Platform Terms & Conditions

Important Notice

1. Definitions

• Account:a registered user account created to access the Platform.
• AI Services:any artificial intelligence, machine learning, automated recommendation, generated response, predictive tool or similar functionality made available through the Platform.
• Applicable Law:all legislation, regulations, codes, standards, legally binding directions and common law applicable to the relevant person, activity or jurisdiction within Australia.
• Builder:any residential builder, contractor, subcontractor, trade contractor, supplier or other construction participant involved in a Project.
• Business Day:a day other than a Saturday, Sunday or public holiday in New South Wales.
• Consultant:an independent professional listed on, introduced through or otherwise engaged via the Platform.
• Content:text, documents, drawings, plans, photographs, videos, calculations, templates, reports, data, software, graphics and all other information made available through or uploaded to the Platform.
• Fees:the subscription fees, usage fees or other amounts payable for access to or use of the Platform.
• Intellectual Property Rights:all present and future rights in or relating to copyright, patents, trade marks, designs, circuit layouts, domain names, trade secrets, confidential information, database rights, moral rights and all other intellectual property rights, whether registered or unregistered.
• Platform:the My Build Hub software platform, website, mobile applications, APIs, dashboards, databases and associated digital services operated or made available by Pembridge Pty Ltd.
• Professional Services:consulting or advisory services separately purchased from My Build Hub or a Consultant.
• Project:the construction, renovation, extension or development project managed or recorded by a User through the Platform.
• Subscription:the recurring or fixed-term right to access and use specified features of the Platform in accordance with the selected plan and these Terms.
• Terms:these Platform Terms and Conditions, including any schedules, policies or documents expressly incorporated by reference, as amended from time to time.
• User, You or Your:the individual or entity accessing or using the Platform, including any person acting on behalf of an organisation.
• We, Us, Our or My Build Hub:Pembridge Pty Ltd ABN 94 673 174 626 trading as My Build Hub.

2. Interpretation

Unless the context requires otherwise:

• headings are for convenience only and do not affect interpretation;
• the singular includes the plural and vice versa;
• a reference to legislation includes any amendment, consolidation, replacement and subordinate legislation made under it;
• the words including, includes and similar expressions are not words of limitation;
• a reference to a person includes an individual, company, partnership, trust, association, government authority or other entity;
• a reference to writing includes electronic communications and notices through the Platform;
• where an obligation applies to more than one person, it binds those persons jointly and severally; and
• if a period ends on a day that is not a Business Day, the period ends on the next Business Day.

3. Acceptance of these Terms

3.1 When these Terms become binding

These Terms become binding when You do any of the following:

• create an Account;
• select or purchase a Subscription;
• access any part of the Platform;
• use any feature or functionality of the Platform;
• upload Content or Project information; or
• otherwise indicate acceptance of these Terms.

3.2 Use on behalf of another person or entity

If You access or use the Platform on behalf of a company, trust, partnership, joint venture, household or other person, You warrant that You have authority to bind that person to these Terms. You are responsible for ensuring that each authorised user complies with these Terms.

3.3 Incorporated documents

These Terms should be read with the Privacy Policy, any applicable subscription or pricing terms, and any other policy expressly stated to form part of the agreement between You and My Build Hub. Separate Professional Services Terms apply to Professional Services.

3.4 Electronic Acceptance

You acknowledge that Your acceptance of these Terms by creating an Account, clicking an acceptance button, purchasing a Subscription, accessing the Platform or otherwise using the Platform constitutes Your electronic acceptance of these Terms and has the same legal effect as a handwritten signature.

4. Changes to these Terms

4.1 Right to amend

My Build Hub may amend these Terms from time to time to reflect changes to the Platform, Applicable Law, security requirements, commercial arrangements or business operations.

4.2 Notice of material changes

Where a change is material, My Build Hub will use reasonable efforts to notify Users before or when the change takes effect by email, notification within the Platform, publication on the website or another reasonable method.

4.3 Acceptance of amended Terms

Your continued use of the Platform after amended Terms take effect constitutes acceptance of those amended Terms. If You do not agree to an amendment, You must stop using the Platform and may cancel Your Subscription in accordance with the applicable cancellation terms.

