Check This Property | Terms and Conditions

About
1. Welcome to www.checkthisproperty.com.au (the Website), operated by CheckThisProperty Pty Ltd (ACN 647 858 026) (the Company, we, us).
2. Access to and use of the Website, or any of its associated products and/or services, are provided by the Company. Please read these terms and conditions (the Terms) carefully.
Acceptance of these Terms
1. These Terms apply to the use of our Website and our products. By using, browsing, signing up to and/or making payment through to this Website, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. If you do not accept these Terms, you must cease use of the Website and our products immediately.
2. If you are signing up on behalf of a company or an agent, you warrant that you have the authority to act on behalf of the company and/or agent, and bind the company and/or agent to these Terms.
3. By engaging the Company, you acknowledge and understand that the Company does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning, property planning or tax advice. For further information, please read these Terms carefully.
4. You may not accept the Terms if:
5. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Reports
1. The Company offers users the opportunity to access property reports that include data pertaining to land zoning, transport, risks, and nearby uses surrounding a property (the Reports).
2. The Reports that we offer are based on data provided to us by our service providers, and information which is in the public domain (the Service Providers). You agree and acknowledge that by using, browsing, signing up to and/or making payment through to this Website that you have read, understood and agree to be bound by the Service Providers’ policies, including but not limited to, terms and conditions.
3. You agree and acknowledge that we:
  1. are facilitators of the data contained in the Reports and therefore we do not act as an agent or other representatives of you, or any other party, in respect of the purchase, sale or development of real property;
  2. are not liable for acts of omissions of agents that use and access the Reports;
  3. are not affiliated, directly or indirectly, with any agent; and
  4. notwithstanding clause 3.3(c), we may receive commission or payment from agents.
4. You agree and acknowledge that if you enter into a contract with an agent that is introduced by us to you then:
  1. the parties to the contract will be the users, and will not in way involve the Company; and
  2. the Company is not liable for all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any agreements contained in clause 3.4(a).
5. You agree and acknowledge that we do not warrant or give any guarantee with respect to the accuracy or completeness of the Reports, and on such basis bear no responsibility or liability, whatsoever, for any defects, faults, errors, omissions in the data, pertaining to the Reports. As such, the Reports should not be relied upon in making the decision to lease or purchase or enter into any transaction with respect to a property. Should you intend to rely upon the Report, we recommend you engage a professional service provider to provide you with professional service advice. We are not a professional service provider.
6. You agree and acknowledge that the policies of our Service Providers may be amended from time to time. It is your sole responsibility to ensure that you are aware of these amendments.
7. By using the Reports, you agree and acknowledge that:
  1. you are solely responsible for assessing the risks and implications of using the Reports;
  2. we do not, at any time, provide any warranties or guarantees regarding the Reports. If you intend to rely on the Reports then you may engage a registered planner for an additional fee;
  3. you must use the Reports for your own personal or business use;
  4. you must not use the Reports in any way that infringes the copyright or proprietary interests therein;
  5. you are solely responsible for determining if the Reports fit your specific purpose;
  6. we reserve the right to terminate your access to the Reports at any time at our sole discretion;
  7. these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
  8. the Company has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
Access
1. Our Website provides our clients with two types of services whereby they can access our range of Reports – Basic Report Access, being a freemium account (Free Users) and the Risk Assessment Report Access in consideration of payment for each risk assessment report (Paid Users).
2. We grant Free users a non-exclusive, non-transferable, non-sub licensable limited licence to access and use the free reports (the Free Reports).
3. We grant Paid Users a non-exclusive, non-transferable, non-sub licensable limited licence to access and use the Paid Reports (the Paid Reports).
Account Set Up
1. To access the Reports, you are required to register an account on the Website (the Account) by filling an application form.
2. To establish an Account, you will be required to provide personal information about yourself, including but not limited to, the following:
  1. name;
  2. email address;
  3. company name (if using the Website and accessing the Reports on behalf of a company); and
  4. a preferred password.
