HBCF Builder App Terms and Conditions
These terms and conditions govern your use of the icare HBCF Builder Application.
1. Introduction
These terms and conditions govern your use of the icare HBCF Builder Application (“App”). By accessing or using the App, you acknowledge that you have read, understood and agree to be bound by these terms (“Terms”). These Terms apply to the use of the App . There may be other terms and conditions which apply to individual functions of the App and associated websites (“Additional Terms”) and you agree to be bound by the Additional Terms as they are disclosed.
The Terms (together with any Additional Terms) constitute the entire agreement between us and you in relation to the App. However, by installing the App on your device, as permitted under the Apple App Store or Google Play Store terms and conditions, you agree to and will be bound by those terms and conditions as applicable.
This may include allowing Apple Inc (“Apple”) or Google LLC (“Google”) to collect, share and use data about your device and the App to facilitate the provision of updates. Despite the foregoing, these Terms take effect as an agreement between you and icare HBCF, and neither Apple nor Google (or their subsidiaries) have any responsibility or liability to you under these Terms. Neither Apple nor Google were responsible for the preparation of these Terms.
Each of Apple, Google, and each of their subsidiaries, are third party beneficiaries under these Terms, and Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary to the extent permitted by law.
If you do not agree with these Terms or Additional Terms, you must stop using the App immediately.
2. Purpose of the App
The App is owned and managed by icare HBCF and is designed to allow NSW builders who are registered users of the app to register their interest for new rectification work opportunities in NSW for which they are prequalified. [Once builders register their interest for a specific work opportunity, icare HBCF will review applications received and shortlisted builders will be notified by icare HBCF to submit their quote on the icare HBCF Claims Quoting System (CQS) portal.
We may add, vary or remove functionality of the App at any time and without notice.
3. User Eligibility
You must meet the following eligibility criteria in order to use the App:
- be at least 18 years of age or legally permitted to use the App;
- must not be located in a country that is subject to an Australian or US Government embargo or that has been designated by either of those governments as a “terrorist supporting” country, and must not be listed on any Australian or US Government list of prohibited or restricted parties; and
- must be a builder in NSW who is registered for the icare HBCF CQS portal and have set up an account on Okta for login authentication purposes.
If you are a new builder in NSW who wish to register for the icare HBCF CQS portal, you can check your eligibility at Check your Eligibility | icare and request access to the portal.
If you do not have an Okta login, please visit the HBCF Builder Self Service Portal or contact your broker and request access.
4. How to Use the App
In order to use the App, you will need to register on the icare HBCF Builder Self-Service Portal and have an Okta login. Once icare HBCF has assessed your eligibility, you will be granted access to both the HBCF Builder Self-Service Portal and the App through your OKTA login details.
While you are logged in, anyone with access to your mobile device will be able to view the information on the App and may be able to make transactions in the App. It is your responsibility to prevent unauthorised access to the App. You will be responsible for any use of App using your account or device, whether authorised by you or not.
We may deactivate your account, if it remains inactive for 6 months or if it is suspended for that period in accordance with these Terms. If your account is deactivated, you will not be able to access any services on the App or information you may have uploaded.
5. Push Notifications
The App will ask if you would like to receive Push Notifications, which may include alerts and sounds on your mobile device. If you choose to allow Push Notifications, then the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications. Push Notifications on this App may include notifications of prequalified projects that align with your eligibility and job limits.
You may change your preference in terms of receiving or not receiving Push Notifications at any time by nominating your preference in the App settings or your device settings.
6. Privacy and Data Collection
In order to use the functionality of the App, you may be asked to upload or provide personal and/or health information. You are not required to provide this information, but if you do not do so, you may not be able to use the functionality of the App and/or icare HBCF may not be able to provide relevant services to you.
This information is collected only for the purpose of icare HBCF providing the functionality of the App, to provide services to you and for icare HBCF to comply with our legislative obligations, including those under Home Building Act 1989 (NSW).
Our Privacy Statement describes how we manage your personal and health information, how you can access or amend the information we hold about you, and who to contact if you have a privacy enquiry or complaint, please see our Privacy Statement.
If you choose to use your mobile device’s biometrics verification method to access the App, icare HBCF does not collect, store or otherwise handle such biometric information.
