Terms & Conditions

In these terms and conditions, the terms “we”, “us” and “our” are a reference to Property ReviewedProperty Reviewed Pty Ltd (ACN 643 403 909), and the term “you” are the user of our website, www.propertyreviewed.com.au (our website; the website). Your use of, and access to, our website indicates your acceptance of, and agreement to be bound by, these terms and conditions. If you do not accept these terms and conditions, you must refrain from using or accessing our website. These terms and conditions must be read in conjunction with any other applicable terms and conditions, notice and guidelines governing the use of our website.

Membership

In order to be able to post a review and access the services listed in our various subscription models, you must become a member. To become a member, you must complete your registration details in the manner described on the website. Membership is free but non-transferable. We reserve the right to terminate your membership at any time if you breach these terms and conditions. [If you are not a member, you are entitled to access the review forum for reading purposes only. Persons in this category are described in these terms and conditions as "guests"]. Membership is only open to you if you are 18 years old or over. If you are under 18 years of age, you must not register as a member of this website. You are responsible for protecting the confidentiality of your password and for the accuracy and currency of all information in your membership account. You must not share your password with anybody else.

Obligations and Restrictions

Our website is a forum where people connected with the property industry, including landlords, tenants and property managers as well as visitors to a property, can exchange information intended to be useful, informative and accurate. Whilst we endeavour to verify certain information, like whether a poster of a review is affiliated with the subject matter of that review, we rely on you to only submit content, including reviews, images and information, which is accurate and not misleading. You must also ensure that any information you submit to our website is not in any way defamatory or derogatory to anybody, and does not in any way infringe the intellectual property rights of any person. We may, in our absolute discretion, and at any time, remove any information (including any communications) from our website. This will typically happen if we think that the information does not meet our terms and conditions or any other standards we uphold. Our verification of or removal of any information that has been submitted to our website is not any admission of the appropriate or inappropriateness of that information, and is no admission of any liability by us. Your actions are central to keeping our website a respectful, informative and helpful resource. To achieve this you agree that:

unless we have expressly agreed in writing otherwise, any information or material submitted by you as a review, a response to a review or in the course of moderation/conciliation is and will be treated by us as non-confidential and non-proprietary, and we may use such material without restriction;
images you post must be clear, and current as at the date of posting;
properties that you link must be properties that you either own, or manage;
you must update any information you have submitted to our website if it changes, including any change in your affiliation with a particular property or group;
any communications you have in connection with our website and our services, must be respectful, accurate and polite;
if you engage in conciliation, you must do so in a co-operative and respectful manner, and work proactively towards resolving any issues that have arisen;
when you submit material to our website, you hereby assign all copyright which subsists in such material to us at the point of submission, and you also hereby forever waive and agree never to assert against us, our successors or licensees, any and all rights to claim authorship of a work, any rights to object to any distortion or other modification of a work, and any similar rights provided for by any state, federal or international law or treaty, that you have, had or may have in any such material;
you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
you will not impersonate any other person when becoming a member, submitting or responding to a review or submitting any information to our website or otherwise;
you agree to provide current, accurate and up-to-date information about yourself;
you agree not to post or transmit any unsolicited advertising or promotional materials;
you will not post or transmit anything on behalf of another person or entity unless that person or entity has authorised that post or transmission;
any material which you post may be removed by us from the published review without notice at any time;
you will not post or transmit any material to our website that violates the intellectual property rights of a third party, and you warrant that all material posted is your original work and not sourced from any third party;
you will not submit any information to our website that is misleading or deceptive;
you will not create more than one account on our website;
you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
you will not attempt to reverse engineer, decompile or derive the source code of any of the software comprising or in any way used on our website;
you will not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of our website, including the display of its pages and any links on the website;
you accept that any material or information provided by you as a review, a response to a review, or which relates to a property may be posted on our website for any other members or guests to read; and
you may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material you download from our website. In addition, you may not commercialise any information, products or services from the downloaded material.

Specific warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Prices and Payment

All our prices are in Australian dollars. We may change the price of the subscription services from time to time, but will give you 30 days’ prior written notice by publishing those changes on the website, if we decide to do so. The subscription services are billed on a recurring basis, monthly in advance. Our prices are inclusive of GST. If you want to cancel or change your subscription, email us at info@propertyreviewed.com.au. We will not charge you any fees for cancellation, and you will have access to subscription services and be billed for those subscription services up to the end of the month in which you cancel or change your subscription.

