Terms of Use

These Terms of Use ("Terms") form a legally binding agreement between you and Oxide Construct Pty Ltd (ABN 77 690 166 799) ("Oxide Construct", "we", "us" or "our"). They govern your access to and use of the website located at oxideconstruct.com.au and any related subdomains, applications, content, features, and services we make available through it (collectively, the "Website").

By accessing, browsing, or otherwise using the Website, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy. If you do not agree with any part of these Terms, you must not access or use the Website.

Where you access or use the Website on behalf of a company, partnership, trust, government body, body corporate, or other legal entity, you warrant that you have the authority to bind that entity to these Terms, and references to "you" include both you personally and that entity.

These Terms apply to all visitors, users, contractors, suppliers, policyholders, insurers, brokers, loss adjusters, strata managers, and members of the public who access the Website, whether or not they hold an account with us or with any related platform.

In these Terms, the following capitalised words have the meanings set out below. Defined terms are used consistently throughout the document.

• •"Website" means oxideconstruct.com.au and all associated pages, subdomains, applications, APIs, integrations, content, and services operated by us.
• •"We", "us", "our" means Oxide Construct Pty Ltd (ABN 77 690 166 799), its successors, related entities, and permitted assigns.
• •"You" means any person, organisation, or entity who accesses, browses, or uses the Website, whether or not as a registered user.
• •"Content" means all text, graphics, images, photographs, audio, video, code, design elements, layouts, trade marks, logos, data, databases, and other material made available on or through the Website.
• •"Services" means the building, restoration, make-safe, repair, project management, and related services we provide to insurers, policyholders, brokers, and other clients in the course of our business as a Victorian licensed builder.
• •"Trade Panel" means our register of approved subcontractors and suppliers who have been onboarded to deliver works on our behalf.
• •"Excess Payment" means an insurance excess paid by a policyholder through the Website using our integrated Stripe checkout, in connection with a claim being managed by us or our insurer clients.
• •"Assessmate Platform" means our internal claims management platform with which the Website shares a backend and exchanges authorised data.
• •"ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• •"Privacy Act" means the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

You may use the Website only if you can form a legally binding contract with us under the laws of Victoria, Australia. By using the Website, you represent and warrant that:

• •You are at least 18 years of age, or you are accessing the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
• •You have the legal capacity to enter into a binding contract and you are not barred from using the Website under the laws of Australia or any other jurisdiction that applies to you.
• •Where you act on behalf of an organisation, you are duly authorised to bind that organisation to these Terms and to any obligation you accept while using the Website.
• •Your use of the Website does not violate any applicable law, regulation, sanctions regime, or contractual obligation owed to a third party.

We may, at any time and without notice, request reasonable evidence of your identity, age, or authority. We may suspend or terminate your access if we are not satisfied with the evidence provided.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for your personal, non-commercial use, or for your internal business use in connection with engaging us as a builder, paying an insurance excess, submitting an enquiry, or applying to join our Trade Panel.

The Website is provided for general informational purposes about Oxide Construct Pty Ltd's insurance repair, restoration, make-safe, and building services. The Content is general in nature and is not a substitute for professional building, structural, engineering, insurance, financial, or legal advice tailored to your individual circumstances.

Except as expressly permitted by these Terms or by applicable law, you must not:

• •Reproduce, duplicate, copy, frame, mirror, sell, resell, or otherwise commercially exploit any part of the Website or its Content.
• •Modify, adapt, translate, or create derivative works based on the Website or its Content without our prior written consent.
• •Use the Website in any manner that could damage, disable, overburden, or impair its operation, security, or accessibility for other users.

You must not use the Website, or assist any other person to use the Website, for any purpose that is unlawful, harmful, or inconsistent with these Terms. Without limiting the generality of that obligation, you specifically agree not to:

• •Use any automated system, including bots, robots, scrapers, crawlers, spiders, data mining tools, or harvesting software, to access, monitor, or copy any part of the Website without our express written permission.
• •Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Website or any of its components.
• •Gain or attempt to gain unauthorised access to any account, computer system, server, network, or data connected to the Website, including any part of the Assessmate Platform that we operate behind it.
• •Bypass, disable, defeat, or otherwise interfere with any security, authentication, rate-limiting, access-control, or content-protection mechanism of the Website.
• •Upload, transmit, or distribute any virus, worm, trojan, ransomware, time bomb, spyware, or other malicious code, or any file or data designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• •Submit any content that is false, misleading, deceptive, defamatory, obscene, abusive, threatening, harassing, discriminatory, or that infringes the intellectual property or privacy rights of any other person.
• •Impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity, or use a false email address or contact details when interacting with the Website.
• •Use the Website to send unsolicited commercial electronic messages contrary to the Spam Act 2003 (Cth) or any equivalent law of any other jurisdiction.
• •Use the Website for any fraudulent purpose, including submitting fraudulent claims, fraudulent excess payments, or fraudulent Trade Panel applications, or to launder the proceeds of crime.
• •Collect or harvest personal information about other users of the Website, including names, email addresses, phone numbers, claim references, or insurance details.

