1. THE SITE AND THE SERVICE. Through the Site, the Company offers a platform through which landlords may advertise and manage their properties, find new tenants, generate rental invoices, collect rental payments, and store documents and photos related to their properties (the “Services”).
Apart from enabling landlords to find tenants for their properties, the Company accepts no liability for any aspect of landlord and tenant interaction, including but not limited to the description of any property offered and the performance of any service. The Company has no obligation whatsoever to any User to assist or involve itself in any way in any dispute between a landlord and a tenant.
All information relating to properties and tenants is supplied by users of the Site. The Company does not have any ability or responsibility to review, approve or verify any user posted information prior to publication on the Site.
The User expressly agree that the Company has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any postings by users (including all landlords and tenants), including, but not limited to, the condition of any property, the honesty or accuracy of any information concerning a prospective tenant, or the ability of a prospective tenant to pay rent.
Reliance on any information provided by the Company, the Company's employees, contractors or agents, any other visitor to the Site, or any other person or entity posting content on the Site at the Company's invitation, is solely at the User's own risk
b. The Company reserves the right to refuse any advertisement request for any reason. Where an advertisement is refused, the relevant fee(s) paid will be refunded.
c. The User agrees to respond to all enquiries within 72 hours. An advertisement with unread enquiries for a period greater than 72 hours will be marked inactive. The Company reserves the right to close any inactive advertisement.
d. The User agrees to close an advertisement within 72 hours of entering into a tenancy agreement. The Company reserves the right to close an advertisement it believes has been leased or where the available date has been changed by a period of more than 4 weeks.
e. To activate a closed advertisement, the User must pay the advertisement fee as described elsewhere on the Site.
f. A User may claim the MyProperty Money Back Guarantee and receive a full refund of their Listing Fee subject to the following conditions:
(i) The guarantee is only valid for advertisements created after 1 November, 2016.
(ii) A claim is only valid where a property has been advertised for a minimum of 30 days.
(iii) A claim is only valid where a property is vacant and is still available for rent.
(iv) A claim may only be made within 60 days from the payment date.
(v) A claim is only valid where an advertisement has generated no Enquiries or Applications.
(vi) Enquiries are measured according to the activity report produced by realestate.com.au for that advertisement, and is defined as any of the following: 'Email to Agent', 'Applications for Property', 'Emailed Directions', 'Inspection Times Reveals', 'Inspection Times Saves', 'Phone Reveals'
a. To be eligible to use the Service, the User must be at least 18 years of age. Persons younger than 18 years of age should not browse the Site.
b. The User must provide information that is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall promptly notify the Company of any such change within a reasonable amount of time.
c. The User may not through the Site use false identities, impersonate any other person or entity, including, but not limited to, a Company official, forum leader, guide or host, falsely state or otherwise misrepresent your affiliation with a person or entity, or use a username and password that the User is not authorized to use.
d. Where the User is the owner of the property, the User must provide documentation to verify ownership of the property. The following documentation is accepted: a current rates notice, a land titles document, building insurance statement or bank documentation. The documentation provided must clearly display the Users name and the advertised property address.
e. Where the User is not the owner of the property, the legal owner must provide the Company with (1) Written authority to advertise the property. (2) Proof of ownership documentation. The following documentation is accepted: a current rates notice, a land titles document, building insurance statement or bank documentation. The documentation provided must clearly display the owners' name and the advertised property address. (3) Identification documentation. The following identification documentation is accepted: a scanned drivers license, medicare card or passport.
4. GENERAL RESTRICTIONS ON USE.
a. The Company grants the User a limited license to access and make personal use of the Site. However the User must not download from the Site (other than page caching) or modify it (or any portion thereof) in any way, except with express written consent of the Company. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
b. The User agrees not to:
i. use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site (including, but not limited to, disrupting the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchange);
ii take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
iii upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
iv. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
v. use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site.
c. Neither the Site nor any portion of it may be reproduced, duplicated, copied, altered, modified, reproduced, reverse assembled, reverse compiled, sold,
d. Any breach of this Agreement (including any unauthorized use of the Site) terminates all permissions or licenses granted by the Company. Upon termination, the User must destroy any copies you have made of the content of the Site, such as text, graphics, images and information (" Site Content").
e. The User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
f. Title to all Site Content remains with Company or its licensors. Any use of the Site Content not expressly permitted by the Agreement is a breach of the Agreement, as well a breach of copyright and trademark, and other laws.
g. Site Content and features are subject to change or termination without notice at the editorial discretion of Company.
5. SPECIFIC RESTRICTIONS
In this Agreement, "User Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, ideas, suggestions, documents, proposals or other materials.
The User agrees not to use the Site to:
a. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
d. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
g. intentionally or unintentionally violate any applicable local, state, national or international law,
h. "stalk" or otherwise harass another; and/or
i. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a. through h. above.
