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Terms of Service

Version 2.5  |  Effective: 14 August 2026

BLDESY PTY LTD  |  ABN: 11 698 416 705  |  ACN: 698 416 705  |  Sydney, New South Wales, Australia

Important Notice

BLDESY! is a technology platform that introduces homeowners and businesses to independent trade professionals. BLDESY! does not perform, supervise, employ, manage, endorse, or guarantee any work, builder, or trade service offered through the Platform. All communications, agreements, payments, site visits, and work occur directly between users and are entirely at their own risk. Please read Sections 4, 11, 12, and 13 carefully before using the Services. By creating an account and ticking the acceptance box at signup, you enter into a binding agreement with BLDESY PTY LTD (ABN 11 698 416 705, ACN 698 416 705) on these Terms.

Table of Contents

  1. 1. Acceptance of Terms
  2. 2. Eligibility
  3. 3. User Accounts
  4. 4. Platform Role: BLDESY! Is a Connector Only
  5. 5. Acceptable Use
  6. 6. User Content, Reviews, and Verification
  7. 7. Builder Subscriptions, Fees, and Refunds
  8. 8. Intellectual Property
  9. 9. Privacy and Data Protection
  10. 10. Third-Party Services, Links, and Content
  11. 11. Disclaimers and No Warranties
  12. 12. Assumption of Risk and Release
  13. 13. Limitation of Liability
  14. 14. Indemnification
  15. 15. Disputes Between Users
  16. 16. Suspension and Termination
  17. 17. Force Majeure
  18. 18. Modifications to the Services
  19. 19. Electronic Communications and Signatures
  20. 20. Notices
  21. 21. Assignment
  22. 22. Governing Law and Jurisdiction
  23. 23. Severability
  24. 24. No Waiver
  25. 25. Entire Agreement
  26. 26. Interpretation
  27. Annex A — Signup Acceptance and In-Flow Disclaimers

Introduction

Welcome to BLDESY! (“BLDESY!”, “we”, “us”, “our”, or the “Platform”), operated by BLDESY PTY LTD (ABN 11 698 416 705, ACN 698 416 705), an Australian proprietary company based in New South Wales, Australia. These Terms of Service (“Terms”) govern your access to and use of the BLDESY! website, mobile application, and related services (collectively, the “Services”). By creating an account, ticking the acceptance box at signup, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Acceptance of Terms

1.1 Binding agreement. By creating an account on BLDESY!, ticking the acceptance box at signup, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Your acceptance is recorded electronically together with the date, time, IP address, and version of these Terms in force at the time of acceptance, and that record will be admissible as evidence of your agreement.

1.2 Material changes. We may amend these Terms from time to time. For non-material changes (such as typographical corrections or clarifications), we will update the “Effective Date” and your continued use of the Services constitutes acceptance. For material changes (including any changes to liability, fees, payment, data handling, or user rights), we will give you at least 30 days' prior notice by email and through a prominent notice on the Platform, and where required by law or where we consider it appropriate, we will require you to expressly re-accept the updated Terms before continuing to use the Services. If you do not accept the updated Terms, you may terminate your account in accordance with Section 16.

1.3 Versioning. Each version of these Terms is identified by a version number and effective date. We retain a copy of each version. You may request a copy of the version you accepted at any time by contacting us at hello@bldesy.com.au.

2. Eligibility

2.1 General requirements. You must be at least 18 years of age and have the legal capacity to enter into a binding contract under Australian law to use the Services. By using the Services, you represent and warrant that you meet these requirements. If we discover or reasonably suspect that you are under 18, we will suspend or terminate your account and may delete your data in accordance with our Privacy Policy.

2.2 Business authority. If you use the Services on behalf of a business, partnership, trust, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” include that entity.