We may report any conduct we reasonably suspect to be unlawful to the appropriate authorities, including Victoria Police, the Australian Federal Police, the Australian Cyber Security Centre, the ACCC, or any insurer involved in the relevant claim.

Some features of the Website may require you to create or use an account, including (without limitation) accessing payment receipts, tracking the status of an Excess Payment, completing a Trade Panel application, or interacting with content shared by us through the Assessmate Platform. Where an account is required, the following obligations apply.

• •You must provide accurate, current, and complete information when creating your account, and you must promptly update that information if it changes.
• •You are solely responsible for maintaining the confidentiality of your username, password, multi-factor authentication codes, and any other credentials associated with your account.
• •You must not share your account credentials, allow another person to use your account, or use the credentials of another person without their lawful consent.
• •You are responsible for all activities that occur under your account, whether or not you authorised those activities, except where the activity results from our negligence or breach of these Terms.
• •You must notify us immediately at [email protected] if you become aware of any actual or suspected unauthorised use of your account, loss of credentials, or other security incident.

We may, at any time and at our discretion, require you to change your password, complete additional identity verification steps, or suspend access to your account where we reasonably suspect that the account has been compromised or is being used in breach of these Terms.

The Website allows you to submit enquiries, request quotes, register interest in our services, and apply to join our Trade Panel. When you submit any of these forms, you agree to the following.

• •The information you provide must be true, accurate, current, and complete to the best of your knowledge. You must not provide false or misleading information about your identity, qualifications, licences, insurance, ABN, or compliance status.
• •Submission of any form does not create a contract with us, an offer of work, an offer of employment, an offer of subcontract, or a guarantee that we will respond, accept your application, or engage your services.
• •Trade Panel applications are subject to a separate onboarding process, which may include compliance checks, insurance verification, white-card verification, working-with-children checks where applicable, reference checks, and execution of a separate subcontractor agreement before any work is offered.
• •Information you submit may be stored on our shared backend infrastructure (Convex) and may be visible to authorised personnel within Oxide Construct Pty Ltd and the Assessmate Platform for the purposes of assessing your enquiry or application, in accordance with our Privacy Policy.
• •Any indicative response times referenced on the Website are estimates only and are not contractual commitments. Some enquiries may take longer to respond to depending on volume, complexity, or operational priorities.

We reserve the right to decline any enquiry or application at our absolute discretion and without giving reasons, subject to our obligations under anti-discrimination and equal opportunity legislation applicable in Victoria.

The Website provides an integrated facility for policyholders and approved third parties to pay an insurance excess in connection with a claim being managed by us or by an insurer client. All Excess Payments are processed through Stripe Payments Australia Pty Ltd ("Stripe"), a PCI-DSS compliant payment service provider.

By initiating an Excess Payment through the Website, you acknowledge and agree that:

• •All payments are processed in Australian Dollars (AUD) and may attract bank fees, currency conversion charges, or surcharges imposed by your card issuer, for which we are not responsible.
• •You must use a payment method that you are authorised to use, in your own name or with the express authority of the cardholder. Unauthorised use of a payment method is a criminal offence.
• •Your use of Stripe's hosted checkout is also governed by Stripe's own terms of service and privacy policy, which you should review separately.
• •We do not collect, store, or process your full card number, CVV, or expiry date on our own servers. Sensitive payment data is captured directly by Stripe within their secure environment.
• •Strong customer authentication, including 3D Secure 2 challenges, may be required by your card issuer to complete a payment. We are not responsible for any failure or delay caused by your bank's authentication systems.
• •An Excess Payment is taken to be received by us only when Stripe confirms the payment as successful via signed webhook to our backend. You will receive a payment receipt by email once the webhook has been processed.

If a payment fails, is declined, or is incorrectly processed, please contact us as soon as possible at [email protected] or on 1800 568 953 so we can assist. Refund and dispute requests are handled in accordance with the underlying insurance policy, the relevant insurer's instructions, and your rights under the ACL. Nothing in this section excludes, restricts, or modifies any non-excludable consumer guarantee.

