Greenbuild Use Policy

1. DEFINITIONS

"Account Holders" means the customer using the Services offered by Greenbuild.

"Greenbuild" means the Website and its administrators.

"Services" means the provision of advertising space on the Website.

"Credit" means the advance purchase of advertising and services by Account Holders using a subscription fee.

"Subscription" means the advance purchase of a set amount of credit for advertising and services by Account Holders.

"Website" means the website Greenbuild.

2. REGISTRATION

2.1 All persons must register to become an Account Holder before they are able to use the Services.

2.2 All registrations are subject to acceptance by Greenbuild.

2.3 A registration will be deemed to be accepted when email confirmation of the registration is sent to the new Account Holder.

2.4 Greenbuild may refuse to accept, or delay for any period of time, any registration for any reason.

2.5 Once they are registered, Account Holders may advertise items and services for free, receive emails regarding Greenbuild activities and purchase a subscription providing limited credit for use on the Website.

2.6 By registering for the Services, the Account Holder acknowledges that they have read these terms and conditions and they agree to be bound by them as well as other policies and guidelines set out on the Website or as notified by Greenbuild from time to time.

2.7 If an Account Holder is a company, the Account Holder's nominated representative warrants that they have the authority to enter into this agreement. The Account Holder indemnifies Greenbuild against any unauthorised use of that account.

3. SUBSCRIPTION AND CREDIT

3.1 To use the Services, Account Holders must purchase a subscription. Credit will then be added to the account by Greenbuild to allow a maximum of 50 advertisements to be maintained over a period one (1)year. 3.2 The Account Holder’s account is held in credit until such time as the Account Holder submits and confirms advertising that has been uploaded into the Website.

3.3 When the advertising is confirmed, Credit equivalent to the cost of the advertising will be deducted from the Account Holder’s account and the advertisement will go live on the Website.

3.4 Account Holders can access their Credit Account statement detailing Credit expenditure and the amount of Credit remaining in the account by request from Greenbuild..

3.5 Account Holders will be prompted to purchase additional Credit prior to their account reaching a nil amount.

3.6 Greenbuild will not be responsible if the Account Holder fails to use the Credit they have purchased.

4. PRICES

4.1 All prices for Credit purchases are in Australian Dollars.

4.2 Greenbuild may change the prices for Services without notice and in any manner that it sees fit.

5. PAYMENT FOR SUBSCRIPTION AND CREDIT

5.1 All Subscription and credit purchases must be paid for in Australian dollars at the time of purchase by credit card, direct deposit or cheque via the Greenbuild internet based payment processing system.

5.2 If payment is made by credit card, the purchase will be credited to the Account Holder’s account immediately. If payment is made by direct deposit or cheque, Credit will not be credited to the Account Holder’s account until that payment has cleared.

5.3 Greenbuild will alert the Account Holder by email if the funds are not received within 14 days of the payment.

5.4 If any Account Holder attempts a charge back for Services knowingly purchased, Greenbuild will immediately cancel the registration of that Account Holder and any Credit that may be credited in favour of that Account Holder will be forfeited and future Services to the Account Holder will be denied. Greenbuild will pursue full legal recourse against the Account Holder to recoup any and all losses. If a charge back occurs as a result of the Account Holder’s error, a $40 fee will be imposed on top of the full charge back amount.

5.5 The Account Holder is responsible for providing Greenbuild with the proper and correct payment information. All fees incurred due to incorrect payment information are the sole responsibility of the Account Holder.

6. ADVERTISING

6.1 Account Holders may submit advertisements for inclusion on the Website. Advertisements must be for materials, products and services that are available for sale or supply by businesses, distributors, wholeslaers and retailers that are based in North Queensland as detailed by the regions search and map on the 'Search' page of Greenbuild.

6.2 Building materials and construction services advertised are to meet the standards that are set in the ‘Greenbuild Standards’ document that is provided on the website. Account holders understand that it is the expectation that products and services advertised on Greenbuild have at least one of the qualities described in each category description.

6.3 Greenbuild reserves the right to remove any inappropriate advertisements immediately without notification.

6.4 The Account Holder may edit advertisements at their discretion and Greenbuild will monitor all such edits.

6.5 If Greenbuild determines that an edit results in the introduction of a new advertisement rather than simply edits the details of an existing advertisement, Greenbuild reserves the right to remove the advertisement from the Website.

