Terms & Conditions

Website Terms

These terms apply to use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification in this web site. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Copyright © 2019 Ausbuild Pty Ltd . Copyright in this website subsists under the Copyright Act 1968 (Cth). It is owned by Ausbuild Pty Ltd unless otherwise stated. All rights reserved. You are provided access to this website for personal use only. You may print a copy of information contained on this website for your personal use, unless such printing is expressly prohibited. You may not on-sell or otherwise commercialise any information obtained from this website. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as expressly authorised by these terms and conditions, no part of this website may be otherwise reproduced, adapted, stored, distributed, printed, displayed, performed, published, communicated or transmitted in any form or by any means or process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of Ausbuild Pty Ltd.

Links to other websites

Links from ausbuild.com.au to other sites are outside of the control of Ausbuild and are for the convenience of the user. Such links are not officially endorsed by Ausbuild. We are not responsible for the content or privacy practices of any such website.

Disclaimer of liability

Whilst we make every effort to ensure the accuracy of all details within our site, no warranty can be given by the company or its agents regarding the accuracy, adequacy or completeness of any information presented. Intending purchasers should make their own inspections and enquiries.

Photographs or rendered impressions are indicative only. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Ausbuild Pty Ltd accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this website or any linked website or your reliance on any information contained or accessed through this website. This disclaimer does not attempt or purport to exclude liability arising under statute or law if, and to the extent, such liability cannot be lawfully excluded.

Marketing Terms

Ausbuild reserves the right to contact you for marketing purposes if you have engaged in an exploratory activity regarding the purchase of our products and services, including activities such as visiting sales centres or land sites, touring display homes, inquiring online via our website, or engaging with one of our sales and marketing team members directly via email, phone or in person. By conducting in these activities you are providing Inferred Permission and it is reasonable to believe you expect to receive marketing from our business.

Ausbuild may send you direct marketing communications and information about:

• products, services, discounts, competitions and special promotions that we consider may be of interest to you;
• offers or promotions based on how you use our products and services;
• other companies' products and services (including offers and discounts we've specially negotiated for our customers) we think may interest you, if you've chosen to receive this information.

These communications may be sent in various forms, including by telephone, post, fax, email, SMS or by other forms of electronic messages. You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will try to use that method whenever practical to do so.

In addition, at any time you may opt-out of receiving marketing communications from Ausbuild by contacting us (see the details below) or by using any opt-out facilities provided in the marketing communications. If you opt-out using the opt-out details specified in a marketing communication, we will ensure that your name is removed from the mailing list that we used to send you that particular communication. If you wish to opt-out of other (or all) marketing communications or mailing lists, please see below.

You opt-out of other marketing communications any time.

You can opt out if you prefer to not receive direct marketing communications about our latest products, services, promotions and offers. You may wish to opt-out of selected mailing lists or all Ausbuild mailing lists.

In order to opt-out, please contact our Privacy Officer via privacy@ausbuild.com.au

Please note that, if Ausbuild is currently providing you with services or products, Ausbuild will still need to send you essential information about your account, the relevant services or products and other information required by law.

Trade Mark Terms

This website contains trade marks which are protected by law. Ausbuild Pty Ltd is the owner or authorised licensee of the following trade marks that appear on this website (Ausbuild's Trade Marks):

Work Health & Safety (WHS) Terms

Clients, potential Clients and other Visitors are not permitted to enter Ausbuild construction sites unless they have made a prior access appointment to meet with an Ausbuild staff member or a suitably qualified representative (for example a subcontractor or supplier for a specific reason like a tile meeting).

The Ausbuild staff member or representative must hold evidence of having completed the legislative required general construction induction training (Queensland White/Blue or another State’s recognised card) and Ausbuild’s Site Safety Induction.

High Risk Construction Work

Visitors must not enter any areas where they could be at risk of being exposed to ‘high risk construction work’ being carried out on site. Examples of this would be the “operating envelope” of a crane lifting materials, any powered mobile plant (e.g. excavator, bobcat) being operated nearby, any actions at a height of more than 2 meters including climbing a ladder, entering scaffolding (even scaffold stairs) or where objects could fall down onto a person.

Drones

No client or visitor shall use a drone of any type without first obtaining written approval from Ausbuild.

Duties of a visitor

Section 705 of the WHS Regulation (Qld) 2011 states that any person at a workplace, including clients and other visitors, must take reasonable care of their own health and safety and of others who may be affected by their actions or omissions. Visitors must also obey any reasonable instructions given by an authorised Ausbuild representative and includes complying with any safety signs and observing any exclusion zones that may be enforced on site.

