Terms of Use – Build Inspect Application
Latest Update: 14 November 2025
Commerford Consolidated ACN 616 326 357 (Application Owner, We/we, Us/us, Our/our) exclusively owns and operates the platform referred to as “Build Inspect” (Application) and all intellectual property in and associated with the Application.
The following Application terms of use (Terms of Use) govern your access to and use of this Application and the products and services available through this Application (Goods and Services).
By accessing or using this Application and any related Goods and Services, you agree to all of the Terms of Use as in force at the time of use.
1. Definitions
Along with the terms defined elsewhere in these Terms of Use, the terms below are defined as follows:
Defect Library means the curated statements, descriptions, standardised wording, risk ratings and rationales used to describe building defects within the Application.
Inspection Data means any personal and non-personal information captured or generated during inspection activities. This includes property characteristics, observations, inspection outcomes, photos, metadata, condition assessments, and related materials.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth), and includes, in the context of these Terms of Use, personal information of any Registrant Data, Client Data, and Application Data.
PIAs means the standard property inspection agreements for each service, including any schedules, annexures and service-specific terms.
Report Framework means the report schemas, templates, layouts, fixed fields, headings, labels, field orders and style guides used for any inspection report.
Service T&Cs means the service-specific terms and conditions for each inspection type offered through the Application.
2. Amendments to the Terms of Use
a) The Application Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments).
b) Amendments will be effective immediately. Where practicable, we will endeavour to notify you of the Amendments to the Terms of Use.
c) Your continued use of the Application following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use.
d) Check the Terms of Use regularly to ensure you are aware of the most up-to-date terms.
3. Application Usage, Registrant Data and Application Data
a) Access to the Application is permitted on a temporary and limited basis for the purpose of browsing and using the Application and interacting with the Application Owner.
b) We reserve the right to withdraw or amend the Application, and any Goods and Services listed on the Application without notice. We will not be liable if, for any reason, this Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Application.
c) You must evaluate artificial intelligence (AI) output for accuracy and appropriateness for your use.
d) You acknowledge that the AI output should not be relied upon for making decisions or providing professional advice as it relates to your function as a Building Inspector or Consultant, nor be relied on for making medical, financial, legal or other important decisions about any person without appropriate professional advice, and you agree to seek such professional advice before making any such decisions.
e) When you register to use or use (on each separate instance) the Application you may be required to provide data relating to yourself, namely:
(i) Your name, valid email address, or valid phone number;
(ii) Credit/ debit card information or bank account details for payment purposes;
(iii) Any other information required to complete the registration process;
(together, the Registrant Data).
f) When you use (on each separate instance) the Application for the purposes of carrying out property inspections, you will be required to provide all data, content, materials, and information generated, entered, uploaded, captured, or otherwise made available through the use of the Application, the Build Inspect Customer Relationship Management System (CRM), the defect library, or any associated systems by you (together, the Application Data). This includes, but is not limited to, Inspection Data, photos, videos, voice recordings, notes, annotations, metadata, categorisations, comments on defects, system usage data, templates, form inputs, and any outputs or derivatives arising from such inputs or use of these systems. It also includes any content, suggestions, insights, or outputs generated or enhanced through AI tools or features integrated within the Application or related platforms. For clarity, Application Data includes Personal Information about clients, property owners, occupants, agents or other individuals collected or imported in connection with an inspection (Client Data), whether provided by you, captured during inspections, or sourced via integrations or communications (e.g., email, messaging, file uploads).
g) Failure to supply correct Registrant Data and Application Data (which includes, but is not limited to, information set out in clause 3(e), Personal Information and AI data, namely, information generated by way of conversational AI agents that interact with you) may result in us cancelling your registration.
h) You agree to update your Registrant Data if there are any changes to ensure that it is current and accurate at all times. You agree to update us to the extent you become aware of any such changes in relation to the Registrant Data.
i) You agree to permit us to use the Registrant Data and the Application Data for the purpose of providing the functionality of the Application, commercialisation of the Registrant Data and Application Data, and any related purpose, including but not limited to AI model training, refinement and optimisation, machine learning development, user behaviour analysis, improvement of AI-driven assistant capabilities, or any other related purposes. You grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate the Registrant Data and Application Data (and other data we collect from you) into our AI models and systems. You acknowledge that, in order to do so, we may share the Registrant Data, Application Data and other relevant data with other parties, including, but not limited to, stakeholders, suppliers, and AI technology partners. You understand and agree that any AI-generated content, recommendations, or insights created through the Application are owned exclusively by us, regardless of the input data used.
j) You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.
k) All Registrant Data and Application Data will be stored and maintained by or on behalf of us in accordance with Australian privacy law.
l) Our use of any Personal Information provided within the Registrant Data and Application Data will be in accordance with our Privacy Policy, which sets out how we will use your information.
