Terms of service

These terms are an agreement between you and Ben Inspecs Pty Ltd (ABN 35 684 183 471), trading as BuyIQ ("we", "us", "our"), for your use of FastAccept. By creating an account or using FastAccept you agree to these terms. You agree that these terms, notices and records may be given and kept electronically (Electronic Transactions Act 2000 (NSW)).

Your consumer rights. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified ("Non-Excludable Rights"). Every clause of these terms is to be read subject to them.

1. The service

1.1 FastAccept is software that, when you switch it on, acts in the job panel account you connect ("Panel Account") to accept inspection jobs offered to that account which match rules you set ("Your Rules"). For each accepted job it drafts an email to the strata manager, sets out booking details and records the job so you can track and export it.

1.2 Drafts only. FastAccept drafts emails and prefills information for your review. You are responsible for checking and sending them. We do not send emails to strata managers for you.

1.3 No guarantee of jobs. FastAccept can only act on jobs offered to your Panel Account while the service is running and your plan allows it. We do not promise any number, type or value of jobs, or that any job will be accepted.

1.4 Third-party panels. Job panels are operated by third parties we do not control. A panel may change its site, its terms or your access at any time, and this may stop FastAccept working in whole or part. We will use reasonable efforts to restore the service but are not responsible for a panel's decisions.

2. Your Panel Account, your authority and your jobs

2.1 You warrant that (a) the Panel Account is yours or you are authorised by its owner to connect it, (b) you are authorised to let FastAccept accept jobs on your behalf, and (c) using FastAccept with the Panel Account does not breach any agreement you have with the panel or anyone else.

2.2 You appoint us as your limited agent solely to accept jobs matching Your Rules in your Panel Account. We act only on Your Rules and only while you have FastAccept switched on.

2.3 Accepted jobs are your commitments. Every job accepted under Your Rules is accepted by you. You are responsible for completing it, or for declining or cancelling it in line with the panel's terms, and for any fees, penalties, ratings or consequences that follow. Set and review Your Rules carefully.

2.4 You can pause accepting, change Your Rules or disconnect your Panel Account at any time. Changes apply to jobs offered after the change is saved.

3. Free trial

3.1 Your free trial starts when your Panel Account is first verified and ends after 48 hours or 5 accepted jobs, whichever comes first. One trial per Panel Account and per person. No payment details are needed. When the trial ends, accepting stops until you choose a plan.

3.2 We may refuse or end a trial if we reasonably believe it is being used to obtain more than one trial.

4. Plans, prices and payment

4.1 Prices. All prices are in Australian dollars and, unless stated otherwise, exclude GST; 10% GST is added at checkout. We are registered for GST and will issue a tax invoice for each payment.

4.2 Billing. Plans are billed monthly in advance by Stripe. We never see or store your full card number. By subscribing you authorise recurring charges until you cancel.

4.3 Weekly allowance. Each plan includes a weekly job allowance, from Monday 00:00 to Sunday 23:59 (Sydney time). When it is used, accepting stops until the next week or until you buy a top-up.

4.4 Top-ups cost $13 plus GST ($14.30 including GST) per job and can be used until the end of the week in which you buy them. Unused top-up jobs lapse at the end of that week and are not refundable, except as required by law.

4.5 Cancelling. You can cancel at any time in the billing portal. Your plan continues to the end of the period you have paid for and then stops. Fees already paid are not refundable, except where these terms or the law say otherwise.

4.6 Failed payments. If a payment fails, accepting continues for 3 days while you update your card, then pauses until payment succeeds. We may suspend your account if an amount remains unpaid for 14 days after we notify you.

4.7 Price changes. We will give you at least 30 days' notice by email before a price change for your plan takes effect. If you do not accept the change you may cancel before it takes effect, and it will not apply to you.

5. Your data and our licence

5.1 You own your job records, Your Rules and exports ("Your Data"). You can export Your Data at any time while your account is open.

5.2 You grant us a non-exclusive licence to use Your Data only to provide, secure, support and improve FastAccept, and as set out in our Privacy Policy.

5.3 You confirm you are entitled to give us any personal information about other people (for example strata managers' contact details) that you or your panel give us, and that you have told them how it will be handled where the law requires.

