Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Tradesmarket Pty Ltd (ABN 33 153 903 596) ("we", "us", "our"), governing your access to and use of the Benchtop platform ("Platform"), including any associated websites, mobile applications, and services.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

2. Description of Service

Benchtop is a project management platform designed for residential construction projects. The Platform enables collaboration between architects, builders, homeowners, and subcontractors through document management, asynchronous communication ("Resolutions"), and project coordination tools.

Residential Use Only: The Platform is intended for residential construction projects only. Use of the Platform for commercial construction projects is not permitted under these Terms.

3. Beta Service

The Platform is currently provided as a beta service at no cost. During the beta period, features may be added, modified, or removed without notice. We do not guarantee uninterrupted access or that all features will function as expected.

When the beta period ends, use of the Platform will require a paid subscription. We will provide reasonable notice before billing commences and will inform you of the applicable subscription fees and terms at that time.

4. Subscription and Payment

When billing commences, the Platform will operate on a subscription basis with one subscription required per project. The specific pricing and payment terms will be communicated to you before billing begins.

Payments will be processed through Stripe. By providing payment information, you authorise us to charge the applicable subscription fees to your designated payment method.

You are responsible for keeping your payment information current. Failure to pay applicable fees may result in suspension or termination of your access to the Platform.

5. User Accounts

To use the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately of any unauthorised use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

You must be at least 18 years of age to create an account and use the Platform.

6. User Content

"User Content" refers to any content you upload, submit, or transmit through the Platform, including documents, files, messages, communications, project information, and any other materials.

Licence Grant: By uploading User Content to the Platform, you grant Tradesmarket Pty Ltd a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, store, reproduce, modify, display, and distribute your User Content solely for the purpose of operating, maintaining, and improving the Platform. This licence survives termination of your account.

Ownership: You retain ownership of the intellectual property rights in your User Content, subject to the licence granted above. However, you acknowledge that uploaded content becomes part of the project record maintained by the Platform.

Responsibility: You are solely responsible for your User Content and represent that you have all necessary rights to upload and share such content. You must not upload content that infringes the intellectual property rights of any third party, contains malicious code, or violates any applicable laws.

7. Data Retention and Account Cancellation

Due to the nature of construction project management and the need to maintain historical records for compliance, warranty, and dispute resolution purposes, User Content and associated data are retained indefinitely.

No Deletion: User Content cannot be deleted from the Platform. This policy ensures the integrity of project records that may be required for legal, regulatory, or contractual purposes.

Account Cancellation: If you cancel your subscription or cease using the Platform, your account and associated data will be retained in a read-only state. You will no longer have active access to create or modify content, but the historical record will be preserved.

Data Export: You may request an export of your data by contacting us at crew@onbenchtop.com.

8. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform for commercial (non-residential) construction projects.
• Attempt to circumvent the one-subscription-per-project requirement when billing commences.
• Use the Platform in any way that violates applicable laws or regulations.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorised access to the Platform, other accounts, or connected systems.
• Interfere with or disrupt the Platform or servers connected to the Platform.
• Use automated systems or software to extract data from the Platform without our consent.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

9. Intellectual Property

The Platform, including its design, features, functionality, software, text, graphics, logos, and all other content (excluding User Content), is owned by Tradesmarket Pty Ltd and is protected by Australian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose, subject to these Terms. This licence does not include the right to modify, copy, distribute, sell, or create derivative works based on the Platform.

10. Disclaimers

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Platform.

No Professional Advice: The Platform is a project management tool and does not provide architectural, engineering, legal, or construction advice. You should consult qualified professionals for advice specific to your project.

11. Limitation of Liability

To the maximum extent permitted by law, Tradesmarket Pty Ltd, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of or inability to use the Platform.

To the maximum extent permitted by law, our total liability for any claims arising out of or relating to these Terms or your use of the Platform shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or AUD $100, whichever is greater.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law for failure to comply with consumer guarantees.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tradesmarket Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease, but these Terms will continue to apply to your past use of the Platform.

You may terminate your account at any time by contacting us at crew@onbenchtop.com. As noted in Section 7, your data will be retained in a read-only state following termination.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Effective Date" above. Your continued use of the Platform after any changes constitutes your acceptance of the modified Terms.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for any proceedings arising out of or in connection with these Terms.

16. Geographic Restrictions

The Platform is intended for use by residents of Australia and New Zealand. We make no representations that the Platform is appropriate or available for use in other locations. If you access the Platform from outside Australia or New Zealand, you do so at your own risk and are responsible for compliance with local laws.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tradesmarket Pty Ltd regarding your use of the Platform and supersede all prior agreements, representations, and understandings.

19. Contact Us

If you have any questions about these Terms, please contact us at: