Terms of Service

Last updated: March 2025

1. Acceptance of Terms

By accessing or using BuildMatch ("Platform"), users agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Platform.

2. Eligibility

Users must be at least 18 years old to create an account or use BuildMatch. By using the Platform, you confirm that you meet this requirement.

3. Platform Description & Role

BuildMatch is an online marketplace platform that facilitates introductions between independent builders and subcontractors.

BuildMatch:

  • Acts solely as a technology platform, providing digital tools for job listings, quoting, documentation and payment facilitation
  • Does not enter into construction contracts
  • Is not a contracting party to any agreement between users

BuildMatch does not:

  • Perform or supervise construction work
  • Provide building, engineering, legal, financial, or safety advice
  • Inspect works, verify compliance, or ensure quality
  • Guarantee outcomes, timelines, or performance
  • Act as principal contractor, head contractor, subcontractor, superintendent, project manager or certifier

Users acknowledge that:

  • All contracts are formed directly between the builder and subcontractor
  • BuildMatch does not create, vary, supervise, administer or enforce construction contracts
  • BuildMatch is not responsible for contract performance, scope interpretation or statutory compliance

4. Responsibility for Work Delivery & Quality

Subcontractors are solely responsible for scoping, quoting, and delivering work for builders, including agreeing on all terms, specifications, timelines, and deliverables.

Users acknowledge and agree that:

  • Subcontractors are responsible for the quality, completeness, and compliance of all work performed
  • Builders are responsible for clearly communicating requirements and inspecting completed work
  • BuildMatch does not supervise, inspect, verify, or guarantee any work performed
  • BuildMatch is not liable for defects, delays, disputes, or any issues arising from the work

All responsibility for work delivery rests with the subcontractor and builder as independent contractors.

5. NSW Contract Liability Allocation

In addition to the above, users acknowledge that BuildMatch:

  • does not provide building services within the meaning of the Home Building Act 1989 (NSW)
  • is not a holder of a contractor licence under the relevant legislation
  • does not provide statutory warranties under Part 2C of the Home Building Act 1989 (NSW)
  • is not liable for defective works, incomplete works, delays, negligence or breach of statutory warranties, where any liability of that nature lies with the builder

To the maximum extent permitted by law, users release BuildMatch from any and all claims arising from:

  • defective building work
  • breach of statutory warranties
  • breach of contract between users
  • personal injury or property damage arising from works
  • certification or compliance failures
  • any other disputes between the builder and subcontractor under any agreement

This clause survives the termination of the user's subscription to BuildMatch.

6. No Employment, Agency, or Partnership

Nothing in these Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship between BuildMatch and any user. In that regard:

  • Subcontractors are independent contractors
  • Builders engage subcontractors directly
  • Users are not agents or representatives of BuildMatch.

7. User Accounts

To access certain features, users must create an account. Users agree to:

  • Provide accurate and current information
  • Keep login credentials secure
  • Be responsible for all activity under your account
  • Notify BuildMatch immediately of unauthorised use

Users warrant that all information provided is accurate and compliant with applicable law and are responsible for ensuring licences, insurance, and compliance obligations are met.

BuildMatch may, but is not obligated to, request evidence of licences, insurance, or qualifications at any time. Failure to provide requested documentation may result in suspension or termination of the user's account. BuildMatch does not independently verify user credentials and makes no representation as to their validity.

8. Company Account Responsibility

Where an account is registered in the name of a company or business entity, that entity is solely responsible for:

  • Assigning and managing user roles and permissions within the account
  • All actions taken through the account by its directors, employees, contractors, or authorised representatives
  • Ensuring that only properly authorised persons approve milestones or payments

Any action taken through a company account by a person granted access to that account will be deemed authorised by the company and the company may be vicariously liable for any such actions.

The company acknowledges that approvals made by users with payment authorisation permissions are binding and constitute valid authorisation to debit the nominated payment method.

9. User Conduct

Users must not:

  • Provide false or misleading information
  • Violate applicable laws or regulations
  • Infringe third-party rights
  • Engage in fraudulent, deceptive, or abusive behaviour
  • Attempt to bypass platform fees or systems
  • Interfere with platform functionality

BuildMatch may suspend or remove accounts for breaches of this clause 9.

10. Commission Protection & Off-Platform Engagement

Users agree that any job, engagement, or opportunity originated, introduced, or facilitated through BuildMatch must be contracted and paid through the platform for the purpose of calculating commission.