4. Goods and Services and Features
a) This Application is an application for approved building inspection companies and building inspectors or consultants to input Application Data into an organised database, conduct inspections on properties, and generate building inspection reports. It collects Personal Information and Application Data and may use or sell this dataset in aggregated and non-aggregated form; Personal Information is only used, sold or commercialised with documented consent. Recipients of marketing communications can opt out at any time via a dedicated mechanism. While the Application aims to help users in preparing building inspection reports, this Application is not a substitute for professional advice and should not be used as a substitute for the users’ own professional expertise as a building inspector or building consultant.
b) The Application is built to assist building inspectors or building consultants purely.
c) We reserve the right to modify the Application and the Goods and Services at any time at our sole discretion. We may update you upon making any such changes.
d) We will endeavour to ensure that the Application will be available at all times; however, we do not guarantee this.
e) The Application may not be available during any or all of the following times:
(i) During maintenance events or due to agreed emergency maintenance;
(ii) Due to problems that occur with your telecom or internet service providers or connection. We accept no liability for any loss or damage that occurs as a result of your telecom or internet service provider;
(iii) Due to anything or event affecting the availability of any third-party foundational models; and
(iv) Due to your action or inaction.
5.Use of Application Data
a) Subject to applicable law, our Privacy Policy and any documented consents, we may use the Application Data for any lawful purpose consistent with this Agreement. This includes, without limitation, the right to:
(i) use Application Data to train models, improve services, develop new features, and perform diagnostics and analytics;
(ii) aggregate and anonymise Application Data to produce statistical insights, benchmarks or research outputs, which may be commercialised or shared with third parties; and
(iii) retain Application Data indefinitely, including after termination of these Terms of Use or your use of the Application.
b) Inspection report uploads to online sales platform. The Application may provide functionality whereby completed inspection reports derived from Application Data (Reports) may, by default, be marked for upload to an online sales platform at our discretion for potential distribution.
c) Use and disclosure of Personal Information within Application Data. We will not use or disclose Personal Information contained within Application Data except as permitted or required by law or with the informed and express consent of the relevant individual. Any processing or use of Personal Information will be conducted in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
d) Marketing communications (consented). Where a customer of yours has provided informed and express consent, we may use that customer’s Personal Information to send marketing or promotional communications relating to our or your services or offerings (depending on the nature of the consent). The customer may withdraw consent at any time by using the unsubscribe facility in the communication or by contacting us. All marketing activities will comply with the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and our Privacy Policy.
e) Third-party marketing (opt-in only). Where a customer of yours has provided informed and express consent, we may share that customer’s Personal Information with selected third-party service providers for the purpose of offering relevant products or services. Such disclosure will occur only where:
(i) the customer has explicitly opted in to receive such third-party communications;
(ii) the categories of third parties and the nature of the services or products are clearly disclosed at the point of consent; and
(iii) appropriate safeguards are in place to ensure the third party handles the Personal Information in accordance with the Privacy Act 1988 (Cth).
f) Withdrawal of consent. If a customer withdraws consent, they may notify you or us directly. Upon receiving such notification, you must promptly relay the opt-out request to us via the designated channel notified by us from time to time. Upon receipt, we will take reasonable steps to cease further sharing of the customer’s Personal Information for third-party marketing and, where applicable, will notify relevant third parties.
6. License back to you
a) Subject to the terms of these Terms of Use, we grant you a non-exclusive, royalty-free, revocable licence to access and use the Application Data generated by the Application by you, solely for your internal business purposes, and for any other permitted purpose agreed by us. This includes, without limitation, generating Reports, uploading the completed Reports onto the designated marketplace platform “ecommerce.jimsbuildinginspections.com.au” (the Marketplace), and other approved 3rd party platforms and providing related services within your organisation.
b) You must not, whether directly or indirectly:
(i) sell, license, assign or otherwise commercialise any Reports or Application Data;
(ii) disclose, distribute or share Reports or Application Data with any third party; or
(iii) transfer or sublicense any rights to the Reports or Application Data without our prior written consent,
except to the extent expressly permitted under these Terms of Use (including clause 6(a), clause 5(b) regarding uploads to the online sales platform and any consent-based disclosures under clauses 5(d)–5(f)).
c) This licence:
(i) is limited strictly to the period during which you maintain active and authorised access to the Application;
(ii) immediately terminates if your access is suspended or rescinded by us for any reason; and
(iii) also terminates upon cessation of your use of the Application or termination of these Terms of Use.