7. User Responsibility
You must:
- provide accurate and complete information when using the App;
- maintain the confidentiality of your account credentials and notify us immediately of any suspected or actual unauthorised access;
- use the App only for lawful and authorised purposes and in accordance with these Terms;
- promptly report to us any infringement or suspected infringement of any copyright or proprietary rights referred to here or any use, adaptation or reproduction of any intellectual property without consent; or
- comply with any third party agreement which is applicable to your use of the App, for example your internet service provider’s terms and conditions.
We will assume that any transaction made on the App was undertaken by you.
You agree not to:
- use the App in a country that is subject to any trade, economic or financial sanctions administered or enforced by the Australian or US Governments, or designated by either Government as a ‘terrorist supporting’ (or equivalent terminology) country;
- alter, modify, copy, reproduce or reverse engineer any element of the App;
- copy or extract information from the App and separately distribute that information;
- create derivative works of the App of any kind whatsoever;
- use any of the marks, logos or design layouts in the App;
- remove, obscure, or alter any copyright or proprietary rights notices which may be affixed to, or contained within, any item within the App;
- use the App to participate in any illegal or fraudulent activity;
- post or send unlawful, defamatory, offensive or scandalous material, material that may harass, cause distress or inconvenience to others, or material that constitutes or encourages conduct that would contravene any law;
- use any software (such as bots, scraper tools) to access, monitor or copy the App; or
- use the App to cause disruption to icare HBCF,
or attempt or make preparations to do any of those things.
8. Intellectual Property
All Intellectual Property Rights in the App and any underlying software code, including but not limited to copyright and trade marks, are owned by icare HBCF. icare HBCF grants you a non-exclusive, non-transferable, revocable licence to access and use the App in accordance with these Terms. You may only use the App on the device to which you downloaded and which you own or control.
9. Intellectual Property Claims
Subject to the remainder of this clause 9, we will defend the you against any claim brought within Australia by a third party alleging that your use of the App in accordance with these Terms infringes any copyright of the third party within Australia (an IP Claim), and pay any resulting court-awarded damages or settlement to which we consent in writing.
If any IP Claim is brought against you, you must: (i) notify us as soon as practicable of the IP Claim; (ii) give us the option to conduct the defence of the IP Claim, including negotiations for settlement; (iii) provide us with reasonable assistance in conducting the defence of the IP Claim; (iv) not make any admissions in relation to the IP Claim without our prior written consent; (v) permit us to modify or replace the App to make it non-infringing; (vi) permit us to obtain for you the right to continue using the App; and (vii) use your best endeavours to mitigate any damages you suffer as a result of the IP Claim. We are not liable under this clause 9 to the extent that any failure by you to do so prejudices our ability to defend any IP Claim or causes you to suffer any additional damages.
We are not liable under clause 9 to the extent that the IP Claim arises from: (i) modifications to the App made by you; (ii) use of the App in combination with other software, hardware or materials not contemplated by us; or (iii) use of the App for a purpose other than that for which the App was supplied.
If any IP Claim is brought against you, and we are unable to: (i) modify or replace the App to make it non infringing; or (ii) obtain for you the right to continue using the App, on terms that we believes to be commercially reasonable, we may terminate these Terms with immediate effect by giving you written notice of such termination.
To the maximum extent permitted by law, this clause 9 sets out the sole and exclusive obligations of the parties, and the sole and exclusive remedies of the parties, in relation to any infringement of third party Intellectual Property Rights. Each of us acknowledges that in the event of an IP Claim, neither Apple nor Google will have any responsibility for the investigation, defence, settlement or discharge of that IP Claim.
10. Termination and Suspension
icare HBCF may terminate these Terms and your right to use the App at any time if you breach these Terms or if we are withdrawing it from availability. If we notify you that we have terminated your right to use the App, all rights and licences granted to you shall terminate and you must stop using the App and promptly remove it from your device.
icare HBCF may suspend your access to the App: (i) in circumstances where we have the right to terminate; (ii) where it is necessary to protect our systems or other users of the App; (iii) where necessary to conduct maintenance; or (iv) if we reasonably suspect the App is being used illegally or fraudulently. We may not provide you with prior notice of suspension. If the reasons for suspension of your access cease to apply, we will re-instate your access. Where illegal or fraudulent activity is suspected, icare HBCF may also notify NSW Police and/or other authorities as permitted by law.
