These terms of use, as supplemented by the Subscription Plan, apply to your use of Build Paperless Services, applications and services. By using a Build Paperless service or purchasing a Subscription Plan, you agree to be bound by these terms. Build Paperless is supplied by Cashara Pty Ltd (ABN 92 684 673 836) (us).
The Builder User subscribes for our Services and invites Client Users and Subcontractor Users to each project. Only the Builder User has to pay a fee for the projects. Suppliers Users may use our Services to promote their products and services.
‘You’ refers to each Builder User, Client User, Subcontractor User and Supplier User, but the clauses covering the Subscription Plan (clause 2), Fees (clause 8) and Termination (clause 10) only apply to the Builder User and the Supplier User.
Key items summary: Please read the entire Terms of User and the Subscription Plan very carefully. Some of the key items are summarised below, but this should not be used as a substitute for reading the document in its entirety:
By using the Services and/or choosing your Subscription Plan, you agree to these Terms of Use (this Agreement). If you are a Builder User then the Agreement includes the terms of the Subscription Plan you have selected. This Agreement constitutes a binding legal agreement between you and us, and your continued use of the Services constitutes your acceptance and acknowledgment of this Agreement, our Privacy Policy, and any other policy displayed on our Services, all of which constitute a part of this Agreement. If you do not agree to all of the terms of this Agreement, you must not use the Services.
We may initiate amendments or modifications to this Agreement from time to time by providing you with 14 days' notice. You will have an opportunity to agree or reject the amendments. If you do not agree to the amendments, then you must notify us within that time frame, otherwise, you will be deemed to accept the amended version of the Agreement.
This Agreement will prevail over any other terms or agreement between you and us.
In this Agreement, capitalised words and phrases have the meaning given to them when first used and followed by bolded brackets, or as set out in clause 21 (Definitions) at the end of the Agreement.
2.1 A Subscription Plan starts on the day the Builder User or the Supplier User buys the Subscription Plan, and will continue for the Subscription Period it has selected.
2.2 At the end of each Subscription Period, a Subscription Plan will automatically renew for another Subscription Period unless the Builder User or Supplier User notifies us in accordance with clause 10.1.
2.3 We reserve the right to reject the Builder User's or Supplier User's application for a Subscription Plan for any reason, including but not limited to where we have reason to suspect that it is a competitor or that it has not applied in good faith.
3.1 In exchange for you complying with all terms of this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, personal, and revocable licence to access and use the Services. To the extent that a feature or part of the Services requires you to have a Subscription Plan, your licence is subject to having a valid Subscription Plan, and the Subscription Plan and will be valid only for the Subscription Period.
3.2 You must not:
3.3 We reserve the right to impose fair use limits to prevent abuse of the Service. If you go above the fair use limits we may suspend your use of the Service. If you use the Service for your ordinary business in good faith then you will not be in breach of any fair use limits we impose.
You warrant and agree that:
We warrant and agree that:
6.1 Builder Users have administrative rights to the accounts and can invite Client Users and Subcontractor Users to use the Services. We reserve the right to reject the appointment of a Client User or a Subcontractor User if we have reason to believe that they have previously been blocked from using the Services or that they are a competitor of ours.
6.2 The following terms apply for all Client Users and Subcontractor Users added as an Authorised User by a Builder User:
6.3 Each User is solely responsible for its account credentials and for all use and activity carried out under its account. You must not share your account credentials with any third party. We do not authorise anyone to use the Services on your behalf on your own individual account, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
6.4 You must not impersonate some other individual, business, or company.
6.5 You agree not to create an account, accept an invitation to use the Services or use the Services if you have been previously removed or suspended by us from the use of the Services.
7.1 Subject to the below conditions being met, we will provide you the Support Services during the Subscription Period:
7.2 Our liability for any failure to provide the Support Services is limited to resupplying the Services support to the extent required to remedy the failure. This is your sole remedy for any failure to provide the Support Services.
7.3 For clarity, any Intellectual Property Rights arising in connection with the Support Services (including any enhancements or customisations) vest exclusively in us immediately upon creation.
This clause 8 only applies to Builder Users and Supplier Users. Client Users and Subcontractor Users do not have to pay a Fee to use the Services.
