WEBSITE TERMS AND CONDITIONS

 

• INTRODUCTION

1. These terms and conditions apply to your use of this website and the goods and services PropCheck Holdings Pty Ltd, PropCheck Operations Pty Ltd, their representatives, associates and any associated entities (referred to jointly and severally as ‘PropCheck’, ‘we’, ‘us’, ‘our’).” We ask that you carefully read and understand these terms and conditions to understand your rights and obligations set out herein and the manner in which you and we will be engaged.
2. By accessing, using and visiting our website www.propcheck.com.au (‘our Website’, ‘the PropCheck Website’), and purchasing and/or participating in the and goods and services which we offer from time to time you agree to be bound by the Terms and Conditions and the Privacy Policy. 
3. By using our Website, you acknowledge and agree that you have the capacity to enter in to and are governed by these Terms and Conditions.
4. We grant you a licence to use and access our Website conditional upon your use being for personal and commercial purposes and on the condition that you will not copy or distribute any part of our Website, or the part of the goods and services we provide without obtaining our prior written consent to do so.
5. While we have made every effort to ensure that information is free from error, we do not warrant the accuracy, adequacy or completeness of content on this website. All information is subject to change without notice. We do not guarantee that our Website or third-party websites will be free from viruses, or that access to our Website or third-party websites will be uninterrupted.

 

• PAYMENTS AND CANCELLATION

1. The applicable price for a good or services, is the price that is listed on our Website at the time of processing of payment of your order or purchase.  We reserve the right to change the prices for goods and services and any time in our sole discretion and we do not accept responsibility for any loss or damage caused by the change in price of our goods and services.
2. Payments may be made electronically through the means available through our website from time to time.
3. Where you make a payment, you warrant that you have the necessary authorisation to make that payment from that payment source.
4. Where you fail to make a payment when it is due or if a payment has been declined, we reserve the right to cancel, or reschedule the goods or services you have sought to pay for in our sole discretion.
5. We reserve the right, and you acknowledge and agree that you authorise us to charge your selected payment method when your payment becomes due and payable.
6. You can cancel your access to our goods and services at any time. Upon cancellation you will have access to our goods and services for the remainder of the period that you were last charged for. No refund will be payable for the last payment period. 

 

• LIMITATION OF LIABILITY AND INDEMNITY

1. In the absence of our negligence, we are not liable for any cancellations, errors, variations, delays or any other act, omission or default (whether negligent or otherwise) of any supplier nor are we liable for any loss, damage to property, injury, illness or death, or any other loss (including consequential loss) damage or claim whatsoever arising from the act, error, omission, default or negligence of any person not our direct employee or under our exclusive control.
2. We are not responsible for any criminal conduct of any third party.
3. We are not liable for any injury, damage, loss, delay, additional expenses or inconvenience caused by your acts, omissions or defaults or other reasons which are beyond our control, including force majeure events.
4. Any information on our website or offered by PropCheck is general in nature and should not be considered a replacement for individual professional advice which considers your personal circumstances and situation.
5. To the extent that our goods or services rely on information provided by a Third Party, we do not accept responsibility for any loss or damage caused by, or consequential to the receipt of that information.
6. We make no warranty or representation that the goods and services which we offer are fit for any particular purpose.
7. You agree to hold us and our related entities harmless and indemnify us against all claims, demands, loss or damage, including by third parties which is caused by your breach of these terms and conditions, your improper use of our Website, goods and services, or breaching any representation which you make to us.
8. This ‘Limitation of Liability and Indemnity’ clause shall survive the termination of this Agreement.

 

• MISCELLANEOUS

Intellectual Property

1. All content contained on our Website, goods, services and related marketing material is owned or licensed by PropCheck. In using our Website, you agree that you will not copy, reproduce, distribute, publish, or use in any manner any content on our Website and related marketing material without our written consent or other than as permitted under the Website Terms and Conditions.
2. To the extent that you share your intellectual property with us in anyway, including but not limited to sending it to us, tagging us in content, commenting on our social media, or interacting with us online, you grant us an irrevocable world-wide license to use that intellectual property in our sole discretion including for social media, advertising or business promotion purposes, unless expressly agreed in writing by Property Intel.

Severability

1. In the event that any term or condition contained in these terms and conditions is unenforceable or void by operation of law or as being against public policy or for any other reason, such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

Entire Agreement

1. This Agreement constitutes the entire agreement between the Parties.  All other previous documents, communications, arrangements, terms, conditions, warranties or representations are excluded.

Claims and Complaints

1. We endeavour to ensure that our Website, goods and services are of a high standard of quality. If a problem occurs, please notify us within the 30 days of the cause of your complaint.  We will respond to your complaint within 14 days. 

Privacy Policy

1. Any personal information that we collect about you may be used for any purpose associated with the operation of a tour or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the tour. Otherwise, we treat your details in accordance with our Privacy Policy which is accessed via [insert link to privacy policy].

Third Party Offerings

1. We are not responsible for third party links, services or site which may be referred to or linked on our Website.  These third-party offerings are accessed at your own risk, without our endorsement, approval or control.

Government Data usage

1. You agree when using the website and good and services offered by PropCheck you will not use the goods and services for direct marketing purposes or with the intention of intruding or breaching the privacy of an individual. Use of PropCheck products is for data verification purposes only.

Relationship of Parties

1. This agreement does not create any sort of employment, partnership, joint venture, agency or other type of relationship nor shall the obligations of the kind imposed in those other relationships be implied to be imposed in this Agreement.

Prices

1. All prices on this website are listed in Australian Dollars and are GST inclusive unless otherwise stated. We reserve the right to changes the prices for services from time to time in our sole discretion.

Waiver

1. Our failure to exercise or delay in exercising a right or power shall not be construed as a waiver of that right or power and shall not preclude the future exercise of that right or power.

Prohibited Use

1. You may not use our Website or services in anyway which is:
   1. illegal; or
   2. intended to, does (without or without intention), or could (with or without intention) cause offence to any other person.

Governing Law and Jurisdiction

1. These terms and conditions shall be governed by the laws of Queensland, Australia and you submit to the exclusive jurisdiction of the Courts of Queensland to hear disputes arising under or in connection with these terms and conditions and the courts entitled to hear appeals from those courts.

Change to Terms and Conditions

1. We reserve the right to update these terms at any time without notice.  Modification and alterations will occur when the modified or altered version of these terms and conditions is uploaded to our Website.  By remaining on, access, using and visiting this site, you agreed to be bound by those updated terms and conditions.
2. We reserve the right to cease or alter this website and the goods and services which we offer at any time in our sole discretion without notice.

Registered Address and Contact Details

1. Street Address: Level 1, 6 Overend Street, East Brisbane QLD 4169
2. Email Address:  info@propcheck.com.au