These terms and conditions are effective as of 1 July 2019.
Thank you for your interest in OurProperty.com.au. The Website and the Platform are owned and operated by OurProperty.com.au Pty Ltd, ABN 14 617 498 576, (“OurProperty”, “OurProperty.com.au,” “we,” or “us”).
OurProperty provides Agents, Landlords and Tenants (collectively, “Customers,” and individually, “Customer”) an online Platform to facilitate the property management process and to solicit quotes from Tradies.
Your access to and use of the Platform is subject to the terms and conditions contained in this Terms of Service.
1.1 Meaning of Defined Terms
|Agent||A property agent appointed to provide management services for a property and registered to the Platform.|
|Job||A request submitted through the Platform by a Customer to Tradies requesting quotes for the performance of work or services.|
|Intellectual Property||The copyrighted material, trademarks, service marks, logos and other proprietary information of OurProperty.|
|Landlord||Owner of property who has appointed the Agent to manage the property on their behalf.|
|OurProperty Account||The account that is created through the Platform and attached to a particular Customer to allow the Customer to access the Payment Process Service.|
|Payment Process Service||The payment gateway facility available through the Platform.|
|Platform||The Website and any associated mobile applications or software including, but not limited to, any and all uses of OurProperty.com.au and their Services via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.|
|Quote||An offer to provide the requested services at a particular price.|
|Rent||Includes all rental payments and any other income paid by the Tenant to the Landlord through the Payment Process Service.|
|Payment Provider||The company engaged by us to provide the Payment Process Service and their managing financial institution.|
|Services||The property management services available through the Platform. The Services include any updates, enhancements and/or new features which OurProperty may add from time to time.|
|Services Profile||The profile posted by Tradies on the Platform providing relevant information including, qualifications, licences and the type of work or services they offer.|
|Service Provider||Agent and/or Tradie|
|Tenant||The person who at any time is renting or occupying a property managed by the Agent.|
|Tradie(s)||Professionals in various lines of work and commerce who register to the Platform in order to receive referrals for services.|
|Users||Agents, Landlords, Tenants, Tradies and any other party who uses or access the Platform.|
|User Content||Any information or documents posted to the Platform by Users or parties other than OurProperty including, but not limited to, opinions, advice, reviews, offers, messages, photos, profiles, emails, e-cards and other communications, submit materials, suggestions, ideas, comments and questions.|
|You||Customers & Tradies|
1.2 Rules for interpretation
The following rules of interpretation apply unless the context requires otherwise:
(a) Headings are for convenience only and do not affect interpretation;
(b) Reference to dollars or $ is to Australian currency;
(c) Reference to time is to Australian Eastern Standard Time (AEST);
(d) The singular includes the plural and vice versa;
(e) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(f) An agreement, representation or warranty:
in favour of two or more persons is for the benefit of them jointly and severally;
and on the part of two or more persons binds them jointly and severally;
(g) Reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
(h) Specifying anything in these Terms of Service after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary.
2. Acknowledgement and Acceptance
2.1 Your Unconditional Acceptance
This Platform and the Services are offered to you for use only in Australia and New Zealand and are conditioned upon your unconditional acceptance, without modification, on the following terms, conditions, and notices contained in this OurProperty Terms of Service. Please read this Terms of Service carefully.
Regardless of whether you register with the Platform, your use of the Platform and any related Services constitutes your agreement to all terms. If you do not agree to the Terms of Service, you must not use the Platform.
You agree and understand that certain features of the Platform may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms, and you further agree that a breach of those terms while you are accessing the Platform shall constitute a breach of this Terms of Service.
You acknowledge and agree that OurProperty may amend the Terms of Service at any time by posting a revised version of this Terms of Service on the Website or by notifying Customers directly in OurProperty’s sole discretion. Your continued use of the Platform after any changes are made to this Terms of Service shall constitute your consent to such changes.
OurProperty does not and will not assume any obligation to notify Customers of any changes to this Terms of Service, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of Service at the time of a transaction.
Use of the Platform is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the OurProperty Platform is not permitted by anyone under the age of 18. By using the OurProperty Platform you agree and warrant that you are 18 years of age or older and are capable of entering into legally binding contracts.
As a condition of your use of the Platform you must:
(a) use the Platform and all associated services in accordance with these Terms of Service and any applicable agency or third-party agreement;
(b) ensure that any information you provide is accurate and complete and is not likely to mislead or deceive; and
(c) comply with all applicable laws.