8.1 We may offer you a Free Trial:
8.2 You must pay the Fees to us in advance without counterclaim or deduction in accordance with the Subscription Plan. Fees are based on the Subscription Plan selected, which may include limits on the number of active projects and users (for Builder Users) and the number of products and services listed (for Supplier Users).
8.3 Unless expressly stated otherwise, all amounts stated in or in relation to this Agreement are expressed exclusive of any applicable Tax, which will be added to those amounts and payable by you to us.
8.4 We may offer one or more payment processors as a way to facilitate payment of the Fees. You must make payment by way of one of the payment processors offered (which we may modify from time to time at our sole discretion). You agree that:
8.5 We are entitled to modify our Fees at any time by prior written notice to you, but the increase will only start on the next Subscription Period.
8.6 To the extent permitted by law, any Fees paid to us are non-refundable, and we do not provide refunds or credits should you cancel the Services during its current Subscription Period.
8.7 If you dispute a portion of any invoice, you must still pay all undisputed portions of the invoice.
8.8 In addition to any other right we have, if you fail to fully pay any amount owed to us for a period of 7 days or more, we may do any of the following at our sole discretion:
We may implement (at our absolute discretion) Updates to the Services from time to time. We will endeavour to provide you with reasonable prior written notice of any scheduled Update that is likely to affect the availability of the Services or is likely to have a material negative impact on you.
This clause 10 only applies to Builder Users, Supplier Users and us.
10.1 A Builder User, Supplier User or us may terminate a Subscription Plan at any time, with such termination only taking effect at the end of the current Subscription Period. Builder Users and Supplier Users can terminate through the Services.
10.2 We may terminate this Agreement with immediate effect by giving written notice to a Builder User or Supplier User at any time if:
10.3 We may also suspend or terminate the Subscription Plan and the Services if one of your Authorised Users has breached this Agreement and does not remedy the breach within 7 days after receiving written notice from us requiring them to do so.
10.4 We may suspend your access to the Services if any amount due to us is not paid on time.
On termination of a Subscription Plan, this Agreement or the Services for any reason:
12.1 We own all Intellectual Property Rights in the Services, the Support Services, any other services or products provided by us, any associated documentation, and all Updates, improvements, modifications, customisations and derivative works, whether made by us or by you, and nothing in this Agreement transfers any of those Intellectual Property Rights to you in any way.
12.2 If you provide us with comments or suggestions relating to the Services, then all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modification, or derivative works), is assigned to us, and we may use the feedback for any purpose.
12.3 You must not, without our prior written consent:
12.4 You acknowledge that we will suffer real and substantial damage due to a breach of this clause 12 and may seek injunctive relief for any actual or perceived breach, and damages alone are not an adequate remedy.
13.1 Except as otherwise stated in this Agreement, as between you and us, you own all Intellectual Property Rights in all User Data.
13.2 Despite anything to the contrary in this Agreement or elsewhere, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services in an aggregated and anonymised format (Analytics). We and our licensors own all Intellectual Property Rights in and to the Analytics and all related software, technology, documentation and content provided in connection with the Analytics. You agree that we may make such Analytics publicly available, provided that it:
13.3 You grant us an irrevocable, perpetual licence (and consent) to use, process, copy, transmit, store and backup or otherwise access the User Data during the Agreement Subscription Period solely to:
provided we de-identify the User Data where appropriate.
13.4 In relation to any User Data that you provide to us or upload into the Services, you represent and warrant that:
14.1 We will use our best efforts to ensure that User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to the User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference. We do not guarantee that your User Data will be backed up.
14.2 Generally, we aim to delete any Personal Information of yours as soon as practicable after the termination of your Subscription Plan. However, we may sometimes retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
15.1 You are responsible for the collection, use, storage, and otherwise dealing with Personal Information related to your business.
15.2 You must comply and must ensure that all of your personnel comply, with the requirements of the Privacy Laws in respect of all Personal Information collected, used, stored, or otherwise dealt with under or in connection with this Agreement.
15.3 You must:
16.1 Each party (Recipient) must keep confidential, and not disclose, any Confidential Information of the other party (Discloser) except:
16.2 The Recipient must only use the Confidential Information of the Discloser for the disclosed purpose and in connection with this Agreement.
16.3 You acknowledge we may refer to you as a customer, and display your details on our Website, marketing portfolios, case studies, or in our promotional materials. You may ask that we stop doing this by emailing us. It may take up to 30 days to process your request.