3. You agree and acknowledge that any information you provide to the Company in the course of setting up an Account will always be accurate, correct and up to date.
4. You agree and acknowledge that the Company reserves the right to terminate your Account and/or ban you from accessing the Reports without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.
Your Account Obligations
1. You agree and acknowledge that:
  1. you are solely responsible for the activity that occurs under your Account;
  2. anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
  3. you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify the Company at info@checkthisproperty.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of access to the Reports;
  4. you will use the Website and the Reports as permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  5. access to and use of the Website, Reports and Account is non-transferable and limited to you for the purposes of us providing the Reports;
  6. any use of your registration information and Content by another person, or third party, is strictly prohibited;
  7. appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website and Reports;
  8. you must not:
    1. expressly or impliedly impersonate another Account at any time;
    2. use the Reports or Website for any illegal and/or unauthorised use;
    3. provide false information including false names, contact details and Content;
    4. use the Reports or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
    5. circumvent or hack into any part if the Website to access data not intended for you;
    6. interfere with the servers or networks connected to the Reports and/or Website, or violate any of the policies, procedures or regulations connected to the Reports and/or the Website;
    7. engage in conduct or access the Website or Reports in a way that will impose an unreasonable or large burden of traffic demands on the Company;
    8. create derivative works of the Reports or an application substantially similar or a direct copy of the Reports such that confusion may occur as to which the Reports are operated by the Company;
    9. resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Reports;
    10. copy of produce a substantially similar Service that was provided to you by us; and/or
    11. automate the use of the Website or Reports.
Payment
1. You agree and acknowledge that payment of the Risk Assessment Report Access may be made using third payment gateways, such as Stripe (the Payment Gateway Provider). When purchasing a Risk Assessment Report Access, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
2. You acknowledge that where a request for the payment of the processing fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee.
The Basic Report Access
1. You agree and acknowledge that:
  1. the Basic Report Access grants you non-exclusive, non-transferable, non-sub licensable to the Free Reports;
  2. to access the Free Reports, you are required to establish an Account;
  3. you must not transfer or assign the benefits associated with the access to the reports to another individual or entity;
  4. the Company reserves the right to suspend or terminate your access to the Free Reports if, in its sole discretion, it believes that you are exploiting and/or abusing your access to the Free report; and
  5. you can upgrade to the Risk Assessment Report Access pursuant to clause 9 of the Terms.
The Risk Assessment Report Access
1. You agree and acknowledge that:
  1. the Risk Assessment Report Access grants you non-exclusive, non-transferable, non-sub licensable to the Paid Reports;
  2. to access the Paid Reports, you are required to pay for each risk assessment report (the Report Fees) in advance;
  3. you will have access to the Paid Report at the date that you make payment;
  4. the zoning and risk assessment information within the paid report can change at any time;
  5. you will pay for the Report Fees through our selected Payment Gateway Providers. We reserve the right to change our Payment Gateway Providers from time to time;
  6. you must not transfer or assign the benefits associated with the access to the reports to another individual or entity; and
  7. the Company reserves the right to change the Report Fees at any time.
Refunds
1. If for whatever reason you are unsatisfied with the Reports, please contact the Company at info@checkthisproperty.com.au outlining why you believe you are entitled to a refund of any fee so that we are able to determine whether a refund should occur.
2. Any refunds granted pursuant to this clause will be at the Company’s absolute discretion.
Intellectual Property
1. The Website, the Reports and all of the related products of the Company are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website.
2. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks, patents and belong to us. Unless otherwise indicated, the Terms do not transfer to you any Company or third party’s right, title, and interest in copyright, patents, trade marks or service marks.
3. Our Service Providers own the copyright in respect of the property data pertaining to the real property. You agree and acknowledge that the reproduction of the personal data contained in the Reports, without written consent from the Service Providers, will constitute a breach of the Copyright Act 1968 (Cth).
