Build Advice — Terms & Conditions

1. About Build Advice

Build Advice provides independent, practical building advice and guidance to customers based on information supplied to us.

Our purpose is to help customers better understand a building-related matter, identify questions or issues that may require clarification, consider possible options and determine appropriate next steps.

Build Advice provides an independent perspective. We do not take control of the customer's property, project or building work.

2. Nature of Our Advice

Advice provided by Build Advice is advisory and non-binding.

Depending on the service and information supplied, Build Advice may:

• provide practical observations;
• explain information in plain language;
• identify matters that appear unclear, incomplete or inconsistent;
• identify matters that may warrant further investigation;
• suggest questions for the customer to ask a builder, contractor or other person;
• identify possible options for the customer to consider;
• suggest practical next steps; or
• recommend that the customer obtain further advice, investigation or assessment from an appropriately qualified person.

Build Advice does not make decisions on behalf of the customer.

The customer remains responsible for deciding whether, when and how to act on any advice provided.

3. Scope of Each Service

Each engagement is limited to:

• the particular Build Advice service purchased;
• the question or matter submitted by the customer;
• the information provided to Build Advice; and
• the inclusions stated for that service.

Build Advice is not required to investigate or advise on matters outside the scope of the purchased service.

Build Advice may ask the customer to provide additional information, photographs, documents or clarification where reasonably required to complete the purchased service.

If additional information reveals a materially different issue, the customer asks a substantially different question, or further review would fall outside the purchased service, Build Advice is not required to extend or vary the original service.

Where Build Advice offers a separate service that is appropriate to the new or different matter, the customer may choose to purchase that service separately. Where Build Advice does not offer an appropriate service, we may recommend that the customer obtain assistance elsewhere.

Build Advice does not provide paid add-ons, top-ups or variations to an existing purchased service.

4. Remote Advisory Service

Build Advice services are provided remotely.

Build Advice does not undertake physical site inspections as part of its services.

We do not physically inspect, measure, test, expose, open, dismantle or investigate any part of a property or building.

We do not independently verify site conditions or workmanship.

Our advice is based on the photographs, videos, plans, reports, quotations, correspondence, descriptions, measurements and other information supplied to us.

The customer acknowledges that a remote review has inherent limitations and may not identify matters that would only become apparent through physical inspection, testing, opening-up or specialist investigation.

5. Information Supplied by the Customer

The customer is responsible for supplying information that is accurate, relevant and reasonably complete.

Unless there is an obvious reason to question it, Build Advice may rely on information supplied by or on behalf of the customer without independently verifying it.

Our advice may be incomplete or affected where information supplied to us is inaccurate, incomplete, outdated, misleading or does not show all relevant circumstances.

Build Advice is not responsible for conclusions affected by information that was not reasonably available to us when the advice was provided.

If materially different or additional information later becomes available, earlier advice may no longer apply.

6. Review of Information From Builders and Other Parties

Build Advice may review information, explanations, quotations, reports, recommendations or correspondence provided by builders, contractors, consultants or other parties.

We may identify matters that appear unclear, inconsistent, incomplete or that we believe warrant further investigation.

We may suggest questions for the customer to raise with the relevant person or recommend that the customer obtain an independent assessment.

Unless expressly stated otherwise by an appropriately qualified professional, comments made by Build Advice do not constitute a formal or legally binding determination that another person:

• is correct or incorrect;
• has carried out defective work;
• has breached a contract;
• has acted negligently;
• has breached legislation or regulatory requirements;
• is legally liable for loss; or
• is required to undertake particular work.

Our role is to help the customer better understand and investigate the matter.

7. Services Build Advice Does Not Provide

Unless expressly stated as part of a separate service, Build Advice does not provide:

• legal advice or legal representation;
• structural, civil or geotechnical engineering advice;
• engineering calculations, design or certification;
• architectural or specialist design services;
• quantity surveying or formal cost certification;
• regulated electrical, plumbing, gasfitting or other specialist trade services;
• formal building surveying;
• pre-purchase building inspections;
• physical site inspections;
• invasive or destructive investigation or testing;
• laboratory testing;
• formal weathertightness investigation;
• building consent services;
• Building Code certification;
• council or Building Consent Authority decisions or approvals;
• Licensed Building Practitioner certification or supervision;
• restricted building work services;
• project management;
• construction supervision;
• clerk-of-works services;
• insurance, financial or taxation advice;
• expert witness services;
• formal dispute-resolution services; or
• any other regulated professional service not expressly included in the purchased service.

8. No Legal Advice

Build Advice does not provide legal advice.