17.1 To the maximum extent permitted by law, we exclude all liability and all Warranties of any kind, whether express or implied, statutory or otherwise, other than those set out in this Agreement.
17.2 You acknowledge that complex software is never wholly free from defects, errors and bugs, and subject to the other provisions of this Agreement, we give no Warranty or representation that the Services will be wholly free from defects, errors and bugs.
17.3 We do not:
17.4 The Services is provided to you on an “as is” and on an “as available” basis without any Warranties arising out of any course of dealing or usage of trade. We disclaim all Warranties that the Services will be error-free, available continuously, uninterruptedly, or be free of harmful components, or that this Services and any User Data will be secure or not otherwise lost or altered. You acknowledge that we may suspend access to the Services temporarily if we have reason to do so (including but not limited to maintenance, updates, or upgrades).
17.5 You acknowledge that the Services is dependent on other Third Party Services and agree that to the extent permitted by law, we will not be responsible or in any way liable for any defect or interruptions to the availability of the Services resulting from Third Party Services.
17.6 To the maximum extent permitted by law, our liability and the liability of our employees or agents for a breach of any Warranty or liability which by law cannot be excluded, restricted or modified, or under any express Warranty, is limited, at our option, to:
17.7 To the maximum extent permitted by applicable law and subject to clause 17.8, neither party will have any liability in connection with the Terms of Use for any Consequential Loss.
17.8 Subject to clause 17.8, each party's maximum aggregate liability for damages in connection with the Terms of Use is limited to the Fees the Builder User paid to us during the 12 month period before the event giving rise to liability.
17.9 Nothing in the Terms of Use excludes or limits either party's liability for:
17.10 All subclauses of this clause 17 are cumulative to one another.
18.1 Each party agrees to indemnify (and defend and hold harmless) the other party and its Affiliates from all Claims and or Loss arising in connection with:
18.2 We agree to indemnify (and defend and hold harmless) you and your Affiliates from any Loss finally awarded as a result of a Claim brought by a third-party alleging that your use of the Services as contemplated in these Terms of Use directly infringes the Intellectual Property Rights of a third party, except to the extent any such infringement is caused or contributed to by your act or omission (IP Claim). If an allegation concerning a possible IP Claim is made, you must permit us to do one of the following (at our sole discretion):
18.3 You agree to indemnify (and defend and hold harmless) us and our Affiliates harmless from any Loss or Claims in connection with:
18.4 As conditions to indemnification under this clause 18, the indemnified party must:
18.5 In this clause:
19.1 Subject to the requirement to give notice under this clause, if the performance by any party (Affected Party) of all or any of its obligations under this Agreement is prevented or delayed in whole or in part due to any Unexpected Event, this Agreement will continue and remain in effect, but the Affected Party will not be in breach of this Agreement for that reason only for so long as the Unexpected Event persists.
19.2 The Affected Party must promptly after becoming aware of an Unexpected Event, give written notice to the other party of the nature of the Unexpected Event and the way and the extent to which its obligations are prevented or delayed and notify the other party of any material change in these matters and use its reasonable endeavours to limit the effects of the Unexpected Event, and promptly carry out its obligations as soon as, and to the extent that, it is able to do so.
20.1 All notices must be in writing and must be made by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day.
20.2 This Agreement will override any other terms or agreement between you and us.
20.3 Where there is a contradiction or conflict between different parts of this Agreement, the parts override one another (to the extent of the contradiction or conflict) in the following order:
20.4 You must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement except as expressly permitted under this Agreement. We may assign, novate or otherwise transfer our rights and obligations under this Agreement at our sole discretion.
20.5 No breach of any provision of this Agreement can be waived except with the express written consent of the party not in breach.
20.6 Any provision of this Agreement that is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable unless this would materially change the intended effect of this Agreement.
20.7 With the exception of clause 17.1, this Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under or relating to this Agreement are not subject to the consent of any third party.
20.8 This Agreement constitutes the entire agreement between the parties in relation to the subject matter of this Agreement, and supersedes all previous agreements, arrangements, and understandings between the parties in respect of that subject matter.
20.9 This Agreement is governed by and construed in accordance with the law of the State. The courts of the State have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement. This Agreement will prevail over any other terms or agreement between you and us.
In this Agreement, the following capitalised terms have the following meanings:
Agreement means these Terms of Use and also includes the relevant Subscription Plan (if any) and all policies displayed on our Website.