Payment for any building work performed by us under a contract is governed by the separate construction contract or insurer instruction applicable to that work, and not by these Terms.

We take reasonable care in preparing the Content published on the Website, including service descriptions, project case studies, frequently asked questions, articles, and blog posts. However, the Content is provided for general informational purposes only and is not intended to be relied upon as the sole basis for any decision.

Without limiting the generality of the above:

• •The Content does not constitute professional building, structural, engineering, insurance, financial, taxation, or legal advice, and is not a substitute for advice from a suitably qualified professional who has considered your individual circumstances.
• •We do not warrant or represent that the Content is accurate, complete, current, reliable, suitable for any particular purpose, or free from error or omission, and we may update or correct the Content at any time without notice.
• •Statements about timeframes, response times, repair durations, claim handling, insurance processes, regulatory requirements, and pricing are indicative only and may change based on the specific claim, scope of works, location, or insurer instructions that apply to you.
• •Where the Content references third-party laws, codes, standards, or regulations, you should always consult the original source material and obtain independent advice before relying on it.

You should always seek appropriate professional guidance before acting on any information you read on the Website, and you accept that we are not responsible for any loss or damage you suffer if you choose to rely on the Content without obtaining independent advice.

All Content on the Website, including text, graphics, images, photographs, illustrations, icons, audio clips, video clips, page layouts, design elements, software, source code, scripts, animations, data, and the selection, coordination, and arrangement of that material, is owned by, licensed to, or controlled by Oxide Construct Pty Ltd and is protected by Australian and international copyright, trade mark, design, and other intellectual property laws.

Subject to your compliance with these Terms, you may:

• •View, browse, and temporarily cache the Content in your web browser for the purpose of personal, non-commercial use.
• •Print or download a single copy of any individual page for your personal reference, provided you retain all copyright and proprietary notices.
• •Share a link to the Website on social media or in correspondence, provided that the link is not framed, masked, or used in a manner that suggests endorsement or affiliation that does not exist.

Except as expressly permitted above or by applicable law (including the fair dealing provisions of the Copyright Act 1968 (Cth)), you must not reproduce, republish, upload, post, transmit, distribute, modify, translate, create derivative works from, sell, licence, or otherwise commercially exploit any part of the Content without our prior written consent.

If you believe that any Content on the Website infringes your copyright or other intellectual property rights, please contact us at [email protected] with details of the alleged infringement, the affected material, and evidence of your ownership. We will investigate and respond promptly to any legitimate complaint.

The names "Oxide", "Oxide Construct", and "Oxide Construct Pty Ltd", together with our logos, taglines, brand colour palette (including the signature green colour-way used throughout the Website), iconography, and any other distinctive brand elements, are trade marks or unregistered marks of Oxide Construct Pty Ltd, whether or not formally registered with IP Australia.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our trade marks without our prior written consent. You must not:

• •Use any of our trade marks as part of your own business name, domain name, social media handle, product name, or marketing materials.
• •Use our trade marks in a manner that is misleading, deceptive, or likely to cause confusion as to the source, sponsorship, or affiliation of any goods or services.
• •Modify, adapt, recolour, or distort our trade marks or use them in combination with any other marks in a way that diminishes their distinctiveness or goodwill.

All other trade marks, service marks, and trade names referenced on the Website (including the names of insurers, suppliers, technology partners, and government agencies) are the property of their respective owners and are used for descriptive purposes only.

From time to time, you may submit content to us through the Website, including but not limited to project photographs, testimonials, reviews, suggestions, ideas, comments, claim documentation, work samples, or other materials ("User Content"). The following terms apply to any User Content you submit.

• •You retain ownership of any intellectual property rights you hold in your User Content. By submitting User Content, you grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in any media, in connection with operating, promoting, and improving the Website and our Services.
• •You warrant that you own or have all necessary rights, licences, consents, and permissions to submit the User Content, and that the use of the User Content as contemplated by these Terms will not infringe any third party's intellectual property, privacy, publicity, or other rights.
• •You waive any moral rights you may have in the User Content to the maximum extent permitted by Australian law, including the right to be identified as the author and the right to object to derogatory treatment.
• •We are under no obligation to use, store, publish, or compensate you for any User Content, and we may remove, edit, or refuse to publish any User Content at our absolute discretion.
• •If your User Content includes the image, voice, or personal information of any other person, you are responsible for obtaining their informed consent before submitting it.