2.3 Builder representations and warranties. If you register or operate as a trade professional on the Platform (a “Builder”), you additionally represent and warrant on a continuing basis that, for as long as your account remains active:

  • you hold a valid Australian Business Number (ABN) for the business operating under your profile;
  • you hold all licences, registrations, certifications, and authorisations required by law to lawfully perform the trade services advertised or offered through your profile in every jurisdiction in which you offer or perform work, including (where applicable in New South Wales) under the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), the Electricity (Consumer Safety) Act 2004 (NSW), the Gas Supply Act 1996 (NSW), and the Plumbing and Drainage Act 2011 (NSW);
  • all information you provide about your business, qualifications, experience, credentials, services, pricing, and availability is accurate, current, complete, and not misleading or deceptive in contravention of the Australian Consumer Law;
  • you will comply with all applicable laws and codes of conduct in relation to any work you quote for, accept, or perform, including consumer protection laws, work health and safety laws, tax laws, anti-discrimination laws, and (where applicable in New South Wales) the requirement to provide a written contract for residential building work over the threshold prescribed by the Home Building Act 1989 (NSW);
  • you will not subcontract, transfer, or share access to your account with any person who does not themselves meet the requirements of this clause; and
  • you will notify us within 7 days if any of the above representations becomes untrue, including if any of your licences are suspended, cancelled, conditioned, or expire.

2.4 Identity. You must not create an account using a false identity, another person's identity, or a business name or ABN that you are not authorised to use. We may require identity verification at any time, and may suspend or terminate accounts where verification fails or where we reasonably suspect identity fraud.

2.5 Threshold-licensed trade work. If you offer or perform work in a trade that the law of the state or territory in which you perform the work only requires a contractor licence for above a prescribed dollar threshold (in New South Wales, currently $5,000 in labour and materials, including GST, under the Home Building Act 1989 (NSW) — see the list of threshold-licensed trades maintained in-product), and you do not hold a licence verified by BLDESY for that trade, you represent and warrant that you will only accept, quote for, and perform work in that trade that falls within the applicable licence-exempt threshold, and that you will not accept, quote for, or perform work above that threshold in that trade unless and until you hold, and have provided BLDESY with, a verified licence for it. As set out in clause 4, BLDESY operates solely as a technology platform that connects Builders and Homeowners; BLDESY is not a party to, and assumes no responsibility for, any work performed, any determination by a Builder as to whether particular work falls within a licence-exempt threshold, or any consequence of a Builder's non-compliance with this clause or with applicable licensing law. Misrepresenting your licensing status, or the scope, nature, or value of work you accept or perform, is a material breach of these Terms and may result in immediate suspension or termination of your account under clause 16, in addition to any other remedy available to BLDESY or to any other person at law.

3. User Accounts

3.1 Account creation. To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for everything that happens through your account.

3.2 Security. You are responsible for maintaining the confidentiality of your account credentials. You must not share your password, allow others to access your account, or use another user's account without their permission. You must notify us immediately at hello@bldesy.com.au of any unauthorised access to or use of your account or any other breach of security.

3.3 Suspension and termination. We may suspend, restrict, or terminate access to any account that we reasonably believe (in our sole discretion): violates these Terms; is fraudulent, abusive, or unlawful; poses a risk to other users or to the Platform; or has been inactive for an extended period. Where reasonably practicable, we will give notice and an opportunity to remedy, but we may act without notice where we consider immediate action is necessary.

4. Platform Role: BLDESY! Is a Connector Only

4.1 What BLDESY! is. BLDESY! operates solely as a technology platform that introduces homeowners and businesses (“Homeowners”) to independent trade professionals (“Builders”). BLDESY! is not a building, construction, trade, or contracting business and does not hold itself out as one.

4.2 What BLDESY! is not. By using the Services, you acknowledge and agree that BLDESY! is not, and will not be deemed to be:

  • a party to any contract, quote, communication, agreement, dealing, or transaction between users;
  • the employer, agent, partner, joint venturer, principal, representative, broker, contractor, subcontractor, or fiduciary of any user, Builder, or Homeowner;
  • a person who recommends, endorses, vouches for, supervises, controls, directs, manages, or guarantees any user, Builder, quote, work, advice, materials, or outcome;
  • responsible for the manner, means, or result of any work performed by any Builder;
  • required to be present, involved, or to mediate in any user-to-user interaction.

4.3 Off-platform interactions. All communications, meetings, site visits, quotes, payments, agreements, and work occur directly between users and outside the Platform. You are solely responsible for taking your own precautions, performing your own due diligence, entering into your own written agreements with any user you choose to engage, and obtaining your own legal, financial, insurance, and professional advice.

4.4 In-person interactions and trade work. Your decision to communicate with, meet, hire, engage, pay, or do business with any other user is entirely your own. You assume all risks arising from your interactions with other users, including but not limited to: physical meetings; site visits; the performance, non-performance, partial performance, defective performance, or delayed performance of trade work; the quality, safety, legality, suitability, timeliness, or outcome of any work, advice, or materials; payment disputes; property damage; theft; personal injury; illness; death; emotional distress; financial loss; and any other consequence.

