Legal & Privacy

Terms of Service

This Terms of Service Agreement (the “Agreement”) sets forth the legally binding terms and conditions governing the access to and use of the platform and services provided by Foresight Home Planning Pty Ltd (“FHP”, “we”, “our”, or “us”) by you, the user (“you”, “your”, or “user”). The platform includes, but is not limited to, https://foresighthomeplanning.com.au and all of its subdomains. By accessing or using the platform and its services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to these terms, you are not authorized to access or use the platform and its services and must cease all use immediately.

This Agreement, along with our Privacy Policy, Copyright Notice, and Terms of Business, collectively constitutes the entire agreement between FHP and its users in relation to the use of FHP’s website, platform, products, or services, and supersedes all prior agreements and understandings, whether written or oral, with respect to the same.

Please carefully review the terms and conditions outlined below to ensure your understanding and agreement:

NOTICE: This Agreement contains important provisions, including a binding arbitration clause, which affect your legal rights and remedies in relation to your use of the platform and its services.

1. Introduction

The platform serves as an essential first step for individuals embarking on the journey of building a new home by providing access to an online software designed to assist users in discovering their ideal home and connecting them with builders who can bring their vision to life. Our service offers a comprehensive toolkit for users to explore, refine, and define their preferences, allowing them to uncover the key elements that will make their home perfect for their needs and aspirations. Through the HomeVision program, users are guided through a series of interactive exercises and prompts that help them gain clarity on their desired home features, layouts, and design elements. By leveraging our platform, users can store and organize their notes, ideas, and images, creating a comprehensive record of their vision for their ideal home. These inputs are then utilized to connect users with builders who can provide tailored new home proposals that align with their preferences and requirements.

Our service is a complete start-to-finish solution, designed to guide those unfamiliar with the process of home building through every step, methodically leading users through a process of discovery and clarification that brings out the full potential of their dream home, often leading to results that surpass their initial expectations.

2. Scope of Services

FHP offers three primary services through its platform:

a. IdeaDrop: This is a web application specifically designed for users to streamline their new home project planning process. It allows users to save, categorize, and manage notes, images, and innovative ideas that they come across in their research or brainstorming sessions. It provides an organized and accessible platform where users can collate all their thoughts, inspirations, and critical project-related information in one place, fostering a more efficient and comprehensive planning process.

b. HomeVision Program: The HomeVision program consists of two stages, Preliminary Education and Vision Crafting. The program commences with a “Preliminary Education” stage, designed to orient users with the home building process, provide expectations for working with a builder, and guide them on how to use the IdeaDrop web app effectively. The Vision Crafting stage (stage 2) is aimed at helping users understand the intricacies of home planning and facilitating the creation of a comprehensive summary that documents what the user wants their new home project to consist of.

c. BuilderConnect Program: The primary function of Foresight Home Planning’s (FHP) BuilderConnect service is to seamlessly connect our users with a builder for their new home construction project. Through this service, FHP aggregates the user’s generated summaries from their IdeaDrop and HomeVision program to determine which builder from our network of partner builders, referred to as “Foresight Select Builders”, we believe is the best fit for a user’s project. Upon identifying a suitable builder who meets the criteria that we require for our clients’, FHP enters into a commission-based client referral agreement with the builder. In exchange, the builder agrees to provide the user with a tailor-made new home proposal, specifically tailored to their project needs and preferences. FHP also supply its BuilderConnect participants with our Builders Quote Checklist. A free of charge downloadable PDF document that includes a list of questions and considerations for users to refer to when reviewing the plans and quote provided by their builder. This checklist becomes available to users once they have been accepted into the BuilderConnect Program. Please refer to the ‘Builders Quote Checklist section of this agreement for further details on the Builders Quote Checklist. This is the extent of the service that Foresight Home Planning provides in relation to its BuilderConnect service. It is then the Foresight Select Builder’s responsibility to create and present a new home proposal to the user.

Please note that, as explicitly outlined in the Disclaimers section of this Terms of Service Agreement, FHP does not extend services pertaining to construction advice, financial advice, real estate agency activities, land or home sales, provision of home pricing or quotations, or the creation of construction drawings or new home proposals.

By using these services, you acknowledge and agree that these services are governed not only by this Agreement but also by the Terms of Business (TOB) of FHP. We strongly recommend that you familiarize yourself with the TOB before using these services to ensure your understanding and compliance with all relevant terms and conditions.

3. Account Access

To access the platform and utilize these services, all you need is a device with internet access and an FHP user account. Creating a user account enables you to establish and access your personal account within the FHP platform. This account grants you the ability to interact with the IdeaDrop web tool, the Preliminary Education chapter, and the HomeVision program. Please note that the IdeaDrop tool and the Preliminary Education chapter are services provided free of charge by FHP. The HomeVision program, on the other hand, is accessible only upon payment of the associated fee.

Access to the BuilderConnect Program and the Builder’s Quote Checklist, are not immediately available upon account creation. These services are subject to specific conditions and requirements as detailed in the ‘Access to BuilderConnect’ section of this Terms of Service Agreement. Please refer to that section for further clarification.

4. Communication and Email Policy

a.     Email Communication Consent: By creating an account on the FHP platform and using our services, you consent to receive periodic email communications from us. These communications may include, but are not limited to, service updates, instructional content on how to use our IdeaDrop tool, and other relevant information related to our home planning services.

b.     Nature of Emails: Our goal is to guide and assist you in the home planning process. As such, our emails aim to be informative, helping you to effectively utilize the IdeaDrop tool and other services, and keep you updated on the latest developments at FHP.

c.     Opt-Out Policy: While we aim to provide valuable information through our emails, we understand if you prefer not to receive them. You will have the option to opt out of receiving these communications at any time. Each email will include a link to unsubscribe from future emails. Please note, however, that opting out may affect your ability to fully utilize our services.

d.     User Data Protection: We are committed to protecting your data and privacy. Your email address and other personal information will be handled in accordance with our Privacy Policy, ensuring that your data is used solely for the purposes of providing and improving our services.

e.     Phone Communication Consent: In addition to email communication, we may contact you by phone to provide service updates, assistance with our programs, or other relevant information related to our home planning services. By providing your phone number and using our services, you consent to receive such phone communications from us.

5. One Account per Person

Users are only permitted to create and maintain one account per person.

6. Geographic Restrictions and Service Limitations

The Services are primarily intended for use by residents of Queensland (QLD), Australia, or individuals intending to build in Queensland regardless of their current residence. Due to the online nature of our services, we understand that users outside of this location may access our platform. However, it is important to note that our BuilderConnect Program is exclusively available to those building in Queensland.

While users outside of Queensland, or those not intending to build in Queensland, may choose to use our platform and may purchase access to the HomeVision program, these users will not be approved for access to the BuilderConnect program. This means that such users will not be paired with a builder from our network, as this service is strictly limited to projects located in Queensland.

If you are not intending to build in Queensland and choose to use our services, you do so understanding these restrictions and limitations. Your acceptance of these Terms of Service confirms your understanding and acceptance of this provision.

