Website Terms of Use

Terms of use

Website: jacthebuilder.com.au

Effective from: 17 September 2026

Version: 1

Our details

Legal entity: CUBUS Pty Ltd

ABN: 49 657 309 343

Trading names: Jac the Builder; Jac the Builder Granny Flats

Registered address: 12 Fallon Street, Quakers Hill NSW 2763

Website: www.jacthebuilder.com.au

Email for all notices and enquiries: info@jacthebuilder.com.au

Builder licence details: [Placeholder: NSW builder/contractor licence number and licence holder name]

Introduction

Who these terms are between
These Website Terms of Use (Terms) are an agreement between:

CUBUS Pty Ltd ABN 49 657 309 343 trading as Jac the Builder (we, us, our); and
you, the person who accesses or uses the Website (you, your).

What these terms cover
These Terms govern your access to and use of the website located at www.jacthebuilder.com.au and any associated pages, forms, calculators, galleries, brochures and other online content that we make available through it (together, the Website).

These Terms deal with your use of the Website only. They do not set out the terms on which we supply granny flats or building services. If you decide to buy from us, a separate written contract will apply. Our supply, building and warranty terms are set out on our website in our Inclusions and Site Requirements (Our Sales Terms), and nothing in these Terms varies, limits or replaces Our Sales Terms.

Acceptance
By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, please do not access or use the Website.
Your agreement is formed each time you access or use the Website, and applies to the version of these Terms published on the Website at that time.

If you are under 18
The Website is intended for people aged 18 years or over. If you are under 18, you may use the Website only with the involvement of a parent or guardian, and any enquiry you submit must be made by or with the authority of an adult.

Definitions &
Interpretation

Definitions

ACL: means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied as a law of New South Wales and of each other State and Territory.

Consumer Guarantees: means the guarantees, rights and remedies that are conferred on consumers by the ACL and by any other applicable consumer protection law, and which cannot lawfully be excluded, restricted or modified.

Content: means all text, images, photographs, renders, floor plans, drawings, specifications, videos, logos, trade marks, layouts, designs, software and other material made available on or through the Website.

Enquiry: means any request for information, request for a quote, site assessment request, callback request or other communication submitted by you through the Website or in response to Website content.

Intellectual Property Rights: means all present and future intellectual property rights anywhere in the world, including copyright, trade marks, designs, patents, trade secrets, know-how and confidential information, whether or not registered or registrable.

Our Sales Terms: means the residential building and supply contract terms published on our website in Inclusions and Site Requirements (Our Sales Terms), as updated from time to time.

Personal Information: has the meaning given in the Privacy Act 1988 (Cth).

Products: means the prefabricated and modular granny flats, dwellings, structures and related goods that we market on the Website.

Services: means the services we market on the Website in connection with the Products, including design, development and building approvals, importation and delivery, site works, installation, connection of services and project management.

Website: has the meaning given in What these terms cover.

Interpretation

In these Terms:

headings are for convenience only and do not affect interpretation;
the singular includes the plural and vice versa;
"including", "for example" and similar expressions are not words of limitation;
a reference to legislation includes that legislation as amended, replaced or re-enacted from time to time; and
a reference to a party includes that party's successors and permitted assigns.

Licence to use the Website

What you may do

We grant you a personal, non-exclusive, revocable, non-transferable licence to access and use the Website and to view, download and print Content for the purpose of:

learning about our Products and Services;
assessing whether to make an Enquiry or enter into a contract with us; and
managing an existing or prospective project with us.

You may share links to the Website and print or save copies of brochures, price guides and floor plans for your own use, provided you do not alter them or remove any branding or notices.

What you may not do

You must not, and must not permit any other person to:

copy, reproduce, adapt, publish, distribute, sell or commercially exploit any Content, except as permitted under these Terms, under Our Sales Terms or under the Copyright Act 1968 (Cth);
use the Website in a way that breaches any law, infringes any person's rights, or is fraudulent, defamatory, offensive or misleading;
submit false, misleading or deceptive information through the Website, including in an Enquiry, or impersonate any person or misrepresent your association with any person;
interfere with, disrupt, overload or damage the Website or any server or network connected to it, including by introducing viruses, malware or other harmful code;
attempt to gain unauthorised access to the Website, any account, or any system or data connected to the Website;
use automated means (including scraping, harvesting, crawling or data-mining tools) to extract Content or contact details from the Website, other than search engine indexing by conventional search engines;
reverse engineer, decompile or otherwise attempt to derive the source code of any software forming part of the Website;
use the Website or any Content to develop, market or promote a competing product or service, or to copy our designs, plans or specifications; or
remove, obscure or alter any copyright, trade mark or other proprietary notice.