Any feedback, ideas, or suggestions you provide about the Website or our Services are non-confidential and may be used by us for any purpose, without restriction or compensation.

We are committed to protecting your privacy and handling your personal information in accordance with the Privacy Act and the Australian Privacy Principles. Our full Privacy Policy explains what personal information we collect, how we use it, who we disclose it to, how we secure it, and how you can access or correct it.

In connection with your use of the Website, we may collect certain information automatically using cookies, log files, and analytics tools, including:

• •Technical information such as your IP address, browser type, device type, operating system, referring URL, and the pages you visit, which is used for security, troubleshooting, and audience measurement.
• •Aggregate and anonymised performance data via Cloudflare Web Analytics, a privacy-first analytics service that does not use cookies or fingerprinting and does not collect personally identifiable information.
• •Strictly necessary cookies that are required to operate features such as authentication, payment session management, and security, which cannot be disabled without affecting the functionality of the Website.

You can control or block cookies through your browser settings, but doing so may impair your ability to use certain features of the Website. By continuing to use the Website without changing your cookie settings, you consent to the use of cookies as described above and in our Privacy Policy.

The Website may contain links to, embed content from, or integrate with third-party websites, applications, and services that are not owned or controlled by Oxide Construct Pty Ltd. These third parties may include (without limitation):

• •Stripe — payment processing for Excess Payments.
• •Convex — the real-time backend infrastructure shared with the Assessmate Platform.
• •Cloudflare — hosting, content delivery, and analytics.
• •Sanity — the headless content management system used to publish editorial content.
• •Sentry — error monitoring and performance telemetry.
• •Resend — transactional email delivery for receipts and confirmations.
• •Insurer, broker, and government websites — linked from time to time for your reference.

Links to third-party services are provided for your convenience only and do not constitute an endorsement, recommendation, sponsorship, or affiliation by us. We do not control, monitor, or assume responsibility for the content, privacy policies, security practices, or business practices of any third-party service, and your use of any such service is at your own risk and subject to that third party's own terms.

We encourage you to review the terms of service and privacy policies of any third-party service before submitting personal information or completing a transaction. We are not responsible for any loss or damage of any kind incurred as a result of your dealings with any third party accessed through the Website.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that you may have under the ACL, the Competition and Consumer Act 2010 (Cth), or any other Commonwealth, State, or Territory law that cannot lawfully be excluded, restricted, or modified by agreement.

Where any term of these Terms is inconsistent with a non-excludable right or remedy, that term will, to the extent of the inconsistency, be read down or severed so as not to limit your statutory rights, and the remainder of these Terms will continue in full force and effect.

For information about your rights under the ACL, visit the Australian Competition and Consumer Commission at accc.gov.au or Consumer Affairs Victoria at consumer.vic.gov.au. Where these Terms refer to a limitation, exclusion, or disclaimer, that provision applies only to the maximum extent permitted by law and is always subject to your non-excludable rights.

Subject to the Australian Consumer Law section above and to the maximum extent permitted by law, the Website and all Content are provided on an "as is" and "as available" basis, without warranties or representations of any kind, whether express, implied, statutory, or otherwise.

Without limiting the generality of the above, we do not warrant or represent that:

• •The Website will be available continuously, securely, or without interruption, error, omission, or delay.
• •The Website or any servers or systems we use are free from viruses, worms, trojans, or other harmful components.
• •The Content is accurate, current, complete, reliable, or suitable for any particular purpose.
• •Defects in the Website will be corrected, or that any reliance on the Website will produce any particular result.
• •The Website is compatible with your device, browser, network configuration, or accessibility software.

This section relates only to your use of the Website. It does not affect any warranty, guarantee, or representation we give in connection with the building, repair, or restoration Services we provide under a separate construction contract or insurer instruction.

Subject to the Australian Consumer Law section above and to the maximum extent permitted by law:

• •Oxide Construct Pty Ltd, its directors, officers, employees, contractors, agents, suppliers, and licensors will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, business interruption, or any other intangible loss arising out of or relating to your access to or use of, or inability to access or use, the Website.
• •Our total aggregate liability to you for all claims arising out of or relating to the Website or these Terms (whether in contract, tort, including negligence, statute, or otherwise) is limited to the greater of (a) one hundred Australian dollars (AUD $100), or (b) the total amount you have paid through the Website in the twelve (12) months immediately preceding the event giving rise to the claim.
• •Where any liability cannot lawfully be excluded but can be limited, our liability is limited, at our option, to (a) in the case of services, the supply of the services again or payment of the cost of having the services supplied again, and (b) in the case of goods, the replacement of the goods, the supply of equivalent goods, or payment of the cost of replacement.

