Terms & Conditions
Last updated: 15 October 2026
1. Definitions and Interpretation
1.1 Definitions
In these Terms and Conditions, unless the context requires otherwise:
Account means the personal account created by a Member through the Colma Platform to manage their Membership, Registered Properties, payments, Repair Requests, appointments and communications with Colma.
Activation Date means the date on which a Membership becomes active following acceptance by Colma and successful receipt of the first applicable Membership Fee.
Additional Repair means any repair, preparation, labour, material or other work that falls outside the inclusions of the Member's Membership Plan, exceeds the Member's available Annual Repair Allowance, exceeds an applicable size, quantity or service limitation, or is otherwise identified as additional work under these Terms. Additional Repairs may be offered separately at the applicable Member Rate and require the Member's approval before work begins.
Annual Repair Allowance means the quantity of Repair Services available to a Member during a Membership Year, as specified in the applicable Plan Summary. It may be expressed by reference to square metres, Repair Requests, Repair Items or another stated measurement.
App means the Colma mobile application through which Members may access and manage the Services.
Appointment means a date and time agreed between Colma and the Member for an assessment, inspection or Repair Service at a Registered Property.
Applicable Law means all Commonwealth, State, Territory and local laws, regulations, codes and legally binding requirements applicable to Colma, the Member, the Property or the Services.
Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.
Authorised Representative means a person authorised by the Member to communicate with Colma, provide access to a Registered Property, approve work or otherwise act for the Member in connection with the Membership.
Care means the Colma Membership Plan identified by that name in the applicable Plan Summary, including its stated Repair Services, allowances, limitations and exclusions.
Business Day means a day other than a Saturday, Sunday or public holiday in the State or Territory in which the relevant Registered Property is situated.
Care Plus means the Colma Membership Plan identified by that name in the applicable Plan Summary, including its stated Repair Services, allowances, materials, limitations and exclusions.
Colma, we, us or our means [insert Colma's complete registered company name, ACN and ABN] and, where appropriate, its employees, agents and authorised service providers.
Colma Platform means the Website, App, Member Account, software, booking system and other digital services operated or made available by Colma.
Commencement Date means the date on which these Terms become binding on the Member, being the date the Member accepts them or purchases a Membership, whichever occurs first.
Consumer Guarantee means a right or guarantee that applies under the Australian Consumer Law or any other Applicable Law and cannot lawfully be excluded, restricted or modified.
Damage Area means the measurable surface area affected by a Repair Item, calculated using the reasonable width and height of the area requiring work. Colma may verify or adjust measurements following assessment of the Property.
Eligible Property means a Property situated within the Service Area, of a type accepted by Colma, correctly registered to the Member's Account, satisfying the eligibility requirements in these Terms, and accepted by Colma as a Registered Property.
Eligible Repair means a Repair Item that falls within the Repair Services included in the Member's Plan, is located at a Registered Property, is submitted after the applicable Waiting Period, falls within the Member's available Annual Repair Allowance, complies with applicable size, number, location and material limitations, and is not an Excluded Repair.
Excluded Repair means a repair, defect, condition, surface, material, location or type of work that is not included in a Membership Plan, as specified in these Terms, the Plan Summary or the Exclusions Schedule.
Fees means all amounts payable by a Member in connection with a Membership or Services, including Membership Fees, Repair Request Fees, Additional Repair charges, cancellation charges or other amounts disclosed and agreed in accordance with these Terms.
GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Hazardous Material means any material or substance that may present a health, safety or environmental risk, including asbestos, lead-based paint, mould, biological contamination, hazardous chemicals or any material requiring specialist identification, removal or handling.
Maintenance Service means a service supplied by Colma to assist with the cosmetic upkeep, restoration or minor repair of an Eligible Property.
Member, you or your means the person or legal entity that applies for and holds a Membership, is named as the account holder, accepts these Terms and is responsible for complying with the Membership obligations.
Member Rate means any discounted or preferential rate that Colma may make available to a current Member for Additional Repairs or other services. The applicable price must be disclosed before the Member authorises the relevant work.
Membership means the contractual arrangement under which a Member pays the applicable Membership Fees in exchange for access to the Services and benefits included in the selected Membership Plan, subject to these Terms. A Membership is a prepaid maintenance service arrangement. It is not an insurance product, extended warranty or financial product, and it does not reimburse a Member for loss or damage.
Membership Fee means the weekly, monthly, annual or other recurring amount payable for a Membership Plan, as displayed at the time of purchase or otherwise agreed with the Member.
Membership Plan or Plan means Care, Care Plus, Total Care or any other membership option introduced by Colma, together with its inclusions, Annual Repair Allowance, applicable Fees, limitations and exclusions.
Membership Year means the 12-month period beginning on the Activation Date and each subsequent 12-month period commencing on a Renewal Date.
Paint means paint or coating material that Colma agrees to supply as part of a Membership Plan or Additional Repair. Unless expressly stated otherwise, Paint does not include specialist, industrial, textured, decorative, metallic, heritage, waterproofing or other non-standard coating systems.
Payment Method means the valid credit card, debit card, bank account or other payment facility nominated by the Member and accepted by Colma.
Payment Provider means a third-party provider engaged by Colma to process, store or administer payments.
Personal Information means the meaning given under the Privacy Act 1988 (Cth), including information or an opinion about an identified individual or an individual who is reasonably identifiable.
Plan Summary means the document, webpage, App screen or schedule provided by Colma describing the price, inclusions, Annual Repair Allowance, materials, limitations and other features of a Membership Plan.
Plaster Repair means minor, non-structural preparation or patching of an internal plasterboard surface where expressly included in the relevant Membership Plan. It does not include structural repairs, extensive water-damaged areas, active leaks, mould treatment, cornice replacement, full-sheet replacement or work requiring engineering or specialist remediation.
Property means the residential premises nominated by the Member in connection with a Membership, including an eligible house, townhouse, apartment or other property type accepted by Colma. Unless expressly accepted by Colma, Property does not include common property, shared areas, commercial premises, temporary structures or areas outside the Member's ownership, management or lawful authority.
Registered Property means an Eligible Property that has been added to the Member's Account, accepted by Colma and linked to an active Membership Plan.
Renewal Date means the date on which a Membership renews for a further Membership Year.
Repair Allocation means the portion of the Annual Repair Allowance applied to a particular Repair Request or Repair Item.
Repair Item means one separate and identifiable cosmetic defect or area requiring work, including a scuff, mark, scratch, chip, small hole, paint defect or minor plaster defect. Several marks or defects may be treated as separate Repair Items where they are not sufficiently close to be reasonably completed as one continuous repair area.
Repair Request means a request submitted by or for a Member through the Colma Platform or another approved channel asking Colma to assess and, where eligible, arrange a Repair Service. Submission does not automatically mean that the requested work is included. Colma may first assess eligibility, measurements, photographs, access requirements, safety considerations and available Repair Allocation.
Repair Request Fee means any fixed contribution payable by a Member when submitting or proceeding with a Repair Request, where specified in the applicable Plan Summary.
Repair Service means an Eligible Repair arranged or performed by Colma or a Service Provider under a Membership Plan.
Service Area means any postcode, suburb, municipality, region, State or Territory in which Colma currently offers some or all of its Services, as determined and updated by Colma from time to time.
Service Provider means a Colma employee, contractor, subcontractor, painter, plasterer, tradesperson or other person appointed to assess, arrange or perform Services. A Service Provider must hold any qualification, registration or licence required by Applicable Law for the work being performed.
Services means the Colma Platform, Membership administration, assessments, bookings, Repair Services, Maintenance Services and any Additional Repairs supplied or arranged by Colma.
Terms means these Colma Membership Terms and Conditions, including all schedules, Plan Summaries and policies expressly incorporated into them.
Total Care means the Colma Membership Plan identified by that name in the applicable Plan Summary, including its stated Repair Services, allowances, Paint, eligible Plaster Repairs, limitations and exclusions.
Waiting Period means the period beginning on the Activation Date, renewal, upgrade or Early Renewal during which some or all Repair Requests cannot yet be submitted or completed, as specified in the applicable Plan Summary or these Terms.
Website means the Colma website located at localhost:3000, including any replacement or associated website operated by Colma.
1.2 Interpretation
(a) headings are included for convenience only and do not affect interpretation;
(b) the singular includes the plural and the plural includes the singular;
(c) a reference to a person includes an individual, company, partnership, trust, association, government body or other legal entity;
(d) the words 'including', 'includes' and 'for example' do not limit the words preceding them;
(e) a reference to legislation includes any amendment, replacement, regulation or subordinate instrument made under that legislation;
(f) a reference to a document includes that document as amended or replaced in accordance with these Terms;
(g) a reference to 'in writing' includes communication by email, through the App, through the Website or through the Member's Account;
(h) references to currency or '$' mean Australian dollars;
(i) where a time period is calculated from a particular date, that date is excluded unless expressly stated otherwise;
(j) if there is an inconsistency between these Terms and a Plan Summary, these Terms prevail unless the Plan Summary expressly states that a particular provision replaces a provision of these Terms;
(k) no provision of these Terms excludes, restricts or modifies a Consumer Guarantee or other right that cannot lawfully be excluded, restricted or modified; and
(l) an obligation imposed on more than one person applies to those persons jointly and individually.
2. Membership Plans
2.1 Colma offers three Membership Plans: Care, Care Plus and Total Care. Each Plan provides a different level of Repair Services, materials and scheduling benefits, as described in these Terms and the applicable Plan Summary.
2.2 Before purchasing a Membership, the Member will be given access to a Plan Summary stating the Membership Fee, Annual Repair Allowance, included materials, Repair Request Fee, Waiting Period and any material limitations applying to the selected Plan. The Plan Summary forms part of these Terms.
2.3 Plan Overview
| Plan | Annual allowance | Materials | Additional benefit |
|---|---|---|---|
| Care | 3 m² annually; up to 3 Repair Requests; 1 m² per request; up to 4 Repair Items per request | Paint and plastering materials not included | Member Rate after allowance is used |
| Care Plus | Up to 3 Repair Requests; combined maximum of 3 m²; up to 4 Repair Items per request | Standard Paint included; plastering not included | Member Rate after allowance is used |
| Total Care | Up to 3 Repair Requests; combined maximum of 3 m²; up to 4 Repair Items per request | Standard Paint and eligible minor plastering included | Priority scheduling, subject to availability |
The table is a working product summary. The final Plan Summary presented at checkout must state the current Fees and any approved variations.
2.4 Care
2.4.1 The Care Plan is intended for minor cosmetic painting repairs. During each Membership Year, the Member may submit up to three Repair Requests, subject to the Waiting Period, Repair Request Fee and all applicable eligibility requirements.
2.4.2 Care has an Annual Repair Allowance of 3 square metres. Each Care Repair Request may use up to 1 square metre of that allowance and may be divided between no more than four Repair Items. Across three Repair Requests, the maximum is twelve Repair Items per Membership Year.
2.4.3 Paint, colour-matching products and plastering materials are not included in Care unless the Plan Summary expressly states otherwise. The Member must provide suitable Paint or approve and pay for any materials quoted by Colma before work begins.
2.5 Care Plus
2.5.1 The Care Plus Plan includes eligible cosmetic painting repairs and standard Paint selected or approved by Colma.
2.5.2 During each Membership Year, the Member may submit up to three Repair Requests using a combined maximum Annual Repair Allowance of three square metres. Each Repair Request may contain no more than four Repair Items, with a maximum of twelve Repair Items per Membership Year.
2.5.3 Care Plus does not include Plaster Repairs unless expressly stated in the Plan Summary or separately approved as an Additional Repair.
2.6 Total Care
2.6.1 The Total Care Plan includes eligible cosmetic painting repairs, standard Paint and eligible minor Plaster Repairs, subject to the exclusions and limitations in these Terms.
2.6.2 During each Membership Year, the Member may submit up to three Repair Requests using a combined maximum Annual Repair Allowance of three square metres. Each Repair Request may contain no more than four Repair Items, with a maximum of twelve Repair Items per Membership Year.
2.6.3 Total Care Members receive priority scheduling relative to Care and Care Plus Members for work of a comparable nature and urgency. Priority scheduling does not guarantee immediate, same-day or emergency attendance and remains subject to Service Provider availability, safe access, weather, materials and operational capacity.
2.7 Measuring and Allocating Repair Items
2.7.1 The Damage Area for a Repair Item will generally be calculated by multiplying the reasonable width and height of the surface area requiring work. Measurements supplied by a Member are estimates and may be verified or adjusted by Colma following review of photographs, video or an on-site assessment.
2.7.2 Where several defects are sufficiently close to be repaired as one continuous area, Colma may treat them as one Repair Item. Defects located on separate surfaces or requiring separate preparation may be treated as separate Repair Items.
2.7.3 Certain component-based repairs, including an eligible door, door frame or window frame repair, may be assigned a fixed Repair Allocation rather than measured solely by square metres, where stated in the Plan Summary or Repair Request process.
2.7.4 Colma's reasonable assessment of the Damage Area and Repair Allocation will determine the amount deducted from the Member's Annual Repair Allowance, subject to any rights the Member has under Applicable Law.
2.8 Materials and Colour Matching
2.8.1 Where Paint is included, Colma will supply a reasonable quantity of standard interior or exterior Paint suitable for the approved Repair Service. Specialist coatings, premium products and non-standard finishes may incur an additional charge disclosed before work begins.
2.8.2 Colma will use reasonable care when matching colours and finishes. Exact matching cannot be guaranteed because existing paint may have faded, aged, discoloured or changed in sheen, and manufacturers may alter formulas or discontinue products.
2.9 Multiple Properties
2.9.1 A Member may register and manage more than one Property through the same Account.
2.9.2 Each Registered Property must have an eligible Membership Plan and the applicable Fees will be displayed and accepted before activation. Repair Allowances attached to one Registered Property cannot be used at another Registered Property unless Colma expressly agrees in writing.
2.10 Use and Expiry of the Annual Repair Allowance
2.10.1 Unused Repair Requests, Repair Items or square-metre allowances expire at the end of the applicable Membership Year and do not carry forward, convert to cash, create a refund entitlement or transfer to another person or Property.
2.10.2 After the Annual Repair Allowance has been used, the Membership remains active until the end of the Membership Year. The Member may request Additional Repairs at the applicable Member Rate, upgrade their Plan or apply for Early Renewal in accordance with these Terms.
2.11 Plan Selection, Upgrades and Changes
2.11.1 The Member is responsible for selecting a Plan appropriate for the Property and anticipated Repair Services. Colma may provide general information about its Plans but does not warrant that a particular Plan will meet every repair or maintenance requirement.
2.11.2 A Member may request an upgrade at any time. Any additional Fees, revised Annual Repair Allowance and applicable Waiting Period will be disclosed before the upgrade takes effect.
2.11.3 A downgrade will ordinarily take effect at the next Renewal Date unless Colma agrees otherwise in writing. Colma will not reduce benefits already paid for during the current Membership Year except where permitted by these Terms and Applicable Law.
2.12 Assessment of Repair Requests
2.12.1 The inclusion of a category or example in a Plan does not mean that every request within that category is eligible. Each Repair Request remains subject to assessment under these Terms, including the applicable Waiting Period, exclusions, safety requirements, access conditions and available Annual Repair Allowance.
2.12.2 If only part of a Repair Request is eligible, Colma may offer to perform the eligible portion and quote the remaining work as an Additional Repair. No Additional Repair will proceed without the Member's approval.
2.13 Nature of the Membership
2.13.1 A Membership provides access to specified maintenance services and benefits. It does not provide reimbursement for loss, compensate a Member for damage, guarantee that all defects will be repaired or replace the Member's responsibility to maintain the Property.
2.13.2 Nothing in this section excludes, restricts or modifies any Consumer Guarantee or other right that cannot lawfully be excluded, restricted or modified.
3. Eligibility
3.1 Eligibility to Apply
3.1.1 An applicant may apply for a Membership if the applicant is:
(a) an individual who is at least 18 years old and has legal capacity to enter into these Terms; or
(b) a company, owners corporation, body corporate, partnership, trust, real-estate agency, property-management business or other legal entity acting through an Authorised Representative.
3.1.2 The applicant must provide a valid Payment Method and any information reasonably required by Colma to assess eligibility and administer the Membership.
3.2 Authority in Relation to the Property
3.2.1 The applicant must be legally entitled to arrange and authorise Repair Services at the Property. The applicant must be one of the following:
(a) the registered owner or a co-owner of the Property;
(b) a tenant or lawful occupant who has obtained any consent required from the owner, landlord or managing agent;
(c) a property manager, real-estate agent or facilities manager acting within the scope of their authority;
(d) an authorised representative of an owners corporation, body corporate or similar entity; or
(e) another person or entity able to demonstrate lawful authority to arrange the Services.
3.2.2 By registering a Property, the Member represents that the Services can lawfully be authorised and performed and will not breach any lease, management agreement, body-corporate rule, by-law, heritage restriction or other binding obligation.
3.2.3 Colma may request reasonable evidence of ownership, occupancy, management authority or consent before activating a Membership or performing a Repair Service.
3.3 Eligible Properties
3.3.1 To qualify as an Eligible Property, the Property must:
(a) be located within the applicable Service Area;
(b) be a Property type accepted by Colma for the selected Membership Plan;
(c) have surfaces and areas that can be accessed and serviced safely and lawfully;
(d) not be subject to a condition that makes the proposed Services unsafe, unlawful or impracticable; and
(e) be correctly registered to the Member's Account and accepted by Colma.
3.3.2 Eligible Property types may include houses, townhouses, apartments, rental properties and other residential premises accepted by Colma. Common property, commercial premises, strata or body-corporate areas and portfolios of multiple properties are eligible only where Colma expressly accepts them and the applicable Plan Summary identifies any additional requirements or Fees.
3.3.3 A Property undergoing major construction, renovation, structural remediation or hazardous-material treatment may be treated as ineligible until the relevant work is completed and the areas requiring Colma's Services are safe and reasonably accessible.
3.4 Service Area
3.4.1 Membership availability is limited to Properties within the Service Area displayed on the Colma Platform or confirmed by Colma in writing.
3.4.2 Colma may verify the Property address and postcode before accepting an application. An indication on the Platform that a postcode may be serviced is provisional until the Property is accepted and the Activation Date is confirmed.
3.4.3 If a Property is outside the current Service Area, the applicant may be invited to join a waitlist or register interest. Joining a waitlist does not create a Membership, guarantee a future commencement date or require payment of a Membership Fee.
3.5 Information Required from the Applicant
3.5.1 The applicant must provide information that is accurate, current and complete, including:
(a) the applicant's legal name, contact details and billing information;
(b) the Property address and relevant Property details;
(c) the applicant's relationship to the Property and, where requested, evidence of authority;
(d) known access limitations, safety concerns, Hazardous Materials or other conditions relevant to the Services; and
(e) any other information reasonably required to assess or administer the Membership.
3.5.2 The applicant must not impersonate another person, provide misleading information, register a Property without authority or use another person's Payment Method without permission.
3.6 Review and Acceptance of Applications
3.6.1 Submitting an application or making a payment does not by itself guarantee acceptance. A Membership commences only when Colma confirms acceptance, receives the required initial payment and issues an Activation Date.
3.6.2 Colma may request further information or a preliminary assessment where reasonably necessary to confirm the Property's eligibility, serviceability or safety.
3.6.3 Colma may decline an application where there are reasonable grounds to do so, including where:
(a) the applicant does not satisfy this section;
(b) the Property is outside the Service Area or is not an accepted Property type;
(c) the requested Services cannot reasonably be supplied because of safety, access, licensing, staffing or operational limitations;
(d) the information supplied is materially incomplete, inaccurate or misleading;
(e) the applicant has previously engaged in fraud, threats, serious misuse of the Services or unresolved non-payment; or
(f) acceptance would require Colma or a Service Provider to act unlawfully or outside an applicable licence or authorisation.
3.6.4 If Colma declines an application after receiving a Membership Fee, Colma will refund the amount paid unless it is lawfully applied to an amount already due and the applicant has been informed of that application.
3.7 Multiple Properties and Portfolio Accounts
3.7.1 A Member may apply to register multiple Properties under one Account. Each Property will be assessed separately and must remain eligible throughout the relevant Membership Year.
3.7.2 An Account used by a property manager, real-estate agency, owners corporation, body corporate or portfolio owner may include multiple Authorised Representatives. The Member remains responsible for their use of the Account and for ensuring that each person acts within their authority.
3.7.3 Unless the applicable Plan Summary expressly states otherwise, the Annual Repair Allowance and benefits assigned to one Registered Property cannot be transferred to another Property.
3.8 Tenants, Occupants and Persons Present at the Property
3.8.1 Where the Member is not the person occupying the Property, the Member must ensure that the occupant is informed about the proposed Appointment and that lawful access has been arranged.
3.8.2 The Member may nominate a tenant, occupant, agent or other responsible person to be present for a Repair Service. Providing that person's details is subject to the privacy requirements in these Terms and Colma's Privacy Policy.
3.8.3 A person aged 18 or over must be present during an Appointment unless Colma has approved another secure access arrangement in writing.
3.9 Continuing Eligibility
3.9.1 The Member must remain eligible throughout the Membership Year and promptly notify Colma of any material change affecting the Member, the Property, authority to arrange Services, occupancy, ownership, access or safety.
3.9.2 If a change affects eligibility, Colma will discuss any reasonable available option with the Member, which may include updating the Account, transferring the Membership where permitted, changing the Registered Property, postponing a Service, or ending the affected Membership in accordance with these Terms.
3.9.3 Colma will not suspend or end a Membership merely because circumstances have changed where the issue can reasonably be corrected and the Member takes the required corrective action within a reasonable period.
3.10 Membership Eligibility and Repair Eligibility
3.10.1 Acceptance of a Member or Property does not mean that every Repair Request will be eligible. Each Repair Request must independently satisfy the selected Plan, Waiting Period, Annual Repair Allowance, exclusions, access requirements and safety conditions applying at the time of the request.
3.10.2 Nothing in this section excludes, restricts or modifies any Consumer Guarantee or other right that cannot lawfully be excluded, restricted or modified.
4. Membership and Payments
4.1 Formation and Commencement of Membership
4.1.1 A Membership is formed only when Colma has accepted the application, received the initial amount due and issued the Member with written confirmation of the Activation Date, selected Membership Plan, Registered Property, payment frequency and applicable Fees.
4.1.2 The Membership Year begins on the Activation Date and continues for 12 months unless ended earlier in accordance with these Terms.
4.1.3 The Member must review the confirmation and promptly notify Colma of any error. An administrative correction does not alter the Member's non-excludable rights.
4.2 Fees and Price Information
4.2.1 Before the Member completes enrolment, Colma will display or otherwise provide the material payment information for the selected Membership, including:
(a) the Membership Fee and whether it is payable annually, monthly or at another disclosed interval;
(b) the total minimum amount payable during the initial Membership Year, where it can reasonably be calculated;
(c) the Repair Request Fee and any other mandatory transaction fee;
(d) whether GST is included and whether an authorised payment surcharge may apply;
(e) the timing of recurring payments and the initial payment date; and
(f) any introductory rate, discount or promotion and when it ends.
4.2.2 The Plan Summary and checkout confirmation form part of these Terms. If payment information in those documents is more specific than this section, the more specific information applies to that Membership to the extent of any inconsistency.
4.2.3 A Membership Fee is payable for access to the Membership and its benefits during the applicable period, whether or not the Member submits a Repair Request, subject to these Terms and applicable law.
4.3 Authority for Recurring Payments
4.3.1 By selecting a recurring payment option and providing a Payment Method, the Member authorises Colma and its Payment Provider to debit the disclosed amounts from that Payment Method on the stated payment dates until the authority is cancelled or the Membership ends.
4.3.2 The recurring payment authority applies only to amounts permitted by these Terms and disclosed to the Member. Colma will not use it to debit Additional Repairs, variations or other optional work unless the Member has separately approved the amount or a clear method for calculating it.
4.3.3 The Member may withdraw a recurring payment authority by notifying Colma or the relevant financial institution. Withdrawing the authority does not by itself end the Membership or remove an amount already due; the Member must arrange another accepted Payment Method or end the Membership in accordance with the applicable cancellation provisions.
4.4 Payment Schedule
4.4.1 If the Membership Fee is paid annually, the full annual amount is due on or before the Activation Date and, if the Membership is renewed, on each renewal date.
4.4.2 If Colma permits payment by monthly or other instalments, each instalment is part of the price for the Membership Year and is due on the dates shown in the Plan Summary or payment confirmation.
4.4.3 Colma may adjust a payment date to the next practicable processing day where the nominated date does not occur in a month or falls on a day when the payment system is unavailable. Colma will not debit more frequently as a result.
4.4.4 A monthly or other instalment arrangement does not create a month-to-month Membership or give the Member a right to pay only for the months that have elapsed. Subject to these Terms and Applicable Law, the instalments are payments towards the total Membership Fee for the 12-month Membership Year.
4.4.5 If, before the end of the Membership Year, all three Repair Requests have been completed or the Member's full Annual Repair Allowance has otherwise been permanently used through completed Repair Services, and the Member then requests cancellation, the unpaid balance of the Membership Fee for that Membership Year becomes immediately due and payable.
4.4.6 An amount payable under clause 4.4.5 is the outstanding portion of the agreed Membership Fee and is not an additional cancellation fee or penalty. Colma will provide the Member with a written statement showing the Membership Fee, instalments received and outstanding balance.
4.4.7 Cancellation under clause 4.4.5 ends access to future Membership benefits from the effective cancellation date but does not reinstate a used Repair Request or Repair Allocation, create a refund for completed Repair Services, or reduce an amount properly payable for the Membership Year.
4.4.8 Withdrawing or cancelling a recurring payment authority does not by itself cancel the Membership or remove liability for an outstanding balance. The Member must use the applicable cancellation process and arrange another accepted Payment Method for any amount properly due.
4.4.9 Clauses 4.4.4 to 4.4.8 do not exclude, restrict or modify any right or remedy that cannot lawfully be excluded, including a right arising from a major failure or other breach of a Consumer Guarantee under the Australian Consumer Law.
4.5 Repair Request Fees and Additional Work
4.5.1 The applicable Repair Request Fee becomes payable only when required under the Plan Summary and Colma accepts or schedules the relevant Repair Request. Colma will disclose the amount before obtaining the Member's payment approval.
4.5.2 Unless the Plan Summary states otherwise, a Repair Request Fee is separate from the Membership Fee and does not reduce the Member's Annual Repair Allowance.
4.5.3 Work outside the selected Membership Plan or Annual Repair Allowance is not included in the Membership Fee. Colma will provide a quote or other clear price information and obtain the Member's approval before performing chargeable Additional Repairs or a material variation, except where urgent work is separately authorised by the Member.
4.5.4 If an accepted Repair Request cannot proceed for a reason attributable to Colma or a Service Provider, any Repair Request Fee paid for that request will be refunded or, with the Member's agreement, credited to the Account. Separate rules may apply where the Member cancels, is absent or does not provide access, as stated elsewhere in these Terms.
4.6 Payment Methods and Payment Providers
4.6.1 The Member must maintain a valid Payment Method accepted by Colma and ensure that the account holder has authorised its use.
4.6.2 Payments may be processed by a Payment Provider. The Member may also be subject to that provider's terms, but Colma remains responsible for its own obligations under these Terms and applicable law.
4.6.3 Colma does not receive or retain complete card or bank-account credentials where those credentials are collected and stored directly by the Payment Provider. Payment information will be handled in accordance with applicable privacy and security requirements.
4.7 Failed or Overdue Payments
4.7.1 If a payment is declined or remains unpaid, Colma may make reasonable further attempts to process the payment and will notify the Member using the contact details recorded on the Account.
4.7.2 The Member must update the Payment Method or pay the outstanding amount within the reasonable period stated in the notice.
4.7.3 While an undisputed amount remains overdue, Colma may pause new Repair Requests after giving reasonable notice. Colma will consider any genuine payment dispute and any circumstances in which pausing the Services would be unlawful or disproportionately affect the Member.
4.7.4 Colma may charge a failed-payment or administration fee only if it was disclosed before enrolment, reflects reasonable costs incurred and is permitted by law. A Payment Provider or financial institution may separately charge fees under its own terms.
4.7.5 Persistent non-payment may result in the Membership being ended under the applicable termination provisions. Ending the Membership does not remove amounts properly due for a period already supplied or work already authorised and performed.
