Terms of Service

Last Updated: 27th January 2023

1. The Agreement

These terms of service (“terms”) are a binding legal agreement between you and Lanesplitter Garage that govern your use of our websites, applications and other offerings (collectively referred to as the “Platform”). When used in these terms, “Buildboard”, “we”, “us” and “our”, refers to Lanesplitter Garage (Australian Business Number 644 425 169). The terms “you” and “your” means any person using our Platform, and any organization or person using the Platform on an organization’s behalf. Your use of our Platform signifies that you agree to these terms of service. If you do not or are unable to agree to these terms, do not use our Platform.

The Buildboard Platform enables you and other users (“Members”) to create and manage projects such as vehicle builds, furniture projects and other types of projects. Members who join the platform are referred to as Members. Lanesplitter Garage operates the Platform as a project management service for these builds.

2. Your Account

2.1 Eligibility

Our Platform is available for use by anyone aged 18 years or older.

2.2 Account Information and Security

When you register for an account on our Platform, you provide us with some basic information, including an email address and a password. You are required to ensure this information is accurate and up to date. It is also your responsibility to ensure the security of this information, and that you do not share your login details with anyone. You are responsible and liable for activities conducted through your account and must immediately notify Buildboard if you suspect that your credentials have been lost or stolen, or your account is otherwise compromised. If there is an issue with the security of your account, please email us at hello@lanesplittergarage.com.

2.3 License to Use Our Platform and Services

Subject to your compliance with these terms of service, Lanesplitter Garage grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use our Platform in order to access and use the services that we provide to you.

3. Member Terms

3.1 Our Platform

The Buildboard Platform allows Members to search for and create and manage projects. These projects include creating Build Items, uploading media and creating notes.

3.2 Searching

You can search for other Member’s public builds by using criteria such as status, build type, and tags. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria.

3.3 Creating a Build

When you create a Build on our Platform you must accept and agree to the Terms and Conditions. When you create a build you are responsible for the ownership and accuracy of the material.

3.6 Your Responsibilities

You are responsible for your own acts and omissions

General Terms

4. Our Role

Our role is to operate and promote the platform, with the aim of helping makers manage their projects in a fun and unique way. Lanesplitter Garage operates the platform, enabling users to publish, manage, and search for Builds.

We aim to make the platform an enjoyable experience for all users, but we cannot control the conduct of users. As operators of the Platform, we have the right, but not the obligation, to monitor the use of the Platform and to verify information provided by Members. We may also review, edit, disable access to and remove content in order to operate and improve the Platform, and ensure it is a safe and enjoyable experience for all users. Members agree to cooperate and assist Lanesplitter Garage, and to provide Lanesplitter Garage with such information and take such actions as may reasonably be requested by Lanesplitter Garage with respect to any investigation undertaken by Lanesplitter Garage regarding the use of the Platform.

5. Privacy

Lanesplitter Garage collects registration and other information about you through our Platform. Please refer to our Privacy Policy and Cookie Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties such as other Members of the Buildboard Platform.

6. Rules for Using Our Platform

6.1 Our Policies and Guidelines

Your use of our Platform must be in accordance with these terms as well as our Community Guidelines. You also agree to comply with all applicable laws and regulations, and to not violate or infringe the rights of any third party.

Access to certain areas of the platform may be subject to additional terms, policies or guidelines. You may be required to accept these additional terms before you can access these areas. If there is a conflict between these Terms of Service and the additional terms, those additional terms shall apply to your use of those prescribed areas of the Platform. When the Platform uses third party services to provide certain features or services, you may be required to comply with the terms of service that apply to those features or services.

If you breach our Terms of Service, our policies or guidelines, or if you violate applicable laws or regulations, we may modify, suspend or terminate your account or access to the platform, at our sole discretion. We may also suspend or remove listings, reviews and other content, and cancel pending or confirmed bookings. In such instances, we will notify you of the reasons for the modification, suspension or termination. If you wish to dispute the modification, suspension or termination, please email policy@lanesplittergarage.com.