6. USER ACCOUNT. The User may register to the Site with an account in order to make use of certain functions and/or the Service (the “User Account”). The User is responsible for maintaining the confidentiality of the username and password that the User designates during the registration process and
The User must take all reasonable steps to (i) control the dissemination and use of any sign-in name, screen name or passwords designated by the Company or the User; and (ii) authorise, monitor, and control access to and use of your Company account and password.
The User agrees to: (i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security or reason for which a password needs to be deactivated, and (ii) ensure that the User exits from the User Account at the end of each session. The Company will not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User should use particular caution when accessing the User Account from a public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or other personal information. The Company reserves the right to terminate or suspend any User’s User Account and/or access to the Site and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement.
7. RESTRICTIONS ON USER-GENERATED CONTENT
a. The User agrees and acknowledges that:
i. all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, ideas, suggestions, documents, proposals or other materials ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that the person or business that posted the User Content, and not Company, are entirely responsible for all User Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Site.
ii. the Company does not control the User Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of any User Content;
iii. in using the Site, you may be exposed to User Content that is offensive, indecent or objectionable; and
iv. under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site
b. The User agrees that in using the Service and the Site, the User shall not post any User Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of the Company); (v) may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any Internet Service Providers or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
c. If the User makes any submission to a public area of the Site, or submits any business information, idea, concept or invention to Company by email, you warrant that you are the owner of that User Content or that you have all rights required to make that submission, and that at submission to the Site you transfer ownership of that User Content to Company. The Company may then use, reproduce, create derivative works from, modify, publish, adapt, edit, translate, distribute, perform, and display such communication or content throughout the world in any media or medium, or any form, format, or forum now known or hereafter developed. The User also grants the Company and its sublicensees the right to use the name that the User submits in connection with such communication or content, if the party so chooses.
If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the User Content areas of the Site or to Company by email.
d. By submitting User Content to the Site, the User represents and warrants that the User owns or otherwise controls all of the rights to the posted User Content and that the User Content is accurate.
e. By submitting User Content to the Site, the User acknowledges and agrees that:
i. this Agreement applies to the User’s submission of the Content and the Company’s use of such Content;
ii. such User Content does not contain confidential or proprietary information; and
iii. the Company is not under any obligation of confidentiality, express or implied, with respect to the User Content.
f. The User acknowledges that the Company may or may not pre-screen User Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, Company and its designees shall have the right to remove any User Content that violates there Agreement or is otherwise objectionable. The User agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Company or submitted to Company, including without limitation information in Company message boards and in all other parts of the Site.
g. You acknowledge, consent and agree that Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
i. comply with legal process;
ii enforce the Agreement;
iii. respond to claims that any User Content violates the rights of third parties;
iv. respond to your requests for customer service; or
v. protect the rights, property or personal safety of Company, its users and the public.
h. The User acknowledges that the technical processing and transmission of the Site, including your User Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of connecting networks or devices.
i. The User acknowledges that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
j. If you make any submission of User Content, you agree that you will not send or transmit to Company by email (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Company by email, you agree such submission is non-confidential for all purposes.
8. USER CONTENT - MEDIA
a. The User agrees only to post or upload image, video and audio files (together, "Media") that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
b. To protect privacy, the User agrees not to submit any media that contains the Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading Media of other people without their permission is strictly prohibited.
c. By uploading any Media on the Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
d. It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations.
e. The Company reserves the right, but has no obligation, to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
9. TITLE TO MEDIA
By uploading any Media:
a. you warrant that you are the owner of the Media or have all rights required to make that submission, and at upload you transfer ownership of that Media to Company who may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed;
b. you warrant that any person pictured in the submitted Media (or, if a minor, his/her parent/legal guardian) authorises Company to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and
c. you agree to indemnify Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
10. USER CONTENT AREAS
If the User uses a message board, blog, or other areas of the Site where user posted content is permitted (together "User Content Areas"), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the User Content Areas. Company and its licensors are not responsible for the consequences of any communications in the User Content Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. In consideration of being allowed to use the User Content Areas, the User agrees that the following actions constitute a material breach of the Agreement:
a. using a User Content Area for any purpose in violation of local, state, Commonwealth, or international laws;
b. posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c. posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Company in its sole discretion;
d. after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
e. posting chain letters or pyramid schemes;
f. impersonating another person;
g. distributing viruses or other harmful computer code;
h. harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
i. allowing any other person or entity to use your identification for posting or viewing comments
j. posting the same note more than once or "spamming"; or
k. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the User Content Areas or the Site, or which, in the judgment of Company, exposes Company or any of its customers or suppliers to any liability or detriment of any type including loss or disparagement of reputation.