Users must not, directly or indirectly:

  • Avoid paying the applicable commission for jobs or opportunities that were sourced through BuildMatch
  • Redirect payments for jobs or opportunities that originated via the platform

The above obligation applies for 12 months from the date the opportunity was introduced via BuildMatch.

If BuildMatch reasonably suspects circumvention of any funds that would have been payable to BuildMatch by reason of use of the platform or facilitation of the relationship between builder and subcontractor and / or determines that a user has avoided paying commission due under any relevant contract, whether created through the platform or otherwise following use of the platform and facilitation of the relationship between builder and subcontractor, users agree to:

  • Provide contracts, communications and payment evidence on demand
  • Permit reasonable audit of relevant records
  • Pay estimated commission if sufficient evidence is not provided, which may be calculated based on contract value, market rates and comparable job values

In addition to the above, BuildMatch may:

  • Recover any unpaid commission fees, calculated according to the commission rate that would have applied
  • Suspend or terminate the user's account
  • Charge the commission fees that would have been payable for the transaction on review of relevant documentation

Users agree that unpaid commission constitutes a debt immediately payable and the user indemnifies BuildMatch from any legal costs incurred in recovering commission.

11. Payments, Fees & Stripe

BuildMatch may charge platform fees, commissions, or subscriptions. Fees will be disclosed prior to charging and are in Australian dollars unless stated otherwise.

To the extent BuildMatch is deemed to act as a limited payment collection agent, such role is purely technical and does not create any fiduciary, agency or other duties.

Users acknowledge that no funds are held by BuildMatch as stakeholder.

11.1 Payment Authorization

By clicking 'Approve' on a milestone or payment request, the Builder provides irrevocable authorisation for BuildMatch (via Stripe) to debit the saved payment method and the approved amount becomes a debt immediately due. Once processed, payments are non-refundable through the platform. Any requests for refunds must be handled directly between the Builder and Subcontractor.

You acknowledge and agree that:

  • BuildMatch does not hold funds on trust or operate a trust account
  • BuildMatch does not guarantee payments
  • All funds are processed directly between users via Stripe, where payment processing is subject to Stripe's terms, rules, and reviews
  • Payments may be delayed, reversed, declined, or refunded due to Stripe, card issuers, banks, fraud checks, chargebacks, or legal requirements

BuildMatch is not liable for payment failures, holds, reversals, or disputes related to payment processing.

11.2 Platform Commission

BuildMatch charges a commission for its services (the "Commission").

  • Rate: The applicable Commission rate is disclosed to the Subcontractor at the time of bidding and is calculated as a percentage of the Net Contract Value (excluding GST).
  • Fee Schedule: BuildMatch reserves the right to apply different Commission rates based on job value, user subscription tier, or specific promotional offers, as set out in our Fee Schedule or as displayed within the Platform.
  • BuildMatch GST: Where BuildMatch is required to charge GST on its service, the Commission fee itself will attract GST.
  • Automatic Deduction: The Commission (plus any applicable GST on the fee) is automatically deducted from the Gross Payment via Stripe at the time of milestone processing.

All commissions are non-refundable except where required by law. BuildMatch may modify commission rates upon reasonable notice to users.

11.3 Chargebacks & Payment Reversals

Users acknowledge that payments processed through Stripe may be subject to:

  • Chargebacks
  • Payment reversals
  • Fraud investigations
  • Bank or card issuer disputes

If a chargeback or payment reversal occurs:

  • The Builder remains liable for the full contract amount
  • The Subcontractor remains responsible for performance of the works unless otherwise agreed
  • BuildMatch may recover any platform fees, chargeback fees, penalties, or administrative costs incurred as a result and the Builder and Subcontractor indemnify BuildMatch for any such costs

Users agree that BuildMatch may deduct such amounts from future payouts, saved payment methods, or invoice users directly for recovery. This may involve BuildMatch deducting the funds from the user's account balance or invoicing the user.

BuildMatch is not liable for losses arising from payment disputes initiated by users or financial institutions, including but not limited to fraud investigations, bank reversals, card disputes or regulatory intervention.

12. Disputes Between Users

Users must resolve any disputes directly between themselves without the involvement of BuildMatch.