Children & Pets

Children (under 16) or pets of any kind are not permitted on site at any time. No exceptions. If children or pets enter the subdivision in a vehicle, then they are required to remain in the vehicle for the entire duration of the visit.

Personal Protective Equipment (PPE)

Clients and visitors must wear high visibility vests/clothing when they are directed to by Ausbuild.
Footwear must ALWAYS be fully enclosed (closed toe). Thongs and sandals are not permitted.
Hard Hats are not required because visitors must not be allowed to enter any high risk construction work areas.

Smoking

No smoking is allowed inside Ausbuild dwellings as of frame stage. Smoking is allowed outdoors only and it is important to ensure butts are fully extinguished and then place discarded butts in the rubbish cages.

Site Emergency and/or Evacuation Instructions

The chance of a site emergency and/or evacuation occurring during a visit to site is very remote. If an emergency occurs which requires evacuation of the site, then please remain calm and make your way to the safest and most direct route to a final exit and then assemble at a safe area e.g. footpath or adjacent vacant block.

In all emergencies and serious incidents, the priorities (listed in decreasing order of importance) are:

• to preserve the health and safety of nearby people

• to render assistance to casualties, particularly by obtaining help from trained personnel (e.g. First Aiders, Ambulance Officers)

• to preserve the scene (relevant evidence) for any investigation

• to report the incident to an Ausbuild Supervisor or the WHS Team by phone as soon as reasonably practicable to determine whether the incident is a “notifiable incident”

• do not leave site until instructed to do so by the WHS Team or higher authority (e.g. director or police)

Injuries/Hazards

Any injuries, unsafe conditions including a “near miss”, no matter how minor, must be reported immediately to the WHS Team, 07 3245 6000.

Building Terms

Energy Efficiency

a. A minimum 7-star equivalent energy rating and at least 60/100 NatHERS Whole of Home (WoH) rating is required for all new homes by the National Construction Code 2022 (NCC), which is housed in the Building Code of Australia and given legislative effect in Queensland by the Queensland Development Code (QDC).

b. The contract price for a home is based on a standard base plan located in South-East Queensland with a light coloured roof, wall, and window frame selection. Some homes may not comply with the NCC requirements due to modifications, selected home options, site conditions, selected dark colour schemes whether internal or external, selected façade, and/or orientation of the home. Extra costs may apply for additional or upgraded materials and/or components required to achieve compliance with the NCC requirements. These changes will be identified by an energy assessment of the home conducted prior to the building approval. Any costs of these consequential changes will be raised as a variation to the contract price.

c. In these terms and conditions:

i. A “7-star equivalent energy rating” includes homes with a complying alfresco that receive a nominal credit of 0.5 to 1 star in accordance with the QDC. Where a home receives a nominal credit, the NatHERS certificate that is issued after the energy assessment may reflect less than 7-stars due to limitations in current energy assessment software, however, with the application of the nominal credit, the rating is deemed to be equivalent to 7-stars and will be accompanied by a Form 15 (Compliance Certificate) confirming compliance with the NCC.

(ii) “Light colour” includes any colour with a solar absorptance of 0.4 or less, calculated in accordance with ASTM E 903-96.

Sales Use Plan of Development

Sales Use Plan of Development are indicative only, the details of which are based on plans approved by the local government as part of the development approval and are subject to change without prior notice as development progresses. Pad level are rounded and may differ to final levels. Greenspace, park, playgrounds, street trees and other landscaping is shown for illustrative purposes only and may not reflect final outcomes. Refer to Ausbuild's relevant estate website to obtain a site-specific Disclosure Plan and Disclosure Statement that will include the relevant development approval and approved plans that identify, where relevant, pad levels, setbacks and any building envelope, covenant or other restricted building area, as well as the building essentials and other development and building conditions.

Building Envelope Plans

This Building Envelope Plan, the details of which are based on plans approved by the local government as part of the development approval and are subject to change without prior notice as development progresses. Lot areas are rounded and may differ to final lot areas. Greenspace, park, playgrounds, street trees and other landscaping is shown for illustrative purposes only and may not reflect final outcomes. Refer to Ausbuild's relevant estate website to obtain a site-specific Disclosure Plan and Disclosure Statement that will include the relevant development approval and approved plans that identify, where relevant, site areas, setbacks and any building envelope, covenant or other restricted building area, as well as the building essentials and other development and building conditions.

COVID Guidelines

Ausbuild is committed to providing a safe workplace for our employees and visitors and have steps in place to minimise workplace risk. We require all visitors entering our workplace or work sites to acknowledge and agree to our declaration regarding their health and recent travel movements.

If you are showing any cold or flu-like symptoms prior to your site visit please remain at home.