The Company Reserves the right (but is not obligated) to do any or all of the following:
a. record the dialogue in public chat rooms;
b. investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
c. remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the Agreement;
d. terminate a user's access to any or all User Content Areas and/or the Site upon any breach of the Agreement;
e. monitor, edit, or disclose any communication in the User Content Areas; or
f. edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.
However, neither the Company nor its licensors have any liability or responsibility whatsoever to users of the Site or any other person or entity for performance or non-performance of the above-mentioned activities
11. CONSENT TO OVERSEAS DISCLOSURE OF PERSONAL INFORMATION
Using the Site may result in the User's personal information being disclosed to recipients located outside Australia. This is because:
a. in using Company services to send electronic communications (including but not limited to email, search queries, sending messages to the Site and other Internet activities), you will be causing communications to be sent through Company's computer networks, portions of which may be located outside of Australia. As a result of this, together with the Company's network architecture and business practices and the nature of electronic communications, even communications that seem domestic in nature can result in the international transmission of information, regardless of where you are physically located at the time of transmission; and
b. in order to provide its services to you, Company may need to disclose your personal information directly to a person located outside Australia. For example, to providers of:
- analytics software and services such as: MixPanel, Google Analytics and KissMetrics;
- payment platform such as Stripe;
- communication services such as Twilio; and
- email, such as Mailchimp.
By agreeing to be bound by the Agreement, the User:
i. consents to your personal information being disclosed to recipients located outside Australia, as described in this section 7.1; and
ii. acknowledges that as a result of your consent to these disclosures:
- Company will not be liable under the Privacy Act 1988 (Cth) ("Privacy Act") if an overseas recipient breaches the Australian Privacy Principles when handling your personal information; and
- you will not be able to seek redress under the Privacy Act for any breach of the Australian Privacy Principles by an overseas recipient of your personal information; and
iii. acknowledges that:
- an overseas recipient of your personal information may or may not be subject to privacy obligations or principles similar to the Australian Privacy Principles; and
- if a overseas recipient mishandles your personal information, you may or may not be able to seek redress in the country where the recipient is located.
a. From time to time Company may impose fees for use of certain Company or third party services offered on the Site.
b. If you elect to receive any or all of these fee based services, Company may require you to enter into a further agreement as to those fee based services.
13. TERM AND TERMINATION. This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may cancel the User Account and participation in the Service at any time by emailing email@example.com. Notwithstanding anything contained in this Agreement to the contrary, the Company may, in its sole discretion, terminate the User Account, and discontinue the User’s participation in the Service. Reasons for the Company’s determination to so terminate or discontinue the User’s Account or participation as provided for above, include, but are not limited to, if the Company believes that the User has violated this Agreement or other policies or guidelines of the Service or that of any other party, or if the Company believes that the User’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: clauses 7, 8, 9, 10, 11, 13, 14, 16, 17, 18, 19, 26.
14. INTELLECTUAL PROPERTY. The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of the Company or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the User.
15. NOTICE AND TAKEDOWN PROCEDURES, AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Company at firstname.lastname@example.org and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
16. COMMUNICATIONS. The Company and any other person or entities involved in the operation of the Site shall be free to monitor, retrieve, store, reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The Company cannot and does not assume any responsibility or liability for any Communications the User submits, or the use or misuse (by the User or any third party) of information transmitted or received using Company tools and services.
17. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS LICENSORS, OR ITS SUPPLIERS, BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY SERVICE OFFERED BY THE COMPANY, ANY INTERACTION BETWEEN ANY LANDLORD AND TENANT THAT COME INTO CONTACT THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
None of the Company, its licensors, its suppliers, or any third party mentioned on the Site is liable for any personal injury, including death, caused by the User's use or misuse of the Site, Site Content, or User Content Areas. Any claim arising in connection with your use of the Site, any Site Content, or the User Content Areas must be brought within one (1) year of the date of the event giving rise to such claim occurred. Remedies under the Agreement are exclusive and are limited to those expressly provided for in the Agreement.
18. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. NONE OF THE COMPANY, ITS LICENSORS OR ITS SUPPLIERS MAKES ANY WARRANTY (STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS SITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
19. INDEMNIFICATION. The User agrees to indemnify, hold harmless and defend the Company, along with its officers, directors, employees, agents, licensors and suppliers from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach, alleged breach or threatened breach by the User; (ii) the User’s use of the Site or any service offered by the Company, including any interaction between a landlord and tenant that connect through the Site; (iii) any unacceptable, unlawful, or objectionable use of the Site or any service offered to the User by the Company; or (iv) any negligent or willful misconduct by the User.
20. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
21. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in the User’s location.
22. THIRD PARTY LINKS. There are links on the Site that lead to third party sites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH SITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT RECOMMEND OR ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. Your use of third-party websites is at your own risk and subject to the terms and conditions of use and privacy policies of such sites.
23. MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be User’s only notification of any such change. Any use of the Site or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon the Company.