4.8 GST and Payment Surcharges
4.8.1 Unless stated otherwise, prices displayed to consumers are in Australian dollars and include GST where GST applies.
4.8.2 Any payment surcharge will be disclosed before payment and will not exceed the amount Colma is permitted to charge under applicable law.
4.8.3 If a new tax, levy or government charge directly affects an amount payable during a Membership Year, Colma may pass through only the applicable amount after giving reasonable notice and explaining the basis of the adjustment, to the extent permitted by law.
4.9 Receipts and Account Records
4.9.1 Colma will provide an electronic receipt or payment confirmation and make reasonable payment information available through the Account or on request.
4.9.2 The Member should promptly notify Colma of a suspected duplicate, incorrect or unauthorised debit so that it can be investigated. This does not limit the Member's right to contact the Payment Provider or financial institution.
4.10 Refunds, Credits and Payment Corrections
4.10.1 Colma will correct a verified payment error and refund any duplicate or incorrectly debited amount within a reasonable period.
4.10.2 Any other refund or Account credit will be determined under these Terms and applicable law, having regard to the relevant Membership period and Services already supplied.
4.10.3 A promotional credit has no cash value and is not transferable unless the promotion expressly states otherwise or applicable law requires a different result.
4.10.4 A refund will ordinarily be returned to the original Payment Method. Colma may use another lawful method where the original method is unavailable or the Payment Provider requires it.
4.11 Changes to Fees
4.11.1 Colma will not increase the Membership Fee for the current Membership Year except for a change requested by the Member, an agreed Plan change, or an adjustment expressly permitted by clause 4.8.3.
4.11.2 Colma may change Fees for a future Membership Year by giving clear advance notice before renewal. The notice will state the new amount, its effective date and how the Member may prevent renewal or end the Membership before the new amount applies.
4.11.3 A price change will not affect a Repair Request already accepted at an agreed price unless the Member approves a variation or the change is required by law.
4.12 Multiple Properties and Plan Changes
4.12.1 Unless the Plan Summary expressly states otherwise, each Registered Property requires its own paid Membership Plan and payment schedule.
4.12.2 If a Member adds or removes a Property, upgrades or changes a Membership Plan, Colma will disclose the resulting price, any pro-rata adjustment, the effective date and any applicable Waiting Period before confirming the change.
4.13 Payment Disputes and Chargebacks
4.13.1 A Member who disputes a payment should contact Colma promptly and provide information reasonably required to investigate the transaction.
4.13.2 The Member retains any right to dispute a transaction through the relevant financial institution or Payment Provider. Colma may provide accurate transaction records and evidence of authorisation in response to that process.
4.13.3 Colma will not treat a Member adversely merely for raising a payment dispute in good faith. If a disputed amount is found to be properly payable, Colma may request payment through an accepted Payment Method.
5. Cooling-off Period
5.1 Purpose and Application
5.1.1 This section explains when a Member may end a newly commenced Membership during a cooling-off period. It does not limit any longer or additional right available under the Australian Consumer Law or another applicable law.
5.1.2 Australian law does not provide an automatic change-of-mind cooling-off period for every purchase made through a website or app. Colma therefore provides the voluntary cooling-off right in clause 5.2 for eligible Memberships acquired directly through the Colma Platform, unless the Plan Summary gives the Member a more favourable right.
5.2 Colma's Voluntary Cooling-off Period
5.2.1 An individual Member who acquires a new Membership directly from Colma may cancel it for any reason during the 14-calendar-day period beginning on the later of:
(a) the Activation Date; and
(b) the date on which Colma gives the Member these Terms and the applicable Plan Summary in a form the Member can retain.
5.2.2 The voluntary cooling-off period applies to the Member's first Membership for the relevant Registered Property. It does not automatically restart because the Member updates Account details, changes a Payment Method or renews the same Membership, except as stated in clause 5.7.
5.2.3 A longer cooling-off period stated in a Plan Summary, promotion or written confirmation will apply instead of the 14-calendar-day period.
5.3 How to Cancel During the Cooling-off Period
5.3.1 The Member may exercise the cooling-off right by giving Colma a clear notice that they wish to cancel the Membership. No particular wording or reason is required.
5.3.2 Notice may be given through the cancellation function on the Colma Platform, by email, or by another contact method stated in the Plan Summary or on the Platform.
5.3.3 A cancellation notice is effective when it is sent or submitted, provided the Member can reasonably identify the Account or Membership. Colma will acknowledge the notice in writing within a reasonable period.
5.4 Effect of Voluntary Cooling-off Cancellation
5.4.1 Subject to clause 5.5, a valid cancellation under clause 5.2 ends the Membership without a cancellation fee and Colma will:
(a) stop future recurring debits for the cancelled Membership;
(b) cancel any unused Appointment or Repair Request linked to that Membership; and
(c) refund the Membership Fee and any other amount paid for Services not supplied.
5.4.2 Colma will process the refund promptly and ordinarily within 10 business days after receiving the cancellation notice. The timing for funds to appear may depend on the Payment Provider or the Member's financial institution.
5.4.3 A refund will ordinarily be returned to the original Payment Method in accordance with clause 4.10.4.
5.5 Services Requested During the Voluntary Period
5.5.1 Colma may postpone the acceptance or performance of a Repair Request until the voluntary cooling-off period has ended.
5.5.2 If the Member expressly asks Colma to begin a Repair Service during the voluntary cooling-off period, Colma will first explain any effect that request may have on the refund available if the Member later cancels.
5.5.3 If the Member cancels after expressly requesting early performance, Colma may retain or recover only a reasonable amount for Services already supplied and costs specifically authorised by the Member. Colma will refund the remaining balance.
5.5.4 Colma will not rely on this clause to retain an amount where the Services were not requested, were not supplied, or applicable law requires a full refund.
5.6 Unsolicited Consumer Agreements
5.6.1 If a Membership is an unsolicited consumer agreement under the Australian Consumer Law, the statutory termination period and requirements apply in addition to this section.
5.6.2 The statutory period is generally 10 business days and begins at the time prescribed by law. It may be extended where the required sales, disclosure or agreement procedures were not followed.
5.6.3 During a statutory termination period, Colma will not accept payment or supply Services where doing so is prohibited by law. Colma will provide the required agreement information and cancellation notice and will process a valid termination in the manner required by law.
5.6.4 Where the statutory right is more favourable to the Member than Colma's voluntary right, the statutory right applies.
5.7 Upgrades, Early Renewals and New Properties
5.7.1 A new Membership purchased for an additional Registered Property receives its own cooling-off period under clause 5.2.
5.7.2 If a Member upgrades a Membership Plan during the Membership Year, the Member may reverse the upgrade within 14 calendar days after confirmation, provided no benefit available only under the upgraded Plan has been requested or used. Colma will refund the unused upgrade charge and restore the previous Plan where reasonably practicable.
5.7.3 An early renewal does not cancel any Waiting Period that applies to the renewed Annual Repair Allowance. Any cooling-off right for the early renewal applies only as stated in the renewal confirmation and does not revive an allowance already used under the current Membership Year.
5.8 Business and Portfolio Memberships
5.8.1 The voluntary cooling-off right in clause 5.2 applies to an individual acquiring a Membership wholly or predominantly for personal, domestic or household use.
5.8.2 A business, owners corporation, body corporate, real-estate agency, property manager or portfolio account may receive a cooling-off right under its Plan Summary or separate written agreement. Nothing in this clause limits a right that applies to a small business or other customer under applicable law.
5.9 Rights That Cannot Be Waived
5.9.1 A Member is not required to waive a statutory cooling-off or termination right as a condition of joining, requesting a Service or receiving a promotion.
5.9.2 Nothing in these Terms excludes, restricts or modifies a right that cannot lawfully be excluded, restricted or modified.
6. Repair Request Policy
6.1 Purpose and Nature of a Repair Request
6.1.1 A Repair Request is the process by which a Member asks Colma to assess and, if accepted, arrange an eligible Repair Service at a Registered Property.
6.1.2 Submitting a Repair Request does not by itself confirm that the requested work is included, reserve an Appointment, create an obligation to perform the work or confirm the final Repair Allocation.
6.1.3 Each Repair Request is assessed under the Membership Plan, Plan Summary, Waiting Period, Annual Repair Allowance, exclusions, safety requirements and operational availability applying when the request is submitted.
6.2 Who May Submit a Repair Request
6.2.1 A Repair Request may be submitted by the Member or an Authorised Representative through the Colma Platform or another method accepted by Colma.
6.2.2 The person submitting the request must have authority to arrange the proposed work and must identify the correct Account, Membership Plan and Registered Property.
6.2.3 A tenant, occupant or property contact may provide access information or assist with the request, but Colma may seek confirmation from the Member before accepting work or approving an additional charge.
6.3 Information Required
6.3.1 The Member must provide information reasonably required to understand and assess the requested work, including:
(a) the Registered Property and the room, surface, fixture or component requiring attention;
(b) a clear description of each Repair Item and, where known, how and when the condition arose;
(c) reasonable width and height measurements or other dimensions requested through the Colma Platform;
(d) clear photographs or video showing the affected area and surrounding surface, where reasonably practicable;
(e) access limitations, occupancy details, preferred Appointment times and the adult who will be present;
(f) known moisture, mould, asbestos, lead paint, structural movement, electrical, plumbing or other safety concerns; and
(g) any earlier Repair Request or previous work that may relate to the same area.
6.3.2 The Member must ensure the information is accurate and must not deliberately omit, divide or describe work in a manner intended to avoid a Plan limit, exclusion, Repair Item count or Fee.
6.3.3 Colma may assist a Member who cannot provide digital images or measurements, and may assess the area by video call, preliminary visit or another reasonable method.
6.4 Photographs, Video and Supporting Material
6.4.1 Images should be recent, sufficiently clear and include both a close view of the Repair Item and a wider view showing its position and surrounding condition.
6.4.2 Where a scale is needed, the Member may use a measuring tape or another common reference object identified through the Colma Platform, such as an A4 sheet or a standard pen. Any resulting measurement remains an estimate until verified.
6.4.3 The Member must have authority to provide uploaded material and should avoid including people, documents or personal information that are not reasonably necessary for the Repair Request.
6.4.4 Colma may request replacement images or further information where the material supplied is incomplete, unclear, inconsistent or insufficient for a reasonable assessment.
6.5 Measuring Damage Area
6.5.1 For a surface-based Repair Item, Damage Area is ordinarily calculated by multiplying the reasonable maximum width by the reasonable maximum height of the affected area, expressed in square metres.
6.5.2 Irregular or separated areas may be measured as individual rectangles or by another reasonable method that reflects the surface requiring preparation and repair. Colma will not use an unnecessarily large surrounding area merely because a complete wall or surface may need to be painted for appearance.
6.5.3 Measurements entered by the Member are preliminary. Colma may correct them after reviewing images, conducting a remote assessment or inspecting the Property. Colma will explain any material change to the Repair Allocation before work begins.
6.5.4 A door, frame, trim, fixture or other component-based Repair Item may be assigned a standard Repair Allocation stated in the Plan Summary instead of being assessed solely by square metres.
6.6 Grouping and Counting Repair Items
6.6.1 A Repair Request may contain up to four Repair Items. Subject to the selected Plan, a Member may submit up to three accepted Repair Requests and no more than 12 Repair Items during a Membership Year.
6.6.2 Marks, chips, holes or other affected areas that are close together, arise from the same condition or can reasonably be repaired as one work area may be grouped as one Repair Item.
6.6.3 Affected areas that are in different rooms, on separate components, require materially different preparation or arise from unrelated conditions may be counted as separate Repair Items, even if included in one Repair Request.
6.6.4 Colma will apply grouping and counting rules reasonably and consistently, having regard to the actual work required and the examples displayed on the Colma Platform or in the Plan Summary.
6.7 Plan-specific Request Limits
6.7.1 Under Care, the Annual Repair Allowance is 3 square metres. Each accepted Repair Request may include up to four Repair Items with a combined maximum Damage Area of 1 square metre. The annual maximum is three accepted Repair Requests and 12 Repair Items.
6.7.2 Under Care Plus and Total Care, each accepted Repair Request may include up to four Repair Items. The combined annual Damage Area is 3 square metres, with a maximum of three accepted Repair Requests and 12 Repair Items during the Membership Year.
6.7.3 Care does not include Paint, colour-matching products or plastering materials unless the Plan Summary expressly states otherwise. Care Plus includes standard Paint but not Plaster Repairs. Total Care includes standard Paint and eligible minor Plaster Repairs, subject to the Plan Summary.
6.7.4 A Repair Item is counted when Colma accepts it and reserves the corresponding Repair Allocation, subject to any adjustment under clauses 6.14 and 6.15.
6.8 Eligibility Assessment
6.8.1 A Repair Request may be accepted only if Colma reasonably determines that the proposed work:
(a) falls within the selected Membership Plan and relates to the correct Registered Property;
(b) is submitted after the applicable Waiting Period;
(c) is within the available Annual Repair Allowance, Repair Request limit, Repair Item limit and material inclusions;
(d) is a minor maintenance repair of a kind Colma or an appropriately qualified Service Provider can lawfully and safely perform;
(e) is not excluded under these Terms or the Plan Summary; and
(f) can reasonably be accessed, assessed and scheduled.
6.8.2 Colma may take into account whether an underlying leak, structural issue, active movement, infestation, contamination or other cause must first be investigated or rectified by an appropriately qualified person.
6.9 Assessment Process and Decision
6.9.1 Colma may assess a Repair Request using the information submitted, a telephone or video discussion, records from an earlier visit, a preliminary inspection, or a combination of these methods.
6.9.2 After assessment, Colma may:
(a) accept the Repair Request in full;
(b) accept some Repair Items and explain why others are not accepted;
(c) request further information or an inspection;
(d) propose a different repair method, grouping or Repair Allocation;
(e) defer the request until an access, safety or underlying-condition issue is addressed; or
(f) decline the request and provide a concise reason.
6.9.3 A preliminary indication is not final acceptance. Acceptance occurs when Colma issues written confirmation identifying the accepted Repair Items, estimated Repair Allocation, applicable Fee and next step.
6.10 Repair Request Fee
6.10.1 The proposed Repair Request Fee is AUD $50 for each accepted Repair Request, unless the applicable Plan Summary states another amount or that no Fee applies.
6.10.2 The Fee becomes payable only after Colma accepts or schedules the Repair Request, is disclosed before payment approval, and does not reduce the Annual Repair Allowance.
6.10.3 If Colma combines multiple submissions into one Repair Request before acceptance, only one Repair Request Fee will apply. If the Member requests separate Appointments or the work reasonably requires separate requests, additional disclosed Fees may apply.
6.11 Scheduling and Appointment Priority
6.11.1 An Appointment is confirmed only when Colma gives the Member a date or time window in writing. Requested dates and automated availability displays are provisional until confirmed.
6.11.2 Scheduling depends on the nature and location of the work, safe access, weather, drying time, materials, Service Provider availability and any required licence or specialist trade.
6.11.3 Total Care receives priority scheduling over Care and Care Plus for Repair Requests of comparable nature and urgency, subject to operational availability. Priority scheduling does not create an emergency response service or a fixed attendance time.
6.11.4 Colma will notify the Member within a reasonable period if an Appointment must be changed and will offer a reasonable alternative where practicable.
6.12 Site Assessment and Final Scope
6.12.1 Acceptance based on photographs or remote information remains subject to verification at the Property before work begins.
6.12.2 If the on-site condition materially differs from the information supplied, the Service Provider will pause and explain the issue. Colma may revise the Repair Allocation, amend the scope, quote Additional Repairs, postpone the work or withdraw acceptance where the work is unsafe, unlawful or outside the Membership Plan.
6.12.3 A material change to the scope, price, timing or Annual Repair Allowance must be documented and approved by the Member before the changed work begins, except where urgent action is separately authorised and lawful.
6.13 Member Changes and Withdrawal
6.13.1 The Member may correct or withdraw a Repair Request before acceptance without using the Annual Repair Allowance or paying the Repair Request Fee.
6.13.2 After acceptance, the Member must promptly notify Colma of a requested change. Colma will explain any effect on eligibility, Repair Allocation, Fees, materials, timing or the Appointment.
6.13.3 If the Member withdraws after materials have been specially obtained, an Appointment has been attended or work has begun, the Member may be responsible only for amounts properly disclosed or authorised and reasonably incurred, subject to applicable law and any separate cancellation terms.
6.14 Completion and Annual Repair Allowance
6.14.1 After completing the Repair Service, Colma will record the Repair Items performed and the final Repair Allocation applied to the Annual Repair Allowance.
6.14.2 If the verified work uses materially less Repair Allocation than reserved, Colma will restore the unused amount to the Annual Repair Allowance. If it requires more, Colma must obtain the Member's approval before applying the additional amount or performing work beyond the accepted scope.
6.14.3 The Member should inspect the completed work when reasonably possible and promptly tell Colma of any concern. Signing or acknowledging a completion record does not remove a non-excludable consumer right.
6.15 Cancelled, Deferred or Incomplete Work
6.15.1 A Repair Allocation will not be permanently deducted for work Colma does not perform. Any temporary reservation will be released when the request is closed, subject to work already supplied and properly recorded.
6.15.2 Where only part of an accepted Repair Request is completed, Colma will record only the Repair Items and Repair Allocation actually performed and will explain the status of the remaining work.
6.15.3 A deferred Repair Request remains subject to continuing eligibility, the Membership expiry date and any reasonable time needed to address access, safety, drying, materials or an underlying condition.
6.16 Review of a Repair Request Decision
6.16.1 A Member may ask Colma to review a declined or partially accepted Repair Request by identifying the decision and providing any additional relevant information.
6.16.2 Where practicable, the review will be conducted by a person who was not solely responsible for the original decision. Colma will provide the outcome and a concise explanation within a reasonable period.
6.16.3 This internal review process does not prevent the Member from using the complaints process or exercising any right available under applicable law.
6.17 Standard of Repair Services
6.17.1 Colma will perform, or arrange the performance of, accepted Repair Services with due care and skill, for the agreed purpose and within the agreed time or, if no time is agreed, within a reasonable time.
6.17.2 Nothing in this section excludes, restricts or modifies a non-excludable consumer right or remedy.
7. Repair Limits - Square Metres and Number of Repair Items
7.1 Purpose and Application
7.1.1 This section explains how the Annual Repair Allowance, Damage Area, Repair Allocation, number of Repair Requests and number of Repair Items are calculated and applied.
7.1.2 The limits are service limits for a prepaid maintenance membership. They define the amount and frequency of Repair Services available under the selected Membership Plan and do not represent a monetary account or cash entitlement.
7.1.3 The applicable Plan Summary must clearly state the limits for the Member's Plan. If the Plan Summary provides a more favourable limit, that more favourable limit applies for the relevant Membership Year.
7.2 Types of Limits
7.2.1 A Repair Request must remain within all applicable limits, including:
(a) the maximum number of accepted Repair Requests during the Membership Year;
(b) the maximum number of Repair Items within each Repair Request and during the Membership Year;
(c) the maximum Damage Area for a Repair Request or the Membership Year, as applicable to the selected Plan;
(d) any standard Repair Allocation for a door, frame, trim, fixture or other component-based Repair Item; and
(e) the material, preparation, access and service limits stated in the Plan Summary.
7.2.2 Satisfying one limit does not override another. A Repair Request must satisfy the available square-metre allowance, Repair Request count, Repair Item count and all other eligibility requirements.
7.3 Care Limits
7.3.1 Care provides up to three accepted Repair Requests during each Membership Year.
7.3.2 Each Care Repair Request may include a combined maximum Damage Area of 1 square metre and may contain up to four Repair Items.
7.3.3 Care has an Annual Repair Allowance of 3 square metres. The maximum annual number of Repair Items is 12. Each accepted Repair Request remains subject to the 1-square-metre limit in clause 7.3.2.
7.3.4 An unused part of the 1-square-metre limit for one completed Care Repair Request does not increase the 1-square-metre limit for another Repair Request and does not create an additional Repair Request. Any unused reserved amount is dealt with under clauses 7.12 and 7.13.
7.4 Care Plus Limits
7.4.1 Care Plus provides up to three accepted Repair Requests and a combined maximum Damage Area of 3 square metres during each Membership Year.
7.4.2 Each Care Plus Repair Request may contain up to four Repair Items. The maximum annual number of Repair Items is 12.
7.4.3 The available 3 square metres may be used across the accepted Repair Requests in different proportions, subject to the remaining Annual Repair Allowance and any per-request limit expressly stated in the Plan Summary.
7.5 Total Care Limits
7.5.1 Total Care provides up to three accepted Repair Requests and a combined maximum Damage Area of 3 square metres during each Membership Year.
7.5.2 Each Total Care Repair Request may contain up to four Repair Items. The maximum annual number of Repair Items is 12.
7.5.3 The available 3 square metres may be used across the accepted Repair Requests in different proportions, subject to the remaining Annual Repair Allowance and any per-request limit expressly stated in the Plan Summary.
7.5.4 Total Care's inclusion of eligible minor Plaster Repairs and priority scheduling does not increase the square-metre, Repair Request or Repair Item limits unless the Plan Summary expressly states otherwise.
7.6 Dividing an Allowance Between Repair Items
7.6.1 A Repair Request may divide its available Damage Area between one, two, three or four Repair Items, provided the combined measured area and number of items remain within the applicable limits.
7.6.2 Examples shown on the Colma Platform may illustrate an equal division of 1 square metre as follows:
(a) one Repair Item - up to 1 square metre;
(b) two Repair Items - approximately 0.50 square metres each;
(c) three Repair Items - approximately 0.33 square metres each; and
(d) four Repair Items - approximately 0.25 square metres each.
7.6.3 These examples explain how an allowance may be divided; they do not require an equal division. The Repair Allocation applied to each Repair Item will reflect its verified Damage Area or applicable component allocation.
7.7 Calculating Damage Area
7.7.1 Damage Area for a surface-based Repair Item is calculated in accordance with clause 6.5, ordinarily using the reasonable maximum width multiplied by the reasonable maximum height of the affected area.
7.7.2 Measurements will ordinarily be recorded to two decimal places in square metres. Colma may use reasonable rounding that is applied consistently and does not materially disadvantage the Member.
7.7.3 Where several nearby marks or defects can reasonably be prepared and repaired as one work area, the combined work area may be measured and counted as one Repair Item in accordance with clause 6.6.
7.7.4 The Damage Area is the affected area reasonably requiring repair preparation and treatment. It is not automatically the area of an entire wall, ceiling or surface merely because broader painting may be desirable for colour or appearance.
7.8 Component-based Repair Items
7.8.1 Some Repair Items, including a door, window frame, door frame, trim, fixture or other defined component, may not be appropriately assessed only by square metres.
7.8.2 The Plan Summary or a published component schedule may assign a standard Repair Allocation to a component-based Repair Item. Colma will disclose that allocation before accepting the Repair Request.
7.8.3 A standard component allocation must reasonably reflect the preparation, access and work ordinarily required for that item. If the actual work is materially different, Colma will explain and obtain approval for any revised allocation before work begins.
7.8.4 A component-based Repair Item counts toward the maximum of four Repair Items per Repair Request and 12 Repair Items per Membership Year.
7.9 Separate and Related Repair Items
7.9.1 Colma will determine the number of Repair Items reasonably and consistently by reference to the actual work required, the location and type of surfaces, the cause of the condition and the examples provided through the Colma Platform.
7.9.2 Colma may group related areas where they can reasonably be repaired as one work area. It may treat areas as separate Repair Items where they are in different rooms, on separate components, require materially different preparation or arise from unrelated conditions.
7.9.3 A Member must not intentionally divide one work area into multiple submissions or omit related areas to avoid a limit or Fee. Colma may combine such submissions before acceptance and will explain the resulting count and allocation.
7.10 Applying Limits to Multiple Properties
7.10.1 Each Registered Property has its own Membership Plan, Repair Request count, Repair Item count and Annual Repair Allowance unless a written portfolio agreement expressly states otherwise.
7.10.2 Unused Repair Requests, Repair Items or Repair Allocation assigned to one Registered Property cannot be transferred to another Property.
7.10.3 A Repair Request cannot combine Repair Items from different Registered Properties.
7.11 Reservation of Repair Allocation
7.11.1 When Colma accepts a Repair Request, it may temporarily reserve the estimated Repair Allocation and count the accepted Repair Items against the available limits.
7.11.2 A temporary reservation prevents the same allowance being committed to another Repair Request while the accepted work is pending. The Account should identify the amount available, reserved and used.
7.11.3 A preliminary submission or request for information does not reserve or use any Repair Allocation unless Colma has issued written acceptance.
7.12 Final Allocation After Completion
7.12.1 After the Repair Service, Colma will record the verified Repair Allocation and Repair Items actually completed.
7.12.2 If the completed work uses less than the reserved amount, the unused reserved amount will be released. Under Care, releasing that amount does not revive a Repair Request that has been completed or allow another Repair Request to exceed 1 square metre.
7.12.3 If the work requires more than the reserved amount, Colma must obtain the Member's approval before using additional available Repair Allocation or performing work outside the accepted scope.
7.13 Cancelled, Declined or Partially Completed Requests
7.13.1 A Repair Request that is declined before work begins does not use a Repair Request, Repair Item or Repair Allocation limit.
7.13.2 If an accepted Repair Request is cancelled or cannot proceed, Colma will release the unused reserved allocation and adjust the Repair Request and Repair Item counts to reflect work actually performed, subject to any properly disclosed cancellation terms.
7.13.3 Where only part of the work is completed, only the completed Repair Items and verified Repair Allocation are permanently recorded as used.
7.14 Annual Reset and Unused Allowance
7.14.1 Repair Request limits, Repair Item limits and Annual Repair Allowance reset at the beginning of a new Membership Year, subject to successful renewal and any applicable Waiting Period.
7.14.2 Unused Repair Requests, Repair Items and Repair Allocation expire at the end of the Membership Year and do not roll over, accumulate, convert to cash, reduce future Membership Fees or transfer to another person or Property.
7.14.3 An Appointment accepted before the end of the Membership Year but scheduled afterward will be treated in accordance with the renewal provisions and the written acceptance. Colma will not retrospectively change the applicable allowance without a reasonable basis disclosed to the Member.
7.15 Upgrades and Early Renewal
7.15.1 Before confirming a Plan upgrade, Colma will state any additional Repair Allocation, Repair Request or Repair Item entitlement, when it becomes available and any applicable Waiting Period.
7.15.2 An early renewal creates a new Annual Repair Allowance only on the date stated in the renewal confirmation. New Repair Requests using that renewed allowance are subject to the agreed three-month Waiting Period.
7.15.3 An upgrade or early renewal does not retrospectively change the allocation applied to work already completed and does not revive an expired or fully used Repair Request from the previous Plan period.
7.16 Account Information and Review
7.16.1 Colma will make reasonable information about used, reserved and available Repair Requests, Repair Items and Repair Allocation accessible through the Account or on request.
7.16.2 A Member may ask Colma to review a measurement, grouping decision, component allocation or allowance entry under the review process in clause 6.16.
7.16.3 Colma will correct a verified record error and restore any Repair Allocation or count deducted in error.
8. Early Renewal and Three-Month Waiting Period
8.1 Purpose and Relationship to Ordinary Renewal
8.1.1 This section applies where a Member elects to renew a Membership before its scheduled Renewal Date.
8.1.2 Early Renewal is a Member-initiated purchase of a new 12-month Membership Year. It is separate from an ordinary renewal at the scheduled Renewal Date and does not occur automatically merely because the Annual Repair Allowance has been used.
8.1.3 The purpose of Early Renewal is to allow a Member to begin a new Membership Year early while maintaining clear limits, payment records and a reasonable Waiting Period for the renewed Annual Repair Allowance.
8.2 Availability of Early Renewal
8.2.1 A Member may apply for Early Renewal at any time during the Membership Year through the Colma Platform or another method approved by Colma.
8.2.2 Before accepting an Early Renewal, Colma may require the Member to pay any undisputed overdue amount and to confirm how any accepted, pending or scheduled Repair Request will be treated.
8.2.3 Colma must not refuse an Early Renewal arbitrarily. If an application cannot be accepted, Colma will provide the Member with a reasonable explanation, subject to Applicable Law.
8.2.4 Early Renewal is offered for the same Registered Property. A Membership for an additional Property must be purchased and assessed separately unless a written portfolio arrangement states otherwise.
