Terms of service
OVERVIEW
Welcome to Green Building Consultants. The terms “we”, “us” and “our” refer to Green Building Consultants.
We operate this website and store (the “Services”) to provide personalised digital products (such as custom PDF documents) and services (such as 1:1 meetings/consultations). Our store is hosted on Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced in them (including our Privacy Policy and Returns & Refunds Policy), set out your rights and responsibilities when you use the Services.
By visiting, browsing, purchasing from, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least 18 years old, or the age of majority in your place of residence.
When using the Services (including placing an order), you may be required to provide information such as your email address and billing/payment details. You agree that all information you provide is accurate, current, and complete, and that you will keep it updated.
You are responsible for maintaining the security of your account credentials (if you create an account) and for all activity that occurs under your account. You must not transfer or assign your account to another person.
SECTION 2 – OUR PRODUCTS AND SERVICES
We provide:
(a) Property Resilience Reports — custom reports prepared for a specific property identified by you, assessing resilience considerations for that property and recommending measures to improve it. Unless expressly agreed otherwise in writing, Reports are prepared as desktop assessments, based on the information, documents, and images you provide and on publicly available data, mapping, and records, without a physical inspection of the property.
(b) Consulting Services — consultations delivered remotely (e.g., phone/video) and any other custom deliverables agreed in a written scope of work.
Because Reports and Consulting Services are prepared in reliance on information you supply, you are responsible for ensuring that all information you submit to us (including the property address, property details, photographs, plans, and descriptions of site conditions) is accurate, current, and complete. We are entitled to rely on that information without independent verification unless verification is expressly included in the agreed scope. We are not responsible for errors, omissions, or deficiencies in a deliverable to the extent they result from inaccurate, incomplete, or misleading information you supply.
Any assumptions, qualifications, exclusions, and limitations stated in a Report or other deliverable form part of that deliverable and of these Terms as they apply to it.
We may update, modify, or discontinue any part of the Services at any time.
SECTION 3 – SCOPE, PURPOSE AND RELIANCE
(a) Defined purpose. Each Report is prepared solely to assess resilience considerations for the identified property and to recommend potential improvement measures, and for any further purpose expressly stated in the Report. Reports must not be used for any other purpose, including (unless expressly stated otherwise) construction, structural certification, building approval, regulatory compliance, insurance underwriting or claims, valuation, or financing.
(b) Desktop assessment; no site inspection. Unless expressly agreed in writing, Reports are prepared without a physical inspection of the property and without verification of actual site conditions. Actual conditions may differ from those represented in the information supplied to us or in public records, and concealed, latent, or subsurface conditions are outside the scope of a Report. Where a Report recommends measures, you must obtain appropriate site-specific professional advice (including design, engineering, and trade advice) before implementing them.
(c) Property-specific and time-specific. Each Report applies only to the property identified in it, as at the date of issue, and based on the information available to us at that date. It does not apply to any other property and does not account for subsequent changes to the property, its surroundings, applicable codes and standards, hazard mapping, or climate conditions. We have no obligation to update a Report after issue unless expressly agreed.
(d) Client reliance only. Reports and other deliverables are prepared for you as our client. No other person or entity (including a subsequent owner or purchaser of the property, a tenant, an insurer, or a financier) may use or rely on them, and we accept no liability to any third party who does so. You must not provide a Report to a third party for the purpose of reliance without our prior written consent.
SECTION 4 – ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline an order at our discretion (including where we cannot fulfil your request, suspect fraud, or need clarification).
An order is not confirmed until:
- payment is successfully processed; and
- you receive an order confirmation (or other written confirmation) from us.
Because many of our offerings are personalised and/or delivered digitally, we may be unable to accommodate cancellations once work has started or once a digital product has been delivered. Your rights relating to refunds are set out in our Returns & Refunds Policy and under Australian Consumer Law.
You agree that purchases are for your own use and not for resale.
SECTION 5 – PRICES AND BILLING
All prices are displayed in Australian Dollars (AUD) unless stated otherwise. Prices and promotions may change without notice.
You authorise us (and Shopify/our payment providers) to charge your selected payment method for your order, including any applicable taxes required by law.
You agree to provide current, complete, and accurate payment and contact information for all purchases.
SECTION 6 – DELIVERY (DIGITAL PRODUCTS)
Digital products are delivered electronically (for example, by email or via your account on our website).
You are responsible for providing a valid email address and ensuring you can receive messages from us (including checking junk/spam folders). If you do not receive your digital product within the stated timeframe, contact us at contact@greenbuildingconsultants.com.au and we will assist.
SECTION 7 – MEETINGS / CONSULTATIONS
Meeting bookings are subject to availability and may be delivered via video or phone as described at the time of booking.
Rescheduling requests can be made by emailing contact@greenbuildingconsultants.com.au. We will try to accommodate reasonable reschedule requests.
If you cancel or do not attend a booking (a “no-show”), refunds may not be available because time is reserved specifically for you, except where a refund is required under Australian Consumer Law or our Returns & Refunds Policy.
SECTION 8 – INTELLECTUAL PROPERTY AND USE OF DELIVERABLES
All content on the Services (including text, graphics, branding, and templates) is owned by or licensed to us and is protected by applicable intellectual property laws.
Unless we agree otherwise in writing:
- your purchase grants you a personal, non-transferable licence to use the delivered digital product for your own purposes; and
- you must not copy, reproduce, resell, distribute, or publish our deliverables or materials (in whole or in part).