7. User Requirements

By accessing and utilizing FHP’s website, products, platform or services, you affirm that you are at least 18 years old and possess the legal capacity to engage in a binding contract. By using FHP’s services, users authorize FHP to share their personal and user-generated data with FHP’s network of partner builders. This data sharing facilitates the BuilderConnect Program, enabling our partner builders to create and provide a tailor-made new home proposal for our users who have participated in our BuilderConnect program.

8. User Responsibilities

Users are responsible for providing accurate and complete information when using FHP’s services. Users must also comply with all applicable laws and regulations and are responsible for obtaining any necessary permissions or consents related to their new home project.

9. FHP Responsibilities

FHP is responsible for providing the services outlined in the Scope of Services section above. FHP will use reasonable efforts to connect users with suitable builders based on the user’s preferences and requirements. However, FHP does not guarantee that a suitable builder will be available or that the user will be satisfied with the builder’s services. FHP does not guarantee or represent that its partner builders are solvent or have the financial capacity to complete a user’s home. Users are responsible for conducting their own due diligence when selecting a builder for their home project.

10. Progressively Unlocking Program

The HomeVision program is designed to be completed progressively, starting with the free Preliminary Education chapter and proceeding question-by-question and chapter-by-chapter until completion. Access to the Builders Quote Checklist will be granted only to users who have purchased access to the HomeVision program, completed it in its entirety, submitted a request to participate in the BuilderConnect program and been approved to participate in the BuilderConnect program.

11. Home Planning Progress Lock and Account Archiving

Upon completion of the Vision Crafting stage (aka stage 2) of the HomeVision Program, and subsequent request for access to the BuilderConnect Program, the user’s home planning progress will be locked. At this point, no further edits to the user’s home planning progress will be possible. This includes locking the ability for users to upload or add further images or notes to IdeaDrop and locking the ability for users to make edits to any previously editable or selectable fields within the HomeVision program, permitting the user to only review a summary of their responses to the HomeVision Program and IdeaDrop summary within the Archive folder which is available through the users logged in dashboard on the Foresight Home Planning website. The summary of the user’s previously planned home will be retained in a viewable archived section of the user’s account indefinitely or until the user requests their account be deleted.

At this stage, if the user chooses to start planning a new home from the beginning, they will have the ability to commence the Preliminary Education stage (stage 1) of the HomeVision program again at no cost however, will be required to repurchase the Vision Crafting stage of the HomeVision program again. Foresight Home Planning disclaims any liability for the loss or deletion of any archived information.

12. Fees and Payment

Access to the IdeaDrop & BuilderConnect service are free. Fees for the HomeVision Program will be specified on the FHP website or in any other written communication between FHP and the user. FHP reserves the right to change its fees at any time.

The BuilderConnect Program is a free service separate from the costs associated with the HomeVision Program. Users acknowledge that payment for the HomeVision Program does not automatically entitle them to access the BuilderConnect Program. Please refer to the ‘Access to BuilderConnect’ section of the Terms of Service for further details on the specific requirements that users must meet to be eligible for access.

13. Refund Policy

This section outlines the circumstances under which FHP will provide a refund for the fees associated with the Vision Crafting stage of the HomeVision Program, herein referred to as ‘Vision Crafting Stage’. Please read this section carefully to understand your rights and obligations regarding refunds.

a. Refund Eligibility:

You are entitled to a refund of the fees associated with the Vision Crafting Stage less a $100 administration fee if:

i)      You apply for a refund within 14 days after the date you were provided access to the Vision Crafting Stage; AND

ii)     You have not logged into the paid section of the Vision Crafting Stage. Please note the Paid section of the Vision Crafting Stage commences once the user hits continue on the payment confirmation page.

b. Refund Exclusions:

You are NOT entitled to a refund in the following circumstances:

i)     More than 14 days have passed since the date you were provided access to the Vision Crafting Stage;

ii)    You have already logged in to the Vision Crafting Stage; or

iii)   We terminate your account on the grounds of misconduct.

c. Refund Process:

All applications for a refund must be made in writing and outline the reasons why a refund is requested. Applications for a refund must be emailed to admin@foresighthomeplanning.com.au. We will process your application for a refund in accordance with this section.

14. Confidence Guarantee
This section outlines the Confidence Guarantee that FHP provides as an included benefit within the Vision Crafting Stage paid tier of the HomeVision Program. Please read this section carefully to understand your rights and obligations regarding the Confidence Guarantee.

a. Confidence Guarantee Eligibility:
Confidence Guarantee Eligibility: The Confidence Guarantee is only applicable to users who have paid Foresight Home Planning PTY Ltd to access the Home Vision Program. Paying users must also have completed the HomeVision program, requested access to the BuilderConnect program, been granted access to the BuilderConnect program, and obtained your New Home Proposal through our BuilderConnect program. If, after receiving the builder new home proposal, you are not satisfied for any reason and choose not to build the home, or any home proposed to you by the builder we paired you with, you are entitled to a full refund of the fee you paid to FHP. This is the applicable ‘Vision Crafting Stage Paid Tier’ fee that is paid directly through the Foresight Home Planning website at the commencement of the Vision Crafting stage of the HomeVision program.

b. Confidence Guarantee Exclusions:
The Confidence Guarantee is not applicable if you have not completed the HomeVision program or if you have not obtained your New Home Proposal through our BuilderConnect program. This offer does not include refunding any other costs a user might incur in relation to the planning of their new home, from any other third party.

c. Confidence Guarantee Process:
To claim the Confidence Guarantee, simply email us expressing your dissatisfaction and request for a refund, and we will process your refund as soon as possible. If a refund is requested, approved by FHP and reimbursed back to the user, the user’s account will be terminated and all data contained within it will be deleted and no longer accessible by the user.

15. Access to BuilderConnect

By default, users are not granted access to the BuilderConnect service unless they meet specific requirements. To access the BuilderConnect service, users must:

a.     Create a user account on the FHP platform;

b.     Access and complete the Preliminary Education program;

c.     Add one (1) or more images and/or notes regarding their desired home to each category contained within the IdeaDrop web app;

d.     Complete the HomeVision program in its entirety;

e.     Own a vacant parcel of land within QLD Australia and nominate it as your intended construction site within the HomeVision program;

f.     Demonstrate financial readiness to meet the costs associated with building a new home, either through proof of a pre-approved loan or sufficient savings;

g.     Request access to the BuilderConnect program;

h.     Be approved access to the BuilderConnect program by FHP.

FHP management reserves the right to assess each request for access to BuilderConnect and may deny access to any user deemed unsuitable.

Users who choose to participate in the BuilderConnect program offered by Foresight Home Planning (FHP) acknowledge that they have read, clearly understood, and agree to be bound by the specific BuilderConnect Terms and Conditions provided separately within the Terms of Business. These BuilderConnect Terms and Conditions outline the details of the BuilderConnect program, including the Commission Disclosure and Acknowledgment, No-Cost Service and Limitation of Refunds, Access Requirements, Service Access Denial Policy, and more. By participating in the BuilderConnect program, users confirm their acceptance of these additional terms. If users do not agree with any part of the BuilderConnect Terms and Conditions, they should not participate in the program.