4.5 No screening guarantee. While BLDESY! may collect ABN, licence, identity, or other information from Builders and may display verification badges or trust signals, any checks we perform are limited, automated where possible, non-exhaustive, and may rely on third-party data that can be incomplete, out of date, or inaccurate. We do not conduct comprehensive background checks, criminal-record checks, ongoing licence-status monitoring, financial-stability checks, reference checks, or skill assessments. A verification badge, licence indicator, or similar trust signal is not an endorsement, warranty, or guarantee of any user's identity, qualifications, competence, conduct, character, safety, financial position, or ability to perform any work.

You are solely responsible for independently confirming, before engaging any Builder, that the Builder is appropriately licensed, qualified, and suitable for your job, and for verifying any Homeowner before performing work. We strongly encourage you to verify licences through the relevant state authority (in New South Wales, NSW Fair Trading; in Queensland, the QBCC) and to obtain a written contract.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. Without limiting any other obligation, you must not:

  • use the Platform to engage in any fraudulent, misleading, deceptive, dishonest, or unconscionable conduct, including conduct that would breach the Australian Consumer Law;
  • post false, inaccurate, exaggerated, or misleading information about yourself, your qualifications, your business, your work, or any other user;
  • post, solicit, exchange, purchase, sell, or incentivise reviews that are fake, paid, traded, coerced, or otherwise not a genuine reflection of an actual experience, or attempt to manipulate ratings, rankings, or visibility on the Platform;
  • harass, abuse, threaten, intimidate, defame, vilify, stalk, or harm any other user, BLDESY! staff, or third party;
  • discriminate against any user on the basis of a protected attribute under any applicable anti-discrimination law;
  • attempt to gain unauthorised access to any part of the Services, other users' accounts, or any underlying systems, networks, or data;
  • use automated systems (bots, scrapers, crawlers, data-harvesting tools) to access, copy, or extract data from the Platform without our prior written permission, other than well-behaved search engine crawlers operating in accordance with our robots.txt;
  • interfere with, disrupt, overload, or impair the integrity, security, or performance of the Services or the experience of other users;
  • circumvent the Platform to avoid subscription fees, including by knowingly soliciting another user off-platform with the purpose of avoiding fees, or by establishing duplicate or shell accounts;
  • upload or transmit any material that is unlawful, infringing, defamatory, obscene, indecent, threatening, harassing, sexually explicit, or that contains malware or other harmful code;
  • use the Services to send unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth);
  • violate any applicable Australian federal, state, or territory law, regulation, code, or ruling, or any law applicable in any other jurisdiction from which you access the Services.

We may investigate and take any action we consider appropriate in response to suspected breaches, including warning, restricting, suspending, or terminating accounts, removing content, charging reasonable investigation costs, and reporting suspected criminal conduct to law enforcement. Nothing in this clause obliges us to monitor user conduct.

6. User Content, Reviews, and Verification

6.1 User Content. The Platform may display content submitted by users, including profiles, business names, qualifications, photos, descriptions, quotes, ratings, and reviews (“User Content”). BLDESY! does not pre-screen, verify, edit, fact-check, or endorse User Content and is not responsible for its accuracy, completeness, honesty, lawfulness, or quality. Opinions and statements made by users are theirs alone and do not reflect the views of BLDESY!.

6.2 Reviews. Reviews are the personal opinions of the reviewer based on their dealings with the relevant user. BLDESY! does not warrant that any review is accurate, balanced, representative, or fair. Reviewers must base reviews on genuine first-hand experience, must not make statements they know to be false, and must comply with all applicable laws including defamation law and the Australian Consumer Law.

6.3 Review dispute and takedown procedure. If you believe that a review or other User Content about you or your business is defamatory, contains false statements of fact, breaches these Terms, infringes a right, or is otherwise unlawful, you may submit a written notice to hello@bldesy.com.au containing:

  • your full name, business name, and contact details;
  • a copy or clear identification of the content complained about (URL, screenshot, or quote);
  • a clear statement of the specific basis on which you say the content is defamatory, false, unlawful, or in breach of these Terms;
  • any supporting evidence (for example, evidence that the reviewer was not in fact a customer); and
  • your statement that the information in your notice is true and correct to the best of your knowledge.

