These terms and conditions (Terms) apply to your use of this website www.aviahomes.com.au, including the Avia Homes customer portal (Site), which is owned, operated or otherwise provided to you by Avia Homes Australia Pty Ltd (ACN 660 201 598) of 1/9 Windmill Street, Southport QLD 4215 (us, we, our).

By using the Site (including by registering for an Account), you agree to be bound by the Terms. If you do not agree to the Terms, you must immediately stop using the Site.

Please read these Terms carefully when accessing or before using the Site. Any capitalised terms used have the meanings given in section 18 (Definitions).

1. Acceptance and Acknowledgement

You acknowledge and agree that you will only use our Site for personal, non-commercial use, and that you are responsible for ensuring all persons who access or use our Site on your Device(s) are aware of these Terms and their obligation to comply with these Terms.

2. Accounts 

You may need to register or open an Account with us in order to access certain parts of our Site or any services we provide. This includes the Avia Homes customer portal which is established on a third party platform called Buildertrend or any other platform (including from a third party provider) that we may wish to establish in the future. In this case we will send you a link that allows you to activate an Account that we have set up for you. To set you up as a registered user of the Site you will need to provide us with your Personal Information, including your full name and email address. Please see section 11 of these Terms and our Privacy Policy (available here) for further information about how we use and handle your Personal Information. 

You may only activate and / or register for an Account in your own name, and you must not provide another person’s Personal Information or provide false information to register an Account.

The security of your password is important, as it can be used to access your Personal Information and other information stored on your Account. You must keep your Password, and any record of it, confidential and keep it secure from any unauthorised access or use.

You are responsible for all activity on your Account, regardless of whether you authorised that activity. You must immediately notify us of any unauthorised access to or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access or use. 

There may be additional Buildertrend terms and conditions that apply to your access and use of the Avia Homes customer portal. You must familiarise yourself with, and abide by, any such terms and conditions.

3. Providing information to us

You agree to provide current, complete and accurate information for your Account and for any use with the functionality of the Site, and to promptly update your information so that we can maintain and manage our supply of the Site to you, and contact you as needed. 

We may (but are not obliged to) keep any records or back-ups of the information you give us, or that you may store on the Site, and/or that we may provide access to you through the Site. However, you must keep and maintain a separate back-up copy of the information you give to us if you wish to have access to it in a different format or for longer than our usual retention period. We have set out details of our retention of your information in our Privacy Policy.

4. Devices

Not all Devices may be able to access and use the Site. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Site.

You acknowledge and agree we are not responsible for the inability of a Device to access the Site, or any loss or damage to a Device from your access and use or attempted access and use of the Site.

5. Analytics, cookies and web beacons

You acknowledge and agree we may use analytics on, or engage third party data analytics service providers for, the Site which enable us to track your activity on the Site, monitor usage patterns, further develop and improve the Site, and to offer relevant information to you. If you do not want us to access, collect or use your information for this purpose, you may stop using the Site and close any Account you have with us.  We may also use ‘cookies’, ‘log files’ and ‘web beacons’ in accordance with our Privacy Policy.

6. Third Party Websites

We may include links to third party websites on the Site. These links are provided for your information only and you access such websites at your own risk. We have no control over the content of such websites and they do not form part of the Site. We exclude all liability and responsibility for any loss or damage you may suffer as a result of your accessing or trying to access or use of any third party websites.

