TERMS OF USE

Homebuilds.com.au

Effective Date: 10 March 2026

Operated by Rubek Pty Ltd as Trustee of Rubek Trust

1. About These Terms

These Terms of Use (“Terms”) govern your access to and use of the website located at homebuilds.com.au (“Platform”), operated by Rubek Pty Ltd as Trustee of Rubek Trust (ABN 88 620 073 413) (“we”, “us”, or “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms apply to all users of the Platform, including consumers browsing and comparing home designs (“Users”) and registered home builders listing their services (“Builders”). Where a section applies only to Users or only to Builders, this is clearly indicated.

We may update these Terms from time to time. We will notify registered users of material changes by email. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

2. The Platform

Homebuilds.com.au is an online comparison platform that enables Users to browse, compare, and enquire about home designs listed by Builders.

Important: We are a platform, not a builder. We do not design, construct, or deliver homes. We do not provide building advice. We do not guarantee the accuracy, completeness, or quality of any information displayed on the Platform, whether provided by Builders directly or sourced from publicly available information. We do not endorse, recommend, or vouch for any Builder listed on the Platform.

Any engagement, contract, or agreement between a User and a Builder is solely between those parties. We are not a party to, and accept no liability arising from, any such engagement.

3. User Accounts

3.1 Registration

Users may browse and compare home designs without creating an account. To submit enquiries or save home designs, Users must register an account by providing a valid email address and creating a password.

When submitting an enquiry through our pre-qualifying wizard, Users will be asked to provide additional information including their name, phone number, preferred build location, land status, land characteristics, approximate budget, desired build timeline, and design preferences.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use.

You must provide accurate and current information. We reserve the right to suspend or terminate accounts that contain false or misleading information.

4. Builder Profiles and Accounts

4.1 Unclaimed Builder Profiles

We may create listings for Builders on the Platform using information that is publicly available, including from Builder websites, public registers, and other publicly accessible sources (“Unclaimed Profiles”). This information may include the Builder’s business name, ABN, service regions, home design names, specifications, pricing, inclusions, images, and other publicly available content.

Unclaimed Profiles are clearly marked as “Unclaimed” on the Platform. The following applies to Unclaimed Profiles:

• Unclaimed Profiles are not endorsed by, verified by, or affiliated with the Builder unless and until the Builder claims the profile.
• Information displayed on an Unclaimed Profile is sourced from publicly available materials and may not be current, complete, or accurate. The date on which the information was sourced is displayed on the profile.
• We do not represent that any Builder with an Unclaimed Profile has authorised, approved, or is aware of the listing.
• Users should independently verify all information on Unclaimed Profiles directly with the Builder before making any decisions.

Builders may claim their profile at any time by following the “Claim This Profile” process on the Platform, which requires verification of the Builder’s identity and association with the business. Alternatively, Builders may request removal of their Unclaimed Profile by contacting us (see Section 18), and we will remove the profile within 5 business days.

4.2 Claimed Builder Accounts

Once a Builder claims their profile, they must register a Builder account and provide their business name, contact email, and such other information as we may reasonably require. Builders may be required to provide their Australian Business Number (ABN) and relevant state or territory builder’s licence number.

By registering, Builders represent and warrant that they hold all licences, registrations, and insurances required under applicable Australian law to carry on business as a home builder in the jurisdictions in which they operate.

Upon claiming a profile, the Builder assumes full responsibility for the accuracy and completeness of all content displayed on their profile. Builders should review and update any information that was previously sourced from public sources to ensure it is current and accurate.

4.3 Builder Content

Builders are solely responsible for all content they upload or publish on the Platform, including but not limited to home designs, floor plans, pricing, specifications, inclusions, images, and promotional offers (“Builder Content”).

Builders warrant that all Builder Content is accurate, not misleading, complies with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), and does not infringe any third party’s intellectual property rights.

We reserve the right to remove or request amendment of any Builder Content that we reasonably consider to be inaccurate, misleading, offensive, or in breach of these Terms or applicable law.

4.4 Subscription Tiers and Fees

Builders who claim their profile are initially placed on a Free Tier, which provides basic profile management capabilities. Paid subscription tiers provide access to additional features, including lead delivery, the analytics dashboard, and enhanced profile visibility.

Fees, billing cycles, and payment terms for paid tiers are set out in the separate Builder Subscription Agreement provided at the time of upgrade.

We reserve the right to introduce per-lead fees or other pricing models in the future, with reasonable notice to affected Builders.

