BYB Terms and Conditions
and Collection Notice

Our website provides access to a platform that allows a potential purchaser, owner or seller of residential and commercial property (in these Terms, 'Client' or 'you') to obtain building reports, timber and pest inspection reports, minimum rental standard reports, strata reports, pre-conveyancing reports and other due-diligence reports (Reports), and conveyancing and other due-diligence services (Services), from service providers (Third Party Service Providers). We reserve the right to restrict, suspend, terminate access to or amend our website (or any part or feature) from time to time. We will endeavour to give you reasonable notice of any suspension or withdrawal of, or major changes to, our website.

Any Reports or Services (Third Party Services) that you acquire via our website are acquired directly from the relevant Third Party Service Provider.

We do not supply the Third Party Services and are not a party to any contract between you and any Third Party Service Provider. Third Party Services will be provided to you pursuant to the relevant Third Party Service Provider’s own terms and conditions.

BYB expressly disclaims all liability that may arise out of the supply of Third Party Services to you.

Any decision made by you to purchase, sell or invest in any real property is entirely at its own risk.

We may provide you with a user name and password to access and order Third Party Services. You must keep your username and password secure and are responsible for all activity carried out under your username. To order Third Party Services you must be at least 18 years of age and capable of entering into a legally binding agreement.

We collect personal information about you in order to provide you with access to our website and Third Party Services and for the purposes set out in our Privacy Policy. The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us provide you with access to the Third Party Services (including the Third Party Service Providers, suppliers, suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to Third Party Services.

Without limiting the above, if you order Third Party Services, we may disclose your personal information to the selling estate agent of the relevant property and, if you purchase the property, to other service providers such as professional tradesmen who may be able to assist you remedying any issues with the property. These recipients may use your personal information to make contact with you in relation to the provision of the relevant Third Party Service.

We may also disclose your personal information to our home connection partners (where you have expressly consented to such disclosure) who may be able to assist you with moving services. These recipients may use your personal information to make contact with you and to send you direct marketing communications about their products and services that they consider may be of interest to you only where you have expressly consented to receive them in accordance with our Privacy Policy.

When you order Third Party Services, you will provide us with personal information including your name, email address and telephone number. You consent to us collecting, using, disclosing and holding your personal information, for the purposes and in the manner set out in our Privacy Policy, which is hereby incorporated into, and forms part of, these Terms. Direct marketing communications will only be sent to you by us where you have expressly consented to receive them in accordance with our Privacy Policy.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.

Full details of our Privacy Policy can be found at this link: https://www.beforeyoubuy.com.au/privacy-policy

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, subject to Your Consumer Rights (as defined below), we make no warranty regarding the information on this website. You should monitor any changes to the information contained on our website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We do not guarantee continuous, secured, or uninterrupted access to the BYB website.

The price for Third Party Services displayed on our website is an estimate only. The Service Provider’s final price will be specified when you place your order. You must review your order carefully before placing it. Once an order is placed, there are very limited circumstances to cancel or change it. Orders are only confirmed once payment is received in full. We may reject your order, including in circumstances where we believe there may be a credit card fraud.

All fees for Third Party Services are stated inclusive of GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) unless otherwise specified. Where GST applies to any supply made under these Terms, BYB will issue a valid tax invoice upon receipt of payment.

After placing your order, you will receive an email confirmation from us containing PDF files relating to the Third Party Services you have ordered. We will attempt to send you PDF copies of any Reports you order within 48 hours of the Third Party Service Provider being given access to any building or information it requires to prepare the Report. You must not provide any Report provided to you by us or a Third Party Service Provider to any third party. If you do we may charge you the fees that we would have charged that third party to access the Report.

Our website and the Third Party Services are not optimised for use on smart phones. Please order Third Party Services using a desktop, laptop or tablet. All intellectual property rights in the Report will be owned and dealt with according to the Third Party Service Provider’s terms and conditions.

