Terms of Service

Last updated: May 2026

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

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. Labour Hire Services

32.1 Overview

BuildMatch operates a labour hire marketplace that facilitates engagements between registered labourers ("Labourers") and builders ("Builders") for day-rate construction labour. This section governs the use of labour hire services on the Platform and applies in addition to all other provisions of these Terms.

Each Labourer registered on the Platform is subject to a separate Independent Contractor Agreement ("ICA"), available at buildmatch.au/legal/independent-contractor-agreement, which the Labourer signs at registration. The ICA governs the relationship between BuildMatch and each Labourer. This section governs the relationship between BuildMatch and Builders who use labour hire services.

32.2 BuildMatch's Role in Labour Hire

BuildMatch operates as a technology marketplace only. In the context of labour hire:

  • BuildMatch does not supply labour within the meaning of the Labour Hire Licensing Act 2018 (Qld) or any equivalent state legislation, and does not hold a labour hire licence
  • BuildMatch is not the employer of any Labourer and does not engage Labourers to perform work on behalf of Builders
  • BuildMatch does not direct, supervise, or control the work performed by any Labourer
  • All work arrangements are formed directly between the Builder and the Labourer — BuildMatch facilitates the introduction and processes payment only
  • BuildMatch does not guarantee the availability, suitability, skill level, or performance of any Labourer

32.3 Builder Obligations

Builders who engage Labourers through the Platform acknowledge and agree that they are solely responsible for:

  • WHS/OHS compliance: The Builder is the person conducting a business or undertaking ("PCBU") at the worksite and owes the primary duty of care under the Work Health and Safety Act 2011 (Cth) and applicable state equivalents to all workers on site, including Labourers engaged through the Platform
  • Site induction: Conducting a site-specific induction for each Labourer before they commence work, including identifying site hazards, emergency procedures, and any site-specific safety requirements
  • Direction and supervision: Providing all day-to-day direction and supervision of work performed by Labourers. The Builder accepts that by directing the Labourer's work, the Builder assumes the associated WHS obligations
  • Superannuation: Determining whether they have superannuation guarantee obligations in respect of any Labourer under Section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth), where a contract is wholly or principally for the labour of the Labourer. BuildMatch does not withhold or remit superannuation on behalf of Builders
  • Payroll tax: Determining their own payroll tax obligations in respect of labour hire arrangements under applicable state payroll tax legislation, including whether payments to Labourers through the Platform constitute "relevant contracts" for payroll tax purposes
  • Document verification: Independently verifying that any Labourer they engage holds current and valid compliance documents (White Card, public liability insurance, personal accident insurance) before work commences. BuildMatch stores documents uploaded by Labourers for convenience only and does not verify their authenticity, currency, or adequacy
  • Deemed employee risk: Assessing whether the practical reality of any engagement may give rise to an employment relationship under the Fair Work Act 2009 (Cth) as amended, or under applicable state or territory legislation. BuildMatch provides no assurance that any engagement through the Platform will be characterised as an independent contractor arrangement

32.4 Labour Hire Fees and Payment

Labour hire engagements are priced at a day rate displayed at the time of booking. Payment is processed through the Platform via Stripe Connect on submission of an approved timesheet.

  • Payer: the payment owing for work performed is a debt owed by the engaging Builder to the Labourer. BuildMatch is not the payer and is not the source of the Labourer's remuneration — it collects payment from the Builder as agent for and on behalf of the Labourer, remits it to the Labourer less the disclosed platform fee, acts solely as a limited payment collection and processing agent, and holds no funds as stakeholder
  • Platform fee: BuildMatch deducts a platform service fee from the gross amount paid by the Builder at the time of payment. The applicable fee is disclosed at the time of booking and is non-refundable except where required by law
  • GST: Labourers are responsible for their own GST obligations. Where a Labourer is GST-registered, the Builder may receive a tax invoice from the Labourer. BuildMatch is not responsible for GST compliance between Builders and Labourers
  • Timesheet approval: By approving a timesheet, the Builder authorises BuildMatch to process payment to the Labourer in accordance with the approved hours and the agreed day rate. Approved timesheets are binding and cannot be reversed except where the Platform disputes process applies
  • Disputes: Any dispute regarding hours worked must be raised through the Platform within 48 hours of timesheet submission. BuildMatch's determination of any timesheet dispute is final

32.5 Ending a Booking, No-Show, and Cancellation

The date range shown on a booking (start date to end date) reflects the parties' intent at the time of booking and is not a binding commitment by either party to engage for the entire period. Each weekly timesheet is an independent unit of paid work, and no payment is owed for any week that is not actually worked.

Either the Builder or the Labourer may end a booking early at any time, without notice and without cause. Ending a booking early does not extinguish any payment owing for work already performed, and any submitted or approved timesheet must be paid or formally disputed through the Platform before a booking can be ended. BuildMatch does not adjudicate the reasons for ending a booking; any reason recorded at the time of ending is for the parties' records and feedback only and is not a determination by BuildMatch.

Where a Labourer fails to attend a confirmed booking without reasonable notice, the Builder may record a no-show through the Platform. Repeated no-shows may result in suspension or removal of the Labourer from the Platform. BuildMatch is not liable for any loss suffered by a Builder as a result of a Labourer's failure to attend.

32.6 Insurance

Each Labourer is required to hold their own public liability and personal accident insurance as a condition of registration. However:

  • BuildMatch does not verify that insurance policies are current, adequate, or will respond to any particular claim
  • Builders should not rely on a Labourer's personal insurance as a substitute for the Builder's own site insurance, public liability cover, or workers compensation obligations
  • Builders must determine independently whether their existing insurance policies cover labour hire workers on their sites

32.7 Limitation of Liability — Labour Hire

To the maximum extent permitted by law, BuildMatch is not liable for any loss, injury, damage, or claim arising from or in connection with:

  • Any act or omission of a Labourer while on a Builder's site or otherwise performing work
  • Any injury to a Labourer or third party arising from work performed through the Platform
  • Any finding that a Labourer is a deemed employee of the Builder or of BuildMatch
  • Any superannuation, payroll tax, income tax, or workers compensation liability arising from a labour hire engagement
  • Any failure by a Labourer to hold current or adequate insurance, licences, or registrations
  • Any loss arising from a Labourer's failure to attend a booking or to perform work to a satisfactory standard

This clause 32.7 survives termination of a user's account.

33. Contact

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