Terms and Conditions
This website, located at http://propertease.com.au/ (“the Website”) is owned and operated Propertease Pty Ltd ACN 603 689 256 as trustee for the Propertease Trust (“Propertease”).
The information and materials published on the Website provides general information only and is not intended as professional or other advice and should not be relied upon as such. The information provided requires interpretation and is not to be used in raw form without application of specific circumstances of the proposal or relevant land and surrounding land. The information provided does not take into account the specifics of the actual parcel of land, your investment objectives, financial situation or personal needs and may depend on assumptions which may be incomplete or wrong. You should make your own inquiries and obtain independent town planning advice tailored to your specific circumstances before making any investment or development decisions.
- 1.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Propertease, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
- 1.2 You acknowledge and agree that all data and information provided through the Website and the Reports will be subject to the copyright and other property rights of Propertease and/or the respective Database Providers. You must not permit any act or omission or commission by its agents, employees or any third party which will impair the copyright or other proprietary rights to the data, information and formats.
- 1.3 You must not disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information supplied by Propertease regardless of the form in which that information was supplied and, in particular, you must not do any of those acts with respect to information contained in hardcopy or any storage media, of whatever type, nature and description.
You must not copy any information provided by the Website to another file. Where access to Propertease permits you to print data in machine readable form (using commands designated for this purpose) you agree:
- a)Not to transfer, retransmit, duplicate or resell any items from the database to any third party without prior written approval of Propertease.
- b)Not to combine this information with any other information with the object of offering it on-line or in any other way to third par-ties without prior written approval of Propertease.
- 1.5 Propertease does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Propertease and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
- 1.7 Propertease and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Propertease does not accept responsibility for any liability in respect of access to other content through the use of this Website.
- 1.8 Propertease reserves the right to add or withdraw any of its Subscription Services and modify or otherwise improve the Subscription Services without notice. Propertease reserves the right to change any and all Subscription Service rates, documentation prices, fees and any other prices or other conditions in respect of Propertease Subscription Services at any time and all such changes shall be effective immediately.
- 2.1 You must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Propertease server, or to any other services offered on or through the Website by hacking or any other illegitimate means.
- 2.2 You must not provide your access details for any Subscription Services to any other party for their use. You indemnify Propertease for any loss or damage suffered by Propertease as a result of you providing any log on or access details for the Subscription Services to any party for their use.
- 2.3 You must not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- 2.4 You must not trace or seek to trace any information of any user or customer of Propertease, including any Propertease account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
- 2.5 You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Propertease’s systems or networks, or any systems or networks connected to the Website or to Propertease.
- 2.6 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- 2.7 You must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Propertease on or through the Website or any service offered on or through the Website. You must not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
- 3.2 If you have subscribed to the Subscription Services, you agree to pay the Subscription Fees to Propertease commencing on the date you purchase the subscription. The Subscription Fees are payable monthly or yearly in advance on the day that you subscribed.
- 3.3 For Single Report purchases, you agree to pay for any charges for services ordered on the Website as a single fee specified on the Website.
- 3.5 All monies payable for services provided on the Website are GST inclusive. If provision of the services on the Website is subject to GST, the amount is included in the charges specified on the Website.
- 3.6 Propertease may at its discretion increase the fees for or during any renewal period including single Reports or Subscription Services.
- 3.7 Any amounts not paid to Propertease when due will be subject to interest equal to ten per cent (10%) per annum, calculated on a daily basis.
- 4.1 Propertease makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your own risk. Propertease makes no statement as to the completeness or accuracy of the data comprised in the Website or Subscription Services or as to its fitness for use for any unknown purpose.
- 4.2 To the full extent permissible by applicable law, Propertease disclaims all warranties, express or implied, Propertease does not warrant that its Website, its servers, or email sent from Propertease are free of viruses or other harmful components. Propertease will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, loss of profits, punitive, and consequential damages.
- 4.3 You assume total responsibility for your use of the Website. Your sole remedy against Propertease for dissatisfaction with the Website or any content is to stop using the Website or any such content. This limitation of relief is a part of the bargain between the parties.
