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Terms & Conditions

The terms that govern your use of our website and engagement of our construction services.

Effective Date: 15 April 2026  |  Last Reviewed: 15 April 2026  |  Jurisdiction: Western Australia, Australia

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the website located at gherideaconstructionpty.site ("Site") and any construction services provided by GHER Idea Construction Pty Ltd (ABN 99 697 008 030 / ACN 697 008 030) ("GHER Idea Construction", "we", "us", or "our").

By accessing our Site or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Building Act 2011 (WA), the Home Building Contracts Act 1991 (WA), and the Work Health and Safety Act 2020 (WA).

2. Company Details

3. Website Use

You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:

  • Use the Site in any manner that breaches any applicable Australian law or regulation
  • Transmit any unlawful, harmful, defamatory, obscene, or otherwise objectionable content
  • Attempt to gain unauthorised access to any part of the Site or its related systems
  • Use automated tools (scrapers, bots, crawlers) without our prior written consent
  • Reproduce, distribute, or commercially exploit any content from the Site without our permission

4. Our Services

GHER Idea Construction provides residential and commercial construction services in Western Australia, including new home builds, commercial construction, extensions, structural and civil works, refurbishments, and project management. The precise scope, fees, specifications, programme and deliverables for any engagement will be set out in a written building contract or engagement letter signed by both parties.

Nothing on this Site constitutes financial, legal, or investment advice. General information provided is for informational purposes only. You should obtain independent professional advice, including any required statutory warranties under the Home Building Contracts Act 1991 (WA), before entering into any building contract.

5. Building Contracts and Compliance

All construction work performed by GHER Idea Construction is subject to the Building Act 2011 (WA) and must be carried out by, or under the supervision of, a registered building practitioner where required. Where the contract value triggers the operation of the Home Building Contracts Act 1991 (WA), we will:

  • Provide a written home-building work contract in the prescribed form where applicable
  • Maintain any required Home Indemnity Insurance before commencing work
  • Provide the statutory notice of your cooling-off and cancellation rights
  • Issue tax invoices and progress claims in accordance with the contract

6. Fees and Payment

Fees for our services will be specified in your building contract or engagement letter. Unless otherwise agreed in writing:

  • Progress claims are payable within the period specified in the contract (typically 7 calendar days from the date of claim)
  • All fees are quoted in Australian Dollars (AUD) and are inclusive of GST where applicable
  • Late payments may attract interest at the rate prescribed by the Civil Judgments Enforcement Act 2004 (WA)
  • Variations and prime cost / provisional sum adjustments will be handled in accordance with the contract and the Home Building Contracts Act 1991 (WA)

GST is applied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Tax invoices will be provided as required.

7. Safety and Work Health and Safety

All on-site construction work is conducted in accordance with the Work Health and Safety Act 2020 (WA) and associated regulations and codes of practice. You agree to:

  • Provide safe and reasonable access to the site for our personnel and subcontractors
  • Disclose any known hazards at the site (e.g. asbestos, lead-based paint, unstable ground, underground services)
  • Not enter active work zones without the site supervisor's authorisation and required PPE

8. Intellectual Property

All intellectual property rights in the content of the Site — including text, graphics, logos, drawings, designs, and software — are owned by or licensed to GHER Idea Construction. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.

Construction drawings, shop drawings, reports, and other deliverables prepared by us for your project remain our intellectual property unless expressly assigned by written agreement. You are granted a non-exclusive licence to use such deliverables for the purpose for which they were created.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.

Where our services are provided to a consumer under the ACL, you may have consumer guarantees including that services will be rendered with due care and skill, fit for any purpose you have made known to us, and delivered within a reasonable time.

To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:

  • In the case of goods: replacement, repair, or payment of the cost of replacement or repair
  • In the case of services: resupply of the services or payment of the cost of resupply

10. Limitation of Liability

Subject to clause 9 and to the fullest extent permitted by law:

  • We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage arising from your use of the Site or our services, including loss of profits, revenue, data, or goodwill
  • Our total aggregate liability to you for any claim arising out of or in connection with these Terms or any engagement shall not exceed the total fees paid by you to us under the relevant contract

11. Indemnity

You agree to indemnify, defend, and hold harmless GHER Idea Construction, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms or the building contract
  • Your breach of any applicable law or third-party rights
  • Any content or information you provide to us that is false, misleading, or inaccurate, including undisclosed site conditions

12. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with an engagement, and to use such information only for the purposes of that engagement. This obligation survives termination of the engagement for a period of 3 years. It does not apply to information that is or becomes publicly known other than through breach of this clause.

13. Termination

Either party may terminate a service engagement by providing written notice as specified in the relevant building contract or engagement agreement. Upon termination:

  • Fees for services rendered and materials ordered up to the date of termination remain payable
  • You must return or destroy any confidential materials belonging to GHER Idea Construction
  • We will provide you with any completed deliverables upon receipt of all outstanding fees

We reserve the right to suspend or terminate access to the Site at any time without notice.

14. Dispute Resolution

In the event of a dispute, the parties agree to:

  • First attempt to resolve the matter through good-faith negotiation within 20 business days of written notice of the dispute
  • For disputes arising under a home-building contract, either party may apply to the Building Commissioner or the State Administrative Tribunal as provided under Western Australian law
  • If unresolved through the above, submit the dispute to mediation by a mediator agreed between the parties, or failing agreement, appointed by the Resolution Institute (Australia)
  • If mediation fails, the dispute may be referred to the courts of Western Australia

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

15. Privacy

Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

16. Amendments

We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or our services after changes are published constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

18. Waiver

Failure by GHER Idea Construction to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. Entire Agreement

These Terms, together with any signed building contract or engagement agreement and our Privacy Policy, constitute the entire agreement between you and GHER Idea Construction with respect to your use of the Site and our services, superseding all prior agreements, representations, and understandings.

20. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.

21. Contact Us

For any questions regarding these Terms, please contact:

  • GHER Idea Construction Pty Ltd
  • ABN: 99 697 008 030 | ACN: 697 008 030
  • Canning Vale Area, WA 6155, Australia
  • [email protected]