Terms of Use

1. About these Terms

These Terms of Use govern access to and use of the Humble Hammer website, applications, services, features and related technology made available by Humble Hammer Pty Ltd ABN 12691209739 (Humble Hammer, we, us or our).

In these Terms:

Account means an account used to access Humble Hammer.
Business Account means an Account that is designated as a business or professional account, whether on a free or paid plan.
Business User means a person who uses Humble Hammer for business or professional purposes, including a building professional, designer, consultant, tradesperson, contractor, supplier, manufacturer or service provider.
Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Content means text, photographs, video, audio, plans, drawings, point clouds, 3d content, files, project information, reviews, comments, messages, profile information and other material submitted to, displayed through or generated using Humble Hammer.
Credits means platform credits issued by Humble Hammer for use with eligible Humble Hammer features.
Homeowner means a user seeking, planning, undertaking, managing or sharing a building, renovation, design, maintenance or related project.
Order Form means a document (including an online checkout, quote or written order) that sets out commercial terms agreed between you and Humble Hammer and that incorporates these Terms.
Personal Account means an Account that is not a Business Account and that is used only for personal, domestic or household purposes.
Platform means the Humble Hammer website, applications, software, services and features.
Professional means a Business User who offers building, design, consulting, trade, supply or related services.
Supplier means a Business User that manufactures, distributes, promotes or supplies products, tools, materials or related services.
Terms means these Terms of Use and the policies, Order Forms and checkout terms incorporated under clause 3.
User, you or your means a person who accesses or uses the Platform.

Headings are for convenience only and do not affect interpretation. Words such as “including” and “for example” do not limit the words that precede them.

2. Acceptance of these Terms

You agree to these Terms when you:

create or use an Account;
access or use the Platform;
create a project or profile;
upload or submit Content;
request or respond to a quote or enquiry;
publish or respond to a review;
send a message through the Platform;
purchase a subscription, Credits or another paid feature; or
otherwise indicate that you accept these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

If you use the Platform on behalf of a company, partnership, trust, association or other organisation, you represent that you have authority to accept these Terms on its behalf. In that case, references to “you” include both you and that organisation.

3. Additional policies and purchase terms

The following documents form part of these Terms:

our Community Guidelines;
our Review Policy;
any Credits and Billing Terms published by us;
any competition, promotion or referral terms that apply to an offer;
the plan, pricing, subscription, Credit or purchase terms presented to you before checkout; and
any Order Form agreed between you and us.

Where there is an inconsistency:

a signed Order Form applies to the arrangement it covers;
checkout-specific terms apply to the relevant purchase;
specific promotional or feature terms apply to that promotion or feature;
these Terms apply; and
the Community Guidelines and Review Policy apply to conduct and Content.

Nothing in this clause limits a right or remedy that cannot lawfully be excluded.

4. Changes to these Terms

We may update these Terms to reflect:

changes to the Platform or our business;
changes to applicable law or regulatory requirements;
new safety, security or fraud risks;
changes to payment, subscription or third-party services; or
improvements intended to make the Terms clearer or fairer.

We will publish the updated Terms and update the “Last updated” date.

Where a change is material and may adversely affect your rights, paid features, Credits or continued access, we will provide reasonable advance notice through the Platform, by email or by another appropriate method, unless an urgent change is required for legal, security, fraud-prevention or safety reasons.

The updated Terms apply from the stated effective date. Your continued use of the Platform after that date constitutes acceptance of the updated Terms.

If you do not agree to a material change, you may stop using the Platform and close your Account. Where we make a material detrimental change to a prepaid service during its current paid term, you may contact us to request an appropriate remedy. Any remedy will take into account the nature of the change, the remaining paid period, your use of the service and your rights under applicable law.

5. The role of Humble Hammer

Humble Hammer provides an online platform through which users may:

create, manage and share building, renovation and related projects;
discover Professionals, Suppliers, products, tools and materials;
publish and view project Content, questions and discussions;
request and respond to quotes or project enquiries;
communicate with other users;
publish reviews, ratings and responses;
organise project information, documents, budgets and timelines; and
access related information, resources and tools.

Unless we expressly agree otherwise in a separate written contract, Humble Hammer is not:

a builder, head contractor, subcontractor or tradesperson;
an architect, building designer, engineer, surveyor or certifier;
a project manager, superintendent or contract administrator;
a lawyer, accountant, tax adviser, insurance adviser or financial adviser;
a manufacturer, retailer, distributor or supplier of third-party products;
an insurer, insurance broker or insurance agent;
an employment agency or labour-hire provider;
a party to contracts entered into between users; or
an agent authorised to bind a user.

Contracts for building work, design services, professional advice, consulting, site work, installation, repairs, product supply, project delivery or other services are entered into directly between the relevant users or third parties.

Humble Hammer does not control and is not responsible for the negotiation, formation, performance, payment, quality, legality, timing, safety or outcome of those arrangements.

6. Eligibility

You must:

be at least 18 years old;
have legal capacity to enter into a binding contract;
not be prohibited by law from using the Platform; and
comply with any additional eligibility requirements displayed for a particular service or feature.

The Platform is not directed to children. A person under 18 must not create an Account or independently use features that require an Account.

If we reasonably believe an Account is being operated by a person under 18, we may restrict or close the Account and take reasonable steps to protect or remove associated personal information and Content.

7. Accounts and account security

You must provide accurate, current and complete information when creating or maintaining an Account.

You must:

keep your login credentials and authentication methods secure;
not share your Account with an unauthorised person;
promptly update information that becomes inaccurate;
notify us promptly if you suspect unauthorised access or use;
use reasonable security practices on devices used to access the Platform; and
comply with any identity, contact or security verification process reasonably required by us.

You are responsible for activity undertaken through your Account to the extent that the activity resulted from your conduct, your authorised use or your failure to take reasonable security precautions.

You are not responsible for unauthorised activity caused solely by our breach, negligence or failure to use reasonable security measures.

We may require you to reset credentials, use multi-factor authentication or complete additional verification where reasonably necessary to protect the Platform, your Account or other users.

