Terms & Condition Page
These Terms & Conditions (“Terms”) govern access to and use of the BuildDirect Marketplace (“Platform”). By accessing or using the Platform, you agree to be bound by these Terms.
1. Definitions
Platform – The BuildDirect digital marketplace enabling browsing, uploading, reserving, and managing house-and-land packages.
Buyer – An individual reserving or enquiring about a house-and-land package.
Builder – A licensed building entity registered on the Platform to list house-and-land packages.
Developer – A land developer uploading estates, lots, and supporting documentation.
Reservation – A Buyer-initiated process to reserve a house-and-land package by paying the required Reservation Fee.
Reservation Fee – The upfront fee of AUD $5,000 paid by the Buyer to reserve a package, split between BuildDirect and the Builder.
Contract Exchange – The stage at which the Buyer signs the land contract and pays the applicable deposit (typically 5%), triggering referral fees and rendering the Reservation non-refundable.
User – Any person accessing or using the Platform, including Buyers, Builders, Developers, and Guests.
2. General Terms (All Users)
2.1 Eligibility
Users must:
Be at least 18 years of age;
Provide accurate, current, and complete registration information;
Use the Platform only for lawful purposes.
2.2 Account Registration
Users must verify their email address prior to account activation.
Buyers, Builders, and Developers must complete applicable onboarding and verification steps to access role-specific features.
Users are responsible for safeguarding login credentials and all activity under their account.
2.3 Role of BuildDirect
BuildDirect:
Is not a party to any land sale or building contract;
Facilitates reservations, communication, and workflow processes only;
Does not provide legal, financial, or building advice;
Does not guarantee the accuracy of third-party content;
Does not participate in contract negotiations or variations.
BuildDirect may modify, suspend, or enhance the Platform at any time.
2.4 User Content
Users agree:
To upload only lawful, accurate, and non-misleading content;
That uploaded content (including listings, documents, plans, and lot data) may be displayed to relevant User roles;
That BuildDirect may remove or restrict access to content that is inaccurate, misleading, non-compliant, or harmful.
2.5 Fees and Payments
All applicable fees (including reservations, subscriptions, listing packs, and referral fees) are disclosed on the Platform.
Users are responsible for any applicable taxes.
BuildDirect may amend pricing with reasonable notice.
2.6 Prohibited Conduct
Users must not:
Misrepresent identity, licensing, authority, or ownership;
Upload false, incomplete, or deceptive information;
Circumvent Platform payment or reservation processes;
Use the Platform for fraudulent, misleading, or unlawful purposes.
2.7 Liability and Disclaimers
The Platform is provided on an “as-is” and “as-available” basis.
BuildDirect does not guarantee uninterrupted or error-free access.
BuildDirect is not responsible for delays or issues caused by Builders, Developers, solicitors, councils, lenders, or third-party providers.
To the maximum extent permitted by law, BuildDirect’s total liability is limited to the amount paid by the User to BuildDirect in the preceding 12 months.
2.8 Termination
BuildDirect may suspend or terminate access where:
These Terms are breached;
Fraudulent, misleading, or unlawful activity is suspected;
Required verification cannot be completed.
Users may close their account at any time.
3. Reservation Terms
3.1 Reservation Overview
A Reservation allows a Buyer to temporarily hold a specific house-and-land package while progressing toward contract exchange. A Reservation does not constitute a purchase or legal commitment to buy.
3.2 Reservation Fee and Allocation
Upon reservation:
The Buyer pays a Reservation Fee of AUD $5,000;
The fee is allocated as follows:
AUD $2,000 to BuildDirect;
AUD $3,000 to the Builder.
BuildDirect will notify the Builder and share relevant Buyer details for follow-up.
3.3 Reservation Validity
A Reservation is valid for up to four (4) weeks from the reservation date or until Contract Exchange occurs, whichever is earlier.
3.4 Refunds
The Reservation Fee is refundable only if:
The Buyer withdraws prior to Contract Exchange; and
Withdrawal occurs within the four-week reservation period; and
The Builder has not issued a tender, contract, or commenced material processing work.
The Reservation Fee becomes non-refundable if:
Contract Exchange occurs;
The four-week reservation period expires; or
The Builder has incurred reasonable costs aligned with the tender or contract process.
Refunds arising from incorrect availability, double-selling, or lot conflicts must be processed promptly by BuildDirect and/or the Builder.
3.5 Contract Stage
Following a Reservation:
The Builder prepares and issues plans, tenders, and building documentation;
The Developer’s or Builder’s solicitor issues the land contract;
The Buyer executes the contracts and pays the applicable deposit (typically 5%).
Once the deposit is paid:
Referral fees are triggered; and
The Reservation becomes fully non-refundable.
3.6 Reservation Cancellation
BuildDirect may cancel a Reservation if:
The lot becomes unavailable;
Listing inaccuracies are confirmed;
Licensing, compliance, or legal issues arise.
4. Role-Specific Terms
4.1 Buyer Terms
4.1.1 Buyer Responsibilities
Buyers must:
Provide accurate personal and conveyancing details;
Engage appropriate financial or mortgage advisers;
Respond promptly to Builder or Developer requests.
4.1.2 Financial Acknowledgements
Buyers acknowledge that:
A Reservation does not guarantee loan approval;
Buyers remain responsible for meeting deposit and contractual obligations.
4.1.3 Communications
Buyers consent to being contacted by BuildDirect and relevant Builders in connection with reservations and enquiries.
4.1.4 Information Disclaimer
Buyers acknowledge that package details are supplied by Builders and Developers, and BuildDirect does not independently verify such materials.
4.2 Builder Terms
4.2.1 Licensing and Verification
Builders must:
Hold valid licences and insurance;
Upload accurate and current compliance documentation;
Complete verification prior to listing packages.
4.2.2 Listing Accuracy
Builders must ensure listings are accurate, current, and compliant with applicable building and planning requirements.
4.2.3 Reservation Handling
Builders must:
Contact Buyers promptly following a Reservation;
Issue plans, tenders, and contracts within reasonable timeframes.
4.2.4 Refund Obligations
Builders must cooperate with refunds where Buyers are eligible under Section 3.4.
4.2.5 Prohibited Conduct
Builders must not solicit off-platform transactions for listed packages or misrepresent availability, pricing, or ownership.
4.3 Developer Terms
4.3.1 Lot and Estate Information
Developers must upload accurate and current lot, estate, and contractual documentation and promptly update availability status.
4.3.2 Builder Access
Developers may approve or assign Builders to package their lots through the Platform.
4.3.3 Documentation Obligations
Developers must ensure all uploaded documents are legally valid and kept up to date.
4.3.4 Referral Fees
Developers acknowledge that referral fees may be invoiced upon Contract Exchange and paid outside the Platform.
4.3.5 Prohibited Conduct
Developers must not misrepresent land availability, pricing, or legal authority.
5. Privacy
Personal information is handled in accordance with BuildDirect’s Privacy Policy and applicable laws.
6. Intellectual Property
All Platform software, branding, and content are owned by BuildDirect or its licensors. Users may not copy, modify, or commercialise Platform materials without permission.
7. Governing Law
These Terms are governed by the laws of the jurisdiction in which BuildDirect operates, and disputes are subject to the courts of that jurisdiction.
8. Amendments
BuildDirect may update these Terms from time to time. Continued use of the Platform constitutes acceptance of the updated Terms.