8.3 Information Required Before Confirmation
8.3.1 Before the Member confirms an Early Renewal, Colma will provide a clear renewal summary stating:
(a) the selected Membership Plan and Registered Property;
(b) the Early Renewal Fee and any other amount payable;
(c) the Early Renewal Date and the new Renewal Date;
(d) the renewed Annual Repair Allowance, Repair Request limit and Repair Item limit;
(e) the three-month Waiting Period and the date on which new Repair Requests may first be submitted using the renewed allowance;
(f) the treatment of unused, reserved and used allowance from the current Membership Year; and
(g) any applicable cooling-off, cancellation and refund terms.
8.3.2 The Member must expressly confirm the Early Renewal and authorise payment. Continued use of an existing Membership, silence or failure to respond to a reminder does not constitute acceptance of an Early Renewal.
8.4 Early Renewal Date and New Membership Year
8.4.1 The Early Renewal takes effect on the date stated in Colma's written confirmation after the required payment has been successfully processed, unless the confirmation states a later date.
8.4.2 The current Membership Year ends immediately before the Early Renewal Date. A new 12-month Membership Year begins on the Early Renewal Date and ends on the new Renewal Date stated in the confirmation.
8.4.3 The Early Renewal does not add 12 months to the former Renewal Date. It replaces the remaining part of the current Membership Year with the new Membership Year, subject to the treatment of previously accepted work under clause 8.7.
8.5 Three-Month Waiting Period
8.5.1 The renewed Annual Repair Allowance is subject to a Waiting Period of three calendar months beginning on the Early Renewal Date.
8.5.2 During that Waiting Period, the Member may access the Account and other non-repair features of the Membership but may not submit a new Repair Request using the renewed Annual Repair Allowance.
8.5.3 The renewed Annual Repair Allowance becomes available for new Repair Requests on the date falling three calendar months after the Early Renewal Date. If that date does not exist in the relevant month, availability begins on the last day of that month.
8.5.4 An Early Renewal does not shorten, remove or backdate a Waiting Period. Repeated Early Renewals do not permit the Member to avoid a Waiting Period applying to a renewed allowance.
8.5.5 Colma may provide a shorter Waiting Period only where the shorter period is clearly stated in the renewal summary or otherwise agreed in writing and is permitted by Applicable Law.
8.6 Renewed Annual Repair Allowance
8.6.1 The renewed Annual Repair Allowance, Repair Request limit and Repair Item limit are those stated for the selected Plan in the renewal summary.
8.6.2 For Care, Care Plus and Total Care, the standard renewed Annual Repair Allowance is 3 square metres, subject to the Plan-specific per-request, Repair Request and Repair Item limits in sections 2 and 7.
8.6.3 The renewed allowance is not available before the end of the Waiting Period and cannot be used retrospectively for work requested, accepted or completed before it became available.
8.6.4 A renewed allowance is a service entitlement for the Registered Property. It is not a cash balance, refund amount or transferable credit.
8.7 Existing Repair Requests and Appointments
8.7.1 Before confirming an Early Renewal, Colma will identify any accepted Repair Request or Appointment that remains incomplete and state whether it will proceed using the allowance reserved from the ending Membership Year.
8.7.2 A Repair Request accepted before the Early Renewal Date may be completed after that date using only the Repair Allocation reserved for it, provided the written acceptance remains valid and the work continues to satisfy these Terms.
8.7.3 Completing previously accepted work after the Early Renewal Date does not reduce the renewed Annual Repair Allowance unless the Member expressly approves a revised allocation from that allowance after it becomes available.
8.7.4 A preliminary submission, draft booking or request awaiting assessment before the Early Renewal Date is not carried into the new Membership Year as an accepted Repair Request. It may be resubmitted after the renewed Waiting Period and will then be assessed under the current Plan and Terms.
8.8 Unused Allowance from the Ending Membership Year
8.8.1 Except for an amount validly reserved for work under clause 8.7, unused Repair Requests, Repair Items and Repair Allocation from the ending Membership Year expire immediately before the Early Renewal Date.
8.8.2 Unused allowance does not roll over, accumulate with the renewed allowance, reduce the Early Renewal Fee, create a refund entitlement or transfer to another person or Property.
8.8.3 Colma will release any reservation that is no longer required and correct the Account record to reflect work actually completed, in accordance with sections 6 and 7.
8.9 Fees, Payments and Refunds
8.9.1 The Early Renewal Fee is the price disclosed in the renewal summary and accepted by the Member. Colma will not charge that Fee without the Member's express authorisation.
8.9.2 Unless the renewal summary expressly provides a credit, the Early Renewal Fee is not reduced because part of the ending Membership Year remains or because some allowance from that year was unused.
8.9.3 A payment failure means the Early Renewal does not take effect unless and until payment is successfully processed or Colma agrees to another arrangement in writing.
8.9.4 Any refund or credit relating to an Early Renewal is determined under the cooling-off, cancellation and refund provisions of these Terms and the Member's rights under Applicable Law.
8.10 Cooling-off and Cancellation of Early Renewal
8.10.1 Any voluntary cooling-off right for an Early Renewal is governed by section 5 and the renewal confirmation.
8.10.2 If the Member validly cancels the Early Renewal during an applicable cooling-off period before using a benefit available only under the renewed Membership, Colma will reverse the Early Renewal where reasonably practicable and apply the refund terms in section 5.
8.10.3 Reversing an Early Renewal does not revive allowance that had already expired or been used before the Early Renewal Date. Colma will explain the resulting Membership dates, allowance record and any refund calculation in writing.
8.10.4 Nothing in this section excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.
8.11 Early Renewal and Plan Changes
8.11.1 A Member may request a different Membership Plan as part of an Early Renewal. Colma will disclose the new Plan, Fee, inclusions, limits and Waiting Period before the Member confirms the change.
8.11.2 A Plan change made through Early Renewal applies only from the Early Renewal Date and does not retrospectively change the treatment of work previously requested, accepted or completed.
8.11.3 An upgrade during an existing Membership Year that does not begin a new 12-month Membership Year is governed by the Plan-change provisions and is not an Early Renewal.
8.12 Account Records and Notices
8.12.1 The Account should show the Early Renewal Date, new Renewal Date, Waiting Period end date, selected Plan and the status of the renewed Annual Repair Allowance.
8.12.2 Colma will provide the Early Renewal confirmation in a durable electronic form and retain a record of the Member's acceptance and payment authorisation.
8.12.3 The Member must review the confirmation promptly and notify Colma of any apparent error. Colma will investigate and correct a verified record or payment error within a reasonable time.
9. Exclusions
9.1 Purpose and Application
9.1.1 This section identifies work and circumstances that are outside the standard scope of the Membership Plans. It must be read with the selected Plan Summary, the Eligible Repair requirements and the repair limits in sections 2, 6 and 7.
9.1.2 A defect is not eligible merely because its visible area falls within a square-metre limit. The work must also be a minor cosmetic repair included in the selected Plan and capable of being performed safely, lawfully and with an appropriate cosmetic result.
9.1.3 These exclusions do not mean that all existing cosmetic damage is ineligible. Colma may accept an existing cosmetic defect where the underlying surface is sound, the cause is no longer active and the requested work otherwise satisfies these Terms.
9.1.4 A Plan Summary or written Repair Acceptance may expressly include an item that would otherwise fall outside the standard scope. Any such inclusion applies only to the item and conditions stated in writing.
9.2 General Scope Exclusions
9.2.1 Unless expressly included in writing, Colma does not provide:
(a) work that is not included in the Member's selected Plan;
(b) work exceeding the applicable Repair Request, Repair Item or Annual Repair Allowance limits;
(c) major renovation, reconstruction, demolition, full replacement or building rectification;
(d) emergency response, temporary make-safe work or work requiring immediate attendance;
(e) work requiring a licence, approval, certification, engineering design or specialist assessment that Colma has not expressly agreed to arrange;
(f) work that cannot be performed safely or lawfully in the conditions present at the Property; or
(g) work to personal property, furniture, appliances, vehicles, equipment or other items that do not form part of the eligible fixed surface at the Registered Property.
9.3 Structural and Major Building Work
9.3.1 Structural work and major building work are excluded. This includes work involving foundations, footings, load-bearing walls, framing, structural movement, subsidence, settlement, significant cracking, retaining structures, roof structures, major ceiling failure, waterproofing systems or any condition requiring an engineer, certifier or appropriately licensed building contractor.
9.3.2 Colma may decline or pause a Repair Request where the visible cosmetic defect may indicate an underlying structural condition. Colma may reasonably require an assessment or evidence of rectification by an appropriately qualified person before reconsidering the remaining cosmetic work.
9.4 Water, Moisture and Ongoing Causes
9.4.1 Colma does not repair an active leak, water ingress, rising damp, flooding, excessive condensation, defective waterproofing, drainage failure, rot or another ongoing source of moisture.
9.4.2 Cosmetic work affected by moisture may be postponed or declined until the underlying cause has been properly rectified, the area is dry and stable, and it is reasonable to expect the repair materials to adhere and perform as intended.
9.4.3 After the underlying cause has been rectified, the Member may submit or resubmit the remaining cosmetic defect. It will be assessed under the Plan, limits and Membership Year applying at the time of that assessment.
9.5 Mould, Asbestos and Hazardous Materials
9.5.1 Colma does not test for, disturb, remove, contain or remediate asbestos, lead-containing paint, mould, biological contamination, hazardous chemicals or any other Hazardous Material.
9.5.2 If Colma reasonably suspects a Hazardous Material, it may stop or refuse work and require testing, clearance documentation or remediation by a competent and, where required, licensed person. Colma will explain the concern and the information reasonably required before further assessment.
9.5.3 The Member must disclose any known or suspected Hazardous Material before an Appointment. Colma personnel are not required to disturb a surface or enter an area where doing so may create an unacceptable health or safety risk.
9.6 Licensed and Specialist Trades
9.6.1 Electrical, plumbing, drainage, gas, air-conditioning, refrigeration, fire-safety, roofing and other specialist-trade work is excluded unless Colma expressly agrees in writing to arrange it through an appropriately licensed or qualified provider.
9.6.2 Incidental cosmetic work does not include disconnecting, relocating, altering, penetrating or reconnecting wiring, pipes, gas services, fixtures, alarms, mechanical systems or regulated building components.
9.6.3 The Member is responsible for arranging rectification of an underlying specialist-trade issue. Colma may then assess any remaining eligible cosmetic repair separately.
9.7 Pests, Infestation and Contamination
9.7.1 Colma does not inspect for, treat or remove termites, rodents, insects, birds, animals or another infestation, and does not clean sewage, bodily fluids, animal waste or comparable biological contamination.
9.7.2 Damage associated with an active infestation or contamination is excluded until the cause has been treated and the area has been made safe by an appropriate provider. Reconstruction or replacement of substantially damaged building materials remains outside the standard Membership scope.
9.8 Unsuitable Surfaces and Materials
9.8.1 Colma may exclude work where the substrate is rotten, wet, unstable, friable, delaminating, heavily corroded, contaminated, inadequately prepared or otherwise incapable of supporting a durable minor cosmetic repair.
9.8.2 Unless expressly included in the Plan Summary or Repair Acceptance, the standard service does not include wallpaper, tiles, glass, mirrors, stone, benchtops, flooring, cabinetry, joinery, external cladding, specialist render or other non-standard surfaces and materials.
9.8.3 Normal ageing, fading, weathering, movement, shrinkage and differences arising from prior workmanship or existing finishes may affect colour, sheen, texture and visual uniformity. Colma will assess whether a localised repair can produce a reasonable cosmetic result before accepting it.
9.9 Paint and Coating Exclusions
9.9.1 Care may include eligible cosmetic painting labour, but Paint, colour-matching products and plastering materials are not included unless the Plan Summary expressly states otherwise. The Member must provide suitable Paint or approve and pay for materials quoted by Colma before work begins. Care Plus and Total Care include standard Paint selected or approved by Colma for an Eligible Repair.
9.9.2 Unless expressly stated otherwise, paint work excludes specialist, industrial, textured, decorative, metallic, heritage, fire-resistant, waterproofing and other non-standard coating systems; spray painting; extensive stripping; and remediation of widespread coating failure.
9.9.3 Repainting an entire room, elevation, façade, ceiling or wall solely to achieve complete colour or sheen uniformity is outside the standard Repair Allocation unless Colma expressly accepts that broader area or the Member approves it as separately priced Additional Repair work.
9.10 Plaster Repair Exclusions
9.10.1 Plaster repair is available only under Total Care and is limited to eligible minor, non-structural patching within the applicable Repair Item and Annual Repair Allowance limits.
9.10.2 Plaster work excludes structural cracking, sagging or unstable ceilings, full-sheet replacement, cornice replacement, extensive holes or damage, wet or mould-affected plaster, major joint failure and work requiring demolition, reconstruction, engineering or specialist remediation.
9.10.3 Care Plus may include eligible paint work to a sound surface but does not include plaster repair. Care may include eligible cosmetic painting labour, but does not include Paint, colour-matching products, plastering materials or plaster repair unless the Plan Summary expressly states otherwise.
9.11 Access, Height and Site Safety
9.11.1 Colma is not required to work where access is unsafe, obstructed or unreasonable, including in confined or concealed spaces, on fragile surfaces, near unrestrained animals, around uncontrolled occupants or hazards, or at height without suitable compliant access and fall controls.
9.11.2 Scaffolding, elevated work platforms, specialist access equipment, traffic control, isolation of services and comparable site controls are not included in the standard Membership Fee. If suitable work can be arranged, Colma will disclose any separate requirements and price before obtaining the Member's consent.
9.11.3 A temporary safety or access issue may result in postponement rather than permanent exclusion. The Member may request reassessment after the issue has been addressed.
9.12 Emergency and Major Event Work
9.12.1 The Membership is not an emergency service. Colma does not provide urgent make-safe attendance, disaster response, debris removal, contents cleaning or restoration following fire, flood, storm, cyclone, major impact or another substantial event.
9.12.2 If there is an immediate risk to people or property, the Member should contact emergency services, the relevant utility or an appropriately qualified emergency contractor. A residual minor cosmetic defect may be submitted after the Property has been made safe and the underlying cause has been rectified.
9.13 Approvals, Authority and Legal Compliance
9.13.1 Colma will not perform work that would breach Applicable Law, a safety requirement, a licence condition, a planning or heritage requirement, a body corporate rule, a lease restriction or a third party's rights.
9.13.2 The Member must obtain any owner, landlord, body corporate, building manager or regulatory approval required for the requested work, unless Colma expressly agrees in writing to obtain it.
9.13.3 Colma may request reasonable evidence of the Member's authority or an approval before commencing work.
9.14 Misuse and Inaccurate Information
9.14.1 A Member must not deliberately create, enlarge or misrepresent a defect to obtain work beyond the Membership limits, or knowingly provide materially false or misleading information about a Repair Request.
9.14.2 After a reasonable assessment, Colma may decline the affected Repair Request where a material breach of clause 9.14.1 is established. Colma will provide the reason and consider any relevant response from the Member before taking further action under these Terms.
9.15 Partial Acceptance and Additional Repair Work
9.15.1 Where a Repair Request contains both eligible and excluded work, Colma may accept the eligible portion only. The Repair Acceptance will identify the accepted scope and any excluded item or prerequisite.
9.15.2 An item declined before work is accepted does not reduce the Annual Repair Allowance. Any accepted allocation is recorded and adjusted in accordance with sections 6 and 7.
9.15.3 Colma may, but is not required to, offer excluded or excess work as a separately assessed Additional Repair. The scope, provider, price and any additional terms must be disclosed and expressly accepted before that work proceeds.
9.16 Explanation, Evidence and Reassessment
9.16.1 If Colma declines, limits or postpones a Repair Request under this section, it will give the Member a reasonable explanation identifying the relevant exclusion and, where practicable, any condition for reassessment.
9.16.2 Colma may request photographs, measurements, access information, reports, receipts, clearance documents or other information reasonably necessary to assess whether an exclusion applies. The Member is not required to obtain disproportionate evidence where the same issue can reasonably be established another way.
9.16.3 The Member may ask Colma to review the decision and provide relevant additional information. A reassessment remains subject to the selected Plan, these Terms, operational availability and Applicable Law.
9.17 Statutory Rights
9.17.1 Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
9.17.2 These exclusions define the standard Membership scope. They do not excuse Colma from exercising due care and skill in providing an accepted service or from providing an accepted service within a reasonable time where no time is agreed.
10. Paint and Colour Matching
10.1 Application and Plan Eligibility
10.1.1 This section applies to every accepted Repair Service involving Paint, whether the Paint is supplied by the Member or by Colma. It must be read with the selected Plan Summary, the Repair Acceptance and the exclusions in section 9.
10.1.2 Care may include eligible cosmetic painting labour, but Paint and colour-matching products are not included unless the Plan Summary expressly states otherwise. The Member must provide suitable Paint or approve and pay for materials quoted by Colma before work begins.
10.1.3 Care Plus and Total Care include a reasonable quantity of standard Paint selected or approved by Colma for an Eligible Repair. Premium products, specialist coatings, non-standard finishes and work outside the accepted scope may be separately priced.
10.1.4 An inclusion of Paint means the materials reasonably required for the accepted localised repair. It does not automatically include repainting an entire wall, ceiling, room, elevation or other broader surface.
10.2 Information and Samples
10.2.1 The Member must provide any information reasonably available about the existing coating, including the manufacturer, product range, colour name or code, sheen level, approximate age, application method and whether any leftover Paint is available at the Property.
10.2.2 Colma may request clear photographs, a product label, purchase record, colour schedule, sample pot, painted offcut or a small physical sample from an inconspicuous area where it can be removed safely and with the Member's consent.
10.2.3 Colours displayed in photographs, screens, digital visualisers or printed materials are indicative only because cameras, screens, printers, lighting and surrounding colours can change their appearance. Colma will not rely solely on a digital image where a more reliable identification method is reasonably available.
10.3 Colour Identification and Matching Method
10.3.1 Where the original product and colour are known and suitable, Colma will ordinarily seek to use the same manufacturer, product range, colour formula and sheen level, subject to availability and the condition of the existing surface.
10.3.2 Where those details are unknown or unavailable, Colma may use a colour card, physical sample, sample pot, retailer colour-matching service, spectrophotometer reading or another reasonable trade method to select the closest practicable standard Paint.
10.3.3 A colour name or code alone may not reproduce the existing appearance where the original product, base, tint formula, batch, sheen, age or application method differs. Colma may recommend a test patch or broader painting area where a localised result is likely to remain visibly different.
10.4 Member-Supplied Paint
10.4.1 Member-supplied Paint must be clearly identified, suitable for the substrate and location, compatible with the existing coating, within its usable shelf life, properly stored and available in sufficient quantity for preparation, application and reasonable touch-up work.
10.4.2 Colma may inspect, stir and apply a small test area before using Member-supplied Paint. Colma may decline to use Paint that is contaminated, separated beyond recovery, skinned, incorrectly labelled, unsafe, unsuitable or insufficient for the accepted work.
10.4.3 Colma is responsible for applying accepted Member-supplied Paint with due care and skill. Colma is not responsible for a colour, sheen or performance difference caused solely by the Paint being incorrectly identified, degraded, contaminated or unsuitable, where Colma could not reasonably have identified that issue before use.
10.4.4 If suitable Member-supplied Paint is unavailable, Colma may postpone the Appointment or offer to obtain suitable Paint for a disclosed additional price. No additional materials charge will be incurred without the Member's consent.
10.5 Colma-Supplied Paint
10.5.1 Where Paint is included, Colma will select a standard trade-quality product reasonably suitable for the substrate, interior or exterior location, expected use and existing coating system.
10.5.2 The Repair Acceptance may identify the proposed manufacturer, product, colour, sheen and estimated quantity. Colma may substitute a reasonably comparable product if the proposed product is unavailable, provided the substitute remains suitable and any material difference is disclosed to the Member before application.
10.5.3 Any Member request for a particular premium brand, low-VOC formulation, speciality characteristic or non-standard product is subject to availability, suitability and any additional price disclosed and accepted before purchase or use.
10.6 Nature of a Localised Paint Repair
10.6.1 Colma's standard painting service is a localised cosmetic repair. Colma will use reasonable care and skill to blend the repaired area and produce a reasonable cosmetic result when viewed in ordinary conditions from a normal viewing distance.
10.6.2 A localised repair may remain detectable. The Member acknowledges that a perfect or invisible match may not be technically achievable, particularly on aged, faded, weathered, stained, textured, glossy or previously repaired surfaces.
10.6.3 Colma must not describe a result as exact, seamless or invisible unless it has a reasonable basis for doing so. Any agreed appearance standard or broader stated purpose will be recorded in the Repair Acceptance.
10.7 Factors Affecting Colour and Appearance
10.7.1 The appearance of new and existing Paint may differ because of:
(a) fading, yellowing, chalking, staining, weathering, cleaning, smoke, moisture or normal ageing;
(b) differences in manufacturer, product range, tint formula, base, batch, opacity or pigment;
(c) the existing substrate, primer, number of coats, porosity, repairs and prior workmanship;
(d) sheen level, surface texture, roller nap, brush marks, spray pattern and application technique;
(e) wet and dry colour differences, curing time, temperature, humidity and ventilation; and
(f) natural light, artificial light, viewing angle, shadows and surrounding colours.
10.7.2 A temporary difference while Paint is drying or curing is not by itself evidence of defective work. Colma will consider the applicable product drying and curing information before assessing the final appearance.
10.8 Sheen, Texture and Application
10.8.1 Where reasonably practicable, Colma will use a sheen level and application method consistent with the surrounding surface, including an appropriate brush, roller sleeve, nap length or other tool.
10.8.2 Matching colour alone does not mean that sheen or texture will match. A different product, tool, film thickness, number of coats or prior surface preparation may remain visible under critical lighting or at an angle.
10.8.3 Colma may feather or extend the painted area within the accepted Repair Allocation where reasonably necessary to improve blending. Any material extension beyond that allocation requires the Member's approval under the variation or Additional Repair process.
10.9 Test Patches and Member Approval
10.9.1 Colma may recommend or require a test patch where the colour, sheen, compatibility or likely appearance is uncertain. The location, approximate size and treatment of the test patch will be agreed before application where reasonably practicable.
10.9.2 The Member must be given a reasonable opportunity to view a dry test patch in suitable lighting before approving broader application, unless the Member asks Colma to proceed without that step or the test is not reasonably practicable for the minor repair.
10.9.3 Member approval of a test patch confirms acceptance of its reasonably observable colour, sheen and texture for the agreed work. It does not remove Colma's obligations to exercise due care and skill or affect rights that cannot lawfully be excluded.
10.10 Broader Surface Painting
10.10.1 If Colma reasonably considers that a localised repair will not produce a reasonable cosmetic result, it may recommend painting to a natural break, corner, edge, full wall, full ceiling or another broader boundary.
10.10.2 The portion within the accepted Repair Allocation may proceed under the Membership where eligible. Any broader work outside that allocation may be offered as an Additional Repair with its scope and price disclosed in advance.
10.10.3 The Member may decline broader work. Colma may then perform only the accepted localised repair if doing so remains technically suitable, or explain why the request must be postponed or declined under section 9.
10.11 Unavailable and Non-Standard Products
10.11.1 Colma does not control manufacturer formula changes, batch variation, product discontinuation, retailer tinting tolerances or material availability.
10.11.2 If the original Paint is unavailable, Colma will discuss a reasonably suitable alternative, test patch or broader painting option with the Member before proceeding where the difference may be material.
10.11.3 Specialist, industrial, textured, decorative, metallic, heritage, fire-resistant, waterproofing and other non-standard coating systems remain excluded unless expressly included in the Plan Summary or separately accepted in writing.
10.12 Remaining Paint
10.12.1 The Repair Acceptance or Appointment record should state whether remaining Member-supplied Paint or Colma-supplied Paint purchased specifically for the Repair Service will be left at the Property, retained for an agreed future Appointment or disposed of appropriately.
10.12.2 Where Paint is left at the Property, the Member is responsible for storing it securely, upright and in accordance with the product label, away from children, ignition sources and unsuitable temperatures.
10.12.3 Retention of leftover Paint does not mean that it will remain usable or continue to match the surrounding surface at a later date.
10.13 Assessment of a Reported Mismatch
10.13.1 If the Member considers that the completed colour, sheen or texture is materially inconsistent with the Repair Acceptance, the Member should notify Colma promptly and provide reasonable access and information for assessment.
10.13.2 Colma will consider the agreed scope, any approved sample or test patch, product information, surface condition, application method, curing time and ordinary viewing conditions when assessing the result.
10.13.3 Where the accepted service has not been performed with due care and skill or does not satisfy another applicable Consumer Guarantee, Colma will provide an appropriate remedy in accordance with Applicable Law. A detectable difference that was properly disclosed and is inherent in a technically suitable localised repair is not, by itself, proof that the service was performed incorrectly.
10.14 Statutory Rights
10.14.1 Nothing in this section excludes, restricts or modifies any Consumer Guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
10.14.2 Colma remains responsible for supplying accepted painting services with due care and skill, using materials reasonably fit for their stated purpose and meeting any specific result that Colma has expressly agreed to achieve, subject to Applicable Law.
11. Property Access
11.1 Purpose and Application
11.1.1 This section applies whenever Colma or a Service Provider requires access to the Registered Property to assess, prepare, perform, inspect or document a Repair Service.
11.1.2 Access must be lawful, authorised, safe and reasonably sufficient for the accepted work. Acceptance of a Repair Request does not authorise Colma to enter the Property without the consent, notice or authority required by Applicable Law.
11.1.3 Colma is not an emergency-entry service and will not force entry, bypass a lock, enter through an unsafe route or remain at the Property after consent or lawful authority to be there has been withdrawn.
11.2 Member Authority and Required Consents
11.2.1 The Member must have authority to request the Repair Service and to permit access to the relevant areas of the Property. Colma may request reasonable evidence of ownership, management authority, agency, occupancy or consent before confirming or attending an Appointment.
11.2.2 If the Member is not the owner or lawful occupier, the Member must obtain all necessary permissions from the owner, tenant, resident, body corporate, building manager or other person whose consent is required.
11.2.3 The Member must tell Colma about any access restriction, tenancy arrangement, body corporate rule, security procedure, heritage requirement, permit or approval that may affect entry or the work.
11.2.4 Colma may contact an owner, property manager, tenant, resident or nominated representative only as reasonably necessary to verify authority, coordinate access or perform the accepted work, and subject to Colma's privacy obligations.
11.3 Rental and Occupied Properties
11.3.1 For a rented or otherwise occupied Property, the Member or managing party is responsible for arranging lawful entry and giving any notice required under the tenancy agreement and Applicable Law.
11.3.2 In Queensland, entry for repairs or maintenance will ordinarily require the applicable statutory notice unless the tenant agrees to entry at the agreed time or another lawful exception applies. Colma may request a copy or confirmation of the relevant entry notice or tenant agreement before attendance.
11.3.3 Colma does not determine disputes between an owner, property manager, tenant or resident about entry. If authority or consent is disputed, Colma may postpone the Appointment until the dispute is resolved or appropriate evidence is provided.
11.3.4 Where Applicable Law entitles an occupant to request evidence that a Service Provider has been appointed, Colma or the managing party will provide reasonable written identification or appointment evidence before entry.
11.4 Appointment Contact and Attendance
11.4.1 Before an Appointment, the Member must nominate an adult contact who can provide access, answer reasonable questions about the Property and make any permitted on-site decision. The nominated contact may be the Member, an owner, tenant, property manager, building manager or another authorised adult.
11.4.2 The Member must provide accurate contact details and promptly tell Colma if the nominated contact changes or will not be available.
11.4.3 Unless unattended access has been expressly arranged under clause 11.5, an authorised adult must be present when the Service Provider arrives and remain reasonably contactable during the Appointment.
11.4.4 Colma will use reasonable efforts to provide an arrival time or arrival window. The Member acknowledges that traffic, earlier work, weather and other operational factors may affect the estimated arrival, and Colma will provide reasonable notice of a material delay where practicable.
11.5 Unattended Access
11.5.1 Unattended access is permitted only where Colma has expressly agreed to it and the Member has provided clear written authority and lawful access instructions.
11.5.2 Before unattended access, the Member must identify the authorised areas, any alarm or lock procedure, people or animals expected to be present, areas that must not be entered, and a contact available throughout the Appointment.
11.5.3 Colma may refuse or end unattended access if instructions are unclear, authority cannot be verified, another person objects, an alarm or security issue arises, the Property appears occupied in an unexpected way, or safe entry and exit cannot be maintained.