5. About the Platform

5.1 Purpose

The Platform provides software tools intended to assist homeowners and other residential construction participants to organise, understand and manage information relating to residential construction Projects.

5.2 Platform features

Depending on the Subscription and functionality made available from time to time, the Platform may include:

• project dashboards and status summaries;
• milestone, task and checklist tracking;
• document and photograph storage;
• budget, payment and variation tracking;
• defect and issue registers;
• scheduling tools and reminders;
• AI-assisted guidance and document support;
• calculators, templates and educational material;
• Consultant Hub or referral functionality;
• messaging and collaboration functionality;
• integrations with third-party software; and
• access to optional Professional Services.

5.3 Changes to functionality

Features available to a User may vary according to the selected Subscription, location, device, release stage or third-party dependencies. My Build Hub may add, modify, replace, suspend or remove features where reasonably necessary. Any rights relating to a material reduction in a paid service are subject to Applicable Law and the specific subscription terms.

6. Platform Licence

6.1 Licence grant

Subject to these Terms and payment of applicable Fees, My Build Hub grants You a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence during the term of Your Subscription to access and use the Platform for Your internal residential construction project management purposes.

6.2 Ownership

The licence granted under clause 6.1 does not transfer ownership of the Platform or any Intellectual Property Rights. My Build Hub and its licensors retain all rights not expressly granted under these Terms.

6.3 Restrictions

Except to the extent expressly permitted by these Terms or Applicable Law, You must not, and must not permit any other person to:

• copy, reproduce or republish the Platform or a substantial part of it;
• reverse engineer, decompile, disassemble or attempt to discover source code or underlying structure;
• modify, adapt, translate or create derivative works from the Platform;
• sell, resell, rent, lease, sublicense, distribute or commercially exploit access to the Platform;
• provide the Platform as a bureau, managed service or service bureau for third parties;
• scrape, harvest, extract or systematically collect Platform data or Content;
• circumvent technical restrictions, access controls, subscription limits or security measures;
• interfere with the integrity, performance or operation of the Platform; or
• use the Platform to develop, train or improve a competing product or service, except to the extent that such restriction is prohibited by law.

7. User Eligibility

7.1 Eligibility requirements

To create an Account or use the Platform, You warrant that:

• You are at least 18 years of age;
• You have legal capacity to enter into a binding contract;
• all information provided by You is accurate, complete and not misleading;
• You will keep Your Account and Project information reasonably current; and

Your use of the Platform will comply with Applicable Law and these Terms.

7.2 Refusal of registration

My Build Hub may refuse or restrict registration where reasonably necessary to protect the Platform, its Users, its personnel, legal compliance, security or legitimate commercial interests. This clause does not limit any rights or remedies available under Applicable Law.

8. User Accounts

8.1 Account information

You must provide the information reasonably required to establish and maintain Your Account. You must not create an Account using false information, impersonate another person or use an Account that You are not authorised to access.

8.2 Responsibility for Account activity

You are responsible for activity carried out through Your Account by You or any person whom You authorise to use it. You must ensure that authorised users comply with these Terms. Nothing in this clause makes You responsible for loss caused by My Build Hub’s breach of Applicable Law, negligence or failure to apply reasonable security safeguards.

8.3 Security incidents

You must promptly notify My Build Hub if You become aware of or reasonably suspect unauthorised access, account compromise, fraudulent activity, disclosure of login credentials or another security incident affecting Your Account.

8.4 Account suspension

My Build Hub may temporarily suspend or restrict an Account where it reasonably believes that suspension is necessary to investigate or address fraud, unlawful activity, a security compromise, non-payment, material breach of these Terms or risk to the Platform or other Users. Where reasonably practicable, My Build Hub will provide notice and an opportunity to remedy the issue.

9. Account Security

9.1 User security obligations

You must take reasonable steps to protect Your Account, including:

• using a strong and unique password;
• enabling multi-factor authentication where available;
• keeping login credentials and verification codes confidential;
• not sharing an Account except through authorised multi-user functionality;
• logging out of shared or public devices; and
• promptly changing compromised credentials.