16. Credit of HomeVision Fee and Pricing Page Disclaimer

Users agree that the HomeVision fee credit is applicable only when participating in the BuilderConnect program and building with the builder provided through the BuilderConnect program in accordance with the Terms of Business. The Credit is not a direct refund to your financial account. The credit cannot be accessed if a refund for the HomeVision program is requested and received by the user. The Credit cannot be obtained by the user if the user did not pay fiat currency to Foresight Home Planning Pty Ltd to access the HomeVision program.

The credit is subject to the ‘HomeVision Fee Credit Terms and Conditions’ which can be located within the Terms of Business Agreement. Users are encouraged to review these terms and conditions at https://Foresighthomeplanning.com.au/legal-privacy/ to fully understand the requirements and conditions associated with the credit offer. By using our services, users agree to be bound by these specific terms and conditions.

17. Builder’s Quote Checklist

As part of the BuilderConnect Program, FHP provides a downloadable PDF document called the ‘Builder’s Quote Checklist’. This checklist contains a list of questions and considerations for users to refer to when reviewing plans provided by their builder. Users agree and understand that this checklist is not available to them until they have successfully unlocked it by completing the required tasks outlined above in the “Access to BuilderConnect” section of this document/Agreement. By using the Builder’s Quote Checklist, users acknowledge that it is intended to serve as a general guide and not as professional advice, and that FHP is not partially or fully responsible for any decisions or actions users take based on the information provided in the checklist. When available, the checklist is provided to eligible users free of charge and is not an inclusive item within the FHP Vision Crafting Stage paid tier. From time to time the checklist may not be available due to updates being made by our team or other reasons. FHP is not obligated to provide reimbursement to the user if the checklist is not available.

18. Prohibited Activities

Users agree not to engage in or attempt to engage in any prohibited activities in relation to their access and use of the Services, including but not limited to:

a.    Uploading content unrelated to planning a new home they wish to build. Users found in violation may have their accounts terminated, emails blocked from creating further accounts, and be liable for financial damages to FHP.
b.     Infringing on or violating any intellectual property rights.
c.     Interfering with or compromising the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system.
d.     Engaging in fraudulent or deceptive activities.
e.     Data mining, scraping, or using similar methods to gather or extract content or information from the Services.
f.     Soliciting information from minors, or engaging in harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or discriminatory activities.
g.     Violating any applicable law, rule, or regulation of Australia, your country of residence, the country where you are accessing the Services from, or another relevant jurisdiction, including restrictions and regulatory requirements imposed by Australian law.

19. Statements on the FHP Website

The following statements on the FHP website reflect the aims and objectives that Foresight Home Planning (FHP) strives to achieve for its users. These statements serve an informational purpose and should not be relied upon as guarantees without further research or consultation with appropriate professionals, such as licensed builders.

FHP is designed to aid users in planning their new homes and to improve the overall standard and functionality of these homes. However, due to the inherently unique nature of each home building project and the fact that users cannot simultaneously experience the alternative of not using our service, we cannot precisely measure or guarantee the specific differences in outcomes, savings, or experiences associated with these statements. Each user’s experience will depend on a multitude of factors including but not limited to the individual circumstances of their project, their chosen builder, and their specific decisions during the building process.

Therefore, while we aim to enhance the home building experience, actual results may vary, and FHP makes no guarantee or warranty regarding the outcomes, savings, or experiences associated with these statements or any other statements contained on our website:
a.     “Saves you time and money by limiting costly variations.”
b.     “Reduce the risk of variation fees with your newfound knowledge – Saving you $$$.”
c.     “Passionate builders who take pride in their work and strive to create beautiful homes that are tailored to the client’s needs and preferences.”
d.     “Proven track record builders who ensure their clients project is completed on-time, on-budget, with excellent quality, and minimal stress.”
e.     “Empathetic builders who listen carefully to their clients and work closely with them throughout the construction process to ensure that their vision is brought to life in the final product.”
f.     “Learn about the common mishaps people face when building new homes.”
g.      “Begin your build with confidence, knowing you’ve taken every step for the best outcome.”
h.     “Making changes during the build can be expensive, minimise them by thoroughly planning your new home.”
i.     “Skip the uncertainty of builder selection. Our thoroughly vetted builders ensure you’re in reliable hands.”
j.    “Our 10-point criteria ensures the Foresight Select Builders who partner with us are thoroughly vetted and highly qualified.”
k.    “Embark on a hassle-free home building journey.”
l.    “Avoid common pitfalls in home construction by learning from the hindsight of others.”
m.    “Paves the way to limit costly contract modifications.”
n.    “Pairs you with a builder who specializes in your desired home style.”

20. DISCLAIMERS

Please read the following disclaimers carefully. By using the Foresight Home Planning (FHP) website, products, or services, you acknowledge that you have read, understood, and agreed to be bound by these disclaimers.

a. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis, and FHP expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FHP makes no warranty that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Services will be accurate, reliable or to your expectations. You understand and agree that any material or data obtained through the use of the Services is at your own discretion and risk, and you will be solely responsible for any damage or loss that results from the use of such material or data.

b. No Construction Advice:
FHP is not a licensed builder and does not provide construction advice, quotes, or pricing on homes. All content on our website is for educational purposes only, and we recommend verifying any information obtained from our service with the appropriate licensed professionals before acting upon it or making any decisions.

c. No Financial Advice:
FHP is not a licensed financial advisor and does not provide financial or investment advice. Our service is not intended to provide financial advice. We recommend consulting a licensed financial advisor before making any decisions. FHP may receive commissions from third-party financial services providers accessible through hyperlinks on our website. Please refer to our affiliate link disclosure for further details.

d. No Real Estate Agency Services:
FHP is not a licensed real estate agent or agency and does not facilitate or participate in the sale of properties.

e. No Land Sales:
FHP does not sell land or facilitate land sales. Our business does not participate in land sales activities.

f. No Home Sales:
FHP does not sell homes or facilitate home construction. We partner with licensed new home builders throughout Queensland, who provide new home contracts and construction services within Queensland. Users who wish to build a new home must enter a separate agreement with a new home builder. The user is solely responsible for all expenses incurred in the planning and construction of their home, including but not limited to costs associated with any third-party consultants, reports and warranties. FHP will not cover any costs associated with planning or building the user’s new home. Users agree to indemnify FHP against any expenses incurred in connection with the planning or construction of their home, including any costs or disputes with third-party service providers or companies. Furthermore, FHP does not provide insurance or warranty coverage in any form, nor do we warrant products or services supplied or provided by other individuals, services or companies.

g. No Quotes:
FHP does not provide quotes for new homes nor does FHP create or provide new home proposals. Builders are responsible for providing quotes for their services.

h. No Construction Drawings:
FHP does not provide construction drawings of any kind.

