Terms and Conditions

1. Definitions and Interpretation
   In these terms and conditions the following definitions apply unless the context requires otherwise:
   1. Commencement Date means the commencement date as defined in clause 13 of this Agreement.
   2. Billing Year means twelve (12) calendar months from the Commencement Date and each twelve (12) month period thereafter.
   3. Customer or You or Your means the user of the Services under this Agreement.
   4. Monthly Subscription Fee means a monthly amount calculated by Mobile Online Business Pty Ltd (as outlined on the buildAR Website) payable by the Customer to use the Service.
   5. "buildAR" or We or Us means Mobile Online Business Pty Ltd ABN 60 128 019 778 conducted from the premises at Level 2, 145 William St, Sydney NSW 2000.
   6. buildAR Account Credit Limit means the maximum value of the Services that the Customers account entitles it to use;
   7. buildAR Contact Details means PO Box 1174 Bondi Junction NSW 1135 email: contactUs@buildAR.com.
   8. buildAR Consumer Account means an account set up on buildAR enabling the Customer to use the Service in accordance with the Consumer Account.
   9. buildAR Business Account means an account set up on builder enabling the Customer to use the Service in accordance with the Business Account.
   10. buildAR Refund Policy means the buildAR policy document titled buildAR Refund Policy which sets out the terms upon which a refund would be provided to you, available on the buildAR Website.
   11. buildAR Website includes any content or information displayed on the domain of http://buildAR.com
   12. Set Up Fee means the fee charged by builder to the Customer for setting up the Customers account and enabling its systems so that the Customer can be in receipt of the Service.
   13. Service means the provision to the Customer of a system in which Augmented Reality Points Of Interest and information related to these Points of Interest can be defined by the Customer and viewable on a PC or a supported mobile telephone.
   14. buildAR reminder Notification means an email notification sent to all buildAR Customers who do not have sufficient credit on their buildAR account to maintain a buildAR account.
   15. "Website' includes any content or information displayed on the domain of http://buildAR.com or its sub-domains.
2. Limitation of Liability and Exclusion of Liability
   In no event will buildAR be liable to you (whether in contract, tort (including negligence) or otherwise) for:
   1. loss of profits; or
   2. any consequential or indirect loss or damage
   that may arise from or in relation to this agreement and in all other circumstances buildAR Liability to you (whether in statute, contract, tort (including negligence) or otherwise) is limited to the lesser of the cost of re-supplying or replacing the Service.
3. Copyright and Other Intellectual Property Rights
   1. All title and copyright in the Website and its contents (including images, text, Javascript, web service APIs and server side code) and in the accompanying printed materials, are owned by buildAR and/or its manufacturing partners.
   2. You must not sell, re-sell, transfer, rent, hire, lease, lend or otherwise part with possession of the contents from the Website to any other person, firm or company without the prior written permission of buildAR.  You must not reverse engineer, decompile or disassemble any software whatsoever available on or related to the Website.
   3. You agree and acknowledge that all the contents from the Website is subject to, and protected by, Australian & international copyright and intellectual property laws.
   4. You agree to only view the Website and its contents by using  web browser or mobile phone and to save an electronic copy, or print out a copy, of parts of the Website solely for your own personal use and information, provided at all times that you do not modify in any way whatsoever the copy that appears on the Website; and
   5. You agree, not to reproduce, transmit (including broadcast), adapt or otherwise use  any material copied in whole or in part from the Website for any other purpose except as expressly permitted, by statute or with buildAR prior written consent.
4. Disclaimer and Liability
   1. In compiling the information contained on, and accessed through the Website, buildAR has used its best endeavours to ensure that the information is correct and current at the time of publication, but takes no responsibility for any error, omission or defect therein.
   2. buildAR makes no express warranties or representations to you regarding the Service provided by buildAR.
   3. buildAR does not exclude or limit the application of any provision of any statute where to do so would contravene that statute or cause any part of this Contract to be void (Non-excludable Condition).
   4. buildAR accepts no liability for any network issues or outages at any time whatsoever.
5. buildAR Release and Exclusion
   1. You release and discharge buildAR from any claim that it has or may have in the future against you under this agreement or related to this agreement wherever and whenever arising, whether:
      1. known or unknown at the time of execution of this agreement;
      2. presently in contemplation of the parties; or
      3. arising under common law, equity, statute or otherwise.
   2. buildAR disclaims all responsibility for any act, failure to act or representation madeto You including any duty of care that would arise but for this disclaimer.