8. Personal and business accounts

A Personal Account may only be used for personal, domestic or household purposes. You must not use a Personal Account primarily for business, trade, professional or other commercial purposes.

You must hold a Business Account if you use Humble Hammer to:

promote, advertise or offer goods or services;
represent a business, professional practice, trade or commercial organisation;
create or manage a business profile or professional portfolio;
act as a supplier or prospective provider of goods or services, including seeking, receiving or responding to business leads, quote requests or other commercial opportunities in that capacity;
communicate with users as a supplier or prospective provider of goods or services; or
otherwise use the Platform principally in connection with your business or professional activities.

Requesting quotes, making enquiries or otherwise engaging Professionals or Suppliers for your own personal, domestic or household project does not require a Business Account.

A person who works in the building or design industry may still use a Personal Account for their own personal, domestic or household project, provided they do not use that account for the business purposes described above.

A Business Account may be offered on a free or paid plan.

If we reasonably believe that a Personal Account is being used for business purposes, we may ask the account holder to move to a Business Account. If the account holder does not do so within a reasonable period specified by us, we may restrict the relevant business features or suspend the Account in accordance with clause 47.

A Business User must ensure that all information associated with its business or professional profile is accurate, current and not misleading, including:

its legal and trading names;
ABN, ACN and business registration details;
business address and contact details;
licences, registrations, qualifications and memberships;
insurance information;
service areas and availability;
business experience and portfolio information;
project categories, specialties and capabilities;
fees, price indications and payment requirements;
product and service descriptions;
warranties and guarantees;
affiliations, partnerships and commercial relationships; and
promotional or comparative claims.

A Business User must not represent that it holds a licence, registration, approval, qualification, membership, insurance policy or professional status that it does not currently hold.

A Business User is responsible for determining and complying with the laws, codes, standards, licences, permits, registrations, insurance requirements and contractual requirements applying to its work, products and services.

Where multiple people access an organisation’s Account, the organisation is responsible for managing access permissions and promptly removing access from people who are no longer authorised.

9. Business listings and profile claims

We may create or display profiles or directory listings using:

information provided by users;
information supplied by business partners or data providers;
publicly available information;
government or industry registers; or
information obtained from other lawful sources.

An unclaimed listing does not mean that the listed business has joined, approved or endorsed Humble Hammer.

A person seeking to claim or manage a business listing must complete any authority and verification process we reasonably require.

Businesses may request correction of materially inaccurate information by contacting us. We may request evidence reasonably necessary to verify the correction.

We may retain basic factual or historical information about a business where lawful and reasonably necessary for reviews, public records, user safety, dispute handling or the integrity of the Platform, even where the business does not claim the listing.

10. Verification and badges

We may offer verification processes or display badges, labels or indicators relating to matters such as:

identity;
business authority;
ABN or business registration;
licences or qualifications;
insurance;
profile completeness;
project participation;
reviews or transactions; or
another attribute described on the Platform.

A verification check or badge confirms only that the stated information or evidence was submitted, matched or reviewed at or around the time of the check and to the extent described on the Platform.

A badge or verification result is not:

an endorsement or recommendation by Humble Hammer;
a warranty that the user is suitable, reputable or competent;
a guarantee that information remains current;
a guarantee that insurance will respond to a particular event;
a guarantee that a licence covers particular work or a particular location; or
a substitute for a user’s own checks.

Verification may be limited, automated or based on information obtained from third parties. We are not required to conduct inspections, background checks, reference checks, financial checks or ongoing monitoring unless expressly stated.

A verified user must promptly update us if the verified information changes, expires, is cancelled or becomes inaccurate.

We may remove, change or suspend a badge where:

the relevant information has expired or cannot be reconfirmed;
we receive credible information that it may be inaccurate;
the user does not provide requested supporting information;
the badge was obtained through error, fraud or misleading information; or
removal is reasonably necessary to avoid misleading users.

11. Insurance information

A Professional or Supplier that provides insurance information must ensure that:

the information is accurate and current;
the named insured and business details are correct;
the type and period of cover are described accurately;
any material limitation displayed on the profile is not misleading; and
the information is promptly updated if the policy changes, expires, is cancelled or no longer applies.

An insurance badge means only that information or evidence was provided or checked at or around a particular time. It does not mean that Humble Hammer:

arranged or issued the insurance;
has reviewed every exclusion or condition;
guarantees that the policy remains current;
guarantees that the policy applies to a particular project, person, location or type of work;
guarantees the financial position of the insurer; or
guarantees that a claim will be accepted or paid.

Before engaging a Professional or Supplier, users must make their own enquiries about the existence, scope, exclusions and currency of relevant insurance.

12. User checks and project decisions

Before engaging a Professional, Supplier or other user, you are responsible for making checks appropriate to the proposed arrangement. Depending on the circumstances, these may include:

identity and authority;
licences and registrations;
qualifications and experience;
insurance;
references and previous work;
legal and disciplinary history;
financial capacity;
availability;
written scope and specifications;
price, deposits and progress payments;
contract terms and cancellation rights;
warranties and defect obligations;
permits, approvals and certifications;
safety requirements; and
applicable laws and industry requirements.

Humble Hammer does not guarantee that a user is licensed, registered, insured, qualified, available, solvent, reputable, safe, suitable or legally entitled to provide a particular product or service.

You remain responsible for deciding whether to communicate with, engage, employ, contract with or make payment to another user.

13. Projects and project information

You may use the Platform to create and manage projects and related information, including:

photographs and videos;
plans, drawings and specifications;
budgets and costs;
schedules and milestones;
products, tools and materials;
files and documents;
project participants;
comments and updates;
quote information;
tasks and decisions; and
other project records.

Project tools are provided for general organisation and information-management purposes. Unless expressly stated otherwise, they are not a substitute for:

a signed building or service contract;
legally required notices or certificates;
professional project-management services;
accounting or financial records;
statutory record-keeping;
approved architectural or engineering documents;
safety documentation; or
a secure legal document repository.

You are responsible for maintaining copies of important files and records outside the Platform. We do not guarantee that project information will satisfy a legal, contractual, evidentiary, archival or professional record-keeping requirement.