5.4 Our property. FastAccept, its software, design and content are owned by us or our licensors. We grant you a non-exclusive, non-transferable, revocable right to use FastAccept for your own business during your subscription. You must not copy, modify, reverse engineer or create derivative works of FastAccept except as allowed by law.

5.5 Feedback. If you give us suggestions or feedback, we may use them freely and without any obligation to you, and any improvement we make remains ours.

5.6 No other rights. Except for the limited right in clause 5.4, no rights in our software, trade marks (including FastAccept and BuyIQ), know-how or other intellectual property are transferred or licensed to you.

6. Acceptable use

You must not: (a) use FastAccept with an account you are not authorised to use; (b) access or attempt to access another customer's data; (c) probe, scan, overload or disrupt the service or bypass its security; (d) resell, sublicense or share access without our prior written consent, which we may withhold in our absolute discretion; (e) use FastAccept to breach any law or anyone's rights; (f) use any robot, scraper, crawler or other automated means to access, copy or extract data from FastAccept, other than FastAccept's own features; or (g) use FastAccept, its content or its outputs to train or improve any artificial intelligence or machine learning model, or to build or benchmark a competing product or service. We may suspend or close an account that does any of these, and where practicable we will tell you why.

7. Availability and changes to the service

7.1 We aim to keep FastAccept available but do not promise uninterrupted or error-free operation. We may carry out maintenance, and may change features where reasonably necessary to protect the service, comply with law or respond to a panel's changes.

7.2 Events outside our control. We are not responsible for delay or failure caused by events beyond our reasonable control, including panel outages or changes, internet or hosting failures, cyber attacks we could not reasonably prevent, or government action.

8. Liability

8.1 Non-Excludable Rights apply first. Where our services are ones for which the ACL allows our liability for a failure to comply with a consumer guarantee to be limited (ACL s 64A), our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

8.2 To the extent permitted by law, and subject to clause 8.1: (a) we are not liable for jobs missed, not accepted or accepted in accordance with Your Rules; for decisions a panel makes about your Panel Account; for emails or information you send after reviewing a draft; or for any loss of profit, revenue, opportunity, data or goodwill, or any indirect or consequential loss; and (b) our total liability arising out of or in connection with FastAccept is limited to the fees you paid us in the 3 months before the event giving rise to the claim.

8.3 Nothing in this clause limits liability for death or personal injury caused by our negligence, or for our fraud.

9. Indemnity

You indemnify us against any claim, loss, penalty or cost (including reasonable legal costs) arising from: (a) your use of FastAccept; (b) your breach of these terms, including clause 2.1 or clause 6; (c) your breach of a panel's terms or any agreement relating to your Panel Account; or (d) jobs accepted under Your Rules — except to the extent the loss is caused by our breach of these terms, our negligence or our fraud.

10. Suspension and ending the agreement

10.1 You may close your account at any time.

10.2 We may suspend or close your account on notice if you materially breach these terms and do not fix the breach within 7 days of our notice, or immediately if the breach involves unauthorised access, security risk or unlawful use.

10.3 We may end the service for all customers on at least 30 days' notice, and will refund any fees paid for periods after it ends.

10.4 Clauses 5.4 to 5.6, 8, 9, 11 and 12 survive the end of this agreement.

11. Changes to these terms

11.1 We may update these terms. For a material change that could adversely affect you, we will give you at least 30 days' notice by email and in the app. If you do not agree, you may cancel before the change takes effect and we will refund any fees paid for the period after it takes effect.

11.2 Changes that are not adverse to you (for example clarifications or new features) may take effect when published.

12. Complaints, disputes and law

12.1 Please contact us first at support@buyiq.net. We will acknowledge a complaint within 2 business days and aim to resolve it within 15 business days.

12.2 If a dispute arises, the party raising it must give the other written notice, and both must negotiate in good faith for at least 14 days from that notice. If it is still not resolved within 30 days of the notice, either of us may refer it to mediation in Sydney before starting court proceedings (except for urgent interim relief).

12.3 These terms are governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts sitting there.

12.4 If any part of these terms is invalid or unenforceable (including as an unfair term), it is severed and the rest continues to apply.

13. Contact

Ben Inspecs Pty Ltd (ABN 35 684 183 471) t/a BuyIQ · support@buyiq.net · Sydney, NSW 2020