You understand and agree that while Kubby may provide access to Independent Professionals and process fees for Independent Professional Services through the Dashboard on behalf of some Independent Professionals, Kubby does not provide any Independent Professional Services whatsoever and that any Independent Professional Services that you acquire, access or use are delivered by independent third parties. All agreements, contracts for, and provision of, Independent Professional Services are with or through one or more independent third parties. You disclaim any claim against Kubby for Independent Professional Services to the extent permitted by law and acknowledge that your only claim and recourse is against the third party that provided or purported to provide Independent Professional Services including if these were facilitated through the Platform.

Kubby may, through the Dashboard, make “match” suggestions about potentially suitable Independent Professionals based on information you provide. By making such suggestions Kubby is not endorsing or guaranteeing the services of that Independent Professional or representing that that Independent Professional is available and willing to provide their services. It is up to Customers to assess and accept any of Kubby’s suggestions. If a “match” is not available or willing to provide the services required by a Customer, Kubby reserves the right to suggest other Independent Professionals. Customers acknowledge and agree that an Independent Professional is not bound to provide services to the Customer until the Customer and the Independent Professional enter into a direct contract.

You agree that you assume all risks in dealing with any Independent Professionals notwithstanding any matching or other services provided by Kubby. Kubby is not responsible for any defects or delays in the provision of any Independent Professional Services including without limitation any failure to produce deliverables that are accepted by the relevant local council.

You acknowledge that Kubby may charge marketing and introduction fees to Independent Professionals.

1. You acknowledge and agree that your access to the Platform, including any material available via the Platform and any Uploaded Material, may be disrupted at any time including as a result of a malfunction, updating, maintenance or repair of the Platform or for any other reason within or outside our control.
2. To the extent permissible at law, Kubby shall not be liable for any loss or damage caused or suffered as a result of any partial or total suspension or breakdown of, or inability to access or use, the Platform.
3. You agree that access and use of the Platform is at your own risk and that Kubby does not warrant that the Platform will meet your specific requirements, or that access to or use of the Platform will be uninterrupted, timely, secure, or error-free.
4. Kubby nor any third party data or content provider make any representations or warranties, whether express or implied, as to the accuracy, correctness and reliability of the Platform and its content (including but not limited to any Uploaded Material or any information which may be provided by Kubby or any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Website, Platform or Application. No Information provided shall be construed as advice and Information is offered for information purposes only. You and any related entity or person rely on the Information at your own risk. If you find an error or omission, please let us know. You should obtain independent advice about, and verify, any Information you obtain through the Platform.
5. The output, or format of output, provided by the Platform may vary from time to time and may not deliver all outputs or formats that you require. No guarantees, warranties, or representations are made by Kubby as to the accuracy, completeness or utility of any material available through the Platform at any time. Your use of the material available through the Platform is not a substitute for your own independent commercial and financial decisions and advice regarding matters of relevance to your personal circumstances, business or operations. You represent and warrant you have made your own enquiries and satisfied yourself of such matters.
6. Kubby has no liability with respect to any failure to save any Uploaded Material or other data, or for the loss or corruption of, or unauthorised access to, any Uploaded Material or other data. You are responsible for backing up any Uploaded Material or other data that you upload to the Dashboard.

1. Registration. Use of part of the Platform may be restricted or conditional at Kubby’s discretion including requiring payment of a fee and/or a request to register or create a profile and/or an Account. To request to register or signup for an Account or request access (excluding access to the Website) or use the Platform, you must, and hereby represent that you:
   
   1. are a legal entity or person who is at least 18 years old or have otherwise reached the age of majority in the jurisdiction in which you reside and who can form legally binding contracts;
   2. will not request or allow another person to create an Account on your behalf or for your benefit except that an authorised agent or representative may create an Account on behalf of your business;
   3. do so in your own capacity or as an authorised agent or representative of a business or entity (or as otherwise would be required to duly bind that business entity to these Terms) who has given you their express consent to bind it to these Terms and in which case you acknowledge and agree that you will also be bound to and liable under these Terms personally and jointly with such other person or entity;
   4. will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of any Independent Professional Services; and
   5. will comply with all applicable laws.
2. Provision of information. You must, and hereby represent and undertake that you will at all times (and as soon as practicable if circumstances change) provide and maintain up to date, accurate and complete information in your Account as may be required and requested from time to time by Kubby.
3. Verification.
   
   1. You consent to Kubby or any third party authorised by Kubby (such as the Platform’s payment processor), without notice, verifying any information or content provided by or collected from you (such as voice recordings) or any other information available to Kubby and for Kubby to make inquiries and investigations about you including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document. You consent and agree that such verification may include but is not limited to in relation to your ownership of contact details and financial products (including accounts and credit cards), identity, location, credentials, authority to provide any Independent Professional Services, credit or payment history, profiles or accounts held by any other entities and authority or ability to act on behalf of any person or entity. You agree that Kubby may contact or instruct third parties in relation to such matters, subject to any applicable law. If and when you are requested, you must provide all requested information about yourself and your business including, but not limited to, providing official government, photographic identification or legal documents. Some Account functions or access rights may be limited at Kubby’s discretion during any verification or investigation without notice.
   2. Notwithstanding subclause (a) above, you acknowledge and agree that Kubby does not assume any responsibility for the confirmation of any User’s identity.
4. Account activity. You are personally or directly (if you are an entity) responsible for all and every activity that occurs in and through your Account and consent to Kubby assuming that any use of your Account either is by you or authorised by you. You acknowledge and agree that you are entirely responsible and liable for maintaining the security and secrecy of your Account including its username and password. You acknowledge sole responsibility for and assume all risk arising from your use of any Account and the Platform. Unless otherwise permitted by us in writing: (a) your Account must only be used by authorised persons within your business or entity; and (b) you must not allow any unauthorised person to access your Account at any time. Kubby will never ask you to send your password or other sensitive information via email or enter it into any website other than an official website operated by Kubby. If you ever suspect that there has been any unauthorised use of your Account or the secrecy of your password has been compromised, you must immediately change your password and contact us. You agree not to use another person’s or entity’s account if you are not authorised to use it or you would breach any of these Terms.
5. Permissions. Kubby may, in its sole discretion, for any reason and at any time: (a) refuse to grant access to any Platform or Account to you; (b) suspend, disable, close or delete yours or any affiliated or other Account at any time; (c) revoke your access to any part of the Platform; or (d) change the type or permissions of any Account. If any of the aforementioned occur for any period, you agree and understand that you may not have access to data, messages, files, Uploaded Material or otherwise on the Platform and that such data may be deleted by us and that we will not be liable whatsoever for any inability to access the same or deletion or associated consequences, loss or damages. We may in our sole discretion, to the extent permitted by law, retain some or all of your data, Account details or Uploaded Material. If your Account is closed by Kubby, you may sign up again only with our express prior consent. Kubby is not liable for any loss of profit or business opportunity that may result from the suspension or cancellation of any of your Accounts. 
6. Closing your Account. You may close your Account at any time. However, you are and remain bound to these Terms and liable for any and all obligations related to past performance and functions after your Account has been closed. Once you have officially closed your Account you may not be able to re-register it again. Once your Account has been closed we may retain or delete any information or content you have received, provided or posted, to the extent permitted by law. If your Account is closed, you agree and understand that you will not have access to data, messages, files, Uploaded Material or otherwise on the Platform and that such data may be deleted by us and that we will not be liable whatsoever for any inability to access same or deletion or associated consequences, loss or damages.

1. You consent to and agree that all telephone and video calls with, or facilitated by, Kubby or the Platform may be recorded by Kubby and stored and that any employee, agent or consultant of Kubby or any third party authorised by Kubby (including but not limited to any Independent Professional, technicians, consultants and legal representatives) may listen to and attend the live telephone or video call (including where they are not directly involved in the conversation and without notice to you), transcribe, read any transcription and playback any such recording.
2. You also consent to use of those recordings, including the information contained within them: (a) in accordance with and for any purpose set out in our Privacy Policy available at www.kubby.com.au/privacy-policy; (b) training, quality and verification purposes; (c) for the purpose of investigating any complaint, matter, dispute or disagreement; and (d) in the course of legal or other proceedings. 

1. You acknowledge and agree that part of the value of the Platform is the connection of Users and Independent Professionals.

1. Independent engagement
   
   1. Customers acknowledge and agree that:
      
      1. any Independent Professionals that they engage through the Platform are independent of Kubby;
      2. Customers must enter into a direct contract with Independent Professionals;
      3. Kubby is not a party to any contract created between an Independent Professional and a Customer and is not responsible or liable for any Independent Professional’s advice, goods or services; and
      4. Kubby is not an insurer.
   2. Customers must contact the relevant Independent Professional directly in relation to any disputes in relation to any Independent Professional’s fees, goods or services.
   3. Customers are liable to pay the fees of any Independent Professional that they engage directly with that Independent Professional in accordance with the relevant Independent Engagement.
2. Credit services
   
   1. Kubby does not offer or provide credit services for the purpose of the National Credit Consumer Protection Act 2009 (Cth) or the National Credit Consumer Protection Regulations 2010 (Cth) (NCCPR).
   2. From time to time, Kubby may refer Customers to its credit service providers, who may provide credit services, by:
      
      1. providing Customers with a link to the credit provider’s website from Kubby’s website; and/or
      2. providing Customers with information about how they may contact the credit provider.
   3. The Customers acknowledges and agrees that:
      
      1. a referral made by Kubby to a credit provider pursuant to clause 9.2(b) above is a referral made pursuant to regulation 25 or (2A) of the NCCPR;
      2. in making a referral pursuant to clause 9.2(b) above, Kubby:
         1. does not endorse the credit provider;
         2. does not suggest that the Customer apply for a particular credit contract with the credit provider; and
         3. does not consider the Customer’s personal needs or circumstances at the time of making a referral;
      3. it will undertake its own investigations with respect to any credit provider and will seek appropriate legal, accounting and financial advice before applying for any credit contract, including advice about the risks associated with any credit contract, and in the context of the Customer’s obligations to Kubby under these Terms;
      4. to the extent Kubby provides factual information to the Customer about the cost or estimated cost of a credit contract, or the terms and conditions of a credit contract, the Customer shall be deemed to have requested such information for the purpose of regulation 24(8) of the NCCPR by doing any of the following:
         1. clicking on, or otherwise visiting, any webpage on Kubby’s website containing a link to a credit provider’s website; and / or
         2. communicating with Kubby, including (but not limited to) via email, online web enquiry or telephone, regarding a credit provider or a credit contract;
      5. it will not rely on any statement or information provided by Kubby in applying for a credit contract with a credit provider;
      6. to the extent that there is any inconsistency between information on Kubby’s website regarding a credit provider or a credit contract, and these Terms, these Terms will apply to the extent of any inconsistency;
      7. any credit contract is a contract between the Customer and a credit provider and Kubby will not, under any circumstance whatsoever, be liable to the Customer (or any other person) in respect of the Customer’s obligations under the credit contract, including (but not limited to) the Customer’s obligations to make payments to the credit provider in respect of any principal, interest, default interest or fees and charges;
      8. nothing in a credit contract between the Customer and the credit provider will vary, or otherwise derogate from, the Customer’s obligations to Kubby under these Terms;
      9. Kubby may plead this clause 9.2 as a bar to any proceedings brought by the Customer against Kubby arising out of, or in relation to:
         1. a referral to a credit provider pursuant to clause 9.2(b) above;
         2. any statement or information provided by Kubby to the Customer in relation to a credit provider or a credit contract; or
         3. a credit contract between the Customer and a credit provider.
   4. For the purpose of regulations 25(2)(b) and (2A)(b) of the NCCPR, neither Kubby nor its associates receive any benefits or indirect remuneration from:
      1. a referral in accordance with clause 9.2(b) above; or
      2. any credit contract between the Client and a credit provider;
      3. save for the fees which Kubby charges directly to the Customer for its use of the Platform or any services provided by Kubby, or to which Kubby is entitled pursuant to these Terms and/or the terms of its agreements with Independent Professionals, which may be paid from funds advanced to the Customer pursuant to a credit contract between the Customer and a credit provider.

1. The Intellectual Property Rights to the Platform and the material available or provided therein (including any Uploaded Material) are owned by or licensed to us.
2. Except as expressly provided in these Terms or any other written agreement you may have with Kubby (or the relevant Independent Professional in the case of Customers) you may not copy, reproduce, republish, distribute, or otherwise deal in any way with the Platform, or any Uploaded Material or any of the material available via the Platform (unless you own the relevant Intellectual Property Rights), without our prior written consent.
3. Subject to Clause 10.8, you may use and reproduce Uploaded Material (that was uploaded, provided or made available by Kubby or another User) and any other material and information available through the Platform for the sole purpose of making enquiries for, entering into, in the course of, or for the purpose of, an Independent Engagement in respect of which the material or information was provided, provided that you:
4. keep the material confidential (in relation to material and Uploaded Material on the Platform sent privately to you or that is otherwise not publically available or confidential in nature);
5. do not modify any proprietary notices or trade marks on the material;
6. do not publish, distribute or sell the material; and
7. do not make any claim of ownership or exclusivity to the material.
8. Your Uploaded Material. Subject to any other written agreement you have with Kubby, you retain all right, title and interest you may have in any Uploaded Material uploaded, provided or made available by you. You grant Kubby, without any compensation to you or others whatsoever, a non-exclusive, transferrable, global, royalty-free licence, with the right to grant sub-licences, to use, copy, modify, adapt, prepare derivative works from, publish, communicate, transmit or broadcast the Uploaded Material, or any part thereof, in any format, media or distribution method for any purpose associated with the operation of the Platform or the provision of services by Independent Professionals in conjunction with the Platform, including without limitation the purposes permitted in Clause 10.3 and marketing purposes (including publication on the Website or Application and associated websites and applications). Such grant is perpetual and cannot be revoked whatsoever, to the extent permitted by law. You consent to the infringement by Kubby and its sub-licensees and successors and assignees of any Moral Rights that you may have with respect to the Uploaded Material by not attributing authorship to you or by changing or dealing with the Uploaded Material in any manner that might constitute derogatory treatment. Nothing in this clause entitles Kubby to falsely attribute the authorship of any Uploaded Material. Nothing in this clause permits Kubby to publish, communicate, transmit or broadcast any documents provided to Kubby as part of an Independent Professional’s proof of experience.
9. You represent and warrant that:
   1. you are the owner of the Uploaded Material provided by you or otherwise have authority to license such Uploaded Material to us including in the form and for use as set out at Clause 10.4 above;
   2. any Uploaded Material by you is accurate and correct; and
   3. your provision and use of the Platform and any Uploaded Material, and the grant by you of the licence to Kubby in Clause 10.4, does and will not violate any laws or regulations, or infringe any Intellectual Property Rights or any other rights of any third party.
10. You accept full responsibility for any infringements of any Intellectual Property Rights of others in connection with Uploaded Material uploaded, provided or made available by you and agree to pay all royalties, fees, damages, accounts of profit or monies owed in connection with Uploaded Material uploaded, provided or made available by you.
11. You acknowledge and agree that we may remove from the Dashboard any Uploaded Material, including Uploaded Material uploaded, provided or made available by you, at any time, in whole or part, for any reason whatsoever without notice.
12. You may not use the trademark “Kubby” or any of our other trademarks (including logos), without our express written permission. You may not use any trademarks appearing in any Uploaded Material without the express written permission of the owner of that trademark.

1. We may disclose material (including Uploaded Material) to third parties for the purpose of operating or in connection with the Platform and for you to use the Platform.
2. You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any such third party.

1. You consent to our use and disclosure of your personal information in accordance with our Privacy Policy published from time to time at www.kubby.com.au/privacy-policy.
2. You acknowledge and agree that we have no liability with respect to the privacy practices of any Independent Professionals or other Users. Prior to acceptance of any service from a third party, you should ask for and review their privacy policy.

1. These Terms do not create any agency, partnership, joint venture, employee-employer or other similar relationship whatsoever. Kubby is not acting as an agent for any Independent Professional, and Kubby does not endorse any Independent Professionals.
2. You agree and understand that all Independent Professionals and other Users that may be accessible through or use the Platform and offer or provide Independent Professional Services do so solely in their own capacity. To the extent permitted by law, Kubby specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Independent Professional, Customer or other User.

1. If you choose to use the Platform, including without limitation by obtaining any services via the Platform, you do so at your own risk. To the extent permitted by law, the Platform is provided “as-is” and we expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory or arising out of the course of performance, course of dealing or usage of trade including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement. You represent and warrant that you have made your own independent enquiries to satisfy yourself in the absence of any such representation, guarantee or warranty prior to using the Platform or relying on any material therein.
2. You acknowledge and agree that Kubby may add third party plug-in software to the Platform at any time, and that Kubby is not responsible for any loss caused to you or any third party due to your use of that software. You also acknowledge and agree that your use of such third party software may be governed by that provider’s own terms of use.
3. You acknowledge and accept that some services offered by Kubby, for example 3D visualisation services, may be provided via third party platforms operated from servers owned and controlled by a third party. Kubby is not responsible for any interruption or failure of these services due to any event or action of any third party.
4. The promotion or availability of any third party’s goods or services via the Platform does not imply our endorsement of the goods or services.
5. We provide no guarantees, and have no liability, with respect to:
   1. any representations made by any User via the Platform or any Independent Professionals; or
   2. the quality or safety of any advice, goods or services supplied by any third parties, including Independent Professionals, via the Platform.

1. User responsibilities and obligations You acknowledge and agree that you are solely responsible for compliance with any and all laws, regulations and tax obligations that may apply to your use of our Platform. In connection with your use of the Website, the Application, the Dashboard or the Platform, you will not and will not assist or enable others to:
   1. breach or circumvent any applicable laws or regulations, agreements with third parties, third party rights, or our Terms;
   2. post or upload content that is illegal, that violates another person’s or entity’s rights including Intellectual Property Rights, confidentiality rights and privacy rights, fraudulent or false, misleading, or deceptive;
   3. cause harm or loss to anyone;
   4. use the Platform or Uploaded Material for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Kubby’s endorsement, partnership or otherwise misleads others as to your affiliation with Kubby;
   5. post advertising or other commercial content, company logos, links, or company names other than as permitted by Kubby;
   6. copy, store or otherwise access or use any information, including personally identifiable information about any other User in any way that is inconsistent with our Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
   7. engage in phishing or identity theft;
   8. post content that may pose a personal safety risk to any User;
   9. post content that defames or slanders any User or any User’s goods or services, provided that Customers may provide genuine reviews and feedback with respect to any Independent Professional’s goods or services provided via the Platform;
   10. use the Platform in connection with the distribution of unsolicited commercial messages (“spam”);
   11. offer to sell any goods or services that you do not yourself own or have authority and permission to make available through the Platform;
   12. impersonate another person, account, or entity, including a representative of Kubby;
   13. use any part of the Platform to request, make or accept a purchase independent of the Platform to circumvent Kubby’s fees or for any other reason;
   14. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
   15. menace, harass, offend or cause annoyance to any person;
   16. post or upload any sexually explicit content;
   17. promote or facilitate violence or terrorist activities;
   18. dilute, tarnish or otherwise harm the “Kubby” brand in any way, including through unauthorised use of other Users’ Uploaded Material, registering, applying to register and/or using “Kubby” or any of our other trademarks, or any substantially identical or deceptively similar words, in any domain names, business names, company names, trademarks or other source identifiers;
   19. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
   20. distribute computer viruses, worms, Trojan horses or other malicious code;
   21. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Kubby or any of Kubby’s providers or any other third party to protect the Platform;
   22. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; or
   23. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.
2. No obligation for Kubby to monitor User use of the Platform You acknowledge and agree that Kubby has no obligation to monitor the access to or use of the Platform by any User, but Kubby has the right to do so at its discretion, to:
   1. operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
   2. ensure Users’ compliance with these Terms or any other agreement a User has with Kubby;
   3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
   4. respond to posted or uploaded content that it determines is harmful or objectionable; or
   5. as otherwise set forth in these Terms.
3. Users agree to cooperate with and assist Kubby in good faith and to provide Kubby with such information and take such actions as may be reasonably requested by Kubby with respect to any investigation undertaken by Kubby or a representative of Kubby regarding the use or abuse of the Platform.

