Last updated: 22 April 2026
Please read these Terms and Conditions (“Terms”) carefully before using the website at https://theprofessionalbuilder.com/ or purchasing any program, membership, or service (collectively, the “Service”) operated by Rossi Enterprises Limited trading as The Professional Builder (“The Professional Builder”, “we”, “us”, or “our”), a company registered in New Zealand.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.
1. Who We Are
The Service is operated by Rossi Enterprises Limited, a company registered in New Zealand, trading as The Professional Builder. The Professional Builder provides business coaching, education, and membership programs for owners of residential construction businesses, operating across New Zealand, Australia, the United Kingdom, the United States, and Canada.
For questions about these Terms, please contact us via our contact page.
2. Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and have the legal authority to enter into these Terms. If you are using the Service on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
3. The Service
The Professional Builder provides online and in-person business coaching, training programs, courses, memberships, and related educational content designed to help owners of residential construction businesses build more profitable and systemised businesses. The specific features, content, and scope of the Service may change from time to time at our discretion.
We do not guarantee any specific business outcome, financial result, or level of success from participation in our programs. Results depend on many factors including your individual effort, experience, market conditions, and business circumstances.
4. User Accounts
Some parts of the Service require you to create an account. You are responsible for:
- Providing accurate, current, and complete information when registering;
- Maintaining the confidentiality of your account credentials;
- All activity that occurs under your account; and
- Notifying us immediately at our contact page if you become aware of any unauthorised use of your account.
You may not share your account credentials with any other person or allow any other person to access content or programs through your account.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any way that violates any applicable law or regulation;
- Reproduce, distribute, publish, or commercially exploit any content from the Service without our express prior written consent;
- Share, resell, or sublicense access to any program, course, or membership to any third party;
- Use automated tools, bots, scrapers, or similar means to access or extract content from the Service;
- Upload, post, or transmit any material that is harmful, offensive, defamatory, or that infringes any third-party rights;
- Attempt to gain unauthorised access to any part of the Service, its servers, or any systems or networks connected to the Service;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity; or
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that we determine, in our sole discretion, may harm us or other users.
6. Intellectual Property
The Service and all of its content — including but not limited to text, graphics, logos, methodologies, frameworks, course materials, videos, audio recordings, worksheets, templates, and training materials — are the exclusive property of Rossi Enterprises Limited (trading as The Professional Builder) or our licensors, and are protected by copyright, trademark, and other intellectual property laws.
Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited licence described below.
Limited Licence
Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service and its content solely for your own personal business education purposes. This licence does not permit you to:
- Copy, reproduce, modify, or create derivative works from any content;
- Distribute, publicly display, or perform any content;
- Use any content for commercial purposes other than in your own business; or
- Remove or alter any copyright, trademark, or other proprietary notices.
Any use of our content outside this limited licence requires our express prior written consent.
7. Subscriptions and Payment
7.1 Fees
Access to certain programs, courses, and memberships requires payment of fees. All applicable fees will be clearly communicated to you before purchase. We reserve the right to change our fees at any time, with reasonable notice provided for existing subscribers.
7.2 Billing
For subscription-based memberships, you authorise us (or our payment processor) to charge your nominated payment method on a recurring basis at the frequency specified at the time of purchase (monthly, quarterly, or annually). Subscription fees are billed in advance of each billing period.
It is your responsibility to ensure your payment details remain current. If a payment fails, we may suspend access to the Service until payment is received.
7.3 Cancellation of Subscriptions
You may cancel your subscription at any time by contacting us via our contact page or through your account settings where available. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until the end of the paid period. We do not provide partial refunds for unused time within a billing period.
7.4 Price Changes
We will give you at least 30 days’ written notice of any change to your subscription price. If you do not cancel your subscription before the new price takes effect, your continued use of the Service will constitute acceptance of the new price.
8. Refund Policy
8.1 Digital Programs and Courses
Because our programs and courses provide immediate access to digital content, we do not offer refunds once you have accessed the program materials. If you purchase a program and have not yet accessed the content, you may request a refund within 14 days of purchase by contacting us at our contact page.
8.2 Memberships
Membership fees are non-refundable. You may cancel your membership at any time and retain access until the end of your current billing period.
8.3 Statutory Rights
Nothing in this refund policy limits or excludes any rights you may have under applicable consumer protection laws in your country or state of residence. Where mandatory statutory refund or cancellation rights apply — including under the Australian Consumer Law, the New Zealand Consumer Guarantees Act, the UK Consumer Rights Act 2015, applicable US state consumer protection laws, or applicable Canadian federal or provincial consumer protection legislation (including the Competition Act and provincial consumer protection acts) — those rights are not affected by this policy. If you believe a statutory right applies to your circumstances, please contact us to discuss.
8.4 Exceptional Circumstances
We will consider refund requests outside the above policy on a case-by-case basis where exceptional circumstances exist (for example, where we are unable to deliver the Service due to a fault on our end). Please contact us to discuss.
9. SMS Messaging Programme
The Professional Builder (operated by Rossi Enterprises Limited) operates an SMS messaging programme. By opting into this programme, you agree to receive text messages from us at the phone number you provide, which may include appointment reminders, membership updates, responses to your enquiries, and marketing communications such as special offers and product updates. Where required by applicable law — including Canada’s Anti-Spam Legislation (CASL) — we will only send commercial electronic messages with your express or implied consent, and you may withdraw consent at any time as described below.
How to opt out: Text STOP to +61 483 953 255 at any time. You will receive a confirmation message and no further messages will be sent.
Support: For help, reply HELP to any message, call +64 9 368 1036, or visit our contact page.
Rates: Message and data rates may apply. Message frequency varies depending on your interaction with us. Contact your wireless provider for information about your plan.
Carrier liability: Carriers are not liable for delayed or undelivered messages.
For information on how we handle your personal information, please see our Privacy Policy.
10. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by The Professional Builder. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of or reliance on any such third-party content, goods, or services.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind — whether express, implied, or statutory — including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
We do not warrant that:
- The Service will be uninterrupted, timely, secure, or error-free;
- Any errors or defects in the Service will be corrected;
- The Service or any content is free from viruses or other harmful components; or
- Participation in our programs will produce any particular business or financial result.
Any content on the Service is provided for general educational purposes only and does not constitute professional financial, legal, accounting, or other professional advice.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Rossi Enterprises Limited, its directors, officers, employees, agents, contractors, licensors, or affiliates (collectively, “The Professional Builder Parties”) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses — arising out of or in connection with:
- Your access to or use of (or inability to access or use) the Service;
- Any content obtained from or through the Service;
- Unauthorised access to or alteration of your data or transmissions; or
- Any other matter relating to the Service;
even if we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the total aggregate liability of The Professional Builder Parties to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of:
- The total amount you paid us in the three (3) months immediately preceding the event giving rise to the claim; or
- NZD 100.
Some jurisdictions do not allow the exclusion or limitation of certain damages. Where applicable law does not permit the exclusion or limitation of liability as described above, our liability to you will be limited to the minimum extent required by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless The Professional Builder Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to the Service;
- Your breach of these Terms;
- Your violation of any applicable law or the rights of any third party; or
- Any content you submit, post, or transmit through the Service.
14. Termination
We may suspend or terminate your access to all or part of the Service immediately and without prior notice or liability if:
- You breach any provision of these Terms;
- We reasonably believe your conduct poses a risk to us, other users, or third parties; or
- We decide to discontinue the Service or any part of it.
Upon termination, your right to use the Service will cease immediately. If your access is terminated due to a breach of these Terms, you are not entitled to a refund of any fees paid.
All provisions of these Terms that by their nature should survive termination shall do so, including without limitation: Intellectual Property (Section 6), Disclaimer of Warranties (Section 11), Limitation of Liability (Section 12), Indemnification (Section 13), and Governing Law (Section 15).
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
15.2 Consumer Rights Preserved
Notwithstanding Section 15.1, where you are a consumer and applicable law in your country or province of residence provides rights and protections that cannot be excluded or limited by contract — including under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, the UK Consumer Rights Act 2015, applicable US state consumer protection statutes, or applicable Canadian federal or provincial consumer protection legislation — those rights are not limited or excluded by these Terms.
