Customer Terms & Conditions
Applicable to customers of landlordperks.com
Part A: General Terms applying to both subscriptions and enhanced (depth) listing products
“Website” means the realestate.com.au website – across desktop, mobile, tablet and apps. “We / our / us” means Landlord Perks limited; and “You” means you, our customer.
Your Agreement with us
Your Agreement with us consists of:
(a) these General Terms and Conditions (as may be varied from time to time);
(b) any physical document or electronic interface we make available to you, that you sign or otherwise indicate your agreement to, which identifies your subscription or product purchase (your Order)
(c) the Special Terms and Conditions applicable to your subscription and products;
(d) any further special terms we notify you of in relation to your subscription or products; and
(e) any credit application you have submitted and the terms and conditions of such credit application.
All terms and conditions and other documents referred to above (as may be amended from time to time in accordance with clause 5) are referred to as “this Agreement” and comprise the entire agreement between us about its subject matter. This Agreement supersedes all prior understandings, agreements or representations and you may not rely on any representations or warranties about the subject matter of this Agreement except as expressly provided in this Agreement.
You acknowledge that at all times during the Term of this Agreement:
(b) in consideration for your right to upload listings to the website and the other services we provide, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, licence to other persons, use and adapt for any purpose related to our websites any content you provide to us during the Term, and this licence survives termination of this Agreement by you or us;
(c) we may take any action we deem appropriate in relation to your listings if we consider there has been a breach of this Agreement, including removing listings from the website;
(d) you are solely responsible for the content your listings and any errors or omissions in your listings – our role is one of publisher;
(e) if we change this Agreement in any non-trivial way, we will give you at least 30 days’ prior written notice;
(f) the terms and conditions applicable to your subscription and any other products at any point in time are the relevant terms and conditions published at realestate.com.au/terms at that point in time (ie as amended in accordance with the provisions above);
(g) all features of our subscriptions and products are subject to change, development and discontinuation (we will notify you when this happens);
(h) we cannot guarantee the continuous or fault-free operation of the website or other services we provide you and, without limitation, systems or technological failure or delay may impede or prevent access to the website and other services;
(i) we offer a number of different subscriptions and products and the availability of these subscriptions and products, and any special terms applying to them, is at our discretion (we will act reasonably). We may, in our absolute discretion having regard to your usual business activities, determine which subscription type is the most appropriate for you and require you to take, or transfer to that subscription. You may only purchase products available to, and at the price applicable to, your subscription type. If we deny access to any particular subscription or product we will notify you of the reasons;
(j) we may contact you from time to time in relation to products and services offered by us or our business partners and you authorise us:
(i) to contact you via phone, email, text message and other electronic media, unless you explicitly request us not to contact you via these media; and
(ii) to contact you via any of these methods without including an unsubscribe facility, to the extent permitted by law
Your obligations to us are as follows:
(a) you will only upload listings to the website yourself or via an authorised third party who has agreed to our terms and conditions for uploading properties to the website;
(b) you will comply with any direction we give to in relation to your listings, including amending or updating listings;
(d) you must pay the cost of all telecommunications and internet access charges incurred when using the website, whether or not such access has been arranged by us;
(e) you will ensure that your listings are not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
(f) you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010; local fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits) and any other applicable advertising standards and regulations including the Privacy Act 1988 and regulations thereunder;
(g) you will comply with any guidelines and codes issued by your local and national body for your type of organisation;
(h) you will ensure that your username and password for accessing the Service are kept secure at all times and are only disclosed to persons authorised to incur charges on your behalf. However you are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use;
(i) you undertake that you will only collect, use, disclose and store personal information obtained through our Websites including through leads generated by users submitting enquiries on our Websites, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about.
(j) you may only have one subscription per Office, and you will not allow anyone else (including another Office in your corporate group) to use your subscription to list on the Website. For the purposes of this Agreement, “Office” means any physical office used in the conduct of your business, including new offices opened during the Term, which we deem to be an office requiring a subscription to the Website. Without limiting our discretion above, the following types of office will always be deemed to require a subscription:
(i) the office or any person reporting into the office is authorised to sell or lease a property listed on our web site; or
(ii) property listing on our web site contains any contact details for the office or any person reporting into the office (even if the listing also contains contact details for another office or agent).
For the avoidance of doubt, it is acknowledged that one office in a corporate group may have a purely administrative function for the remainder of the group. Such an office may not be an Office for the purposes of these terms, provided neither (i) or (ii) above apply. “Satellite offices” will be Offices for the purposes of these terms if either (i) or (ii) above apply. We reserve complete discretion to determine whether or not an office requires a subscription to the Website.
Limitation of liability and indemnity
12.1 To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, we:
(a) exclude all conditions and warranties implied into this Agreement;
(b) exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits);
(c) limit our liability for breach of any condition or warranty that we cannot exclude to (at our option) resupplying the Service or paying the cost of having the Service resupplied; and
(d) limit our liability in respect of any other claim under or in connection with this Agreement, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under this Agreement and reduce that liability to the extent you cause or contribute to the loss the subject of the claim.
12.2 You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under this Agreement. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.
12.3 We will not be liable under this Agreement to the extent that liability is caused by:
(a) any breach of your obligations under this Agreement or a negligent act or omission by you; or
(b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
12.4 You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any content or material uploaded or submitted by you in connection with this Agreement or any other act or omission by you in connection with your use of the website or our other services.
12.5 Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.
13.1 You must not assign this Agreement without our prior written consent.
13.2 We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.
14.1 We will send all notices and other communications to you at the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and/or contact number.
General provisions relating to rights and remedies
15.1 No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by us will be effective unless it is in writing and signed by us.
15.2 If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of this Agreement has full force and effect.
15.3 Our rights and remedies provided in this Agreement are in addition to other rights and remedies given to us by law and equity independently of this Agreement.
16.1 The laws of Hong Kong govern this Agreement.
Personal Data Privacy
At LandlordPerks, the privacy of our customers is of extreme importance to us. We adhere the Ordinance of Personal Data Privacy in Hong Kong SAR law in receiving and collecting by LandlordPerks and how it is used.