11.5.4 Authorisation for unattended access is limited to the stated Appointment and purpose unless a broader recurring authority is expressly documented. Colma will not copy a key or disclose an access credential except as authorised and reasonably necessary for the service.
11.6 Keys, Codes and Security Information
11.6.1 Keys, fobs, alarm codes, lockbox codes, gate codes and other access credentials must be provided through a method approved by Colma and only where reasonably necessary.
11.6.2 Colma will take reasonable steps to restrict access credentials to authorised personnel, use them only for the agreed purpose and return, delete or securely dispose of them when they are no longer required, subject to Applicable Law and legitimate record-keeping needs.
11.6.3 The Member must not send sensitive access information through an unapproved public channel or place it in a Repair Request description visible to persons who do not require it.
11.6.4 A lost key, compromised code or security concern must be reported promptly. Colma will cooperate in taking reasonable steps to secure the Property and investigate the incident.
11.7 Preparing the Work Area
11.7.1 Before the Appointment, the Member must provide a reasonably clear route to the work area and remove or secure fragile, valuable, confidential or obstructing items, including furniture, artwork, electronics, personal documents and loose floor coverings.
11.7.2 Unless the Repair Acceptance states otherwise, Colma is not required to dismantle, disconnect, empty, remove or reinstall heavy furniture, appliances, fixed joinery, window furnishings, specialist equipment or items requiring more than ordinary careful movement.
11.7.3 A Service Provider may make minor reasonable adjustments to accessible lightweight items where safe to do so. The provider should return moved items to approximately their prior position when practicable, but is not required to handle an item that presents a manual-handling or damage risk.
11.7.4 The Member must disclose any known fragile surface, concealed service, access hazard or item requiring special handling before work begins.
11.8 Utilities, Amenities and Site Conditions
11.8.1 The Member must provide, where reasonably required for the accepted work, safe access to functioning electricity, water, lighting, ventilation and toilet facilities at the Property, unless the Repair Acceptance states another arrangement.
11.8.2 Colma will use utilities reasonably and only for the Repair Service. Colma is not required to use an outlet, water source, ladder, platform or other facility that appears unsafe, defective or unsuitable.
11.8.3 The Member must disclose planned utility interruptions, building works, access restrictions, lift bookings, parking limits, loading requirements and building induction procedures that may affect the Appointment.
11.9 Children, Occupants and Animals
11.9.1 The Member must ensure that children, occupants, visitors and animals do not enter the active work area or interfere with tools, materials, access routes or safety controls.
11.9.2 Animals must be disclosed before the Appointment and securely restrained or kept in a separate area before the Service Provider enters and throughout the work. A verbal assurance that an animal is friendly does not require a provider to enter where the animal is unrestrained.
11.9.3 A Service Provider may refuse entry, pause work or leave the Property if an animal, occupant or visitor creates a reasonable safety concern, including a risk of bite, collision, trip, distraction, harassment or violence.
11.9.4 Colma personnel do not supervise children, dependent persons, animals or the Property generally. The Member or responsible occupant remains responsible for appropriate supervision during the Appointment.
11.10 Safe and Reasonable Access
11.10.1 Access must be reasonably safe from the point of arrival to the work area and exit. Colma may assess risks on arrival and may require an obstruction, unsafe condition or uncontrolled hazard to be addressed before work starts or continues.
11.10.2 Colma may postpone, limit or stop work because of unsafe stairs, unstable flooring, insufficient lighting, aggressive behaviour, hazardous substances, excessive clutter, uncontrolled building work, unsafe heights, severe weather or another material risk.
11.10.3 Any requirement for scaffolding, an elevated work platform, specialist access equipment, traffic control, service isolation or another site control is governed by section 9 and must be agreed and priced separately unless expressly included.
11.10.4 A decision not to enter or continue for a genuine safety reason will not be treated as a failure to attend. Colma will explain the concern and, where practicable, what must change before reassessment.
11.11 Common Property and Managed Buildings
11.11.1 For an apartment, body corporate, retirement community, gated estate or managed building, the Member must arrange all required common-property access, visitor registration, parking, loading, lift protection, lift booking, induction and building-manager approval.
11.11.2 Colma may comply with reasonable building security and site rules that are disclosed in advance and do not prevent safe or lawful performance of the accepted work.
11.11.3 Fees imposed by a building or third party for access, parking, induction, lift use or site facilities are not included in the Membership Fee unless expressly stated. Any amount Colma proposes to pass on must be disclosed to and accepted by the Member before it is incurred where reasonably practicable.
11.12 Access Photographs and Service Records
11.12.1 Colma may take photographs or video reasonably necessary to assess the Repair Request, identify access conditions, document the work area, record progress or completion, and address a service or safety issue.
11.12.2 Colma will take reasonable steps to limit recording to relevant areas and avoid capturing identifiable people, personal photographs, documents, computer screens, security systems or unrelated possessions where practicable.
11.12.3 Service photographs and video will be handled in accordance with Colma's Privacy Policy and Applicable Law. They will not be used for advertising, social media or another unrelated purpose without any consent required by law.
11.12.4 The Member should tell Colma before the Appointment about any area where photography is restricted for a lawful privacy, safety or security reason. Colma may use an alternative record where reasonably practicable.
11.13 Failure or Delay in Providing Access
11.13.1 Access is not provided where the Service Provider cannot lawfully and safely enter, the authorised contact is absent, a required notice or consent is missing, a key or code does not work, the work area is inaccessible, or an undisclosed restriction prevents the accepted work.
11.13.2 If access is not provided, Colma will make reasonable efforts to contact the nominated person and may wait for a reasonable period having regard to the Appointment schedule and circumstances.
11.13.3 Colma may postpone or reschedule the Appointment. Any missed-access or rescheduling fee must have been clearly disclosed before the Appointment, reflect Colma's reasonable costs, and be applied consistently with Applicable Law. Colma will not impose a penalty that is disproportionate to its legitimate interests.
11.13.4 Colma will consider whether the access failure was outside the Member's reasonable control, whether adequate notice was given and whether costs were avoided before deciding any fee or other consequence.
11.13.5 A missed Appointment does not automatically reduce the Annual Repair Allowance where no Repair Service was performed. Any adjustment to an accepted Repair Allocation will be recorded in accordance with sections 6 and 7.
11.14 Damage, Security and Incident Reporting
11.14.1 The Member and Colma must promptly notify each other of any apparent property damage, missing access item, security incident, injury, aggressive conduct or other material incident arising during access or the Appointment.
11.14.2 Colma may document and investigate an incident, preserve relevant records and take reasonable immediate steps to prevent further harm. Nothing in this clause determines legal responsibility before the circumstances have been assessed.
11.14.3 Nothing in this section excludes, restricts or modifies responsibility that cannot lawfully be excluded, restricted or modified under Applicable Law.
11.15 Completion, Exit and Securing the Property
11.15.1 At the end of the Appointment, the Service Provider will take reasonable steps to leave the work area orderly, remove its tools and waste, and follow the agreed exit, alarm, key-return and lock-up instructions.
11.15.2 For unattended access, Colma should record completion and notify the nominated contact that the Service Provider has left. The Member must promptly report an apparent access or security issue.
11.15.3 Colma is not required to secure an unrelated defective lock, door, gate, alarm or access system unless that work has been separately accepted. If the Property cannot be secured as instructed, Colma will take reasonable steps to contact the nominated person and reduce immediate risk.
11.16 Statutory Rights
11.16.1 Nothing in this section authorises entry contrary to tenancy, privacy, work health and safety or other Applicable Law.
11.16.2 Nothing in this section excludes, restricts or modifies any Consumer Guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
12. Customer Responsibilities
12.1 Purpose and Fair Application
12.1.1 This section describes the Member's reasonable responsibilities when purchasing, managing and using a Membership and requesting Repair Services.
12.1.2 A Member responsibility applies only to the extent reasonably connected with the Membership or requested work. It does not transfer to the Member a duty that Applicable Law places on Colma or a Service Provider.
12.1.3 Colma will act reasonably and proportionately when responding to a failure to meet a responsibility, taking into account its seriousness, cause, effect, whether it can be corrected and any relevant circumstances outside the Member's control.
12.2 Accurate and Complete Information
12.2.1 The Member must provide information that is accurate, complete and not misleading to the best of the Member's knowledge, including information about identity, contact details, the Registered Property, authority, occupancy, Repair Items, measurements, photographs, existing conditions and access.
12.2.2 The Member must promptly correct a material error or omission after becoming aware of it. Colma may request clarification or reasonable supporting information where needed to assess eligibility, safety, scope, Fees or authority.
12.2.3 An estimate, photograph or measurement supplied honestly is not treated as a breach merely because Colma later verifies a different result.
12.3 Account and Contact Details
12.3.1 The Member must keep the Account details, email address, telephone number, billing details, nominated Property contact and communication preferences reasonably current.
12.3.2 The Member must keep login credentials secure, use reasonable care to prevent unauthorised access and notify Colma promptly of suspected Account misuse or a compromised credential.
12.3.3 The Member is responsible for activity expressly authorised through the Account. The Member is not responsible for unauthorised activity caused by Colma's security failure or another matter for which Colma is legally responsible.
12.4 Property Authority and Approvals
12.4.1 The Member must have authority to register the Property, request the work and approve the accepted scope. Where required, the Member must obtain consent from the owner, tenant, resident, property manager, body corporate, building manager or another authorised person.
12.4.2 The Member must obtain any approval, entry notice, permit or consent required for the requested work unless Colma expressly agrees in writing to obtain it.
12.4.3 The Member must promptly tell Colma if authority or consent is withdrawn, disputed or materially limited. Property access remains governed by section 11.
12.5 Selecting and Understanding the Plan
12.5.1 The Member must review the Plan Summary and select a Membership Plan reasonably suited to the Property and anticipated cosmetic-maintenance needs. Colma will provide clear material information and respond reasonably to questions before purchase.
12.5.2 The Member must review the applicable Annual Repair Allowance, Repair Request and Repair Item limits, Waiting Period, included materials, exclusions and Fees. A Plan does not make every defect or requested task eligible.
12.5.3 Care, Care Plus and Total Care each have a standard Annual Repair Allowance of 3 square metres, subject to their Plan-specific limits. Care requires the Member to provide suitable Paint or approve a materials quote unless the Plan Summary states otherwise; standard Paint is included in Care Plus and Total Care; eligible minor plaster repair is available only under Total Care.
12.6 Repair Requests
12.6.1 The Member must submit each Repair Request through an approved channel and provide the information reasonably requested in section 6, including the location, description, photographs and estimated dimensions of each Repair Item.
12.6.2 The Member must not deliberately divide, combine, enlarge, conceal or misdescribe damage to avoid the Repair Item, Repair Request or Annual Repair Allowance rules.
12.6.3 The Member must not arrange work, purchase materials or incur third-party costs on Colma's behalf without Colma's prior written authorisation.
12.6.4 The Member must review a Repair Acceptance and promptly raise an apparent error in the scope, Property, Repair Allocation, materials, contact details or Appointment information.
12.7 Existing Conditions and Ongoing Causes
12.7.1 The Member must disclose any known condition that may affect eligibility, safety or performance, including an active leak, damp, mould, asbestos, lead-containing paint, structural movement, pest activity, contamination, unstable surface or concealed service.
12.7.2 The Member is responsible for arranging appropriate rectification of an excluded underlying cause before asking Colma to reconsider the remaining cosmetic defect.
12.7.3 The Member must take reasonable steps to prevent avoidable worsening of a defect while awaiting assessment or work, but is not required to undertake unsafe work or work requiring a licensed specialist.
12.8 Access and Work-Area Preparation
12.8.1 The Member must provide lawful, authorised and reasonably safe access in accordance with section 11, including a nominated adult contact or agreed unattended-access arrangement.
12.8.2 Before the Appointment, the Member must reasonably clear the access route and work area, secure fragile or valuable items, restrain animals, supervise children and occupants, and disclose access or safety restrictions.
12.8.3 Where reasonably required for the accepted work, the Member must make safe electricity, water, lighting and ventilation available, subject to the arrangements stated in the Repair Acceptance.
12.9 Safe and Respectful Conduct
12.9.1 The Member and persons under the Member's reasonable control must treat Colma personnel and Service Providers respectfully and must not threaten, abuse, harass, discriminate against, intimidate or deliberately obstruct them.
12.9.2 The Member must follow reasonable site-safety instructions and must not interfere with tools, materials, barriers, ventilation, protective equipment or work in progress.
12.9.3 Colma may pause or end an Appointment where conduct creates a genuine safety or wellbeing risk. Colma will respond proportionately and, unless immediate action is necessary, give a reasonable opportunity to correct the issue.
12.10 Materials and Member Property
12.10.1 Where the Plan requires Member-supplied Paint or another Member-supplied item, it must satisfy section 10 and be present in sufficient quantity at the agreed time.
12.10.2 The Member must identify any item that requires special handling and must not ask a Service Provider to use unsafe, prohibited, incorrectly labelled or unsuitable material or equipment.
12.10.3 The Member remains responsible for securely storing Paint or other material left at the Property after the Appointment in accordance with its label and Applicable Law.
12.11 Appointments, Changes and Delays
12.11.1 The Member must make reasonable efforts to attend or provide agreed access at the Appointment time and notify Colma as soon as practicable if access, attendance or the Property circumstances change.
12.11.2 The Member must use the approved cancellation or rescheduling channel and provide the notice stated at booking where reasonably practicable.
12.11.3 Any cancellation, rescheduling or missed-access Fee must have been clearly disclosed, reflect reasonable costs and comply with Applicable Law. A missed Appointment does not automatically reduce the Annual Repair Allowance where no Repair Service was performed.
12.12 Fees and Payment
12.12.1 The Member must pay undisputed Fees when due using an accepted payment method and maintain a valid payment authority where required by the selected billing arrangement.
12.12.2 The Member must promptly notify Colma of an apparent billing error or genuinely disputed amount and provide reasonable information so it can be investigated. The Member is not required to pay an amount that Colma has agreed is incorrect.
12.12.3 The Member must not initiate a payment reversal dishonestly or after knowingly receiving the service without first giving Colma a reasonable opportunity to address a genuine dispute, except where immediate action is permitted by Applicable Law or the Payment Provider's rules.
12.13 Inspection and Notification After Work
12.13.1 The Member should inspect the completed work within a reasonable time and notify Colma promptly of an apparent incomplete item, material mismatch, property damage or other service concern.
12.13.2 A delay in notification may affect Colma's ability to investigate but does not, by itself, remove a right or remedy that cannot lawfully be excluded.
12.13.3 The Member must provide reasonable information and access for Colma to assess and, where appropriate, remedy an issue. Colma must not require evidence or access that is disproportionate to the issue.
12.14 Cooperation and Communication
12.14.1 The Member must communicate honestly and cooperate reasonably with eligibility, measurement, scheduling, access, safety, completion and complaint processes.
12.14.2 The Member must not impersonate another person, misuse a third party's authority, submit unlawful content or use the Colma Platform to threaten, defraud or harm another person.
12.14.3 Colma will provide reasonable assistance or an alternative communication method where a Member cannot use the standard digital process because of disability, accessibility needs or another reasonable circumstance.
12.15 Consequences of a Material Failure
12.15.1 If a Member materially fails to meet a responsibility, Colma may request correction, seek further information, postpone or limit the affected Repair Request, reschedule an Appointment or take another proportionate step permitted by these Terms.
12.15.2 Before taking an adverse step, Colma will ordinarily explain the concern and provide a reasonable opportunity to respond or correct it, unless urgent action is reasonably necessary for safety, security, unlawful conduct or prevention of material harm.
12.15.3 A consequence must be reasonably connected to the failure. Colma will not cancel unrelated benefits, retain unused allowance, impose a disproportionate Fee or avoid responsibility for its own act or omission merely because the Member breached another obligation.
12.15.4 Suspension or termination of the Membership, if applicable, must comply with the specific suspension and termination provisions of these Terms and Applicable Law.
12.16 Statutory Rights
12.16.1 Nothing in this section excludes, restricts or modifies any Consumer Guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
12.16.2 Colma remains responsible for providing accepted services with due care and skill and for complying with its own obligations under these Terms and Applicable Law.
13. Colma's Responsibilities
13.1 Purpose and Standard of Performance
13.1.1 This section describes Colma's principal responsibilities in administering a Membership and providing or arranging Repair Services accepted under these Terms.
13.1.2 Colma will perform its responsibilities honestly, reasonably, in good faith and with the due care and skill required by Applicable Law.
13.1.3 Colma's responsibilities are subject to the Membership Plan, the accepted scope of each Repair Request, lawful access, safety requirements and matters reasonably outside Colma's control, but those qualifications do not remove a responsibility that cannot lawfully be excluded, restricted or modified.
13.2 Membership Administration
13.2.1 Colma will establish and administer the Membership in accordance with the selected Plan, including recording the Registered Property, Membership Year, applicable Waiting Period, Annual Repair Allowance, Repair Request limits, Repair Allocations and Fees.
13.2.2 Colma will provide the Member with access to the applicable Plan Summary and material information about the Membership before purchase, including important inclusions, exclusions, limits, payment arrangements, renewal terms and cancellation rights.
13.2.3 Colma will maintain reasonably accurate Membership and Repair Request records and will correct a material administrative error after it is verified.
13.3 Colma Platform and Communication Channels
13.3.1 Colma will use reasonable care to operate and maintain the Colma Platform and approved communication channels used to manage the Membership, submit Repair Requests, provide notices and arrange Appointments.
13.3.2 Colma does not promise uninterrupted or error-free availability of the Colma Platform. Where a material interruption prevents a Member from taking a time-sensitive step, Colma will provide reasonable assistance or an alternative channel and will not unfairly disadvantage the Member because of a failure within Colma's reasonable control.
13.3.3 Colma will take reasonable steps to keep material Membership information presented through the Colma Platform clear, current and consistent with these Terms and the applicable Plan Summary.
13.4 Assessment of Repair Requests
13.4.1 Colma will assess each Repair Request reasonably, consistently and within a reasonable time having regard to the information available, the selected Plan, eligibility criteria, exclusions, safety, required licences, Service Area capacity and Applicable Law.
13.4.2 Colma may request information reasonably necessary to assess eligibility, scope, measurement, access, authority or safety, but will not require information that is irrelevant or disproportionate to the assessment.
13.4.3 Colma will communicate whether a Repair Request is accepted, partially accepted, requires further information or is not eligible, and will provide a meaningful reason for a partial acceptance or refusal.
13.4.4 Where practicable, Colma will give the Member a reasonable opportunity to correct missing or inaccurate information or request an internal review before a final adverse decision is made.
13.5 Repair Acceptance and Scope
13.5.1 For an accepted Repair Request, Colma will provide a Repair Acceptance identifying the Registered Property, accepted Repair Items, Repair Allocation, included materials, Member-supplied items, applicable Fees, access requirements and Appointment information then available.
13.5.2 Colma will not materially change an accepted scope without a reasonable basis and appropriate notice. Any variation requiring the Member's agreement or a written variation under Applicable Law will not proceed without that agreement or documentation.
13.5.3 If an onsite condition materially differs from the information reasonably available at assessment, Colma will explain the issue and, where practicable, offer an appropriate revised scope, rescheduling option, further assessment or refund or credit required by these Terms or Applicable Law.
13.6 Service Providers and Licensing
13.6.1 Colma will use reasonable care in selecting and engaging Service Providers who have the skills, experience and capacity reasonably required for the accepted work.
13.6.2 Where a licence, registration, permit, qualification or occupational authority is required for particular work, Colma will ensure that the person or entity contracted or assigned by Colma holds the authority required for its role and scope of work.
13.6.3 Colma will not knowingly direct a Service Provider to perform work outside the provider's lawful authority or accepted scope.
13.6.4 The engagement of a Service Provider does not remove any responsibility Colma has to the Member under these Terms or Applicable Law. Colma will remain the Member's primary contact for a concern about a Repair Service arranged by Colma.
13.7 Scheduling and Appointments
13.7.1 Colma will use reasonable efforts to offer and keep Appointments within the applicable Service Area, taking into account provider availability, the nature of the work, safe working conditions, access, weather, materials and any priority expressly included in the Plan.
13.7.2 Unless a specific time is expressly confirmed as fixed in writing, an Appointment time is an estimate rather than a promise that work will start or finish at an exact time.
13.7.3 Colma will notify the Member as soon as reasonably practicable of a material delay, cancellation or rescheduling and will offer a reasonable replacement arrangement where Colma or its Service Provider cannot attend as agreed.
13.8 Safety and Property Care
13.8.1 Colma will take reasonably practicable steps to provide and arrange Repair Services safely and in accordance with applicable work health and safety duties.
13.8.2 Colma and its Service Providers may pause, modify or stop work where a genuine safety risk, hazardous material, unlawful condition, unsuitable surface, concealed service or required specialist work is identified. Colma will explain the reason and any reasonable next step unless immediate departure is required.
13.8.3 Colma will use reasonable care to avoid unnecessary damage to the Property and Member property while performing accepted work and will take reasonable steps to leave the immediate work area in an appropriately tidy and safe condition, allowing for the nature of the work.
13.9 Materials and Workmanship
13.9.1 Colma will provide the materials expressly included in the selected Plan or Repair Acceptance and will use materials reasonably suitable for the accepted work, subject to disclosed product, colour-matching and availability limitations.
13.9.2 Colma will perform or arrange accepted Repair Services with due care and skill and in accordance with the accepted scope, lawful instructions and applicable manufacturer directions and technical requirements.
13.9.3 For localised cosmetic work, Colma will aim for a reasonable cosmetic result having regard to the age, condition, texture, existing coating, lighting, colour variation and size of the surrounding surface. This clause does not reduce any applicable Consumer Guarantee.
13.10 Information, Updates and Records
13.10.1 Colma will provide reasonably timely updates about material changes to eligibility assessment, accepted scope, Appointment arrangements, Fees and completion status.
13.10.2 Notices issued by Colma will identify the action required from the Member, any stated deadline and the reasonably foreseeable consequence of not taking that action.
13.10.3 On reasonable request, Colma will provide available records that the Member is entitled to receive under these Terms or Applicable Law, subject to lawful privacy, confidentiality and security restrictions.
13.11 Fees, Allowances and Adjustments
13.11.1 Colma will charge only Fees authorised by these Terms, the applicable Plan Summary, a Repair Acceptance or another agreement with the Member, and will disclose a proposed additional Fee before the Member becomes liable for it.
13.11.2 Colma will apply Repair Allocations and Annual Repair Allowance usage consistently with the accepted work and will not treat unperformed work as completed merely because an Appointment was booked or missed.
13.11.3 Colma will investigate a reasonably raised billing or allowance discrepancy and make any correction, refund, credit or restoration required by these Terms or Applicable Law.
13.12 Service Concerns and Remedial Action
13.12.1 Colma will maintain a reasonable process for receiving, investigating and responding to complaints and concerns about Membership administration, eligibility decisions, Service Providers and Repair Services.
13.12.2 Where a Repair Service does not comply with the accepted scope or an applicable Consumer Guarantee, Colma will provide the remedy required by Applicable Law, which may include rectification, re-performance, refund, price reduction or another available remedy depending on the circumstances.
13.12.3 Colma may reasonably request information and access needed to investigate or remedy a concern, but a Member's failure to provide one form of evidence will not automatically defeat a valid statutory right where the matter can reasonably be assessed another way.
13.13 Matters Outside Colma's Reasonable Control
13.13.1 Colma will not be responsible for delay or inability to perform to the extent caused by an event genuinely outside its reasonable control, provided Colma takes reasonable steps to minimise the effect and resumes the affected responsibility when reasonably practicable.
13.13.2 Colma will notify the Member of a material event affecting an accepted Repair Service and explain the available rescheduling, cancellation, refund or credit options required by these Terms or Applicable Law.
13.13.3 This clause does not excuse Colma from consequences caused or materially contributed to by its lack of reasonable care, inadequate planning or failure to comply with Applicable Law.
13.14 Statutory Rights and Non-Excludable Duties
13.14.1 Nothing in these Terms excludes, restricts or modifies any Consumer Guarantee, right, remedy or duty that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
13.14.2 If these Terms state a qualification, limitation, estimate, discretion or right in favour of Colma, it applies only to the extent permitted by Applicable Law and must be exercised reasonably and for a proper purpose.
13.14.3 The Member may exercise a statutory right directly against Colma where Applicable Law makes Colma responsible, including where Colma has arranged performance through a Service Provider.
14. Service Providers and Contractors
14.1 Application and Purpose
14.1.1 Colma may perform a Repair Service through its employees or engage one or more Service Providers or contractors to perform or assist with accepted work.
14.1.2 This section governs the selection, engagement, coordination and conduct of a Service Provider arranged by Colma and the Member's dealings with that provider in connection with a Repair Service.
14.1.3 A Service Provider may be an independent business rather than an employee, partner or agent of Colma. That status does not remove a responsibility Colma has to the Member under these Terms or Applicable Law.
14.2 Selection and Verification
14.2.1 Colma will use reasonable care to select Service Providers with skills, experience, capacity and business standing reasonably appropriate for the accepted work.
14.2.2 Before assigning work, Colma will conduct the checks reasonably appropriate to the provider's role, which may include identity, business registration, trade experience, references, relevant licences, qualifications, safety capability and service history.
14.2.3 Colma may rely on information and official registers reasonably believed to be current, but will take appropriate action if it becomes aware that a material credential is expired, suspended, cancelled, false or no longer suitable for the assigned work.
14.3 Licensing and Lawful Scope
14.3.1 Where Applicable Law requires a contractor, occupational, trade or other licence for the assigned work or contracting role, Colma will engage a person or entity holding the required current authority for that role and scope.
14.3.2 A Service Provider must not perform, supervise, quote for or agree to work outside the scope lawfully permitted by its licence, qualification, engagement or the Repair Acceptance.
14.3.3 If the accepted work requires a specialist or differently authorised provider, Colma may pause the work and arrange an appropriate provider, revise the scope with the Member's agreement, or decline the ineligible part in accordance with these Terms and Applicable Law.
14.4 Assignment and Substitution
14.4.1 Colma may select the Service Provider assigned to an accepted Repair Request having regard to location, availability, capability, safety, materials and the nature of the work.
14.4.2 The Member does not have a right to require a particular individual or business unless Colma has expressly agreed otherwise in writing.
14.4.3 Colma may replace an assigned Service Provider where reasonably necessary. Colma will notify the Member of a material change as soon as reasonably practicable and the replacement must satisfy the requirements applicable to the assigned work.
14.4.4 A change of Service Provider will not, by itself, reduce the Annual Repair Allowance, alter the accepted scope or create an additional Fee for the Member.
14.5 Instructions and Authority
14.5.1 Colma will provide the Service Provider with the information and instructions reasonably necessary to perform the accepted work, subject to privacy, security and access restrictions.
14.5.2 A Service Provider may give reasonable instructions about access, work-area preparation, safety and safeguarding the immediate work area, consistently with these Terms and the Repair Acceptance.
14.5.3 A Service Provider has no authority to vary the Membership, promise additional allowance, waive a Fee, approve an Early Renewal, accept unrelated work or bind Colma to a new commitment unless Colma has expressly authorised that person to do so.
14.5.4 The Member must refer a requested change to Colma. The Member should not rely on an informal statement that is clearly outside the Service Provider's assigned role or inconsistent with a written notice from Colma.
14.6 Additional or Private Work
14.6.1 A Member must not ask a Service Provider to perform additional work as part of the Membership unless Colma first assesses and accepts that work in writing.
14.6.2 Any separate work agreed directly between the Member and a Service Provider, without Colma's written involvement, is outside the Membership and is a separate arrangement between those parties.
14.6.3 Colma is not responsible for separate work merely because the person also performs Repair Services for Colma, except to the extent Colma authorised, represented, controlled or is otherwise legally responsible for that work.
14.7 Safety and Site Conduct
14.7.1 A Service Provider must comply with applicable work health and safety duties, lawful site requirements and Colma's reasonable safety procedures while performing assigned work.
14.7.2 A Service Provider may stop or postpone work where it reasonably identifies a genuine safety risk, hazardous material, unsafe access, aggressive conduct, unsuitable equipment, concealed service or work requiring a different specialist or control measure.
14.7.3 Where immediate action is not required, the Service Provider or Colma will explain the concern and any reasonable step needed before work can start or resume.
14.7.4 The engagement of a Service Provider does not transfer or eliminate a work health and safety duty that Applicable Law places on Colma, the provider, the Member or another person.