9.2 Credentials and authorised access

My Build Hub is not liable for loss resulting from Your failure to take reasonable security precautions or from access You knowingly authorise, except to the extent that liability cannot be excluded under Applicable Law.

9.3 Security controls

My Build Hub may require password resets, identity verification, multi-factor authentication or other reasonable security controls as a condition of continued access to the Platform.

10. GENERAL INFORMATION WARNING

10.1 Nature of the Platform

The Platform is designed to assist Users in organising, understanding and managing residential construction projects by providing software tools, educational resources, project management functionality, document management, milestone tracking, calculators, templates, AI-assisted functionality and access to optional Professional Services. Unless expressly stated otherwise, all Content made available through the Platform is provided for general informational purposes only.

10.2 No Personalised Advice

The Platform does not consider Your individual circumstances, including your financial circumstances, objectives, project budget, site conditions, engineering requirements, planning controls, contractual arrangements, local authority requirements, builder capabilities, statutory obligations, insurance arrangements or risk tolerance.

10.3 User Responsibility

Before acting on any information provided through the Platform, You must independently determine whether that information is appropriate for Your Project and obtain advice from suitably qualified professionals where appropriate.

10.4 No Guarantee

Nothing within the Platform guarantees construction outcomes, project costs, project duration, builder performance, compliance, workmanship, approvals, dispute avoidance or project success.

11. NO PROFESSIONAL ADVICE

Except where You have separately engaged My Build Hub under a Professional Services Agreement, the Platform does not provide professional advice.

The Platform does not provide legal, engineering, architectural, building surveying, planning, financial, taxation, accounting, insurance, project management, quantity surveying or other regulated professional advice. All decisions regarding Your Project remain solely Your responsibility, including selecting builders and consultants, entering contracts, approving variations, making payments and resolving disputes.

You acknowledge that My Build Hub is a decision-support platform designed to assist Users to organise Project information, understand residential construction processes and make more informed decisions.

The Platform does not make decisions on behalf of Users, replace professional judgement or assume responsibility for any Project decision.

All decisions relating to the planning, procurement, management, construction and completion of a Project remain solely the responsibility of the User.

12. AI SERVICES

The Platform may provide AI-assisted functionality including automated responses, document summaries, recommendations, workflow assistance, budgeting assistance and project guidance.

AI-generated outputs are probabilistic and may contain inaccuracies, omissions or outdated information.

Users must independently verify all AI-generated information before relying upon it.

My Build Hub makes no warranty regarding the accuracy, completeness, reliability or suitability of AI-generated outputs.

13. CALCULATORS, CHECKLISTS & TEMPLATES

Any calculators, checklists, templates or workflows are provided as guides only. Calculations are estimates and Users remain responsible for verifying all outputs before relying upon them.

14. MILESTONE TRACKING

Project milestones displayed by the Platform are indicative only and do not certify completion, authorise payments or replace contractual programmes or professional certification.

15. CONSULTANT HUB

The Platform may facilitate introductions to independent Consultants.

Unless expressly agreed otherwise, Consultants are not employees, agents or authorised representatives of My Build Hub.

Any engagement between a User and a Consultant is a separate contractual relationship. Consultants remain solely responsible for their own advice and professional obligations. Listing a Consultant on the Platform does not constitute endorsement or guarantee.

Each Consultant is responsible for maintaining all licences, registrations, qualifications, certifications and professional indemnity insurance required for the services they provide.

My Build Hub does not verify the continuing validity of those licences or insurance policies and Users should undertake their own due diligence before engaging a Consultant.

16. PROFESSIONAL SERVICES

Professional Services offered by My Build Hub are separate from the Platform and are governed by separate Professional Services Terms and Conditions together with any applicable Engagement Letter.

To the extent of any inconsistency, those terms prevail for the relevant engagement.

17. THIRD-PARTY INFORMATION

The Platform may contain information supplied by third parties. My Build Hub does not warrant that third-party information is accurate, complete, current or suitable for Your Project. Users should independently verify all such information.

18. PROJECT RISK

Construction involves inherent risks including cost overruns, delays, latent conditions, material shortages, builder insolvency, design errors, approval delays, defective workmanship and contractual disputes.

Use of the Platform does not eliminate these risks and construction outcomes remain subject to factors beyond the control of My Build Hub.