6.2 Content

You are responsible for the content that you post to the Platform or otherwise provide to Buildboard. “Content” refers to all information, material and images posted to the Platform or otherwise provided to us. Examples of this content include all information and images posted to your Builds, as well as all communication sent to Lanesplitter Garage.

You agree that you have all the requisite permissions, rights and licenses to provide this Content to our Platform and to Lanesplitter Garage. Your Content must not include personal, private or confidential information belonging to others, and must not otherwise violate the rights of any individual or entity. If Content contains personal information, our Privacy Policy describes how we use that personal information.

Content must comply with these Terms of Service and our Community Guidelines, which prohibit any disturbing, obscene, offensive or violent Content; or any Content of a sexual nature or containing nudity.

6.3 Content License From You

Lanesplitter Garage does not claim ownership of your Content. However, in order to operate, promote and protect Lanesplitter Garage and our Platform, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This expressly includes any and all photographs you post to our platform or send to us. This license would permit your Content to remain on our Platform, or to be used by us, even after you cease to be a Member of the Platform.

6.4 Content of Others

Lanesplitter Garage does not control the Content of other Members. When we become aware of inappropriate Content on our Platform, we have the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other Members. If you wish to report inappropriate Content on our Platform, please email abuse@lanesplittergarage.com.

6.5 Copyright

If you believe that Content on the Buildboard Platform infringes copyrights, please notify us at abuse@lanesplittergarage.com.

6.6 Interaction with Others

Lanesplitter Garage is not a party to any offline arrangements made through our Platform. We do not conduct or require background checks on Members, and we do not attempt to verify the accuracy of statements made by Members. Lanesplitter Garage makes no representations or warranties concerning the Content or conduct of any Members or their interactions with you. If you have a concern regarding other Members, please email abuse@lanesplittergarage.com.

In using our Platform, you agree to comply with our Community Guidelines, and at all times to act with integrity and to treat others with respect.

6.7 Comments

When leaving a comment for a build, your comment must be accurate, and must not contain misleading information, or language that is discriminatory, defamatory, offensive or abusive. Lanesplitter Garage does not verify comments and cannot guarantee their accuracy.

6.8 Reporting Other Users

If you wish to report another Member for failing to comply with these Terms of Service, or any of our policies or guidelines, or applicable laws, please email abuse@lanesplittergarage.com.

6.9 Use of the Platform

You agree that you will only use the Buildboard Platform as authorized by our terms, policies and guidelines.

You agree to only use personal data collected from other users in accordance with applicable laws, rules and regulations. You agree (i) to only use such data solely for the purposes of facilitating a transaction using the Buildboard Platform, (ii) to safeguard such data from unauthorized access or processing, and (iii) to delete such data once it is no longer necessary for the administration of a hosted experience or promptly following a request from Lanesplitter Garage.

You agree to use the Buildboard Platform and any Content it contains solely as necessary to enable your use of the Platform as a Host or Guest. You agree not to use the Buildboard Platform, or Members’ personal information to send commercial messages without the recipient’s express consent.

You agree not to scrape, hack, reverse engineer, compromise or impair our Platform. Specifically, you agree (i) not to use bots, crawlers or other automated means to access or obtain data or content from our platform, (ii) not to hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Buildboard Platform or its Content, (iii) not to decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide our platform, and (iv) not to engage in any activity that could damage or adversely affect the performance or proper functioning of the Buildboard Platform.

7. Platform Modifications

Lanesplitter Garage may modify our Platform at any time, and may discontinue any portion or all of our Platform with or without notice and without liability to you or any third party.

8. Third Party Sites and Services

Our Platform may contain links to, or integrations with, third party sites and services. Lanesplitter Garage is not responsible for these sites and services, or their content. These third party sites and services may contain their own terms and policies, and your use of them will be governed by those terms and policies.

9. Release

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, sponsors, and other third-party partners (“Lanesplitter Garage Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other Members, or in connection with a hosted experience. The law in some countries and states do not allow their release, so these limits may not apply to you.