i. No Advice:
FHP does not provide advice in any form. All content is for educational purposes only. Users should verify any information obtained from our service with the appropriate licensed professionals before acting upon it or making any decisions.

j. Images:
Images on our website are for entertainment purposes only and do not represent homes available for sale or construction. Homes depicted in images may be difficult or expensive to build, and FHP provides no guarantees that these homes can be built. Images are intended to help users identify their desired home style, not to market specific homes as available for sale or construction.

k. Builder Selection:
FHP employs a 10-point criteria for selecting builders for our users. However, FHP does not maintain or provide records of how these criteria are met, and some criteria may be challenging to verify. FHP exercises its best judgment in selecting builders. FHP may suggest builders to the user, but the user is under no obligation to engage with these builders. The user acknowledges that it is their responsibility to conduct their own due diligence on any referred builders before entering into any contractual agreements or making any payments. The final decision to choose a builder rests solely with the user.

l. HomeVision Program:
Our website and the programs provided by FHP contain content intended to support users in planning a new home. Although we believe our service contributes to the stated objectives, FHP cannot guarantee specific outcomes or prevent post-contract variations from occurring. Users agree not to hold FHP accountable for any dissatisfaction arising from the content and services provided, builder pairings, or the extent of savings on costly variations.

m. No Guarantees:
FHP does not warrant or assure that users will complete any programs offered, obtain a new home proposal from affiliated builders, or achieve satisfaction with the final outcome. While FHP leverages its industry expertise to maximize users’ chances of attaining their desired results, no specific outcomes are guaranteed.

n. Vision Creation:
When we refer to developing a ‘vision’ for your new home or ‘create a vision for your dream home’, we’re referring to the detailed understanding and documentation of your desired future home’s attributes, facilitated by our services, and, also how you may (or may not) hold a thorough understanding of this within your mind. This vision forms as you engage with our structured services such as IdeaDrop and our HomeVision program, where you can save inspirational images, notes, and other specifics that define your ideal home. Even if you find it challenging to mentally visualize the end product, the contents you add to IdeaDrop (when used as directed) and your responses within the HomeVision program effectively constitute this vision. Our services are designed to document your preferences and convey them to our partner builders.

However, the actual realization of this vision depends on numerous factors (some of which are out of our control), including but not limited to completing all programs and services provided by FHP as outlined on our website and in our Terms of Service and Terms of Business, navigating the quoting and contract stage successfully with your nominated Foresight Select Builder, decisions during the construction process, and constraints related to your site, budget management, and adhering local regulations. We do not guarantee that your final constructed home will precisely match this vision. However, we believe that by thoroughly participating in each of the programs and services offered by FHP, our users are likely to achieve homes that are more desirable to them, compared to not using our services.

By using FHP’s website, products, or services, you acknowledge and agree to these disclaimers.

21. Affiliate Link Disclosure and Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by FHP. FHP may receive commissions or payments from various firms, including but not limited to financial service firms, for users who click on a link that redirects them to a third-party website and engage with their products or services. FHP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that FHP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We encourage you to do your own research before making any financial decisions or using third-party products or services.

22. User Account Termination

FHP reserves the right, in its sole discretion, to terminate your access to the Services and your account, without prior notice or liability, for any reason or no reason, including but not limited to a breach of this Agreement. Upon termination of your access to the Services or your account, your right to access and use the Services and any content you have submitted to the Services will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

23. Administration and Service Termination:

In the event that FHP goes into administration or ceases its operations, whether voluntarily or involuntarily, users understand and agree that their access to the Services will be terminated and they forfeit all rights to access and use the Services. Furthermore, users agree to release and hold harmless the founders, directors, officers, employees, contractors, agents, affiliates, and subsidiaries of FHP from any claims, liabilities, or demands arising from the termination of the Services or any related issues resulting from FHP going into administration.

24. Amendments to Terms of Service

FHP reserves the right to modify, amend, or replace these Terms of service at any time. If we make any material modifications, we may notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://Foresighthomeplanning.com.au/legal-privacy/. However, it remains your responsibility to check for the latest version of the Terms of Service prior to accessing and using the Services. All modifications will be effective when they are posted, and your continued access or use of the Services will serve as confirmation of your acceptance of all such modifications. If you do not agree with any modifications to this Agreement, you must stop accessing and using the Services immediately.

25. Limitation of Liability

To the maximum extent permitted by law, Foresight Home Planning (FHP), its officers, directors, employees, contractors, agents, affiliates, subsidiaries, and partner Builders shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, resulting from:

a.    Your access to or use of, or inability to access or use, the Services or Products;

b.    Any conduct or content of any third party on the Platform or Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;

c.    Unauthorized access, use, or alteration of your transmissions or content;

d.    Any errors, omissions, or changes to the Services or Products;

e.    The termination, suspension, or modification of the Services or Products;

f.    Any actions or decisions taken by users or partner Builders in reliance upon the Services or Products;

g.    The financial solvency of the builder connected to the user through the BuilderConnect program;

h.    Any claims, demands, or damages arising from the use of the HomeVision Fee Credit program;

i.    Any other interactions or transactions between users, partner Builders, and FHP.

In no event shall FHP’s or its partner Builders’ aggregate liability for all claims relating to the Services or Products exceed the amount paid or provided by you to FHP for accessing and using the Services or Products.

By accessing and using the Services or Products, you agree to this limitation of liability and acknowledge that any claims, demands, or damages arising from such use shall be subject to this limitation. This limitation of liability does not apply to any liability that cannot be lawfully limited or excluded under applicable law.

26. Indemnification

You agree to indemnify, defend, and hold harmless FHP and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of this Agreement, or your infringement of any intellectual property or other rights of any third party.

You further agree to indemnify, defend, and hold harmless FHP and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your interactions, engagements, or agreements with any builder not part of FHP’s BuilderConnect network. This indemnification includes, but is not limited to, claims arising from your decision to engage with a different builder after using FHP’s services, disputes related to the sharing of information such as quotes and floor plans between you and any such builder, and any allegations of FHP interfering with or disrupting pre-existing contractual or business relationships between you and any such builder.”

27. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

28. Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@Foresighthomeplanning.com.au so that we can attempt to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within sixty days of your email, both you and we agree to resolve the potential dispute through binding arbitration, conducted in accordance with the rules of the Australian Disputes Centre (ADC). The arbitration will be conducted in English, and the seat of arbitration will be in Brisbane, Queensland, Australia. The decision of the arbitrator will be final and binding on both parties.

If mediation fails to resolve the dispute, the Parties may then proceed to binding arbitration or litigation, as agreed upon by the Parties.

29. Severability

If any provision of this Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining provisions of the Terms of Service and shall not affect the validity or enforceability of the remaining provisions. In such cases, the affected provision shall be replaced by a valid and enforceable provision that comes closest to expressing the original intent of the provision.

30. Entire Agreement

These Terms of Service, along with the Copyright Notice, Privacy Policy, and the Terms of Business, constitute the entire agreement between you and FHP in relation to your use of FHP’s website, platform, products, or services, and supersede all prior agreements and understandings, whether written or oral, with respect to the same. By using FHP’s website, products, or services, you acknowledge that you have read, understood, and agreed to be bound by the entire user agreement.