   3. In no event will buildAR be liable to you (whether under statute, contract, tort (including negligence) or otherwise) for:
      1. loss of profits; or
      2. any consequential or indirect loss or damage,
      that may arise from or in relation to the Service.
6. Compatible Mobile Phones
buildAR supports mobile phones running Android OS that also have a compass and connection to the Internet, using the Layar mobile browser. You agree and acknowledge that you will not hold buildAR liable for any disruption or inability to run the Service from handsets and devices that are not compatible or in the event that the Service is unavailable.
7. Refund Circumstances
You agree that you are bound by the terms of buildAR Refund Policy if you apply to buildAR for a refund on the Service.
8. Set Up Fee
   1. buildAR reserves the right to charge a Setup Fee prior to commencement of the Service.
   2. Payment of the Set Up Fee in full is required to be made by you prior to activation of your buildAR account, unless you are eligible for a “period of non-payment”, where you will be liable to pay the Set Up Fee in full at the end of the “non-payment period” for your buildAR account to remain active.
9. Ongoing Fees
   1. buildAR will charge you a Monthly Subscription Fee (a month in advance, 3 months in advance or 12 months in advance) if you have a Consumer Account.
   2. buildAR reserves the right to change pricing and plans relating to the Service upon providing you with 30 days notice and provided you have an active buildAR account you will be notified via email at least thirty (30) days prior to any pricing or plan changes that relate specifically to the Service.
   3. buildAR will display all current pricing and plans on the buildAR Website.
10. Termination
buildAR reserves the right to cancel your buildAR account without any notice if you breach any of these Terms.
11. buildAR Billing Cycle
The buildAR billing cycle commences the day that you activate your buildAR Account (“Commencement Date”).
12. Suspension of Service
    1. If your credit card payment is declined, or payment for the Service is more than 30 days in arrears your account will be suspended until you make a payment that is approved for all outstanding monies on your buildAR Account.
    2. If your account is suspended and full payment of all outstanding monies are not received within 30 days of such suspension, buildAR reserves the right to takes steps to cancel and or otherwise terminate your account.
    3. You agree that once your account is more than 60 days in arrears buildAR reserves the right to pursue legal action.
    4. If your account is cancelled or terminated, you may be charged a set-up fee to have your account reinstated.
    5. You are liable for any charges incurred on your buildAR Account from the date buildAR receives notification of request to cancel your buildAR service until such time as it is cancelled.
13. buildAR Business Account
    1. the buildAR Business Account requires a Set Up Fee to establish a buildAR custom layer that can be used for a specific Business or Service.
    2. buildAR reserves the right to change the fees associated with the Set Up of a Business Account at any time.
    3. A Set Up fee for a Business Account is payable for every layer created.
14. Cancellation of a buildAR personal Account
    1. Subject to clause 19(b), you can cancel your buildAR Personal Account in any Billing Year by sending a written request to cancel your account with the subject heading “buildAR Account Cancellation” to either the postal address or email address of buildAR Contact Details at least 30 days prior to the date in which you would like your account cancelled.
    2. If upon receipt of your account cancellation request, buildAR determines that you have outstanding monies owing under your account, buildAR will suspend your account until full payment of all outstanding monies are received by buildAR following which your account will be cancelled.
15. Password
1. You agree and acknowledge that it is your responsibility to ensure that your password to access your buildAR Account is kept secret and not revealed to any third party.  buildAR accepts no responsibility or liability whatsoever for any person or persons accessing your buildAR account using a valid username and password combination.
2. You agree to change your password at regular intervals, to ensure that your password cannot be directly or indirectly disclosed to third parties.
3. You agree to fully indemnify buildAR against any financial losses that it may incur as a direct or indirect result of a third party accessing your buildAR Account and you also release and forever discharge buildAR from all future claims and liabilities with respect to any direct, indirect or inadvertent access to your buildAR Account.
16. Change of Customer Details You agree and acknowledge that it is your duty and responsibility to ensure that buildAR is notified of any changes to the information you have initially provided to buildAR in opening your buildAR Account.
17. buildAR Privacy Policy
    1. Use of Collected Information
       1. In order for you to have full use of the buildAR Website, you must first complete a registration form and create a username and password.
       2. During the registration process you are required to provide buildAR with your contact information (such as your name and email address).