14.8 Conduct, Identification and Property Care
14.8.1 Colma will require Service Providers to behave professionally and respectfully and to avoid harassment, discrimination, threatening conduct, deliberate obstruction and unlawful activity at the Property.
14.8.2 A Service Provider must provide reasonable identification or appointment verification where requested through Colma's approved process before entering the Property.
14.8.3 A Service Provider must use reasonable care to avoid unnecessary damage, maintain reasonable security, use access items only for the authorised purpose and leave the immediate work area appropriately tidy and safe for the nature of the work.
14.8.4 The Member should promptly report a serious conduct, identity, security or property concern to Colma. Colma may remove or replace a provider while the matter is assessed where reasonably appropriate.
14.9 Materials, Tools and Work Methods
14.9.1 Unless the Repair Acceptance states otherwise, the Service Provider will supply the ordinary tools and equipment reasonably required to perform the accepted work.
14.9.2 Included materials and Member-supplied materials remain governed by section 10 and the applicable Plan Summary. A Service Provider may refuse to use a material or item reasonably considered unsafe, unlawful, incorrectly labelled, unsuitable or inconsistent with the accepted scope.
14.9.3 Subject to the accepted scope and Applicable Law, the Service Provider may select reasonable work methods and sequencing based on professional judgment, site conditions, manufacturer directions and safety requirements.
14.10 Photographs, Records and Privacy
14.10.1 A Service Provider may create photographs, measurements, completion records, safety records and notes reasonably necessary to assess, perform, verify or document the Repair Service.
14.10.2 The Service Provider must handle personal information and access information only for authorised purposes and in accordance with Colma's instructions, the Privacy Policy and Applicable Law.
14.10.3 A Service Provider must not use images of the Property, the Member or occupants for advertising, social media or another unrelated purpose without the required consent.
14.11 Fees and Direct Payments
14.11.1 Fees payable to Colma must be paid through an approved Colma payment channel. A Service Provider must not demand or collect an undisclosed Membership or Repair Request Fee from the Member on Colma's behalf.
14.11.2 The Member must not pay a Service Provider directly for accepted Membership work unless Colma has expressly instructed the Member in writing to do so.
14.11.3 An unauthorised payment or gratuity does not increase the accepted scope, Annual Repair Allowance or rights under the Membership.
14.12 Performance Concerns and Rectification
14.12.1 The Member may raise a concern about a Service Provider or Repair Service directly with Colma, even where the Service Provider is an independent business.
14.12.2 Colma will reasonably investigate a reported incomplete item, defective workmanship, material issue, property damage, misconduct or failure to follow the Repair Acceptance.
14.12.3 Colma may arrange inspection, further information, rectification, re-performance, provider replacement or another appropriate response. Any statutory remedy remains available in accordance with Applicable Law.
14.12.4 Rectification of a matter for which Colma or its Service Provider is legally responsible will not be deducted from the Member's Annual Repair Allowance or treated as a new Repair Request merely because a different provider performs it.
14.13 Provider Availability and Delays
14.13.1 Service Provider availability may vary by Service Area, trade, season, safe working conditions and the nature of the requested work.
14.13.2 If an assigned provider becomes unavailable, Colma will use reasonable efforts to arrange a suitable replacement or alternative Appointment and will notify the Member as soon as reasonably practicable of a material delay.
14.13.3 Where Colma cannot arrange an accepted Repair Service within a reasonable time, the Member retains any cancellation, refund, credit, allowance restoration or other remedy available under these Terms or Applicable Law.
14.14 Responsibility and Statutory Rights
14.14.1 Colma remains responsible for the performance of responsibilities it has accepted under these Terms and for any responsibility Applicable Law places on Colma, notwithstanding its engagement of a Service Provider.
14.14.2 Nothing in this section excludes, restricts or modifies a Consumer Guarantee, right, remedy or duty that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
14.14.3 A limitation or exclusion in this section applies only to the extent permitted by Applicable Law and must not be applied to excuse Colma's own lack of reasonable care or responsibility for an authorised Repair Service.
15. Workmanship Standards
15.1 General Standard
15.1.1 Colma will perform or arrange each accepted Repair Service with due care and skill and to the standard reasonably expected of a competent service provider experienced in the relevant type of work.
15.1.2 The Repair Service will be performed in accordance with the Repair Acceptance, these Terms, Applicable Law and any applicable manufacturer directions and technical requirements.
15.1.3 The workmanship standard is assessed having regard to the nature and limited scope of the accepted repair, the existing Property condition, the selected Plan, the information reasonably available and the result expressly agreed in writing.
15.2 Scope-Specific Standard
15.2.1 A localised Repair Service is intended to address the accepted Repair Item and is not a whole-wall, whole-room or full-surface refurbishment unless the Repair Acceptance expressly states otherwise.
15.2.2 Colma is responsible for completing the accepted scope competently. It is not required to correct unrelated deterioration, defects, previous workmanship or underlying causes outside that scope unless Colma separately accepts them.
15.2.3 A limited scope does not permit visibly careless, incomplete, unsafe or technically unsuitable work within the accepted area.
15.3 Surface Assessment and Preparation
15.3.1 Before commencing, Colma or the Service Provider will make a reasonable visual assessment of the accepted area and any condition reasonably apparent and relevant to adhesion, safety, preparation or finish.
15.3.2 Reasonable preparation for the accepted work may include cleaning, drying, light sanding, feathering edges, removing loose material, spot priming, filling eligible minor imperfections and masking adjoining surfaces, as appropriate to the Plan and Repair Acceptance.
15.3.3 Colma may pause or revise the proposed method where the surface is wet, contaminated, unstable, friable, mould-affected, affected by an active leak, suspected of containing a Hazardous Material or otherwise unsuitable for the accepted method.
15.3.4 Preparation does not include structural rectification, extensive substrate replacement or treatment of an excluded underlying cause unless expressly accepted in writing.
15.4 Application and Repair Methods
15.4.1 Colma or the Service Provider will use tools, application methods, coat thicknesses, drying periods and sequencing reasonably appropriate to the material, existing finish, accepted scope and site conditions.
15.4.2 Where reasonably practicable for a painting repair, the application method will be selected to minimise avoidable differences in texture, sheen, opacity, brush marks, roller pattern, runs, sags and visible edges.
15.4.3 Work will not be treated as complete merely because material has been applied. The accepted area must receive the preparation, application and finishing steps reasonably required for a competent result.
15.5 Materials and Compatibility
15.5.1 Materials supplied by Colma will be reasonably suitable and compatible with the accepted work, subject to the product and colour limitations stated in section 10 and the Repair Acceptance.
15.5.2 Where the Member supplies Paint or another material, Colma will use reasonable care in assessing apparent suitability but may rely on accurate product information supplied by the Member or manufacturer.
15.5.3 Colma or the Service Provider may refuse to use a material reasonably considered unsafe, degraded, contaminated, incorrectly labelled, incompatible, insufficient or otherwise unsuitable.
15.6 Reasonable Cosmetic Result
15.6.1 For localised cosmetic work, Colma will aim to achieve a neat, sound and reasonably blended result when viewed under ordinary use conditions from a normal viewing position after the material has dried or cured for the applicable period.
15.6.2 The result will be assessed having regard to the age and condition of the surrounding surface, fading, prior coatings, texture, sheen, lighting, angle of view, substrate movement, product availability and the size and position of the repair.
15.6.3 A visible difference does not, by itself, establish defective workmanship where the work was competently performed and the difference results from an inherent or disclosed limitation of localised repair.
15.6.4 This clause does not excuse an avoidable mismatch, patchiness, contamination, poor preparation, incorrect product selection or another result falling below the standard required by Applicable Law.
15.7 Colour, Sheen and Texture Variation
15.7.1 An exact colour, sheen or texture match may not be achievable where the original product, batch, application method or reliable colour information is unavailable, or where the existing surface has aged, faded, stained, yellowed or weathered.
15.7.2 Colma will follow the colour-matching and test-patch process in section 10 where reasonably practicable and will explain a material matching limitation identified before or during the work.
15.7.3 Where a satisfactory localised blend cannot reasonably be achieved, Colma may recommend a broader repaint as Additional Work. The Member is not required to accept that recommendation unless it is necessary to complete the accepted work safely or lawfully.
15.8 Plaster and Filling Work
15.8.1 Eligible minor plaster repair is available only under Total Care unless a written quote or Plan Summary states otherwise.
15.8.2 Accepted filling or minor plaster work will be finished to a reasonably even and sound surface appropriate for the agreed coating, allowing for the existing substrate and the limited repair area.
15.8.3 Minor plaster repair does not include structural cracking, ongoing movement, water-damaged substrate, extensive delamination, full-sheet replacement, asbestos-containing material or another excluded or specialist condition.
15.9 Site Conditions and Drying
15.9.1 Workmanship and drying may be affected by temperature, humidity, ventilation, moisture, weather, dust, occupancy and other site conditions.
15.9.2 Colma or the Service Provider may postpone application, extend drying time, adjust the reasonable work sequence or require ventilation where necessary for safety or an appropriate result.
15.9.3 The Member must not touch, clean, wet, load, close against, tape over or otherwise interfere with a repaired surface before the advised drying or curing period has passed.
15.10 Completion and Cleanliness
15.10.1 On completion, Colma or the Service Provider will remove ordinary work debris, masking and temporary materials generated by the accepted work and leave the immediate work area reasonably tidy and safe.
15.10.2 The Service Provider is not responsible for general household cleaning or removing pre-existing waste, contamination, furniture or stored items outside the accepted scope.
15.10.3 Tools, unused materials and access items will be handled in accordance with the Repair Acceptance, section 10 and section 11.
15.11 Inspection and Completion Record
15.11.1 Colma may inspect the work physically or through photographs, video, measurements, completion records or another reasonable method appropriate to the Repair Service.
15.11.2 The completion record may identify work performed, materials used, final Repair Allocation, apparent site conditions, Member comments and any recommended drying, care or follow-up steps.
15.11.3 A Member's signature, acknowledgement, absence or inability to inspect immediately does not remove a Consumer Guarantee or another right that cannot lawfully be excluded.
15.12 Reporting a Workmanship Concern
15.12.1 The Member should notify Colma promptly after becoming aware of an apparent workmanship concern and provide reasonable details, photographs and access where appropriate for assessment.
15.12.2 Where the appearance may change during drying or curing, Colma may reasonably ask the Member to wait until the stated period has passed before a final cosmetic assessment, unless immediate action is needed for safety or to prevent further property damage.
15.12.3 Delay in reporting may affect the available evidence or practical remedy but does not impose a fixed time bar on a statutory right.
15.13 Assessment and Rectification
15.13.1 Colma will reasonably assess whether the reported issue falls below the accepted scope, this section or an applicable Consumer Guarantee, taking into account available records, site conditions and any relevant expert information.
15.13.2 Where Colma accepts that rectification or re-performance is required, it will arrange an appropriate remedy within a reasonable time, subject to lawful access and safe working conditions.
15.13.3 Accepted rectification arising from Colma's or its Service Provider's responsibility will not reduce the Annual Repair Allowance, count as a new Repair Request or create another Repair Request Fee.
15.13.4 Colma may decline free rectification to the extent an issue was caused after completion by interference, impact, misuse, unauthorised alteration, an unresolved underlying cause or another matter for which Colma is not legally responsible, while preserving any non-excludable right.
15.14 Statutory Rights
15.14.1 Nothing in this section excludes, restricts or modifies a Consumer Guarantee, right, remedy or duty that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
15.14.2 In particular, accepted services must be provided with due care and skill, be fit for a purpose or achieve a result where required by Applicable Law, and be supplied within a reasonable time where no time is fixed.
15.14.3 If the workmanship does not meet a non-excludable standard, the remedy will be determined in accordance with Applicable Law and the nature of the failure.
16. Rescheduling
16.1 Application and Purpose
16.1.1 This section applies when the Member or Colma asks to change the date, arrival window or other material timing of a scheduled Repair Service.
16.1.2 A request to reschedule does not end the Membership or automatically withdraw the underlying Repair Request.
16.1.3 Colma and the Member must act reasonably, communicate promptly and take practical steps to minimise avoidable inconvenience and cost when an appointment needs to change.
16.2 Member Request to Reschedule
16.2.1 The Member may request a different appointment through the Colma Platform or another contact method stated in the appointment confirmation.
16.2.2 The request should be made as soon as reasonably practicable and, where possible, at least 24 hours before the scheduled arrival window.
16.2.3 The Member must provide the Repair Request reference, Property, scheduled appointment and any relevant access or timing information so that Colma can identify and process the request.
16.2.4 A requested change takes effect only when Colma confirms the revised appointment or confirms that the original appointment has been released.
16.3 Availability of a Replacement Appointment
16.3.1 Colma will use reasonable efforts to offer a replacement appointment within a reasonable time, having regard to provider availability, location, work type, materials, safe access, weather, the Member's availability and any scheduling priority attached to the selected Plan.
16.3.2 Total Care scheduling priority will apply to the search for a replacement appointment but does not create an entitlement to a particular date, time, Service Provider or immediate attendance.
16.3.3 The Member may accept or decline an offered replacement appointment. Declining an offered time does not, by itself, amount to withdrawal of the Repair Request, but the work may remain unscheduled until a mutually suitable appointment becomes available.
16.4 Late Changes and Attendance Costs
16.4.1 If the Member requests a change with less than 24 hours' notice, Colma may charge only a fee that was clearly disclosed before the appointment and is reasonably connected with cost actually or reasonably incurred because of the late change.
16.4.2 Any fee may take into account reasonable non-recoverable travel, labour allocation, parking, access, material preparation or third-party booking cost, but must not operate as a penalty or exceed the amount permitted by Applicable Law.
16.4.3 No late-change fee applies where the change is reasonably required by an emergency, an unexpected safety issue, serious illness, severe weather, lawful access restriction or another circumstance outside the Member's reasonable control, provided the Member gives notice as soon as reasonably practicable.
16.4.4 Before charging a fee, Colma will consider the notice given, the reason for the change, whether the allocated time or cost could reasonably be recovered, and the Member's history of appointment changes.
16.5 Repeated or Unreasonable Changes
16.5.1 Where the Member repeatedly changes appointments, is repeatedly unavailable or does not provide agreed access, Colma may place the Repair Request on hold until reliable access and availability are confirmed.
16.5.2 Before placing a Repair Request on hold, Colma will give a reasonable explanation and, where practicable, identify what the Member must do to resume scheduling.
16.5.3 Colma may withdraw a scheduled appointment after giving reasonable notice if the Member does not respond to reasonable confirmation requests and Colma cannot reliably verify attendance or access.
16.5.4 Any further action affecting the Repair Request or Membership must be proportionate, consistent with sections 6 and 12 and permitted by Applicable Law.
16.6 Rescheduling by Colma
16.6.1 Colma may reschedule an appointment where reasonably necessary because of provider illness or unavailability, unsafe conditions, weather, material delay, access restrictions, an earlier job running unexpectedly, an urgent operational issue or another circumstance affecting safe or practical delivery.
16.6.2 Colma will notify the Member as soon as reasonably practicable, explain the change in general terms and use reasonable efforts to offer a replacement appointment within a reasonable time.
16.6.3 Colma will take the Member's availability and any applicable Plan scheduling priority into account when arranging the replacement appointment.
16.6.4 A change made by Colma will not reduce the Annual Repair Allowance, count as a new Repair Request or create an additional Repair Request Fee or late-change fee.
16.7 Delay After Work Has Commenced
16.7.1 If an accepted Repair Service cannot safely or properly be completed during the scheduled visit, Colma may arrange a return appointment after considering drying or curing requirements, newly apparent conditions, material availability, access and the remaining accepted scope.
16.7.2 Where the return visit is required to complete work already accepted and the need was not caused by the Member, it will not be treated as a new Repair Request or create another Repair Request Fee.
16.7.3 If the delay results from an excluded condition, inaccurate material information, unavailable access or another matter attributable to the Member, Colma may apply a reasonable and previously disclosed additional charge to the extent permitted by these Terms and Applicable Law.
16.8 Materials and Third-Party Arrangements
16.8.1 The Member should tell Colma promptly if Paint, keys, access equipment, building approval or another item required for the appointment will not be available as agreed.
16.8.2 Colma will take reasonable steps to avoid or reduce a non-recoverable third-party cost when notified of a change, but does not have to absorb a cost reasonably incurred because the Member did not provide agreed notice or required items.
16.8.3 Any separate charge for materials, access equipment or third-party services must be authorised or otherwise permitted under these Terms and disclosed before it is charged, unless urgent action is reasonably necessary to protect safety or property and the law permits the charge.
16.9 Effect on Repair Allocation and Membership Year
16.9.1 Rescheduling alone does not use Repair Allocation or count a Repair Item as completed.
16.9.2 A Repair Allocation reserved for the appointment may remain reserved while a replacement appointment is being arranged, provided the reservation is shown in the Account or otherwise communicated to the Member.
16.9.3 Rescheduling does not extend the Membership Year or preserve unused Annual Repair Allowance beyond its ordinary expiry unless Colma agrees in writing or Applicable Law requires another outcome.
16.9.4 If Colma's delay makes it unreasonable or impracticable to complete an accepted Repair Service before the end of the Membership Year, Colma will provide a fair outcome having regard to the circumstances, which may include completing the accepted work after that date or restoring the affected Repair Allocation.
16.10 Weather, Safety and Property Conditions
16.10.1 Colma or the Service Provider may postpone or stop work where weather, temperature, humidity, ventilation, moisture, an unsafe surface, a Hazardous Material concern or another site condition makes the work unsafe, unlawful or technically unsuitable.
16.10.2 A weather or safety decision will be made reasonably by reference to the work, product requirements, site conditions and available information, and not merely for administrative convenience.
16.10.3 Where practicable, Colma will discuss whether another accepted task can safely proceed during the appointment before rescheduling the entire visit.
16.11 Records and Communications
16.11.1 Colma may record the original appointment, change request, reason category, notice time, communications, revised appointment and any fee or adjustment in the Account.
16.11.2 The Member should check the revised appointment confirmation and notify Colma promptly if it contains an apparent error.
16.11.3 An automated reminder does not replace a confirmed appointment or change these Terms, and failure to receive a reminder does not by itself cancel an appointment where the appointment was otherwise validly confirmed.
16.12 Statutory Rights
16.12.1 Nothing in this section excludes, restricts or modifies a Consumer Guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
16.12.2 Where no time for a Repair Service is fixed, the service must be supplied within a reasonable time as required by Applicable Law, taking into account matters including the nature of the work, weather, materials, access and the reason for any delay.
16.12.3 A term permitting Colma to reschedule, charge a fee or place a Repair Request on hold will be applied only to the extent reasonably necessary to protect legitimate operational interests and will not be applied unfairly.
17. Additional Repairs
17.1 Purpose and Application
17.1.1 This section applies where requested work falls outside the selected Plan, exceeds an available Annual Repair Allowance or another Plan limit, requires work beyond an accepted Repair Service, or is otherwise identified as an Additional Repair under these Terms.
17.1.2 An Additional Repair is separate from the Repair Allocation included in the Membership unless Colma expressly confirms in writing that a particular part is eligible under the Plan.
17.1.3 The Membership does not require the Member to purchase an Additional Repair, and Colma is not required to offer work that is unsafe, unlawful, outside its service capability or unavailable in the Service Area.
17.2 When Additional Work May Be Identified
17.2.1 Additional Repairs may be identified during assessment, scheduling, a site inspection or performance of an accepted Repair Service.
17.2.2 Examples may include work exceeding square-metre or Repair Item limits, broader surface painting, extensive preparation, excluded or specialist materials, access equipment, treatment of an underlying cause, structural or licensed work, or a separate issue requested by the Member.
17.2.3 Colma will explain, in reasonable detail, why the work is outside the Membership inclusion or accepted scope and will identify the relevant Plan limit or exclusion where practicable.
17.2.4 Identifying an Additional Repair does not retrospectively change work already accepted under the Membership, except to the extent a newly apparent condition makes that work unsafe, unlawful or technically unsuitable.
17.3 Separate Quote or Written Proposal
17.3.1 Before Additional Repairs begin, Colma will provide or arrange a written quote, proposal or other agreement stating the work, price or pricing method, materials, material assumptions, anticipated timing and any material exclusions or conditions.
17.3.2 Where a Member Rate applies, the document will state the applicable price and any conditions of that rate. A Member Rate is not represented as a fixed discount unless the amount or method has been expressly stated.
17.3.3 An estimate is not a fixed price where the document clearly states that it is an estimate, explains the basis of calculation and identifies the circumstances that may reasonably affect the final price.
17.3.4 The Member should review the proposed scope and price before authorising the work and may ask reasonable questions or request clarification.
17.4 Member Authorisation
17.4.1 Additional Repairs require the Member's express approval through the Colma Platform, signed document, email or another recorded method accepted by Colma.
17.4.2 Silence, attendance at the Property or approval of the original Repair Request does not authorise a separate charge for Additional Repairs.
17.4.3 A person at the Property may authorise Additional Repairs only if that person has actual authority from the Member and Colma reasonably accepts that authority.
17.4.4 Colma may require the Member, property owner, property manager or another authorised person to approve the work directly where authority is unclear or the work materially changes the scope or price.
17.5 No Automatic Top-Ups
17.5.1 Colma does not automatically add Repair Allocation, Repair Requests or Repair Items to a Plan when the included limits have been used.
17.5.2 The Member may consider an eligible Plan upgrade or Early Renewal in accordance with sections 2 and 8, or may accept a separate quote for Additional Repairs.
17.5.3 An upgrade or Early Renewal does not convert excluded, unsafe, structural, specialist or otherwise ineligible work into an included Repair Service unless the applicable Plan and a written Repair Acceptance expressly allow it.
17.5.4 Colma will not process an upgrade or Early Renewal merely because Additional Repairs are required without first obtaining the Member's express consent and disclosing the applicable price, commencement date and Waiting Period.
17.6 Effect on Membership Limits
17.6.1 Additional Repairs paid for under a separate agreement do not reduce the Annual Repair Allowance or count toward the Plan's Repair Request or Repair Item limits unless the written agreement expressly allocates an identified part to the Membership.
17.6.2 Where one visit includes both an accepted Repair Service and Additional Repairs, Colma will record the Membership work and separately priced work distinctly, including any Repair Allocation used.
17.6.3 Payment for Additional Repairs does not extend the Membership Year, reset Plan limits or remove a Waiting Period.
17.7 Onsite Discoveries and Variations
17.7.1 If conditions discovered onsite require a change to approved Additional Repairs, Colma will stop the affected work where reasonably practicable and provide a written variation before proceeding.
17.7.2 The variation will describe the changed work, state the requested date, identify any change to price or the pricing method, state when an additional amount is payable or a reduction is credited, and estimate any material delay.
17.7.3 The Member must approve the variation in writing before the varied work begins, except where urgent work is reasonably necessary for immediate safety or to prevent serious property damage and Applicable Law permits work to proceed without prior written approval.
17.7.4 A Service Provider must not independently expand the scope, agree a private price or request direct payment contrary to section 14.
17.8 Legal and Licensing Requirements
17.8.1 Additional Repairs remain subject to Applicable Law, licensing, contracting, safety and approval requirements, regardless of their connection with a Membership.
17.8.2 Where Queensland law requires a compliant written domestic building contract or prescribed information because of the work type or value, the required agreement and information must be provided before work starts.
17.8.3 Colma may refer, postpone or decline work requiring a licence, permit, building approval, specialist assessment or contract form that Colma or the proposed Service Provider cannot lawfully satisfy.
17.8.4 The Member is responsible for owner, body corporate, tenancy or other property approvals within the Member's control, while Colma remains responsible for approvals and occupational authorities legally required of Colma or its Service Provider.
17.9 Scheduling and Performance
17.9.1 Additional Repairs may be scheduled with an accepted Repair Service or as a separate appointment, depending on approval timing, duration, materials, provider availability, licensing and site conditions.
17.9.2 Colma will not delay an accepted Repair Service solely to pressure the Member to purchase Additional Repairs. Colma may, however, postpone the affected work where the accepted part cannot safely, lawfully or technically proceed without addressing an underlying condition.
17.9.3 Sections 11, 14, 15 and 16 apply to Additional Repairs to the extent relevant and not inconsistent with the separate written agreement.
17.10 Payment, Deposits and Records
17.10.1 The payment schedule, deposit, progress payment or completion payment for Additional Repairs will be stated in the separate written agreement and must comply with Applicable Law.
17.10.2 Colma will not charge the Member for unauthorised Additional Repairs. This does not prevent a lawful charge for work or cost expressly authorised under these Terms or reasonably required in an urgent circumstance permitted by Applicable Law.
17.10.3 Colma will provide an invoice, receipt or account record that reasonably distinguishes Additional Repairs from Membership Fees, Repair Request Fees and included Repair Services.
17.10.4 Any applicable GST, card surcharge, refund, credit or payment dispute will be handled under section 4 and the separate written agreement.
17.11 Changes, Withdrawal and Incomplete Work
17.11.1 Before work begins, the Member may ask to change or withdraw approval of Additional Repairs, subject to reasonable and disclosed cost already incurred for ordered materials, mobilisation, third-party bookings or completed preparatory work.
17.11.2 After work begins, any requested change must be documented and priced before the affected work proceeds where reasonably practicable.
17.11.3 If Additional Repairs cannot be completed, the parties will account fairly for work properly performed, materials reasonably acquired, amounts paid and any reduction or return required by the separate agreement or Applicable Law.
17.11.4 A dispute about Additional Repairs does not remove the Member's rights in relation to a separate accepted Repair Service or the continuing Membership.
17.12 Workmanship and Service Concerns
17.12.1 Additional Repairs will be performed with due care and skill and in accordance with the written scope, section 15 and Applicable Law.
17.12.2 The Member should report an apparent issue promptly and allow reasonable access for assessment, without being subject to a fixed time bar that unlawfully restricts a statutory right.
17.12.3 Rectification required because Additional Repairs did not meet an applicable standard will not be deducted from the Annual Repair Allowance or treated as a new Repair Request.
17.13 Statutory Rights
17.13.1 Nothing in this section excludes, restricts or modifies a Consumer Guarantee, right, remedy or duty that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
17.13.2 A separate quote, estimate, variation or Member Rate must not be false, misleading or applied through an unfair contract term.
17.13.3 If this section is inconsistent with a mandatory written-contract, variation, licensing or payment requirement, the mandatory requirement prevails to the extent of the inconsistency.
18. Safety and Hazardous Materials
18.1 Purpose and Application
18.1.1 This section applies to every assessment, inspection, appointment, Repair Service and Additional Repair arranged through Colma.
18.1.2 Colma, each Service Provider, the Member and every person present at the Property must comply with Applicable Law and reasonable directions intended to protect health and safety.
18.1.3 Nothing in these Terms requires Colma or a Service Provider to start or continue work that is unsafe, unlawful, technically unsuitable or outside an applicable licence, qualification, permit or authorisation.
18.2 Member Disclosure Obligations
18.2.1 Before Colma assesses or attends a Repair Request, the Member must disclose any known or reasonably suspected Hazardous Material or unsafe condition that may affect the work, access to the work area or the safety of any person.
18.2.2 Relevant matters may include asbestos or asbestos-containing material, lead-based paint, mould, biological contamination, sewage, silica or contaminated dust, hazardous chemicals, flammable substances, electrical or gas hazards, active water ingress, unstable surfaces, structural movement, fire-affected material, unsafe access, pests, animals or any other condition that may create a material health or safety risk.
18.2.3 The Member must provide any asbestos register, asbestos management plan, hazardous-material report, test result, building report, safety information, clearance certificate or other relevant document within the Member's possession or control that Colma reasonably requests.
18.2.4 The Member must promptly update Colma if the Member becomes aware of a relevant hazard after submitting the Repair Request or after an appointment has been scheduled.
18.3 Identification and Limits of Ordinary Inspection
18.3.1 The Member acknowledges that Hazardous Materials, particularly in older buildings or concealed building components, may not be identifiable from photographs, measurements or an ordinary visual inspection.
18.3.2 Unless expressly agreed in writing and lawfully provided by a suitably qualified person, Colma and its Service Providers do not provide environmental consulting, occupational hygiene, asbestos assessment, laboratory testing, engineering or specialist hazardous-material services.
18.3.3 Acceptance of a Repair Request, attendance at the Property or commencement of unaffected work does not represent that the Property or work area is free from Hazardous Materials or other safety risks.