You agree that when using the Platform you will not:
(d) engage in any unlawful practices or any practices which could give rise to civil or criminal proceedings against you;
(e) upload or transmit any malware, viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws;
(h) frame or mirror any part of the Platform or use any screen scraping or data acquisition/consolidation without the express written approval of OurProperty;
(i) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Platform;
(j) restrict or prohibit anyone else from using the Platform;
(k) defame, abuse, harass, stalk or threaten or otherwise violate the legal rights of other Users; or
(l) provide any information or material that is false, inaccurate, unauthorised, illegal, incomplete, fraudulent, unlawful, threatening, defamatory, libellous, obscene, indecent, inappropriate, harmful, abusive, racist, inflammatory, pornographic.
OurProperty reserves the right to investigate and terminate your membership or registration if you have breached this Terms of Service, misused the Platform, or behaved in a way which could be regarded, in the opinion of OurProperty, as inappropriate, unlawful, illegal, or bringing disrepute to the Platform. OurProperty may terminate your access without notice and initiate appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, injunctions or other equitable remedies. OurProperty may, but is not obligated to, notify the relevant authorities of any suspected unlawful or illegal behaviour.
4.2 Modifications to Platform
OurProperty reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform or Services (or any part thereof) with or without notice. You agree that OurProperty shall not be liable to you or to any third party for any loses whatsoever that may be sustained as a result of any modification, suspension or discontinuance of the Platform or Services.
4.3 Blocking of IP Addresses
In order to protect the integrity of the Platform, OurProperty reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Platform.
OurProperty is compliant with all State and Commonwealth laws on privacy.
To use the Services: (a) an Agent must:
(i) register to use the Platform by providing current, complete and accurate information as prompted by the applicable registration form;
(ii) provide any and all verification documents as requested by OurProperty;
(iii) provide OurProperty with a signed authority in the form required from every Landlord to be registered to the Platform.
(b) a Landlord, Tenant or Tradie must:
(i) register to use the Platform by providing current, complete and accurate information as prompted by the applicable registration form;
(ii) provide any and all verification documents as requested by OurProperty.
Each Customer will be allocated a username and be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. You must not disclose any username or password for the Platform to any third party.
We may, but are not obligated or required to, at any time, request that you provide to us a form of identification or qualification (of our choosing) to verify your identity or qualification/s. A failure to provide such identification or qualification (to our satisfaction) may result in us terminating your registration at any time. Such checks are for OurProperty’s use and benefit only and are not a guarantee or acknowledgement of your identity or qualification.
It is your responsibility to ensure that your internet access is secure when using the Platform. If accessing the Platform through a mobile device you should ensure that the device is secure.
You must contact us as soon as reasonably practicable if you are aware or suspect that your username or password have been compromised or disclosed or an unauthorised person has gained access to your account.
You acknowledge that we are entitled to assume that any access to the Platform using your username and password is made by you, regardless of the true identity of the person who may be accessing the Platform. You remain liable for any use of the Platform with your username and password.
To the extent permitted by law, we are not liable to indemnify or otherwise compensate you for any loss or damage you may incur as a result of your failure to keep your password and account private and confidential.
5.2 Your Information
Upon using or registering for an account on the Platform, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to Tradies or to other Users connected with you on the Platform.
By providing this information to OurProperty, or by submitting a Job, you are requesting, and you expressly consent to having details of your Job sent to Tradies. You further consent to OurProperty’s use and display on the Platform of data records from information collected from your Job, including your first name and the nature of the
services you requested and your suburb/city. Such information helps other Customers evaluate and utilise OurProperty’s services.
If you accept a Quote from a Tradie, OurProperty will send additional identifying information such as your full name, contact phone number, email address, and physical address of the job location to the Tradie whose Quote you selected. This information will be sent to the Tradie whose quote you selected even if you are listed on any “Do Not Call” list.
You are responsible for ensuring that your information, personal or otherwise, on the OurProperty Platform is correct, complete and current at all times.
5.3 Agent Representations and Warranties
By registering to the Platform as an Agent you acknowledge and warrant that:
(a) you have registered to use the Platform as an agent for Landlords who have appointed you to act of their behalf and who have signed an authority to that effect;
(b) you will use the Platform in accordance with all relevant agency and tenancy agreements;
(c) you will use the Services and the Payment Process Service with the authority of and on behalf of the relevant Landlord; and
(d) OurProperty will not be responsible or liable for any and all costs, losses or expenses incurred as a result of any information provided by you which is incorrect, incomplete or unlawful or was provided outside of your authority.