19. USER OBLIGATIONS

You must use the Platform lawfully, honestly and in accordance with these Terms. You must provide accurate information, keep your account details current, comply with all applicable laws, and ensure that any documents or information uploaded to the Platform do not infringe the rights of any third party.

You remain solely responsible for all decisions made in connection with your Project.

20. USER CONTENT

You retain ownership of documents, photographs, plans and other material you upload to the Platform ('User Content').

By uploading User Content, you grant My Build Hub a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce and display that content solely for the purpose of operating, maintaining, improving and supporting the Platform.

You warrant that you have all necessary rights to upload the User Content.

21. DOCUMENT STORAGE

The Platform may provide document storage and organisation features. While My Build Hub uses reasonable measures to protect stored information, Users remain responsible for maintaining their own backup copies of important documents.

The Platform should not be relied upon as the sole repository of critical records.

22. COMMUNICATIONS

You consent to receiving service-related communications electronically, including by email, SMS, in-platform notifications or other electronic means. Marketing communications will be provided in accordance with applicable law and may be unsubscribed from where required.

23. SUBSCRIPTIONS

23.1 Subscription

Access to some Platform features requires a paid Subscription. Subscription levels, inclusions and pricing may vary from time to time.

Subscriptions commence on payment and continue until cancelled or terminated in accordance with these Terms.

23.2 Changes to Subscription Fees

My Build Hub may change Subscription Fees from time to time.

Where a change affects an existing paid Subscription, My Build Hub will provide at least thirty (30) days’ notice before the revised Fees apply.

Users who do not agree to the revised Fees may cancel their Subscription before the new pricing takes effect.

23.3 Free Trials

My Build Hub may offer free trials, introductory offers or promotional access to the Platform.

Unless otherwise stated, access automatically converts to a paid Subscription at the conclusion of the trial period unless cancelled beforehand.

24. PAYMENTS

All Fees are payable in Australian Dollars (AUD) and are inclusive of GST unless expressly stated otherwise.

Payment must be made using the payment methods made available through the Platform. My Build Hub may use third-party payment processors (including Stripe or equivalent providers), and Users agree to comply with any applicable payment processing terms.

Failure to pay Fees when due may result in suspension or termination of access to the Platform.

Where recurring billing applies, you authorise My Build Hub or its payment processor to charge the nominated payment method at each renewal date.

Failure to pay Fees may result in suspension or termination of Platform access.

25. REFUNDS

Unless required by Australian Consumer Law or otherwise agreed in writing, Subscription Fees are non-refundable. Nothing in these Terms limits any rights that cannot lawfully be excluded under the Australian Consumer Law.

26. ACCEPTABLE USE

You must not use the Platform to engage in unlawful, fraudulent, abusive or misleading conduct; upload malicious software; interfere with Platform security; attempt unauthorised access; scrape or harvest data; or use the Platform in any way that could damage its operation or reputation.

My Build Hub may suspend accounts that breach this section.

27. INTELLECTUAL PROPERTY

All Intellectual Property Rights in the Platform, including software, branding, databases, workflows, templates, text, graphics and underlying technology, remain the exclusive property of Pembridge Pty Ltd or its licensors.

Except for the limited licence granted under these Terms, no Intellectual Property Rights are transferred to Users. You must not copy, reproduce, modify, distribute or commercially exploit any part of the Platform without prior written consent.

28. PRIVACY AND PERSONAL INFORMATION

28.1 Privacy framework

My Build Hub will collect, hold, use and disclose Personal Information in accordance with applicable privacy laws and the My Build Hub Privacy Policy, as amended from time to time. The Privacy Policy forms part of the broader framework governing Your use of the Platform but does not reduce any obligation imposed on My Build Hub by law.

28.2 Information You provide

You acknowledge that use of the Platform may involve providing Personal Information about You, members of Your household, builders, consultants, contractors, suppliers and other Project participants. You must only provide Personal Information where You are authorised to do so and where its provision is reasonably necessary for Your use of the Platform or management of Your Project.