COVID DECLARATION

I declare that;

• I have not returned from overseas travel in the last 14 days
• I have not come into contact with any COVID diagnosed person
• I am not awaiting the results of any COVID tests
• I do not have a temperature over 37 degrees
• I do not have a cough, sore throat or am suffering from shortness of breath
  

WHEN ONSITE OR IN THE OFFICE

• Wash your hands with soap and water, or hand sanitiser before and after your site visit
• Cover your nose and mouth when you cough or sneeze
• Avoid shaking hands or touching your eyes, face and mouth
• Keep a 1.5 meter distance from other people

Please check out Novel coronavirus (COVID-19) | Queensland Government for any new updates or requirements as regulated by the Queensland Government.

Home Warranty Cover

Once you take ownership of your new home you can relax knowing that one of your most valuable assets is now covered by a range of covers warranty plans. Covers and Warranties start and stop at different times and cover different elements of your home. The general types of cover are detailed below.

New Home Cover

Period: Active for 30 days from your Practical Completion Inspection Date.

You're home up of many parts, and while we have stringent quality inspection processes, small items can sometimes need some attention after you move in. This is why we have our New Home Cover. Once you move in you may notice something that needs our attention, which is not uncommon with any new home, so please alert your Building Administrator we they will look into it for you.

This cover also addresses any items outstanding and identified at Practical Completion Inspection stage by either you (the Client) or an Ausbuild Building Supervisor.

Live-in Home Warranty

Period: Active for 1 Year from Practical Completion Inspection Date.

As your home settles down and starts to feel the pressure of everyday life. It may show signs of minor movement and settlement. Our Live-in Home Warranty is built to cater for these growing pains. If you identify a problem and it needs urgent attention, then simply log immediately. If the problem is a minor and causing minimal inconvenience, we ask that you keep a record and lodge it at either your 6-month mark or your 11-month mark. A member of our Home Maintenance team will be in contact with a reminder your 6-moth Maintenace is due.

Definition: Covers non-structural defect building work that is faulty or unsatisfactory, and includes, work that:
(a) does not comply with the Building Act 1975, Building Code of Australia or an applicable Australian Standard
(b) involves the use of a manufactured product, and that product has been used, constructed or installed in a way that does not comply with the product manufacturer’s instructions.

Queensland Home Warranty

Period: Active for 6 years + 6 Months from Practical Completion Certificate Date and Activated when premium is paid.

Your Queensland Home Warranty is legislated by the QBCC (Queensland Building and Construction Commission) and is in place to ensure your home meets its structural warranty requirements. It is uncommon, but if your home does show any structural failures, we'll send our inspectors to investigate the possible cause and determine a course of action. Some structural movements are failures are not necessarily at fault to the builder.

Definition: Covers loss for: Non-completion; Vandalism and forcible removal; Fire, storm and tempest; Defective construction; and Subsidence or settlement of the insured work referred to in the certificate of insurance.
Defective building work that is faulty or unsatisfactory includes work that:
(a) does not comply with the Building Act 1975, Building Code of Australia or an applicable Australian Standard
(b) involves the use of a manufactured product, and that product has been used, constructed or installed in a way that does not comply with the product manufacturer’s instructions.

Terms of Reference – The Ausbuild Community Fund (Moreton Bay) Review Panel

Introduction and Purpose

Ausbuild Pty Ltd ABN 76 464 427 (Ausbuild) launched its local community grant program in early 2022 in the Moreton Bay region, known as The Sanctuary Community Fund. The community-building grant program provided $100,000 over two funding rounds in 2022 to local sports, community clubs, projects and charities across Warner, Eatons Hill, Albany Creek, Bray Park and Strathpine, being areas that directly surround Ausbuild’s Warner master planned community, The Sanctuary.

Fourteen community initiatives benefited from the two rounds of funding, which provided much needed resources for school facilities, equipment and uniforms for community clubs, and a program for vulnerable young mothers.

In 2023, Ausbuild is renewing and extending the grant program to include the whole of the Moreton Bay Local Government Area. With this expansion to benefit all of the Moreton Bay community, the program is being re-launched as The Ausbuild Community Fund (Moreton Bay) Grant Program (Program).

The purpose of the Program is for Ausbuild to provide financial assistance in the form of a grant from the Ausbuild Community Fund (Moreton Bay) (ACF (Moreton Bay)) to local entities interested in responding to local challenges or opportunities through an initiative, project or activity (Initiative) that strengthens social connections, contributes to sustainable growth, community capability and capacity, and supports the long-term health and wellbeing of the region and its people.

Ausbuild will administer the Program and select grant recipients at its discretion, with funding recommendations from The Ausbuild Community Fund (Moreton Bay) Review Panel (Review Panel).