6. Payment Process Service
6.1 Payment System
OurProperty offers a Payment Process Service to facilitate the payment and distribution of Rent.
Upon registration with OurProperty, the Agent must create an OurProperty Account for each Landlord by linking an active bank account, debit card, credit card or other authorised payment method.
An Agent must create an OurProperty Account before submitting a Job or directing rent from a Tenant.
OurProperty may limit or cancel a Customer’s use of the Platform’s Payment Process Service at any time within OurProperty’s sole discretion.
6.2 Payment of Rent
The Tenant linked to the OurProperty Account may pay rent into the OurProperty Account by any of the following methods:
(a) direct debit;
(b) credit card payment; or
(c) payment at an Australia Post Office.
The available payment methods may be changed from time to time.
6.3 Distribution of Rent
The Landlord may determine how Rent paid into their OurProperty Account is distributed. Rent may be distributed to any of the following parties:
(a) the Landlord;
(b) the Agent for any fees or commission owed; and/or
(c) Tradies for payment of an invoice.
The Landlord may determine the frequency at which Rent is distributed and may authorise a portion of Rent to be retained in a sinking fund for distribution at a later date.
6.4 Payment of Tradie Invoices
Payments for a Job will be due upon the Customer’s receipt of an invoice from the Tradie indicating that the Tradie’s work has been completed. Upon receipt of the Tradie’s written invoice, the Customer must make payment for the work completed through the Payment Process Service, or otherwise, pursuant to the terms of the agreement with Tradie.
If payment is not made through the Payment Process Service the Customer shall be solely responsible for making payment arrangements directly with the Tradie.
A Tradie may require a deposit prior to the Tradie’s commencement of the work. The deposit can be paid through the Payment Process Service, or otherwise, pursuant to the terms of the agreement with Tradie.
6.5 Tradie Charges
A Tradie may charge interest or a late fee for late payments. OurProperty shall not be liable for any claims relating to, or arising out of, charges to a Customer’s OurProperty Account authorised by the agreement with Tradie.
Fees may be charged by the Payment Provider depending on the payment method used.
You must pay the fees associated with any method by which you use the Platform and the Payment Process Service.
Fees are subject to change. Information about current fees and charges is available upon request.
7. Tradies Jobs
A Customer may submit a Job through the Platform. Customers must provide required information (e.g. what they want done, when they want it done, where they want it done) to submit a valid Job. All Jobs posted through the Platform must be lawful and not in breach of any Local Government law, State law, or Commonwealth law and in accordance with the tenancy agreement or the Landlords instructions.
A submitted Job should be descriptive enough to allow a Tradie to ascertain the necessary details to submit a fully informed Quote. After submission of a Job, OurProperty will inform Tradies with profiles that match the services requested.
OurProperty does not and cannot represent or warrant that there will be Tradies who are capable of or willing to complete the requested Job at the time and place requested or that the Customer will receive Quotes from Tradies.
A Quote can be submitted by a Tradie in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Job is specific enough to allow a Tradie to provide an accurate quote, which can include both material and labour costs when and if applicable, without an onsite visit.
An onsite estimate quote is used when a Tradie is only able to provide a detailed quote for a job upon completion of an onsite visit.
All quotes must include any applicable GST.
A Job includes a period of time in which Quotes may be submitted by Tradies; however, a Customer may accept a Quote at any time, thereby ending the quoting period before the fixed amount of time has passed. A Quote from a Tradie may be cancelled or retracted up until the point when the Customer accepts the Quote.
7.3 Agreement with Tradie
When a Customer accepts a Quote, the Customer enters a binding legal agreement between the Customer and Tradie to pay the Tradie for the service(s) to be provided. Accordingly, please consider carefully before your acceptance of a Quote from a Tradie.
7.4 Services Profile
OurProperty requires Tradies to post a Services Profile on the Platform. OurProperty does not review or verify the information or representations set forth in any Services Profile, as they are self-reported by the Tradies. Although OurProperty may take certain steps to examine the credentials of Tradies from time to time at OurProperty’s discretion, OurProperty makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Tradies if you elect to retain their services.