6.7 If it is determined that an Account Holder has introduced new advertisements rather than edit existing advertisements 3 times or has not spent the appropriate amount of Credit on the advertisement for the value of that advertisement 3 times, Greenbuild reserves the right to cancel the Account Holder’s registration without notification and future Services to the Account Holder will be denied.

6.8 An Account Holder may extend the advertisement for further periods by renewing the advertisement. Greenbuild will deduct further Credit from the Account Holder’s account for any such renewal.

6.9 Greenbuild has provided information on the type of advertising that is suitable and the format in which the advertising should appear. If Greenbuild determines that the advertising is not appropriate for the Website, or the description is not appropriate to the Website, Greenbuild may edit the description or remove the advertisement without notification.

6.10 An Account Holder should ensure that their advertisement is advertised in the applicable category. Greenbuild may move items to another category if it believes it to be appropriate.

6.11 The Account Holder warrants that they have authorisation and permission to display logo’s on their advertisements that represents certifications, memberships, affiliations and standards achieved with industry organisations, associations, forums, business’s and government bodies. Greenbuild reserves the right to remove the advertisements from the Website were account holders have misrepresented their authorisations or permissions.

6.12 An Account Holder must obtain the permission of Greenbuild before their advertisements on the Website are used as an endorsement in any advertising promotion or marketing undertaken by the Account Holder.

7. SOLD ITEMS AND SERVICES NO LONGER AVAILABLE.

7.1 Account Holders must remove sold items or services that are no longer available from the Website within 14 days of the item being sold or not available.

7.2 If Greenbuild determines that the item has been sold or the service is no longer available, Greenbuild reserves the right to remove the advertisements from the Website without notification.

7.3 If an Account Holder has not removed items or services within 14 days of their sale or availability on at least 5 occasions, Greenbuild may cancel the registration of the Account Holder and future Services to the Account Holder will be denied. On cancellation of registration, any Subscription and Credit held in favour of the Account Holder will be forfeited.

8. CANCELLATION OF REGISTRATION BY ACCOUNT HOLDER

8.1 The Account Holder may cancel their registration at any time.

8.2 Cancellations can be made via email to Greenbuild. Greenbuild will acknowledge the cancellation within 7 working days and will ensure that all of the Account Holder’s advertising is removed from the Website.

8.3 On cancellation of registration, any Subscription and Credit that have been credited in favour of the Account Holder will be forfeited.

9. CANCELLATION OF REGISTRATION BY GREENBUILD

9.1 The Account Holder acknowledges that a scorecard system operates on the Website.

9.2 If an Account Holder achieves a negative score in respect of 3 or more advertisements, Greenbuild may cancel the account and remove all advertising from the Website.

9.3 Greenbuild may contact the Account Holder to determine the reason for the negative score and may delay the cancellation of the account at Greenbuild’s discretion.

9.4 The following activities are specifically not allowed by Greenbuild and will result in the immediate cancellation of registration: placing of inappropriate ads, placing of ads with distasteful content, the placement of hyperlinks within ad contents that have not been cleared by Greenbuild or any sites promoting or participating in illegal activities.

9.5 Greenbuild may impose conditions as a prerequisite for continuing to service any Account Holder. Greenbuild will provide the Account Holder with reasonable notice of any such intent to impose conditions unless such notice is not reasonable in the circumstances.

9.6 If Greenbuild cancels the registration of an Account Holder, Greenbuild will remove all of the Account Holder’s advertising from the Website and future Services to the Account Holder will be denied.

9.7 On cancellation of registration, any Subscription and Credit held in favour of the Account Holder will be forfeited.

10. REFUNDS OF CREDIT PURCHASES

10.1 Greenbuild is not required to refund Subscription and Credit purchases under any circumstances although will consider any situation on a case by case basis. If an Account Holder believes that their case warrants a refund, it should be submitted to Greenbuild for consideration. Any refunds of Credit purchases are at the discretion of Greenbuild.

10.2 Greenbuild may elect to reinstate Credit to an Account Holder’s account for future in lieu of a refund of the purchase money.

11. PROVISION OF SERVICES

11.1 Greenbuild will use its best endeavours to maintain an acceptable level of Services. Greenbuild provides backup Services, and makes every effort to ensure its Services are always available. However, the Account Holder acknowledges that the Services may be delayed or unavailable due to site or network maintenance and circumstances beyond the control of Greenbuild.

11.2 The onus is the Account Holder to determine whether or not the Services are suitable for that Account Holder’s purposes and Greenbuild makes no warranties in this regard.

