Feasibility Assessment Tool — Terms of Use

1. Definitions

In these Terms, the following definitions apply:

• "Assessment Tool" means the online feasibility assessment tool provided on the Burleigh Beach Designs website, including all related algorithms, scoring methodologies, user interfaces, and output functionality.
• "Results" means any output generated by the Assessment Tool, including but not limited to feasibility scores, cost range estimates, viability indicators, risk assessments, recommendations, and any associated PDF reports or summaries.
• "User" or "You" means any individual or entity that accesses or uses the Assessment Tool.
• "We", "Us", "Our", or "Burleigh Beach Designs" means McDonald Architecture Pty Ltd (ACN 605 352 958), trading as Burleigh Beach Designs, its directors, employees, consultants, agents, and affiliates.

2. Nature of the Service

The Assessment Tool is an automated, algorithm-driven tool designed to provide preliminary, high-level indications of development feasibility based on the information you provide. It is intended solely as a starting point for initial consideration and general informational purposes.

The Assessment Tool does not constitute, and must not be treated as, professional advice of any kind. Without limitation, the Results are not a substitute for:

• Professional architectural design or consulting services;
• Structural or civil engineering assessments;
• Building certification or compliance advice;
• Town planning or development application advice;
• Quantity surveying or detailed cost estimation;
• Geotechnical, environmental, or site-specific investigations;
• Financial, legal, or taxation advice; or
• Any other form of professional or specialist service.

The algorithms employed by the Assessment Tool apply generalised assumptions and do not account for the full range of variables that influence real-world development outcomes. Every development project is unique and requires the engagement of suitably qualified professionals to assess its specific circumstances.

3. Limitation of Liability

To the maximum extent permitted by applicable law, McDonald Architecture Pty Ltd expressly disclaims all liability for any loss, damage, cost, expense, or claim (whether direct, indirect, incidental, special, consequential, or punitive) arising from or in connection with:

• Your use of, or reliance upon, the Assessment Tool or the Results;
• Any decision made, action taken, or action not taken based on the Results;
• Any inaccuracy, incompleteness, or error in the Results;
• Any discrepancy between the Results and actual development costs, timelines, or outcomes;
• Changes in market conditions, regulatory requirements, construction costs, or any other external factors occurring after the date the Results are generated;
• Any interruption, malfunction, or unavailability of the Assessment Tool; or
• Any unauthorised access to or alteration of your data or the Results.

The Results are generated automatically based on limited inputs and generalised data. We make no guarantee, representation, or warranty whatsoever regarding the accuracy, completeness, currency, reliability, or suitability of the Results for any purpose. All Results are provided strictly on an "as is" basis.

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted, or modified (a "Non-Excludable Provision"). If a Non-Excludable Provision applies, our liability is limited, to the extent permitted by law, to the re-supply of the relevant service.

4. Intellectual Property

All intellectual property rights in and relating to the Assessment Tool are owned exclusively by McDonald Architecture Pty Ltd. This includes, without limitation, all algorithms, scoring methodologies, weighting systems, assessment frameworks, formulas, data models, user interface designs, source code, and underlying logic (collectively, "Proprietary Materials").

The Proprietary Materials represent significant investment in research, development, and professional expertise by McDonald Architecture Pty Ltd. You must not, and must not permit any third party to:

• Reproduce, copy, or duplicate any part of the Assessment Tool or its Proprietary Materials;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or logic of the Assessment Tool;
• Extract, scrape, or systematically collect data or outputs from the Assessment Tool;
• Create derivative works based on the Assessment Tool or any of its components;
• License, sublicense, sell, distribute, or otherwise commercialise any part of the Assessment Tool or its outputs; or
• Remove, alter, or obscure any proprietary notices, watermarks, or branding associated with the Assessment Tool or the Results.

Any breach of this section may result in immediate termination of your access to the Assessment Tool and may give rise to legal proceedings for damages and injunctive relief.

5. Permitted Use

Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable licence to use the Assessment Tool for your own personal and informational purposes only.

You must not, without the prior written consent of McDonald Architecture Pty Ltd:

• Use the Results for any commercial purpose, including but not limited to marketing materials, investment prospectuses, development proposals submitted to third parties, or financial projections;
• Publish, distribute, or publicly disseminate the Results in any medium;
• Rely upon or cite the Results in any professional, legal, regulatory, or contractual context;
• Present the Results as professional advice, a formal feasibility study, or an endorsed assessment by Burleigh Beach Designs;
• Use the Assessment Tool on behalf of a third party or for the purpose of providing services to a third party; or
• Use the Assessment Tool in any manner that could damage, disable, overburden, or impair its functionality or interfere with any other party's use.

6. Data Collection and Retention

When you use the Assessment Tool, we collect and store certain information as described below. This data collection is subject to our Privacy Policy, which should be read in conjunction with these Terms.