18.4 Testing and Specialist Assessment
18.4.1 If Colma or a Service Provider knows or reasonably suspects that a Hazardous Material or unsafe condition may be present, Colma may require testing, sampling, inspection or assessment by a suitably qualified or licensed independent person before deciding whether work can proceed.
18.4.2 Colma may also require lawful isolation, containment, remediation or removal of the hazard and written evidence, including a clearance certificate where appropriate, confirming that the relevant area is safe for the proposed work.
18.4.3 Unless Colma expressly agrees otherwise in writing or Applicable Law requires another allocation of responsibility, the Member is responsible for arranging and paying for assessment, testing, remediation, removal and certification relating to a pre-existing Property condition.
18.4.4 Colma may reasonably rely on a report, certificate or information supplied by the Member or an independent specialist but does not adopt or guarantee that person's findings and remains responsible for any duty that Applicable Law places directly on Colma.
18.5 Stop-Work, Postponement and Refusal
18.5.1 Colma or a Service Provider may immediately stop, postpone, restrict or decline the affected work where a hazard is identified or reasonably suspected, required safety information is unavailable, access is unsafe, a person fails to follow a reasonable safety direction, or the work requires an unavailable specialist, licence, permit or control measure.
18.5.2 A decision under clause 18.5.1 must be made reasonably by reference to the apparent risk, available information, Applicable Law and the nature of the proposed work, and not merely for administrative convenience.
18.5.3 Where practicable, Colma will explain the reason in general terms, identify what information or action is required and consider whether an unaffected part of an accepted Repair Service can safely and lawfully proceed.
18.5.4 A reasonable safety-based stop, postponement or refusal is not a failure to provide the affected service, but Colma will provide any remedy required by Applicable Law and will deal fairly with work not performed, amounts paid and Repair Allocation reserved or used.
18.6 Immediate and Emergency Risks
18.6.1 If Colma or a Service Provider reasonably believes that a condition presents an immediate or serious risk to a person, property or the environment, the Service Provider may stop work, leave or isolate the affected area where reasonably practicable and contact Colma, emergency services, the relevant regulator, the property manager, the body corporate or another appropriate authority.
18.6.2 Colma will attempt to notify the Member before taking material action where it is safe and reasonably practicable to do so, but prior notice is not required where delay may materially increase the risk.
18.6.3 Emergency action under this section is limited to reasonable steps directed to immediate safety or preventing serious property damage. It does not authorise broader Additional Repairs without the written approval required by section 17 unless Applicable Law permits or requires otherwise.
18.7 Hazardous-Material and Specialist Work
18.7.1 Unless the applicable Plan Summary expressly states otherwise, the Membership Fee and Annual Repair Allowance do not include identifying, sampling, monitoring, containing, remediating, removing, transporting or disposing of asbestos, lead, mould, biological contamination, hazardous chemicals or other regulated material.
18.7.2 They also do not include specialist engineering, structural, electrical, gas, plumbing, occupational hygiene, air-monitoring or clearance services, or specialist equipment and controls required solely because of a Hazardous Material or unsafe pre-existing condition.
18.7.3 If Colma elects to offer any such work and may lawfully do so, it must be separately scoped, priced and authorised in writing as an Additional Repair under section 17 and performed by a person holding every required licence, qualification or authorisation.
18.7.4 A Service Provider must not privately arrange, expand or accept direct payment for hazardous-material or specialist work outside Colma's authorised process.
18.8 Requirements Before Work Resumes
18.8.1 Before suspended work resumes, the Member must, to the extent reasonably within the Member's control, arrange lawful assessment and management of the hazard, provide requested reports or clearance documentation, ensure safe and unobstructed access and obtain any required owner, landlord, property-manager or body-corporate consent.
18.8.2 Colma may conduct or arrange a further inspection and may require updated evidence where the scope, condition or safety status of the work area has materially changed.
18.8.3 Work resumes only after Colma confirms a revised appointment or otherwise confirms that the relevant safety requirements have been satisfied. Removal of a visible hazard does not oblige Colma to proceed if another material safety or legal issue remains.
18.9 Unexpected Discovery During Work
18.9.1 If a Hazardous Material or unsafe condition is discovered after work begins, the affected work may stop immediately and Colma will notify the Member as soon as reasonably practicable.
18.9.2 Colma will record, so far as reasonably practicable, the work completed, materials used, apparent condition, safety direction given and any Repair Allocation affected before work stopped.
18.9.3 The Member must not require or encourage a Service Provider or another person to disturb the affected area contrary to a safety direction or Applicable Law.
18.9.4 Any revised Repair Service, Additional Repair or variation must be separately assessed and authorised in accordance with these Terms before the affected work resumes.
18.10 Costs, Repair Allocation and Delays
18.10.1 Reasonable additional cost arising from an undisclosed, concealed or subsequently discovered Property hazard may be quoted separately, including specialist attendance, testing, disposal, required control measures, additional preparation, materials or a return visit.
18.10.2 Except for reasonable emergency action permitted by clause 18.6, Colma must disclose and obtain written authorisation for an additional charge before it is incurred. No charge may operate as a penalty or include work that was not performed.
18.10.3 Where work stops, Colma will assess the Repair Allocation fairly by reference to the eligible work actually completed and the reasonable materials and resources used. An allocation must not be treated as fully used merely because an appointment occurred.
18.10.4 Rectification required because Colma or a Service Provider failed to comply with an applicable safety or workmanship obligation will not reduce the Member's Annual Repair Allowance or create another Repair Request Fee.
18.10.5 Colma is not responsible for delay caused by required testing, regulatory action, remediation, specialist availability or a Member's failure to provide information or safe access, except to the extent the delay results from Colma's breach or Applicable Law requires another outcome.
18.11 Service Provider Responsibilities
18.11.1 A Service Provider must comply with Applicable Law, Colma's reasonable safety procedures and any applicable safe-work requirements; use appropriate equipment and personal protective equipment; and stop work where the Service Provider reasonably believes it is unsafe or unlawful to continue.
18.11.2 A Service Provider must promptly report a suspected Hazardous Material, incident, injury, near miss, uncontrolled exposure or serious site hazard to Colma and must not conceal or minimise a safety concern to continue the appointment.
18.11.3 A Service Provider must not disturb, remove, transport or dispose of a Hazardous Material unless the work is authorised by Colma and the Service Provider is properly trained, qualified, licensed and equipped to perform it lawfully.
18.12 Member and Occupant Cooperation
18.12.1 The Member must ensure, so far as reasonably within the Member's control, that occupants, visitors, children and animals remain outside any restricted work area and follow reasonable safety instructions communicated by Colma or the Service Provider.
18.12.2 The Member must not remove a safety barrier, interfere with equipment, use products or enter a restricted area contrary to a reasonable direction while work is underway or during a stated drying, curing, ventilation or isolation period.
18.12.3 If the Property is rented, managed or subject to body-corporate control, the Member remains responsible for coordinating lawful access and communicating relevant safety directions to the owner, occupant, property manager or body corporate, to the extent within the Member's authority.
18.13 Records, Notifications and Privacy
18.13.1 Colma may record safety observations, photographs, test reports, stop-work decisions, incidents, communications, clearance documents and resulting scheduling or Repair Allocation adjustments where reasonably necessary to provide the Services, comply with Applicable Law or manage a dispute.
18.13.2 Safety records and Personal Information will be collected, used, stored and disclosed in accordance with section 13, Colma's Privacy Policy and Applicable Law.
18.13.3 Nothing in these Terms prevents Colma or a Service Provider from making a notification to a regulator, emergency service, insurer, property authority or other person where the notification is required or permitted by Applicable Law.
18.14 Statutory Rights and Mandatory Duties
18.14.1 Nothing in this section excludes, restricts or modifies a Consumer Guarantee, statutory right, remedy, work health and safety duty or other obligation that cannot lawfully be excluded, restricted or modified.
18.14.2 A discretion to stop, postpone, decline or require additional safety action will be exercised only to the extent reasonably necessary to manage a legitimate health, safety, legal or technical concern and will not be applied unfairly.
18.14.3 If this section is inconsistent with a mandatory requirement under Applicable Law, including the Work Health and Safety Act 2011 (Qld), the Work Health and Safety Regulation 2011 (Qld) or applicable public-health and environmental requirements, the mandatory requirement prevails to the extent of the inconsistency.
19. Property Damage
19.1 Purpose and Application
19.1.1 This section applies where physical damage to the Property, its contents, fixtures, fittings, finishes, access areas or adjoining property is alleged to have occurred in connection with an assessment, inspection, appointment, Repair Service or Additional Repair.
19.1.2 It establishes notification, safety, evidence, assessment and response procedures. Responsibility for any Property Damage will be determined fairly by reference to the cause, the agreed work, the condition of the Property, the conduct of the parties and Applicable Law.
19.1.3 Nothing in this section limits the obligation to provide services with due care and skill or to take reasonable steps to avoid causing loss or damage.
19.2 Reasonable Care of the Property
19.2.1 Colma and each Service Provider must take reasonable care when accessing and working at the Property, including using work methods, preparation, protection and equipment reasonably appropriate to the accepted scope and known site conditions.
19.2.2 The Member must take reasonable steps within the Member's control to prepare the Property in accordance with section 12, identify fragile or valuable items, disclose relevant defects and provide safe and lawful access.
19.2.3 A Service Provider must not use the Property or the Member's items for a purpose unrelated to the accepted work without permission, except where reasonably necessary in an emergency.
19.3 Pre-Existing Conditions
19.3.1 Colma may record the apparent pre-existing condition of the work area and reasonable access route before work begins, including by notes, photographs, video, measurements or an inspection checklist.
19.3.2 Pre-existing conditions may include cracking, delamination, loose or deteriorated coatings, moisture damage, mould, corrosion, unstable substrates, prior repairs, structural movement, fragile fixtures, aged materials, concealed services or ordinary wear and tear.
19.3.3 A pre-work record assists in identifying change but is not conclusive. Colma will consider other reliable evidence supplied by the Member or Service Provider.
19.3.4 An ordinary visual inspection does not represent that concealed, latent or technically undetectable conditions do not exist.
19.4 Member Preparation and Valuable Items
19.4.1 Before the appointment, the Member must remove or secure cash, jewellery, documents, artwork, electronics, collectibles, fragile objects and other valuable or easily damaged items from the work area and reasonable access route, unless Colma agrees in writing to another arrangement.
19.4.2 Where an item cannot reasonably be moved, the Member must identify it before work begins so that appropriate access, protection or postponement can be considered.
19.4.3 The Member must not be treated as responsible merely because an item remained at the Property. Any effect of the Member's conduct will be assessed according to causation, reasonableness, the directions given and Applicable Law.
19.5 Immediate Response
19.5.1 If Property Damage occurs or is reasonably suspected during an appointment, the Service Provider must, where safe and reasonably practicable, stop the activity causing the issue, take reasonable steps to prevent further damage, preserve relevant evidence and promptly notify Colma and the Member or onsite representative.
19.5.2 Immediate action may include isolating water or power where lawfully and safely possible, protecting an exposed area, restricting access or contacting emergency services, a licensed trade, the property manager, body corporate or another appropriate person.
19.5.3 Emergency action must be proportionate to the apparent risk and does not authorise unrelated or broader Additional Repairs without the approval required under section 17, unless Applicable Law permits or requires otherwise.
19.5.4 Where an incident is notifiable under Applicable Law, Colma and the Service Provider may preserve the incident site and make the required notification before ordinary work or rectification resumes.
19.6 Notification by the Member
19.6.1 The Member should notify Colma as soon as reasonably practicable after becoming aware of alleged Property Damage and provide enough information for Colma to identify the Property, appointment, affected area and apparent issue.
19.6.2 The Member should take reasonable steps to prevent avoidable further damage and preserve the affected area and relevant items, except where urgent action is reasonably necessary for safety or property preservation.
19.6.3 A delayed notification does not automatically remove a statutory right or remedy. Colma may consider whether delay materially affected the evidence, increased the damage or prevented a reasonable opportunity to inspect or rectify.
19.7 Evidence and Access
19.7.1 Colma may reasonably request photographs, video, receipts, ownership information, condition reports, repair quotations, specialist reports, witness details or other information relevant to the alleged Property Damage.
19.7.2 The Member must provide reasonable access for inspection, assessment, testing or proposed rectification at a mutually reasonable time, subject to lawful entry requirements and any urgent safety restriction.
19.7.3 Colma will not require evidence that is disproportionate to the nature or value of the issue and will take reasonable account of information already available through the Colma Platform or Service Provider.
19.7.4 Neither party may knowingly alter, conceal, destroy or misrepresent material evidence relevant to the issue, subject to urgent safety and property-preservation needs.
19.8 Assessment and Investigation
19.8.1 Colma will assess a reported issue within a reasonable time having regard to urgency, safety, access, evidence, specialist availability and the nature of the alleged damage.
19.8.2 The assessment may consider the accepted scope, work records, pre-existing condition, product requirements, Service Provider account, Member information, photographs, timing, causation and whether another person or event may have contributed.
19.8.3 Colma may arrange an inspection or independent specialist assessment where reasonably necessary. The party responsible for its cost will be determined under the written agreement or Applicable Law after considering the outcome and circumstances.
19.8.4 Colma will communicate the outcome in reasonable detail, including whether further information, temporary action, rectification, another remedy or dispute review is proposed.
19.9 Damage Caused by Colma or a Service Provider
19.9.1 Where Property Damage results from a failure by Colma or a Service Provider to exercise due care and skill, comply with the accepted scope or take reasonable precautions, Colma will provide or arrange an appropriate remedy as required by Applicable Law.
19.9.2 Depending on the circumstances, the remedy may include reasonable temporary protection, cleaning, repair, rectification, restoration, replacement, reimbursement of reasonable cost or another outcome agreed with the Member or required by Applicable Law.
19.9.3 Colma may select a reasonable method of rectification after consulting the Member, provided the method is lawful, technically appropriate, proportionate and does not reduce a non-excludable right or remedy.
19.9.4 Rectification or other work required because of Colma's or a Service Provider's responsibility will not reduce the Member's Annual Repair Allowance, count as a new Repair Request or create another Repair Request Fee.
19.10 Damage Not Caused by Colma or a Service Provider
19.10.1 Colma is not responsible for Property Damage to the extent it was caused by a pre-existing defect, concealed condition, structural movement, Hazardous Material, ordinary deterioration, weather event, pest, animal, occupant, third party or Member act or omission and not by a failure of Colma or a Service Provider.
19.10.2 Colma may stop or postpone affected work and may offer a separately priced Additional Repair or refer the Member to an appropriate specialist, subject to sections 17 and 18.
19.10.3 This clause will not be applied where Colma or a Service Provider knew or reasonably should have known of a condition and failed to take reasonable precautions, warn the Member or stop work as required by Applicable Law.
19.11 Shared or Uncertain Causes
19.11.1 Where the alleged Property Damage has more than one cause or responsibility is uncertain, Colma will assess the available evidence fairly and will not reject the issue solely because another person or pre-existing condition may also have contributed.
19.11.2 Any allocation of responsibility will reflect the extent to which each act, omission or condition caused or increased the Property Damage, subject to Applicable Law.
19.11.3 Colma may propose interim action without admitting final responsibility where reasonably necessary to address safety or prevent further damage.
19.12 Rectification and Third-Party Work
19.12.1 Before engaging another contractor for non-urgent rectification, the Member should give Colma a reasonable opportunity to inspect and propose an appropriate response.
19.12.2 Clause 19.12.1 does not require the Member to delay urgent work reasonably necessary for safety, habitability or prevention of further damage, or to accept rectification by Colma where Applicable Law permits the Member to choose another remedy.
19.12.3 If the Member arranges third-party work, Colma may request the scope, photographs, invoices and evidence of payment reasonably necessary to assess causation, reasonableness and the amount sought.
19.12.4 Colma is not responsible for additional damage caused by unauthorised third-party work after the original incident, except to the extent Colma's conduct made that work reasonably necessary or Applicable Law provides otherwise.
19.13 Betterment, Matching and Existing Condition
19.13.1 A proposed rectification should, so far as reasonably practicable, restore the affected item or area to the condition it would have been in had the relevant Property Damage not occurred, taking account of its age, condition and remaining useful life.
19.13.2 Colma is not required to improve unaffected areas or provide an upgrade unrelated to the Property Damage, unless this is reasonably necessary to achieve a compliant repair or Applicable Law requires another result.
19.13.3 Where an exact cosmetic match is not reasonably achievable because of age, fading, batch variation, discontinued products, substrate condition or the localised nature of the work, Colma will discuss reasonable options consistently with sections 10 and 15 and the Member's statutory rights.
19.14 Member Property, Keys and Access Items
19.14.1 Loss of or damage to keys, access cards, remotes, alarm devices or other Member items entrusted to Colma will be assessed under this section and section 11.
19.14.2 Colma will take reasonable steps to secure entrusted access items, limit their use to authorised purposes and notify the Member promptly of an apparent loss, unauthorised use or damage.
19.14.3 Reasonable security action following loss of an entrusted access item may include cancellation, reprogramming, replacement or another proportionate measure, having regard to the circumstances and Applicable Law.
19.15 Insurance and Other Recovery Processes
19.15.1 The Membership is not an insurance product and does not reimburse the Member merely because Property Damage has occurred.
19.15.2 Colma may hold business or contractor insurance and may notify or cooperate with an insurer where relevant. The existence, absence or decision of an insurer does not determine or remove a right or responsibility arising under these Terms or Applicable Law.
19.15.3 The Member must not be required to pursue a home, landlord, strata or other insurer before raising an issue with Colma, although the parties may reasonably coordinate overlapping recovery processes to avoid duplicate recovery for the same loss.
19.16 Records, Privacy and Communications
19.16.1 Colma may keep incident reports, photographs, video, communications, work records, quotations, invoices, specialist reports and outcome records where reasonably necessary to investigate, respond, comply with Applicable Law or manage a dispute.
19.16.2 Personal Information and incident records will be handled in accordance with section 13, Colma's Privacy Policy and Applicable Law.
19.16.3 A Service Provider must refer material Property Damage communications and proposed remedies to Colma and must not privately settle the issue, request direct payment or make an unauthorised admission on Colma's behalf.
19.17 Complaints and Statutory Rights
19.17.1 If the Member disagrees with an assessment or proposed response, the Member may use Colma's complaint and dispute process and any external right or remedy available under Applicable Law.
19.17.2 Nothing in this section excludes, restricts or modifies a Consumer Guarantee or any right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other Applicable Law.
19.17.3 No notification period, inspection requirement, rectification opportunity, evidence request, insurance process or allocation provision in this section operates as an absolute bar to a statutory right or remedy.
20. Consumer Guarantees and Warranties
20.1 Purpose and Application
20.1.1 This section explains the Consumer Guarantees that may apply to the Services and the treatment of any additional written warranty or product warranty connected with a Repair Service or Additional Repair.
20.1.2 Consumer Guarantees arise automatically under Applicable Law and are separate from any voluntary warranty, workmanship promise, manufacturer warranty or other additional commitment.
20.1.3 Nothing in these Terms represents the Membership as an insurance product, extended warranty or arrangement for reimbursement merely because a defect, deterioration or Property Damage has occurred.
20.2 Consumer Guarantees for Services
20.2.1 Where the Australian Consumer Law applies, Colma will provide the Services with due care and skill.
20.2.2 Where the Member makes a particular purpose or desired result known and relies on Colma's skill or judgment, the Services must be reasonably fit for that purpose or reasonably capable of achieving that result, except to the extent permitted by Applicable Law.
20.2.3 Where no time for supply is fixed by these Terms or otherwise agreed, the Services must be supplied within a reasonable time.
20.2.4 The application and remedy for a Consumer Guarantee depend on the circumstances, including whether the Member acquired the relevant service as a consumer within the meaning of Applicable Law.
20.3 Consumer Guarantees for Goods and Materials
20.3.1 Goods or materials supplied in connection with the Services may be subject to Consumer Guarantees, including acceptable quality, fitness for a disclosed purpose, correspondence with description and any applicable express warranty.
20.3.2 Colma remains responsible for obligations imposed on it as a supplier and will not require the Member to deal only with a manufacturer or distributor where the Member has a right against Colma under Applicable Law.
20.3.3 The Member must use and care for supplied goods, coatings and repaired surfaces in accordance with reasonable instructions, including drying, curing, ventilation, cleaning and maintenance guidance.
20.4 No General Voluntary Warranty Unless Expressly Stated
20.4.1 Except for Consumer Guarantees and another obligation imposed by Applicable Law, Colma does not provide a separate voluntary warranty merely because a Membership, Repair Acceptance, invoice, completion record or these Terms have been issued.
20.4.2 Any voluntary warranty offered by Colma must be expressly identified in writing as a warranty, state its duration and scope, identify the person giving it and explain the process for requesting assistance.
20.4.3 General marketing language, photographs, examples, estimated durability, ordinary workmanship descriptions or statements of intention do not create an additional warranty unless the statement reasonably has that legal effect under Applicable Law.
20.4.4 Colma will not describe a benefit as guaranteed, lifetime, permanent, maintenance-free or equivalent unless the statement is accurate, substantiated and accompanied by every disclosure required by Applicable Law.
20.5 Warranties Against Defects
20.5.1 If Colma provides a written warranty against defects, the warranty document must comply with the Australian Consumer Law and the Competition and Consumer Regulations 2010 (Cth), including any prescribed information and mandatory wording applicable to the relevant goods or services.
20.5.2 A warranty against defects is additional to, and does not replace, exclude or reduce, any Consumer Guarantee.
20.5.3 Colma will honour a warranty it validly gives in accordance with its stated terms and Applicable Law.
20.5.4 No Service Provider may give, vary or extend a warranty on Colma's behalf without actual written authority from Colma.
20.6 Manufacturer and Third-Party Warranties
20.6.1 Paint, coating products, sealants, hardware or other materials may be accompanied by a warranty from their manufacturer or another supplier.
20.6.2 Where reasonably available, Colma will provide or identify relevant warranty information supplied with the product and reasonable proof of purchase needed to approach the warranty provider.
20.6.3 A third-party warranty is given by the identified third party and is subject to its lawful terms. Colma does not adopt that warranty as its own unless expressly stated in writing.
20.6.4 A third-party warranty does not remove any right the Member has directly against Colma or another supplier under Applicable Law.
20.7 Workmanship and Cosmetic Outcomes
20.7.1 Workmanship will be assessed in accordance with section 15, the accepted scope, reasonable industry practice, applicable product requirements and Applicable Law.
20.7.2 Localised painting and minor repair may remain reasonably visible because of age, fading, sheen, texture, substrate condition, lighting, previous coatings, product batch variation or the limited size of the accepted work.
20.7.3 Those inherent limitations do not excuse defective preparation, application, materials or workmanship and do not reduce a Consumer Guarantee.
20.7.4 Colma does not promise an exact colour, texture, sheen or invisible finish unless that result is expressly included in a written scope and is reasonably achievable.
20.8 Durability and Future Deterioration
20.8.1 The durability of a Repair Service depends on matters including substrate condition, moisture, movement, ventilation, exposure, product selection, preparation, use, cleaning, maintenance and conditions disclosed or discovered at the Property.
20.8.2 Unless expressly stated in a compliant written warranty, Colma does not promise that a Repair Service will remain unchanged for a fixed period or prevent recurrence of an underlying condition that was outside the accepted scope.
20.8.3 This clause does not permit Colma to avoid responsibility where premature failure results from a failure to provide the Services with due care and skill, use suitable materials or comply with the accepted scope.
20.9 Excluded Causes and Member Conduct
20.9.1 A voluntary warranty may lawfully exclude an issue to the extent caused by misuse, impact, unauthorised alteration, failure to follow reasonable aftercare instructions, a new leak, structural movement, Hazardous Material, pest activity, abnormal conditions or work performed by another person after completion.
20.9.2 An exclusion will not be applied where the identified cause did not materially contribute to the reported issue or where doing so would restrict a Consumer Guarantee or other non-excludable right.
20.9.3 Ordinary use of the Property, reasonable cleaning or a Member's failure to perform an undisclosed requirement does not by itself justify refusal of an otherwise valid remedy.
20.10 Reporting a Service or Product Concern
20.10.1 The Member should notify Colma promptly after noticing an apparent issue and provide reasonable information identifying the Property, Repair Service, affected area, date noticed and nature of the concern.
20.10.2 Colma may reasonably request photographs, video, access, product information, maintenance history or other evidence relevant to assessment.
20.10.3 No fixed reporting period in a voluntary warranty or operational process operates as an absolute bar to a Consumer Guarantee or other statutory right that continues beyond that period.
20.10.4 Colma will not require the Member to use insurance terminology or submit an insurance-style claim. The issue will be managed as a workmanship, product, Repair Service or complaint matter, as applicable.
20.11 Inspection and Assessment
20.11.1 The Member must provide reasonable access for Colma, a Service Provider or an appropriate specialist to inspect the reported issue, subject to lawful entry requirements and reasonable scheduling.
20.11.2 Colma will assess the concern within a reasonable time having regard to urgency, evidence, access, drying or curing periods, product advice and specialist availability.
20.11.3 Colma may consider the accepted scope, completion record, pre-existing condition, photographs, product requirements, aftercare, later events and whether another person altered the work.
20.11.4 An inspection or investigation must not be used to impose an unreasonable barrier to a remedy required by Applicable Law.
20.12 Remedies
20.12.1 If a Service or supplied item does not meet an applicable Consumer Guarantee, the Member is entitled to the remedy required by the Australian Consumer Law, having regard to the nature and seriousness of the failure.
20.12.2 A remedy may include rectification, resupply of the service, repair, replacement, refund, cancellation, reimbursement of reasonable cost or recovery for reasonably foreseeable loss or damage, where available under Applicable Law.
20.12.3 Colma may offer to rectify a problem within a reasonable time where the Australian Consumer Law permits Colma that opportunity. Nothing requires the Member to accept repeated unsuccessful rectification or a remedy inconsistent with Applicable Law.
20.12.4 Work performed to satisfy a remedy arising from Colma's or a Service Provider's failure will not reduce the Annual Repair Allowance, count as a new Repair Request or create another Repair Request Fee.
20.13 Additional Work During Rectification
20.13.1 Rectification is limited to work reasonably necessary to address the identified failure and does not automatically include unrelated improvements, broader renovation or treatment of an independent underlying condition.
20.13.2 If separate Additional Repairs are requested or required, Colma must distinguish them from rectification and obtain the written approval required under section 17 before charging for that work.
20.13.3 Colma must not make a remedy conditional on the Member purchasing an upgrade, Early Renewal, Additional Repair or other service.
20.14 Transfer, Property Sale and Membership End
20.14.1 Ending or not renewing a Membership does not remove a Consumer Guarantee or other accrued statutory right relating to Services already supplied.
20.14.2 Transfer of a voluntary warranty to a purchaser or later occupier depends on the express written warranty terms and Applicable Law.
20.14.3 Colma may reasonably request evidence of the relevant Repair Service, Property ownership or authority before discussing records or providing access to Personal Information to a person who is not the original Member.
20.15 Records and Representations
20.15.1 Colma may retain Repair Acceptances, completion records, product details, warranty documents, photographs, communications, assessment findings and remedy records in accordance with section 13 and Applicable Law.
20.15.2 Plan Summaries, the Colma Platform, marketing materials, quotes, invoices and Service Provider communications must not falsely represent the existence, duration, scope or effect of a warranty or Consumer Guarantee.
20.15.3 Where a statement conflicts with a mandatory Consumer Guarantee, the Consumer Guarantee and the remedy required by Applicable Law prevail.
20.16 Statutory Rights
20.16.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Member may be entitled to cancel the service contract and obtain a refund for the unused portion, or to compensation for its reduced value. The Member may also be entitled to compensation for other reasonably foreseeable loss or damage. Where the failure is not major, the Member may be entitled to have the problem rectified within a reasonable time and, if that is not done, to cancel the contract and obtain a refund for the unused portion.
20.16.2 Clause 20.16.1 is intended to summarise statutory rights and does not limit the full operation of the Australian Consumer Law. Any mandatory wording required for a warranty against defects will also be included in the relevant warranty document.
20.16.3 Nothing in these Terms excludes, restricts or modifies a Consumer Guarantee or any other right or remedy that cannot lawfully be excluded, restricted or modified.
21. Liability
21.1 Purpose and Application
21.1.1 This section allocates responsibility for loss, damage, cost, expense, injury or other liability arising in connection with the Membership, Services, Colma Platform, Repair Services and Additional Repairs.