28.3 Permitted use

Subject to applicable law and the Privacy Policy, My Build Hub may use Personal Information to:

• create and administer Accounts;
• provide and improve Platform functionality;
• process payments and manage Subscriptions;
• deliver support, security alerts and service communications;
• facilitate introductions or transactions requested by Users;
• detect fraud, misuse, cyber threats or unlawful activity;
• analyse Platform performance and usage trends; and
• comply with legal, regulatory, insurance and record-keeping obligations.

28.4 Sensitive and unnecessary information

You must not upload health information, identity documents, financial account credentials, government identifiers or other sensitive information unless the relevant Platform feature expressly requests it and You are satisfied that the upload is necessary. My Build Hub may remove or restrict access to information that it reasonably considers unnecessary, unsafe or inappropriate for storage on the Platform.

28.5 Privacy enquiries

Privacy enquiries, access requests and correction requests must be made using the contact details published in the Privacy Policy. My Build Hub may require reasonable verification of identity before responding.

29. THIRD-PARTY SERVICES AND INTEGRATIONS

29.1 Third-party services

The Platform may rely on or connect with third-party products and services, including cloud hosting, identity verification, payment processing, communications, analytics, document storage, mapping, artificial intelligence and professional service marketplaces.

29.2 Separate third-party terms

Your use of a third-party product or service may be subject to that provider’s separate terms, privacy policy, fees, availability and technical requirements. My Build Hub is not responsible for third-party terms and does not control the acts or omissions of third-party providers.

29.3 No guarantee of continuity

My Build Hub does not guarantee that any integration or third-party service will remain available, compatible or unchanged. An integration may be modified, suspended or discontinued where the relevant provider changes its service, commercial terms, technical interface, security requirements or legal position.

29.4 External links

Links to external websites or resources are provided for convenience only. Their inclusion does not constitute endorsement, certification or approval. You access external websites at Your own risk.

30. PLATFORM AVAILABILITY AND CHANGES

30.1 Availability

My Build Hub will use reasonable commercial efforts to make the Platform available, but does not guarantee uninterrupted, error-free or continuous access. The Platform may be unavailable because of maintenance, upgrades, outages, network failures, cyber incidents, third-party failures, demand spikes, force majeure events or other causes beyond reasonable control.

30.2 Maintenance

My Build Hub may perform scheduled or emergency maintenance. Where reasonably practicable, notice of material scheduled maintenance will be provided through the Platform, by email or by another reasonable method.

30.3 Feature changes

My Build Hub may add, modify, replace, limit or discontinue Platform features where reasonably necessary for product development, security, legal compliance, supplier changes or commercial operation. My Build Hub will not materially reduce a paid Subscription without reasonable notice, except where an urgent change is required for security, legal compliance or third-party dependency reasons.

30.4 Beta and preview features

Features described as beta, pilot, preview, trial or early access may be incomplete, unstable or subject to additional restrictions. They may be changed or withdrawn at any time and should not be relied upon for critical Project decisions or record-keeping.

31. SECURITY

31.1 Security measures

My Build Hub will maintain reasonable administrative, technical and organisational safeguards appropriate to the nature of the Platform and information processed. However, no system, network or storage environment can be guaranteed to be completely secure.

31.2 User security obligations

You must take reasonable precautions to protect Your devices, Accounts and information, including by using strong passwords, enabling multi-factor authentication where available, maintaining current software and promptly reporting suspected unauthorised access.

31.3 Security incidents

Where My Build Hub becomes aware of a security incident affecting information for which it is responsible, it will investigate and respond in accordance with applicable law. Notice will be provided where legally required or where My Build Hub reasonably considers notice appropriate to reduce harm.

31.4 Prohibited security activity

You must not test, scan, probe or attempt to defeat Platform security without prior written authorisation. Responsible disclosure of a suspected vulnerability must be made through the security contact method published by My Build Hub.

32. BACKUPS, RETENTION AND DATA EXPORT

32.1 Backups

My Build Hub may maintain operational backups for continuity and recovery purposes. Backups are not a substitute for Your own copies of critical Project documents and may not allow restoration of individual files, folders, messages or historical versions.

32.2 User responsibility

You must keep independent copies of contracts, approvals, drawings, payment records, variation records, certificates, warranties and other important Project information. You must not rely on the Platform as the sole legal, contractual or archival record of Your Project.