       3. buildAR may use this information to contact you about the services on the buildAR Website  in which you have expressed interest.
       4. Mobile Online Business Pty Ltd is the sole owner of the information collected on the Website.
       5. buildAR collects information about you in two ways:
          1. directly from you from time to time you will be asked to, or will need to, provide personal details about yourself to buildAR; and
          2. indirectly from you, such as when you visit or browse the buildAR Website.
       6. Any information that we collect from you may be shared or disclosed to third parties for marketing and promotional purposes and you consent to buildAR disclosing this information to such third parties.
    2. Why buildAR Collect Information buildAR may use and analyse information about you for the following purposes:
       1. To provide you with access to parts of the buildAR Website;
       2. To process your order;
       3. To supply the services and products that you have ordered
       4. To contact you if necessary and to verify that you are an authorised user for security purposes;
       5. To arrange for payment of goods and/or services purchased;
       6. To inform you of any service related message or of any new services or functionality related to buildAR;
       7. To assist us with crime and fraud prevention;
       8. To help us enhance the products and services that we offer you;
       9. For the purpose of market analysis and production of internal reports, for marketing our products and services generally and (subject to any objection or preference you may indicate when submitting your details to us) for sending information to you about our products and services from time to time;
       10. To inform you of any products and services offered by other companies that we think may be of interest to you, provided that you choose to receive this information. If you choose to receive information from other companies, we may sometimes disclose your personal information to those companies.
    3. Security
       1. buildAR only stores industry standard transaction information.  For example we only store the last 4 digits of credit card numbers for transaction reconciliation purposes (known as PAN truncation).
       2. No valuable or confidential information other than your system password is stored on the buildAR servers and no confidential information is stored in any way on the Mobile or PC browser based applications.
       3. We are constantly reviewing our procedures to protect your personal data from unauthorised access, accidental loss and/or destruction. We use industry standard secure sockets layer (SSL) technology to encrypt sensitive information such as financial information eg your credit card.
       4. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. buildAR does not accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
       5. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. buildAR does not accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
18. Orders
If you purchase a product or service from buildAR, we may request certain personal identification information from you on our order form. You agree to provide us with your contact information (such as your name, email and billing address) and your financial information (such as your credit card number, expiration date, etc.).
19. Communications
buildAR uses your personal identification information for essential communications, such as confirmation emails, account information, and critical service details. We may also use this information for other purposes, including some promotional emails.  You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
20. Third Parties
    1. We use other third parties (e.g. Banks) to provide credit card payment gateway services for our Service. When you sign up for buildAR, we will share your Internet Merchant Account details as necessary for the third party to provide that service.  These third parties are prohibited from using your personal identification information for any other purpose.
    2. buildAR reserves the right to provide our partners and your  bank with any details necessary to process/activate/maintain your account. If a third party for any reason collects any data on their own behalf, they will provide their own privacy policy. We advise you to read any new policy carefully. We endeavour to ensure that any partners we use apply the same high standards of privacy and security over your information.
    3. buildAR does not share any information with third parties for any unknown or unrelated uses.
21. Content and Quality
    1. The quality of content of the Service will differ depending on handset and screen size and you acknowledge that the quality of the user interface preview on the buildAR Website or through the supported Augmented Reality browsers or applications that buildAR support may be different from actual interface quality delivered by your chosen mobile device.
    2. From time to time we may send marketing material promoting the buildAR service or services from our partners. For any marketing material sent from buildAR, you acknowledge that you may unsubscribe at any time by forwarding an email to unsubscribe@buildAR.com stating "Unsubscribe" in the subject line. We acknowledge that we will use all reasonable endeavours to ensure that your request will be processed within 10 days from date of receipt by us of the request.
22. Virus Warning