Information Collected:

• Form inputs you provide, including contact details (name, email address, phone number), property details, project specifications, design preferences, and budget information;
• Assessment results and scores generated by the Assessment Tool based on your inputs;
• Metadata associated with your use of the Assessment Tool, including submission timestamps and session identifiers.

Storage and Security:

• All data is stored using secure, encrypted cloud-based infrastructure (including Firebase/Firestore);
• Access to stored assessment data is restricted to authorised Burleigh Beach Designs administrative personnel only;
• We implement industry-standard security measures to protect against unauthorised access, alteration, disclosure, or destruction of your data.

Retention:

• Assessment data is retained for a period reasonably necessary to fulfil the purposes for which it was collected, to manage and improve our services, and to comply with our legal obligations;
• You may request deletion of your data by contacting us using the details provided in Section 13 of these Terms.

Third-Party Disclosure:

• Your assessment data is not shared with, sold to, or disclosed to third parties except as described in our Privacy Policy;
• We may use aggregated, de-identified data for the purposes of improving the Assessment Tool and our services. Such data will not identify you personally.

7. Accuracy Disclaimer

The Results produced by the Assessment Tool are general market indicators only. Any cost ranges, budget estimates, or financial figures presented in the Results are approximate and are not to be construed as quotations, proposals, tenders, or binding cost estimates.

Actual development costs may vary significantly based on numerous factors, including but not limited to:

• Specific site conditions, including topography, soil classification, and geotechnical factors;
• Detailed architectural design, specifications, and material selections;
• Current and future market conditions, including construction material costs and labour availability;
• Local council requirements, planning overlays, and regulatory compliance;
• Builder selection, procurement method, and contractual arrangements;
• Project timing, staging, and duration;
• Consultant fees, statutory charges, infrastructure contributions, and other ancillary costs; and
• Unforeseen circumstances, including latent site conditions, design changes, and regulatory amendments.

The Results do not constitute a quantity survey, bill of quantities, detailed cost estimate, or any form of proprietary cost analysis. Burleigh Beach Designs strongly recommends engaging a registered quantity surveyor or cost consultant for any detailed cost assessment prior to making financial commitments in relation to a development project.

8. Financial Information Disclaimer

The Assessment Tool does not provide financial advice. McDonald Architecture Pty Ltd is not a financial services provider and does not hold an Australian Financial Services Licence.

Any references to budgets, costs, investment returns, potential yields, financial viability, or other financial matters within the Results are general observations only. They are not recommendations, endorsements, or advice regarding any financial product, investment decision, or financial strategy.

You should seek independent financial advice from a licensed financial adviser, accountant, or other suitably qualified professional before making any financial decisions in connection with a development project. You should also seek independent legal and taxation advice as appropriate to your circumstances.

Burleigh Beach Designs accepts no responsibility for any financial loss or adverse outcome arising from decisions made in reliance on information generated by the Assessment Tool.

9. No Professional Relationship

Your use of the Assessment Tool does not create, and must not be interpreted as creating, any form of professional relationship between you and McDonald Architecture Pty Ltd, including but not limited to:

• An architect-client relationship;
• A professional advisory or consulting relationship;
• A fiduciary relationship; or
• A contractual engagement for the provision of architectural or design services.

No duty of care arises from your use of the Assessment Tool beyond the obligations expressly set out in these Terms. If you wish to engage Burleigh Beach Designs for professional architectural services, a separate formal engagement agreement will be required.

10. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless McDonald Architecture Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Assessment Tool or the Results;
• Any decision made or action taken by you or any third party in reliance on the Results;
• Your breach of these Terms;
• Your violation of any applicable law, regulation, or third-party right; or
• Any claim by a third party arising from your use, distribution, or communication of the Results.

This indemnification obligation survives the termination of these Terms and your cessation of use of the Assessment Tool.

11. Governing Law and Jurisdiction

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

You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal therefrom for the resolution of any dispute arising out of or in connection with these Terms or your use of the Assessment Tool.

12. Modifications to These Terms

McDonald Architecture Pty Ltd reserves the right to modify, amend, or replace these Terms at any time and at its sole discretion. Updated Terms will be posted on this page with a revised effective date.

Your continued use of the Assessment Tool following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. We encourage you to review these Terms periodically. If you do not agree with any modification, you must discontinue your use of the Assessment Tool immediately.

13. Contact Us

If you have any questions about these Terms of Use, or if you wish to discuss your project requirements with a qualified professional, please contact Burleigh Beach Designs:

• Entity: McDonald Architecture Pty Ltd
• Email: info@burleighbeachdesigns.com.au
• Phone: (07) 5520 1940
• Website: https://burleighbeachdesigns.com.au

For professional architectural services, including detailed feasibility studies, design consultations, and development advisory, we invite you to get in touch or book an Onsite Consultation with our team.