This clause does not prevent you from using the Website for business or commercial purposes of your own that are unrelated to competing with us, such as arranging a granny flat for an investment property.

Suspension of access

If we reasonably believe that you have breached the What you may not do clause, or that your use of the Website poses a security, legal or operational risk, we may suspend or terminate your access to the Website. Where it is reasonable and lawful to do so, we will give you notice and an opportunity to explain or remedy the issue before we act, and we will limit any suspension to what is reasonably necessary.

Availability

We aim to keep the Website available and up to date, but the Website is provided on an "as available" basis. We may change, suspend or withdraw all or part of the Website (including any particular Content, feature or form) for maintenance, upgrades, security or business reasons. We are not liable for any unavailability of the Website, except to the extent that liability arises under the Consumer Guarantees or cannot lawfully be excluded.

Product and pricing information

Information is indicative

The Website is a marketing and information resource. Renders, photographs, sample floor plans, dimensions, inclusions lists, indicative prices, timeframes and finishes shown on the Website:

are indicative only and are provided to help you understand the general nature of our Products and Services;
may show optional upgrades, staging, landscaping, furniture, decorative items or site conditions that are not included in a standard supply;
may vary due to manufacturing tolerances, material availability, changes by the manufacturer, transport and import requirements, site conditions, and design changes required by an approval authority; and
are subject to change without notice until they are incorporated into a signed contract.

The specification, price and scope that apply to your project are those set out in your signed contract with us. Our contract terms are published on our website in the Inclusions and Site Requirements (Our Sales Terms).

No misleading conduct

We take seriously our obligations under sections 18 and 29 of the ACL not to engage in misleading or deceptive conduct or to make false or misleading representations about our Products and Services. Nothing in these Terms is intended to excuse, or operates to excuse, any conduct of that kind. If you believe any statement on the Website is inaccurate or unclear, please contact us at info@jacthebuilder.com.au and we will investigate and, where appropriate, correct it.

Approvals, site suitability and third-party requirements

Whether a granny flat can be built on a particular property, and on what terms, depends on matters outside the Website, including council and certifier requirements, State environmental planning policies, easements, sewer and stormwater infrastructure, bushfire and flood overlays, site access, soil classification and utility connection points.

Content on the Website about planning pathways, approval timeframes, site requirements or costs is general information only and is not planning, engineering, legal, financial or tax advice. You should not rely on it as a substitute for a site-specific assessment or professional advice. We will assess site-specific matters as part of the process described in Our Sales Terms.

Third-party and imported components

Our Products incorporate prefabricated components manufactured overseas, including by manufacturers in China, and are delivered and installed in Australia as a turnkey solution. Statements on the Website about manufacturing standards, certifications, shipping schedules or lead times reflect information provided to us by our suppliers and logistics providers, and may change. Our contractual obligations to you in relation to those components are set out in Our Sales Terms and in the Consumer Guarantees.

Enquiries, quotes and how
a contract is formed

The Website does not form a contract of sale

Nothing on the Website is an offer capable of acceptance. Prices, packages and promotions displayed on the Website are invitations to treat only.

Submitting an Enquiry does not create a contract, does not reserve a Product or a delivery slot, and does not oblige us to supply anything.

How a contract is formed

A binding contract for the supply of a Product or Services is formed only when:

we have provided you with a written quote and contract documents;
you have been given the Consumer Building Guide and any other pre-contract documents required by law before you sign, in accordance with the Home Building Act 1989 (NSW);
you have had a reasonable opportunity to read the contract and to obtain independent advice; and
both you and we have signed the written contract.

The terms of that contract, including payment terms, deposit limits, variations, delays, warranties and termination rights, are published on our website in our Inclusions and Site Requirements (Our Sales Terms). Those terms prevail over anything on the Website to the extent of any inconsistency.

Quotes

Unless a quote says otherwise, a quote is valid for the period stated in it and is subject to site inspection, approval requirements, and confirmation of supplier and freight costs. Where a quote is subject to assumptions or exclusions, those will be set out in the quote itself.