While it is generally the case that orders of Third Party Services cannot be cancelled or changed, there are some circumstances when the Service Provider will allow it. Cancellation of a Third Party Service can lead to charges ranging from $50 up to the full cost of a Report, and in some instances may be more than the initial payment made for the Service. Our Cancellation Policy is hereby incorporated into, and forms part of, these Terms.

Full details of our Cancellation Policy can be found at this link: https://www.beforeyoubuy.com.au/cancellation-policy

Our website may contain links to websites operated by third parties (Linked Websites). Those links are provided for convenience and may not be current. We do not endorse and are not responsible for the content on those Linked Websites.

Your access to Linked Websites is entirely at your own risk, and BYB makes no representations and gives no warranties about those Linked Websites. BYB is not responsible for the content or privacy practices of any Linked Websites and does not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.

BYB does not make any representations or give any warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third-party intellectual property rights subsisting in any content or material posted on Linked Websites.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our website must not be framed or mirrored on any other website. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our website other than as set out above, please contact us.

You must not conduct, facilitate, authorise or permit any text or data mining, web scraping or similar data extraction activity in relation to our website or any services provided via, or in relation to, our website (including for the purpose of developing, training, fine-tuning or validating any artificial intelligence system or model). This includes using any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm or code to access, copy, monitor or extract any portion of our website or data or content from it.

The BYB website uses “cookies” as a fundamental interaction with your internet browser. A “cookie” is a small text file placed on your device by the BYB web server when you visit our website.

BYB uses cookies on the website for various purposes, including where you access Linked Websites. Therefore, if you wish to make full use of the BYB website, it is recommended that you accept cookies. You may configure your browser to refuse cookies, but this may affect your ability to use the full functionality of our website.

BYB may use cookies to collect and use information for a range of purposes, including to maintain and improve the operation of the BYB website, to track user preferences and product requirements and to improve advertising relevance.

Unless otherwise indicated, we own or license all intellectual property rights relating to this website and all material available on this website (Content). You may only use the website and view the Content for the purposes of ordering Third Party Services in accordance with these Terms and, where applicable, as expressly authorised by us and/or our Third Party Service Providers. Any other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of any materials from our website.

You consent to BYB making technical changes to any content you submit or upload to our website that might otherwise engage moral rights under the Copyright Act 1968 (Cth), including resizing, reformatting, cropping or watermarking images or other media for publication or display on our website.

“Before You Buy”, “BYB” and all related names, logos, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, designs and slogans on this website are the trade marks of their respective owners.

If you purchase a Report from us or download a Report from our website at no cost, you must not:

without our prior written consent, which we may withhold in our absolute discretion.

In addition to any other remedy which may be available in law or equity, we reserve our right to seek interim, interlocutory and permanent injunctions or any of them, to prevent a breach of this clause and to compel specific performance of it.

You may use our website only for lawful purposes and in accordance with these Terms. You must not use our website: (a) in any way that violates any applicable law or regulation; (b) to exploit, harm or attempt to exploit or harm minors in any way; (c) to transmit any unsolicited advertising or promotional material (including “junk mail”, “spam” or “chain letters”); (d) to impersonate or attempt to impersonate us, any of our employees, or any other person or entity; (e) to post or transmit any material that is defamatory, obscene, threatening, pornographic, hateful, or otherwise objectionable or that infringes any person’s intellectual property or other rights; (f) to upload files that contain viruses, trojans, worms, logic bombs or other malicious or technologically harmful material; or (g) to engage in any other conduct that restricts or inhibits anyone’s use of our website, or that may harm us or users of our website.

Additionally, you must not: (a) use any automated device, robot, spider, scraper or other means to access or copy material from our website (see also clause 10); (b) use any device, software or routine that interferes with the proper working of our website; (c) attempt to gain unauthorised access to any part of our website or any server, computer or database connected to our website; (d) attack our website via a denial-of-service or distributed denial-of-service attack; or (e) copy, decompile, reverse engineer, disassemble, modify or create derivative works from our website or any content or software on it.

If you post any information to our website, we have the right to remove it at our sole discretion and without notice. We may report any breach of this clause to relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of a breach, your right to use our website will cease immediately.

