PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE.

Welcome to our website. If you continue to browse
and use this website you are agreeing to comply with and be bound by the
following terms and conditions of use, which together with our privacy policy
and website disclaimer, govern wmybuilderswarehouse.com.au’s relationship with
you in relation to your use of this website.

By using this website, you signify your acceptance
of these terms and conditions of use. For the purposes of these terms and
conditions, “Us”, “Our” and “We” refers to mybuilderswarehouse.com.au and “You”
and “Your” refers to you, the client, visitor, website user or person using our
website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or
remove portions of these terms at any time. Please check these terms regularly
prior to using our website to ensure you are aware of any changes. We will
endeavour to highlight any significant or substantive changes to you where
possible. If you choose to use our website then we will regard that use as
conclusive evidence of your agreement and acceptance that these terms govern
your and www.mybuilderswarehouse.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our
website that you agree and accept that www.mybuilderswarehouse.com.au is not
legally responsible for any loss or damage you might suffer related to your use
of the website, whether from errors or from omissions in our documents or
information, any goods or services we may offer or from any other use of the
website. This includes your use or reliance on any third party content, links,
comments or advertisements. Your use of, or reliance on, any information or
materials on this website is entirely at your own risk, for which we shall not
be liable.

It shall be your own responsibility to ensure that
any products, services or information available through this website meet your
specific, personal requirements. You acknowledge that such information and
materials may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian
Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division
1, Subdivision A of the Competition and Consumer Act 2010 (Cth),
mybuilderswarehouse.com.au’s liability for any breach of a term of this
agreement is limited to: the supplying of the goods or services to you again;
the replacement of the goods; or the payment of the cost of having the goods or
services supplied to you again.

You must be over 18 years of age to use this
website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post
and/or other reputable courier companies. Deliveries are processed promptly
upon receipt of full payment. Delivery may take between 2 and 14 days,
depending on the delivery option. Damaged or lost orders should be resolved
with Australia Post or the courier company directly and we are not responsible
for goods that are damaged in transit or not received. Replacement of damaged
or lost items is made at the discretion of mybuilderswarehouse.com.au.

Digital goods are delivered immediately. Please be
aware there are inherent risks associated with downloading any software and
digital goods. Should you have any technical problems downloading any of our
goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

www.mybuilderswarehouse.com.au handles returns and
processes refunds in accordance with the Australian Consumer Protection
legislation.

Should you wish to return your order, please notify
us within 14 days of purchase with a valid reason for return. If we are unable
to resolve your complaint or further assist you, we will process a refund upon
timely receipt of the goods purchased. Unopened goods will be refunded in full.
Refunds will be processed promptly and payment made by the same method that you
made payment. All refunds are made at the discretion of www.mybuilderswarehouse.com.au.

LINKS TO OTHER WEBSITES

www.mybuilderswarehouse.com.au may from time to time
provide on its website, links to other websites, advertisements and information
on those websites for your convenience. This does not necessarily imply
sponsorship, endorsement, or approval or arrangement between www.mybuilderswarehouse.com.au
and the owners of those websites. www.mybuilderswarehouse.com.au takes no
responsibility for any of the content found on the linked websites.

www.mybuilderswarehouse.com.au’s website may
contain information or advertisements provided by third parties for which www.mybuilderswarehouse.com.au
accepts no responsibility whatsoever for any information or advice provided to
you directly by third parties. We are making a ‘recommendation’ only and are
not providing any advice nor do we take any responsibility for any advice
received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.mybuilderswarehouse.com.au
absolutely disclaims all warranties, expressed or implied, including, but not
limited to, implied warranties of merchantability and fitness for any
particular purpose. www.mybuilderswarehouse.com.au gives no warranty that the
documents, goods or services will be free of errors, or that defects will be
corrected, or that our website or its server is free of viruses or any other
harmful components.

Whilst we, at all times endeavour to have the most
accurate, reliable and up-to-date information on our website, we do not warrant
or make any representations regarding the use or the result of the use of any
document, product, service, link or information in its website or as to their
correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the
responsibility of www.mybuilderswarehouse.com.au to bear any and all costs of
servicing, repairs, or correction. The applicable law in your state or
territory may not permit these exclusions, particularly the exclusions of some
implied warranties. Some of the above may not apply to you but you must ensure
you are aware of any risk you may be taking by using this website or any
products or services that may be offered through it. It is your responsibility
to do so.

YOUR PRIVACY

At www.mybuilderswarehouse.com.au, we are committed
to protecting your privacy. We use the information we collect about you to
maximize the services that we provide to you. We respect the privacy and
confidentiality of the information provided by you and adhere to the Australian
Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising
us in writing via email. All information we receive from our customers is
protected by our secure servers. www.mybuilderswarehouse.com.au’s secure server
software encrypts all customer information before it is sent to us.
Furthermore, all customer data collected is secured against unauthorized use or
access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or
customer information. We may however use in a general sense without any
reference to your name, your information to create marketing statistics,
identify user demands and assist in meeting customer needs generally. In
addition, we may use the information that you provide to improve our website
and services but not for any other use.

DISCLOSURE OF INFORMATION

www.mybuilderswarehouse.com.au may be required, in
certain circumstances, to disclose information in good faith and where www.mybuilderswarehouse.com.au
is required to do so in the following circumstances: by law or by any court; to
enforce the terms of any of our customer agreements; or to protect the rights,
property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar
documents, goods or services for the purpose of providing them for a fee to
users, whether they be business users or domestic users, then you are a
competitor of www.mybuilderswarehouse.com.au. www.mybuilderswarehouse.com.au
expressly excludes and does not permit you to use or access our website, to
download any documents or information from its website or obtain any such
documents or information through a third party. If you breach this term then
www.mybuilderswarehouse.com.au will hold you fully responsible for any loss
that we may sustain and further hold you accountable for all profits that you
might make from such unpermitted and improper use. www.mybuilderswarehouse.com.au
reserves the right to exclude and deny any person access to our website,
services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or
licensed to us. This material includes, but is not limited to, the design,
layout, look, appearance, trademarks and graphics. You are not permitted to
reproduce the documents, information or materials on the website for the
purposes of sale or the use by any third party. In particular you are not
permitted to republish, upload, transmit electronically or otherwise or
distribute any of the materials, documents or products that may be available
for download from time to time on this website.

www.mybuilderswarehouse.com.au expressly reserves
all copyright and trademark in all documents, information and materials on our
website and we reserve the right to take action against you if you breach any
of these terms.

Any redistribution or reproduction of part or all
of the contents in any form is prohibited other than the following: you may
print or download to a local hard disk extracts for your personal and
non-commercial use only; and you may copy the content to individual third
parties for their personal use, but only if you acknowledge the website as the
source of the material.

You may not, except with our express written
permission, distribute or commercially exploit the content. Nor may you
transmit it or store it in any other website or other form of electronic
retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole
agreement between you and www.mybuilderswarehouse.com.au concerning your use
and access to www.mybuilderswarehouse.com.au’s website and your use and access
to the documents and information on it. No other term is to be included in this
agreement except where it is required to be included by any legislation of the
Commonwealth or any State or Territory. All implied terms except those implied
by statute and which cannot be expressly excluded are hereby expressly
excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any
applicable statute be illegal, void, or unenforceable in any State or Territory
then such a clause shall not apply in that State or Territory and shall be
deemed never to have been included in these terms and conditions in that State
or Territory. Such a clause if legal and enforceable in any other State or
Territory shall continue to be fully enforceable and part of this agreement in
those other States and Territories. The deemed exclusion of any term pursuant
to this paragraph shall not affect or modify the full enforceability and
construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the
laws of NSW and Australia. If there is a dispute between you and www.mybuilderswarehouse.com.au
that results in litigation then you must submit to the jurisdiction of the
courts of NSW.

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