We will acknowledge a complete notice within a reasonable time and will assess it in good faith. We may, at our discretion: (a) remove or hide the content while the matter is investigated; (b) contact the reviewer for a response; (c) require the parties to resolve the dispute directly; (d) decline to remove the content where we are not satisfied it is defamatory, false, or unlawful; or (e) take any other action we consider appropriate. Where applicable, we may treat your notice as a concerns notice or similar communication for the purposes of the Defamation Act 2005 (NSW). Our acting (or not acting) on a notice is voluntary, without admission of liability or responsibility, and does not waive any right or defence available to us, including the defence of innocent dissemination.

6.4 Removal at our discretion. We may, but are not required to, remove, hide, or restrict any User Content that we reasonably believe is unlawful, abusive, defamatory, fraudulent, infringing, deceptive, off-topic, or in breach of these Terms, with or without notice.

6.5 Verification badges. Verification badges, licence indicators, identity indicators, or similar trust signals reflect information supplied by users or sourced from third parties at a particular point in time. They are not warranties or guarantees, can become out of date, and must not be relied upon as a substitute for your own due diligence. You must not display, replicate, or imply any verification status that we have not granted to your account.

6.6 Identity-verification consent. Where you submit an Australian Business Number, a trade or contractor licence number, a White Card, an insurance certificate, or a government-issued identity document (driver's licence or passport) for verification, you warrant that: (a) the document or number relates to you personally or to a business you are authorised to represent; (b) you have the right to submit it and to authorise the verification activities described in this clause; and (c) any name, date, image, or other information shown on the document is accurate at the time of submission. You consent to BLDESY! verifying the information against official Australian government and industry sources (including the Australian Business Register, NSW Fair Trading, NSW SafeWork, and the QBCC register), to BLDESY! using artificial-intelligence optical character recognition (OCR) to extract text from uploaded document images (including by sending the images to third-party AI processors as described in our Privacy Policy), and to BLDESY! running structured tamper-evidence checks where supported by the document (for example, PDF417 barcode decoding on Australian driver's licences and ICAO MRZ checksum validation on passports). Submitting a document that is not yours, that has been altered, or that contains information you know to be false is a breach of these Terms and may result in account suspension, termination, refusal of verification badges, and (where appropriate) referral to law enforcement.

6.7 Verification outcomes. Verification is automated and depends on the responses returned by official Australian sources and on AI extraction of submitted images. We do not guarantee that any particular submission will pass verification, that verification will be instant, or that a previously-verified status will remain valid if source registers change. We may rescind, downgrade, or re-request verification at any time where new information suggests the original verification is incorrect, out of date, or fraudulent.

6.8 Objectionable content, reporting, and blocking. We have zero tolerance for objectionable content, including harassment, hate speech, vilification or discrimination, sexual or pornographic material, content that sexualises or endangers minors, threats or incitement of violence, and other abusive or unlawful material. Filtering: we screen submitted content (including reviews, job posts, profile bios, and messages) for objectionable language before it is published and reject content that fails. Reporting: every builder profile, review, job post, and message in our app includes a Report control; you can also report content by emailing hello@bldesy.com.au. We review every report and action it within a reasonable time. Blocking: you may block any other user at any time, which hides their reviews from you and prevents them from contacting you; you can manage your block list in the app under Settings > Blocked users. Enforcement: we remove content that breaches these Terms and may suspend or permanently ban accounts responsible for objectionable content or abusive conduct.

6.9 Notification and appeals. If we remove your content or suspend or ban your account, we will notify you of the action taken and the reason for it, where it is lawful for us to do so. You may appeal any such decision by contacting us at hello@bldesy.com.au within 28 days of being notified. Appeals are reviewed by a human, and we will advise you of the outcome.

7. Builder Subscriptions, Fees, and Refunds

7.1 Subscription model. Builders who wish to be listed on BLDESY! must subscribe to a paid plan. Subscription fees are charged at the rate disclosed at the time you subscribe. BLDESY! operates on a flat monthly (or, where offered, annual) subscription model with no per-lead fees and no commission on jobs. A subscription provides access to leads, profile listing, and Platform features only; it is not a guarantee of work, leads, contacts, conversions, or revenue.