14. Privacy and visibility settings

The Platform may allow you to select visibility settings for projects, profiles or Content.

You are responsible for reviewing and selecting the appropriate setting before uploading or publishing Content.

Visibility settings may include options such as public, shared with selected users or private. The precise operation of each setting will be described within the Platform.

No online access-control system can guarantee absolute confidentiality. You must not upload information where the consequences of unintended access would be unacceptable without first applying appropriate safeguards.

Regardless of the selected visibility setting, we may access, process, store, copy, transmit, back up, review or disclose Content where reasonably necessary to:

operate and provide the Platform;
apply your sharing instructions;
maintain security and prevent fraud;
provide support;
investigate a report or complaint;
enforce these Terms;
comply with law, court orders or regulatory requirements;
protect the rights, safety or property of users, third parties or Humble Hammer; or
establish, exercise or defend legal claims.

We handle personal information in accordance with applicable privacy law.

15. Sensitive and confidential information

You must not upload or disclose information unless you have the right and authority to do so.

In particular, you must take care before uploading:

government identifiers;
banking or payment credentials;
passwords or security codes;
health or medical information;
criminal-record information;
personal information about children;
precise home-security information;
building access codes or alarm details;
confidential commercial information;
privileged legal communications;
third-party plans, reports or photographs;
documents subject to contractual confidentiality; or
information that creates a safety, identity-theft or security risk.

You must obtain any consent required before uploading another person’s personal information, photograph, voice, plans, documents or private communications.

Humble Hammer is not responsible for a user’s unauthorised disclosure of confidential or third-party information.

16. Quote requests and project enquiries

The Platform may allow users to submit project requests, request quotes, provide estimates or exchange project information.

Unless the relevant users enter into a separate binding agreement:

a project request is an invitation to communicate and not an offer capable of acceptance;
an expression of interest is not a commitment to perform work;
a price range, estimate or preliminary quote is not necessarily a fixed price;
availability information is indicative only; and
communications through the Platform do not by themselves create a building, employment, agency, partnership or services contract.

Users are responsible for confirming and documenting matters including:

the identity of each contracting party;
the scope of work or supply;
plans, specifications and measurements;
site conditions;
inclusions and exclusions;
price and tax treatment;
deposits and payment milestones;
variations;
start and completion dates;
delays and extensions;
cancellation and termination;
warranties and defects;
permits, licences and inspections;
insurance and safety obligations;
ownership of materials and intellectual property; and
dispute-resolution procedures.

Humble Hammer does not guarantee that a quote, estimate, budget or pricing range is accurate, complete, current, available, compliant or suitable for a particular project.

17. Transactions between users

Unless expressly stated otherwise, Humble Hammer is not a party to and does not supervise transactions between users.

Users are responsible for:

negotiating and entering their own contracts;
obtaining legal or professional advice where appropriate;
determining applicable taxes;
issuing and retaining invoices and receipts;
making and receiving payments securely;
complying with statutory payment requirements;
managing deposits and progress payments;
handling refunds, variations, defects and disputes; and
complying with employment, contractor and workplace laws.

A feature that assists users to communicate, compare quotes, record decisions or exchange documents does not make Humble Hammer a party to the underlying arrangement.

We may introduce optional payment, contract, escrow or transaction services in the future. Additional terms will apply to those services.

18. Fees and paid features

Some Platform features may require:

a subscription;
the purchase or use of Credits;
a lead or enquiry fee;
a listing fee;
promotional or advertising spend;
a transaction or service fee; or
another charge disclosed before purchase.

Before you purchase, we will display the material purchase terms, which may include:

the price;
whether GST is included;
the billing period;
included features;
usage limits;
the initial term;
renewal arrangements;
cancellation instructions;
Credit requirements;
any trial period; and
any material eligibility or usage conditions.

By completing the purchase, you agree to the terms presented at checkout.

You authorise us and our payment providers to charge the selected payment method for the disclosed amount and any properly disclosed recurring charge.

You must keep payment details current and ensure that you are authorised to use the selected payment method.

19. Subscriptions and automatic renewal

Where disclosed before purchase, a subscription will renew automatically at the end of each billing period until cancelled.

The renewal period, renewal price or method for determining the renewal price, and available cancellation method will be shown before purchase.

You may cancel an automatically renewing subscription through the available Account settings or by contacting support@humblehammer.com.au.

Unless the checkout terms state otherwise:

cancellation stops the next renewal;
access continues until the end of the current paid billing period;
cancellation does not retrospectively refund an amount already properly charged; and
you remain responsible for charges incurred before cancellation.

We may provide renewal reminders where required by law or where we consider them appropriate.

If a payment fails, we may:

retry the payment using the authorised payment method;
notify you and request updated payment information;
restrict paid features while payment remains outstanding; or
cancel or suspend the subscription after reasonable notice.

We will not impose a charge that was not disclosed or otherwise lawfully agreed.

20. Price and plan changes

We may change the price or inclusions of a subscription for a future renewal period.

We will provide reasonable advance notice of a material price increase or material reduction in included paid features.

A price change will not apply retrospectively to a period already paid for unless:

you expressly agree;
the change is required by law or reflects a change in tax; or
the checkout terms clearly permit an adjustment and the adjustment is fair and reasonably necessary.

If you do not agree to a change applying from the next renewal, you may cancel before that renewal.

We may add, improve or remove individual features where reasonably necessary. If we discontinue the core purpose of a prepaid service during its current paid period, we will provide an appropriate remedy, which may include continued access, a substitute service, account credit or a proportionate refund.

21. Refunds

Except where required by law or expressly stated in the applicable purchase terms, fees are not refundable merely because:

you change your mind;
you do not use the service;
you fail to cancel before renewal;
your circumstances change; or
another user does not respond to you.

This clause does not exclude or restrict:

rights under the Consumer Law;
a remedy for an incorrect or unauthorised charge;
a remedy where the paid service was not provided as agreed;
a remedy expressly offered at checkout; or
any other right that cannot lawfully be excluded.

Refund requests may be submitted to support@humblehammer.com.au with relevant purchase information.