1. To the extent that any mandatory guarantee or warranty under the Australian Consumer Law or any other statute, or at common law or otherwise, is read into these Terms, our liability for failure to comply with any such guarantee or warranty is limited, at our sole discretion, to one or more of:
   1. supplying any services again; or
   2. paying the cost of having the services supplied again.
2. You acknowledge and agree that:
   1. you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss or damage, whether in contract, tort (including negligence), statute, or otherwise in connection with the Platform, to the extent that you or any other person contributed to the loss or damage; and
   2. you must take reasonable steps to mitigate any actual or anticipated loss or damage; and
   3. you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss, damage or expenses to the extent that you could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate your loss.
3. We and our Related Bodies Corporate are not liable to you for any loss of profit, loss of revenue, loss of contract value, loss of opportunity, loss of data, damage to reputation, loss of goodwill, service disruption or any indirect, special, exemplary or consequential loss, or any other loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, suffered or incurred by you whether in contract, tort (including negligence), statute, or otherwise, in connection with the Platform, even if we have been advised of the possibility of such loss. This includes but is not limited to in connection with any Uploaded Material whatsoever, or another User or Independent Professional including any action, inaction, reliability or availability of them or any other third party.
4. To the extent permitted by law, our, and our Related Bodies Corporate, maximum aggregate liability to you with respect to the Platform or any services, information or advice provided by us is capped at AUD$100.
5. Nothing in these Terms exclude any of our liability under the Australian Consumer Law that cannot legally be excluded. To the extent liability under the Australian Consumer Law can be limited, our liability is so limited.

1. any breach by you of these Terms (including any warranty) or any other written agreement you have with Kubby or another User;
2. your use of the Platform, including to obtain any services via the Platform or to engage an Independent Professional;
3. any interaction or contract you have with another User;
4. your breach of any agreement you have with another User, including, if applicable, any direct contract made between a Customer and Independent Professional;
5. any Uploaded Material uploaded, provided or made available by you;
6. your infringement of the Intellectual Property Rights or other rights of a third party; or
7. your breach or infringement of any law or regulation.

1. If you breach, or we suspect that you have breached, any of these Terms, or any other agreement you have with Kubby, or if you are the subject of an Insolvency Event, we may, in addition to any other rights that we have under any of those agreements, at law, or otherwise, suspend (in whole or part) or terminate your use of the Platform without notice.
2. You acknowledge and agree that any breach by you of these Terms or any other agreement you have with Kubby may constitute an unlawful and unfair business practice, and may cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining, in addition to any other remedies we may have in law or equity, any injunctive or equitable relief that we deem necessary or appropriate in such circumstances.

1. If you believe you have a reason to raise a dispute with us under these Terms or in connection with the Platform for any reason, you must first provide us with written notice of the dispute including particulars of the dispute. Our authorised representatives will, within seven (7) days after the dispute notice is received or as soon as reasonably practicable, discuss the dispute with you and attempt to resolve the dispute.
2. If our authorised representatives are unsuccessful in resolving the dispute with you within thirty (30) days of our receiving notice of the dispute, either of us may, by giving written notice to the other party, refer the dispute for mediation. The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each of us must bear our own costs of the mediation and bear equally the mediator’s costs, and each of us is entitled to legal representation at the mediation.
3. You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this Clause 20.

1. Kubby may send notices to Users pursuant to these Terms by email to the email address registered to the User’s Account. Users are solely responsible for maintaining a current email address as the email address registered for their Account and checking that email address.
2. For the purpose of these Terms, Users may send notices to Kubby by email to the following email address: info@kubby.com.au.

1. We may transfer, licence, sub-licence, assign or novate our rights or obligations arising under these Terms. You agree to take all steps necessary to enable us to do so.
2. You may not assign, novate, transfer, sub-contract or delegate any of your rights or obligations under these Terms without our prior written consent.
3. Any waiver of any of our rights under these Terms is not effective unless in writing signed by our authorised representative. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.
4. If any clause of these Terms is illegal, void or unenforceable in any jurisdiction, that clause (including any subclauses, in whole or part in each instance and as the case may be) may be severed for the purpose of that jurisdiction only and the remainder of these Terms continues in full force and effect in that jurisdiction.
5. Subject to Clause 22.6, these Terms (in addition to, in the case of Independent Professionals, any agreement made directly between Kubby and the Independent Professional) constitute the whole of the agreement between us, set out all the parties’ rights and obligations relating to the subject matter therein, and replaces all earlier representations, statements, agreements and understandings except as stated otherwise in these Terms. You acknowledge and agree that you have not relied on any statement, representation, assurance or warranty made by any person (including a third party) in accepting these Terms.
6. Access to or use of certain areas and features of the Website, Application and/or Platform may be subject to separate policies, standards, terms or guidelines, or may require you to accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area of the Website, Application and/or Platform, the latter terms and conditions will take precedence in respect to your access to or use of that area or feature, unless specified otherwise.
7. Nothing in these Terms creates a relationship of partnership, joint venture, employment or agency.
8. You acknowledge and agree that:
   1. these Terms will be governed and interpreted in accordance with the laws of Queensland, Australia;
   2. where you may have a dispute or claim against us, you submit to the exclusive jurisdiction of the courts of Queensland, Australia and any courts entitled to hear appeals from those courts; and
   3. where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions and forums in order to protect our rights and you submit to whichever jurisdiction and forum we consider appropriate for such dispute or claim.

