 Assignment. Compare My Build may assign, transfer, novate or subcontract its rights and obligations under these Terms without your consent. You may not assign, transfer or novate any of your rights or obligations under these Terms without our prior written consent.

20.5 Force Majeure. Compare My Build is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics or industrial disputes.

20.6 Survival. The following clauses survive termination or expiry of these Terms: clause 9 (Advertiser Warranties), clause 12 (Intellectual Property), clause 13 (Limitation of Liability), clause 14 (Indemnification), clause 17 (Privacy) and clause 19 (Governing Law and Dispute Resolution).

20.7 No Agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and Compare My Build.

20.8 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

For questions, notices or correspondence relating to these Terms, please contact:

Compare My Build — Trade Connect ABN: 29 071 511 793 Email: hello@comparemybuild.com.au Website: https://comparemybuild.com.au Address: 88 Peary Street, Northgate QLD 4013, Australia

By using Trade Connect, you confirm that you have read and agree to these Terms and Conditions of Use.