The Review Panel consists of members from The Sanctuary Community Reference Group (CRG) in Warner and members of the Moreton Bay community, and forms part of Ausbuild’s commitment to meaningful engagement and open, transparent communication with the whole of the Moreton Bay community.

Objectives and Scope

The objective of the Review Panel is to assess applications made for grants under the ACF (Moreton Bay) and provide recommendations to Ausbuild about grant recipients.

The Review Panel will favour applications that clearly demonstrate the aim and objectives of the ACF (Moreton Bay), in particular, those that:

• maximise the delivery of local projects or programs that support the region’s sustainable growth
• foster happy, healthy and connected communities by supporting the wellbeing of the region’s current and future residents; and
• protect and enhance the local natural environment.

The scope of the ACF is further outlined in The Ausbuild Community Fund (Moreton Bay) Grant Program Guideline, available from the Ausbuild website.

Powers of the Review Panel

The Review Panel provides information, advice and views and, where sought, recommendations to Ausbuild. The group has the opportunity to influence Ausbuild’s decision making, however, does not have decision making authority.

Membership

Membership on the Review Panel is voluntary. Membership will consist of:

• A maximum of two (2) community members from the Moreton Bay Local Government Area, all of whom are appointed through the Expression of Interest process in these Terms of Reference
• A maximum of six (6) members of the CRG, all of whom are appointed through the Expression of Interest process in the Terms of Reference
• A Chairperson, to be an Ausbuild Senior Development Manager
• A Facilitator, to be a third-party community relations expert.

Member Responsibilities

By virtue of applying to and participating in the Review Panel, members will:

• Attend and participate at review and recommendation meetings
• Adhere to these Terms of Reference
• Represent broad community views
• Not disrupt proceedings of the Review Panel or Ausbuild’s general business
• Provide information and advice to Ausbuild on ACF (Moreton Bay) applications.

Term

The term of membership is one (1) year, subject to compliance with these Terms of Reference. It is expected that there will be two (2) meetings (of approximately 1 hour each) of the Review Panel over the 12-month term, plus a 1-hour onboarding session undertaken virtually with the Facilitator.

Vacancy

In the event of member vacancy, the Chairperson may appoint a new member by revisiting unsuccessful EOI applications or through an advertising process.

Termination

A member may be removed from the Review Panel if they:

• are absent from one of the two meetings of the Review Panel
• breach these Terms of Reference, by decision of the Facilitator, who will formally notify the member in writing.

Any decision to terminate a member’s participation will be at the sole discretion of the independent facilitator and no discussion will be entered into.

Members may terminate their own membership at any time. Notice of membership termination must be provided in writing to the Facilitator.

Quorum

Where a decision of the Review Panel is required, judgement will favour the majority with consideration given to recommendations for initiatives spread fairly across the Moreton Bay Local Government Area.

Expression of Interest Process

Membership on the Review Panel will be advertised and managed through an Expression of Interest (EOI) process to be undertaken every 12 months or as required by Ausbuild.

Interested community members will be required to complete an EOI application to be considered for membership. Submissions will be assessed by a panel comprising an Ausbuild team member, a relevant project consultant, and an independent facilitator based on eligibility criteria, and responses to selection criteria.

The EOI will be advertised on the Ausbuild website, and in local newspapers for two (2) weeks.  Ausbuild will also write to a cross section of community leaders (such as schools, sporting clubs, businesses and recreation providers) to ensure broad awareness of the Review Panel and encourage membership.

Interested members will be required to submit an EOI application, meeting the eligibility and selection criteria, by the due date stipulated in the advertisement. Successful and unsuccessful applicants will be notified in writing.

Eligibility Criteria

Other than the members of CRG, an applicant for the Review Panel must:

• Be 18 years or older
• Reside within the Moreton Bay Local Government Area
• Not be a current Local member of Parliament (MP) at the State or Federal level, or a Local Councillor
• Not have an undisclosed Conflict of Interest (see definition, below) with Ausbuild or its developments within the Moreton Bay Local Government Area.

Conflict of interest

A conflict of interest may occur where a member of the Review Panel has personal interests that could improperly influence, or be seen to influence, their ability to act objectively and in the interest of the efficient functioning of the Review Panel.

Selection Criteria

Applicants will need to respond to questions relating to their interest in becoming a member of the Review Panel. The questions will be outlined in the EOI and published on the Ausbuild website. Responses to these questions will be scored using the following rating system:

Representation

Where possible, the Review Panel aims to be representative of the community’s diversity in demographics, interests and knowledge including:

• Age
• Gender
• Cultural background
• Family structure.

Meetings

Frequency

Meetings will be held at the conclusion of each funding round application period. Meetings will be held at a local venue or virtually via Microsoft Teams, or a combination of both.