- 4.4 The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Propertease reserves the right to do the following, at any time, without notice:
- a) Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
- b) Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
- c) To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- 4.6 In the case of services supplied or offered by Propertease, liability for breach of any implied warranty or condition, which cannot be excluded, is limited to the provision of the services again.
To the fullest extent permitted by Law, all other warranties are excluded, and Propertease expressly disclaims all warranties:
- a) that the Website, Content and Reports will meet your requirements;
- b) that the Website, Content and Reports will be error-free;
- c) that the Website will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure;
- d) that any Content on the Website will be accurate, reliable or secure; and
- e) that the provision of Reports will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Propertease’s third party suppliers.
You must indemnify and hold harmless Propertease or its employee’s contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
- a) any breach by you of these Terms; or
- b) reliance by you on any information obtained through the Propertease Website
- a) All monies payable by you to Propertease will at Propertease’ election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired.
- b) Any credit facilities may be withdrawn by Propertease.
- c) Claims for credit must be made in writing to Propertease within 14 days from the date upon which the cause of the claim first arises.
- g) Propertease may charge to You all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of Propertease to recover payment of any monies owing by You to Propertease or to secure any indebtedness or liability by You to Propertease notwithstanding that no demand has been made by Propertease for payment by You.
You warrant with respect to the information supplied that all requirements of the Privacy Act as to content security, access, disclosure and use, have or will be complied with in full
Unless varied by notice by Propertease that this Agreement and all matters arising from the relationship of Propertease and are interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the goods and services may be delivered outside the state of Queensland. You submit to the exclusive jurisdiction of Queensland.
- 11.1 All notices hereunder will be in writing addressed to the Parties at the respective addresses shown on the Order Form.
Notice will be deemed given:
- a) in the case of hand-delivered mail upon delivery or in the case of mail upon written acknowledgment or receipt by an officer or other duly authorised employee, agent or representative or the receiving Party (such receipt not to be unduly delayed or withheld);
- b) in the case of ordinary mail on the fourth day after the date of posting;
- c) in the case of email transmission upon the email being sent.
- 11.3 A Party may change its address for service of notices under this clause by giving written notification of the new address to the other Party.
- Database Providers means any third party provider of information that is utilized or provided by the Website. All Council mapping data is licensed under the Creative Commons Attribution 3.0 License.
- Privacy Act means Privacy Act 1988 (Cth) and Information Privacy Act (Qld) 2009
- Privacy Principles means the National Privacy Principles under the Privacy Act 1988 (Cth) and the Privacy and Information Privacy Act (Qld) 2009
- Order Form means the order form completed by You regarding the purchase of the Services.
- Propertease means Propertease Pty Ltd ACN 603 689 256 as trustee for the Propertease Trust.
- Reports means the reports on the planning aspects applicable to selected parcels of land as provided under the Website.
- Report Credit Fee means the fees for a Report provided by Propertease under the Website set out in the Order Form. This may include the purchase of multiple Reports.
- Services means the services provided under the Website including the provision of Reports.
- Subscription Servicesmeans the services provided by Propertease under the Website including the provision of the Reports at the subscription level set out in the Order Form.
- 13.5 Propertease will not be liable for any failure to perform or delay in performing its obligations if the failure or delay results from circumstances beyond the control of Propertease (whether happening in the Commonwealth of Australia or elsewhere, including acts of God, refusal of licence, refusal or revocation of any telecommunications organisation's consent in respect of data communication equipment, government act, fire, explosion, accident, strike, industrial dispute, civil commotion or impossibility of obtaining material and/or data).
All mapping data is licensed under the Creative Commons Attribution License. We credit the following sou rces:
- (11.a)Brisbane City Council*: https://www.data.brisbane.qld.gov.au
- (11.b)Logan City Council*: http://data-logancity.opendata.arcgis.com/
- (11.c)Moreton Bay Regional Council*: http://data.moretonbay.qld.gov.au/
- (11.d)Sunshine Coast Council*: https://data.sunshinecoast.qld.gov.au/
- (11.e)Redland City Council*: https://www.redland.qld.gov.au/
- (11.f)Google: https://www.google.com/earth/outreach/tools/
- (11.g)City of Gold Coast*: http://www.goldcoast.qld.gov.au/
- (11.h)Unity Water*: http://data-unitywater.opendata.arcgis.com/
- (11.i)Queensland Urban Utilities*: https://www.urbanutilities.com.au/
- *All infrastructure and services data (e.g. stormwater, sewer, water reticulation) is indicative only and should not be treated as accurate.