4. You agree and acknowledge that the Reports must only be used for your own personal and business use. You must not:
  1. use the Reports in any way that infringes the copyright or proprietary interests of the Company or our Service Providers therein;
  2. remove or obscure any copyright notice, licence notice or other notices contained in the Reports; and/or
  3. copy, produce, sell or distribute the Reports to third parties for commercial purposes.
5. You are solely responsible for obtaining written permission before reusing, broad casting, republishing, posting, transmitting, distributing, showing, playing in public, adapting or changing in any way any copyrighted material that is available on our site and Website. Any unauthorised use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Modification of the Website
1. We reserve the right at any time and from time to time to modify or discontinue the Website, either temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Website.
2. From time to time we may issue an update to the Website which may add, modify and/or remove features from the Website. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the Website, we will seek your agreement to the permissions and at such time you may choose to accept or not.
Privacy
1. The Company is committed to protecting your privacy as a user of our Website and Reports. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Commonwealth). Please read our Privacy Policy at www.checkthisproperty.com.au/privacy. You may query what is being collected and change your details at any time by advising us in writing via our contact details below.
2. By using the Website, creating an account and/or accessing the Reports, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy.
Storage and Security of Personal Data
1. Any information you enter on our Website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide information and documents (Personal Data) to enable us to send information or process your claim. We may also collect additional Personal Data at other times in order to be able to deliver our Reports, including but not limited to contact lists, GPS location, passwords, feedback or communication with the Company customer support.
2. At all times, your Personal Data is secured against unauthorised use or access and will not be used for any purpose other than as specified in our Privacy Policy.
3. We may collect other information about your use of the Website, login information, data storage and other similar information for the purpose of improving our Reports. At no time will we sell, rent or share your Personal Data with any third parties for marketing or similar purposes, without your express consent or unless required by law.
4. We do not keep your Personal Data when you request to terminate your use of the Website and our Reports by sending an email to info@checkthisproperty.com.au. We periodically purge the database to ensure any outdated information that may personally identify you is wiped from our database.
Disclosure of Your Information
1. We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. the Company may also use your Personal Data to protect the rights, property or safety of the Company, its customers or third parties.
2. If there is a change of control in one of our businesses (whether by merger, sale or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.
Third Parties
1. We do not and will not sell or deal in personal or customer information at any time.
2. The Company is committed to the privacy and security of our clients. We will never disclose your personal details or any Personal Data to a third party, except the necessary information required by providers of products or Reports you have purchased or to protect the rights, property or safety of the Company, its customers or third parties or if required by law.
3. We will use all reasonable means to protect the confidentiality of your Personal Data and will not share your Personal Data with any third party other than our Service Providers who assist us in providing the information and/or Reports we are providing to you. To the extent that we do share your Personal Data with a Service Provider, we would only do so if that party has agreed to comply with our privacy standards as described in this Privacy Policy.
4. We may use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our Website. They may collect anonymous information about your use and visits to our Website and your interaction with our Reports. They may also use this information to provide more relevant advertisements about goods and Reports of interest to you.
Termination
1. The Terms will continue to apply until the deletion of your Account, or until terminated by the Company as set out below.
2. The Company may at any time, terminate the Terms with you if:
  1. you have breached any provision of the Terms and fail to remedy it within seven (7) days from receiving written notice from the Company;
  2. the Company is required to do so by law;
  3. you have not paid the Report Fees contained in clause 9.1(b);
  4. the partner, if any, with whom the Company offered the Reports to you has terminated its relationship with the Company or ceased to offer the Reports to you;
  5. the Company is transitioning to no longer providing the Reports to users in the country in which you are resident or from which you access the Reports;
  6. the provision of the Reports to you by the Company is, in the opinion of the Company, no longer commercially viable;
  7. if you have used the Reports:
    1. in breach of any law;
    2. in a way that is misleading or deceptive;
    3. in a way which is unreasonable as determined by the Company at its absolute discretion; or
    4. in a manner which can or does bring the Company into disrepute or could damage the Company’s reputation as determined by the Company at its absolute discretion.