22. Taxes

Unless stated otherwise, prices displayed to Australian consumers include GST where GST is applicable.

Business Users are responsible for determining and meeting their own tax, invoicing, reporting and registration obligations arising from their use of the Platform or transactions with other users.

Humble Hammer does not provide tax advice.

23. Credits

We may allow users to receive Credits as part of a subscription, to purchase Credits, or to receive promotional Credits, for use with eligible features.

Credits:

may only be used for eligible Platform features described by us;
are not legal tender;
do not earn interest;
are not held as a bank deposit on your behalf;
cannot be redeemed for cash except where required by law;
cannot be sold, transferred or traded unless we expressly permit it; and
cannot be used outside the Platform.

The types of Credits, how they are allocated and used, when they expire, and how they may be reversed or cancelled are set out in our Credits and Billing Terms. We will disclose the expiry and any conditions that apply to your Credits before you buy them or when they are issued.

We may reverse, suspend or cancel Credits associated with a payment reversal or chargeback, payment fraud, duplicate or erroneous issuance, unauthorised Account access, abuse of a promotion, manipulation of the Credit system, or a material breach of these Terms connected with the Credits.

Closing your Account does not automatically entitle you to cash redemption of unused Credits. Any remedy will be determined under these Terms, the Credits and Billing Terms and applicable law.

24. Promotions, trials and referral programs

We may offer promotions, free trials, discounts, referral benefits or bonus Credits.

Additional eligibility, duration, usage, expiry and conversion terms may apply and will be disclosed with the offer.

Unless stated otherwise:

an offer is limited to one per eligible user or organisation;
an offer cannot be combined with another offer;
an offer has no cash value;
promotional benefits may expire at the disclosed time;
we may withhold or reverse a benefit obtained through duplicate Accounts, self-referral, collusion, fraud or misuse; and
the end of a free trial may result in a paid subscription only where automatic conversion and the applicable charge were clearly disclosed and authorised.

We may end or modify a promotion prospectively where reasonably necessary, but will not retrospectively remove a benefit already validly earned without a legitimate reason.

25. Reviews and ratings

Reviews and ratings must reflect a genuine experience, transaction or honestly held opinion.

A review of a Professional may only be submitted where the reviewer has had a genuine project, service, quote or relevant business experience with that Professional. We may require the reviewer to identify the project or provide reasonable supporting information.

A review of a product, tool or material may be submitted without a Humble Hammer project, but must be based on genuine use, purchase, testing or relevant experience.

A reviewer must:

provide an honest and independent opinion;
distinguish fact from opinion where appropriate;
disclose any personal, employment, family, competitive, financial or commercial connection that could affect the review;
disclose any incentive received for providing the review;
avoid claims the reviewer cannot reasonably substantiate;
avoid publishing unnecessary personal or confidential information; and
comply with the Review Policy and Community Guidelines.

A user must not:

create or arrange a fake or misleading review;
review an experience that did not occur;
submit multiple reviews to manipulate a rating;
impersonate another person;
offer an incentive that is conditional on a positive review;
pressure a person to remove or change an honest review;
submit a retaliatory review unrelated to the relevant experience;
use artificial intelligence to fabricate an experience or factual allegation;
arrange reviews from employees, family members, contractors or associates without clear disclosure;
submit a competitor review without clearly disclosing the conflict;
threaten a negative review to obtain money, free work or another improper benefit; or
publish unlawful, defamatory, abusive or privacy-invasive material.

An incentive offered for a review must be available on equivalent terms regardless of whether the review is positive or negative and must be prominently disclosed.

26. Review moderation and responses

Professionals and Suppliers may respond to reviews and report reviews they reasonably believe are:

fake or misleading;
unrelated to a genuine experience;
submitted by a conflicted person without disclosure;
defamatory or unlawfully threatening;
abusive, discriminatory or harassing;
privacy-invasive;
the subject of a genuine legal dispute; or
otherwise contrary to these Terms or the Review Policy.

We may:

request supporting information from the reviewer or reviewed party;
temporarily restrict visibility while investigating;
add a label or contextual information;
remove irrelevant personal information;
remove or restrict a review;
prevent further reviews from an Account;
adjust a rating affected by removed or invalid reviews; or
take no action where the review does not breach our policies.

We do not guarantee that every review has been verified or that every factual statement in a review is correct.

A decision not to remove a review does not mean that Humble Hammer adopts or endorses it.

Where reasonably practicable, we may provide notice of a moderation decision and an opportunity to request review of that decision.

27. Rankings, recommendations and commercial influence

Search results, directories, feeds, suggestions, recommendations, badges and ranking order may be influenced by factors including:

relevance to the search or project;
location and service area;
profile information and completeness;
category, specialty and project type;
user preferences and behaviour;
Platform activity and responsiveness;
availability;
review information;
verification status;
quality, trust or safety signals;
paid plans;
sponsored placement;
advertising;
supplier or commercial partnerships;
affiliate arrangements; and
testing or optimisation of Platform features.

A ranking or recommendation is not a guarantee that a person, business, product or service is the best or most suitable option.

Paid, sponsored, promoted, affiliate or commercially influenced placements will be identified where required to avoid misleading users.

A user must not attempt to manipulate rankings, recommendations, engagement, reviews or Platform metrics through bots, fake Accounts, coordinated activity or other deceptive means.

28. User Content

You retain ownership of the intellectual property rights you hold in your Content.

You are responsible for your Content and represent that:

you own it or have all rights, licences, permissions and consents needed to submit it;
its submission and use in accordance with these Terms will not infringe another person’s rights;
it does not breach confidence, privacy, data-protection, intellectual-property or other laws;
it is not materially false or misleading; and
it complies with these Terms and applicable policies.

Submitting Content does not transfer ownership to Humble Hammer.

29. Licence for private and restricted Content

For Content that is private or restricted, you grant Humble Hammer a worldwide, non-exclusive, royalty-free licence to host, store, back up, reproduce, transmit, technically modify, display and otherwise process that Content only as reasonably necessary to:

provide the Platform;
apply your selected privacy and sharing settings;
enable collaboration with users you authorise;
format, resize, transcode or optimise Content;
provide support;
maintain security and backups;
investigate reports or enforce these Terms;
comply with law; and
exercise or defend legal rights.