7. Acceptable Use 

You agree that you will not: 

• post any unsolicited commercial messages or spam on or using the Site;

• post content or take any action that infringes or violates another person or entity’s rights or otherwise violates the law. You warrant that all material posted is your original work and not sourced from anyone else;

• impersonate anyone else when accessing or using the Site; 

• access or use the Site in a manner which could interfere with the Site or the access and use of the Site by other users;

• attempt to manipulate or bypass any limitations on the Site including by doing anything that imposes an unreasonable or disproportionately large load on the Site or any network or website connected to the Site;

• access or use the Site for any improper or unlawful purpose including to transmit or post defamatory, harassing, indecent, offensive, abusive, threatening, inappropriate or unlawful communications;

• do (or omit to do) anything that may jeopardise the security of the Site or access to the Site. This includes posting any material that contains viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other computer software or hardware;

• resell, sub-license, resupply or otherwise make available your Account or your access to the Site to a third party; 

• remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the Site; 

• collect any Content or user information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior consent, or use any method or process to consolidate or combine the Content or user information with any other content, data, information, images or material; or 

• copy, reproduce, translate, decompile, disassemble or reverse-engineer the Site or any Content.

8. Availability, support and updates

You acknowledge that the Site may be hosted, managed and supported by a third party cloud-based provider.

While we will use commercially reasonable efforts to ensure the Site is available 24 hours a day, 7 days per week, the Site may become unavailable or inaccessible from time to time for any Updates (which we or our third party provider may make at any time) or as a result of events beyond our reasonable control. If that happens, we will use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Site as soon as reasonably practical.

9. Security

We will use commercially reasonable endeavours to ensure that the Site is subject to security measures that are consistent with accepted industry standards. However, you accept that the Internet is not a fully secure environment and we cannot guarantee that the Site will be secure, error free, uninterrupted or timely or that the Site is free of viruses, bugs or other harmful applications or interference. You: 

• provide information to us through the Site at your own risk; and

• are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements and safeguard your own Device.

10. Privacy

Your privacy is important to us. We may ask you to, or you may provide, Personal Information when you use our Site. How we collect, use and disclose your Personal Information is set out in our Privacy Policy (available here). 

Our Privacy Policy explains our commitment to the protection of your Personal Information.  By providing your Personal Information to us through the Site and by using the Site, you agree to us: 

• collecting, using, and processing your Personal Information in accordance with our Privacy Policy and these Terms; and

• using your Personal Information to send you communications electronically for the purposes of complying with our obligations under these Terms. You may opt out of receiving these communications at any time by clicking the “unsubscribe” link located at the bottom of each email, SMS or notice we send you. 

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For clarity, this section is subject to our obligations regarding email communications in Australia. 

We will only send you marketing material by electronic communications if you have given us permission to do so.  By agreeing to these Terms, you give us this permission unless you have already told us that you do not give your consent. You have the right opt-out of electronic marketing at any time.  Further, where we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms have changed), we will give you the option of not receiving further communications of that nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.

If you become aware of or suspect any misuse or loss of, or unauthorised access to or disclosure of, your Personal Information in connection with the Site, you must let us know immediately.

11. Intellectual Property Rights

We own or licence all right, title and interest in and to the Site, including all Intellectual Property Rights subsisting in the Content. Any rights not expressly granted to you in the Terms are reserved for us.

We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable licence to:

(a) use the Intellectual Property Rights in the Site, Content and any Updates for the purposes of using the Site in accordance with the Terms; and

(b) print pages and Content from the Site for your own personal, non-commercial use.

You must not, without our prior written consent and the consent of any other owner of relevant Intellectual Property Rights, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any part of the Site, the Content or any post contained on the Site, for any purpose, unless otherwise provided by these Terms.

You grant us a non-exclusive, worldwide, non-transferable, sub licensable, royalty-free licence to:

(a) use, copy, reformat, reproduce, edit or translate the information you provide through the Site (which may include your posts and contributions) for the purposes of providing the Site in accordance with the Terms or otherwise exercising our rights under the Terms; and

(b) use the information you provide through the Site (which may include your posts and contributions) in a de-identified and aggregated form for research purposes and for the purposes of creating analytics and databases to improve or otherwise develop the Site and our products and services. As between the parties, we own all right, title and interest in such research, analytics and databases; and 

(c) use, copy, reformat, reproduce, edit or translate your posts or contributions to the Site to marketing or advertise our products and services. This includes any testimonials, images, video recordings, feedback or other statements you provide. 