32.3 Retention after termination

Following cancellation or termination, access to Account information and User Content may cease. Subject to applicable law and the Privacy Policy, My Build Hub may delete or de-identify information after a reasonable retention period. Residual copies may remain temporarily in backups, logs or archives until overwritten or deleted through ordinary processes.

32.4 Export

Where export functionality is available, You are responsible for exporting required information before Your Subscription ends. My Build Hub does not guarantee that exports will preserve all formatting, metadata, links, audit history or third-party information.

33. WARRANTIES AND DISCLAIMERS

33.1 Non-excludable rights

Nothing in this section excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

33.2 Platform supplied as available

Subject to section 33.1, the Platform and all Platform Content are supplied on an “as available” basis. To the maximum extent permitted by law, My Build Hub does not warrant that the Platform will be uninterrupted, free from defects, compatible with every device, or suitable for every Project, location, contract or legal jurisdiction.

33.3 No outcome warranty

My Build Hub does not warrant or guarantee that use of the Platform will:

• prevent cost overruns, delays, defects, disputes or insolvency;
• produce regulatory approval, finance approval or insurance cover;
• identify every risk, omission, inconsistency or contractual issue;
• ensure a builder, consultant or supplier performs its obligations; or
• result in any particular financial, construction or Project outcome.

33.4 User representations

You represent and warrant that information You provide is accurate to the best of Your knowledge, that You are entitled to upload all User Content, and that Your use of the Platform will comply with these Terms and Applicable Law.

34. SUSPENSION AND RESTRICTION

34.1 Grounds for suspension

My Build Hub may immediately suspend, restrict or disable access to all or part of the Platform where it reasonably believes this is necessary to:

• respond to a security risk or suspected unauthorised access;
• prevent fraud, unlawful conduct, misuse or harm;
• protect Users, Consultants, third parties or Platform integrity;
• address non-payment of Fees;
• comply with law, court order, regulator direction or insurer requirement;
• investigate a suspected breach of these Terms; or
• manage a material technical, operational or third-party service issue.

34.2 Notice and restoration

Where reasonably practicable, My Build Hub will provide notice of suspension and the steps required to restore access. Notice may be delayed or withheld where disclosure could compromise security, an investigation or legal compliance.

34.3 Effect of suspension

During suspension, You may be unable to access Platform features or User Content. Suspension does not relieve You of payment obligations already incurred and does not prevent My Build Hub from exercising other rights under these Terms.

35. TERMINATION AND CANCELLATION

35.1 Cancellation by You

You may cancel a Subscription using the cancellation method made available through the Platform or by contacting My Build Hub. Unless otherwise stated at the time of purchase, cancellation takes effect at the end of the current paid billing period and does not entitle You to a refund for unused time, except where required by law.

35.2 Termination by My Build Hub

My Build Hub may terminate Your Account or Subscription by written or electronic notice where You materially breach these Terms and fail to remedy the breach within a reasonable period specified in the notice, or immediately where the breach is incapable of remedy, involves fraud or unlawful conduct, creates a material security or safety risk, or exposes My Build Hub or another person to material liability.

35.3 Discontinuation of the Platform

My Build Hub may discontinue the Platform or a paid Subscription offering on reasonable notice. Where a prepaid paid service is discontinued before the end of the paid period for reasons unrelated to Your breach, My Build Hub will provide a pro-rata refund or reasonable equivalent remedy, subject to Applicable Law.

35.4 Consequences of termination

On termination or expiry:

• Your licence to access and use the Platform ends;
• You must cease representing that You are an active Platform user where that representation would be misleading;
• outstanding Fees become immediately payable;
• My Build Hub may restrict or remove access to User Content in accordance with section 32; and
• provisions intended by their nature to survive termination continue, including provisions relating to intellectual property, confidentiality, disclaimers, liability, indemnity, disputes and accrued rights.

35.5 No effect on separate professional engagement

Termination of the Platform Account does not automatically terminate a separate Professional Services engagement or Consultant engagement. Those engagements remain governed by their separate terms unless ended in accordance with those terms.