This licence does not permit us to use private or restricted Content in public advertising merely because it was uploaded to the Platform.

30. Licence for public Content

For Content you make public, you grant Humble Hammer a worldwide, non-exclusive, royalty-free licence to:

host, store, reproduce and display it through the Platform;
format, resize, crop, transcode and technically adapt it;
distribute it through Platform feeds, search, discovery and sharing features;
permit users to view and interact with it according to Platform functionality; and
feature it through Humble Hammer-owned websites, applications, emails and social-media channels for the purpose of operating and promoting the Platform.

This licence does not give us ownership of your Content.

We will not sell ownership of your Content to another person.

Where reasonably practicable, public promotional use will identify the relevant profile or project. We may omit attribution where necessary due to space, format, safety, privacy or technical limitations.

We will obtain separate permission before using private Content in advertising or using a user’s identity or Content in a manner that implies a personal endorsement beyond the context in which it was publicly posted.

The licence ends when the Content is deleted from the Platform, except to the extent that:

another user has already shared or incorporated it through an authorised Platform feature;
it appears in a backup retained for a limited period;
retention is required by law or for dispute, safety, fraud or enforcement purposes; or
it has already been incorporated into promotional material that cannot reasonably be withdrawn immediately.

We will stop new promotional use of deleted Content within a reasonable period.

31. Feedback

If you voluntarily provide ideas, suggestions or feedback about the Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use and develop that feedback without restriction or payment.

This clause does not give us ownership of confidential information, personal information or Content merely because it was included in a support request.

32. Humble Hammer intellectual property

Humble Hammer and its licensors own all rights in the Platform and associated materials, including:

software and source code;
visual design and interface elements;
databases and data structures;
logos, names and trademarks;
original text, graphics and illustrations;
ranking and recommendation systems;
compilations and taxonomies; and
documentation and proprietary processes.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes.

You must not, without our written permission:

copy, reproduce or commercially exploit a substantial part of the Platform;
scrape, crawl, harvest or systematically extract Platform data;
use automated tools to access the Platform except through an authorised interface;
reverse engineer, decompile or attempt to discover source code, except where the law prevents us from restricting that activity;
bypass access controls, rate limits or security measures;
frame, mirror or reproduce the Platform on another service;
use our branding in a misleading way;
register a name, domain or identifier that impersonates or is confusingly similar to Humble Hammer; or
use Platform data to create or improve a competing directory, review service, dataset or artificial-intelligence model.

Limited indexing by recognised public search engines is permitted where it follows our technical instructions and does not access private or restricted Content.

33. Copyright and intellectual-property complaints

If you believe Content on the Platform infringes your intellectual-property rights, you may contact support@humblehammer.com.au and provide:

your name and contact details;
identification of the protected work or right;
identification and location of the allegedly infringing Content;
an explanation of your claim;
evidence that you own or are authorised to act for the owner of the relevant right;
a statement that the information provided is accurate; and
any other information reasonably requested by us.

We may:

request further information;
restrict or remove the Content;
notify the person who submitted it;
permit that person to respond;
restore Content where the complaint is withdrawn or not reasonably substantiated; or
suspend repeat infringers.

You must not submit a complaint that you know is false, misleading or made for an improper purpose.

34. Messages and communications between users

The Platform may support direct messages, project chats, comments, discussions and other communications.

Messages are not necessarily monitored in real time and are not end-to-end encrypted unless expressly stated.

Subject to applicable privacy law and other applicable law, we may access, preserve, review, use or disclose messages where reasonably necessary for:

delivery and storage;
user-requested support;
security and fraud prevention;
investigation of reports or suspected misuse;
moderation and safety;
enforcement of these Terms;
compliance with law or legal process; or
protection of users, third parties or Humble Hammer.

You must not use communications to:

harass, threaten or abuse another person;
send spam or repetitive unsolicited messages;
engage in scams, fraud or unlawful conduct;
send misleading commercial claims;
distribute malware or harmful code;
obtain information through deception;
publish another person’s private information;
send unsolicited marketing contrary to law;
discriminate unlawfully;
solicit or exploit children;
evade a block, suspension or Platform restriction; or
pressure another user to avoid Platform safety or review rules.

You are responsible for exercising caution when communicating, meeting or transacting with another user.

35. Platform and marketing communications

We may send you operational communications relating to:

Account security;
verification;
project activity;
messages or notifications;
purchases and billing;
changes to the Platform or these Terms;
support requests;
safety or moderation; and
other matters necessary to provide the service.

You may not be able to opt out of essential operational communications while maintaining an Account.

We will send electronic marketing communications only where we have the consent or other legal basis required by law.

Marketing communications will identify the sender and include an unsubscribe method where required. You may also manage available communication preferences through your Account.

Unsubscribing from marketing does not prevent essential service communications.

36. Prohibited conduct

You must not use the Platform to:

break the law or encourage unlawful conduct;
mislead, deceive, defraud or impersonate another person;
infringe intellectual-property, privacy, confidentiality or contractual rights;
harass, stalk, threaten, vilify or unlawfully discriminate;
publish defamatory material;
post obscene, exploitative or severely abusive Content;
publish intimate or sexual material without the informed consent of every identifiable adult involved;
create, solicit, possess or distribute child sexual exploitation material;
groom, exploit or endanger a child;
promote terrorism or extreme violence;
encourage suicide, self-harm or serious harm;
facilitate human trafficking or exploitation;
sell or promote illegal or restricted goods or services;
disclose private identifying or security information without authority;
upload malicious code;
test or interfere with Platform security without written permission;
overload or disrupt the Platform;
evade enforcement action;
create deceptive, duplicate or automated Accounts;
use a Personal Account for business or professional purposes contrary to clause 8;
manipulate reviews, rankings, enquiries, referrals or Platform metrics;
collect user information for unauthorised surveillance, profiling or marketing;
use contact details obtained through the Platform for unrelated unsolicited marketing;
submit false reports or complaints;
interfere with another person’s use of the Platform; or
assist another person to do any of these things.