You should conduct your own investigation of Tradies to verify, amongst other things, that the information presented by the Tradie, including the information in the Tradie’s profile, is accurate. OurProperty does not warrant or represent information or documents provided by Tradies and expressly disclaims any warranties or representations as permitted by the law concerning such information.
7.5 Tenant’s Profile
OurProperty may require Tenants to post a Tenant’s Profile on the Platform. OurProperty does not review or verify the information or representations set forth in those Tenant’s Profile, as they are self-reported by the Tenant. Although OurProperty may take certain steps to examine the history of the Tenant from time to time at
OurProperty’s discretion, OurProperty makes no guarantees, promises, warranties or representations of any kind regarding the Tenant’s capacity to pay rent, pay for Services, pay for a quoted Job or maintain a property.
You should conduct your own investigation of Tenants to verify, amongst other things, that the information presented by the Tenant, including the information in the Tenant’s profile is accurate. OurProperty does not warrant or represent information or documents provided by Tenants and expressly disclaims any warranties or representations as permitted by the law concerning such information.
7.6 Background Checks
Background checks may be performed on the Tradie’s principal/owner named during the Tradie’s registration with OurProperty before joining OurProperty’s and thereafter from time to time at OurProperty’s discretion. Background checks on the principal/owner of the Tradie’s business reflect that individual’s background at the time of the search.
OurProperty does not and cannot warrant that the background check is up-to-date or current and makes no representations as to the extent of any background checks. Further, background checks are not applicable to any Tradie employees or workers except the principal/owner of the Tradie business named by the Tradie during registration.
7.7 Licensing and Insurance
Tradies are requested to post licensing information in their Services Profile. Different jurisdictions may require state and/or local licensing for certain services. Customers are responsible for determining which licenses, if any, are required for a Job.
Tradies warrant that they have the appropriate license/s and insurance to perform any Quote at the time of the providing the Quote and at the time of providing the service.
OurProperty does not, and cannot, guarantee that a Tradie providing a Quote for a Job holds the required licencing for that particular Job. Before you proceed with a project, you should confirm all licensing requirements with your State and local authorities and your selected Tradie. OurProperty always recommends that you ask the Tradie to provide you with a copy of their relevant license(s) to determine whether Tradies are appropriately licensed for the requested services.
Tradies may post information and documents concerning insurance policies covering their operations. While OurProperty does not verify this information, Tradies are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm the Tradie’s existing insurance coverage and limits.
Agents who use the platform are advised to extend their professional indemnity policy to cover general issues relating to on line payments as well as cyber attack and like cover.
7.8 Relationship between OurProperty and Tradies
OurProperty and Tradies are separate entities and the employee of one of those entities is not an employee of another entity. OurProperty is not an agent of Tradies and vice versa. OurProperty and its affiliated companies provide only a referral service to Tradies.
In no event will OurProperty be considered a general contractor, construction manager, project manager, employer, joint employer, joint venturer, or partner of Tradies or any of its affiliates or their respective personnel.
7.9 No Warranty or Endorsement of Tradie Services
OurProperty does not warrant or represent the services or identity of any particular Tradie. You expressly agree that your use of this Platform to engage Tradies for Jobs is at your own risk and that you are responsible for your own safety.
You acknowledge that OurProperty is not responsible or liable for any representation or misrepresentation by Tradies.
OurProperty does not, and cannot, guarantee the work, materials supplied, or services rendered by the Tradie. OurProperty has no obligation or relationship whatsoever to the Customer with regard to the provision of work, material or services by the Tradie.
7.10 Agreement to Communicate and Dispute Resolution
Customers dissatisfied with a Job performed by a Tradie agree to initiate communication with the Tradie to resolve any problems. If direct communications and efforts between the Customer and the Tradie do not satisfy the concerns, the Customer may contact OurProperty in writing to express dissatisfaction with the referral experience. In response, OurProperty may in its sole discretion contact the Customer and Tradie to facilitate further communication regarding the dissatisfaction. OurProperty is not responsible or liable to any Customer if a mutually acceptable resolution is not reached.
OurProperty will not directly participate in the resolution of any disputes between Customers and Tradies and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Customers.
The Customer is solely responsible for their interactions with Tradies.
This clause does not prevent any Customer from taking any other civil action to which they are entitled.
8. Content on Platform
8.1 Proprietary Rights
This Platform and the material within it, with exception of User Content, are owned by OurProperty and are under the copyright of OurProperty.