Any comments concerning contracts, disputes, responsibilities, quotations, communications or the conduct of another party are made from a practical building perspective only.

Build Advice does not determine contractual rights, negligence, statutory liability, damages or other legal rights or obligations.

Where legal advice is required, the customer should obtain advice from an appropriately qualified lawyer.

9. No Engineering or Technical Certification

Build Advice does not provide engineering calculations, structural design, engineering certification or specialist technical certification.

Where a matter may involve structural performance, ground conditions or another issue requiring specialist expertise, Build Advice may recommend that an appropriately qualified professional assess the matter.

10. No Regulatory Approval or Certification

Build Advice may comment on matters that appear to warrant investigation or clarification.

However, our advice does not constitute:

• Building Code certification;
• confirmation of legal compliance;
• a building consent;
• a Code Compliance Certificate;
• council approval;
• approval from a Building Consent Authority; or
• any other statutory or regulatory approval.

The customer remains responsible for obtaining any approval, consent, inspection or certification required for their property or project.

11. Further Professional Advice

Some matters cannot reasonably or safely be determined through a remote advisory service.

Where appropriate, Build Advice may recommend that the customer obtain further assistance from an engineer, architect, designer, Licensed Building Practitioner, building inspector, specialist contractor, lawyer, council, insurer or other suitably qualified person.

A recommendation to obtain further advice does not make that person an employee, agent, subcontractor or representative of Build Advice.

Build Advice is not responsible for the services, advice, acts or omissions of any independent third party.

12. Customer Responsibility

The customer retains responsibility for their property, project and decisions.

Build Advice does not decide whether the customer should:

• commence, continue or stop work;
• undertake a particular repair;
• accept or reject a quotation;
• engage or dismiss a builder or contractor;
• accept or reject another person's explanation;
• commence or resolve a dispute;
• obtain a particular consent or approval;
• purchase or sell a property; or
• take any other particular action.

Build Advice may provide suggestions and guidance, but the final decision remains with the customer.

13. Responsibility for Building Work

Build Advice does not:

• design the customer's building work;
• determine the final construction or repair methodology;
• issue instructions to builders or contractors;
• control how work is carried out;
• supervise workmanship;
• manage the project;
• inspect work during construction;
• approve completed work; or
• certify compliance or completion.

Responsibility for those matters remains with the customer and the appropriately engaged builders, contractors, designers, consultants, professionals and authorities.

14. Responsibility for Further Investigation

Where Build Advice recommends further investigation, inspection or specialist advice, it is the customer's responsibility to determine whether to obtain it.

Where the customer chooses to proceed without obtaining further investigation or specialist advice that Build Advice has recommended, the customer accepts the risks associated with that decision to the extent permitted by law.

15. Good Faith and Reasonable Care

Build Advice will provide its services in good faith and with the reasonable care and skill required by applicable law.

Our advice represents our practical assessment based on:

• the service purchased;
• the scope of the engagement;
• the information supplied to us;
• the information reasonably available at the time; and
• the limitations of providing the service remotely.

16. Advice Is Not a Guarantee

Build Advice does not guarantee:

• the condition of a property;
• that every defect or issue will be identified;
• the precise cause of a building problem;
• that a suggested option will resolve a problem;
• Building Code compliance;
• council or regulatory approval;
• the quality or performance of another person's workmanship;
• the accuracy of information supplied by another person;
• project cost;
• project timing;
• the future performance of a property or building element;
• the outcome of remedial work;
• the outcome of a dispute or negotiation;
• the outcome of an insurance claim; or
• any particular financial, commercial or legal outcome.

17. Different Opinions

Building-related matters may reasonably give rise to different practical or professional opinions.

A view expressed by Build Advice should not be interpreted as a formal determination that a different view expressed by an appropriately qualified person is necessarily incorrect.

Where there is material uncertainty or disagreement, further independent investigation may be appropriate.

18. Safety and Urgent Matters

Build Advice is not an emergency service.

Where there is or may be an immediate risk to people, property or safety, the customer should not wait for or rely solely on remote advice from Build Advice.

The appropriate emergency service, authority or suitably qualified professional should be contacted where necessary.

19. Use of Advice

Advice is prepared for:

• the customer who purchased the service;
• the particular matter submitted to Build Advice; and
• the purpose reasonably apparent from the engagement.

Advice should not be relied upon for materially different circumstances without further review.

20. Third-Party Reliance

The customer may share Build Advice material with their builder, contractor, consultant, lawyer or other person where reasonably connected with the matter for which the service was purchased.

Sharing our advice does not create a contractual or professional relationship between Build Advice and that third party.

Unless expressly agreed otherwise in writing, our advice is not a formal certificate, approval or professional report prepared for reliance by a lender, insurer, prospective purchaser, council, court, tribunal or other third party.

To the maximum extent permitted by law, Build Advice accepts no duty or responsibility to a third party relying on advice prepared for the customer.

21. Fees and Payment

The customer must pay the price displayed or otherwise agreed for the service purchased.

Unless otherwise stated, payment is required before Build Advice commences the service.

Any applicable GST will be dealt with as stated at the time of purchase.

Build Advice may decline to commence or continue work while an amount properly due remains unpaid.

22. Delivery Timeframes

Any delivery timeframe stated by Build Advice is an estimate unless expressly stated otherwise.

A timeframe may change where:

• required information has not been supplied;
• clarification or further information is required;
• the scope of the service changes; or
• matters outside our reasonable control cause delay.

23. Cancellation and Refunds

A customer may contact Build Advice if they wish to stop or cancel a service.

Build Advice does not provide a routine change-of-mind refund. A customer's decision not to continue with a purchased service does not, by itself, create an entitlement to a refund unless a refund or other remedy is required by applicable law or Build Advice expressly agrees otherwise.

If a customer is dissatisfied with a Build Advice service, the customer should contact Build Advice and provide sufficient information for the concern to be reviewed.

Where Build Advice agrees that a full refund is the appropriate resolution under this clause, Build Advice will cancel the case and refund the full amount paid for that service to the original payment method.

Build Advice may also determine that it cannot properly provide what the customer needs under the service purchased. This may include circumstances where the customer's matter falls outside the purchased service or a different Build Advice service is required.

Where Build Advice determines before completing the service that it cannot appropriately provide what the customer requires under the purchased service, Build Advice will cancel that case and refund the full amount paid for that service to the original payment method.

If the customer wishes to continue with Build Advice using another service, that service must be selected and purchased separately. A payment for the original service is not automatically transferred to another service and is not converted into account credit.

The ordinary Build Advice refund process described in this clause provides a full refund of the original amount paid where Build Advice approves a refund under this clause.

Nothing in this clause, or elsewhere in these Terms, excludes, restricts or modifies any right, guarantee, remedy or relief that the customer has under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand law where those rights cannot lawfully be excluded or restricted.

24. Liability and Allocation of Risk

The customer acknowledges that Build Advice provides a limited remote advisory service and does not assume responsibility for the customer's property, project, building work or the work of third parties.

Subject to any rights or liabilities that cannot legally be excluded or limited, Build Advice is not responsible for loss, damage, cost or consequences to the extent that they arise from or are contributed to by:

• inaccurate, incomplete, outdated, misleading or withheld information;
• conditions that could not reasonably have been identified from the information supplied;
• the customer's decision whether or not to follow our advice;
• use of advice outside the purpose or scope for which it was provided;
• failure to obtain further investigation, inspection or specialist advice where recommended or reasonably required;
• the acts or omissions of builders, contractors, consultants, suppliers, authorities or other third parties;
• work carried out by another person;
• changes made after our advice was provided;
• circumstances arising after our advice was provided;
• reliance on our advice by a third party; or
• any matter expressly excluded from the scope of the service.

Providing advice does not transfer responsibility for the customer's decisions, property, project or building work to Build Advice.

25. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies liability where doing so would be unlawful.

Subject to that requirement and to the maximum extent permitted by law, Build Advice is responsible only for loss directly caused by a failure by Build Advice to provide the purchased service with the standard of care required by applicable law.

To the maximum extent permitted by law, Build Advice is not liable for indirect or consequential loss resulting from decisions, acts, omissions or work undertaken by the customer or a third party, or from matters falling outside the agreed scope of the service.

26. Consumer Rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot legally be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand law.

Where those protections apply, Build Advice will comply with its obligations under them.

27. Customers Acquiring Services in Trade

Where:

• the customer acquires a service in trade;
• Build Advice supplies that service in trade;
• the parties expressly agree in writing to contract out of applicable provisions where the law permits this; and
• all statutory requirements for doing so are satisfied,

those statutory provisions may be excluded to the extent lawfully agreed.

This clause does not apply where consumer protections cannot lawfully be excluded.

28. Independent Relationship

Build Advice acts solely as an independent advisory service.

Nothing in the relationship between Build Advice and the customer creates a partnership, joint venture, agency relationship, employment relationship, fiduciary relationship, project-management appointment or construction-supervision role.