Terms of Business

This Terms of Business Agreement (the “Agreement”) sets forth the legally binding terms and conditions governing the business relationship between you, the user (“you”, “your”, or “user”), and Foresight Home Planning Pty Ltd (“FHP”, “we”, “our”, or “us”), in connection with the provision of our platform and services. By engaging in any business transactions with us, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to these terms, you are not authorized to engage in any business transactions with FHP and must cease all business activities immediately.

This Agreement, along with our Privacy Policy and Copyright Notice, collectively constitutes the entire agreement between FHP and users in relation to the use of FHP’s website, platform, products, or services, and supersedes all prior agreements and understandings, whether written or oral, with respect to the same.

Please carefully review the terms and conditions outlined below to ensure your understanding and agreement:

 

 1. Scope of Services

Please refer to the ‘Scope of Services’ section contained within the Terms of Service (TOS) for clarification and a complete summary of the services provided by Foresight Home Planning.

2. HomeVision Fee Credit Terms and Conditions

These HomeVision Fee Credit Terms and Conditions (the “Fee Credit Terms”) explain the provisions of the HomeVision Fee Credit (“Credit”) promotion offered by FHP to eligible Users upon the completion of specified tasks. The Credit is provided/fulfilled by FHP’s partner Builders when Users engage them according to these Terms.

2.01 Eligibility for Credit
To be eligible for the Credit, Users must complete the following tasks in the order specified:

a) Purchase and complete the HomeVision program provided by FHP.
b) Indicate in the HomeVision program that the credit is to be used.
c) Request and be approved for access to the BuilderConnect program provided by FHP.
d) Sign a contract for the construction of a new home with the Builder that was referred to the User by FHP.
e) Complete these tasks within a 12-month period from the date the user purchased access to the HomeVision program.
f) Retain a copy of the digital receipt received for purchasing access to the HomeVision program.

2.02 Refund Impact on Credit Eligibility
Users who have requested and received a refund for the HomeVision program will not be eligible for the Credit. Any access to the Credit benefit will be permanently revoked upon the processing of the refund for the HomeVision program.

2.03 Credit Value and Use
The value of the Credit will be equal to the amount the User has paid to FHP for access to the HomeVision program. The Credit can only be used with FHP’s partner Builders and cannot be combined with any other vouchers or offers. The Credit is non-refundable, non-transferable, and has no cash value. Users may not sell or trade the Credit to other parties. FHP and its partner Builders reserve the right to refuse the Credit if the User attempts to engage with the Builder through any means other than the BuilderConnect program provided by FHP.

2.04 Redemption of Credit
Upon successful completion of the eligibility requirements, FHP’s partner Builder will include the Credit value in the User’s contract for a new home to be constructed. The Credit will be applied as a discount on the total contract value of the User’s new home.

2.05 Credit Expiration
The Credit is valid for a period of 12 months from the date of issuance. Users must complete all eligibility tasks within this period to redeem the Credit. Expired Credits will not be reissued or extended.

2.06 Termination or Suspension of Credit Program
FHP reserves the right, at its sole discretion, to terminate or suspend the HomeVision Fee Credit program, in whole or in part, at any time and for any reason, with or without prior notice. In the event of termination or suspension of the program, FHP may, at its discretion, honor or refuse to honor any outstanding Credits, and Users shall have no further claim or recourse against FHP or its partner Builders with respect to such Credits.

In the event of termination or suspension, FHP will endeavor to provide reasonable notice to Users and partner Builders, as applicable, via the FHP platform or by other appropriate means of communication. Users are advised to regularly check the FHP platform for any updates or notifications regarding the HomeVision Fee Credit program.

By participating in the HomeVision Fee Credit program, Users acknowledge and agree to the possibility of termination or suspension of the program, and they waive any claims, demands, or damages that may arise as a result of such termination or suspension.

2.07 Limitation of Liability
To the maximum extent permitted by applicable law, FHP and its partner Builders shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

a. the use or inability to use the HomeVision Fee Credit program;

b. any errors, omissions, or changes to the Credit or the program;

c. the termination, suspension, or modification of the Credit or the program; or

d. any actions or decisions taken by Users or partner Builders in reliance upon the Credit or the program.

In no event shall FHP’s or its partner Builders’ aggregate liability for all claims relating to the HomeVision Fee Credit program exceed the amount the User paid to FHP for access to the HomeVision program. By participating in the HomeVision Fee Credit program, Users agree to this limitation of liability and acknowledge that any claims, demands, or damages arising from the use of the Credit or the program shall be subject to this limitation.

Nothing in these Terms and Conditions shall limit or exclude any liability that cannot be lawfully limited or excluded under applicable law.

3. BuilderConnect Terms and Conditions
This section outlines the Terms and Conditions that govern your participation in the BuilderConnect program offered by Foresight Home Planning (FHP). By participating in the BuilderConnect program, you agree to be bound by these terms. If you do not agree, you should not participate in the BuilderConnect program.

3.01 Commission Disclosure and Acknowledgment
Foresight Home Planning (FHP) reserves the right to receive and retain a commission from its nominated Foresight Select Builder. When FHP facilitates the referral of a client through the BuilderConnect program, and the client subsequently signs a contract for a new home with the Foresight Select Builder referred by FHP, a commission is received by FHP. FHP may also receive indirect benefits such as business lunches, tickets to sporting and/or cultural events, corporate promotional merchandise, and other unquantifiable minor benefits (soft dollar benefits). By virtue of the commissions received from the nominated Foresight Select Builder, Foresight Home Planning (FHP) acknowledges that it does not operate as an independent, impartial, or unbiased entity. The remuneration or other benefits received may potentially engender a conflict of interest, as it could be construed that FHP may have a vested interest in recommending a Foresight Select Builder that provides the highest commission, thereby augmenting our remuneration. It’s crucial to note that the remunerations received by FHP are disbursed directly by the Foresight Select Builder. These payments, which are allocated from the builder’s marketing budget in accordance with industry standards, contribute to the continuous development and improvement of our services.

FHP takes immense pride in the quality of its services and maintains a stringent criterion for recommending new home builders. We assure our users that we would not endorse a builder unless we are confident in their ability to meet the high standards that we set for our users. By participating in the BuilderConnect program, the user acknowledges and consents to FHP receiving such commissions and soft dollar benefits. The specific amount and terms of the commission will be governed by separate agreements between FHP and the nominated Foresight Select Builder, and do not affect the user’s participation in the BuilderConnect program or the services provided to the user by FHP or the builder.

3.02 No-Cost Service and Limitation of Refunds
BuilderConnect is a no-cost service provided by Foresight Home Planning (FHP) to the user. As such, no payment is exchanged for the BuilderConnect services, and FHP shall not be held liable for any refunds or compensation in the event that the service fails to meet the user’s expectations. The user acknowledges and agrees that they are not entitled to any refunds or compensation arising from any dissatisfaction or perceived failure in the provision of the BuilderConnect services since no payment was made for these services. By participating in the BuilderConnect program, the user accepts this limitation on refunds and compensation related to the no-cost nature of the service.