The Platform contains the Intellectual Property of OurProperty. Nothing on this Platform should be construed as granting, by implication, in equity or otherwise, any license or right to use any Intellectual Property displayed on the Platform, without the express prior written permission of OurProperty.
Other products and company names mentioned in this Platform may be the intellectual property of their respective owners.
8.2 Copyright Policy
Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any material on the Platform or Intellectual Property or any intellectual property of other parties without obtaining the prior written consent of the owner of such.
OurProperty can remove any User Content you post on the Platform if it breaches these Terms of Service.
If you believe your work has been copied and posted on the Platform in a way that constitutes infringement, please provide our copyright agent with the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the interest;
(b) a description of the work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Platform;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that you are the owner or authorised to act on the owner’s behalf.
A copyright agent for notice of claims of infringement can be reached as follows:
OurProperty, Pty. Ltd.
Attention: Legal, PO BOX 3325, Sunnybank South, Qld 4109, Australia.
8.3 Documents and Information Available on this Platform
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Platform is granted, provided that:
(a) The Copyright Policy above and this paragraph are included with such documents;
(b) Use of such documents from the Platform is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
(c) No modifications of any documents are made.
Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the OurProperty Platform or any other OurProperty owned, operated, licensed or controlled site.
Elements of OurProperty Platforms are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from any OurProperty Platform may be copied or re- transmitted unless expressly permitted by OurProperty.
8.4 User Content
You acknowledge that Users may post User Content to the Platform as long as the User Content is not:
(a) illegal or unlawful;
(c) inaccurate, false or misleading;
(d) defamatory, unlawfully threatening or unlawfully harassing;
(e) obscene or containing any illicit material;
other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
(g) prohibited on the Platform by these Terms of Service.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Platform. OurProperty reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who breaches this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators. It includes, but is not limited to, User Content that:
(a) Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) Harasses or advocates harassment of another person;
(c) Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(d) Promotes information that you know is false or misleading (including with respect to the identity of the party who will perform an accepted job);
(e) Promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;
(f) Promotesanillegalorunauthorisedcopyofanotherperson’scopyrightedwork, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
(g) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
(i) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(j) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and,
(l) Breaches consumer protection laws.
By posting User Content to the Platform, you automatically grant, and you represent and warrant that you have the right to grant to OurProperty, its agents, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub- licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorise sublicenses of the foregoing.
You further represent and warrant that public posting and use of your User Content by OurProperty will not infringe or breach the rights of any third party. You grant OurProperty and sub-licensees the right to use the name that you submit in connection with such content, if they choose. OurProperty takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You agree that all of the User Content and information posted on the Platform (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of OurProperty or the party posting such content. OurProperty reserves the right to remove, change or edit such User Content in its sole discretion.
You agree that:
User Content made available through the Platform, but not directly by OurProperty, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content.
OurProperty does not:
(a) Guarantee the accuracy, completeness, or usefulness of any User Content on the Platform; or
(b) Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform.
With exception of information that is generally accessible to the public, all information about Users is confidential and for your personal use only.
You acknowledge and agree that:
(a) In the event that you provide OurProperty with any feedback regarding the OurProperty service or the Platform, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Services or the Platform, you hereby assign to OurProperty all rights in the feedback, including but not limited to, the right to use such feedback and related information in any manner we deem appropriate.
(b) The provision of information, including feedback and complaints, to OurProperty does not create an obligation on OurProperty to take any action and OurProperty is not liable for any failure to act on any information provided to us.
The Platform or third parties may provide links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website.
Because OurProperty has no control over such sites and resources, you acknowledge and agree that OurProperty is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that OurProperty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
9. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law:
(a) Neither you nor us shall be in breach of this Terms of Service due to failure of performance that arises out of causes beyond its reasonable control.
(b) Under no circumstances will OurProperty or any of its agents, licensees, affiliates, advertisers, promoters or distribution partners be liable to you, a Customer, a Tradie or any third party for any incidental or consequential loss (which includes loss of profit, loss of opportunity or damages otherwise) whether in contract or in Tort resulting from anyone’s use of the OurProperty Platform, any content posted on the Platform or transmitted to Users, or any interactions between Users of the Platform, whether online or offline.
