Terms of Service
Last updated: 23 March 2026
1. Acceptance of Terms
By accessing or using Defend My Build ("the Platform", "we", "us"), you agree to be bound by these Terms of Service. If you do not agree, do not use this Platform. These Terms are governed by the laws of Western Australia, Australia.
2. Platform Purpose
Defend My Build is an informational platform for Australian consumers to share experiences with building companies, access industry standards, and support each other in navigating building disputes. Nothing on this Platform constitutes legal advice. For legal advice, consult a qualified Australian lawyer.
Important limitations:
- Defend My Build is not a registered building inspection service and does not provide building inspection reports within the meaning of the Building Services (Registration) Act 2011 (WA).
- AI-generated defect analysis is for informational purposes only and is not expert evidence. It cannot substitute for a report prepared by a registered building surveyor or inspector.
- Do not rely solely on AI analysis when commencing or defending any legal, tribunal, or arbitration proceeding. Obtain a qualified professional report before taking legal action.
- Documents you upload do not acquire legal professional privilege by virtue of being stored on this Platform.
3. Eligibility — Consumer Only
This Platform is for consumers, homeowners, tenants, legal professionals, journalists, and consumer advocates only. Employees, contractors, directors, agents, or representatives of building companies, property developers, or industry associations are strictly prohibited from creating accounts or posting content. By creating an account you represent and warrant that you are not such a person. Misrepresentation is a material breach of these Terms and may give rise to legal liability.
4. User-Generated Content — Freedom of Expression & Personal Responsibility
This Platform supports the right of consumers to freely express their genuine experiences. However, freedom of expression does not override the law. By posting content you:
- Confirm the content is a truthful account of your genuine personal experience or opinion;
- Accept sole and full personal responsibility for that content, including any legal consequences;
- Warrant you are not knowingly publishing false statements of fact;
- Grant Defend My Build a non-exclusive, royalty-free licence to display the content;
- Indemnify and hold harmless Defend My Build, its operators, and associates against any and all claims, damages, losses, or expenses (including legal costs) arising from your content.
Defend My Build acts only as a passive host of user content and does not endorse, verify, or adopt any user-submitted post or comment.
5. Prohibited Content
You must not post content that:
- Is knowingly false or deliberately misleading;
- Includes private personal information of individuals (home addresses, phone numbers, etc.) without consent;
- Constitutes harassment, threats, or vilification;
- Is posted by or on behalf of a building company to manipulate the Platform;
- Violates any applicable Australian law.
6. Content Moderation
Defend My Build reserves the right, at its sole discretion, to remove any content at any time and for any reason, without notice, including content that may expose the Platform to legal liability. Removal does not constitute an admission that the content was unlawful.
7. Account Termination
We may suspend or terminate any account at any time if we determine, in our sole discretion, that a user has breached these Terms, misrepresented their identity, or is using the Platform for any purpose inconsistent with its consumer protection mission.
8. Limitation of Liability
To the maximum extent permitted by law, Defend My Build and its operators shall not be liable for any loss or damage arising from: (a) reliance on user-generated content; (b) reliance on standards or regulatory information presented on this Platform; (c) any dispute between a user and a building company. Our total liability to you in any 12-month period shall not exceed the total amount you paid us for the Platform in that period (and is nil where you use a free plan). Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
9. Intellectual Property
The Platform's design, branding, and original content (excluding user-generated content) are owned by Defend My Build. Standards and regulatory documents referenced are the property of their respective authors and are referenced for educational purposes.
10. Changes to Terms
We may update these Terms from time to time. For material changes (changes to your rights, data handling, or access conditions), we will provide at least 14 days notice via email (where provided) before the change takes effect. For non-material changes, updates take effect upon posting. If you do not agree to a material change, you may close your account before it takes effect.
11. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other legislation that cannot lawfully be excluded. Where we are permitted to limit our liability under the Australian Consumer Law, our liability is limited to re-supplying the relevant service or paying the cost of re-supply, at our election.
12. Governing Law
These Terms are governed by the laws of Western Australia, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia. Nothing in these Terms limits your right to commence proceedings before the State Administrative Tribunal (SAT WA), the Australian Competition and Consumer Commission, or any other tribunal or regulator with jurisdiction.
13. Contact
For any questions regarding these Terms: info@axdintelligence.com.au