7.2 Automatic renewal. Subscriptions automatically renew at the end of each billing period for a further period of the same length, at the then-current price disclosed to you (subject to clause 7.8 for rates locked under the Founding Tradie Offer), unless cancelled in accordance with clause 7.4 before the renewal date. We will send a reminder email to your account email address before each renewal (at least 7 days before for monthly plans and at least 14 days before for annual plans), setting out the renewal date, the amount that will be charged, and how to cancel.

7.3 Price changes. Subject to clause 7.8, we may change subscription pricing by giving you at least 30 days' prior notice by email to your account email address. Any change will take effect from the start of your next billing period after the notice period ends. The price for any billing period that has already commenced will not change. If you do not accept the new price, you may cancel under clause 7.4 before it takes effect.

7.4 Cancellation. You may cancel your subscription at any time through the cancellation function in your account settings or by emailing hello@bldesy.com.au. Cancellation takes effect at the end of the current paid billing period. Your profile may be unpublished at the end of that period.

7.5 Refunds and consumer rights. Subscription fees are generally non-refundable for the current billing period unless we are required to provide a refund under the Australian Consumer Law or other applicable law. Nothing in this clause excludes, restricts, or modifies any consumer right or remedy that cannot lawfully be excluded, including the right to a refund for a major failure under the Australian Consumer Law.

7.6 Taxes and GST. Unless otherwise stated, all prices are quoted in Australian dollars and are inclusive of any applicable Goods and Services Tax (GST). We will provide a tax invoice for each payment. You are responsible for any other taxes, duties, or charges that apply to your use of the Services or to any transaction with another user, including income tax and GST on your own trade services.

7.7 Failed payments. If a payment fails, we may suspend your account features (including profile listing) until payment is received. We may retry payment in accordance with our standard payment-recovery practices.

7.8 Founding Tradie Offer. Tradie accounts created during the founding period (the first 200 tradie accounts) receive: (a) no subscription charge until three (3) qualified homeowner contacts have been received through the platform, then a 14-day grace period with a reminder before the first charge; (b) the subscription rate displayed at signup locked against price increases for as long as the subscription remains continuously active on the same tier; and (c) a permanent Founding Tradie badge. The fee-modification provisions of these Terms (including clauses 7.2 and 7.3) do not apply to rates locked under this clause.

8. Intellectual Property

8.1 Our intellectual property. All intellectual property in the Platform, including the text, graphics, logos, icons, images, audio, video, software, code, design, structure, look and feel, and the “BLDESY!” name and brand, is owned by or licensed to BLDESY! and is protected by Australian and international intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose. All other rights are reserved.

8.2 Your User Content. You retain ownership of any User Content you submit. By submitting User Content (including reviews, photos, project descriptions, and profile information), you grant BLDESY! a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, modify, adapt, publish, translate, display, perform, and distribute that User Content for the purpose of operating, providing, improving, promoting, and marketing the Services. This includes use in advertising, social media, blog posts, case studies, and other marketing materials in connection with the Services. The licence continues for as long as is reasonably necessary for those purposes, including after termination of your account.

8.3 Your warranty. You represent and warrant that you own or have all necessary rights, consents, and permissions in any User Content you submit, and that the User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party, and is not defamatory or otherwise unlawful.

8.4 Feedback. If you provide us with suggestions, feedback, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use them for any purpose without obligation to you.

9. Privacy and Data Protection

Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Services, you consent to our handling of your personal information as described in the Privacy Policy. If we suffer an eligible data breach under the Notifiable Data Breaches scheme, we will notify affected individuals and the Office of the Australian Information Commissioner as required by law.

10. Third-Party Services, Links, and Content

The Services may include or link to third-party services, websites, applications, content, advertisements, or features (“Third-Party Services”), including payment processors, mapping services, identity-verification providers, analytics providers, and government data sources. Third-Party Services are governed by their own terms and privacy policies, and your use of them is at your own risk. To the maximum extent permitted by law, BLDESY! is not responsible for, and gives no warranty in respect of, any Third-Party Service, its availability, accuracy, security, content, or any act or omission of its provider. Our inclusion of a link or integration does not constitute endorsement.