SECTION 9 – OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide access to third-party tools or links. We do not control and are not responsible for third-party content, websites, or tools. Your use of third-party services is at your own risk and may be subject to their separate terms.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
This store is powered by Shopify, however any purchases you make are made directly with Green Building Consultants. Shopify is not responsible for sales between you and us.
SECTION 11 – PRIVACY
Our Privacy Policy explains how we collect, use, and disclose personal information.
Because our store is hosted by Shopify, Shopify may also collect and process personal information when you use the Services.
SECTION 12 – FEEDBACK
If you submit feedback, suggestions, reviews, or other content, you grant us the right to use it for operating and improving the Services (for example, marketing or testimonials), unless you notify us otherwise in writing.
SECTION 13 – ERRORS AND CORRECTIONS
We may correct errors or update information on the Services at any time (including after an order is placed). If we need to materially change or cancel an order, we will attempt to contact you using the details provided.
SECTION 14 – PROHIBITED USES
You must not use the Services for unlawful purposes, to infringe intellectual property, to interfere with the site’s security/operation, to transmit malware, or to harass/abuse others.
We may suspend or terminate access if we reasonably believe you have breached these Terms.
SECTION 15 – DISCLAIMER
(a) Professional services within scope. Reports and Consulting Services are provided with due care and skill within, and only within, the scope described in Section 3 and any agreed written scope of work, and subject to the assumptions, qualifications, and limitations stated in the relevant deliverable.
(b) Advisory in nature. Reports identify and assess risks and recommend potential measures; the decision whether and how to implement any recommendation is yours, and implementation requires site-specific design, engineering, and trade advice as set out in Section 3(b).
(c) No guarantee against hazard events. Resilience cannot eliminate risk. We do not represent, warrant, or guarantee that a property will not suffer damage, loss, or deterioration, or that implementing any recommendation will prevent, reduce, or mitigate damage, loss, or injury arising from any natural hazard or other event (including flood, storm, cyclone, wind, bushfire, heat, earthquake, erosion, or subsidence). To the extent permitted by law, we are not liable for loss or damage caused by the occurrence of any such event.
(d) No guarantee of outcomes. We do not warrant or guarantee any particular result, outcome, saving, insurance premium reduction, approval, or compliance arising from your use of, or reliance on, any deliverable.
(e) Services "as is". To the extent permitted by law, the website and Services are otherwise provided on an "as is" and "as available" basis.
(f) Consumer guarantees preserved. Nothing in 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.
SECTION 16 – LIMITATION OF LIABILITY
(a) Non-excludable liability preserved. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud, or breach of a non-excludable consumer guarantee under the Australian Consumer Law.
(b) Limitation under section 64A of the Australian Consumer Law. Where the Australian Consumer Law applies and the goods or services we supply are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to:
- in the case of goods — the replacement of the goods or the supply of equivalent goods, the repair of the goods, or the payment of the cost of doing so; and
- in the case of services — the supply of the services again, or the payment of the cost of having the services supplied again,
except where it is not fair or reasonable for us to rely on this limitation.
(c) Exclusion of consequential loss. To the extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss or damage, or for any loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of data, diminution in property value, or business interruption, however arising (including in contract, tort including negligence, statute, or otherwise), even if we were advised of the possibility of such loss.
(d) Liability cap. To the extent permitted by law, and subject to clauses (a) and (b), our total aggregate liability to you for all claims arising out of or in connection with these Terms, the Services, or any Report or deliverable, however arising (including in contract, tort including negligence, statute, or otherwise), is limited to the total amount you paid us for the Report or service giving rise to the claim.
(e) Your contribution. Our liability is reduced proportionately to the extent that any loss or damage is caused or contributed to by you, including by your provision of inaccurate, incomplete, or misleading information about the property, your use of a deliverable outside its stated purpose or scope, your implementation of recommendations without obtaining the site-specific advice referred to in Section 3(b), or your failure to follow the qualifications stated in a deliverable.
SECTION 17 – INDEMNITY
You agree to indemnify us for losses or claims arising from your misuse of the Services, your breach of these Terms, your use of a deliverable outside its stated purpose or by a third party in breach of Section 3(d), or your violation of any law or third-party rights.
SECTION 18 – TERMINATION
We may terminate or restrict your access to the Services at any time if you breach these Terms. Clauses which by their nature should survive termination (including Sections 3, 8, 15, 16, and 17) will continue to apply.
SECTION 19 – SEVERABILITY
If any provision (or part of a provision) is found unenforceable, it will be read down to the extent necessary to be enforceable, or if it cannot be read down, severed, and the remainder of these Terms continues in force.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with the policies referenced and any written scope of work agreed between us, form the entire agreement between you and us regarding the Services. If there is an inconsistency between these Terms and a written scope of work, the scope of work prevails to the extent of the inconsistency.
SECTION 21 – ASSIGNMENT
You may not assign your rights under these Terms without our written consent. We may assign our rights as part of a restructure, sale, or similar event.
SECTION 22 – GOVERNING LAW (AUSTRALIA)
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time by posting a revised version on this page. We will take reasonable steps to notify you of material changes (for example, by notice on the website or by email if you have an account). Changes apply prospectively from the stated effective date and do not apply to orders already confirmed before that date. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
SECTION 24 – CONTACT
Questions about these Terms should be sent to:
contact@greenbuildingconsultants.com.au
Green Building Consultants
[ABN: 20683948147]