37. Safety and moderation

We may use human review, automated systems or a combination of both to detect and respond to potential breaches, fraud, spam, unsafe conduct and harmful Content.

Automated systems may make mistakes. Where appropriate, users may request review of a moderation decision.

We may take proportionate action including:

issuing a warning;
requesting information or correction;
limiting distribution or visibility;
applying a label;
removing Content;
disabling a feature;
restricting communications;
blocking interactions between users;
withholding or reversing an improperly obtained benefit;
suspending or closing an Account;
preserving relevant information;
notifying affected users;
referring a matter to a regulator, emergency service or law-enforcement authority; or
taking other reasonably necessary action.

We are not required to monitor every item of Content or every communication.

Our decision to investigate or take action in one case does not create an obligation to take the same action in every case.

In urgent situations involving a credible risk of serious harm, contact emergency services directly. Humble Hammer is not an emergency service.

38. Reports, complaints and appeals

You may report Content, conduct, reviews or Accounts using available reporting tools or by contacting support@humblehammer.com.au.

A report should include sufficient information for us to locate and assess the issue.

We may request supporting information and may share relevant allegations with the reported user where appropriate, subject to safety, privacy and legal considerations.

We do not guarantee a particular outcome or response time. We will prioritise matters based on factors such as severity, urgency, available evidence, legal obligations and risk of harm.

Where reasonably appropriate, a user affected by enforcement action may request an internal review by contacting support@humblehammer.com.au within 30 days.

A request for review must identify the decision and explain why it is believed to be incorrect.

39. Third-party websites and services

The Platform may contain links to or integrations with third-party websites, payment services, maps, social networks, storage providers, software, product pages and other services.

Third-party services are governed by their own terms and privacy practices.

Unless expressly stated, Humble Hammer does not control or endorse a third-party service and is not responsible for:

its availability or security;
its content or accuracy;
its privacy practices;
its products or services;
transactions made through it; or
loss caused by reliance on it.

You are responsible for reviewing the third party’s terms before using its service.

40. Products, tools and materials

Information about products, tools and materials may be provided by users, manufacturers, Suppliers, retailers, affiliates, data providers or public sources.

Product information may change and may contain errors, omissions or outdated information.

Before purchasing or using a product, you must confirm relevant information with the manufacturer, supplier or retailer, including:

model and compatibility;
dimensions and technical specifications;
installation requirements;
safety instructions;
warranties;
certifications and compliance;
availability;
price; and
suitability for the intended purpose.

Humble Hammer does not guarantee that a product is safe, compliant, available, fit for purpose or compatible with a particular project.

Product recalls and safety notices must be checked through appropriate official or manufacturer sources.

41. Affiliate links and sponsored Content

We may receive payment, commission, referral benefits, data, products or other value in connection with:

sponsored listings;
promoted Content;
affiliate links;
product referrals;
advertising;
partnerships; or
commercial campaigns.

Where required, commercially influenced Content will be labelled or otherwise disclosed.

The existence of a commercial relationship does not remove your responsibility to assess whether a product, service or Professional is suitable.

Unless expressly stated, clicking an affiliate link does not increase the price charged to you.

42. General information only

Content available through Humble Hammer is general information only.

It is not professional advice and must not be relied upon as a substitute for advice from an appropriately qualified person.

You should obtain independent advice for matters involving:

architecture and design;
engineering and structural safety;
surveying and certification;
building and planning approval;
building contracts;
legal rights and disputes;
taxation and accounting;
insurance;
finance and lending;
workplace health and safety;
electrical, gas and plumbing work;
hazardous materials;
environmental requirements; and
any matter requiring a licence, qualification or professional judgement.

Project examples and user experiences may not be suitable for another property, site, budget or jurisdiction.

43. Artificial-intelligence and automated features

The Platform may offer features that use artificial intelligence, machine learning or automated processing to:

organise Content;
generate suggestions or summaries;
assist search and discovery;
detect potential policy breaches;
classify projects, products or services;
suggest wording, categories or project information; or
support other Platform functions.

Automated outputs may be inaccurate, incomplete, outdated, biased or unsuitable.

You must review an automated output before relying on, publishing or acting on it.

Automated outputs do not constitute professional, legal, building, engineering, financial, safety or other expert advice.

You must not submit confidential, sensitive or third-party information to an AI feature unless the feature is approved for that information and you have authority to provide it.

Additional notices or terms may apply to particular AI features.

44. Availability, maintenance and changes to the Platform

We aim to provide a reliable service, but do not guarantee uninterrupted or error-free availability.

The Platform may be unavailable or degraded because of:

maintenance;
updates;
telecommunications or internet failures;
third-party service failures;
security incidents;
excessive demand;
events outside our reasonable control; or
other technical or operational issues.

We may modify, test, replace or discontinue features where reasonably necessary.

Where a change will materially reduce core functionality that users reasonably rely on, we will use reasonable efforts to give at least 30 days’ advance notice through the Platform, by email or by another appropriate method, unless an urgent change is required for legal, security, fraud-prevention or safety reasons.

Where a change materially affects a paid feature during a prepaid term, clause 20 applies.

You are responsible for maintaining compatible devices, software and internet access.

45. Beta and experimental features

We may make beta, preview, early-access or experimental features available.

Such features may:

be incomplete;
contain errors;
change without notice;
be subject to usage limits;
produce unexpected results; or
be withdrawn.

We will identify beta or experimental features where reasonably practicable.

You must not rely on a beta feature for critical safety, contractual, financial, legal or record-keeping purposes.

Any non-excludable legal rights continue to apply.

46. Security

We use measures designed to protect the Platform and information we hold, but no system can be guaranteed to be completely secure.

You must not:

attempt unauthorised access;
probe or test security controls without written permission;
introduce malware;
interfere with another Account;
exploit a vulnerability; or
publicly disclose a vulnerability in a manner that creates avoidable risk.

Potential security vulnerabilities may be reported to support@humblehammer.com.au.

We may take urgent protective action, including temporarily restricting access, where reasonably necessary to contain a security risk.