3.03 Access Requirements
Access to the BuilderConnect program is only available to users who successfully complete all required steps as outlined in the Terms of Service, including the specific requirements set forth in the ‘Access to BuilderConnect’ clause. Users must adhere to and satisfy these requirements in order to be eligible for participation in the BuilderConnect program. FHP reserves the right to deny access if a user does not meet the necessary criteria or has not completed the required steps as stated in the Terms of Service. Furthermore, users must already own a vacant parcel of land within QLD Australia, as the builder requires site-specific dimensions to produce a tailor-made new home proposal for the user.

3.04 Service Access Denial Policy
FHP may deny access to the BuilderConnect program if FHP has reason to believe the user is not seriously intending to build a new home with the builder that FHP would connect them to or if the user has been misusing the FHP service. By participating in the BuilderConnect program, users agree to abide by this policy and accept FHP’s right to deny access based on these grounds.

3.05 Timelines
FHP does not guarantee a specific timeline for connecting users with builders through the BuilderConnect program. While FHP aims to connect users with a suitable builder within a 7-day period, this timeline may vary depending on various factors, including the time required to thoroughly analyze and assess the user’s HomeVision program and IdeaDrop summaries; in order to determine the most suitable builder for their needs. Users acknowledge and agree that FHP will make every reasonable effort to expedite the process, but FHP cannot guarantee an exact timeframe for this service.

3.06 Builder Solvency
FHP does not guarantee that the builder it connects the user with is financially solvent or has the financial means to complete or commence the construction of the client’s home. FHP has no way of knowing a builder’s financial position and takes other factors into consideration when finding the builder to connect clients with. Users acknowledge and accept this limitation and agree not to hold FHP liable for any issues arising from a builder’s financial solvency.

3.07 User and Builder Responsibility for Incorporating Selection Criteria and FHP Non-Intervention
The user acknowledges and agrees that it is the responsibility of the user and the referred builder to ensure that any relevant points from the ten-point builder selection criteria, as presented by FHP, are incorporated into the client’s quote and contract for the construction of their new home. In particular, the user and builder are responsible for ensuring compliance with the following points:

a. Foresight Select Builders agree to set the practical completion stage claim as 10% of the contract value. This commitment ensures they remain dedicated to completing your project on time, rather than shifting focus to new projects to assist cashflow.

b. Foresight Select Builders are committed to utilising an independent handover inspection service on all completed homes, guaranteeing the highest standards of quality and client satisfaction are consistently met.

By participating in the BuilderConnect program, the user accepts this responsibility and agrees not to hold FHP liable for any issues or discrepancies arising from the incorporation or omission of any points from the ten-point builder selection criteria in their quote or contract. The user further acknowledges that FHP does not intervene with the user and the builder when it comes to the builder producing quotes or contracts for the user and is not in a position to check that the builder is providing the services required by FHP as set out in the agreement in place with each builder that FHP partners with.

3.08 No Financial Responsibility for Builder Conduct
The user is not entitled to any compensation from FHP or any of its employees or owners if the BuilderConnect program does not meet their expectations. FHP makes no guarantees regarding any services provided by the builder that FHP has connected the user with, nor does it guarantee that the builder will meet or complete any of the agreements set out between the client & builder. It is the user’s responsibility to conduct their own due diligence and make their own informed decisions before entering into any agreement with the builder. If the builder does not live up to the expectations of the user prior to the user signing a contract with the builder, the user may reach out to FHP and request to be connected with a new builder.

3.09 Credit of HomeVision Fee when Commencing Construction with BuilderConnect Builder
In accordance with the HomeVision Fee Credit Terms and Conditions, FHP has established an arrangement with each of its partner builders to provide a financial credit equal to the amount the user paid to access the FHP HomeVision program if the user has met the stipulated requirements. It is the user’s responsibility to ensure the applicable credit is included within the contract provided by their builder. For further information, please refer to the HomeVision Fee Credit Terms and Conditions.

3.10 Bilateral Transactions
Any transactions that a user engages in subsequently or as a result of participating in the BuilderConnect program are strictly bilateral between the user and their respective counterparty. Foresight Home Planning solely provides the builder with the user’s information, as stated in the Privacy Policy, and does not participate in, influence, or enforce any agreements made between the user and the builder.

The builder may require the user to pay a deposit or fee to the builder in order for the builder to provide the user with its services; including but not limited to producing a new home proposal and quote. The user agrees that FHP is not liable to pay the builder for any of the builders services including but not limited to producing a new home proposal and quote. Some items the user has nominated within their HomeVision or IdeaDrop responses may not be available, some items may be quoted by the respective builder with provisional sums nominated against them with pricing to be fixed at a later date, or after a deposit has been paid to the builder. Some items may not be available in certain locations and the builder has the right to not include or not quote specific items if they wish. FHP is not privy to the builders internal processes, it is the user’s responsibility to assess if the builders methods and processes are suitable for the user prior to entering any agreement or contract with the builder.

The user retains the right to decline proceeding with any builder introduced by FHP at any point until a contract is signed. By choosing to sign a contract with a builder referred by FHP, the user acknowledges and agrees that they are doing so of their own accord and based on their own judgement. Consequently, the user agrees to indemnify and hold harmless FHP from any potential disputes or issues that may arise between the user and the builder.

Each third party company or builder has its own terms and conditions, privacy policies and applicable legal documentation, we highly recommend that our users review these documents prior to entering any discussions, agreements or contracts with them.

FHP recommends that our user’s carefully review any agreement or contract presented to them from any individual, company or builder, including Foresight Select Builders; and to seek professional advice from a solicitor or lawyer prior to signing any agreement or contract.

3.11 Non-Solicitation and No Investment Advice
You agree and understand that:

a. All transactions you submit or engage in through BuilderConnect are considered unsolicited and are solely initiated by yourself;

b. You have not received any investment or other advice from FHP in connection with any transactions; and

c. FHP does not conduct a suitability review of any transactions you submit.

3.12 Limitation of Service Provision
The User acknowledges and agrees that Foresight Home Planning (FHP) offers its BuilderConnect service on a best-effort basis. FHP endeavors to identify a suitable builder for the User but does not guarantee that a suitable builder will always be found.

There may be circumstances beyond FHP’s control, including, but not limited to, geographical limitations where suitable builders do not operate, or financial constraints where the User’s budget does not align with market rates for home construction. In such cases, FHP may not be able to provide the full scope of its BuilderConnect service.

The User hereby acknowledges, understands, and agrees that in the event FHP cannot identify a suitable builder, for any reason, FHP shall not be held liable or accountable for any consequences, direct or indirect, arising from such an event.

3.13 Limitation of Liability
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the products.

By participating in the BuilderConnect program, the user agrees that FHP is not responsible for any legal costs, additional costs associated with planning or building a home, or any other costs or damages incurred as a result of the user’s interactions or transactions with the services provided by FHP or the FHP referred builder.