Account means a User account created through the Website or the Application;

Application means the software application provided by Kubby that provides access to the Platform;

Builder means a builder and any other Independent Professional providing construction services;

Consultant means any Independent Professional who is not a Designer or a Builder;

Customer means any person or entity accessing or using any part of the Platform, including in association with an Independent Engagement, to access, seek and/or obtain Independent Professional Services, including from another User;

Customer Restraint Period means the longest of the following periods ending after the later of: (i) the Customer’s last use of the Platform; and (ii) the completion of any Independent Engagement to which the Customer is a party, which is allowable at law:

1. 24 months;
2. 12 months; and
3. 6 months;

Dashboard means the personalised dashboard accessible to Users through the Website or the Application after creating an Account;

Designer means a draftsperson, architect, building designer or interior designer;

Independent Engagement means any provision of goods or services, agreement, contract or relationship (whether on a permanent, temporary, ad-hoc, on-call, or other basis, and whether paid or unpaid) between a Customer and an Independent Professional from time to time for Professional Services;

Independent Professional means any third party, including any individual, entity, company, organisation, enterprise or business, who offers to provide or provides any goods or services including Independent Professional Services through access, use of or in association with the Platform including through the Dashboard, the Website or the Application;

Independent Professional Services means any goods or services provided by a professional whatsoever through, as a result of or in association with the Platform including those that require a qualification, licence, permit, registration, certification, special training or are otherwise regulated in any way including but not limited to architecture, design, construction, building, engineering, town planning and real estate goods and services;

Insolvency Event means the occurrence of any one or more of the following events regarding a party:

1. where the party is an individual, the party is bankrupted;
2. a meeting has been convened, resolution proposed, petition presented or order made for the winding up of that party;
3. a receiver, receiver and manager, provisional liquidator, liquidator, or other officer of the Court, or other person of similar function has been appointed regarding all or any material asset of the party;
4. a security holder, mortgagee or chargee has exercised, attempted to exercise or indicated an intention to exercise its rights under any security of which the party is the security provider, mortgagor or chargor; or
5. an event has taken place with respect to the party which would make, or deem it to be, insolvent under any law applicable to it;

Intellectual Property Rights means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, future copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), data and databases, confidential information and know how;

Moral Rights has the meaning provided under the Copyright Act 1968 (Cth) and includes any equivalent rights applicable in any jurisdiction outside of Australia;

Platform means any provision or use of the Dashboard and the associated quoting wizard, the Website or the Application (including material available on or through those and any Uploaded Material) and any products and services offered or provided by Kubby, including kits, 3D visualisation, plug-ins and browser extensions, collectively and separately and where the context permits includes any related services;

Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth);

Kubby, us, we or our means Barward Construction Services Pty Ltd ACN 39 630 500 695;

Terms means these terms and conditions;

Uploaded Material means any writing, content, comment, review, plan, image, photograph, design, drawing, artistic work, information, data, material, documents, recording (including voice and video), likeness of you or anything identifying you that is uploaded, provided or made available on or through the Platform whatsoever including by or to you, Kubby, another User or an Independent Professional, and includes any deliverables uploaded to the Platform by Independent Professionals in the course of providing their Independent Professional Services to Customers;

User, you or your means any person or entity who, and includes any person or entity on whose behalf a person or entity, accesses, requests or uses the Platform; and

Website means the website at www.kubby.com.au, including parts or features of that website that can be used or accessed without requiring registration or logging into the Platform or Application.

1. headings are for convenience only and do not affect interpretation;
2. words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced;
3. references to any party, person or entity as the case requires includes their executors, administrators, permitted assigns and successors;
4. references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
5. references to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
6. obligations under these Terms affecting more than one party bind them jointly and each of them severally; and
7. no rule of construction will apply to the disadvantage of one party on the basis that that party put forward or drafted these Terms.