Agenda and Outcomes

The meeting agenda will be distributed one week in advance of the meeting, with funding applications assessed through Ausbuild’s account on the SmartyGrants platform. A summary report of each meeting will be made public on the Ausbuild website.

Stipend

Review Panel members will receive a stipend to the value of $125 for each meeting they attend to compensate their time, travel and meal costs and recognise the value of their contribution. This stipend applies to both virtual and in-person meetings. The stipend is also paid in reflection of the time required to provide a review and recommendations for a funding round of the Program. Members may opt to donate the funds if they wish (or if required by their organisation) to a school, charity or community organisation of their choice.

Conduct

Members of the Review Panel are required to:

• Act with honesty, good faith and integrity
• Abide by these Terms of Reference
• Declare any actual or perceived conflicts of interest at the commencement of every meeting
• Represent the interests of the local community rather than individual interests or issues
• Maintain confidentiality of discussions within meetings.

Members are not permitted to liaise with the media and represent either the opinions of Ausbuild or the Review Panel. Members must not use the Review Panel for any public lobbying or political purposes, including use of social media to promote specific campaigns or strategies. Any material or actions that breach this code of conduct will result in immediate termination of membership.

Members cannot use any information disclosed at meetings for personal purposes or gains for either themselves or others (including financial gains) and must maintain confidentiality of all information provided.

Review

These Terms of Reference will be reviewed annually.

The Ausbuild Dolphins NRL Community Partner Opportunity Terms and Conditions (2024)

PART A – GENERAL TERMS

1. These Terms and Conditions govern The Ausbuild Dolphins NRL Community Partner Opportunity run by Ausbuild Pty Ltd (Ausbuild) ACN 010 138 860 (Ausbuild).

2. In 2023, Ausbuild became an official community partner of the Dolphins NRL. After a successful year of offering informal opportunities to local community groups to attend a Dolphins NRL home game, participate in the Guard of Honour and utilise the game as an opportunity to fundraise, Ausbuild has decided to bring it back for the 2024 season.

3. The purpose of the opportunity is for Ausbuild to share some of the benefits it receives from being the Official Community Partner of the Dolphins NRL for the 2024 season with community organisations that operate in the Moreton Bay region.

4. The aim of the opportunity is to:

a. support local community groups and people doing extraordinary things in the Moreton Bay region; and

b. foster happy, healthy and connected communities by supporting the well-being of the people who volunteer their time for the benefit of the region.

6. By making an expression of interest application and if successful, participating in the Opportunity, an Applicant acknowledges and agrees that it has read, understood, and accepted these Terms and Conditions. 

7. The makeup of the deliverable items that form part of the Opportunity offered to a successful Applicant will be determined by Ausbuild in its sole and absolute discretion but will comprise one or more of the items specified in Item 1 of the Schedule (Deliverable Items).

8. Ausbuild uses third parties to assist in administering the Opportunity, including with respect to the following:

a. administering Ausbuild’s application platform;

b. providing validation, process and distribution; and

c. contacting an Applicant where required during the application process to seek clarification or further information about an application.

PART B – AUSBUILD’S DETAILS 

9. Ausbuild’s address is 2 Pittwin Road North, Capalaba, Qld, 4175.

10. References to Ausbuild in this document include where relevant any permitted assign, partner, consultant or contractor of Ausbuild.

PART C – ELIGIBILITY

11. To be eligible to apply for the Opportunity, an Applicant must meet the criteria in Annexure A.

PART D – HOW TO APPLY

12. An Applicant must, on or before COB 19 February 2024 complete an online expression of interest for the Opportunity (Application) by taking the following steps:

a. visiting the Opportunity website at https://www.ausbuild.com.au/dolphins-nrl-2024;

b. completing the Application;

c. providing all the details identified as “a required field” in the Application;

d. clicking ‘Submit’.

13. The submission period for lodging an Application commences and closes on the dates specified in Item 2 of the Schedule (Application Period).

14. There is no application fee to lodge an Application.

15. The terms of submitting an Application are as follows:

a. an Applicant cannot submit more than two (2) Applications in total for the Opportunity;

b. each Applicant must meet the criteria in Annexure A;

c. each Applicant must provide all details requested in the Application and in the form determined by Ausbuild in its absolute discretion. 

16. The time of lodgement of an Application will in each case be the time the Application is received by the server of the online application platform.

17. Ausbuild has an unrestricted, irrevocable, transferable, divisible right and licence to use an Application for the purpose of Ausbuild’s business without the payment of any fee or compensation. An Applicant agrees to sign any further documentation required by Ausbuild to give effect to this arrangement as a precondition to being awarded the Opportunity.