10. Force Majeure

Lanesplitter Garage shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Lanesplitter Garage’ option), and hold all Lanesplitter Garage Parties harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in connection with (i) your breach of our terms, policies or guidelines, (ii) your improper use of the Buildboard Platform, (iii) your content, (iv) your interaction with any member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (v) your failure, or our failure at your direction, to accurately collect, report or remit taxes, or (vi) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to promptly notify us of any third party claims, cooperate with all Lanesplitter Garage Parties in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, legal and accounting fees). You agree not to settle any claim without our prior written consent.

12. Warranty Disclaimer

We provide the Buildboard Platform and all content “as is” and on an “as available” basis, without warranty of any kind, and to the full extent permitted by law we disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example:

(i) we do not warrant the performance, reliability, timeliness or accuracy of our platform;

(ii) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Member, build or third party;

(iii) we do not warrant any information, advice, services, or goods obtained through or advertised on our platform or by us, as well as for any information or advice received through any links to other websites or resources provided through the platform;

(iv) we do not warrant the results that may be obtained through the platform;

(v) we do not warrant the correction of any errors in the platform;

(vi) we do not warrant any material or data obtained through the use of our platform; and

(vii) we do not warrant dealings with or as the result of the presence of marketing partners or other third parties on or located through our platform.

If you have statutory rights or warranties we cannot disclaim, the duration of such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

13. Limitation of Liability

To the full extent permitted by applicable law, you agree that in no event shall any Lanesplitter Garage Parties, nor any other party involved in creating, producing or delivering the Buildboard Platform or any content, be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to use the Buildboard Platform or any content (however arising, including our negligence), (iii) statements or conduct of or transactions with any Member or third party on the platform, (iv) publishing or booking of a listing, transportation to or from a host experience, attendance at a host experience, participation in or exclusion from a host experience and the actions of you or others at a host experience, and (v) any other matter relating to our Platform, whether or not Lanesplitter Garage has been informed of the possibility of such damage, even if a limited remedy set out in these terms is found to have failed of its essential purpose.

Our liability to you or any third parties in any circumstance is limited to $100 US dollars, or the amount of fees, if any, you paid to us in the twelve (12) months prior to the action that may give rise to liability. The limitations set forth in this section 14 above will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. If applicable law does not allow the limitations of liability set out in these terms, the above limitations may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

14. Intellectual Property

Our Platform, and any content on the platform, may be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge that all intellectual property for that content are the exclusive property of Lanesplitter Garage and/or its licensors and you agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. Except as provided in these Terms of Service, you agree not to use our intellectual property without our prior written consent.

You may not use, copy, adapt, modify, license, sell, distribute, transfer, create derivative works of, publicly display or perform, transmit, broadcast or otherwise exploit any content accessed through the Buildboard Platform except to the extent that you are the legal owner of that content or as expressly permitted in these terms. Subject to your compliance with our terms, policies and guidelines, Lanesplitter Garage grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and view the content made available on or through our Platform solely for your personal and non-commercial use.

Lanesplitter Garage respects the intellectual property of others and we may remove or disable access to any Content that we believe may infringe on the intellectual property rights of others.

15. No Agency

No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship between you and Lanesplitter Garage is intended or created by this agreement. A Member of the Buildboard Platform is not our representative or agent, and may not enter into an agreement on our behalf.

16. Modification

Lanesplitter Garage may modify these Terms of Service at any time. We will post these revised terms on our Platform. The date of the updated terms will be at the top of these terms. If there are any material changes to the revised terms, we will also notify you via email or by placing a prominent notice on our platform. If you do not agree to the revised terms, you may terminate this agreement immediately as provided in these terms. By continuing to use our platform after any changes come into effect, you agree to the revised terms.

17. Term

This agreement between you and Lanesplitter Garage reflected by these Terms of Service is effective when you access the Platform (for example to create an account) and remains in effect until either you or we terminate this agreement in accordance with these terms.