47. Suspension and restriction

We may suspend, restrict or limit an Account or feature where we reasonably believe this is necessary because of:

a material or repeated breach of these Terms;
fraud, deception or impersonation;
payment failure or chargeback abuse;
unlawful conduct;
a credible safety or security risk;
manipulation of reviews, rankings or Platform systems;
inaccurate or misleading professional information;
use of a Personal Account for business purposes contrary to clause 8;
misuse of verification or badges;
repeated substantiated complaints;
an intellectual-property infringement;
a request from a court, regulator or law-enforcement authority;
a legal requirement; or
a need to investigate serious suspected misconduct.

Where appropriate, we will provide notice and a reasonable opportunity to respond or correct the issue.

We may act immediately without prior notice where delay would create a material safety, security, fraud, legal or operational risk.

A restriction will be no broader or longer than we reasonably consider necessary in the circumstances.

48. Closing your Account

You may request closure of your Account through available Account settings or by contacting support@humblehammer.com.au.

Before closing your Account, you should download any Content or records you wish to retain.

On request made within 90 days after your Account is closed, we will make available a standard export of your Content in a commonly used format, except to the extent that doing so is not technically practicable or would compromise another person’s rights, privacy or safety. After that period we may de-identify or delete your Content from active systems, subject to backup retention cycles and any legal, dispute, safety or fraud-prevention retention requirements.

Account closure may be delayed or limited to the extent reasonably necessary to:

process outstanding payments or refunds;
resolve an active dispute;
investigate fraud or misuse;
comply with law;
preserve evidence;
protect users;
maintain valid reviews and responses;
maintain records associated with completed transactions; or
complete a requested data export or deletion process.

Closing an Account does not automatically remove:

Content another user has independently posted;
messages or project records retained by another authorised participant;
valid reviews and associated responses;
information required for legal, safety, fraud-prevention or dispute purposes;
public business information lawfully maintained in a directory; or
backup copies awaiting scheduled deletion.

Personal information will be handled in accordance with applicable privacy law.

49. Termination by Humble Hammer

We may close an Account where:

the user materially or repeatedly breaches these Terms;
continued access presents an unacceptable safety, security, fraud or legal risk;
the Account is used unlawfully;
required fees remain unpaid after reasonable notice;
verification was obtained through fraud or material misrepresentation;
the user repeatedly abuses other users or Platform processes;
we are legally required to close it; or
we discontinue the Platform.

Where the issue can reasonably be corrected, we may provide notice and an opportunity to remedy it before termination.

If we terminate a paid Account because of the user’s material breach, fraud or unlawful conduct, fees already paid are not refundable except where required by law.

If we terminate a paid Account without user breach and do not provide the remaining paid service or a reasonable substitute, we will provide an appropriate proportionate remedy, subject to applicable law.

Clauses intended by their nature to continue after termination remain effective, including clauses dealing with intellectual property, Content licences, accrued payments, disputes, liability and indemnities.

50. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified.

The Platform and paid services may come with guarantees under the Consumer Law, including guarantees that services will be provided with due care and skill, be fit for a disclosed purpose in applicable circumstances and be supplied within a reasonable time where no time is fixed.

Any disclaimer, exclusion or limitation in these Terms applies only to the maximum extent permitted by law.

Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, we may limit our liability, at our option, to:

supplying the relevant services again; or
paying the cost of having the relevant services supplied again.

This limitation does not apply where it would be unlawful, including where the relevant services are of a kind ordinarily acquired for personal, domestic or household use and the law does not permit that limitation.

51. Disclaimers

To the maximum extent permitted by law, and subject to clause 50:

Content provided by users represents the views and information of those users, not Humble Hammer;
we do not guarantee the identity, conduct, availability, suitability or performance of a user;
we do not guarantee the quality, legality, safety or outcome of third-party work, products or services;
we do not guarantee that Content, listings, prices, reviews, availability, licences, insurance or product information is complete, accurate or current;
we do not guarantee that a user will receive an enquiry, quote, response, project, customer, lead, sale or commercial result;
we do not guarantee that Platform communications will result in a contract;
we do not guarantee that the Platform will be uninterrupted, secure or error-free; and
you use information and interact with other users at your own reasonable discretion and risk.

Nothing in this clause excludes responsibility for our own fraud, wilful misconduct, negligence where liability cannot lawfully be excluded, or breach of a non-excludable legal obligation.

52. Liability

To the maximum extent permitted by law, Humble Hammer is not liable for loss arising solely from:

a contract or dispute between users;
work performed or not performed by a Professional;
defective, delayed, unsafe or non-compliant third-party work;
a third-party product or service;
a user’s failure to conduct appropriate checks;
a quote, estimate, budget or pricing indication supplied by another user;
a review or statement submitted by a user;
an off-Platform payment or transaction;
a planning, licensing, insurance or permit issue;
unauthorised Content submitted by a user;
a user’s disclosure of confidential or sensitive information; or
a decision made in reliance on general or user-generated information.

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the relevant contract was formed.

For claims other than claims arising from a non-excludable guarantee or from our fraud, wilful misconduct or liability that cannot lawfully be limited, our aggregate liability arising from the Platform or these Terms is limited to the amount you paid directly to Humble Hammer for the affected service during the 12 months before the event giving rise to the claim.

This limitation applies only to the extent that it is fair, reasonable and legally enforceable in the circumstances.

Nothing in these Terms limits your obligation to pay an amount properly due for a service already supplied.

53. Your responsibility for third-party claims

To the extent permitted by law, you are responsible for loss reasonably incurred by Humble Hammer as a direct result of a third-party claim caused by:

your unlawful Content;
your infringement of intellectual-property, privacy or confidentiality rights;
your fraud or deliberate misrepresentation;
your unauthorised use of another person’s identity or information;
your material breach of these Terms; or
your unlawful use of the Platform.

Your responsibility under this clause is reduced to the extent that the loss was caused or contributed to by Humble Hammer’s breach, negligence or wrongful conduct.

We will take reasonable steps to:

notify you of a relevant claim;
allow you to provide information relevant to the claim; and
mitigate avoidable loss.

You are not required to assume control of legal proceedings or agree to a settlement without your consent.

