Terms of Use

1. Acceptance of Terms

By accessing or using the BuildFair platform (“Platform”), you agree to be bound by these Terms of Use (“Terms”). If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Eligibility

You must meet the following requirements to use the Platform:

• You must be at least 18 years of age.
• You must be an Australian resident or operate a business registered in Australia.
• You must complete BuildFair’s identity verification process as a condition of using the platform.
• You must provide accurate and complete information during registration.

3. Account Registration

When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials, including any multi-factor authentication (MFA) secrets. You must notify us immediately if you become aware of any unauthorised use of your account.

We may suspend or terminate your account if we reasonably believe that your account information is inaccurate, or that your account is being used in violation of these Terms or applicable law.

4. Platform Services

BuildFair provides the following services through the Platform:

• Business account ledger management with append-only, hash-chain integrity.
• Payment processing, invoicing, and GST-safe disbursement workflows.
• Identity verification (eKYC) and AML/CTF compliance screening.
• Automated reconciliation of bank feeds against ledger records.
• Project management tools for construction industry participants.

BuildFair does not hold your funds. Custody of funds remains with our regulated banking partner. BuildFair acts as a technology platform that orchestrates payment flows and enforces compliance rules.

5. User Obligations

As a user of the Platform, you agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms.
• Maintain the accuracy of your account information, including bank details, ABN, and contact details.
• Comply with all applicable Australian laws, including the AML/CTF Act, Privacy Act 1988 (Cth), and relevant state-level construction industry legislation.
• Not attempt to circumvent, disable, or interfere with security-related features of the Platform.
• Not use the Platform to facilitate money laundering, terrorism financing, fraud, or any other illegal activity.
• Not submit false invoices, fabricated payment claims, or misleading project information.

6. Payments and Fees

Fees for using the Platform will be communicated to you during onboarding and may be updated from time to time with reasonable notice. All fees are quoted in Australian dollars and are exclusive of GST unless otherwise stated.

You authorise BuildFair to deduct applicable fees from transactions processed through the Platform. Detailed fee schedules are available in your account settings.

7. GST and Tax

The Platform automatically calculates and reserves GST on applicable transactions. You are responsible for ensuring that your GST registration status and tax details are accurate and up to date. BuildFair does not provide tax advice. You should consult a qualified tax professional for advice on your tax obligations.

Financial records are retained for a minimum of 7 years in accordance with the Income Tax Assessment Act 1997 (Cth) and the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

8. Intellectual Property

All content, software, designs, logos, and trademarks on the Platform are owned by or licensed to BuildFair and are protected by Australian and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from any part of the Platform without our prior written consent.

You retain ownership of any data you submit to the Platform (invoices, project information, etc.). By submitting data, you grant BuildFair a non-exclusive, royalty-free licence to use, process, and store that data for the purpose of providing the Platform services.

9. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

10. Limitation of Liability

To the maximum extent permitted by law, BuildFair’s total liability to you for any claims arising from or related to your use of the Platform is limited to the total fees you have paid to BuildFair in the 12 months preceding the claim.

BuildFair is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

11. Indemnification

You agree to indemnify, defend, and hold harmless BuildFair, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any third-party rights.

12. Suspension and Termination

We may suspend or terminate your access to the Platform if:

• You breach these Terms or any applicable law.
• We are required to do so by law, regulation, or a court order.
• We reasonably suspect fraudulent, illegal, or unauthorised activity on your account.
• Your identity verification fails or your KYC status is revoked.
• A business account freeze is applied to your associated project accounts.

You may close your account at any time by contacting our support team. Please note that financial records must be retained for 7 years after account closure as required by Australian tax and AML/CTF law.

13. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute is not resolved within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC).

If mediation is unsuccessful, either party may commence legal proceedings in the courts of New South Wales, Australia. These Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia.

14. Force Majeure

BuildFair is not liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemic, government actions, cyberattacks, telecommunications failures, or banking system outages.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Platform and, where appropriate, by email. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BuildFair with respect to your use of the Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written.

18. Contact

If you have questions about these Terms, contact us:

• Email: legal@buildfair.com.au
• General inquiries: support@buildfair.com.au