11. Disclaimers and No Warranties

11.1 “As is” basis. To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. BLDESY! and its directors, officers, employees, contractors, agents, and affiliates expressly disclaim all warranties, representations, conditions, and guarantees of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, security, and that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

11.2 Without limiting clause 11.1, BLDESY! makes no warranty, representation, or guarantee:

  • that any user, Builder, or Homeowner is who they claim to be, holds the qualifications, licences, or insurance they claim to hold, or will perform any work or pay for any work to any particular standard;
  • that any job, quote, lead, message, or introduction will result in a contract, work, payment, or any commercial outcome;
  • regarding the quality, safety, legality, suitability, timeliness, or outcome of any trade work, advice, materials, or services arranged through the Platform;
  • that the Platform will be free from defects, errors, downtime, or security incidents.

11.3 Australian Consumer Law. Nothing in this clause or these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified by agreement. To the extent that BLDESY!'s liability for breach of a non-excludable consumer guarantee may be limited, BLDESY!'s liability is limited, at our option, to: (a) supplying the relevant service again; or (b) paying the cost of having the service supplied again.

12. Assumption of Risk and Release

12.1 Assumption of risk. You expressly acknowledge and agree that your use of the Services and any dealings with other users (including but not limited to in-person meetings, site inspections, quotes, payments, and the performance or non-performance of any work) are at your sole risk.

12.2 Release. To the maximum extent permitted by law, you release, waive, and forever discharge BLDESY! and its employees, contractors, agents, and affiliates from any and all claims, demands, actions, causes of action, suits, damages, costs, losses, liabilities, and expenses (including legal costs on a solicitor-and-own-client basis) of any kind, whether known or unknown, suspected or unsuspected, arising out of or in any way connected with:

  • any interaction, communication, dispute, or transaction between you and any other user;
  • any act, omission, conduct, misrepresentation, or negligence of any other user;
  • any trade work performed, not performed, delayed, partially performed, or defectively performed by any Builder, and any consequence of that work or non-performance;
  • any property damage, personal injury, illness, death, financial loss, or emotional distress caused by or alleged to be caused by another user;
  • any User Content (including reviews, qualifications, claims, photos, or descriptions);
  • any failure of a user to honour an agreement, payment, quote, warranty, or commitment.

This release applies whether the claim arises in contract, tort (including negligence), under statute, or otherwise. Nothing in this clause excludes any liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable law, including liability for death or personal injury arising from a breach of a non-excludable consumer guarantee.

13. Limitation of Liability

13.1 Excluded loss. To the maximum extent permitted by law, in no event will BLDESY! or its employees, contractors, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, loss of goodwill, property damage, personal injury, or any other intangible loss, arising out of or in connection with your use of, or inability to use, the Services, regardless of the cause of action and even if BLDESY! has been advised of the possibility of such damages.

13.2 Liability cap. To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Services, these Terms, or any user-to-user interaction, in any 12-month period, will not exceed the greater of: (a) the total subscription fees you have paid to BLDESY! in the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred Australian dollars (AU$100).

13.3 Australian Consumer Law preserved. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where our liability for breach of a non-excludable consumer guarantee may be limited under section 64A of the Australian Consumer Law, our liability is limited, at our option, to: (a) supplying the relevant service again; or (b) paying the cost of having the service supplied again.

13.4 Allocation. The exclusions and limitations in clauses 11, 12, and 13 reflect the allocation of risk between the parties given the nature of the Services and the fees (if any) paid. You acknowledge that BLDESY! would not provide the Services on these economic terms without these exclusions and limitations.

14. Indemnification

14.1 Builder indemnity. If you use the Services as a Builder, to the maximum extent permitted by law, you indemnify and will keep indemnified BLDESY! and its employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal costs on a solicitor-and-own-client basis) arising out of or in connection with:

  • any trade work you quote for, accept, perform, fail to perform, delay, or perform defectively;
  • any personal injury, property damage, financial loss, or other harm caused or alleged to be caused by you or your representatives;
  • any breach by you of clause 2.3 (Builder representations and warranties), including any inaccurate information about your licences, qualifications, or business;
  • your User Content, including reviews, profile information, qualifications, photos, project descriptions, or claims;
  • your breach of these Terms or violation of any applicable law (including the Home Building Act 1989 (NSW), the Australian Consumer Law, and workplace health and safety laws);
  • your infringement of any third party's rights.

14.2 Homeowner indemnity. If you use the Services as a Homeowner, to the maximum extent permitted by law, you indemnify and will keep indemnified BLDESY! and its employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal costs) arising out of or in connection with:

  • your User Content, including reviews you post about Builders;
  • any breach by you of these Terms; or
  • any unlawful, fraudulent, or negligent act or omission by you in connection with your use of the Services.

