1. About the website
Welcome to www.kleverproperty.com.au (‘the Website’). The Website facilitates interactions between people who own or are involved in various projects (Project Owners) and Service Providers who are people that offer various services in the property industry such as lawyers, accountants, builders, funders, joint venture partners etc, making it easier different parties in a property transaction to locate, negotiate, communicate and assist each other in the completion of certain projects (‘the Services’). The Website does not purport to, nor does it facilitate the transfer of money between Project Owners and Service Providers. The Purpose of the Website is to assist the Project Owners to find the right Service Providers in a marketplace, so that they may negotiate and carry out any desired transactions together.The Website is operated by Klever Property Pty Ltd (ABN 91 640 490 222) (‘the Company’). Access to and use of the Website or any of is associated products or Services is provided by the Company. Please read these terms and conditions (‘the Terms’) carefully. By using, browsing and/or reading this 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.
The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion.
2. Acceptance of the Terms
You accept the Terms by choosing to browse the Website and where relevant lodging an enquiry on the Website. 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 by the Company in the user interface. If you do not agree with any of the Terms you must cease using the Website immediately.
3. The Services and information
In order to access the Services, you, may be required to register for an account through the Website (‘the Account’) or provide certain information which is necessary in order for us to administer the Services. 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: Your name and surname; Your address; Your e-mail address; Your telephone number; Details of any property you own; You warrant that any information given to the Company, 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 registered as a 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:
a) You are not legal age to form a binding contract with the Company; or
b) You are a person banned from receiving the Services under the laws of Australia or any other countries including the country in which you are a resident or from which you use the Services.
Information Provided
If you wish to benefit from the Website by either listing a Project or registering yourself as a Service Provider you will be required to provide certain information in relation to the Project (i.e such as details of the Project, timeframes, estimated costs etc). You warrant and agree that if you are a Project Owner you will not provide misleading information or information which you know is or could be incorrect or misleading in any way and you will take all steps necessary to ensure that all information provided is accurate.
Where you wish to benefit from the Website by registering yourself as a Service Provider you will ensure that all information provided in relation to your services (including pricing and estimated timeframes) are accurate and made on reasonable basis and not misleading in any way.
You acknowledge that the Company will merely convey and display your information on the Website and to relevant parties and the Company does not make any representation in relation to your information and therefore you will indemnify the Company against against any claims made against the Company resulting from information provided by you.
If you are a service provider, your engagement and terms of payment will be outlined in a separate agreement between you and the Company.
4. Your obligations as a User
As a user of the Website, you agree to comply with the following:
a) You will not share your profile with any other person;
b) You will use the Services only for purposes that are permitted by:
The Terms; and
Any applicable law, regulation or generally accepted policies or guidelines in the relevant jurisdictions;
c) You have sole responsibility for protecting the confidentiality of your password and/or e-mail address. Use of your password by any other person may result in immediate cancellation of the Services. Any use of your registration information by any other person, or third parties, is strictly prohibited.
d) You agree to immediately notify the Company of an unauthorised use of your password or e-mail address or any breach of security of which you have become aware. You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
e) Any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘your Content’) whether by way of e-mailing it to us or submitting it via the Website will always be accurate, correct and up to date and you will maintain reasonable records of your Content. If the information has been posted on behalf of or as agent of another person, you warrant that you have the necessary authorities from such persons and that you have complied with all relevant legislation;
f) You agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
g) Access and use of the Website is limited, non-transferrable and allows for the sole use of the Website by you for the purposes of the Services;
h) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically intended in the Services and/or as endorsed by the Company.
i) You will not use the Services or the Website for any illegal and/or unauthorised use which includes collecting e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorised framing of or linking to the Website;
j) You agree that commercial advertisements, affiliate links and other form of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website; and You acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Refund Policy
Since the Company is only a facilitator in introducing the Project Owner and the Service Provider to each other and does not facilitate any payments in respect to any potential deal struck between the parties, the Company does not hold any liability to you and will not be liable for or give a refund to any party who has suffered loss in its endeavours or negotiations with any party. The Company’s purpose is limited to providing the Services.
It is therefore made clear that no payments of any kind will be facilitated through the Website and any payments that you make (if any) will be subject to a separate agreement between Project Owners and the Service Providers.
6. Copyright and Intellectual Property
The Website, the Services and all of the related products of the Company are subject to copyrights. 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 Services 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 are owned or controlled for these purposes and are reserved by the Company or its contributors. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company 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; Print pages from the Website for your own personal and non-commercial use; and Notwithstanding 6.2(c) above, any PDF document generated through the Website is permitted to be used by you for the purposes of the Services and negotiations, subject to any privacy laws and any intellectual property rights owned by other parties. The Company does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Company. The Company retains all rights, title and interest in and to the Website and all related Services. 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 copyrights (or an adaptation or modification of such a thing, system or process), To you.You may not, without the prior written permission of the Company 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain or the PDF document referred to in clause 6.2(d) above. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to the Company 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.
7. Privacy
The Company takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to the Company’s Privacy Policy which is available on the Website.
8. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or implied 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 and to the extent permitted by law:
a) All terms, guarantees, warranties, representations which are not expressly stated in the Terms are excluded; and
b) Will not be labile 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 or 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. You acknowledge that any project listed on the Website is not based on information created by the Company and accordingly the Company does not take any responsibility for availability of such project or any misrepresentation of any party who provides the Company with information on any project. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Company) referred to on the Website. This includes (but is not limited to) loss or damage you may suffer as a result 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 date, communication 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 Services 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 the Company; and The Services or operation in respect to links which are provided for your convenience. You acknowledge that the Company’s Website and the Services are only intended to facilitate the interactions between the Project Owners and the Service Providers and does not offer any services other than the Services and the Company holds no liability to you as a result of any conduct of the users or the misuse of Your Content by any party (including other users).
9. Limitation of Liability
The Company’s 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 that and agree that the Company, 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. You acknowledge and agree that the Company holds no liability for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
10. Termination of Contract
If you want to terminate the Terms, you may do so by providing the Company with fourteen (14) days’ notice of your intention to terminate by sending notice of your intention to terminate to the Company via the ‘Contact Us’ link on our homepage. The Company may at any time terminate the Terms with you if: You have breached any provision of the Terms or intend to breach any provision; The Company is required to do so by law; The Company is transitioning to no longer providing he Services to Members in the country in which you are resident or from which you use the service; orThe provision of the Services to you by the Company is, in the option of the Company, no longer commercially viable. Subject to local applicable laws, the Company 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 the Company’s name or reputation or violates the rights of those or another party. When the Terms come to an end, 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, shall be unaffected by this cessation, and the provision of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Indemnity
You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors form 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 Your Content; Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or Any breach of the Terms.
12. Dispute Resolution
Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal to Court proceedings in relation to the dispute, unless the following clause have been complied with (except where urgent interlocutory relief is sought).
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 fourteen (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; If for any reason whatsoever, fourteen (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 Law Society of NSW or his or her nominees; 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 New South Wales, 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 fourteen (14) 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.