Authorised Users means the staff of a Builder User or Supplier User and it also means a Client User and a Subcontractor User who a Builder User has authorised to use the Services in accordance with clause 6.
Builder User means the entity which subscribes for a Subscription Plan and is the owner of the project on the Services.
Business Day means a day on which banks are open for business in the State other than on a Saturday or Sunday or a public holiday.
Client User means the client of the Builder User, typically the owner of the land on which the project is located, who has been invited to use the Services by a Builder User.
Confidential Information means all information of a confidential or proprietary nature, in any form whether tangible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into this Agreement, but excluding information which:
Without limitation, our Confidential Information includes all know-how, trade secrets, technical information, specifications, data, Intellectual Property Rights, marketing procedures, enablement procedures, documentation, pricing information, client and client records, as well as business, corporate, or trade information.
Consequential Loss includes any indirect loss, incidental loss, consequential loss, loss of profits, loss of revenue, loss of production, loss of opportunity, loss of access to markets, loss of goodwill, loss of reputation, any remote loss, abnormal loss, unforeseeable loss, loss of use and/or loss or corruption of data, any loss or damage relating to business interruption, or otherwise, suffered or incurred by a person, arising out of or in connection with this Agreement (whether involving a third party or a party to this Agreement or otherwise).
Fees means the fees set out in your Subscription Plan and Schedule 1.
Free Trial means the 30 day free trial that is offered on the Website.
Insolvent, in relation to a party, means when:
Intellectual Property Rights mean all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these intellectual property rights include copyright and related rights, database rights, Confidential Information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).
Personal Information has the same meaning as in the Privacy Laws.
Privacy Laws mean the Privacy Act 1988 (Cth).
Privacy Policy means our Privacy Policy available at www.buildpaperless.com.au/privacy-policy.
Services means the Services set out in the Subscription Plan, and will include any Support Services unless otherwise stated.
State means New South Wales.
Subcontractor User means a subcontractor of the Builder User who has been authorised to use the Services in accordance with clause 6.
Subscription Period means the period of time chosen by you on registration, and any renewal term in accordance with clause 2.2 (as the context requires).
Subscription Plan means the subscription, package or plan for the Services you select, which may be set out in the relevant information page or pages on our Website, the Services itself, a separate order form, or otherwise provided to you or chosen by you on registration with our consent.
Supplier Users means suppliers of building materials and services to builders and tradies, who subscribe to the Services to list and promote their products through the Website or other online channels.
Support Services means the Support Services access to a general helpdesk during Business Days and hours via email to assist you in resolving technical issues or answering questions related to the Services during the Subscription Period. Any additional Support Services required by you may be provided at our sole discretion and may be subject to additional fees.
Tax includes a tax, levy, duty, or charge (and associated penalty or interest) imposed by a public authority. It includes income, withholding, stamp, and transaction taxes (including any goods and services tax or value-added tax, however named) and duties.
Terms of Use means these terms of use, as updated from time to time.
Third Party Services means a software, hardware, plugin, API, gateway, payment processor, network platform, solution, database, product or another service that is used for the provision of the Services or integrates with the Services, and which is provided, operated or controlled by a third party.
Unexpected Event means and includes such events, beyond the reasonable control of a party, that hinder, prevent or delay performance, in whole or in part, of any obligation under this Agreement including without limitation, fire, flood, casualty, earthquake, war, lockout, strike, epidemic, pandemics, riot, destruction of facilities, insurrection, material unavailability, telecommunications or internet failures, regulations or restrictions imposed by law, acts of the government or governmental requirements.
Update means any updates, modifications, changes or enhancements to the Services, including the adding or removing of any features or functionality, improvements, bug fixes and patches.
User means each of a Builder User, a Supplier User, a Client User and Subcontractor User.
User Data any content or materials whatsoever (including but not limited to any Personal Information, information, plans, contracts, designs, consents, data, text, graphics, photos, or any other artwork) that you upload or input into the Services or that is generated by you using the Services.
Warranty or Warranties mean any warranties, conditions, terms, representations, statements, and promises of whatever nature, whether express or implied.
Website means www.buildpaperless.com.au.
You means any person who uses the Services, including, without limitation, a Builder User, a Client User and a Subcontractor Use.
Effective: 3 March 2026 — Build Paperless Terms of Use