36. LIMITATION OF LIABILITY

36.1 Platform Services

To the maximum extent permitted by law, My Build Hub excludes all liability arising from or in connection with:

• use of the Platform;
• reliance on Platform Content;
• AI-generated outputs;
• third-party information;
• Consultant engagements;
• User Content;
• Project decisions; and
• construction outcomes.

36.2 No Liability for Project Outcomes

My Build Hub does not warrant or guarantee:

• successful completion of a Project;
• construction quality;
• builder performance;
• compliance with legislation;
• cost savings;
• completion dates;
• approval outcomes;
• dispute avoidance; or
• financial outcomes.

36.3 Indirect Loss

To the fullest extent permitted by law, My Build Hub is not liable for any indirect, consequential, incidental, special, exemplary or punitive damages, including:

• loss of profits;
• loss of revenue;
• loss of opportunity;
• business interruption;
• reputational damage;
• loss of data; or
• increased construction costs.

36.4 Liability Cap

Subject to Australian Consumer Law, My Build Hub’s aggregate liability arising from the Platform shall not exceed the total Subscription Fees paid by the User during the twelve (12) months immediately preceding the event giving rise to the claim.

37. AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or other protection that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation.

Where My Build Hub is entitled to limit its liability under the Australian Consumer Law, its liability is limited to one or more of the following (at its election):

• supplying the services again; or
• paying the cost of having the services supplied again.

38. INDEMNITY

You indemnify and hold harmless Pembridge Pty Ltd, its directors, officers, employees and contractors from any claim, loss, liability, damage, cost or expense arising from:

• your breach of these Terms;
• misuse of the Platform;
• infringement of third-party rights;
• unlawful conduct;
• information uploaded by you;
• decisions made in connection with your Project.

This indemnity survives termination.

39. CONFIDENTIALITY

Each party must keep confidential any confidential information obtained through the Platform except where disclosure is:

• required by law;
• authorised by the other party; or
• reasonably necessary to enforce legal rights.

40. DISPUTE RESOLUTION

Before commencing court proceedings, the parties agree to:

• notify the other party in writing of the dispute;
• attempt to resolve the dispute through good faith negotiations;
• if unresolved within twenty-one (21) days, refer the dispute to mediation in New South Wales.

Nothing prevents a party from seeking urgent interlocutory relief.

41. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

Each party submits to the exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

42. GENERAL

Entire Agreement

These Terms constitute the entire agreement relating to the Platform.

Severability

If any provision is held invalid, the remaining provisions continue in full force.

Waiver

Failure to enforce any provision is not a waiver.

Assignment

Users may not assign their rights without My Build Hub’s written consent.

My Build Hub may assign these Terms in connection with a corporate restructure or sale of the business.

Force Majeure

Neither party is liable for delay caused by events beyond its reasonable control.

Survival

The following clauses survive termination:

• Intellectual Property
• Confidentiality
• Liability
• Indemnity
• Dispute Resolution
• Governing Law

SCHEDULE 1 – ACCEPTABLE USE POLICY

Users must not:

• use the Platform unlawfully;
• upload malicious software;
• interfere with Platform security;
• attempt unauthorised access;
• scrape Platform data;
• impersonate another person;
• upload unlawful or infringing material;
• use the Platform to harass others;
• overload or disrupt Platform infrastructure.

My Build Hub may suspend or terminate access for breaches of this Schedule.

SCHEDULE 2 – AI SERVICES TERMS

Users acknowledge that:

• AI outputs are generated automatically;
• AI may produce inaccurate or incomplete information;
• AI responses are informational only;
• AI does not provide professional advice;
• Users remain responsible for verifying all AI outputs;
• My Build Hub may modify or withdraw AI functionality at any time.

SCHEDULE 3 – CONSULTANT HUB TERMS

Where Users engage Consultants through the Platform:

• Consultants are independent professionals.
• My Build Hub is not responsible for Consultant advice.
• Consultant engagements form separate contracts between the User and Consultant.
• Consultant fees, insurance, licensing and professional obligations remain the Consultant’s responsibility unless expressly agreed otherwise.
• Users should undertake their own due diligence before engaging any Consultant.
• Consultants are responsible for maintaining any licences and professional indemnity insurance required for the services they provide.