  8. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your access to the Reports at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Reports without notice if you breach any provision of the Terms or any applicable law or if your conduct damages the Company’s name or reputation or violates the rights of those of another party.
  9. Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.
Liability
1. Your use of the Website and any of our Reports is at your sole risk. The Website and Reports are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the Reports will meet your requirements or be available on an uninterrupted, secure or error-free basis.
2. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Reports or any products or services (including the products and/or services of the Company) referred to on the website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Reports, or any of its services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Reports or any of the products and/or services of the Company;
  4. a suspension of your account as a result in a default payment of the Report Fees or due to your breach of the Terms; and
  5. the Reports or operation in respect to links which are provided for your convenience.
3. In all cases, our liability arising out of or in connection with the Reports or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the amount paid by you for the Report Fee.
4. The Company will not be liable in the event that you are unable to access the Reports using reasonable care and skill as access to the Website and Reports may depend on a number of circumstances that fall outside our control, including:
  1. telecommunication issues; and/or
  2. technical issues experienced by our Service Providers.
5. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
6. You agree and acknowledge that the Company, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability.
7. You agree and acknowledge that the Company holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website.
Disclaimer
1. Use of this Website is at your own risk and the Company is not liable for any loss, damage or disclosure of any personal information that may result from its use.
2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian Consumer Law (or any liability under them) which by law may not be excluded.
  1. if you are not a Consumer (under the Australian Consumer Law), you agree that the Company has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Reports;
  2. if you are a Consumer (under the Australian Consumer Law), the Company limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
  3. where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, the Company’s liability to you is limited to resupply of the Reports or payment of the cost of re-supplying the Reports.
3. Subject to this clause and to the extent permitted by law:
  1. the Company excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
  2. the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Reports or these Terms (including as a result of not being able to use the Reports or the late supply of the Reports), whether at common law, under contract law, tort (including negligence), in equity, pursuant to statute or otherwise.
Indemnity
1. You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Reports;
  2. any breach of these Terms;
  3. any wilful misconduct by us;
  4. any unlawful or negligent act or omission by you; or
  5. any direct or indirect consequences of you accessing, using or transacting on the Website or the Reports or attempts to do so.
2. This indemnity will survive termination of these Terms.
General
1. You agree and acknowledge that the Website, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the Website.
2. Unless otherwise specified, the Website and associated Reports are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Reports obtained from the Website, which are not your own intellectual property.
3. You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
Dispute Resolution
1. Compulsory:
  1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
  1. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
  1. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
    1. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
    3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
    4. the mediation will be held in Sydney, Australia.
4. Confidential:
  1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
  1. If one (1) month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Governing Law and Jurisdiction
1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.
Notice
1. The Company may provide any notice to you under the Terms by sending a message to your email address. The notice provided by the Company to you by email will be deemed to have been properly given on the date the Company sends the email, regardless of whether you have received the email.
2. Unless specified otherwise, any notices provided by you to the Company must be in writing and be delivered either in person, or via registered post to 7 MacArthur Avenue, Strathfield, NSW, 2135. Notices provided by registered post will be deemed to have properly given three days after they are posted (if posted).
Severance
1. If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.
Waiver
1. A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
Assignment
1. The Company may assign or transfer its rights or obligations under the Terms without your consent.
2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of the Company. A purported assignment without written consent will be deemed to be void and convey no rights.
Links
1. Our Website and correspondence to you may contain links to other websites. These links are meant for your convenience only. Please be aware that the Company is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
Email Communication
1. The Company may also provide you with information and updates regarding our Website and changes to the law from time to time. The Company may also make you aware of their new and additional products and Reports via email. This service is for free and you can unsubscribe at any time.
Changes to our policies
1. We reserve the right to modify our policies at any time, including these Terms and our Privacy Policy, in our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this Website.
Questions or Complaints
1. If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at: info@checkthisproperty.com.au. Please return periodically to policies for material changes.