18. Termination

You may terminate this agreement at any time by canceling your account or by emailing policy@lanesplittergarage.com.

Lanesplitter Garage may terminate this agreement and your account for any reason by giving you thirty (30) days’ notice via email or other contact details you provide in your account. We may also terminate this agreement immediately without notice and stop providing access to our platform if you violate these Terms of Service, our policies or guidelines, or any applicable laws, or if we feel it is necessary in order to protect Lanesplitter Garage, our members and our platform for any reason. We may also remove accounts that have been inactive for an extended period of time.

When this agreement has been terminated, you are not entitled to a reinstatement of your account, and you may not rejoin the Platform or gain access to the Platform through another account or Member.

If we terminate your account or access to our platform, this agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in section 22 will survive such termination.

19. Suspension or Modification

Lanesplitter Garage may limit or temporarily or permanently suspend or modify your account (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body; (ii) if you have breached these Terms of Service, our Payment Terms, our other policies and guidelines, applicable laws, regulations or third-party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information; or (iv) if Lanesplitter Garage believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lanesplitter Garage, its Members, or third parties, or to prevent fraud or other illegal activity.

20. Appeal

If we modify, suspend or terminate your account, we will notify you of the reasons for the modification, suspension or termination. If you wish to query or appeal such modification, suspension or termination, please email policy@lanesplittergarage.com.

21. Survival

Sections 6 (Privacy), 7.3 (Content License from You) and 10 through 29 of these Terms of Service, and any other provisions necessary to give effect to these provisions, shall survive termination or expiration of this agreement.

22. Dispute Resolution

23.1 Jurisdiction.

These Payment Terms will be governed by the laws of the State of Queensland, Australia.

23.2 Informal Resolution.

In the event of a dispute, claim or controversy (“claim”) arising out of your use of our Platform, this agreement, or your attendance or participation in a hosted experience, you and Lanesplitter Garage agree to try and reach a resolution through good faith discussions. You or Lanesplitter Garage may initiate this process by sending written notice detailing the dispute and your proposed resolution. In the event that we cannot resolve the dispute within thirty (30) days following receipt of the written notice, you or Lanesplitter Garage may bring a claim in accordance with this Section 23.

23.3 Legal Proceedings.

Legal proceedings for disputes that cannot be resolved by informal resolution shall be brought before the Tribunal and/or courts in the State of Queensland, Australia, unless we both agree to some other location. You and Lanesplitter Garage both agree to submit to the non-exclusive jurisdiction of the Tribunal and/or courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement. Members based in the European Union may have additional or different rights, as provided by applicable law.

24. Class Action Waiver

You agree to resolve disputes with Lanesplitter Garage on an individual basis, and you agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You expressly waive any right to participate in class action lawsuits, class-wide arbitrations, private attorney general actions, and or any other representative or consolidated proceedings.

25. Interpreting these Terms of Service

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Service constitute the entire agreement between you and Lanesplitter Garage regarding your access to or use of our Platform, and supersede any and all prior oral or written understandings or agreements between you and Lanesplitter Garage regarding such use. These terms do not and are not intended to confer any rights or remedies upon anyone other than you and Lanesplitter Garage.

26. Severance

If any provision in these Terms of Service is found to be illegal or unenforceable by a court of law, you and Lanesplitter Garage nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions in this agreement will remain in full force and effect.

27. No Waiver

Lanesplitter Garage’ failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged or agreed to by us in writing. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise permitted under law.

28. Assignment

You may not assign, delegate or transfer this agreement or your rights and obligations hereunder without our prior written consent. Lanesplitter Garage may without restriction assign, delegate or transfer this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.

29. Notices

Except as otherwise stated in these terms or as expressly required by law, any notice to us shall be given by certified postal mail to Lanesplitter Garage, PO Box 394, Paddington QLD 4064 Australia, or by email to policy@lanesplittergarage.com. Any notice to you shall be given to the most current email address in your account.