21.1.2 It must be read with sections 15, 18, 19 and 20 and is subject to every right, remedy and duty that cannot lawfully be excluded, restricted or modified.
21.1.3 Responsibility will be determined according to the acts, omissions, causation, foreseeability, agreed scope, available evidence and Applicable Law, rather than solely by the fact that an incident occurred during a Membership or appointment.
21.2 Colma's Responsibility
21.2.1 Colma is responsible to the extent that loss or damage is caused by Colma's breach of these Terms, negligence, failure to comply with a Consumer Guarantee or other act or omission for which Colma is legally responsible.
21.2.2 Where Colma contracts with the Member as principal for a Repair Service, Colma remains responsible for the performance of that contractual obligation even if Colma engages a Service Provider to perform some or all of the work.
21.2.3 Where Applicable Law or a separate written agreement lawfully establishes a different contractual role for Colma, Colma will clearly disclose that role before the relevant service is accepted and remains responsible for its own acts, omissions and non-excludable duties.
21.2.4 Colma does not avoid responsibility merely because a Service Provider, subcontractor, Payment Provider, platform provider or other person was involved.
21.3 Service Provider Conduct
21.3.1 A Service Provider must perform authorised work with due care and skill, within the accepted scope and in accordance with Applicable Law, Colma's reasonable procedures and any required licence or authorisation.
21.3.2 Colma will assess conduct by a Service Provider under sections 14, 15, 18, 19 and 20 and will provide any remedy for which Colma is responsible under these Terms or Applicable Law.
21.3.3 A Member is not required to pursue a Service Provider personally before raising an issue with Colma where Colma contracted to provide the relevant service.
21.3.4 A private arrangement made contrary to section 14 may fall outside the Services, but this does not remove responsibility for conduct that Colma authorised, represented as part of the Services or is otherwise legally responsible for.
21.4 Member Responsibility
21.4.1 The Member is responsible to the extent that loss or damage is caused by the Member's breach of these Terms, negligence, unlawful conduct or failure to take reasonable steps within the Member's control.
21.4.2 Relevant matters may include knowingly providing materially false information, failing to disclose a known serious hazard, denying agreed safe access, interfering with work or safety controls, directing unauthorised work, or failing to follow a reasonable instruction intended to prevent imminent damage.
21.4.3 The Member is not responsible for an act or omission of an owner, occupant, property manager, body corporate, visitor or other person merely because that person is connected with the Property. Responsibility depends on the Member's authority, knowledge, control, conduct and Applicable Law.
21.4.4 The Member will not be responsible to the extent that Colma or a Service Provider caused or contributed to the loss or failed to take reasonable steps to avoid or reduce it.
21.5 Pre-Existing and Unrelated Conditions
21.5.1 Colma is not responsible merely because a pre-existing defect, concealed condition, Hazardous Material, structural movement, active leak, ordinary deterioration, weather event, pest, animal or third-party act becomes apparent during or after a Service.
21.5.2 Clause 21.5.1 does not apply to the extent that Colma or a Service Provider caused the condition, worsened it through a failure to exercise due care and skill, or knew or reasonably should have known that work could not safely or properly proceed without warning the Member or taking reasonable precautions.
21.5.3 Treatment of an underlying or unrelated condition may be declined, referred to a specialist or offered as a separately authorised Additional Repair under sections 17 and 18.
21.6 Types of Recoverable Loss
21.6.1 Where a party is legally responsible, recoverable loss may include reasonable rectification cost, damage to property, additional service cost, loss of use and other loss or damage available under Applicable Law.
21.6.2 Under the Australian Consumer Law, a consumer may be entitled to recover loss or damage that was reasonably foreseeable as a result of a failure to comply with a Consumer Guarantee.
21.6.3 No provision excluding indirect, consequential, special or economic loss will apply to the extent it would exclude reasonably foreseeable loss or another remedy available under Applicable Law.
21.6.4 A person cannot recover more than once for the same loss, but may pursue different responsible persons or available processes until the loss has been lawfully resolved.
21.7 Remote, Speculative and Avoidable Loss
21.7.1 To the extent permitted by Applicable Law, neither party is responsible for loss that is too remote, was not caused by that party, is purely speculative or could not reasonably have been foreseen in the circumstances.
21.7.2 A person seeking a remedy must take reasonable steps to avoid or reduce further loss after becoming aware of a problem, provided this does not require unsafe action, unreasonable expense or surrender of a statutory right.
21.7.3 Any reduction for failure to take reasonable steps will be limited to the loss that the failure actually and materially increased.
21.8 Business and Special-Purpose Loss
21.8.1 The Member must tell Colma before a Repair Service is accepted if delay, loss of access or failure of the work may create an unusual or substantial business, rental, relocation or other special-purpose loss not ordinarily apparent from the Repair Request.
21.8.2 Disclosure allows Colma to consider scope, timing, suitability, controls and whether a separate written arrangement is required. It does not automatically make Colma responsible for every disclosed amount.
21.8.3 To the extent permitted by Applicable Law, Colma is not responsible for unusual special-purpose loss that was not disclosed and could not otherwise reasonably have been foreseen when the relevant service was accepted.
21.8.4 Nothing in this clause excludes a right available to a consumer or small business under mandatory law.
21.9 Colma Platform and Communications
21.9.1 Colma will take reasonable steps to operate the Colma Platform and protect information in accordance with these Terms and Applicable Law, but does not promise continuous or error-free availability.
21.9.2 Colma is responsible to the extent loss is caused by its breach, negligence, misleading representation, failure to comply with privacy or data-security obligations, or another matter for which liability cannot lawfully be excluded.
21.9.3 Colma is not responsible for an outage, delay, transmission failure or unauthorised access solely caused by the Member's device, network, compromised credentials, failure to use reasonable security measures or an independent third-party system outside Colma's reasonable control, except to the extent Colma caused or contributed to the issue.
21.9.4 The Member should use an alternative contact channel identified by Colma where the Colma Platform is unavailable and time-sensitive safety or appointment information must be communicated.
21.10 Third-Party Products and Services
21.10.1 A Payment Provider, product manufacturer, licensed specialist, body corporate, utility or other third party may have separate obligations to the Member.
21.10.2 Colma does not accept responsibility for an independent third party's act or omission merely because Colma provided contact information or facilitated communication, unless Colma engaged, controlled or represented the third party as part of the Services or Applicable Law provides otherwise.
21.10.3 Colma remains responsible for reasonable care in selecting, instructing and administering a third party where these functions form part of Colma's contractual obligations.
21.11 Events Outside Reasonable Control
21.11.1 Neither party is responsible for delay or non-performance to the extent caused by an event outside that party's reasonable control and not reasonably avoidable, including severe weather, natural disaster, emergency, government restriction, utility failure, widespread transport disruption or material supply interruption.
21.11.2 The affected party must notify the other as soon as reasonably practicable, take reasonable steps to reduce disruption and resume performance when reasonably possible.
21.11.3 An event outside reasonable control does not excuse payment for Services already properly supplied, remove a remedy that has accrued, permit Colma to retain payment unfairly or allow either party to avoid a duty that Applicable Law requires to continue.
21.11.4 If the event causes substantial or prolonged non-performance, Colma and the Member will consider a fair outcome under sections 5, 8 and 16, including rescheduling, account adjustment or termination where required by Applicable Law.
21.12 No Unfair or Disproportionate Transfer of Responsibility
21.12.1 The Member is not required to assume responsibility for all incidents at the Property, for conduct of Colma or a Service Provider, or for matters outside the Member's reasonable knowledge or control.
21.12.2 Any requirement for the Member to reimburse Colma for a cost or liability applies only to the extent the cost was reasonably incurred, was caused by the Member's breach, negligence or unlawful conduct, was not caused or increased by Colma, and may lawfully be recovered.
21.12.3 Colma will not rely on a broad release, disclaimer or liability transfer that creates a significant imbalance, is not reasonably necessary to protect a legitimate interest or would cause detriment if applied.
21.13 Liability Limits Where Lawfully Agreed
21.13.1 These Terms do not impose a general monetary cap on Colma's responsibility for consumer Repair Services.
21.13.2 Any limitation proposed for a non-consumer transaction must be separately disclosed, transparent, reasonably necessary, proportionate to the legitimate interest protected and permitted by Applicable Law.
21.13.3 No limitation applies to fraud, wilful misconduct, personal injury or death caused by negligence, breach of a non-excludable Consumer Guarantee, breach of a mandatory safety or privacy duty, or another liability that cannot lawfully be limited.
21.13.4 Section 64A of the Australian Consumer Law may permit limited remedies for certain non-household goods or services in specific circumstances. Colma will not rely on that provision unless its legal requirements are satisfied and the limitation is fair and reasonable.
21.14 Insurance and Recovery
21.14.1 Colma may maintain business, public-liability, professional or contractor insurance as appropriate to its operations and legal obligations.
21.14.2 An insurer's involvement, decision, exclusion, excess or delay does not determine or remove a responsibility arising under these Terms or Applicable Law.
21.14.3 The Member is not required to approach a home, landlord, strata or other insurer before raising an issue directly with Colma.
21.14.4 Colma and the Member must reasonably cooperate with lawful recovery processes and avoid duplicate recovery for the same loss.
21.15 Notification, Evidence and Resolution
21.15.1 A party should notify the other as soon as reasonably practicable after becoming aware of a material issue and provide reasonable information relevant to its nature, cause, urgency and amount.
21.15.2 Delay in notification does not automatically remove a statutory right or remedy, but may be considered to the extent it materially increased loss, impaired evidence or prevented a reasonable opportunity to respond.
21.15.3 The parties must provide reasonable access and cooperation for assessment, urgent protection, rectification and dispute resolution, subject to safety, privacy, lawful entry and proportionality.
21.15.4 A dispute about responsibility will be handled under Colma's complaint and dispute process without preventing either party from exercising an external statutory right.
21.16 Statutory Rights and Interpretation
21.16.1 Nothing in these Terms excludes, restricts or modifies a Consumer Guarantee, statutory remedy or liability that cannot lawfully be excluded, restricted or modified.
21.16.2 A limitation, exclusion, reimbursement obligation or discretion in this section applies only to the maximum extent permitted by Applicable Law and will be interpreted narrowly where necessary to preserve a mandatory right.
21.16.3 If applying a provision would be unfair or unlawful in a standard-form consumer or small-business contract, Colma will not propose, apply or rely on it to that extent.
22. Intellectual Property
22.1 Purpose and Application
22.1.1 This section identifies ownership and permitted use of intellectual property connected with Colma, the Colma Platform, Membership materials, Member Content, Service records and third-party materials.
22.1.2 Intellectual property includes copyright, trade marks, designs, patents, domain names, business names, confidential information, trade secrets, know-how, database rights and analogous rights recognised under Applicable Law.
22.1.3 Nothing in these Terms transfers ownership of a party's intellectual property except where an express written assignment states otherwise and satisfies Applicable Law.
22.2 Colma Materials
22.2.1 Colma or its licensors own the intellectual property in the Colma Platform and Colma Materials, including software, source and object code, interfaces, workflows, databases, text, graphics, illustrations, videos, templates, Plan descriptions, measurement tools, documentation, branding and original compilations.
22.2.2 Colma Materials do not include Member Content merely because it is uploaded to or stored through the Colma Platform.
22.2.3 Any rights not expressly granted to the Member under these Terms are reserved by Colma and its licensors, subject to Applicable Law.
22.3 Limited Member Licence
22.3.1 During an active Membership, Colma grants the Member a personal, limited, non-exclusive, non-transferable and revocable licence to access and use the Colma Platform and Colma Materials for managing the Member's Membership, Registered Properties and Services.
22.3.2 The licence permits ordinary viewing, downloading and retention of Plan Summaries, Repair Acceptances, invoices, receipts, reports, photographs and other records made available for the Member's own lawful household, property-management, accounting, legal or recordkeeping purposes.
22.3.3 The licence does not transfer ownership and does not permit commercial resale, sublicensing, public distribution, creation of a competing service or another use outside the purpose for which the material was supplied.
22.3.4 A restriction in this section will not prevent an act authorised by Applicable Law that cannot lawfully be restricted.
22.4 Colma Trade Marks and Branding
22.4.1 The names COLMA and Colma, the Colma logo, product and Plan names, slogans, icons, colour systems, trade dress and related brand identifiers are owned by or licensed to Colma to the extent protected by Applicable Law.
22.4.2 The Member must not use a Colma trade mark, logo or brand identifier in a manner that falsely suggests sponsorship, endorsement, partnership, authority or affiliation.
22.4.3 The Member may make accurate, non-misleading references to Colma for ordinary communication, reviews, complaints, legal proceedings, property records or another purpose permitted by Applicable Law.
22.5 Member Content
22.5.1 Member Content includes photographs, videos, measurements, descriptions, instructions, documents, plans, colour information, messages, reviews and other material submitted by or on behalf of the Member through the Colma Platform or in connection with the Services.
22.5.2 As between Colma and the Member, the Member retains ownership of intellectual property the Member owns in Member Content.
22.5.3 Uploading or providing Member Content does not assign ownership to Colma.
22.5.4 Property ownership does not necessarily establish copyright or another intellectual-property right in every photograph, plan, report, design, artwork or document relating to that Property.
22.6 Licence to Use Member Content for the Services
22.6.1 The Member grants Colma a non-exclusive, royalty-free licence to host, store, copy, reproduce, resize, annotate, transmit and otherwise use Member Content only to the extent reasonably necessary to assess Repair Requests, provide and document Services, communicate with authorised persons, administer the Membership, improve service operations, comply with Applicable Law and resolve complaints or disputes.
22.6.2 Colma may make Member Content available to employees, Service Providers, professional advisers, platform providers and other authorised recipients only where reasonably necessary for a permitted purpose and subject to appropriate privacy, confidentiality and security requirements.
22.6.3 The licence continues after the Membership ends only for so long and to the extent reasonably necessary for records, compliance, dispute resolution, security, backup integrity and another lawful purpose described in section 13 or Colma's Privacy Policy.
22.6.4 Colma will not sell Member Content or use identifiable Property photographs in public advertising, promotional portfolios, social media or provider marketing merely because this operational licence has been granted.
22.7 Separate Marketing Consent
22.7.1 Any public promotional use of identifiable photographs, video, testimonials or case-study material supplied by or relating to the Member requires separate, specific and voluntary consent unless the material has been lawfully de-identified so that the Member, occupants and Property are not reasonably identifiable.
22.7.2 Marketing consent must identify the proposed material, purpose and channels in reasonably clear terms and must not be a condition of Membership or receipt of an included Repair Service.
22.7.3 The Member may withdraw marketing consent for future use by notifying Colma. Withdrawal does not make an authorised past publication unlawful or require recall of printed material already distributed, but Colma will take reasonable steps regarding future digital use.
22.7.4 A Service Provider must not publish or use Member Content, Property images or Service records for personal promotion without the separate authority of both Colma and the person whose consent is legally required.
22.8 Member Content Requirements
22.8.1 The Member must have the rights, permissions or lawful basis reasonably necessary to provide Member Content and authorise Colma's use under clause 22.6.
22.8.2 Member Content must not knowingly infringe another person's intellectual property, privacy, confidentiality, publicity or contractual rights; contain unlawful material; introduce malicious code; or materially misrepresent the Property, proposed work or authority of the Member.
22.8.3 The Member is not required to obtain ownership of every incidental element visible in an ordinary Property photograph, but must not deliberately upload or direct Colma to reproduce protected material where the proposed use would be unlawful.
22.8.4 Colma may request reasonable evidence of permission or authority where a material rights concern is identified.
22.9 Removal and Restriction of Member Content
22.9.1 Colma may restrict access to or remove Member Content where reasonably necessary because it is unlawful, materially infringes another person's rights, creates a security risk, is unrelated to the Services, breaches these Terms or must be removed under a lawful direction.
22.9.2 Where practicable and lawful, Colma will notify the Member of the general reason and allow a reasonable opportunity to clarify or replace the material.
22.9.3 Removal from active display does not require immediate deletion from secure backups, compliance records or dispute files where retention remains lawful and reasonably necessary.
22.9.4 Colma will not remove critical Member evidence solely to obstruct a complaint, statutory right or legal proceeding.
22.10 Service Records and Colma-Created Materials
22.10.1 Colma may create assessments, annotations, measurements, work scopes, scheduling records, completion records, templates, internal methods and other materials in providing the Services.
22.10.2 Colma retains intellectual property it owns in the original structure, expression, templates, systems and methods used in those materials, while the Member retains ownership of Member Content incorporated into them.
22.10.3 The Member may use Member-facing Service records supplied by Colma for the Property and ordinary purposes permitted by clause 22.3.2.
22.10.4 Nothing in these Terms gives Colma ownership of the Property, the Member's pre-existing plans or documents, or a third party's intellectual property merely because Colma reviewed or referred to them.
22.11 Feedback and Suggestions
22.11.1 The Member may voluntarily provide feedback, ideas or suggestions about the Services or Colma Platform.
22.11.2 Unless the parties agree otherwise in writing before disclosure, feedback is not confidential and Colma may use it without payment to improve its Services, provided Colma does not publicly identify the Member or disclose Personal Information without authority.
22.11.3 Clause 22.11.2 does not transfer ownership of a separately protected work, invention or confidential business proposal clearly identified as such when provided.
22.12 Prohibited Technical Conduct
22.12.1 Except to the extent authorised by Colma or permitted by Applicable Law, the Member must not copy substantial parts of the Colma Platform; scrape or systematically extract data; bypass access controls; introduce malicious code; interfere with operation or security; or use automated means that impose an unreasonable load.
22.12.2 The Member must not reverse engineer, decompile or attempt to derive source code, confidential algorithms or non-public technical methods, except to the extent a statutory right permits that conduct and cannot lawfully be excluded.
22.12.3 Colma may apply proportionate technical restrictions or suspend affected access under section 6 where reasonably necessary to address a material security, infringement or misuse concern.
22.13 Third-Party Materials and Open-Source Software
22.13.1 The Colma Platform or Service records may contain third-party software, maps, imagery, product information, links, fonts, content or other materials subject to separate rights and licence terms.
22.13.2 Use of third-party material must comply with the applicable lawful terms made available to the Member. Colma does not grant rights that the third-party owner has not authorised Colma to grant.
22.13.3 Open-source components remain subject to their applicable open-source licences. Where an open-source licence conflicts with these Terms regarding that component, the open-source licence prevails to the extent required.
22.13.4 A link or integration does not by itself mean Colma owns, controls or endorses the third-party material.
22.14 Intellectual-Property Concerns
22.14.1 A person who reasonably believes material available through the Colma Platform infringes their intellectual property should notify Colma using the contact details in these Terms and identify the protected work or right, disputed material, basis of concern and requested action.
22.14.2 Colma may request information reasonably necessary to verify identity, authority and the basis of the concern and may temporarily restrict disputed material while assessing it.
22.14.3 Colma will consider a sufficiently detailed concern within a reasonable time and may remove, restore, restrict or retain material according to the available evidence and Applicable Law.
22.14.4 A person must not knowingly submit a false or materially misleading infringement notice.
22.15 Moral Rights and Attribution
22.15.1 Nothing in these Terms transfers an author's moral rights.
22.15.2 To the extent reasonably necessary for the permitted uses in clause 22.6, the Member consents to reasonable technical acts such as resizing, cropping, compressing, annotating, combining or omitting attribution where those acts are lawful and do not subject a work to derogatory treatment.
22.15.3 Colma will not falsely attribute authorship and will respect moral rights to the extent required by the Copyright Act 1968 (Cth).
22.16 Ending Access
22.16.1 The limited licence to access the Colma Platform ends when the Membership or Account ends, except that Colma may permit continued access to records or functions required by Applicable Law or reasonably provided for post-Membership administration.
22.16.2 Ending access does not affect accrued ownership, a licence required to preserve lawful records, confidentiality obligations, an existing authorised publication or another provision intended by its nature to continue.
22.16.3 The Member may retain lawfully downloaded Member-facing records, subject to third-party rights and the restrictions on false representation, commercial reuse and disclosure of another person's Personal Information.
22.17 Statutory Rights and Fair Application
22.17.1 Nothing in this section excludes, restricts or modifies a Consumer Guarantee, privacy right, intellectual-property exception, moral right or other right that cannot lawfully be excluded, restricted or modified.
22.17.2 A licence, removal right, technical restriction or continuing-use provision will be applied only to the extent reasonably necessary for its stated purpose and will not be applied unfairly.
22.17.3 If a provision would grant Colma rights broader than reasonably necessary to provide the Services or protect a legitimate interest, it will be interpreted narrowly to the extent permitted by Applicable Law.
23. Privacy and Personal Information
23.1 Purpose and Application
23.1.1 This section explains how Colma may collect, hold, use, disclose, secure, retain and otherwise handle Personal Information in connection with the Membership, Colma Platform, Registered Properties, Repair Requests, appointments and Services.
23.1.2 Colma will handle Personal Information in accordance with Applicable Law, including the Privacy Act 1988 (Cth) and Australian Privacy Principles to the extent they apply, and Colma's current Privacy Policy.
23.1.3 The Privacy Policy provides additional operational detail and will be made reasonably available through the Colma Platform or Website. It does not reduce a right or obligation arising under Applicable Law.
23.2 Categories of Personal Information
23.2.1 Colma may collect identity and contact information, including name, email address, telephone number, postal address, Account credentials and communications preferences.
23.2.2 Colma may collect Property and service information, including ownership or management authority, occupancy details, Property address, access instructions, Repair Requests, descriptions, measurements, photographs, videos, plans, colour and material information, appointment records and completion records.
23.2.3 Colma may collect transaction and account information, including Plan, Membership status, invoices, receipts, payment status, transaction references, refunds, credits and communications with the Payment Provider. Colma does not need to hold complete card details where payment processing is performed by the Payment Provider.
23.2.4 Colma may collect technical and usage information, including device type, browser or app version, IP address, login and security records, diagnostic information, approximate location derived from an address or device where authorised, and interaction with the Colma Platform.
23.2.5 Colma may collect complaint, safety and incident information, including reports, evidence, communications, Service Provider records, Property Damage information and information required by a regulator or other lawful process.
23.3 Information About Other People
23.3.1 A Member may provide information about an owner, tenant, occupant, Authorised Representative, property manager, body-corporate representative, emergency contact or person who will be present at the Property.
23.3.2 The Member must have a reasonable and lawful basis to provide that information and, where practicable, must tell the person that their information will be provided to Colma for the relevant Property or Service purpose.
23.3.3 Colma will collect only information reasonably necessary for that person's role, such as name, contact details, access availability and relevant safety or communication information.
23.3.4 A person attending the Property is not required to become a Member merely because their contact details are needed to coordinate lawful access.
23.4 Sensitive Information
23.4.1 Colma does not ordinarily require Sensitive Information to provide the Services.
23.4.2 Sensitive Information may arise incidentally or where reasonably necessary for accessibility, health or safety arrangements, incident response or compliance with Applicable Law.
23.4.3 Where consent is required by Applicable Law, Colma will obtain consent before collecting Sensitive Information unless another lawful exception applies.
23.4.4 The Member should not upload medical records, identity documents or other Sensitive Information unless Colma has requested the information for a stated lawful purpose or it is reasonably necessary to address an immediate safety issue.
23.5 How Information Is Collected
23.5.1 Colma may collect Personal Information directly through the Colma Platform, Website, application forms, telephone, email, messaging, surveys, photographs, inspections, appointments and other communications.
23.5.2 Colma may collect information from an Authorised Representative, owner, tenant, property manager, body corporate, Service Provider, Payment Provider, professional adviser, regulator, publicly available source or another person where lawful and reasonably necessary.
23.5.3 Where required by Applicable Law, Colma will take reasonable steps at or before collection, or as soon as practicable afterwards, to provide a collection notice describing relevant purposes, disclosures and choices.
23.5.4 If Colma receives unsolicited Personal Information, it will assess whether the information could lawfully have been collected and will retain, use, de-identify or destroy it as required or permitted by Applicable Law.
23.6 Purposes of Handling Personal Information
23.6.1 Colma may handle Personal Information to assess eligibility, establish and administer Accounts and Memberships, register Properties, process payments, assess Repair Requests, communicate, schedule appointments and provide Services.
23.6.2 Colma may also handle Personal Information to verify authority and access, allocate and manage Service Providers, obtain materials, document work, manage safety and Property Damage, provide support, investigate complaints, prevent fraud or misuse and enforce lawful rights.
23.6.3 Colma may use information for service analytics, quality assurance, training, platform improvement, forecasting and business administration where the use is consistent with the original purpose, reasonably expected, consented to or otherwise permitted by Applicable Law.
23.6.4 Colma may handle information to comply with taxation, accounting, licensing, work health and safety, consumer, privacy, court, regulator and other legal requirements.
23.7 Photographs, Video and Property Information
23.7.1 Colma and Service Providers may take or receive photographs or video reasonably necessary to assess, quote, schedule, perform, verify and document a Repair Service, record Property condition, address a safety issue or investigate a complaint.
23.7.2 Where practicable, images should focus on the relevant surface, work area or access condition and avoid unnecessary capture of people, personal documents, security information and unrelated private areas.
23.7.3 A photograph or video that identifies or could reasonably identify a person may be Personal Information and will be handled accordingly.
23.7.4 Public promotional use of identifiable images is governed by the separate marketing-consent requirements in section 22 and is not authorised merely because an operational image was taken.
23.8 Access Codes, Keys and Security Information
23.8.1 Alarm codes, lock-box codes, gate codes, key information and other Property security details will be collected only where reasonably necessary for authorised access or service administration.
23.8.2 Colma will restrict access to security information to authorised persons with a current operational need and will not include the information in an ordinary public-facing record.
23.8.3 Colma may retain limited evidence that access was authorised or completed but will delete, disable, return or securely restrict active access information when it is no longer reasonably required, subject to Applicable Law and legitimate dispute records.
23.8.4 The Member must promptly notify Colma if access information is withdrawn, changed or believed to have been compromised.
23.9 Disclosure to Service Providers and Operational Recipients
23.9.1 Colma may disclose relevant Personal Information to a Service Provider to assess or perform authorised work, contact the appropriate onsite person, access the Property, obtain materials and document completion.
23.9.2 Colma will limit disclosure to information reasonably necessary for the assigned task and will require Service Providers to comply with applicable privacy, confidentiality, security, photography and record-handling obligations.
23.9.3 Colma may also disclose relevant information to Payment Providers, hosting and software providers, communications providers, professional advisers, insurers, emergency services, regulators, courts, law-enforcement bodies and other recipients where reasonably necessary and lawful.
23.9.4 Colma does not sell Member contact lists or exchange Personal Information for an unrelated commercial advantage.
23.10 Overseas Disclosure and Cloud Services
23.10.1 Some technology, communications, analytics, support or storage providers may process or store Personal Information outside Australia.
23.10.2 Where the Privacy Act applies, Colma will take the steps required by Australian Privacy Principle 8 before disclosing Personal Information to an overseas recipient, unless an exception applies.
23.10.3 Colma's Privacy Policy will identify, where practicable, the countries in which overseas recipients are likely to be located or explain how current information may be obtained.
23.10.4 Use of a cloud service does not by itself remove Colma's responsibility for information that Colma holds or controls under Applicable Law.
23.11 Direct Marketing and Communications
23.11.1 Colma may send operational communications reasonably necessary for the Membership or Services, including payment, renewal, safety, appointment, access, Repair Request and platform notices.
23.11.2 Direct marketing will be sent only where consent exists or Applicable Law otherwise permits it and will include a reasonably accessible method to opt out where required.
23.11.3 Opting out of marketing does not prevent Colma from sending non-promotional communications reasonably necessary to administer an active Membership, complete a Service, address safety or comply with Applicable Law.
23.11.4 Colma will process a valid marketing opt-out within the period required by Applicable Law and will not charge a fee for opting out.
23.12 Cookies, Analytics and Similar Technologies
23.12.1 The Website and Colma Platform may use cookies, software development kits, pixels, local storage, logs and similar technologies for authentication, security, preferences, performance, diagnostics, analytics and lawful marketing.
23.12.2 Where consent is required, Colma will seek consent and provide available preference controls before using the relevant non-essential technology.
23.12.3 Further information about technology providers, purposes and choices may be provided in the Privacy Policy, cookie notice or Colma Platform settings.
23.13 Automated Processing and Decisions
23.13.1 Colma may use software to assist with postcode eligibility, measurement calculations, scheduling, fraud detection, allocation tracking, service triage and other administrative functions.