- 14.1.1 Propertease receives and stores information regarding properties in Queensland to assist in general town planning enquiries.
- 14.1.2 Propertease also holds personal information regarding the subscribers of Subscription Services and Report Credits under the Website and is bound by the National Privacy Principles under the Privacy Act 1988 (Cth) and the Privacy and Information Privacy Act (Qld) 2009
Propertease has the following polices in relation to the above Privacy Principles:
- a)Collection - We will not store personal information unless it is necessary for one or more of our functions or activities. The information will be collected lawfully and fairly, and not in an unreasonably intrusive way.
- b)Use and Disclosure - We will not use or disclose personal information of subscribers other than for the purpose disclosed at the time of collection. If another use is proposed, we will seek further consent, unless that other purpose is related to the original purpose of collection.
- c)Data Quality - We take all reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. When the information is no longer needed, we take reasonable steps to destroy personal information.
- d)Data Security - We use industry standard security and encryption to protect all data including the personal information we hold from misuse and loss, and from unauthorised access, modification or disclosure.
- 14.1.4 1.4 We may collect personal information about you from a combination of sources including directly from you, from third parties or from publicly available sources.
If it is reasonable and practical to do so, we will collect personal information directly from you. This will include contact details and other information relevant to providing services to you. This may take place in a number of ways, such as:
- a)when you sign up for products or services
- b)order a product or service from us;
- c)subscribe to a newsletter;
- d)complete a form on our website;
- e)when you provide us with corrected or updated information about you.
- 14.1.6 We may also collect personal information from third parties such as your representatives and/or publicly available sources of information.
- 14.1.7 We will not collect any sensitive information from you, revealing your: race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability.
- 14.1.8 We will not collect personal information unless the information is reasonably necessary for or directly related to one, or more of our functions or activities. If we are unable to collect personal information we reasonably require, we may not be able to do business with you or the organisation with which you are connected.
- 14.2.1 All personal information that we or our related bodies corporate collect, is reasonably necessary for the purposes relating to providing our services to you.
- 14.2.2 We will only use personal information about you for the primary purpose of providing our services to you including sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. We may use any email address or other personal information you provide to us at any time for this purpose.
- 14.2.4 We may provide certain information about you including your personal information to our related bodies corporate.
- 14.4.1 We will use all reasonable endeavours to keep your personal information in a secure environment, however, this security cannot be guaranteed. Your use of our Website and the electronic storage of your personal information is secured by practices and procedures which we consider are consistent with Australian industry standards. All orders placed online using a credit card are covered by SSL security technology to protect customer details. These security measures are designed to ensure your personal information is not subject to unauthorised access, loss or misuse. If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact us (see contact us below).
- 14.4.2 If we no longer need your personal information, unless we are required under Australian law or a court or tribunal order to retain it, we will take reasonable steps to destroy or de-identify your personal information, in accordance with our document and information retention policy.
We take all reasonable steps to ensure that your personal information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your personal information is not accurate, up-to-date, complete, relevant and not misleading, please contact us (see contact us below) and we will take all reasonable steps to correct it within a reasonable time.
- 14.7.1 You may request to access the personal information we hold about you. We will endeavour to respond to any such request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions allowed under the privacy legislation. You may request this information by writing to the Privacy Officer (see contact us below).
- 14.7.2 We may charge a reasonable fee for providing that information.
- 14.8.1 If you have a complaint about our treatment of your personal information, please contact our Privacy Officer (see contact us below). Our Privacy Officer will consider and if, in our reasonable opinion, necessary, investigate your complaint and endeavour to respond to you within a reasonable period of time.
- 14.8.2 If we do not adequately answer your concerns, you have the right to make a complaint to the Office of the Australian Information Commissioner.