4. User Non-Compete
Users agree not to create an account on the FHP platform for the purpose of learning FHP’s business model and subsequently copying the content or concepts within the programs. Users must not reuse or repurpose any content contained within the programs without prior permission from FHP. Violation of this clause may result in legal action.

5. Intellectual Property Rights
All content, materials, and intellectual property rights on the FHP website, products, and services are owned by FHP or its licensors. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the FHP website, products, and services for their personal use only. Users acknowledge that the data and content provided within FHP’s services are intended to be accessed and used within the online platform only. Any attempts to extract, copy, or remove data or content from FHP’s services for use outside of the platform are strictly prohibited.

6. Limitation of Liability
The Limitation of Liability clause provided in the Terms of Service applies to these Terms of Business as well. Please refer to the Terms of Service for the full details of the Limitation of Liability.

7. Indemnification
Users agree to indemnify, defend, and hold harmless FHP, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Business or any activity related to the user’s account by the user or any other person accessing the FHP website, products, or services using the user’s account.

8. Termination
FHP reserves the right to terminate a user’s access to the FHP website, products, or services at any time, for any reason, with or without notice. Users may also terminate their use of FHP’s services by discontinuing their use of the FHP website, products, or services and deleting their account.

9. Governing Law
The Governing Law and Dispute Resolution provisions set forth in the FHP Terms of Service are incorporated herein by reference and shall apply to these Terms of Business. By participating in the HomeVision Fee Credit program, the BuilderConnect program, and using the services made available on the FHP platform, Users expressly agree to be bound by these provisions. All Users are advised to review the Governing Law and Dispute Resolution provisions in the FHP Terms of Service to fully comprehend the legal framework that governs any disputes arising out of or in relation to the use of these services or any agreements entered into with third parties as a result of using these services.

10. Dispute Resolution
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@Foresighthomeplanning.com.au so that we can attempt to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within sixty days of your email, both you and we agree to resolve the potential dispute through binding arbitration, conducted in accordance with the rules of the Australian Disputes Centre (ADC). The arbitration will be conducted in English, and the seat of arbitration will be in Brisbane, Queensland, Australia. The decision of the arbitrator will be final and binding on both parties.
If mediation fails to resolve the dispute, the Parties may then proceed to binding arbitration or litigation, as agreed upon by the Parties.

11. Amendments to Terms of Business
FHP reserves the right to modify, amend, or replace these Terms of Business at any time. If we make any material modifications, we may notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement https://foresighthomeplanning.com.au/legal-privacy/. However, it remains your responsibility to check for the latest version of the Terms of Business prior to accessing and using the Products. All modifications will be effective when they are posted, and your continued access or use of the Products will serve as confirmation of your acceptance of all such modifications. If you do not agree with any modifications to this Agreement, you must stop accessing and using the Products immediately.

12. Severability
If any provision of this Terms of Business is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining provisions of the Terms of Business and shall not affect the validity or enforceability of the remaining provisions. In such cases, the affected provision shall be replaced by a valid and enforceable provision that comes closest to expressing the original intent of the provision.

13. Entire Agreement
These Terms of Business, along with the Terms of Service, Copyright Notice and Privacy Policy constitute the entire agreement between FHP and users in relation to the use of FHP’s website, platform, products, or services, and supersede all prior agreements and understandings, whether written or oral, with respect to the same. By using FHP’s website, products, or services, you acknowledge that you have read, understood, and agreed to be bound by the entire user agreement.

14. Contact Information
If you have any questions or concerns about these Terms of Business or any aspect of FHP’s services, please contact FHP at the below address or through the contact form on our website::

Foresight Home Planning Pty Ltd
PO Box 5069
Daisy Hill, QLD, 4127
Australia

Privacy Policy

This Privacy Policy (the “Policy”) sets forth the privacy practices of Foresight Home Planning Pty Ltd (“FHP”, “we”, “our”, or “us”) and explains how we collect, use, disclose, and safeguard your personal information. We are committed to protecting the privacy and security of our users’ personal information and ensuring compliance with applicable privacy laws and regulations.

By accessing or using our website, platform, products, or services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions stated in this Policy. If you do not agree to these terms, you are not authorized to access or use our website, platform, products, or services, and must cease all use immediately.

This Policy, along with the Terms of Service, Terms of Business, and Copyright Notice, constitutes the entire agreement between FHP and users in relation to the use of FHP’s website, platform, products, or services, and supersedes all prior agreements and understandings, whether written or oral, with respect to the same.

Summary of Sections:
1. Information We Collect
2. Use of Your Information
3. Sharing of Your Information
4. Data Retention
5. Cookies and Web Beacons
6. User Rights
7. Children’s Privacy
8. Your Choices
9. Data Security
10. Changes to this Privacy Policy
11. Governing Law
12. Dispute Resolution
13. Entire Agreement
14. Contact Us

1. Information we collect
We collect personal information about you in a variety of ways, including when you:

•  Register for an account on our website
•  Complete our online programs and respond to our questionnaires
•  Submit an inquiry through our contact form
•  Request access to our BuilderConnect program
•  Provide us with feedback or other communications
•  Participate in surveys or promotions
•  Subscribe to our newsletter
•  Send us an email

The types of personal information we collect from you include:

• Name, email address, phone number, and other contact information
• Home address and address of the property you are intending to build a home on
• Responses to our online programs and questionnaires, including images you provide to us and written details about your desired home and the occupants who are likely to reside in the new home
• Any additional information you choose to provide to us
• We may also collect non-personal information such as demographic information, aggregated information, and other anonymous information.

2. Use of Your Information
We may use your personal information for the following purposes:

• To provide our services to you, including but not limited to providing educational resources, access to our home planning programs and connecting you with home builders and other service providers.
• To process your payments and fulfil your orders.
• To communicate with you about your account, our services, and promotional offers. Including sending you periodic automated emails related to our services. These emails may include instructional content on how to use our IdeaDrop tool, updates on new features or services, and guidance to assist you in the home planning process. You will have the option to opt out of these communications at any time.
• To personalize your experience on our website.
• To improve our website, services, and user experience.
• To provide customer support and for responding to your inquiries.
• To enforce our terms and conditions and protect our legal rights.
• To comply with applicable laws and regulations.

3. Sharing of Your Information
We may share your personal information with the following third parties:

• Home builders and service providers with whom you access through the BuilderConnect program available on our website.
• Third-party service providers who help us operate our website and provide our services, such as payment processors, hosting services, email communication, customer support, analytics, and marketing partners and or services.
• Law enforcement agencies, government authorities, or other third parties if required by law or if we believe in good faith that disclosure is necessary to protect our legal rights, the safety of our users, or the public as a whole.

4. Data Retention
We will retain all user data indefinitely until a user specifically requests to delete their account. Once a user has requested to delete their account, we will only retain the data that we need for tax and accounting purposes in accordance with legal requirements. Users can request to delete their account and all associated data by contacting us at admin@foresighthomeplanning.com.au. Please note that once a user’s account and associated data is deleted, it cannot be recovered.