23.13.2 Colma will not represent an automated output as a final professional inspection where onsite or specialist assessment is reasonably required.
23.13.3 Where Applicable Law requires transparency about computer-assisted decisions that could reasonably be expected to significantly affect an individual's rights or interests, Colma will provide the required information in its Privacy Policy and relevant notices.
23.13.4 Colma will provide a reasonable review channel where a materially adverse automated outcome may be inaccurate, inappropriate or requires human consideration.
23.14 Information Quality and Member Updates
23.14.1 Colma will take reasonable steps in the circumstances to ensure Personal Information it uses or discloses is accurate, up to date, complete and relevant.
23.14.2 The Member must provide materially accurate information and promptly update contact, Property, authority, occupancy, access and communication information through the available account or support process.
23.14.3 Colma may verify material information where reasonably necessary but does not guarantee that information supplied by another person is accurate.
23.15 Security
23.15.1 Colma will take reasonable technical and organisational steps to protect Personal Information it holds from misuse, interference, loss and unauthorised access, modification or disclosure.
23.15.2 Measures may include access controls, authentication, encryption where appropriate, secure configuration, logging, backups, staff and provider training, contractual controls, incident procedures and periodic review.
23.15.3 No electronic system is completely secure. This statement does not reduce Colma's obligation to take reasonable steps or responsibility for a security failure under Applicable Law.
23.15.4 The Member must use reasonable Account security, keep credentials confidential, avoid sharing one-time codes and promptly notify Colma of suspected unauthorised access.
23.16 Data Incidents and Notifications
23.16.1 Colma will maintain a process to identify, contain, assess, document and respond to suspected loss, unauthorised access or unauthorised disclosure of Personal Information.
23.16.2 Where the Notifiable Data Breaches scheme or another notification law applies, Colma will assess the incident and notify affected individuals and the relevant regulator when legally required.
23.16.3 Colma may contact a Member or other affected person with protective steps, account actions or requests for information reasonably necessary to manage an incident.
23.16.4 A Service Provider must promptly report a suspected privacy or security incident to Colma and must not conceal, independently publish or privately resolve the incident.
23.17 Retention, Destruction and De-Identification
23.17.1 Colma will retain Personal Information only for so long as reasonably necessary for the purposes for which it may lawfully be used, including service history, accounting, taxation, legal compliance, safety, complaints, disputes, security and enforcement.
23.17.2 Retention periods may differ by record type and will take account of statutory requirements, limitation periods, the sensitivity of the information and operational need.
23.17.3 When Personal Information is no longer required, Colma will take reasonable steps to destroy or de-identify it where required by Applicable Law.
23.17.4 Secure backups may retain information for a limited cycle after deletion from active systems, provided access and later disposal remain appropriately controlled.
23.18 Access and Correction
23.18.1 An individual may request access to Personal Information Colma holds about them and may request correction of information believed to be inaccurate, out of date, incomplete, irrelevant or misleading.
23.18.2 Colma may verify identity and authority before providing access or making a correction and may refuse or limit access only where Applicable Law permits.
23.18.3 Colma will respond within the period required by Applicable Law or otherwise within a reasonable time and will provide reasons and available complaint options where a request is refused.
23.18.4 Access will ordinarily be provided without charge, except that a reasonable charge permitted by Applicable Law may apply to the cost of providing access and will be disclosed in advance.
23.19 Privacy Questions and Complaints
23.19.1 A person may contact Colma using the privacy contact details in the Privacy Policy to ask a question, make a request or complain about handling of Personal Information.
23.19.2 Colma will acknowledge and investigate a privacy complaint within a reasonable time, communicate the outcome and identify any available internal review or external complaint pathway.
23.19.3 Where the Privacy Act applies, an individual may be entitled to complain to the Office of the Australian Information Commissioner after first giving Colma a reasonable opportunity to respond.
23.19.4 Making a genuine privacy complaint will not affect a person's access to a remedy or included Service, except where a particular use of information is objectively necessary to provide the requested Service and no lawful practical alternative exists.
23.20 Children and Vulnerable Individuals
23.20.1 Memberships are not intended to be purchased by children.
23.20.2 Colma will take reasonable care not to collect unnecessary information or identifiable images of children, vulnerable individuals or other occupants while documenting the Property.
23.20.3 Where information about a child or person unable to provide valid consent is reasonably necessary, Colma will seek authority from an appropriate parent, guardian or authorised person where required by Applicable Law.
23.21 Changes to Privacy Practices
23.21.1 Colma may update its Privacy Policy to reflect changes in law, technology, providers, security practices or Services.
23.21.2 Colma will make the current Privacy Policy available and will give reasonable notice of a material change where required by Applicable Law or where the change materially affects how existing Member information will be handled.
23.21.3 A Privacy Policy update does not authorise a materially different use of previously collected Personal Information where consent or another lawful basis is required.
23.22 Statutory Rights and Fair Application
23.22.1 Nothing in this section excludes, restricts or modifies a privacy, consumer or other right that cannot lawfully be excluded, restricted or modified.
23.22.2 Any consent request, disclosure, retention period, access restriction or security discretion will be applied only to the extent reasonably necessary and permitted by Applicable Law.
23.22.3 If Colma is exempt from a particular provision of the Privacy Act, that exemption does not authorise misleading conduct, breach of confidence, misuse of information contrary to these Terms or disregard of another Applicable Law.
24. Force Majeure and Events Beyond Reasonable Control
24.1 Force Majeure Events
24.1.1 Colma will not be responsible for any delay, interruption, rescheduling or inability to provide Services where that delay, interruption, rescheduling or inability results from circumstances beyond Colma's reasonable control.
24.1.2 Such circumstances may include, without limitation:
(a) severe weather, prolonged rain, storms, flooding, cyclones, extreme heat or other adverse environmental conditions;
(b) natural disasters, fire, earthquakes or other emergencies;
(c) epidemics, pandemics, public health restrictions or government-imposed directions;
(d) changes to laws, regulations, licensing requirements or government policies affecting the provision of Services;
(e) labour shortages, industrial action, contractor unavailability or unexpected staff illness;
(f) shortages, delays or unavailability of paint, materials, tools, equipment or other supplies;
(g) interruptions affecting electricity, telecommunications, internet services, booking systems, payment providers or other essential third-party services;
(h) road closures, transport disruptions, vehicle breakdowns or restricted access to a Property;
(i) unsafe working conditions, hazardous materials, structural concerns or other risks identified at a Property;
(j) acts or omissions of third parties outside Colma's reasonable control; and
(k) any other circumstance that could not reasonably have been prevented or overcome by Colma.
24.2 Notice and Communication
24.2.1 Where reasonably practicable, Colma will notify the Member if a Force Majeure Event is likely to materially affect a scheduled appointment or the provision of Services.
24.2.2 Notification may be provided through the Colma Platform, email, SMS, telephone or another communication method reasonably available to Colma.
24.2.3 Colma will provide updated information when reasonably available; however, Colma is not required to provide a guaranteed timeframe where the relevant circumstances remain uncertain.
24.3 Rescheduling of Services
24.3.1 Where a scheduled Service cannot proceed due to a Force Majeure Event, Colma may reschedule the appointment to the next reasonably available time.
24.3.2 Rescheduled appointments remain subject to:
(a) contractor availability;
(b) geographic location;
(c) weather conditions;
(d) Property access;
(e) safety considerations; and
(f) the nature and urgency of the requested work.
24.3.3 A postponed or rescheduled appointment does not automatically entitle the Member to a refund, discount, compensation or additional annual repair allowance, except where required under applicable law.
24.4 Temporary Suspension of Services
24.4.1 Colma may temporarily suspend Services in a particular area or across its operations where a Force Majeure Event materially affects its ability to operate safely or effectively.
24.4.2 During a temporary suspension, Colma may continue to accept enquiries or Repair Requests but may delay assessment, scheduling or completion until normal operations can reasonably resume.
24.4.3 Membership payments and Membership Terms will continue in accordance with these Terms unless:
(a) Colma agrees otherwise in writing; or
(b) a different outcome is required under applicable law.
24.4.4 Where an extended disruption materially affects a Member's ability to receive Services, Colma may, acting reasonably and considering the individual circumstances, offer an alternative arrangement, which may include:
(a) a revised appointment date;
(b) an extension of the relevant booking timeframe;
(c) a temporary Membership adjustment; or
(d) another reasonable commercial solution.
24.5 Member Responsibilities During Disruptions
24.5.1 Members must cooperate reasonably with Colma where appointments require rescheduling due to circumstances beyond Colma's control.
24.5.2 Members remain responsible for providing accurate contact information and responding to reasonable requests concerning alternative appointment times.
24.5.3 If the Member does not respond to reasonable attempts to reschedule, Colma may close the relevant Repair Request, subject to any rights the Member may have under applicable law.
24.6 Australian Consumer Law
24.6.1 Nothing in this clause excludes, restricts or modifies any right or remedy available to a Member under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
25. Complaints, Feedback and Dispute Resolution
25.1 Raising a Concern
25.1.1 If a Member has a concern about their Membership, a Repair Request, a scheduled appointment, completed work, billing, customer service or another aspect of the Services, the Member should notify Colma as soon as reasonably practicable.
25.1.2 Concerns may be submitted through:
(a) the Colma Platform;
(b) an email address nominated by Colma;
(c) a customer service telephone number nominated by Colma; or
(d) another communication channel made available by Colma.
25.1.3 When submitting a concern, the Member should provide sufficient information to allow Colma to investigate, including where relevant:
(a) the Member's name and account details;
(b) the Property address;
(c) the relevant Repair Request or booking reference;
(d) the date of the appointment or incident;
(e) a clear description of the issue;
(f) relevant photographs, documents or communications; and
(g) the outcome the Member is seeking.
25.2 Complaint Assessment
25.2.1 Colma will review complaints fairly, reasonably and within a reasonable timeframe.
25.2.2 Colma may request additional information, photographs, access to the Property or clarification from the Member, a contractor or another relevant person.
25.2.3 The Member must provide reasonable cooperation during the investigation.
25.2.4 Colma may inspect completed work before determining whether further action is appropriate.
25.2.5 Where a complaint relates to workmanship, the Member must, where reasonably practicable, allow Colma or its nominated contractor an opportunity to inspect and address the issue before arranging for another person to alter or redo the work.
25.2.6 If the Member arranges independent work before giving Colma a reasonable opportunity to inspect the issue, Colma may be unable to verify the original circumstances or assess responsibility, subject always to the Member's rights under applicable law.
25.3 Possible Outcomes
25.3.1 Depending on the circumstances, Colma may determine that an appropriate outcome includes:
(a) providing an explanation or clarification;
(b) correcting an administrative or billing error;
(c) arranging a follow-up inspection;
(d) scheduling rectification work;
(e) rescheduling an appointment;
(f) providing a credit, adjustment or refund where appropriate;
(g) offering an alternative commercial resolution; or
(h) taking no further action where the complaint is not substantiated.
25.3.2 Any proposed resolution will depend on the nature of the issue, the available evidence, the applicable Membership terms and the Member's rights under Australian law.
25.4 Formal Dispute Notice
25.4.1 If a concern cannot be resolved through ordinary customer service communications, either party may issue a written notice describing the dispute.
25.4.2 A dispute notice must include:
(a) the identity and contact details of the party issuing the notice;
(b) a description of the relevant facts;
(c) the contractual provision or transaction involved, if known;
(d) the steps already taken to resolve the issue; and
(e) the proposed resolution.
25.4.3 Following receipt of a dispute notice, both parties must make a genuine and reasonable effort to resolve the dispute through direct discussions.
25.5 Good Faith Negotiation
25.5.1 The parties agree to participate in good faith discussions for a reasonable period after a dispute notice is received.
25.5.2 Unless the circumstances require a different timeframe, the parties should attempt to resolve the dispute within 20 Business Days after the dispute notice is received.
25.5.3 Discussions may take place by telephone, video conference, email or another mutually acceptable method.
25.5.4 Nothing in this clause requires either party to accept a proposed settlement or surrender any legal right.
25.6 Mediation
25.6.1 If the dispute remains unresolved after good faith discussions, either party may propose mediation.
25.6.2 Where both parties agree to mediation, the mediation will be conducted:
(a) by an independent mediator agreed between the parties;
(b) in Queensland, remotely or at another mutually agreed location; and
(c) according to procedures agreed between the parties and the mediator.
25.6.3 Unless otherwise agreed, each party will bear its own costs and the parties will share the mediator's fees equally.
25.6.4 Participation in mediation is voluntary unless otherwise required by law or agreed in writing.
25.7 External Assistance and Legal Proceedings
25.7.1 Nothing in these Terms prevents a Member from contacting an appropriate consumer protection authority, fair trading agency, tribunal, court or other relevant body.
25.7.2 Nothing in this clause prevents either party from seeking urgent injunctive relief or another urgent remedy where reasonably necessary.
25.7.3 The dispute resolution process does not limit any right available under the Australian Consumer Law.
25.8 Feedback and Service Improvement
25.8.1 Colma may collect feedback, reviews and satisfaction information to assess contractor performance, improve customer service and develop its Services.
25.8.2 Feedback must be honest, relevant and not misleading, abusive, defamatory or discriminatory.
25.8.3 Colma may investigate feedback that raises concerns about safety, conduct, workmanship or compliance with these Terms.
26. Governing Law, Jurisdiction and Regulatory Compliance
26.1 Governing Law
26.1.1 These Terms and any contractual relationship between Colma and a Member are governed by the laws of Queensland, Australia.
26.1.2 Each party submits to the non-exclusive jurisdiction of the courts and tribunals of Queensland and any courts or tribunals competent to hear appeals from them.
26.1.3 This clause does not prevent a Member from exercising any right to commence proceedings in another jurisdiction where such a right applies under Australian law.
26.2 Australian Consumer Law
26.2.1 Colma acknowledges that goods and services supplied to consumers in Australia may be subject to statutory guarantees and other rights under the Australian Consumer Law.
26.2.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified.
26.2.3 If any provision of these Terms would otherwise have that effect, the provision must be interpreted or limited to the minimum extent necessary to ensure compliance with applicable law.
26.2.4 Where permitted by law, Colma's responsibility for a failure to comply with a consumer guarantee may be limited to one or more remedies permitted under the applicable legislation, including:
(a) supplying the relevant Services again; or
(b) paying the reasonable cost of having the relevant Services supplied again.
26.2.5 Any limitation under clause 26.2.4 applies only where:
(a) the relevant law permits the limitation;
(b) the limitation is fair and reasonable in the circumstances; and
(c) the limitation does not apply to liability that cannot lawfully be limited.
26.3 Compliance With Applicable Laws
26.3.1 Colma will operate its business in accordance with laws reasonably applicable to the provision of its Services.
26.3.2 Members must comply with all laws, regulations, building rules, access requirements and Property-related obligations relevant to the requested Services.
26.3.3 The Member is responsible for obtaining any permission or approval required from:
(a) a Property owner;
(b) a tenant or occupant;
(c) a property manager;
(d) a body corporate or owners corporation;
(e) a landlord;
(f) a local council or regulatory authority; or
(g) another person with authority over the Property or the relevant work area.
26.3.4 Colma may refuse, postpone or discontinue work where a required approval has not been obtained or where carrying out the work may breach applicable laws or Property rules.
26.4 Licensing and Trade Requirements
26.4.1 Where particular work requires a licence, registration, permit or specialised qualification under applicable law, Colma may:
(a) arrange for an appropriately qualified contractor where available;
(b) recommend that the Member engage a suitable independent specialist;
(c) decline the relevant work; or
(d) provide a separate quotation where the work falls outside the applicable Membership inclusions.
26.4.2 Colma is not required to perform work that:
(a) falls outside its advertised Services;
(b) requires qualifications not held by the assigned contractor;
(c) involves regulated building work beyond the permitted scope of the Membership; or
(d) cannot lawfully be undertaken in the relevant jurisdiction.
26.5 Interstate Services
26.5.1 Colma may expand its Services into additional Australian states or territories from time to time.
26.5.2 Availability in a particular state or territory is subject to:
(a) operational capacity;
(b) local contractor availability;
(c) applicable licensing and regulatory requirements;
(d) geographic service boundaries; and
(e) any additional conditions communicated by Colma.
26.5.3 Where mandatory laws of another Australian state or territory apply to Services performed in that jurisdiction, those mandatory laws will apply to the extent required.
26.6 Interpretation Consistent With Law
26.6.1 These Terms must be interpreted, where reasonably possible, in a manner consistent with applicable Australian law.
26.6.2 If a legal requirement changes after a Member commences a Membership, Colma may make reasonable operational or contractual adjustments necessary to comply with that requirement.
26.6.3 Where a change materially affects a Member's rights or obligations, Colma will provide notice where reasonably practicable and where required by law.
27. General Provisions
27.1 Entire Agreement
27.1.1 These Terms, together with the applicable Membership details, pricing information, accepted quotations, written variations and policies expressly incorporated by reference, form the agreement between Colma and the Member concerning the relevant Services.
27.1.2 To the extent permitted by law, the agreement replaces earlier discussions, representations, proposals or communications concerning the same subject matter.
27.1.3 Nothing in this clause excludes responsibility for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.
27.2 Order of Priority
27.2.1 If there is an inconsistency between documents forming part of the agreement, the following order of priority applies unless otherwise required by law:
(a) any written agreement expressly signed or accepted by both parties for the relevant matter;
(b) a specific written quotation or service confirmation applicable to the relevant work;
(c) the Member's confirmed Membership inclusions and pricing;
(d) these Terms; and
(e) general website content, promotional material or customer service information.
27.2.2 A specific written commitment made by Colma to a Member may take priority over a general provision where that commitment clearly applies to the relevant circumstances.
27.3 Assignment by Colma
27.3.1 Colma may assign, transfer or novate its rights or obligations under these Terms to:
(a) a related entity;
(b) a purchaser of its business or assets;
(c) a successor operating the Colma platform or Services; or
(d) another suitable service provider.
27.3.2 Any assignment, transfer or novation must not materially reduce the Member's existing statutory rights.
27.3.3 Where legally required, or where the transfer materially affects the Member's rights or service arrangements, Colma will provide reasonable notice.
27.4 Assignment by Members
27.4.1 A Membership is personal to the registered Member and the relevant registered Property unless Colma agrees otherwise in writing.
27.4.2 A Member must not assign, transfer, sell or otherwise make a Membership available to another person without Colma's prior written approval.
27.4.3 Colma may consider a transfer request in circumstances such as:
(a) sale of the registered Property;
(b) transfer of Property management responsibilities;
(c) a change of tenant or authorised occupant;
(d) an internal transfer between related corporate entities; or
(e) another reasonable circumstance identified by the Member.
27.4.4 Approval of a transfer may be subject to:
(a) identity verification;
(b) confirmation of Property details;
(c) acceptance of the current Terms;
(d) payment of any outstanding amounts;
(e) operational availability; and
(f) any reasonable administrative requirements communicated by Colma.
27.4.5 Unless Colma confirms otherwise, a transfer does not automatically restart the Membership Term, restore used repair allowances or remove any applicable waiting period.
27.5 Subcontracting
27.5.1 Colma may engage employees, contractors, subcontractors, trade professionals, technology providers and other third parties to assist in delivering the Services.
27.5.2 The engagement of a third party does not, by itself, remove any obligation Colma owes to a Member under applicable law.
27.5.3 Colma may replace or reassign a contractor where reasonably necessary due to scheduling, geographic location, safety, availability, performance or operational requirements.
27.6 Relationship Between the Parties
27.6.1 Nothing in these Terms creates a partnership, employment relationship, joint venture or agency relationship between Colma and a Member.
27.6.2 A Member must not represent that they have authority to act on Colma's behalf.
27.6.3 Contractors engaged to perform work may operate as independent businesses and are not authorised to vary these Terms unless Colma expressly confirms that authority in writing.
27.7 No Waiver
27.7.1 A failure or delay by Colma to exercise a right under these Terms does not constitute a waiver of that right.
27.7.2 A waiver is effective only if provided in writing by an authorised representative of Colma.
27.7.3 A waiver relating to one circumstance does not operate as a waiver for another circumstance or future breach.
27.8 Severability
27.8.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where legally permissible.
27.8.2 If the provision cannot be modified, it will be separated from these Terms without affecting the validity or enforceability of the remaining provisions.
27.9 Notices
27.9.1 Notices and communications under these Terms may be sent by:
(a) email;
(b) SMS;
(c) notification through the Colma Platform;
(d) post; or
(e) another communication method reasonably adopted by Colma.
27.9.2 A notice sent by email will generally be treated as received when it enters the recipient's email system, unless the sender receives an automated notice indicating that delivery failed.
27.9.3 A notice delivered through the Colma Platform will generally be treated as received when it becomes available within the Member's account.
27.9.4 Members must keep their contact details accurate and current.
27.9.5 Colma is not responsible for delays caused by:
(a) outdated contact details;
(b) full or inaccessible email inboxes;
(c) blocked or filtered communications; or
(d) a Member's failure to review their account notifications.
27.9.6 This clause does not override any mandatory legal requirement concerning how particular notices must be delivered.
27.10 Electronic Acceptance and Communications
27.10.1 A Member may accept these Terms electronically by:
(a) selecting an acceptance checkbox;
(b) clicking an 'I agree', 'Continue', 'Join', 'Subscribe' or similar button;
(c) completing an online registration or payment process; or
(d) using the Services after being given reasonable access to the applicable Terms.
27.10.2 Electronic acceptance has the same contractual effect as a written signature to the extent permitted by applicable law.
27.10.3 Colma may retain electronic records showing:
(a) when the Member accepted these Terms;
(b) the version of the Terms accepted;
(c) the selected Membership;
(d) payment authorisations;
(e) booking confirmations; and
(f) other relevant account activity.
27.10.4 Members agree to receive contractual communications electronically, subject to any right they may have to request another legally recognised communication method.
27.11 Third-Party Service Providers
27.11.1 Colma may use third-party providers to support payment processing, accounting, scheduling, communications, mapping, customer support, cloud storage and other operational functions.
27.11.2 Third-party services may be subject to separate terms and operational limitations.
27.11.3 Colma is not responsible for third-party outages or failures outside its reasonable control, except to the extent responsibility cannot lawfully be excluded.
27.11.4 Colma may change third-party service providers where reasonably necessary to operate or improve its business.
27.12 Survival
27.12.1 Provisions that, by their nature, are intended to continue after termination, cancellation or expiry of a Membership will remain effective to the extent necessary.
27.12.2 Such provisions may include those dealing with:
(a) outstanding payments;
(b) completed work;
(c) privacy and personal information;
(d) intellectual property;
(e) limitations of liability;
(f) complaints and dispute resolution;
(g) governing law; and
(h) record-keeping obligations.
27.13 Further Assurances
27.13.1 Each party agrees to take reasonable steps and provide reasonable information necessary to give effect to its obligations under these Terms.
27.13.2 This clause does not require a party to incur unreasonable expense or accept obligations not otherwise contemplated by the agreement.
28. Acceptance, Acknowledgements and Commencement
28.1 Acceptance of Terms
28.1.1 By registering an account, purchasing a Membership, submitting a Repair Request, booking an appointment or otherwise accessing the Services, the Member acknowledges that they have had a reasonable opportunity to read these Terms and agrees to be bound by them.
28.1.2 If a person does not agree to these Terms, that person must not purchase a Membership or use the Services.
28.1.3 Where a person accepts these Terms on behalf of a company, trust, body corporate, property management business or another organisation, that person confirms that they are authorised to bind the relevant entity.
28.2 Membership Acknowledgements
28.2.1 By purchasing a Membership, the Member acknowledges and agrees that:
(a) Colma provides a subscription-based property maintenance and repair service;
(b) the Services available depend on the selected Membership and its stated inclusions;
(c) each Membership is subject to an applicable Membership Term;
(d) repair allowances are subject to the annual limits, measurement requirements and service conditions stated in these Terms and the applicable Membership details;
(e) Care, Care Plus and Total Care each provide a maximum annual repair area of 3 square metres, subject to the applicable Membership structure and any other stated limits;
(f) differences between Memberships may include the inclusion or exclusion of paint, plastering, scheduling preferences or other stated benefits;
(g) a Repair Request may be divided into multiple damaged areas only where permitted by the applicable Membership rules;
(h) Repair Requests are subject to assessment, eligibility, contractor availability, safe access and service-area availability;
(i) waiting periods may apply in circumstances expressly stated in these Terms, including eligible early renewals;
(j) additional work outside the Membership inclusions may require a separate quotation and written approval;
(k) Membership fees and any applicable service fees must be paid when due;
(l) appointment dates and completion times may change due to weather, access, safety, operational capacity or other circumstances addressed in these Terms;
(m) colour matching and finishing outcomes may be affected by existing surface conditions, paint age, previous coatings, lighting and other factors;
(n) the Member must provide accurate information and disclose relevant Property conditions; and
(o) the Member remains entitled to any statutory rights that cannot lawfully be excluded.
28.3 Property Authority
28.3.1 The Member confirms that they own, manage, occupy or otherwise have lawful authority to request Services for the registered Property.
28.3.2 Where the Member is not the Property owner, the Member confirms that all necessary permissions have been obtained before submitting a Repair Request.
28.3.3 The Member is responsible for ensuring that Colma and its contractors are permitted to enter the relevant work area at the scheduled time.
28.3.4 Colma may request evidence of authority where reasonably necessary.
28.4 Accuracy of Information
28.4.1 The Member confirms that information provided during registration, Membership selection and Repair Request submission is accurate and complete to the best of the Member's knowledge.
28.4.2 The Member must promptly update information that becomes inaccurate, including:
(a) contact details;
(b) Property ownership or management details;
(c) occupancy arrangements;
(d) access instructions;
(e) payment details;
(f) the condition or dimensions of the requested repair area; and
(g) information relevant to safety or contractor access.
28.4.3 Providing inaccurate, incomplete or misleading information may result in reassessment, rescheduling, additional charges for separately approved work, suspension or termination in accordance with these Terms.
28.5 Platform Records and Communications
28.5.1 The Member acknowledges that Colma may maintain records of account activity, Membership selections, uploaded photographs, measurements, communications, quotations, payments, appointments and completed Services.
28.5.2 Such records may be used for:
(a) administering the Membership;
(b) scheduling and delivering Services;
(c) confirming the repair area and applicable Membership limits;
(d) reviewing workmanship and contractor performance;
(e) handling complaints or disputes;
(f) preventing misuse of the Services;
(g) complying with legal obligations; and
(h) other lawful purposes described in Colma's privacy documentation.
28.5.3 The Member is responsible for reviewing booking details, quotations and account notifications and informing Colma promptly of any apparent error.
28.6 Commencement of Membership
28.6.1 A Membership commences on the date confirmed by Colma after:
(a) the Member completes the registration or purchase process;
(b) the Member accepts these Terms;
(c) the relevant Property is accepted within an available service area;
(d) the required payment or payment authorisation is received; and
(e) any other stated registration requirements are satisfied.
28.6.2 The Membership commencement date, Membership Term and applicable renewal date may be displayed in the Member's account or confirmed by email.
28.6.3 Access to particular Services may remain subject to:
(a) an applicable waiting period;
(b) assessment of the requested work;
(c) confirmation of contractor availability;
(d) verification of Property details; and
(e) compliance with these Terms.
28.7 Subsequent Versions of These Terms
28.7.1 Colma may update these Terms in accordance with the variation and notice provisions stated elsewhere in the agreement.
28.7.2 Where updated Terms apply, Colma may request that the Member acknowledge or accept the updated version through the Colma Platform or another electronic communication method.
28.7.3 The version applicable to a particular Membership, renewal, Repair Request or quotation will be determined by:
(a) the date of acceptance;
(b) the notice provided;
(c) the nature of the relevant transaction; and
(d) any applicable legal requirements.
28.7.4 An update to these Terms does not retrospectively remove a right that has already accrued to the Member unless permitted by law and clearly agreed.
28.8 Final Acknowledgement
28.8.1 The Member acknowledges that:
(a) they have reviewed the applicable Membership details and pricing;
(b) they understand the relevant annual repair limits and service conditions;
(c) they understand that particular work may be excluded or require a separate quotation;
(d) they understand their responsibilities concerning access, accurate information and safe working conditions;
(e) they have had an opportunity to ask questions before purchasing a Membership; and
(f) they agree to receive Services in accordance with these Terms.
28.8.2 These Terms take effect from the date the Member accepts them or otherwise enters into an agreement with Colma for the relevant Services.