11. Limitation of Liability and Indemnity
All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms and the App that are not contained in these Terms, are excluded to the maximum extent permitted by law.
In particular and without limiting the paragraph above, to the maximum extent permitted by law, icare HBCF makes no representations or provides any warranty of any kind (whether express, implied, statutory or otherwise) that:
a. you will have uninterrupted access to the App, or that there would not be delays, failures, errors, omissions or loss of transmitted information;
b. the App is merchantable or of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors;
c. that any information provided via the App is current or accurate;
d. you will be eligible to register for all the jobs for which you receive an alert/notification;
e. you will receive notifications for all jobs for which you may be eligible; or
f. you will be successful for the jobs for which you have registered.
We are not responsible for any loss, corruption or interception of data sent to or from the App which occurs outside our computer systems.
We recommend you take regular back-ups of any data or information which you store in the App.
Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
If any guarantee, term, condition or warranty is implied into these Terms under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
a. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
b. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
If the App fails to satisfy a Non-Excludable Provision, you may notify Apple or Google (as applicable) which will refund any purchase price you paid for the App and, to the maximum extent permitted by law, they will have no other obligation to you whatsoever.
Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the App whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to the greater of:
a. the highest subscription fees paid by you to us in relation to any annual subscription period; and
b. $100.
In no event will icare HBCF, its employees, officers, agents, sub-contractors or third parties be liable to you for any indirect or consequential loss or damages or in respect of damages for loss of profits, business interruption, or loss of information arising out of the use, inability to use, or the results of use of this App, any sites linked to this site, or the materials or recommendations or information contained at any or all such sites.
Where any functionality or content of the App or websites is provided by a third party, you acknowledge that functionality or content is solely the responsibility of the relevant third party and, to the maximum extent permitted by law, icare HBCF has no liability to you in respect of that functionality or content.
The limitations and exclusions of liability under this clause 11 apply whether based on warranty, contract or tort (including negligence) and whether or not advised of the possibility of such loss or damage.
You must indemnify icare HBCF for any loss or damage which it suffers as a result of your breach of the Terms (but excluding any loss or damage caused by icare HBCF, its employees, officers, agents, sub-contractors or third parties).
12. Product Claim
Any claims or complaints which you have in respect of the App (“Product Claim”) are subject to these Terms. You must not seek to bring a Product Claim against Apple or Google, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation.
Neither Apple nor Google are responsible for supporting or maintaining the App and you should direct all support queries to us.
13. Governing law
These Terms are governed by and interpreted in accordance with the law of the State of New South Wales. You irrevocably consent to the exclusive jurisdiction of the courts of New South Wales for the purposes of any legal action arising out of or related to the use of the App or these terms and conditions.
14. Changes to Terms
icare HBCF may change these Terms at any time at its sole discretion, and may do so without giving you any prior notice. Unless otherwise stated, any changes to the Terms and Conditions will take effect immediately from the date of their publication. It is your obligation to ensure that you remain fully aware of the Terms as amended from time to time. Your continued access and use of the App after icare HBCF makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the App and remove the App from your device immediately.
15. Force Majeure
Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
16. Waiver
Failure by icare HBCF to enforce any rights at any stage does not constitute a waiver of those rights. No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by icare HBCF.
17. Severability
If any of these Terms and Conditions are held to be invalid or unenforceable, that term or condition:
a. will be read down to the extent necessary to make it valid and enforceable; or
b. may be severed and the remaining terms and conditions enforced.
The headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of the Terms.
18. Survival
Any and all provisions or obligations contained in these terms and conditions, which, by their nature or effect, are required or intended to be observed, kept or performed after termination of these terms and conditions will survive the termination of these terms and conditions and remain binding upon and for the benefit of relevant persons.
19. Contact
Where you have any questions or complaints in relation to the App, you may contact icare HBCF as follows:
Technical enquiries:
Operating hours: 9am to 5pm
Email: mobileapp@icare.nsw.gov.au
General enquiries:
Operating hours: 9am to 5pm
Phone: (02) 9216 3223