This clause 14.2 does not require you to indemnify BLDESY! for liability that arises from BLDESY!'s own negligence or wilful misconduct, or for liability that cannot lawfully be imposed on a consumer under the Australian Consumer Law or other applicable law (including the unfair contract terms regime).

14.3 Conduct of claims. BLDESY! may, at your expense (where indemnification applies), assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate reasonably with our defence of such claims. You must not settle any claim that imposes any liability or obligation on BLDESY! without our prior written consent.

15. Disputes Between Users

BLDESY! is not a party to, and has no obligation to mediate, arbitrate, intervene in, investigate, or take any action in respect of, any dispute between users. If you have a dispute with another user, you agree to first attempt to resolve it directly with that user in good faith. If you cannot resolve it directly, you may have access to other avenues including (in New South Wales) NSW Fair Trading, the NSW Civil and Administrative Tribunal (NCAT), the relevant builder's insurer, the relevant industry regulator, the Office of Fair Trading in your state or territory, or a court of competent jurisdiction. Your remedies in respect of any user-to-user dispute are against that user and any applicable insurer, regulator, fair trading body, tribunal, or court – not against BLDESY!. Any assistance we voluntarily provide is without admission of liability or responsibility.

16. Suspension and Termination

16.1 Termination by you. You may terminate your account at any time by using the account-deletion function in your settings or by emailing hello@bldesy.com.au. Termination does not entitle you to a refund of any subscription fees already paid, except where required by law (including the Australian Consumer Law).

16.2 Termination or suspension by us. We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Without limiting that right, we may terminate or suspend your account immediately if you breach these Terms, engage in unlawful conduct, pose a risk to the Platform or other users, or have not used the Services for an extended period.

16.3 Effect of termination. On termination, your right to use the Services immediately ceases. We may delete or retain your account data in accordance with our Privacy Policy and applicable law. Termination does not affect any rights or obligations that have accrued before termination.

16.4 Survival. Sections of these Terms that by their nature should survive termination will survive, including (without limitation) the Introduction, clauses 1, 4, 6.2–6.5, 8, 9, 10, 11, 12, 13, 14, 15, 16.3, 16.4, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26.

17. Force Majeure

BLDESY! will not be liable for any failure or delay in performance of its obligations under these Terms to the extent that the failure or delay is caused by an event beyond our reasonable control, including (without limitation) acts of God, natural disasters, fire, flood, earthquake, severe weather, war, terrorism, civil unrest, riots, strikes or other industrial action, pandemic or epidemic, government action, changes in law, internet or telecommunications failure, cyber attack, denial-of-service attack, failure of a hosting provider, payment processor, or other third-party service provider, or any other event of force majeure. If a force majeure event continues for more than 30 days, either party may terminate the affected obligations on written notice.

18. Modifications to the Services

We may, at any time and without liability, add to, remove, alter, suspend, or discontinue any feature, function, content, or aspect of the Services, in whole or in part, with or without notice. We will use reasonable efforts to give notice of material changes that significantly reduce functionality for paying Builders. Nothing in this clause excludes a refund right where a major failure has occurred under the Australian Consumer Law.

19. Electronic Communications and Signatures

You consent to receive notices, agreements, disclosures, and other communications from us electronically, including by email to the address associated with your account, by in-app message, and by notice posted on the Platform. You agree that electronic communications satisfy any legal requirement that communications be in writing. You agree that ticking an acceptance checkbox, clicking an “I agree” or similar button, or otherwise providing electronic indication of acceptance, constitutes a valid electronic signature for the purposes of the Electronic Transactions Act 1999 (Cth) and any equivalent state or territory law.

20. Notices

Any notice required or permitted to be given by you to BLDESY! must be sent to hello@bldesy.com.au and is deemed received when we acknowledge receipt. Any notice required or permitted to be given by BLDESY! to you may be sent by email to the address associated with your account, by in-app notification, or by notice posted on the Platform, and is deemed received: (a) for email, on the day of sending unless the sender receives a bounce or delivery-failure notification; (b) for in-app or platform notice, on the day it is first displayed to you or on the day after it is posted, whichever is earlier.

