1. Definitions

Platform – The BuildDirect digital marketplace enabling browsing, uploading, reserving, and managing house-and-land packages.

Buyer – An individual reserving or enquiring about a house-and-land package.

Builder – A licensed building entity registered on the Platform to list packages.

Developer – A land developer uploading estates, lots, and supporting documentation.

Reservation – A Buyer-initiated process to reserve a house-and-land package by paying the required reservation fee.

Reservation Fee – The upfront fee of $5,000 paid by the Buyer to reserve a package, split between BuildDirect ($2,000) and the Builder ($3,000).

Contract Exchange – The stage at which the Buyer signs the land contract and pays the relevant 5% deposit, triggering referral fees and making the reservation non-refundable.

User – Any person accessing or using the Platform, including Buyers, Builders, Developers, and Guests.

2. General Terms (Apply to All Users)

2.1 Eligibility

Users must:

Be over 18 years of age.

Provide accurate, current, and complete registration information.

Use the Platform for lawful purposes only.

2.2 Account Registration

All users must verify their email before activating their account.

Buyers, Builders, and Developers must complete onboarding requirements before gaining access to role-specific functionality.

Users are responsible for maintaining the confidentiality of their login credentials.

2.3 Platform Role of BuildDirect

BuildDirect:

Is not a party to any land contract or building contract.

Facilitates reservations, communication, and workflow steps but does not:

provide legal, financial, or building advice;

guarantee the accuracy of information uploaded by third parties;

participate in negotiations or contract variations.

May update or modify the Platform at any time.

2.4 User Content

Users agree:

To provide accurate and lawful information.

That all uploaded content (documents, listings, plans, lot data) may be displayed to relevant roles.

That BuildDirect may remove content that is misleading, incomplete, non-compliant, or harmful.

2.5 Fees and Payments

Fees (including reservations, subscriptions, listing packs, referral amounts) are displayed on the Platform.

Users are responsible for all applicable taxes.

BuildDirect may update pricing with reasonable notice.

2.6 Prohibited Conduct

Users must not:

Misrepresent identity, credentials, licensing, or ownership.

Upload false or incomplete property information.

Circumvent the Platform’s reservation or payment processes.

Use the Platform for fraudulent or unlawful purposes.

2.7 Liability and Disclaimers

BuildDirect provides the Platform on an “as-is” basis and does not guarantee uninterrupted access.

BuildDirect is not responsible for:

delays caused by Builders, Developers, solicitors, councils, lenders, or external service providers;

property defects, contract terms, pricing disputes, or build timeframes.

To the maximum extent permitted by law, BuildDirect’s liability is limited to the amount paid by the User to BuildDirect in the preceding 12 months.

2.8 Termination

BuildDirect may suspend or terminate access to the Platform if:

Terms are violated;

Misleading or fraudulent activity is detected;

Required verification steps fail.

Users may close their account at any time.

3. Reservation Terms (Integrated Rules)

3.1 Overview

A Buyer may reserve a package at any time via the Platform.
A reservation does not constitute a legal purchase—it holds a specific package while the Buyer progresses toward contract exchange.

3.2 Payment Structure

Upon reservation:

The Buyer pays a $5,000 Reservation Fee.

This fee is automatically split:

$2,000 → BuildDirect

$3,000 → Builder

BuildDirect notifies the Builder and provides Buyer details for follow-up.

3.3 Reservation Validity

A reservation is valid for up to four (4) weeks or until the land contract is exchanged, whichever occurs first.

3.4 Refund Rules

The Reservation Fee is:

Refundable only if:

the Buyer withdraws before contract exchange; AND

withdrawal is within four weeks of reservation; AND

the Builder has not issued a tender/contract or begun processing work.

Non-refundable if:

the Buyer exchanges the land contract but does not proceed with the build;

the four-week reservation window expires;

the Builder has incurred reasonable costs aligned with the tender/contract process.

Refunds due to double-selling, incorrect availability, or lot conflicts must be processed by BuildDirect and/or the Builder promptly.