18. To the extent permitted by law, an Applicant unconditionally and irrevocably consents to any act or omission that would otherwise infringe any moral rights in their Application.

19. An Application cannot be modified by an Applicant after it has been submitted unless the Applicant’s details change during the Application Period. Should an Applicant’s details change during the Application Period, it is the Applicant’s responsibility to notify Ausbuild. A request to access or modify any information provided in an Application should be directed to Ausbuild at marketing@ausbuild.com.au in the first instance and only during the Application Period.

20. Ausbuild, its employees, representatives and agents will not be liable for any lost, late, incomplete or misdirected Application including but not limited to delays in the delivery of an Application due to technical disruptions, network congestion or for any other reason.

21. Ausbuild may in its absolute discretion deem an Application which is not completed and submitted in accordance with these Terms and Conditions, or which is incomplete or indecipherable or which is received after the Application Period ends, to be invalid and may exclude such Application from consideration for the Opportunity.

22. Ausbuild may in its absolute discretion provide deadline extensions, seek clarification, or accept an incomplete Application from any or all Applicants and is under no obligation to communicate such allowances to other Applicants.

PART E – JUDGING OF APPLICATIONS

23. All valid Applications will be judged by Ausbuild to determine (in its absolute discretion) a shortlist of Applicants who will be considered for the Opportunity. Judging will take place between the dates specified in Item 3 of the Schedule (Judging Period).

24. Each Application will be individually judged based on the eligibility and selection criteria set out in Annexure A.

25. Chance plays no part in determining the shortlisted Applicants.

26. During the Verification Period specified in Item 4 of the Schedule, Ausbuild may contact a shortlisted Applicant to verify, clarify, or request further information and documents which Ausbuild deems relevant for the purpose of judging or verifying their Application, the eligibility of the Applicant, awarding the Opportunity or any other purpose relating to the Opportunity. An Applicant who is not contactable or fails to provide the requested verification, clarification, documentation or further information will be deemed ineligible and excluded from the Opportunity. If a shortlisted Applicant is deemed ineligible, Ausbuild may in its sole and absolute discretion offer the Opportunity to another Applicant.

27. Ausbuild may in its sole and absolute discretion offer the Opportunity to one or more shortlisted Applicant on or before the end of the Verification Period specified in Item 4 of the Schedule.

28. A shortlisted Applicant that is offered the Opportunity (Successful Applicant) will be notified by Ausbuild via the e-mail address or telephone number nominated by the Successful Applicant in its Application.

29. A Successful Applicant will be announced to the public online via Ausbuild’s website (https://www.ausbuild.com.au/dolphins-nrl-2024) and Facebook page (https://www.facebook.com/ausbuild) and via such other media outlets chosen by Ausbuild (in its sole and absolute discretion). If requested, a Successful Applicant must attend a public event or presentation following a public announcement. The information contained in any public announcement will be determined by Ausbuild (in its sole and absolute discretion) and the Successful Applicant acknowledges and agrees that a public announcement may include their website address or other contact information.

30. Ausbuild’s decisions in relation to any aspect of the Opportunity, including but not limited to the selection of a Successful Applicant, is final and binding and Ausbuild will not enter into any correspondence regarding such decisions, including in the event of a dispute.

31. An Applicant acknowledges and agrees that, regardless of whether the Applicant has received a notification under clause 28, Ausbuild reserves the right, at any time, to:

a. audit or verify the validity of an Applicant or an Application, to require an Applicant to rectify an Application or provide further information Ausbuild requires with respect to the Opportunity; and

b. disqualify any Applicant who submits an Application that is not in accordance with these Terms and Conditions, who has made fraudulent or misleading representations as part of its Application or who tampers with their Application or the Opportunity. 

32. Failure by Ausbuild to enforce any of its rights at any stage does not constitute a waiver of its rights in clause 31.

33. Ausbuild reserves the right to alter or extend the Application, Judging or Verification Periods listed in Item 3 of the Schedule at its sole and absolute discretion.

PART F – PROVISION OF OPPORTUNITY

34. A successful Applicant will receive one or more of the Deliverable Items as determined by Ausbuild in its absolute discretion. Ausbuild reserves the right to alter these Deliverable Items at any time.

35. A successful Applicant gives Ausbuild permission to communicate with them by e-mail and telephone to provide instructions as to how the Successful Applicant is to claim their Deliverable Items.

36. Ausbuild will provide to each Successful Applicant details with respect to the provision of their Deliverable Items within the period specified in Item 5 of the Schedule. This will include advising the Successful Applicant of the date of the Dolphins NRL home game for which the Successful Applicant has been allocated complimentary tickets and how many tickets have been allocated. The Deliverable Items (or any part of the Deliverable Items) are not transferable.