4.5 Access to Pre-Existing Data

When a Builder claims their profile or upgrades to a paid subscription, they may gain access to aggregated analytics data and User enquiries that were generated prior to the Builder’s registration on the Platform.

Analytics Data: Aggregated, de-identified usage data (such as profile views, design comparisons, and comparison competitor data) that was collected while the profile was unclaimed may be made available to the Builder through the analytics dashboard upon claiming. This data does not identify individual Users.

Enquiry Data: Where Users have submitted enquiries directed to the Builder’s profile prior to the Builder claiming that profile, those enquiries (including the User’s name, contact details, and wizard responses) may be made available to the Builder upon upgrade to a paid tier that includes lead access. This data was collected with the User’s express consent under this Platform’s Privacy Policy, which informs Users that their enquiry information will be shared with the relevant Builder when the Builder registers on the Platform.

Builders acknowledge that pre-existing data may be limited or less comprehensive than data collected after the Builder has actively managed their profile.

5. Enquiries and Lead Generation

When a User submits an enquiry through the pre-qualifying wizard, the information provided by the User (including name, email, phone number, build preferences, budget, and other wizard responses) will be made available to the relevant Builder(s).

User Consent: By submitting an enquiry, Users expressly consent to their personal information being disclosed to the relevant Builder(s) for the purpose of responding to the enquiry. Users acknowledge that the Builder may access their enquiry details when the Builder registers on or activates their account on the Platform, which may occur after the enquiry is submitted. Once information is shared with a Builder, that Builder’s use of the information is governed by the Builder’s own privacy policy and practices.

Builder Obligations: Builders must handle all User information received through the Platform in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and the Spam Act 2003 (Cth). Builders must not use User information for any purpose other than responding to the enquiry unless they obtain separate, direct consent from the User.

6. Analytics and Data

We collect and analyse usage data relating to how Users interact with the Platform, including which Builder profiles are viewed, which home designs are compared, and other engagement metrics.

This data is provided to Builders in aggregated, de-identified form through the analytics dashboard. Builders can see metrics such as the number of profile views, design views, and comparison events, including which other designs or Builders their listings are being compared against. Builders cannot see the identity of individual Users performing these actions.

We reserve the right to implement minimum thresholds before displaying analytics data to prevent potential re-identification of individual Users where data volumes are low.

Further details about our data collection and use practices are set out in our Privacy Policy.

7. Content Attribution and Takedown

7.1 Publicly Sourced Content

Unclaimed Builder Profiles may contain content sourced from publicly available websites and other public sources, including home design images, floor plan images, specifications, and descriptive text. Where content is sourced from a third-party website, we will use reasonable efforts to attribute the source.

We display publicly sourced content in good faith for the purpose of providing an accurate and useful comparison service for Australian consumers. We do not claim ownership of any content sourced from third-party websites.

7.2 Takedown Requests

If any person or entity believes that content displayed on the Platform infringes their intellectual property rights or is otherwise objectionable, they may submit a takedown request by contacting us at support@homebuilds.com.au with the following information:

• Identification of the content in question (including the URL on our Platform where it appears).
• Identification of the intellectual property right claimed to be infringed, or the reason the content is considered objectionable.
• Contact details of the person making the request.
• A statement that the request is made in good faith.

Upon receiving a valid takedown request, we will review the request and remove or disable access to the relevant content within 5 business days. We may also contact the Builder (if the profile has been claimed) to notify them of the request.

7.3 Builder Responsibility Upon Claiming

When a Builder claims their profile, they assume full responsibility for all content displayed on that profile. Builders must promptly review any content that was previously sourced from public materials and either confirm its accuracy or update it. From the date of claiming, the Builder warrants that all content on their profile complies with these Terms, including that it does not infringe any third party’s intellectual property rights.

8. Sponsored and Featured Content (Future Feature)

We may in the future offer Builders the ability to purchase sponsored or featured placements on the Platform. Where content is sponsored or paid for, it will be clearly labelled as such in compliance with the Australian Consumer Law and applicable Australian Association of National Advertisers (AANA) codes.

Sponsored placements do not constitute an endorsement, recommendation, or quality assurance by us.

9. User-Generated Content (Future Feature)

We may in the future enable Users to submit reviews, ratings, or other content (“User Content”). If and when this feature is introduced, the following will apply:

• Users must ensure that any User Content is honest, accurate, based on genuine experience, and not defamatory, misleading, or offensive.
• We reserve the right to moderate, edit, or remove User Content at our discretion.
• By submitting User Content, Users grant us a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute the content on the Platform.
• Builders may respond to reviews but must do so professionally and in compliance with the Australian Consumer Law.