Accuracy of information you give us

To give you a useful quote we rely on the information you provide, including the property address, lot and plan details, site access, existing services and your requirements. You agree to give us accurate and complete information and to tell us promptly if it changes. If the information you give us is materially inaccurate or incomplete, a quote based on it may need to be revised.

Your rights under the Australian Consumer Law

Consumer guarantees cannot be excluded

Our goods and services come with guarantees that cannot be excluded under the ACL.

For goods, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

For services, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value, if we fail to supply the services with due care and skill or if the services are not fit for a specified purpose.

Priority of the ACL over these Terms

Nothing in these Terms:

excludes, restricts or modifies any Consumer Guarantee or any other right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified;
excludes, restricts or modifies the application of any provision of the ACL; or
has the effect of making us liable to a penalty for attempting to do any of those things.

Any provision of these Terms that would otherwise have that effect is to be read down so that it does not, and if it cannot be read down, that provision is severed.

Consumer threshold

Under the ACL, you are generally a "consumer" if the goods or services you acquire cost $100,000 or less, or if they are of a kind ordinarily acquired for personal, domestic or household use or consumption. Residential granny flats supplied to homeowners are ordinarily acquired for personal, domestic or household use, so the Consumer Guarantees will generally apply to our supply to you regardless of price.

Statutory warranties under the Home Building Act

Where we carry out residential building work in New South Wales, the statutory warranties in section 18B of the Home Building Act 1989 (NSW) apply to that work and are implied into the contract. Those warranties cannot be excluded or restricted by contract. The statutory warranty period is:

six years for a breach that results in a major defect; and
two years for any other breach,

running from the date of completion of the work (or, where the work is not completed, from the date the contract was terminated or the work otherwise ceased).

Home building compensation cover and the other consumer protections required by the Home Building Act 1989 (NSW) will be dealt with in your contract. Before you sign a contract for residential building work, we will give you the Consumer Building Guide published by NSW Fair Trading, as required by that Act.

Unfair contract terms

We are aware that the unfair contract terms regime in sections 23 to 28 of the ACL applies to standard form consumer and small business contracts, that a term found to be unfair is void, and civil penalties apply to proposing, applying or relying on an unfair term. These Terms have been drafted with that regime in mind.

If you consider that any provision of these Terms is unfair, please tell us at info@jacthebuilder.com.au. We will review it and, if we agree, we will amend or stop relying on it. If a term is found to be unfair, it is void and the remainder of these Terms continues to apply.

Intellectual Property

Our rights

All Intellectual Property Rights in the Website and the Content are owned by us or by our licensors (including our overseas manufacturer and our photographers and designers). This includes the "Jac the Builder" and "Jac the Builder Granny Flats" names and branding, our floor plans, renders, specification documents and site photography.

Except as expressly permitted under these Terms, nothing on the Website grants you any right, title, interest or licence in any Intellectual Property Rights.

Feedback

If you send us feedback, ideas or suggestions about the Website, our Products or our Services, you agree that we may use them without restriction and without any obligation to pay you, unless we have agreed otherwise in writing. This clause does not apply to any confidential information or design you provide to us as part of a project, which is dealt with in Our Sales Terms.

Reporting infringement

If you believe that Content on the Website infringes your Intellectual Property Rights, contact us at info@jacthebuilder.com.au with details of the material and your rights, and we will investigate promptly and remove or amend the material where appropriate.

Links and third-party
material

Links from the Website

The Website may contain links to third-party websites, including manufacturers, suppliers, finance providers, councils, certifiers and government agencies. Those links are provided for convenience only. We do not control those websites, and we do not endorse, and are not responsible for, their content, products, services, privacy practices or availability. Your dealings with any third party are between you and that third party.

Links to the Website

You may link to the home page of the Website in a way that is fair and lawful and does not damage or take unfair advantage of our reputation. You must not frame the Website, present it as your own, or suggest any endorsement, sponsorship or association that does not exist.

Third-party tools and reviews

Where the Website displays reviews, testimonials, social media feeds, mapping tools or booking tools supplied by third parties, those items are provided by the relevant third party and are subject to that party's terms. Testimonials reflect the experience of the individual concerned and are not a promise that you will achieve the same result.