37. The Opportunity is in no way redeemable in cash or via a different method.

38. A Successful Applicant must not use the Opportunity or any part of the Opportunity as a contribution to any fund-raising activity or for any purpose other than that described in these Terms and Conditions unless otherwise approved by Ausbuild in its absolute discretion.

PART G – PROMOTIONAL AND MARKETING ACTIVITIES

39. A Successful Applicant must participate and co-operate as required by Ausbuild in all editorial and media activities relating to the Opportunity, including but not limited to the Successful Applicant and its employees, representatives and agents being interviewed and photographed. Each Successful Applicant and its employees, representatives and agents authorises Ausbuild to use such footage and photographs together with the name, voice, video application (if received), image and likeness of the Successful Applicant and its employees, representatives and agents for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation or further reference to the Successful Applicant.

40. A Successful Applicant agrees to provide photographs, stories and videos relating to the Opportunity (including without limitation the use of the Opportunity by the Successful Applicant) upon request by Ausbuild. A Successful Applicant and its employees, representatives and agents:

a. acknowledges that Ausbuild requires consent to copyright such photographs, stories and videos;

b. authorises Ausbuild to record, collect, use, disclose and publish such photographs, stories and videos;

c. gives its absolute and irrevocable right and permission for such photographs, stories and videos to be reproduced without limitation in the name of Ausbuild;

d. acknowledges and agrees to any reproduction of such photographs, stories and videos to take place in various communication mediums including submission to an image library;

e. agrees not to seek any payment from Ausbuild;

f. agrees that Ausbuild owns all rights, title and interest (including intellectual property rights) in such photographs, stories and videos and that any existing and future rights in such photographs, stories and videos are assigned to Ausbuild; and

g. releases and discharges Ausbuild from any and all claims and demands out of or in connection with the use of such photographs, stories and videos, including without limitation any and all claims for breach of privacy and intellectual property rights.

41. If required by Ausbuild, each Successful Applicant and its employees, representatives and agents must complete and return a signed release form relating to the matters set out in clauses 39 and 40 to marketing@ausbuild.com.au.

PART H – NO LIABILITY

42. Ausbuild assumes no responsibility or liability for any incorrect or inaccurate information, either caused by an Applicant or due to any of the equipment or programming associated with or utilised in the Opportunity, or for any technical error, or any combination thereof that may occur in the course of the administration of the Opportunity including any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, an Application, and reserves the right to take any action that may be available.

43. If for any reason the Opportunity is not capable of running as planned (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of Ausbuild which corrupt or affects the administration, security, fairness, integrity or proper conduct of the Opportunity), Ausbuild reserves the right (in its sole and absolute discretion) to disqualify any Applicant who undermines the fairness of the Opportunity (by, for example, tampering with, using or exploiting errors in, the application process to obtain a competitive advantage over other Applicants), or take any action that may be available to cancel, terminate, modify or suspend the Opportunity, subject to any direction given under State regulations, or any written directions given by a relevant regulatory authority.

44. Ausbuild reserves the right (in its sole and absolute discretion) to disqualify from the Opportunity any Applicant who Ausbuild has reason to believe has breached any of these Terms and Conditions, or engaged in any misleading, fraudulent, unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Opportunity.

45. Ausbuild will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct, special, indirect or consequential loss, any loss of profits, any loss of revenue, any loss of use, any loss of contract, any loss of opportunity, any loss or reputation, any wasted overheads and/or any loss arising out of a claim by a third party), or for personal injury or death suffered or sustained, in connection with this Opportunity, except for any liability which cannot be excluded by law.

PART I - TERMINATION

46. Ausbuild reserves the right to vary the terms of, or cancel, this Opportunity at any time without notice and without liability to any Applicant or other person, subject to applicable laws.

47. If any Applicant is disqualified on account of a breach of clauses 31, 40 or 41 or disqualified under clause 43 or 44, Ausbuild may immediately terminate the Applicant’s participation in the Opportunity.

PART J – PRIVACY

48. Ausbuild’s privacy policy can be viewed at https://www.ausbuild.com.au/privacy (Privacy Policy). The Privacy Policy includes information on how Ausbuild might collect, use and manage an Applicant’s personal information.

49. Ausbuild collects each Applicant’s personal information directly from each Applicant wherever practicable. Ausbuild may collect personal information from its related companies or other third parties.

50. Ausbuild will use each Applicant’s personal information primarily to run the Opportunity. Ausbuild will also use this information for research to improve its products and services. If an Applicant does not provide Ausbuild with their personal information, as requested as part of the Opportunity, Ausbuild may be unable to process that Applicant’s participation in the Opportunity and the Application may be deemed ineligible.

51. Ausbuild may disclose an Applicant’s personal information, including updates, to consultants, agents or contractors acting on Ausbuild’s behalf, parties to whom Ausbuild has outsourced various functions, its related parties, entities and trusts, and regulatory authorities where required by law. Ausbuild may disclose personal information to entities outside Australia, including to its related bodies corporate, data hosting and other service providers.

52. The Privacy Policy sets out how an Applicant can access and make a request to correct personal information Ausbuild may hold about them, or to make a privacy complaint, and how Ausbuild will deal with the complaint.

53. An Applicant may contact Ausbuild’s Privacy Officer by email at: privacy@ausbuild.com.au or by post: Privacy Officer, Ausbuild, 2 Pittwin Road North, Capalaba QLD 4157.

PART K – SOCIAL MEDIA

54. This Part applies if the Opportunity:

a. is promoted on social media, including Facebook and Instagram; and

b. requires an Applicant to access a social media platform, including Facebook and Instagram to participate in the Opportunity.

55. Each Applicant:

a. releases Facebook, Inc., Facebook Ireland Ltd. and their related bodies corporate from all liability in connection with the Opportunity, except for any liability which cannot be excluded by law;

b. acknowledges that the Opportunity is in no way sponsored, endorsed or administered by, or associated with, Facebook;

c. agrees and warrants that they have read and understood, agree to be bound by, and will not do anything that violates Facebook's terms and conditions of use from time to time, including Facebook’s:

i. Statement of Rights and Responsibilities at https://www.facebook.com/legal/terms;

ii. Data Policy at https://www.facebook.com/about...; and

iii. Community Standards at https://www.facebook.com/communitystandard;

d. must not use personal timelines or friend connections when participating in the Opportunity.

56. Each Applicant:

a. releases Instagram, LLC and its related bodies corporate from all liability in connection with the Opportunity, except for any liability which cannot be excluded by law;

b. acknowledges that the Opportunity is in no way sponsored, endorsed or administered by, or associated with, Instagram; and

c. agrees and warrants that they have read and understood, agree to be bound by, and will not do anything that violates Instagram's terms of use from time to time.

57. Each Applicant indemnifies Ausbuild against all losses, liabilities, costs and expenses incurred by Ausbuild (whether direct, indirect or consequential) including legal expenses and third party claims in connection with an Applicant’s breach of clauses 55 and 56.

PART L – JURISDICTION

58. These Terms and Conditions are to be governed by the laws of the State of Queensland and the parties must submit to the jurisdiction of the Courts of that State.

Schedule

Annexure A – Eligibility and Selection Criteria

What types of community groups can apply? 

1. A Successful Applicant must be a community-based group that is a not-for-profit organisation and:

a. is actively involved in the Moreton Bay local community to help improve the lives of others or the local environment;

b. is either incorporated or unincorporated;

c. carries out a charitable or community initiative, project or program which:

i. contributes to one or more of the pillars of a healthy community as set out below; and

ii. is located or implemented within the Moreton Bay Local Government Area; and

d. complies with these Terms and Conditions at all times

Contribution to the pillars of a healthy community

2. An application should demonstrate how the community group or organisation contributes to the pillars of a healthy community including:

a. Sport and recreation;

b. Health and wellbeing;

c. Environment and sustainability;

d. Infrastructure;

e. Diversity and inclusiveness.

Who can apply?

3. Organisations or community groups that include schools, community groups, and not-for-profits that are based in or provide a benefit to the Moreton Bay Region.

4. An Applicant does not need to have a physical premise or office located in the Moreton Bay Local Government Area, but the organisation’s main activities must be delivered within one or more suburbs in the Moreton Bay Local Government Area.

Examples of an eligible community group or organisation include (but are not limited to):

• Not for profits;

• Local community groups;

• Educational facilities;

• Groups formed to organise community events, training or workshops.

Who cannot apply?

5. An Applicant is not eligible to apply for the Opportunity if any of the following persons are directly involved in the community group or organisation:

a. a director, officer or employee of Ausbuild; and

b. an immediate family member of a person identified in paragraph a. which includes a spouse (including same-sex spouse), ex-spouse, de-facto spouse, child (whether natural or by adoption) or step-child, parent, step-parent, natural or adopted sibling, whether or not they live in the same household.

What community groups will not be approved?

6. A community group or organisation that:

a. does not align with the aims of the Opportunity;

b. delivers projects or services that do not meet relevant Australian standards or are unlawful under Australian law;

c. is located outside of the Moreton Bay Local Government Area and does not deliver one or more of its main activities within the Moreton Bay Local Government Area.