3.5 Contract Stage

After reservation:

The Builder prepares and issues the plan, tender, and building documents.

The Developer’s or Builder’s solicitor issues the land contract.

The Buyer signs the build contract and pays the 5% deposit to exchange.

Once the 5% payment is confirmed:

referral fees are triggered;

the reservation becomes fully non-refundable.

3.6 Cancellations

BuildDirect may cancel reservations if:

The lot becomes unavailable;

Listing inaccuracies are proven;

Compliance or licensing issues arise.

4. Role-Specific Terms

4.1 Buyer Terms

4.1.1 Buyer Responsibilities

Buyers must:

Provide accurate personal information, including name, address, and conveyancer details.

Engage a mortgage broker or financial adviser early in the process.

Submit documents and respond to Builder or Developer requests promptly.

4.1.2 Financial Obligations

Buyers acknowledge that reservations do not guarantee loan approval.

Buyers must ensure they can meet the 5% deposit and related financial obligations.

4.1.3 Communication

Buyers agree to:

Be contacted by BuildDirect and the Builder following a reservation.

Attend scheduled appointments as part of due-diligence and contract preparation.

4.1.4 Use of Platform Information

Buyers understand:

Lot diagrams, plans, prices, and inclusions are provided by Builders and Developers.

BuildDirect is not responsible for verifying these materials.

4.2 Builder Terms

4.2.1 Licensing & Verification

Builders must:

Hold valid licences and insurance.

Upload and maintain accurate compliance documents.

Undergo verification before listing packages.

4.2.2 Listing Requirements

Builders must ensure:

All house plans, inclusions, façade images, documents, and prices are accurate and up-to-date.

Listings comply with local building rules and lot conditions.

Information is consistent across all packages (to maintain platform uniformity).

4.2.3 Reservation Handling

Upon reservation:

Builders must contact the Buyer promptly.

Builders must issue required documents (plans, tender, contract) within reasonable timeframes.

Builders acknowledge the $3,000 portion of the Reservation Fee is payable to them.

4.2.4 Refunds

Builders must:

Approve refunds where the Buyer is eligible under Section 3.4.

Refund amounts due where the lot is unavailable, incorrectly listed, or sold outside the Platform.

4.2.5 Prohibited Conduct

Builders may not:

Misrepresent pricing, availability, or land ownership.

Circumvent the Platform by soliciting off-platform reservations for listed packages.

Upload inaccurate or incomplete documentation.

4.3 Developer Terms

4.3.1 Estate & Lot Information

Developers must:

Upload accurate details for estates, lots, stages, and documents (land contracts, contours, covenants).

Provide the correct solicitor details per lot.

Update status to Available, Reserved, or Sold promptly.

4.3.2 Builder Access

Developers may:

Assign or approve Builders who can package their lots.

Enable automated notifications to Builders in relevant build areas.

4.3.3 Documentation Obligations

Developers must:

Ensure all uploaded documents are complete, current, and legally sound.

Remove or update outdated files immediately.

4.3.4 Referral Fees

Developers acknowledge:

Referral fees may be charged by the Platform upon contract exchange.

These fees are invoiced and paid outside the Platform.

4.3.5 Prohibited Conduct

Developers may not:

Misrepresent land availability, pricing, or engineering constraints.

Upload lots they do not have legal authority to sell.

5. Privacy & Data Handling

Users agree that BuildDirect may collect, store, and process personal information in accordance with its Privacy Policy and applicable laws.

6. Intellectual Property

All Platform content, branding, software, and infrastructure remain the property of BuildDirect unless otherwise stated. Users may not copy, modify, or commercialise Platform materials.

7. Governing Law

These Terms are governed by the laws of the jurisdiction in which BuildDirect operates. Any disputes will be resolved by the courts of that jurisdiction.

8. Amendments

BuildDirect may update these Terms periodically. Continued use of the Platform constitutes acceptance of the updated Terms.