Nothing in this section limits or excludes any liability that cannot lawfully be limited or excluded, including liability for fraud, fraudulent misrepresentation, personal injury or death caused by negligence, or any non-excludable rights or remedies under the ACL or any other applicable law.

This limitation of liability applies only to your use of the Website. Our liability in connection with the building, repair, restoration, or other Services we provide under a separate contract is governed by the terms of that contract, the relevant insurer's instructions, and the law applicable to that contract.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Oxide Construct Pty Ltd, its directors, officers, employees, contractors, agents, suppliers, and licensors from and against any actual loss, damage, liability, cost, or expense (including reasonable legal fees on a solicitor-and-own-client basis) suffered or incurred as a direct result of:

• •Your breach of these Terms, including any of the prohibitions in the Prohibited Conduct section above.
• •Your wilful, fraudulent, or unlawful misuse of the Website or any part of its content, infrastructure, or integrations.
• •Your infringement of any intellectual property right, privacy right, or other right of any third party in connection with your use of the Website.
• •Any false, misleading, or deceptive information you provide through the Website, including in an enquiry, payment, or Trade Panel application.

This indemnity is reduced proportionately to the extent that any loss, damage, or liability is caused or contributed to by our own negligent act or omission, breach of these Terms, or breach of any law. This indemnity does not apply where it would be unenforceable as an unfair contract term under the ACL.

We use reasonable efforts to ensure the Website is available, fast, and secure, but we do not guarantee that it will be uninterrupted or free from error. We may, at any time and without notice:

• •Conduct scheduled or emergency maintenance, deploy updates, or apply security patches that may temporarily affect the availability of the Website or any of its features.
• •Modify, suspend, or discontinue any feature, page, or function of the Website, in whole or in part, with or without notice.
• •Restrict access to the Website from particular geographic regions, networks, or IP ranges where we reasonably believe such access poses a security or compliance risk.

We are not liable for any loss or inconvenience you may suffer as a result of the Website being unavailable, slow, or behaving unexpectedly, except to the extent that such loss is caused by our gross negligence or wilful misconduct or where liability cannot lawfully be excluded.

Neither party will be liable for any failure or delay in the performance of any obligation under these Terms (other than an obligation to pay money) to the extent that such failure or delay is caused by an event beyond that party's reasonable control, including:

• •Acts of God, natural disasters, fire, flood, storm, earthquake, bushfire, severe weather events, or other catastrophic events.
• •Pandemics, epidemics, public health emergencies, government-imposed lockdowns, or quarantine restrictions.
• •War, terrorism, civil unrest, riot, insurrection, or sabotage.
• •Cyber attack, distributed denial of service, ransomware, or malicious interference with the Website or its hosting infrastructure.
• •Failure or unavailability of essential infrastructure or third-party services, including electricity, telecommunications, internet, payment networks, or hosting providers.
• •Any act, order, law, regulation, embargo, or other action of a government or regulatory authority that prevents or materially delays performance.

The affected party will use reasonable endeavours to mitigate the effect of the event and to resume performance as soon as practicable. Where a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected obligation by written notice, without liability to the other.

We may suspend, restrict, or terminate your access to the Website (in whole or in part) at any time, with or without notice, and at our absolute discretion, including where we reasonably believe that:

• •You have breached, or are likely to breach, these Terms or any applicable law.
• •Your conduct poses a security, fraud, or operational risk to the Website, our other users, our staff, or the Assessmate Platform.
• •You have engaged in fraudulent, deceptive, abusive, or unlawful activity.
• •We are required to do so to comply with a court order, regulatory direction, or insurer instruction.

Upon suspension or termination, your right to access and use the Website immediately ceases. Termination does not affect any rights or liabilities that have accrued prior to termination, and the following sections survive termination: Intellectual Property, Trade Marks, User-Generated Content, Privacy, Disclaimers, Limitation of Liability, Indemnity, General Provisions, Governing Law, and any other provision that by its nature is intended to survive.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect, so far as is consistent with the original intent of the Terms.

Waiver. No failure or delay by us to exercise any right or remedy under these Terms operates as a waiver of that right or remedy. A waiver is only effective if it is given in writing and signed by an authorised representative of Oxide Construct Pty Ltd, and a waiver in one instance does not constitute a waiver in any other instance.

Assignment. You may not assign, novate, or otherwise transfer your rights or obligations under these Terms without our prior written consent. We may assign or novate our rights and obligations under these Terms to a related body corporate, a successor entity, or a purchaser of all or substantially all of our business or assets, without your consent.

No agency or partnership. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and us.

Entire agreement (website use only). These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and us in relation to your use of the Website, and supersede any prior agreements or representations on that subject. This clause does not apply to, and does not affect, any separate construction contract, subcontract, supplier agreement, insurer panel arrangement, or other written agreement we may have with you in connection with our Services.

Headings. Headings in these Terms are for reference only and do not affect the interpretation of the document.

You consent to receiving communications from us in electronic form, including by email to any address you have provided, by message displayed on the Website, or by any other electronic means we reasonably select. You agree that all such electronic communications satisfy any legal requirement that the communication be in writing, to the maximum extent permitted by the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Victoria) Act 2000.

Any formal legal notice you wish to give us must be in writing and addressed to:

Notices sent by email are deemed received on the next business day in Victoria after sending, provided that no delivery failure notification is received. Notices sent by registered post are deemed received three (3) business days after posting. You must keep your contact details current to ensure you receive any notices we send.

These Terms are governed by and construed in accordance with the laws in force in the State of Victoria, Australia. Oxide Construct Pty Ltd is a Victorian licensed builder (licence CDB-U 76013) operating from South Melbourne, Victoria, and the Website is intended primarily for visitors located in Australia.

You and Oxide Construct Pty Ltd each irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them, in respect of any proceedings arising out of or in connection with these Terms or your use of the Website. You waive any objection to the venue of those courts on the grounds of inconvenient forum.

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute in good faith through the following process:

• •Step 1 — Written notice. The party raising the dispute must give written notice to the other party setting out the nature of the dispute, the relevant facts, and the outcome sought.
• •Step 2 — Negotiation. Senior representatives of each party will meet (in person or by video conference) within fourteen (14) days of the notice and use reasonable endeavours to resolve the dispute by direct negotiation.
• •Step 3 — Mediation. If the dispute is not resolved within twenty-eight (28) days of the notice, the parties will refer the dispute to mediation administered by the Resolution Institute or another accredited mediator agreed in writing.
• •Step 4 — Litigation. Only if mediation fails or one party refuses to participate may the dispute be referred to the Victorian courts.

Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief from a court at any time. Nothing in this section limits any rights you may have to make a complaint to a regulator, including Consumer Affairs Victoria, the Victorian Building Authority, the Australian Financial Complaints Authority, or any insurer's internal dispute resolution scheme.

We may modify, update, supplement, or replace these Terms at any time and at our sole discretion to reflect changes in our Website, our Services, our integrations with third parties, applicable laws, regulatory requirements, or our internal practices. The "Last updated" date at the top of this page indicates when these Terms were last revised, and is the authoritative reference for the current version.

Where we make a material change to these Terms, we will use reasonable efforts to bring the change to your attention in advance, by means such as a notice on the Website, an email to any registered users, or a banner on relevant pages. Non-material changes (such as typographical corrections, formatting, or clarifications) may be made without prior notice.

Your continued access to or use of the Website after the effective date of any change to these Terms constitutes your acceptance of the revised Terms. If you do not agree with any change, your sole remedy is to stop using the Website. We recommend you review this page periodically to stay informed of any updates.

Oxide Construct Pty Ltd is committed to making the Website accessible to all visitors, including people with disabilities. We aim to meet or exceed the conformance requirements of the Web Content Accessibility Guidelines (WCAG) 2.2 at Level AA, in line with the principles of the Disability Discrimination Act 1992 (Cth).

If you experience an accessibility barrier when using the Website, or if you have a suggestion for how we could improve accessibility, please contact us at [email protected] or on 1800 568 953. We will acknowledge your feedback within five (5) business days and do our best to resolve any genuine accessibility issue as quickly as practicable.

If you wish to lodge a complaint about the Website, our Services, our staff, or our handling of your personal information, you may do so by contacting us using the details in the Contact section below. We will treat all complaints with respect and confidentiality, investigate fairly, and respond in writing within a reasonable time. If you are not satisfied with our response, you may escalate your complaint to:

• •Consumer Affairs Victoria — for complaints about consumer issues, including building work disputes.
• •The Victorian Building Authority — for complaints about licensed building work or builder conduct.
• •The Office of the Australian Information Commissioner — for complaints about privacy or the handling of personal information.
• •The Australian Human Rights Commission — for complaints about disability discrimination or accessibility.