12. Liability

Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Neither party is liable to the other for any Consequential Loss arising out of or in connection with the Terms or the Site.

To the extent permitted by law, if any Non-Excludable Right is imposed and we are able to limit its liability, then our liability to you for any damage, loss, cost, expense or liability arising out of, as a result of your use of the Site will be limited to:

(a) in the case of products or goods: (i) replacement or repair of the products or goods or supplying the equivalent products or goods again; or (ii) paying the cost of replacing or repairing the products or goods or of acquiring equivalent products or goods; and

(b) as applicable, in the case of services: (i) supplying the services again; or (ii) paying the cost of having the services supplied again. 

13. Warranty

To the extent permitted by law, the Site is provided on an ‘as is’ and ‘as available’ basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of accuracy or reliability, title, merchantability, fitness for a particular purpose or non-infringement, or any other warranty, condition, guarantee or representation.

We do not warrant and have no liability to any party (including to you) in relation to: 

(a) the accuracy, completeness or reliability of information available through the Site;

(b) the safety, security, availability or functionality of the Site;  

(c) any websites provided by third parties (including without limitation, the Avia Homes customer portal which is provided by Buildertrend); or 

(d) services not provided by us.

14. Indemnity

To the extent permitted by law, you will be liable to us for any damage, loss, cost, expense or liability we may suffer due to any claim, demand or action of any kind that is brought against us arising directly or indirectly because you: 

(a) did not observe your obligations under these Terms; or

(b) acted wilfully, unlawfully, negligently or fraudulently in connection with the Site. 

15. Termination

We may suspend or terminate your access and use of the Site, including via your Account, at any time for any reason, including due to a breach of these Terms or due to system failure, Updates or any reason outside of our control. 

You acknowledge and agree that you may lose saved data (such as information you provide through the Site) if we limit, suspend or terminate your access to the Site and, to the extent permitted by law, we are not responsible for any such loss.

You may terminate your use of the Site at any time by deleting your Account and / or immediately stopping your use of our Site.

16. General

These Terms shall be governed by the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that State.

These Terms contain the entire agreement between you and us in relation to your access to and use of the Site and also supersede any prior agreements between you and us.

If we waive any rights available to us under these Terms on one occasion, this does not mean that we will waive those rights on any other occasion.

If any portions of these Terms are found to be invalid, unenforceable or illegal for any reason, those portions will be excluded to the minimum extent required by the law and the remaining Terms will continue in full force.

We may update, change or replace (collectively, change) any part of these Terms from time to time at our discretion. Such changes will be effective when posted on the Site. You can always find the most up-to-date version on our Site. It is your responsibility to check the Site periodically for changes. Your continued use of the Site after a change to these Terms will be taken to be acceptance of such changes. 

17. Definitions

• Account means a user account to access and use the Site, including the Avia Homes customer portal.

• Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data). 

• Content means any material in electronic format (which may include software) provided by us through the Site.

• Device means a computer, tablet and/or mobile phone.

• Intellectual Property Rights means any intellectual property rights anywhere in the world, whether or not now existing, including rights in relation to copyright (registered or unregistered), inventions (including patents, innovation patents and utility models), confidential information, technical information and know-how, registered and unregistered designs, registered and unregistered trade marks, circuit layout rights and rights in databases.

• Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Site that are implied by the Australian Consumer Law which cannot be excluded, restricted, qualified or modified by us.

• Personal Information has the meaning set out in the Privacy Act.

• Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles, together with all codes of conduct, statutory codes and regulatory guidelines applicable to the protection and handling of Personal Information in Australia, as amended, updated or replaced from time to time.

• Update means an update or modification to the Site, which may include changes for maintenance, addition or removal of features or functionality, or redesign, of the Site.

Last updated: 25 February 2025