Nothing in these Terms excludes, restricts or modifies any rights that you have under the Australian Consumer Law or any other applicable law, that cannot be lawfully excluded, restricted or modified. We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation (Your Consumer Rights). You can find out more about Your Consumer Rights from the ACCC or State/Territory fair trading authorities.

To the extent permitted by Your Consumer Rights, we do not provide any warranties or guarantees in relation to: (i) the Third Party Service Providers, including their quality, expertise, reliability or financial standing; (ii) the Third Party Service, including whether they are accurate, comprehensive, error-free, up-to-date or not misleading and (iii) our website, including that its operation will be uninterrupted, error-free, secure or free from viruses.

If Your Consumer Rights require us to take responsibility for Loss in relation to a Third Party Service then, to the extent permitted by your Consumer Rights, our liability is limited to procuring, or paying the cost of, resupply the relevant Third Party Service. Subject to Your Consumer Rights, neither party will be liable to the other for (i) Consequential Loss or (ii) Loss arising from their own conduct.

Nothing in these Terms limits any rights that you may have against a Third Party Service Provider under any contract that you have with them or pursuant to Your Consumer Rights.

To the extent permitted by Your Consumer Rights, our total aggregate liability for any Loss you suffer arising out of or in connection with these Terms is limited to the fee received by BYB for the Third Party Services supplied to you.

You agree to indemnify BYB from and against any Loss arising out of or connection your:

You are responsible for all costs and charges (including from your internet service provider) in accessing and using the BYB website.

If you have a complaint about our website, please contact us using the contact details in these Terms. We will endeavour to: (a) acknowledge your complaint within 2 business days of receipt; (b) investigate your complaint fairly and reasonably; (c) request further information from you where required; and (d) provide you with a response or proposed resolution within a reasonable time. If you remain dissatisfied, you may refer your complaint to the relevant consumer protection authority or, for privacy-related complaints, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au for guidance on further steps available to you.

If you have a complaint about any Third Party Services or Third Party Services Provider, please contact the relevant Third Party Provider using the contact details in these Terms (as applicable) or as provided by the relevant Third Party Provider.

BYB is not liable for any delay or failure to perform its obligations under these Terms caused by circumstances beyond its reasonable control, including acts of God, natural disasters, acts of government or regulatory authority, power or internet outages, cyber attacks, pandemics, epidemic, industrial disputes, or failures of third-party service providers. If such an event continues for more than 14 days, BYB may suspend or terminate access to the BYB website or the affected services by notice on its website (where possible).

Additional terms and conditions may apply to specific portions, services or features of our website, including our Cancellation Policy and Privacy Policy, which are incorporated into these Terms by reference. All such additional terms and conditions are incorporated by this reference into these Terms.

These Terms may be varied by BYB at any time and when we do, we will provide notice of the changes on our website. You should regularly review our website to ensure that you are aware of any changes to these Terms. You agree to be bound by the revised Terms on receipt of notice of such change.

BYB may assign its rights or subcontract its obligations under these Terms without notice to you, provided such assignment or subcontracting does not reduce your statutory rights. You must not assign, transfer or sub-licence your account or any rights under these Terms without BYB’s prior written consent.

If any part of these Terms is held to be illegal or unenforceable in any jurisdiction, the continuation in full force and effect of the remaining provisions will not be prejudiced.

A party must notify the other party in writing of any dispute arising under these Terms. The parties must first attempt to resolve the dispute by good faith negotiation within 14 days of the written dispute notice (or such longer period as the parties agree in writing). If the dispute is not resolved within that period, the parties agree to consider mediation before commencing any court proceedings, except where urgent injunctive or other equitable relief is required.

These Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

BYB may retain account and order records as required by law and for its legitimate business purposes, including compliance, fraud prevention and record-keeping obligations, even after an account is closed or an order is completed. BYB may anonymise and use aggregated, de-identified data to maintain, improve and develop its website.

Unless the context indicates otherwise, these words have the specified meanings: