TERMS AND CONDITIONS OF USE


About the Website

Welcome to www.unlockproperty.com.au. The Website utilises general information freely available through the public domain to create the Profiles for the Profiled Users. The Users can then use the Website as a central online forum to rate, review and recommend Apartment Developers, Home Builders and Individual Apartment Buildings by leaving reviews and/or ratings on the Profiles.

The Website also provides the Profiled Users with the opportunity to:

  • create their own Profiles;
  • see the ratings and reviews that the Users may have posted about them;
  • interact with the Users to respond to concerns, complaints and positive feedback.;
  • discuss general building advice with the Users;
  • access raw, de-identified data obtained through the Users interactions with the Website.

The Website is operated by Unlock Property. Access to and use of the Website, or any of its associated products or services, is provided by Unlock Property. Please read these Terms carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or services, immediately.

Unlock Property reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Unlock Property updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Upon your agreement to the terms of the Services, Unlock Property will provide you with an electronic copy of the Terms, however, it is recommended that you check the Terms available on the Website from time to time and make a copy for your records.

Definitions

1.1 The following words have these meanings in these Terms unless the contrary intention appears:

Account means the account Profiled Users and Users create through the Website in order to use the Services;

Member means a registered member of the Website;

Profiled Users means Apartment Developers, Home Builders and Individual Apartment Buildings who use the Website;

Profiles means the Profiles set up through the Website by the Profiled Users;

Profiled User Services means the services provided to the Profiled User through the Website, including but not limited to:

  • creating Profiles;
  • seeing the ratings and reviews that the Users may have posted about them;
  • interacting with the Users to respond to concerns, complaints and positive feedback.;
  • discussing general building advice with the Users;
  • accessing raw, de-identified data obtained through the Users interactions with the Website.

Rating System means the System to rate and review the Profiled Users as set out in clause 6 of these Terms.

Refund means the refund policy set out in clause 8.2 of these Terms.

Services means the Profiled User Services and the User Services;

Subscription means a paid subscription to use the Services;

Subscription Fee means the monthly fee payable to Unlock Property by the Members;

Terms means these Terms and Conditions;

Users means individuals who use the Website and the Website to view, rate and review the Profiled Users;

Unlock Property means Unlock Property Pty Ltd;

User Services means the services provided by Unlock Property to allow users to view, rate, review and recommend the Profiled Users using the Rating System;

Website means www.unlockproperty.com.au;

Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you in the user interface.

Registration to use the Services

You will be required to register for an account through the Website before you can access the Services (the “Account”). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • an email address and/or preferred username;
  • a residential address; and
  • a password.

You warrant that any information you give to Unlock Property in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process you will be a registered member of the Website (“Member”) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Unlock Property; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Subscription to the use the Builder Services

  • 1. In order to access the Builder Services, you will be required to purchase a subscription (the “Subscription”) and agree to pay the ongoing monthly fee (the “Subscription Fee”).
  • 2. You can purchase a Subscription once you have registered for an Account. In addition to the information already outlined in clause 5.2 above, you will also be required to provide:
    • 1. a designated contact person (including their title/position);
    • 2. a mailing address and/or principle place of business;
    • 3. a telephone number; and
    • a password.

Prior to being given access to the Services, you will also need to create a personalised Builder Profile and which will, if applicable, replace any profile for the Profiled User that has previously been provided by Unlock Property. In completing the Builder Profile, the Builder will need to provide personal information, which will include the following information:

  • a nominated contact person (including their title/position);
  • an email address to contact the Builder;
  • a short description of the Builder;
  • Company logo and profile background image

You warrant that any information you give to Unlock Property in the course of purchasing a Subscription, completing the registration process or creating your Builder Profile will always be accurate, correct and up to date.

Unlock Property may, at its sole discretion, elect to offer you a free trial period of the Builder Services. Unlock Property will only provide you with such a trial period where you have completed and accepted the relevant documentation available on the Website in relation to same.

Ratings and Reviews

As part of the User Services, the Website provides Users with the opportunity to rate, review and recommend the Profiled Users in order to assist other Users to assess whether the Profiled User is a company who they might engage. The ratings and reviews will be integrated and viewable to the Users through the Profiled User’s Profile.

The rating of the Profiled Users are calculated through an aggregate of all ratings provided by the Users. (the “Rating System”).

You acknowledge and agree that Unlock Property only facilitates the Services and the Rating System and is not responsible for the any review or rating listing on the Builder Profile. Where you believe that your rating is incorrect or unwarranted then you should complete the Take Down Request Form available for download through the Website, explaining in detail why you believe that the rating or review should be taken down from the Builder Profile, and then send a copy to Unlock Property at info@unlockproperty.com.au. Unlock Property will then make an assessment, at their sole discretion, whether the offending rating or review should be taken down from the Builder Profile.

Where you leave a rating or review as a User then you warrant that you will retain any evidence in relation to that review or rating for a period of seven (7) years from the date of the review or rating and will immediately produce this evidence on request by Unlock Property.

Your obligations as a Member

As a Member, you agree to comply with the following:

  • you will only use the Builder Services where you are a current employee, agent, distributer, contractor or other person authorised to represent the Builder.
  • you will use the Services and the Builder Services only for purposes that are permitted by:
    • 1. the Terms; and
    • 2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services or Builder Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Unlock Property of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Unlock Property providing the Services or Builder Services;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Unlock Property;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services or Builder Services. Appropriate legal action will be taken by Unlock Property for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its associated services is prohibited.

You acknowledge and agree that the Website, the User Services, the Builder Services as well as any associated content produced in the course of providing you with the Services, is solely intended to assist you with making educated decisions. In the event that Unlock Property becomes aware that you have used the Services, Builder Services or associated content to disparage, or otherwise bring any individual, company, entity or Unlock Property into disrepute, then Unlock Property reserves the right to immediately terminate the Services to you without further notice.

Payment and Refund Policy

Where you are a Builder, the Subscription Fee will be payable directly through electronic funds transfer to Unlock Property (ABN 92 601 174 430). By paying the Subscription Fee you warrant that you have read and understood the terms and conditions of use, privacy policy and associated legal documentation of Unlock Property.

Unlock Property will only provide you with a refund of the Subscription Fee (the “Refund”) in the event they are unable to provide the Builder Services or where Unlock Property makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the Refund will be in the proportional amount of the Subscription Fee that remains unused by the Builder.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Unlock Property are subject to copyright. The material on the Website is protected by 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 (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services (the “Content”) are owned or controlled for these purposes, and are reserved by Unlock Property or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Unlock Property, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Unlock Property does not grant you any other rights whatsoever in relation to the Website, the Services. All other rights are expressly reserved by Unlock Property.

Unlock Property retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Unlock Property and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

If you broadcast, publish, upload, transmit, post or distribute any content on the Website (“Your Content”), then you grant to Unlock Property a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

Privacy

Unlock Property takes your privacy seriously and any information provided through your use of the Website, Services or the registration process are subject to Unlock Property Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause 11, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Unlock Property 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Unlock Property make any express or implied representation or warranty about the Content (as defined in clause 9.1 of these Terms) or any products or services (including the products or services of Unlock Property) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • 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;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Unlock Property;
  • the Content or operation in respect to links which are provided for your convenience; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of liability

You acknowledge and agree that Unlock Property is only a facilitator and is not liable in any capacity for the nature of the content provided by its Members in the course of their use of the Services.

Unlock Property’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Unlock Property, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Unlock Property as set out below.

If you want to terminate the Terms, you may do so by:

  • providing Unlock Property with fourteen (14) days’ notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where Unlock Property has made this option available to you.

Your notice should be sent, in writing, to Unlock Property via the ‘Contact Us’ link on our homepage.

Unlock Property may at any time, terminate the Terms with you if:

  • (1.a) you have breached any provision of the Terms or intend to breach any provision;
  • (1.b) Unlock Property is required to do so by law;
  • (1.c) Unlock Property is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  • (1.d) the provision of the Services to you by Unlock Property is, in the opinion of Unlock Property, no longer commercially viable.

Subject to local applicable laws, Unlock Property reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Unlock Property’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Unlock Property 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, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Unlock Property, its affiliates, employees, agents, contributors and licensors from and against any breach of the Terms.

Dispute Resolution

Compulsory:

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 sort).

Notice:

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.

Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

  • Within seven (7) 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;
  • If for any reason whatsoever, twenty-one (21) 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 Law Society of New South Wales or his or her nominee;
  • 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;
  • The mediation will be held in Sydney, Australia.

Confidential

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.

Termination of Mediation:

If thirty (30) days 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.

Venue and Jurisdiction

The Services offered by Unlock Property are intended to be viewed by residents of Australia and around world. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

GST

Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Australian Dollars (AUD) and are GST exclusive. GST is only applicable to Members situated in Australia.

Governing Law

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 shall 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 shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.