(c) Under no circumstances will OurProperty or any of its agents, licensees, affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from any person’s or entities use of the OurProperty Platform, any content posted on the Platform or transmitted to Users, or any interactions between Users of the Platform, whether online or offline.
(d) OurProperty excludes all liability for any advice or recommendations provided by it.
(e) OurProperty is not responsible or liable for any incorrect or inaccurate content posted on the Platform or in connection with the Platform, whether caused by Users of the Platform, or by any of the equipment or programming associated with or utilised in the Platform.
(f) OurPropertyisnotresponsibleorliableforanylossordamagecausedbyerrors, faults, acts or omissions of the Payment Provider.
(g) OurProperty is not responsible or liable for the conduct, whether online or offline, of any User or other third-party users of the Platform. OurProperty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User communications.
(h) OurProperty is not responsible or liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Platform or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Platform.
(i) OurProperty makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
(j) OurProperty expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OurProperty cannot guarantee and does not promise any specific results from use of the OurProperty Platforms. Any advice that may be posted on the Platform is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice.
(k) If we are not able to exclude liability, OurProperty’s aggregate civil liability for any claims relating to the Platform and Services will not in any circumstance exceed fifty Australian dollars and OurProperty may rely on this agreement in any action against it.
10. No Warranties
You acknowledge and agree that:
(a) To the maximum extent permitted by law, except as specifically stated in this Terms of Service, the OurProperty Platform operates “as is” without warranty of any kind whether express, implied or statutory including, but not limited to, all warranties and conditions of merchantability, non-infringement, title and fitness for a particular purpose.
(b) OurProperty does not guarantee, warrant or represent that the Platform or Services will be continuous or free from, without limitation, interruption, loss, corruption, technologically harmful material, errors, technical inaccuracies or omissions.
(c) OurProperty may make available through the Platform software products, tools and utilities for use and/or download. OurProperty does not make any assurances or warranties with regard to the accuracy of the results or the output that derives from use of any such tools and utilities,
You agree to defend and fully indemnify and hold harmless OurProperty and any affiliated companies (and its parents, subsidiaries, agents, directors, officers, employees, consultants and contractors) from and against any loss, liability, claim, demand, action or suit, including reasonable legal fees, connected to, resulting from or arising out of:
(a) Your use of or access to the Platform or the Services;
(b) Your reliance on any information provided through the Platform;
(c) Any breach by you of this Terms of Service; or
(d) Any wilful, unlawful or negligent act or omission by you or any third party who obtained access to the Platform or Services through you,
except to the extent such loss is caused by OurProperty’s sole negligence.
12. Termination of Account
This Agreement will remain in full force and effect while you use the Platform and/or are a Customer of OurProperty. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to OurProperty, PO BOX 3325, Sunnybank South, Qld 4109, Australia, or email notice of termination to support@OurProperty.com.au.
If you terminate your account, your account will be disabled within 14 days. OurProperty may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to OurProperty.
All decisions regarding the termination of accounts shall be made in the sole discretion of OurProperty. OurProperty is not required to provide you notice prior to terminating your account. OurProperty is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Terms of Service will remain in effect and all Intellectual Property rights will survive the termination.
Following termination of an account you will remain liable for any outstanding fees or Tradie invoices.
13. OurProperty Customer Care Representative
OurProperty may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, and racially offensive or otherwise behave inappropriately.
If we feel your behaviour toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that OurProperty may monitor and/or record any telephone calls between you and OurProperty without any further notice to you.
14.1 Jurisdiction and Choice of Law
If there is any dispute arising out of this Agreement or the use of the Platform, by using the Platform you expressly agree that any such dispute shall be governed by the laws of Queensland, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction of Queensland, for the resolution of any such dispute.
If any part of the Terms of Service is void or unenforceable the enforceability of any other part of the Terms of Service will not be affected. All other terms will remain in full force and effect.
No waiver by OurProperty of any term contained in these Terms of Service will be deemed a further or continuing waiver of that term or any other term, and our failure to assert any right or provision under these Terms of Service will not constitute a waiver of that right or provision.
You may not waive any term contained in these Terms of Service.
These Terms of Service may be assigned or novated by us to a third party without your consent. In the event of an assignment or novation you will remain bound by these Terms of Service.
14.5 Entire Agreement
These Terms of Service contain the entire agreement between you and OurProperty with respect to its subject matter contemplated within and supersedes all earlier conduct and/or agreements between you and OurProperty with respect to its subject matter.