15.3 Informal Dispute Resolution
We encourage you to contact us in the first instance to resolve any concern or dispute informally. You can reach us via our contact page. We will use reasonable efforts to resolve disputes amicably within 30 days of receiving written notice of a dispute. Neither party may commence formal proceedings (arbitration or litigation) until the 30-day informal resolution period has elapsed, except where emergency relief is required.
If a dispute cannot be resolved informally, it shall be resolved as described in Sections 15.4 and 15.5 below, or — where those sections do not apply — shall be subject to the exclusive jurisdiction of the courts of New Zealand, subject to any mandatory jurisdictional rights you may hold as a consumer under the laws of your country of residence.
15.4 Mandatory Arbitration (United States)
If you are located in the United States, you and The Professional Builder agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally under Section 15.3 shall be resolved exclusively by binding individual arbitration, rather than in court, except as provided below.
Arbitration rules. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at adr.org). The arbitration may be conducted remotely by video or telephone, or at a mutually agreed location. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Small claims exception. Either party may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, provided the claim qualifies and remains within that court’s jurisdiction.
Emergency relief. Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Seeking emergency relief does not waive the right to arbitrate the underlying claim.
Arbitration costs. We will pay all AAA filing, administration, and arbitrator fees for claims that do not exceed USD $10,000, unless the arbitrator finds the claim was frivolous or brought in bad faith. For claims exceeding USD $10,000, the AAA’s standard Consumer fee schedule applies.
Opt-out right. You may opt out of this arbitration agreement by sending us written notice within 30 days of the date you first accepted these Terms. Notice must be sent via our contact page and must include your name, the email address associated with your account, and a clear statement of your intent to opt out. If you opt out, neither party will be required to arbitrate disputes with the other.
Scope. This Section 15.4 applies only to users located in the United States and only to the extent permitted by applicable law. It does not apply to users in the United Kingdom, Australia, New Zealand, or Canada, where mandatory pre-dispute arbitration of consumer claims may be unenforceable under applicable consumer protection law.
15.5 Class Action Waiver
To the maximum extent permitted by applicable law, you and The Professional Builder agree that any dispute between us shall be resolved only on an individual basis. You waive any right to bring or participate in any class action, collective action, consolidated proceeding, or representative action against The Professional Builder.
Where this waiver applies and a dispute is subject to arbitration under Section 15.4, the arbitration shall be conducted solely on an individual basis. The arbitrator has no authority to consolidate claims or conduct a class proceeding.
If a court of competent jurisdiction determines that the class action waiver in this section is unenforceable with respect to a particular claim or remedy, then that specific claim or remedy may proceed in court rather than arbitration, but this waiver shall remain fully enforceable as to all other claims.
Scope. This class action waiver does not apply in jurisdictions where such waivers are unenforceable as a matter of law, including under the UK Consumer Rights Act 2015, the Australian Consumer Law, applicable New Zealand consumer legislation, or applicable Canadian provincial legislation. Users in those jurisdictions retain whatever rights they have to participate in group or representative proceedings under applicable law.
16. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. If a change is material, we will provide at least 30 days’ notice before the new terms take effect. A material change is any change that affects your rights or obligations under these Terms. What constitutes a material change will be determined in good faith by us.
Notice of changes may be provided by email to the address associated with your account, by a notice on our website, or by other reasonable means. It is your responsibility to ensure your contact details are kept up to date.
By continuing to access or use the Service after revised Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and The Professional Builder with respect to the Service, and supersede all prior agreements, representations, and understandings.
17.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
17.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any provision shall only be effective if made in writing and signed by an authorised representative of The Professional Builder.
17.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights hereunder without restriction.
17.5 No Professional Advice
Nothing in the Service or our programs constitutes financial, legal, accounting, tax, or other professional advice. You should consult qualified professionals before making business decisions.
18. Contact Us
If you have any questions about these Terms, please contact us:
- Website: https://theprofessionalbuilder.com/contact
- Phone: +64 9 368 1036
- Legal entity: Rossi Enterprises Limited trading as The Professional Builder
These Terms and Conditions were last updated on 22 April 2026. Please check back periodically for updates.