BuildMatch:

  • Is not responsible for resolving disputes
  • May, but is not obligated to, assist with dispute handling
  • Does not guarantee enforcement of agreements
  • Does not determine factual disputes
  • Does not assess defective works

Platform milestone approval does not constitute certification of satisfactory performance.

Users agree to attempt to resolve disputes directly.

13. Security of Payment

Users acknowledge that statutory payment rights arise independently under the Building and Construction Industry Security of Payment Act 1999 (NSW).

The Platform:

  • Does not issue payment claims
  • Does not issue payment schedules
  • Does not calculate statutory timeframes
  • Does not enforce adjudication rights

Failure to comply with statutory timeframes is solely the responsibility of the users. BuildMatch is not liable for any missed statutory deadlines.

14. Compliance With Law

Insurance and licensing remain the sole responsibility of the user.

Users must comply with all applicable Australian laws and regulations, including but not limited to:

  • Workplace health and safety
  • Licensing and insurance requirements
  • Consumer law (where applicable)
  • Privacy and data obligations

BuildMatch does not verify:

  • Licence validity
  • Home building compensation fund insurance
  • Professional indemnity insurance compliance
  • Payroll tax compliance

Users must independently verify compliance prior to engagement. BuildMatch is otherwise not liable for uninsured losses or regulatory breaches.

GST & Tax Responsibility

Subcontractors are solely responsible for determining their GST status and ensuring quotes and invoices are compliant. BuildMatch does not verify the GST registration of users and is not liable for any tax-related errors, omissions, or disputes between users.

Deemed Employment, Payroll Tax & Superannuation

Builders are solely responsible for determining if a Subcontractor is a "Deemed Employee" for Payroll Tax or Superannuation purposes under relevant State or Federal laws, including but not limited to the Superannuation Guarantee (Administration) Act 1992 (Cth) and applicable State payroll tax legislation.

From 1 July 2026, under the Payday Super reforms, superannuation must be paid on or before payday (rather than quarterly). If a Subcontractor is deemed an employee for superannuation purposes, the engaging Builder is solely responsible for compliance with these obligations, including any superannuation guarantee charge or penalties.

BuildMatch does not assess, determine, or advise on the employment status of any user and is not liable for any payroll tax, superannuation, workers compensation premiums, sham contracting claims or related obligations arising between Builders and Subcontractors. Users indemnify BuildMatch against such claims.

15. Subscriptions & Access to Features

Certain features of the Platform may require a paid subscription.

Subscription terms, including pricing and included features, will be disclosed at the time of purchase.

Subscriptions:

  • Automatically renew unless cancelled
  • Are billed in advance
  • Are non-refundable for partial billing periods

BuildMatch will notify users at least 7 days before each renewal. Users may cancel your subscription at any time via your account settings.

If a subscription lapses, access to premium features may be suspended. Core historical job records will remain accessible for compliance and record-keeping purposes.

Refunds remain at the sole discretion of BuildMatch and are assessed on a case to case basis. Partial refunds may be issued where required by law.

BuildMatch may modify subscription pricing upon providing reasonable notice to users in relation to any modification.

16. Disclaimer of Warranties

The Platform is provided "as is" and "as available".

To the maximum extent permitted by law, BuildMatch makes no warranties regarding:

  • Quality, suitability, or legality of work
  • Accuracy of listings or user information
  • Availability or reliability of the Platform

Use of the Platform is at the user's own risk.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded. Where liability cannot be excluded, BuildMatch's liability is limited to the maximum extent permitted by law.

17. Limitation of Liability

To the maximum extent permitted by law, BuildMatch will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profit, consequential loss, business interruption, reputational damage, loss of opportunity, regulatory fines, or home building rectification costs, arising from use of the Platform.

Where liability cannot be excluded, to the maximum extent permitted by law BuildMatch's aggregate liability is limited to the lesser of:

  1. Commission fees paid by the user in the preceding 12 months; or
  2. AUD $5,000.

18. Class Action Waiver

Users agree that any claim against BuildMatch must be brought individually and not as part of class actions, representative proceedings or group litigation.

19. Intellectual Property

All intellectual property rights in the Platform, including software, design, branding, logos, workflows, and content (excluding user content), are owned by BuildMatch.

Users must not:

  • Copy, reproduce, modify, or distribute Platform materials
  • Reverse engineer or attempt to extract source code
  • Scrape or harvest data
  • Use Platform content for competitive purposes

Users retain ownership of content they upload but grant BuildMatch a non-exclusive, worldwide, royalty-free licence to use, display, and store such content for the purpose of operating the Platform.