Liability

Nature of the Website

The Website is provided for general information and marketing purposes. While we take reasonable care to keep the Website accurate and current, we do not warrant that the Website will be free of errors or omissions, uninterrupted, secure or free of viruses, or that Content will remain current.

Limits on our liability

Subject to the Rights that cannot be excluded clause below, and to the extent permitted by law:

we exclude all conditions, warranties, guarantees and representations relating to the Website that are not expressly set out in these Terms and that are not implied by law;
we are not liable for any loss or damage arising from your reliance on Content that is expressly stated to be indicative, general or subject to a site-specific assessment;
we are not liable for any loss or damage caused by the act or omission of a third party, including a telecommunications or internet service provider, hosting provider, browser, or a third-party website linked from the Website;
we are not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of anticipated savings or loss of data arising out of or in connection with your use of the Website; and
our aggregate liability to you arising out of or in connection with your use of the Website (as distinct from any contract you enter into with us for a Product or Services) is limited to $100.

Our liability in connection with a Product or Services we actually supply to you is governed by the Consumer Guarantees, the Home Building Act 1989 (NSW) and Our Sales Terms, not by this clause.

Rights that cannot be excluded

Nothing in this Liability section, or anywhere else in these Terms, limits or excludes:

any Consumer Guarantee or other right or remedy conferred on you by the ACL or by any other law that cannot lawfully be excluded, restricted or modified;
the statutory warranties implied by section 18B of the Home Building Act 1989 (NSW);
our liability for death or personal injury caused by our negligence; or
our liability for fraud or fraudulent misrepresentation.

Reduction for your contribution

Our liability to you is reduced to the extent that your own act or omission, or that of a person acting on your behalf, caused or contributed to the relevant loss or damage.

Indemnity

You indemnify us against any reasonable loss, damage, cost or expense (including reasonable legal costs) that we actually incur to the extent that it arises directly from:

your use of the Website in breach of the What you may not do clause;
your infringement of the Intellectual Property Rights of any person through your use of the Website; or
any fraudulent, unlawful or deliberately misleading conduct by you in connection with the Website.

This indemnity:

does not apply to the extent that the loss was caused or contributed to by us, our personnel or our contractors;
does not apply to indirect or consequential loss;
does not apply to any liability we may have to you under the Consumer Guarantees, the Home Building Act 1989 (NSW) or Our Sales Terms; and
is reduced to the extent we failed to take reasonable steps to mitigate the loss.

We will notify you promptly of any claim to which this indemnity may apply and will not settle any such claim without first consulting you.

Privacy and
communications

Personal Information

If you make an Enquiry, request a quote or otherwise contact us, we will collect Personal Information such as your name, contact details and property address. We use that information to respond to you, to prepare quotes and contract documents, to arrange approvals, delivery and installation, and to meet our legal obligations.

We handle Personal Information in accordance with applicable Australian law. We are currently a small business operator and are generally not an "APP entity" bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth). This may change, and if it does we will update these Terms and publish a privacy policy.

Regardless of that status, we treat your information with care: we only collect what we reasonably need, we take reasonable steps to keep it secure, we disclose it only to those who need it to deliver your project (such as our manufacturer, freight forwarder, certifier, engineers and installers), and we do not sell it.

Where we publish a privacy policy, it will be available on our website at Privacy Policy and will form part of these Terms.

Access, correction and complaints

You can ask us at any time what information we hold about you, ask us to correct it, or ask us to delete it where we are not required to keep it. Contact us at info@jacthebuilder.com.au and we will respond within a reasonable time.

Cookies and analytics

The Website may use cookies and similar technologies to make the site work, remember your preferences and understand how the Website is used. You can control cookies through your browser settings, although some parts of the Website may not work properly if you disable them.

Marketing and the Spam Act

We will only send you commercial electronic messages (such as marketing emails or SMS) where you have consented, or where consent can reasonably be inferred from your enquiry or existing relationship with us, consistent with the Spam Act 2003 (Cth).

Every commercial electronic message we send will:

clearly identify us as the sender and include our contact details; and
contain a functional unsubscribe facility.

You may unsubscribe at any time by using the unsubscribe link in the message or by emailing info@jacthebuilder.com.au. We will action unsubscribe requests within five business days. Unsubscribing from marketing does not stop us sending you messages that we are required or entitled to send about a project or contract you have with us.