    The Internet is an insecure public network. While buildAR uses state of the art encryption and security approved by our Banking partners there is a risk that:

    1. information sent to or from buildAR Website may be intercepted, corrupted or modified by third parties; and
    2. files obtained from or through buildAR Website may contain computer viruses or other defects.

    Whilst buildAR makes every effort to ensure that this never occurs, in using the website and material from it, you assume these risks and are fully responsible for any loss, damage or consequential damage resulting directly or indirectly from these risks.

23. Subcontracting
buildAR may subcontract part or all of its obligations under this Agreement on any terms to any person.
24. Indemnity

    You agree to fully indemnify buildAR;

    1. against any claim in connection with these terms and conditions from any person other than you; and
    2. for any loss or damage caused to any person, including property damage, as a result of your breach of these terms and conditions.

    The indemnities in this paragraph operate irrespective of whether any loss or damage arises from a willful, deliberate or unauthorised act or omission by buildAR.

25. Notifying Changes
    1. Subject to clause 30(b), buildAR may vary any of these terms of use at any time provided buildAR gives you notice of any variations to by email.
    2. buildAR is under no obligation to provide you with the notice under clause 30(a) if your buildAR account is suspended or terminated.
    3. buildAR will also give notice of any variations to the terms of use by posting the revised Terms of Use on the buildAR Website and you agree that your continued use of the Service after being notified of the variation to these terms of use will constitute your acceptance to be bound by the terms of use as varied.
26. Dispute Resolution
    1. Informal Dispute Resolution
       1. Each party agrees to take all practical steps to resolve any disagreement with respect to this agreement (“the Dispute”) and, if those steps fail, to resolve the Dispute in accordance with this clause (as a pre-condition to either being entitled to commence litigation) both you and us must refer the Dispute to a dispute facilitator in accordance with this clause 26 within 14 days of the Dispute first arising.
       2. Where a Dispute is referred to mediation each party must within 7 days of the referral, prepare and circulate to the other a notice (“Dispute Notice”) setting out its position on the Dispute with any reasons.
       3. On receipt of the Dispute Notice, the parties must in good faith endeavour to resolve the Dispute speedily using informal dispute resolution techniques such as mediation, expert evaluation and expert determination.
    2. Formal Dispute Resolution
       1. If the parties do not agree within 7 days of receipt of the Dispute Notice (or such other period as agreed) as to:
          1. the dispute resolution technique and procedures to be adopted;
          2. the timetable for all steps and procedures; and
          3. the selection and compensation of the independent person required for such technique,

       The parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales and the mediator will be selected and the mediation organised by the Australian Commercial Disputes Centre or a similar organisation agreed to by all parties and the parties must pay their own costs of dealing with any Dispute and the costs of any expert or mediator appointed is to be borne equally by them.

       2. This clause 26 does not prevent either party from seeking urgent injunctive relief from a court.
27. No Waiver

No failure to exercise and no delay in exercising any right, power or remedy under this contract will operate as a waiver, nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

28. GST

If GST or VAT is levied or imposed on or in respect of any payment by you to us to then you agree that you are liable for the GST and the amount of that payment shall be increased by the rate at which GST is levied or imposed.

29. Entire Agreement

These Terms of Service are the entire agreement between you and buildAR in relation to its subject matter and you agree that you have not relied on any verbal or written representations other than those set out in this contract.

30. Relationship of Parties

Both parties agree and acknowledge that each party is an independent contractor and that each party is solely responsible for its employees, agents, sub contractors and all its costs and expenses arising in connection with this agreement.

31. Applicable Law
    1. Subject to clause 31, you agree that any disputes about these terms and conditions or your use of this Website/application or its contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement).
    2. The Websites may be accessed throughout Australia and overseas and buildAR makes no representation that the content of the Websites complies with the laws (including intellectual property laws) of any country outside Australia.
    3. If you access any of the Websites from outside Australia, you do so at your own risk and responsibility and you are responsible for ensuring compliance with all laws in the place where you are located.
32. Customer Care and Support

    For any technical issue or questions, please contact our support team:

    E-mail: support@buildAR.com

33. Acceptance of these Terms and Conditions

    Acceptance of these terms is constituted by using the Service and you agree and acknowledge that upon using the Service you accept the terms of this agreement and you have entered into a legally binding agreement.