21. Assignment

You may not assign, transfer, sublicense, or otherwise deal with your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or novate our rights and obligations under these Terms (including in connection with a sale, merger, reorganisation, or transfer of the BLDESY! business) without your consent, provided that the assignee agrees to be bound by these Terms. We will give reasonable notice of any such assignment.

22. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws in force in New South Wales, Australia. You and BLDESY! submit to the non-exclusive jurisdiction of the courts of New South Wales and of the courts competent to hear appeals from those courts in respect of any dispute arising from or relating to these Terms or your use of the Services. Nothing in this clause limits any right you may have, as a consumer, to bring proceedings in the courts of your home state or territory under the Australian Consumer Law.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction (or to be a contravention of any law), that provision will be read down to the minimum extent necessary to make it valid, legal, and enforceable. If it cannot be read down, it will be severed from these Terms and the remaining provisions will continue in full force and effect.

24. No Waiver

A failure or delay by BLDESY! in exercising any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver of any right, power, or remedy under these Terms must be in writing signed by us.

25. Entire Agreement

These Terms, together with the Privacy Policy and any other policies, notices, or disclosures expressly incorporated by reference (including in-flow disclaimers shown at signup, job posting, messaging, and lead acceptance), constitute the entire agreement between you and BLDESY! (BLDESY PTY LTD, ABN 11 698 416 705, ACN 698 416 705) in relation to the subject matter and supersede all prior agreements, representations, statements, and understandings, whether written or oral. Nothing in this clause excludes liability for fraudulent misrepresentation or for any non-excludable obligation under the Australian Consumer Law.

26. Interpretation

In these Terms:

  • “Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth);
  • “Builder” means a trade professional who has created an account on the Platform to be listed and offer trade services;
  • “Homeowner” means a person or business who uses the Platform to find, contact, or engage a Builder;
  • “Platform” and “Services” have the meanings given in the Introduction;
  • “User Content” has the meaning given in clause 6.1;
  • references to “including” and similar terms are not limiting;
  • headings are for convenience only and do not affect interpretation;
  • references to a statute include amendments and replacements; and
  • if there is any inconsistency between these Terms and the Privacy Policy, these Terms prevail except in relation to the handling of personal information.

Annex A — Signup Acceptance and In-Flow Disclaimers

These are the exact text strings displayed in the product. Each acceptance is logged with user ID, timestamp (UTC), IP address, user-agent string, and the version hash of the Terms in force at the time. The record is retained for the purposes of evidencing agreement under the Electronic Transactions Act 1999 (Cth).

A.1 Signup acceptance (clickwrap checkbox)

Checkbox 1 (all users):

“I am 18 or over and I have read and agree to the BLDESY Terms of Service and Privacy Policy.”

Checkbox 2 (Builders only, in addition to Checkbox 1):

“I confirm I hold a valid ABN and all licences required to perform my trade in my state, that the information on my profile is true and not misleading, and that I will comply with all applicable laws (including the Home Building Act 1989 (NSW) where relevant) when accepting and performing work.”

Checkbox 3 (Builders only, shown in addition to Checkboxes 1 and 2, only when every trade on the signup is threshold-licensed under clause 2.5 and none has a verified licence — [Trade(s)] is the actual trade or trades selected):

“I confirm I do not currently hold a verified NSW Contractor Licence for [Trade(s)], and that I will only accept and quote for work valued under $5,000 (labour and materials, including GST) for this trade/these trades, in line with NSW's Home Building Act minor trade work threshold, unless and until I provide a verified licence.”

A.2 Job posting submission

Displayed above the “Post Job” button:

“Heads up. BLDESY connects you with independent tradies – we don't perform, supervise, or guarantee any work. Always check licences and references before hiring. Get any agreement in writing. By tapping Post Job, you confirm you understand BLDESY's role as a connector only.”

A.3 First message to a Builder

Displayed before the first message is sent (one-time per Builder):

“Before you message. You're contacting an independent business, not BLDESY. We don't verify everything users say about themselves. Confirm their licence and ABN with the official registers before any work or payments.”

A.4 Builder accepts a job lead

Displayed before lead acceptance:

“You're accepting a lead, not a job. Any work, contract, and payment are between you and the customer. You're responsible for your own licensing, contracts, and compliance with the Home Building Act and all applicable laws. By tapping Accept, you confirm you can lawfully do this work.”

If you have any questions about these Terms of Service, please contact us at hello@bldesy.com.au or by writing to BLDESY!, Sydney, New South Wales, Australia.