Build Advice has no authority to enter into contracts, approve variations, accept work or otherwise bind the customer.

29. Privacy

Build Advice may collect, hold, use and disclose personal information where reasonably necessary to provide and administer its services.

Personal information will be handled in accordance with applicable New Zealand privacy law and the Build Advice Privacy Statement.

Customers should only provide information they are lawfully entitled to provide and should avoid supplying personal information that is unnecessary for the service.

The current Build Advice Privacy Statement is available through the Build Advice website.

30. Confidentiality

Build Advice will take reasonable steps to protect confidential customer information.

Information may be disclosed:

• where reasonably necessary to provide or administer the service;
• to appropriate service providers or professional advisers;
• with the customer's authority;
• where required or permitted by law; or
• where the information is already lawfully publicly available.

31. Intellectual Property

Build Advice retains ownership of its templates, systems, processes, methodologies, standard documents, website content, branding and other intellectual property.

Subject to payment of the applicable service fee, the customer may use advice supplied to them for the purpose for which it was prepared.

The customer must not:

• commercially resell Build Advice material;
• represent Build Advice material as having been prepared by another person;
• materially alter Build Advice advice and represent the altered version as having been issued by Build Advice; or
• use Build Advice intellectual property to operate a competing commercial advisory service without permission.

32. Right to Decline, Suspend or End a Service

Build Advice may decline, suspend or end a service where:

• the matter falls outside our scope;
• specialist professional involvement is required;
• sufficient information has not been supplied;
• continuing to provide advice remotely would be inappropriate;
• the customer requests a service Build Advice does not provide;
• payment has not been made;
• a conflict of interest arises;
• the customer acts unlawfully, abusively or unreasonably; or
• continuing the engagement would create an unreasonable legal, professional or safety risk.

Where Build Advice determines before completing the service that it cannot appropriately provide what the customer requires under the purchased service, including because the matter requires a different Build Advice service or falls outside what Build Advice can appropriately provide through that service, the cancellation and full-refund process in Clause 23 applies.

If the customer wishes to obtain another Build Advice service after the original service has been cancelled and refunded, that service must be selected and purchased separately.

Where Build Advice declines, suspends or ends a service for another reason listed in this clause, any refund, payment obligation or other remedy will be determined in accordance with these Terms, the circumstances of the matter and any rights or obligations that apply under New Zealand law.

Nothing in this clause limits any statutory right or remedy that cannot lawfully be excluded.

33. General Website Information

General information, articles, guides or other content available on the Build Advice website are provided for general information only.

They are not advice relating to a particular customer's property or circumstances unless provided as part of a purchased Build Advice service.

34. Complaints and Disputes

If a customer has a concern about a Build Advice service, they should contact Build Advice through the contact options available on the Build Advice website and provide sufficient information for the matter to be reviewed.

Build Advice and the customer will first attempt to resolve any dispute reasonably and in good faith.

Nothing in this clause prevents either party from exercising a statutory or legal right available to them.

35. Entire Agreement

These Terms, together with:

• the description of the service purchased;
• the price and inclusions stated at the time of purchase;
• the Build Advice Privacy Statement; and
• any specific written terms expressly agreed between Build Advice and the customer,

form the agreement relating to the service.

If specific written terms agreed for a particular service conflict with these general Terms, the specific terms will apply to the extent of that inconsistency.

36. Changes to These Terms

Build Advice may update these Terms from time to time.

Unless required by law or agreed with the customer, changes will not retrospectively alter the material terms applying to a service already purchased.

37. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the minimum extent necessary without affecting the remaining provisions.

38. No Waiver

A failure or delay by Build Advice in exercising a right under these Terms does not constitute a waiver of that right.

39. Governing Law

These Terms and the provision of Build Advice services are governed by New Zealand law.

Subject to any statutory rights that cannot lawfully be excluded, the parties submit to the jurisdiction of the New Zealand courts and tribunals.

40. Acceptance

By purchasing a Build Advice service, electronically accepting these Terms through the Build Advice order process, or otherwise expressly instructing Build Advice to commence work after being provided with these Terms, the customer confirms that they understand and accept that:

• Build Advice provides independent, non-binding advice and guidance;
• advice is based on information supplied to Build Advice;
• Build Advice services are remote and do not include a physical site inspection;
• Build Advice does not take control of or responsibility for the customer's project or building work;
• Build Advice may recommend questions, further investigation or professional advice rather than determining what the customer must do;
• Build Advice does not provide legal, engineering or regulatory certification services; and
• the customer remains responsible for their own decisions and for engaging appropriately qualified professionals where required.