5. Cookies and Web Beacons
We may use cookies, web beacons, and similar technologies to collect information about your use of our website. Cookies are small text files that are stored on your device to help us understand how you interact with our website and personalize your experience. Web beacons are small, transparent images that are embedded on web pages or emails and help us track your interactions.

6. User Rights
You have the following rights with respect to your personal information:

• Access: You may request access to the personal information we hold about you.
• Rectification: You may request that we correct any inaccurate or incomplete personal information we hold about you.
• Erasure: You may request that we delete your personal information, subject to certain legal exceptions.
• Restriction: You may request that we restrict the processing of your personal information under certain circumstances.
• Data portability: You may request that we provide you with a copy of your personal information in a structured, commonly used, and machine-readable format, where applicable.
• Object: You may object to the processing of your personal information under certain circumstances.

To exercise any of these rights, please contact us at admin@foresighthomeplanning.com.au. We may require you to provide additional information to verify your identity before we can process your request.

7. Children’s Privacy
Our website and services are not intended for children under the age of 18. We do not knowingly collect personal information from children under the age of 18. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at admin@foresighthomeplanning.com.au, and we will take steps to delete such information from our records.

8. Your Choices
You have the following choices with respect to your personal information:

• Marketing communications: You can opt-out of receiving promotional emails from us by following the instructions provided in those emails or by contacting us at admin@foresighthomeplanning.com.au.
• Cookies: You can disable cookies in your browser settings. However, please note that disabling cookies may affect the functionality of our website.

9. Data Security
We implement reasonable technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, please note that no method of electronic transmission or storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security.

10. Changes to this Privacy Policy
FHP reserves the right to modify, amend, or replace this Privacy Policy at any time. If we make any material modifications, we may notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://Foresighthomeplanning.com.au/legal-privacy/. However, it remains your responsibility to check for the latest version of the Privacy Policy prior to accessing and using the Products. All modifications will be effective when they are posted, and your continued access or use of the Products will serve as confirmation of your acceptance of all such modifications. If you do not agree with any modifications to this Agreement, you must stop accessing and using the Products immediately.

11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

12. Dispute Resolution
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@Foresighthomeplanning.com.au so that we can attempt to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within sixty days of your email, both you and we agree to resolve the potential dispute through binding arbitration, conducted in accordance with the rules of the Australian Disputes Centre (ADC). The arbitration will be conducted in English, and the seat of arbitration will be in Brisbane, Queensland, Australia. The decision of the arbitrator will be final and binding on both parties.

If mediation fails to resolve the dispute, the Parties may then proceed to binding arbitration or litigation, as agreed upon by the Parties.

13. Entire Agreement
This Privacy Policy, along with the Terms of Service, Terms of Business and Copyright Notice constitute the entire agreement between FHP and users in relation to the use of FHP’s website, platform, products, or services, and supersede all prior agreements and understandings, whether written or oral, with respect to the same.

Contact Us
If you have any questions or concerns about this privacy policy or our privacy practices, please contact us at the below address or through the contact form on our website:
Foresight Home Planning Pty Ltd
PO Box 5069
Daisy Hill, Qld, 4127

Copyright Notice

This Copyright Notice (the “Notice”) outlines the rights and obligations pertaining to the use of Foresight Home Planning’s (“FHP”, “we”, “our”, or “us”) website, platform, products, and services by you, the user (“you”, “your”, or “user”). By accessing or using our website and its content, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions stated in this Notice. If you do not agree to these terms, you are not authorized to access or use our website and must cease all use immediately.

This Notice, along with the Terms of Service, Terms of Business, and Privacy Policy, constitutes the entire agreement between FHP and users in relation to the use of FHP’s website, platform, products, or services, and supersedes all prior agreements and understandings, whether written or oral, with respect to the same.

1. IP Ownership
All intellectual property, including copyright, trademarks, design rights, and patents, related to this website and its materials, such as text, graphics, photographs, images, logos, button icons, data compilations, software, and their compilation, are the property of Foresight Home Planning (FHP) or its content suppliers. These materials are protected by Australian and international copyright and intellectual property laws.

2. Permission to Use Copyright Material
Unless otherwise specified, you may not reproduce or communicate any content on this website, including downloadable files, without express written permission from FHP. Requests for permission can be sent to admin@foresighthomeplanning.com.au.

3. Linking to FHP Content
You may refer to our content online by providing hyperlinks that directly link to it. Clear attribution of FHP as the content source, in written text and meta tags, is required. You may not claim ownership of our content and must comply with trademark and copyright laws.

4. User-Generated Content
All text, images, and other content submitted by users to our site grant FHP a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content, in whole or in part, worldwide, and in other works, media, or technology, for any purpose, including advertising or promotion, without compensation, notification, or attribution to the user.

5. Copyright Infringement
If you believe that any content on our website infringes your copyright, please notify us immediately at legal@foresighthomeplanning.com.au and provide the following information:

• Description of the copyrighted work
• Description of the infringing material’s location on the website
• Your contact information
• Statement of good faith belief in unauthorized use

FHP takes copyright infringement claims seriously and will take appropriate action in accordance with the law.

6. Third-Party Content
This website may include third-party content such as advertising and links to external websites. Such content is subject to the respective owners’ copyright terms and intellectual property rights. FHP assumes no responsibility for third-party content and disclaims liability for any damages or losses resulting from its use. Users must comply with the terms of use and licensing requirements of such content owners.

7. Severability
If any provision of this copyright notice is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable or invalid provision shall be replaced with a valid provision that most closely aligns with the original intent.

8. Changes to this Copyright Notice
FHP reserves the right to modify, amend, or replace this Copyright Notice at any time. If we make any material modifications, we may notify you by updating the date at the top of the Notice and by maintaining a current version of the Agreement at https://Foresighthomeplanning.com.au/legal-privacy/. However, it remains your responsibility to check for the latest version of the Copyright Notice prior to accessing and using the Products. All modifications will be effective when they are posted, and your continued access or use of the Products will serve as confirmation of your acceptance of all such modifications. If you do not agree with any modifications to this Agreement, you must stop accessing and using the Products immediately.

9. Choice of Law and Jurisdiction
This notice is governed by the laws of the State of Queensland, Australia, without reference to conflicts of laws principles. Any disputes shall be heard in a court of appropriate jurisdiction in Queensland, Australia. Parties consent to the personal jurisdiction and venue of these courts. If any provisions of this notice are held to be invalid, the validity of other provisions shall not be affected.

10. Entire Agreement
This Copyright Notice, along with the Terms of Service, Terms of Business, and Privacy Policy, constitutes the entire agreement between FHP and users regarding the use of FHP’s website, platform, products, or services. It supersedes all prior agreements and understandings, whether written or oral, related to the same subject matter.

11. Contact Us
If you have any questions or concerns about this Copyright notice, please contact us at admin@foresighthomeplanning.com.au.