24. FORCE MAJEURE. In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “ Force Majeure Event”)
25. SEVERABILITY. The Agreement is governed by the laws of Victoria, Australia, without respect to its conflict of laws principles. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
26. VENUE. The Company is based in Victoria, Australia. Access to Site Content may not be legal by certain persons or in certain countries. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to the principles of conflict of laws. The User expressly agrees that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Site, resides in the courts of Victoria Australia, and the User further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Victoria in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
ADDITIONAL TERMS AND CONDITIONS APPLYING TO LANDLORD SERVICES
"Landlord Services" include but are not limited to:
- collection of rent and bond amounts and remittance to the landlord;
- issuing reminder notices in respect of unpaid rent;
- providing a facility on the Site through which maintenance requests may be logged;
- advertising properties for lease on the Site; and
- electronic storage of lease agreements for Properties and other documents relating to the lease of Properties.
Each of the Landlord Services is subject to change or termination without notice at the discretion of Company.
The Company may revise and update these Terms at any time. Your continued usage of the Site and/ or the Landlord Services confirms that you have accepted any changes to these Terms and/ or our policies relating to Landlord Services.1. DEFINITIONS
"Property" means a parcel of real property owned by the User and registered on the Site in accordance with the Agreement.
"Tenant" means, for a Property, a person who has agreed to rent that Property from the User.2. COLLECTION OF RENT FROM TENANTS
The Company will use a third party service provider (Secure Pay) to debit rental amounts from Tenants' bank accounts. Debited amounts will be deposited into a bank account in the name of the Company. After collecting a rental amount from a Tenant, we will deduct any fees or other amount due to us under these Terms and the Agreement, and will transfer the balance to you within  days of receipt by us. In order to use this Landlord Service you must first agree to Secure Pay's Terms and Conditions, located at: [securepay.com.au/contact-us/terms-and-conditions/].3. COLLECTION OF BOND AMOUNTS
The amount of bond payable by a Tenant for a Property will be included in the first amount that we request the Tenant to pay in relation to the Property. Any bond amount that is paid to us by a Tenant will be deposited into a bank account in the name of the Company and remitted to the User in full, within  days of receipt by us. It is the User's sole responsibility to ensure each bond amount is deposited with the correct regulatory authority. Except as specified in this clause 3, the Company will have no responsibility for: (a) the collection of any bond amount from a Tenant; (b) the payment of any bond amount to a regulatory authority; or (c) the return of any bond amount to a Tenant.4. UNPAID AMOUNTS
If we do not receive a rental payment or bond amount from any Tenant when due and in the full amount, we will notify you by email. For any missed or insufficient payment by a Tenant, we will send one reminder notice to that Tenant, by email. Other than this it is your sole responsibility to collect unpaid amounts from your Tenants. We will have no liability whatsoever with respect to: (a) the collection of any amount that is due to you from a Tenant but remains unpaid; or (b) the eviction of any Tenant from a Property.5. MAINTENANCE
If a Tenant wishes to request that maintenance work be carried out on a Property, s/he may log a "job request" setting out the details of the required maintenance work, using the Tenant's account on the Site. When reviewing a job request on the Site, you will be shown relevant service providers near to the Property. Except for providing the services described above, the Company will have no liability whatsoever for resolving any problem or maintenance issue that arises with respect to any Property.6. LEGAL DOCUMENTS
From time to time (and in our sole discretion) we may make available standard form tenancy agreements for you to use. However, we give no representation or advice whatsoever as to the suitability of any standard form agreement provided by us for your particular circumstances. It is your sole responsibility to obtain legal advice on any agreement that you propose to enter into with a Tenant. The Company provides no legal advice to any User.7. EXPENSES AND BODY CORPORATE ISSUES
You will have sole responsibility for invoicing Tenants for expenses related to their occupation of your Property (for example, water usage charges), and for collecting such amounts from Tenants. You will also have sole responsibility for resolving any issues or disputes that arise as between any Tenant and any Body Corporate involved in the management of a Property. The Company will have no liability whatsoever in respect of these matters.8. PROPERTY INSPECTIONS
It is your sole responsibility to arrange for and carry out physical inspections of your Properties. The Company will have no liability whatsoever in connection with the conduct of any physical inspection of any Property.
We may from time to time elect to provide on the Site a list of third parties who are available to carry out property inspections on your behalf (Property Inspectors), however the Company has no obligation to provide this information. If the Company does choose to list Property Inspectors on the Site, engagement of such service providers is entirely at your own risk. We will have no liability whatsoever in respect of: (i) any Property inspection undertaken by a Property Inspector; or (ii) the conduct of any Property Inspector.9. FEES
You must pay us the fees in respect of Landlord Services notified to you from time to time on the Site. Our current fees for Landlord Services are set out here: http://myproperty.com.au