54. Disputes between users

A dispute arising from work, products, services, payments or contracts between users remains between those users.

Users should first refer to their written contract, applicable legislation and any agreed dispute process.

Humble Hammer may, but is not required to:

provide communication records where lawful and appropriate;
preserve relevant Platform information;
restrict an Account while investigating serious misconduct;
moderate Content or reviews;
encourage direct resolution;
provide general information about external dispute services; or
comply with a valid legal request.

Humble Hammer does not determine contractual liability, building defects, professional negligence, payment entitlements or legal rights between users.

55. Complaints about Humble Hammer

A complaint about the Platform, billing, Credits, moderation, privacy or another Humble Hammer service may be submitted to:

Email: support@humblehammer.com.au

Please include:

your name and Account details;
a description of the issue;
relevant dates and transactions;
supporting information; and
the outcome you are seeking.

We will assess complaints in good faith and may request further information.

Nothing in this clause prevents you from contacting a regulator, consumer-protection agency, privacy authority, eSafety Commissioner, court or tribunal where you are entitled to do so.

56. Dispute resolution with Humble Hammer

Before commencing court proceedings against Humble Hammer, you and Humble Hammer agree to make a genuine attempt to resolve the dispute by written notice and negotiation.

The notice must describe:

the nature of the dispute;
the relevant facts;
the remedy sought; and
any supporting information reasonably available.

The parties will allow at least 30 days for good-faith discussions after the notice is received.

This clause does not prevent either party from:

seeking urgent interlocutory or injunctive relief;
commencing a claim before a limitation period expires;
using a small-claims procedure;
contacting a regulator; or
exercising a right that cannot lawfully be restricted.

57. Governing law

These Terms are governed by the laws of Victoria, Australia.

Subject to clause 56 and any non-excludable jurisdictional right, the courts of Victoria and the Commonwealth courts with jurisdiction in Victoria may hear disputes relating to these Terms.

Nothing in this clause prevents a consumer from exercising a right to commence proceedings in another jurisdiction where that right cannot lawfully be excluded.

58. Notices

We may give notices to you through:

the Platform;
the email address associated with your Account;
an in-app notification; or
another contact method you have provided.

You are responsible for keeping your contact information current.

A notice sent electronically is taken to be received when it becomes capable of being retrieved, unless the sender receives a delivery-failure notice or applicable law provides otherwise.

Legal notices to Humble Hammer may be sent to:

Humble Hammer Pty Ltd
ABN: 12691209739 Email: support@humblehammer.com.au

59. Assignment and changes of control

You must not transfer your Account or assign your rights under these Terms without our written consent.

We may transfer our rights and obligations under these Terms as part of:

a corporate restructure;
financing;
a sale of all or part of the business;
a merger or acquisition; or
a transfer to a related company,

provided that the transfer does not materially reduce your rights and the recipient agrees to assume the relevant obligations.

Where required, we will notify you of a material transfer.

60. Events outside reasonable control

Neither party is responsible for delay or failure caused by an event outside its reasonable control, including natural disasters, widespread telecommunications failure, war, civil disturbance, government action, epidemic, major cyberattack or failure of critical third-party infrastructure.

This clause does not excuse:

payment obligations that arose before the event;
obligations that can reasonably continue despite the event; or
a failure to take reasonable steps to mitigate the effect of the event.

61. No waiver

A failure or delay in exercising a right does not waive that right.

A waiver is effective only if given in writing by the party granting it.

62. Severability

If a provision of these Terms is invalid, unlawful or unenforceable, it will be read down to the minimum extent necessary to make it valid and enforceable.

If it cannot be read down, it will be severed and the remaining provisions will continue to apply.

63. Confidentiality

In this clause, Confidential Information means non-public information disclosed by one party (the discloser) to the other (the recipient) that is identified as confidential, or that a reasonable person would understand to be confidential from its nature or the circumstances of disclosure. It does not include your Content (which is dealt with under clauses 28 to 30) or personal information (which is handled in accordance with applicable privacy law).

Each party must:

keep the other party’s Confidential Information confidential;
use it only for the purposes of the relationship governed by these Terms; and
protect it using at least the same degree of care it uses for its own confidential information, and in any case no less than reasonable care.

These obligations do not apply to information that:

is or becomes public other than through a breach of these Terms;
was already lawfully known to the recipient without a duty of confidence;
is independently developed by the recipient without using the Confidential Information; or
is lawfully received from a third party entitled to disclose it.

If the recipient is required by law, court order or a regulator to disclose Confidential Information, it may do so, but must (where lawful and reasonably practicable) give the discloser prompt notice so the discloser can seek a protective order or other appropriate relief.

This clause does not limit our rights to access, use, store and disclose Content and other information as described in clauses 14, 34 and 37.

64. Support

We provide reasonable support for the Platform during business hours in the Australian Eastern Standard Time (AEST) zone, through in-product support channels and email.

We may publish the scope of support, eligible channels and target response times, and may update them from time to time. Any specific support commitments for a paid plan are those described at checkout or in an applicable Order Form.

Support targets are goals, not guarantees, and do not limit your rights under the Consumer Law or any other right that cannot lawfully be excluded.

65. Identifying you as a user of the Platform

With a Business User’s prior consent, we may identify that Business User as a user of the Platform, including by using its business name and logo, in our marketing and promotional materials.

A Business User may withdraw this consent at any time by written notice. On withdrawal, we will stop new promotional use that identifies the Business User within a reasonable period, except to the extent that the material has already been distributed or cannot reasonably be withdrawn.

This clause applies to Business Users only and does not affect the Content licences in clauses 29 and 30.

66. Entire agreement

These Terms and the documents incorporated under clause 3 form the agreement between you and Humble Hammer concerning the Platform.

They replace prior discussions or representations about the Platform, except for:

a separate written agreement signed by the relevant parties;
express checkout terms; and
representations or rights that cannot lawfully be excluded.

67. Contact us

Questions about these Terms may be sent to:

Humble Hammer Pty Ltd
ABN: 12691209739 Email: support@humblehammer.com.au
Website: https://humblehammer.com.au/