Changes to these terms

We may update these Terms from time to time, for example to reflect changes to the Website, our business or the law.

For minor or administrative changes, the updated Terms apply from the date they are published on the Website.
For changes that materially affect your rights or obligations, we will publish a notice on the Website at least 14 days before the change takes effect and, where we hold your contact details and the change affects you, we will also notify you by email.
If you do not accept a material change, your remedy is to stop using the Website.

Changes to these Terms do not affect any contract for the supply of a Product or Services that you have already entered into with us. Those contracts can only be changed in accordance with their own terms and applicable law.

The version of these Terms that applies to any dispute is the version published on the Website at the time of the relevant use.

Complaints and disputes

Talk to us first

If you have a complaint about the Website, our Content or our conduct, please contact us at info@jacthebuilder.com.au setting out the issue and what you would like us to do. We will acknowledge your complaint within five business days and aim to respond substantively within 20 business days.

Genuine negotiation

If a dispute arises out of or in connection with these Terms, each party agrees to first attempt to resolve it by genuine negotiation between people with authority to settle. Either party may escalate the dispute by written notice describing the dispute and the outcome sought. The parties must meet (in person, by telephone or by video) within 15 business days of that notice.

Mediation or NSW Fair Trading

If the dispute is not resolved within 30 days of the escalation notice, either party may (but is not required to) refer the dispute to mediation by a mediator agreed between the parties, or to NSW Fair Trading, before commencing proceedings. Each party bears its own costs of any mediation and the parties share the mediator's fees equally.

Court proceedings

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief, or from commencing proceedings where a limitation period is about to expire.

These Terms do not require, and must not be read as requiring, any dispute to be referred to arbitration. Nothing in these Terms limits your right to bring a claim in the NSW Civil and Administrative Tribunal or a court of competent jurisdiction, or to make a complaint to NSW Fair Trading, the Australian Competition and Consumer Commission or any other regulator.

General

Governing law and jurisdiction

These Terms are governed by the laws of New South Wales. You and we submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and the courts entitled to hear appeals from them. If you live in another State or Territory, nothing in this clause prevents you from bringing proceedings in your home jurisdiction where the law entitles you to do so.

Relationship with other documents

If there is any inconsistency between these Terms and a signed contract between you and us for the supply of a Product or Services, that signed contract prevails to the extent of the inconsistency. Our current contract terms are published on our website in our Inclusions and Site Requirements (Our Sales Terms).

Entire agreement

These Terms (together with any document expressly incorporated by reference) contain the entire agreement between you and us about your use of the Website and supersede all prior representations and understandings about that subject matter. This clause does not exclude liability for misleading or deceptive conduct or for any representation made fraudulently, and does not limit your rights under the ACL.

Severance

If any provision of these Terms is void, unenforceable or unlawful (including because it is an unfair contract term under the ACL), that provision is severed or read down to the minimum extent necessary, and the remaining provisions continue in full force.

Waiver

A failure or delay by us in exercising a right under these Terms is not a waiver of that right. A waiver is only effective if given in writing and applies only to the specific circumstances for which it is given.

Assignment

You may not assign or transfer your rights under these Terms. We may assign or novate our rights and obligations under these Terms to a related entity or to a purchaser of our business, provided this does not adversely affect your rights.

Notices

Notices to us must be sent to info@jacthebuilder.com.au or to 12 Fallon Street, Quakers Hill NSW 2763. Notices to you will be sent to the email address or postal address you last gave us, or published on the Website where these Terms allow. A notice sent by email is taken to be received on the next business day after it is sent, unless the sender receives a delivery failure notification.

Force majeure

We are not liable for any delay or failure to make the Website available that is caused by an event beyond our reasonable control, including outages, cyber attacks, natural disasters and acts of government. This clause does not affect your rights under the Consumer Guarantees or under Our Sales Terms.

Survival

The Intellectual property, Liability, Indemnity, Complaints and disputes and General sections survive the termination of your use of the Website.

Contact Us

Entity: CUBUS Pty Ltd ABN 49 657 309 343, trading as JAC the Builder

Postal and registered address: 12 Fallon Street, Quakers Hill NSW 2763

Email: info@jacthebuilder.com.au

Phone: 0499 991 850

Sales and building contract terms: Inclusions and Site Requirements