d) Subject to any contractual requirements you may have under your franchise agreement or insurance agreements, upon termination of this licence for any reason, you must immediately cease all use of Application Data obtained under this clause and, where reasonably practicable, delete any stored copies of such data unless required to retain them under applicable law or bona fide record-keeping obligations. Upon our request, you must confirm in writing that such deletion has occurred, including a description of when, how and by whom the data was deleted and the systems or storage media involved.
e) We may immediately terminate these Terms of Use upon notice if you breach any material term of these Terms of Use, including (without limitation) any unauthorised use, disclosure or commercialisation of Application Data.
f) Nothing in this clause conveys any ownership rights in the Application or Application Data to you or your personnel. For clarity, your access to and use of the Application and Application Data is limited to the scope of the licence granted in these Terms of Use.
7. Linked Sites
a) This Application may contain links to other websites (Linked Sites), which are not operated by Application Owner.
b) The Application Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites.
c) Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.
8. Privacy policy
a) Our privacy policy, which sets out how we will use the Registrant Data and Application Data, can be found at buildinspect.net/privacy-policy/.
b) By using this Application, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
9. Prohibitions
a) Access to the Application is provided to you on the basis that you must not misuse this Application. Accordingly, you will not do any of the following:
(i) Commit or encourage a criminal offence;
(ii) Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) Hack into any aspect of the Application; corrupt data; cause annoyance to other users;
(iv) Maliciously interrupt the purchase of Goods and Services from the Application;
(v) Infringe upon the rights of any other person’s proprietary rights, or copy, reproduce, adapt, translate, rearrange, extract or create derivative works from any part of the Application content, including the Defect Library, Report Framework (including any fixed fields), PIAs or Service T&Cs, except as expressly permitted by these Terms of Use;
(vi) Send any unsolicited advertising or promotional material (spam); or
(vii) Attempt to affect the performance or functionality of any computer facilities of or accessed through this Application;
(viii) Train, fine-tune or otherwise use the Application content (including the Defect Library, Report Framework, PIAs or Service T&Cs) to develop any model, algorithm, template library or competing product;
(ix) Scrape, spider, harvest or bulk-download any templates, statements or fixed fields from the Application (including by automated means).
b) You acknowledge that breaching this prohibition clause may constitute a criminal offence and, if breached, the Application Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
c) The Application Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computing devices, programs, data or other proprietary material due to your use of this Application or to your downloading of any material posted on it, or on any Linked Sites.
d) We reserve the right to delete your account immediately if you are in breach of any of the Terms of Use, or due to any behaviour, including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to the Application Owner.
10. Intellectual property, software and content
a) The intellectual property rights in all software, source code, the Goods and Services and Application content (including photographic images, text, audio, video), user interface, designs, tools, features, the AI assistant functionality, machine learning models, algorithms, and AI-generated content, the data derived from use of the Application (including all user interactions with the AI assistant), Application Data, trade marks, business name, logos, branding the Defect Library, the Report Framework (including all fixed fields, schemas, templates and layouts), and all legal content including PIAs and Service T&Cs, and any other documentation, information or materials made available to you on or through this Application remain the exclusive property of the Application Owner or its licensors and are protected by copyright laws and treaties around the world.
b) Without limiting clause 10(a), such ownership includes the unrestricted right to use, reproduce, modify, enhance, analyse, aggregate, commercialise, license, distribute and otherwise utilise the Application, Application Data and all related intellectual property for any lawful purpose, including (without limitation) data commercialisation in de-identified or aggregated form and, where applicable, in accordance with the Privacy Policy and any documented consents.
c) The Application Owner and its licensor (where appropriate) reserve all such rights. For the avoidance of doubt, nothing in the Terms of Use assigns any ownership rights to you, creates any database right in your favour, or permits you to sublicense the Application or your account, and your access to and use of the Application (including the Defect Library, Report Framework, PIAs and Service T&Cs and Application Data is limited to the scope of the licence granted by these Terms of Use.
d) By accepting the Terms of Use you undertake not to reverse engineer, decompile, disassemble, publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Application, and you must not extract, data-mine, scrape, mirror, train or use any such content (including the Defect Library, Report Framework, PIAs or Service T&Cs) in connection with any business or commercial enterprise, or in any way that competes with the Application, and you must not claim ownership of any rights in the Application, Application Data, or the Build Inspect trade marks, except as expressly permitted under this Terms of Use.
e) We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates. This includes any breach of the restrictions set out in clauses 10(c) and 10(d).
f) To the extent you or your personnel create or supply any edits, amendments or other contributions to our Defect Library, Report Framework (including fixed fields), PIAs or Service T&Cs (Improvements), all intellectual property in the Improvements vests in and is assigned to us on creation. Where assignment is not effective by law, you grant us an exclusive, perpetual, irrevocable, worldwide, royalty-free licence (with sublicensing rights) to use and commercialise the Improvements. You consent (and will procure consents) to acts or omissions in respect of the Improvements that may otherwise infringe moral rights. We grant you a limited licence to use outputs generated for a specific engagement (for example, a completed client Report) solely for that engagement. You must not extract or republish our generic defect statements, templates or fixed fields.
11. Disclaimer of liability
a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Application is provided without any guarantees, conditions or warranties as to its accuracy.
b) To the fullest extent permitted by law, the Application Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, exemplary, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of this Application or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
c) The Application and its AI assistant functionality are made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind regarding the accuracy, reliability, completeness or appropriateness of AI-generated responses, recommendations or content.
d) This disclaimer does not affect the Application Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
e) Your use of the Application is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computing devices from viruses that may be downloaded to your computing devices in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations will apply to you to the fullest extent permitted under applicable law.
f) The information and content of the Application, including the output generated by the AI functionality, do not constitute any legal, medical or financial advice.
g) To the maximum extent permitted by law, we disclaim:
(i) any:
A. direct, indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
B. loss of use, profits, or other intangibles;
C. network interruptions;
D. loss or damage to goodwill or reputation;
E. loss of information or data; and
(ii) any loss or damage arising out of or in connection with your use of the Application.
h) To the extent that any liability cannot be excluded under clause 11(g), our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), is limited to the greater of:
(i) The amount paid, if any, by you to us in connection with the Application in the two (2) months prior to the action giving rise to liability; or
(ii) AUD100.00
(i) Without limiting the above, you acknowledge that your use of the Application (including any AI assistant functionality and AI-generated output) may be subject to the requirements of your professional indemnity and public liability insurance policies. We do not represent or warrant that any output, template or workflow will meet any insurer, regulator or client criteria. You are solely responsible for reviewing and verifying all AI-generated output, complying with applicable laws, standards and your policy terms, and maintaining appropriate insurance. To the fullest extent permitted by law, we are not liable for any denial of cover, limitation, sub-limit, excess, increased premium or other insurance consequence arising from your use of the Application or reliance on AI-generated output.
12. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright
a) Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Application are in no way associated, linked or affiliated with the Application Owner and you should not rely on the existence of such a connection or affiliation.
b) Any trademarks/names featured on this Application are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Application Owner.
13. Indemnity
You agree to indemnify, defend and hold harmless the Application Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees on a full indemnity basis) arising from your use of this Application or your breach of the Terms of Use.
14. Variation
We may remove or vary the Goods and Services or any page of the Application at any time in our discretion (separate from the Amendments to these Terms of Use).
15. Invalidity
a) If any part of the Terms of Use is void, voidable, unenforceable or illegal, that part shall be severed and the remainder of the Terms of Use will continue to be valid and enforceable to the fullest extent permitted by law (including any provision in which we exclude our liability to you).
b) So far as possible, where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly.
c) Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
16. General
a) You understand that we may use third party vendors, hosting partners, payment processing partner, and artificial intelligence technology providers to provide the necessary hardware, software, networking, storage, payment gateway, AI functionality and related technology required to run the Application, including its AI assistant features.
b) We do not warrant that:
(i) The Application Owner will meet your specific requirements;
(ii) The Application, including its AI assistant functionality, will be uninterrupted, timely, secure, error-free, or produce completely accurate or suitable results; or
(iii) Any errors in the Application will be corrected.
c) Clauses 5, 6, 9, 10, 11, 12, 13 and any other clauses that are intended to survive termination, survive termination of these Terms of Use, cessation of use of the Application, or revocation of access.
d) Nothing in these Terms of Use creates a partnership, joint venture, agency or employment relationship. You and your personnel act independently and are not authorised to bind, represent or contract on our behalf. Each party remains responsible for its own personnel and obligations.
e) Any contribution by you or any third party (including funds, time, personnel, input or services) does not grant any ownership, intellectual property rights, control or entitlement in or to the Application, or Application Data, or any related software, tools, content or derivatives. All rights, title and interest remain with us as set out in these Terms of Use.
f) These Terms of Use constitute the entire agreement between the parties in relation to the Application, your licence to use it, and the treatment of Application Data and Personal Information, and supersede any prior communications on that subject matter. For clarity, these Terms of Use govern your access to and use of the Application only. They amend, replace or override any franchise agreement. If there is any inconsistency between these Terms of Use and a franchise agreement, these Terms of Use prevail to the extent of the inconsistency.
g) These Terms of Use are governed by the laws of the State of Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria.
17. Complaints
We operate a complaint handling procedure, which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to info@buildinspect.net