Use of Business Identity

Users grant BuildMatch a non-exclusive, worldwide, royalty-free licence to use the user's business name, logo, and trade marks for the purpose of identifying a party as a user of the Platform and for marketing or promotional purposes. Users may request removal of your logo at any time by written notice.

20. Indemnity

Users agree to indemnify and hold harmless BuildMatch, its directors, officers, employees, and contractors from any claims, losses, damages, liabilities, expenses or the like arising from or in connection with:

  • Use of the Platform
  • A user's breach of these Terms
  • Interactions with other users
  • Failure to comply with laws or obligations
  • Defective building work
  • Breach of statutory warranties
  • Personal injury
  • Property damage
  • Payment disputes
  • Chargebacks
  • Regulatory investigations
  • Payroll tax or superannuation claims
  • Claims under the Home Building Act

The indemnity provided by this clause 20 survives termination.

21. Document Storage & Records

BuildMatch may store job-related documents, invoices, and communications. However:

  • Users are solely responsible for maintaining their own business records
  • BuildMatch does not guarantee permanent storage
  • Users should independently retain copies of all important documentation

BuildMatch is not liable for data loss except where required by law.

22. Risk Monitoring & Account Restrictions

BuildMatch may suspend, restrict, or delay transactions where reasonably necessary to:

  • Prevent fraud
  • Comply with legal obligations
  • Respond to Stripe or banking partner requirements
  • Protect users or the integrity of the Platform

Users agree to provide information reasonably requested for verification or compliance purposes.

23. Termination

BuildMatch may suspend or terminate access at any time for breach of these Terms or to protect the Platform and its users.

Users may stop using the Platform at any time.

24. Dispute Resolution

In the event of any dispute in relation to the use of the Platform or these Terms, before commencing proceedings, users must:

  • Provide written notice of the dispute to BuildMatch
  • The parties must participate in mediation in any attempt to resolve the dispute within 30 days of BuildMatch receiving notice of the dispute.

25. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts of New South Wales and the NSW Civil and Administrative Tribunal (NCAT).

26. Assignment

BuildMatch may assign, novate, or transfer its rights and obligations under these Terms without user consent.

27. Severability

If any provision of these Terms is held to be invalid, illegal, void, voidable, or unenforceable in any jurisdiction:

  • that provision will be read down to the minimum extent necessary to ensure it is valid and enforceable, consistent with the original commercial intention of the parties
  • if the provision cannot be read down, it will be severed from these Terms without affecting the validity, legality, or enforceability of the remaining provisions
  • the remaining provisions will continue in full force and effect as if the invalid or unenforceable provision had not been included
  • the parties agree that any court or tribunal may modify the provision to the extent necessary to give effect to its commercial purpose

The invalidity or unenforceability of a provision in one jurisdiction does not affect its validity or enforceability in any other jurisdiction.

This clause 27 survives termination of these Terms.

28. Amendments

BuildMatch may amend these Terms from time to time. Updated Terms will be effective upon publication on the Platform. Continued use of the Platform constitutes acceptance of the updated Terms.

Where changes are material, BuildMatch will provide reasonable notice to users.

29. Force Majeure & Downtime

BuildMatch is not liable for any delay, interruption, or failure in service caused by events beyond our reasonable control, including but not limited to:

  • Third-party service outages (hosting, payment processors, etc.)
  • Scheduled or emergency maintenance
  • Natural disasters, pandemics, or acts of God
  • Cyber attacks, system failures, or internet disruptions
  • Government actions or legal restrictions
  • Regulatory action
  • Bank freezing accounts
  • Construction industry shutdowns

BuildMatch will make reasonable efforts to restore service promptly but do not guarantee uninterrupted access to the Platform during any events listed above.

30. Joinder Protection

If BuildMatch is joined to any proceedings arising from a dispute between users, users:

  • Users must indemnify BuildMatch
  • Users must seek to have BuildMatch removed
  • Users are jointly and severally liable for any legal costs incurred by BuildMatch by reason of the joinder

This clause 30 survives termination.

31. Privacy

Users' use of the Platform is subject to BuildMatch's Privacy Policy, which explains how BuildMatch collects, uses, shares, and safeguards any user's personal information.

32. Contact

For questions regarding these Terms, contact us at: contact@buildmatch.au