11.3 Greenbuild cannot guarantee continuous Service, Service at any particular time, or the integrity of data stored or transmitted via its system or via the internet. Greenbuild will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Greenbuild will not be liable to the Account Holder for any claims or damages which may be suffered by the Account Holder, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Services, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or Service interruptions for any reason.

12. LIMITATION OF LIABILITY

12.1 Greenbuild’s liability to an Account Holder is limited to the amount paid to and received by Greenbuild.

12.2 In no circumstances will Greebuild be liable to Account Holders, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise.

12.3 The Website has links to other third party websites. Greenbuild will not be liable for the content or operation of those third party websites and Account Holders use those third party websites at their own risk.

12.4 If an Account Holder provides an email address for contact, email enquiries may be forwarded to the Account Holder from interested parties. Greenbuild may delete emails that may be unsolicited junk mail, offensive or fraudulent in nature or which breach the terms and conditions of the use of the Website. Greenbuild will not be liable for any unsolicited junk mail or spam emails which are forwarded on to the Account Holder.

13. INDEMNITY

13.1 Account Holders will take all necessary measures to preclude Greenbuild from being made a party to any lawsuit or claim regarding Services provided to any Account Holder or end user. Account Holders will indemnify and keep Greenbuild indemnified from any and all claims of whatever nature against Greenbuild in excess of the amount set out in clause 12.1.

14. PRIVACY

14.1 Personal information is collected by Greenbuild for the functioning of the Website including the administration and provision of the Services, notification to Account Holders about changes to the Services, technical maintenance and record-keeping.

14.2 In addition Greenbuild are permitted to use or disclose personal information held about Account Holders where:

(a) the Account Holders have consented to the use or disclosure;

(b) Greenbuild reasonably believes that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone's health or safety or the public's health or safety;

(c) Greenbuild reasonably suspects that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of an investigation or in reporting the matter to the relevant authorities;

(d) such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);

(e) we reasonably believe that the use or disclosure is reasonably necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.

14.3 The Website has links to other web sites and if an Account Holder accesses those third party web sites personal information about the Account Holder may be collected by that third party. Greenbuild is not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site.

14.4 Greenbuild recognises the importance of securing of all information associated with Account Holders and have security measures in place to protect against the loss, misuse and alteration of personal information under the control of Greenbuild. Greenbuild and their online merchant facility banking partner retains information provided including an Account Holder’s contact and credit card details to enable Greenbuild to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities. Personal information is de-identified or destroyed securely when no longer required by Greenbuild. Greenbuild cannot ensure or warrant the security of any information transmitted to it by an Account Holder online and Account Holders do so at their own risk. Once Greenbuild receives a transmission from an Account Holder, Greenbuild makes every effort to ensure its security. Ultimately, the Account Holder is solely responsible for keeping passwords and/or account information secret.

14.5 The Privacy Act 1988 governs access to personal information that Greenbuild may be able to provide to you if you are unable to access you account on the Website. To ensure privacy, details of an Account Holder’s personal information will be passed on to the Account Holder only if we are satisfied that the information relates to that Account Holder. If Greenbuild refuses to provide a person with access or correct the personal information held about an Account Holder by Greenbuild, then Greenbuild will provide reasons for such refusal.

14.6 Greenbuild records and logs (cookies) IP addresses when a person visits the Website to read, browse, download information or use it as an Account Holder. The address identifies the user’s computer on the internet and is automatically recognised by Greenbuild’s web server. It logs the date and time of each visit to the Website, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help Greenbuild offer improved online service. Greenbuild may automatically collect non-personal information about Website users such as the type of internet browsers used or the site from which that person linked to our Website. The user cannot be identified from this information and it is only used to assist Greenbuild in providing an effective service.

15. RELATIONSHIP OF THE PARTIES

15.1 The relationship between Account Holders and Greenbuild shall not be construed as being a joint venture, franchise, agency, partnership or employment or any other form of relationship other than that of buyer and seller.

15.2 This agreement is a commercial agreement between businesses, not a consumer agreement.

15.3 Account Holders have no authority, apparent or otherwise, to contract for or on behalf of Greenbuild, or in any other way legally binds Greenbuild in any fashion. Account Holders are not authorised to make any representations about Greenbuild or its Services.

16. CHANGES TO THESE TERMS AND CONDITIONS

16.1 Greenbuild may make changes to these terms and conditions from time to time, advising of the change and the effective date of the change.

16.2 Use of the Services by Account Holders following the effective date of such a change will constitute acceptance by Account Holders of those changes.