10. File Uploads (Future Feature)

We may in the future enable Users to upload documents such as land titles, survey plans, or floor plans. If and when this feature is introduced, Users will be responsible for ensuring they have the right to upload such documents and that they do not contain sensitive information beyond what is necessary for the relevant enquiry.

We will store uploaded files securely and will not share them with any party other than the Builder(s) to whom the relevant enquiry is directed, unless required by law.

11. Intellectual Property

All intellectual property in the Platform (including its design, code, logos, trademarks, and original content) is owned by or licensed to Rubek Pty Ltd as Trustee of Rubek Trust and is protected by Australian and international intellectual property laws.

Builder Content remains the intellectual property of the respective Builder. By uploading Builder Content, Builders grant us a non-exclusive, royalty-free licence to display, reproduce, and distribute the content on the Platform for the purposes of operating the service.

Content sourced from publicly available third-party websites for Unclaimed Profiles remains the intellectual property of the respective rights holders. Our display of such content does not constitute a claim of ownership. Rights holders may request removal of their content at any time in accordance with Section 7.2.

You must not reproduce, modify, distribute, or create derivative works from any Platform content without our prior written consent.

12. Prohibited Conduct

You must not:

1. use the Platform for any unlawful purpose or in violation of any applicable law;
2. provide false, misleading, or deceptive information;
3. scrape, crawl, or use automated means to access the Platform or extract data without our written consent;
4. attempt to gain unauthorised access to any part of the Platform, its servers, or any connected systems;
5. interfere with or disrupt the integrity or performance of the Platform;
6. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
7. claim or purport to manage a Builder profile without legitimate authority to act on behalf of that Builder; or
8. use User information obtained through the Platform for spam, unsolicited marketing, or any purpose not directly related to a genuine enquiry (Builders only).

13. Disclaimers and Limitation of Liability

To the maximum extent permitted by law:

9. The Platform is provided “as is” and “as available” without warranties of any kind, whether express or implied.
10. We do not warrant that any information on the Platform is accurate, complete, current, or reliable, whether that information was provided by Builders directly or sourced from publicly available materials. Users should independently verify all information before making any decisions.
11. Unclaimed Profiles contain information sourced from public materials that may be outdated or inaccurate. We make no representation as to the currency or accuracy of information on Unclaimed Profiles.
12. We are not liable for any loss, damage, cost, or expense (including direct, indirect, incidental, consequential, or special damages) arising from or in connection with your use of the Platform, your reliance on information displayed on the Platform (including on Unclaimed Profiles), or any engagement with a Builder.
13. Our total aggregate liability to you for any claim arising under or in connection with these Terms is limited to the amount you have paid us (if any) in the 12 months preceding the claim.

Note: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

14. Indemnity

You agree to indemnify and hold harmless Rubek Pty Ltd as Trustee of Rubek Trust, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your use of the Platform, or (for Builders) any claim by a User arising from your Builder Content or your handling of User information.

15. Termination

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include breach of these Terms, provision of false information, non-payment of fees (Builders), or conduct that we reasonably consider to be harmful to the Platform or its users.

Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnity, and Governing Law) will continue to apply.

For Builders: termination or downgrade of a paid subscription does not entitle the Builder to request deletion of aggregated analytics data or User enquiry records that have already been collected. However, the Builder’s access to such data will be suspended in accordance with their subscription tier.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and any courts of appeal therefrom.

17. Definitions

Builder: A home builder, whether an individual or corporate entity, whose products or services are listed on the Platform, whether through an Unclaimed Profile or a Claimed Builder Account.

Builder Content: Any content uploaded, published, or approved by a Builder on the Platform, including home designs, floor plans, pricing, specifications, inclusions, images, and promotional offers.

Claimed Profile: A Builder profile that has been verified and is actively managed by the relevant Builder.

Free Tier: The subscription tier automatically assigned to Builders upon claiming their profile, providing basic profile management capabilities.

Platform: The website located at homebuilds.com.au and any associated mobile applications or services.

Unclaimed Profile: A Builder listing created by us using publicly available information, which has not yet been claimed or verified by the relevant Builder.

User: Any individual who accesses or uses the Platform to browse, compare, or enquire about home designs, whether or not they have created an account.

18. Contact Us

If you have any questions about these Terms, wish to request removal of an Unclaimed Profile, or wish to submit a takedown request, please contact us at:

Rubek Pty Ltd as Trustee of Rubek Trust

Email: support@homebuilds.com.au

Website: homebuilds.com.au