Links

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Copyright

Copyright in our website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of this website,

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade marks

We give no licence to exercise any intellectual property rights in relation to any of our trade marks. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).

Indemnity

You hereby indemnify and agree to hold harmless Property ReviewedProperty Reviewed Pty Ltd, its related entities and each of their officers, employees and agents (those indemnified) from and against any damage, loss (including and not limited to reasonable legal costs and expenses, loss of revenue, loss of profit and damage to reputation) and liability (including and not limited to any claim, complaint or proceedings) incurred or suffered by any of those indemnified where such damage, loss or liability was caused by:

any breach of these terms and conditions, or any other notices and guidelines with appear on our website from time to time; or
any wilful, unlawful or negligent act or omission by you; or
any claim, complaint or proceedings by you or any third party which arises or is connected to any act or omission by you:
- that any intellectual property rights have been infringed;
- in relation to defamation;
- on the basis of misleading or deceptive conduct, or
- any other law applicable to you.

To the maximum extent permitted by law, the operations of Part 4 of the Civil Liability Act 2002 (NSW) and of the laws having a similar effect in the Commonwealth and other States and Territories of Australia are excluded and have no application or effect insofar as any of them would apportion liability to Property Reviewed Pty Ltd which would not have been so apportioned but for such laws.

Limitation of Liability and Disclaimers

All information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication or provision and we reserve the right to update this information at any time. We do not make any representations, guarantees or warranties that the information set out on our website, including in any reviews, on any property pages or in any of the analytics we provide is reliable, accurate or complete or that your access to the functions on our website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted or published by us or any third party. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept any liability for the accuracy or content of any material posted by other members on our website. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears on our website. We do not accept any responsibility or liability for any information or material which you submit to our website, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to our website. Except in relation to liability for personal injury (including sickness and death), we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website or which may arise directly or indirectly in respect of goods or services we supply, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website. We do not warrant that we will respond to questions or comments submitted by you to our website. If you download any material from our website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You acknowledge that:

prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and
at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.

Any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded. Notwithstanding the foregoing, nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), for and in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of the Australian Consumer Law, is limited:

in the case of goods, to any one of the following as determined by us:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
in the case of services, to any one of the following as determined by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again,

unless you establish that reliance on this paragraph would not be fair and reasonable, in which case this paragraph shall not apply.

Amendments to Terms and Conditions

We may amend these terms and conditions and any other notices and guidelines with appear on our website from time to time in our sole discretion. Amendments will be effective immediately upon publication on our website. Your continued use of and access to our website following such publication will represent an agreement by you to be bound by the terms and conditions and any other notices and guidelines with appear on our website as amended.

Jurisdiction and Law

You agree that these terms and conditions will be governed, construed and litigated in and in accordance with the laws of the State of New South Wales, Australia. You irrevocably submit to the laws and jurisdiction of the State of New South Wales, Australia, and the Federal Court of Australia.

Severability

The unenforceability or invalidity of any term, provision, section or subsection of these terms and conditions will not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of these terms and conditions. Such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties to these terms and conditions.

Entire Agreement

These terms and conditions, our Privacy Policy and any other notices and guidelines with appear on our website, as amended from time to time, embody the entire agreement and understanding between you and us and supersedes all prior agreements, representations and understandings among us.

Questions and Comments

We do our best to act on any complaint that we receive, but we can’t act within any specific time period, or act on any complaint that we think might be vexatious. If you think a comment or any other information on our website is inappropriate, unsuitable or breaches any our terms and conditions, please report it to us, with the following details:

why you think the material is inappropriate, unsuitable or in breach of these terms and conditions; and
your name and contact details.

We might respond to a comment, a complaint or take any action in relation to a review or any other material on our website. In doing so, we are not approving, agreeing or endorsing your or any other party’s actions and it is not indicative of us so doing. If you have a question or concern about your membership or anything else that relates to our website, get in touch by emailing us at info@propertyreviewed.com.au.