April 29, 2019

Buyer’s Agent Terms

1. Agreement for the identification and inspection of real property

2. Terms & Conditions

3. Privacy Policy

 
 

1. Agreement for the identification and inspection of real property

 

PART 1 – PARTY DETAILS
BUYER(S) [“the Buyer”]
Collected, as per your details provided by you within the online form you are filling in now:
Name (s):
Address:
Phone:
Email:

AGENT [“housePro”]Name: Modality PL Trading as housePro
ABN: 98096313245
Licence No: 100319977
Address: Unit 2 19/23 Bridge St Pymble 2073
Phone: 85427627
Mobile: 0418117740
Email: mark@housepro.com.au

PROPERTY SPECIFICATIONS [“The Property”]The Buyer requests the housePro provide services in identifying, inspecting and advising on properties meeting the following criteria:
The following details are collected via our Property Profiler, as per your details provided by you within the Property Profiler:
If the clients requests a service, analysis or report without joining our Property Profiler, then they hereby agree it for a target property they have requested and the following has not been collected and forgo the rights that we have not considered preparing the report for consideration of the following.

Type:
Bedrooms:
Bathrooms:
Parking:
Suburb(s):
Other Details (e.g. pool):
Possession (vacant/tenanted):
Min. purchase price: $
Max. purchase price: $

FEES:
Establishment Fee (payable on creation of the following):
1. Property Profiler: $99.00 (9 credits) inclusive of GST
Report Fees (payable at the Buyer’s discretion if it wishes to view the reports): As per the relevant page on this Website.

PART 2 – TERMS AND CONDITIONS
1. DEFINITIONS
a. “Person” includes a corporation.
b. Words importing one gender include the other and the singular only include the plural and vice versa.
c. Any terms binding more than one person binds them jointly and severally.
d. “the Act” means the Property, Stock and Business Agents Act 2002 (NSW).
e. “the Regulations” means the Property, Stock and Business Agents Regulations 2003 (NSW).

2. APPOINTMENT
a. The Buyer appoints housePro to act on behalf of the Buyer until such time as this Agreement is terminated by either party (“the Agency Period”) to perform the actions described in this Agreement. 

b. This Agreement can be terminated by either party by giving not less than 14 days written notice to the other. Any such termination shall not affect any rights which accrued prior to termination;
c. The Buyer warrants they have authority to enter into this Agreement.

3. AGENT’S AUTHORITY & DUTIES
a. The Buyer authorises housePro to do the following:
i. Identify and notify the Buyer of potential properties for purchase via the watchlist in the profiled tab which meet the Property Specifications noted in Part 1 (Target Property); and
ii. To inspect Target Properties and make available to the Buyer (subject to payment of the relevant fees) reports on the Target Properties (Reports).
b. Unless the Buyer specifically directs the housePro to the contrary, the housePro WILL NOT:
i. Negotiate the purchase of a Target Property;
ii. participate in the exchange of contracts; or
iii. bid at auction on behalf of the Buyer.

4. FEE
a. On purchasing our Property profiler and or services, analysis or reports the Buyer agrees to the payment to housePro is the Establishment Fee.
b. For the avoidance of doubt, unless the Buyer specifically engages the HousePro to approach or negotiate the purchase of a Target Property on the Buyer’s behalf (in which case the parties will enter into a separate Buyer’s Agency Agreement), housePro will not be entitled to any payment or commission should the Buyer purchase a Target Property.
c. Once housePro has prepared a Report, the HousePro will notify the Buyer purchase via the watchlist in the profiled tab that the Report is available. The Buyer may then elect whether to purchase the Report, for the amount listed on this Website.
d. Unless otherwise explicitly stated all amounts quoted in this agreement, or on this Website are, inclusive of GST.

5. EXPENSES AND CHARGES
a. Unless otherwise agreed by the parties in writing, housePro will pay all its costs and expenses in providing the services under this agreement.

6. BUYER’S WARRANTY
a. The Buyer warrants to housePro that the Buyer has authority to enter into this Agreement with the housePro.
b. The Buyer warrants they have supplied housePro in writing with all the material facts in respect to their proposed property acquisition. In this clause, “material fact” has the same meaning as in Section 52 of the Act.

7. DISCLAIMERS
a. Financial and Investment Advice
WARNING: Any advice provided by housePro does not and is not to be construed as the HousePro offering or providing financial or investment advice to the Buyer, nor does any advice take into account the Buyer’s financial or investment requirements. The Buyer must seek and rely on its own, independent, financial and investment advice from an appropriate licenced financial adviser.
b. Property Advice
WARNING: The contents of any Report is general advice only, based on the HousePro’s physical inspection of the Target Property. It does not take into account any latent conditions, not apparent on a reasonable inspection. The Buyer must seek and rely on their own independent strata search, pest and building and architectural planning advice from a qualified strata search, pest and building inspectors or architect or engineer.
c. Contract Advice
WARNING: any advice regarded the contents of any proposed contract for sale of property of a Target Property is general in nature only and solely intended to highlight physical aspects of the property, as shown in the contract. Such advice does not constitute legal advice as to the appropriateness or otherwise of any term of the contract and the Buyer must obtain independent legal advice prior to signing the contract or paying any deposit.
d. Release
i. To the fullest extent permitted by law, the Buyer releases the HousePro for any loss or damages incurred by the Buyer by electing to purchase or not purchase a property based on the contents of a Report, save to the extent such is caused by the negligent actions of housePro.
ii. The Buyer acknowledges that the contents of a Report are based on the HousePro’s physical investigation of the Target Property and its surrounds. To the full extent permitted by law, the Buyer releases housePro from any liability resulting from any inaccuracy, mistake or misleading content in a Report, where such would not have been reasonably apparent to a person acting reasonably while inspecting the Target Property.
iii. The HousePro’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

8. INTELLECTUAL PROPERTY
a. Any intellectual property rights in the Report at all times remain the property of the HousePro. On paying the relevant Fee the Buyer is granted a limited right to download and use the Reports for the Buyer’s personal use only. Any commercial use, resale or any use other than to enable the Buyer to assess the appropriateness of the Target Property is strictly prohibited.

9. ASSIGNMENT
a. The Buyer may not assign, transfer or sub-contract any of your rights or obligations under this Agreement without the HousePro’s prior written consent.

10. NO WAIVER
a. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by housePro to act with respect to a breach by you or others does not waive the HousePro’s right to act with respect to that breach or any subsequent or similar breaches.

11. SEVERABILITY
a. The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

12. GOVERNING LAW AND JURISDICTION
a. This Agreement will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

2. Terms & Conditions

 

1. USE

This website is owned and operated by Modality Pty Ltd ACN 096 313 245 (Company). By browsing and using our website and/or registering for an account you are agreeing to comply with and be bound by the following terms and conditions of use.

(a) A reference to the Company, “we” or “us” in these Terms and Conditions includes The Company, its directors, officers, employees and agents.

(b) The information and settings provided in this website are correct at the time of publishing. The Company takes no responsibility for the accuracy of the information and graphics. Some information is obtained from our suppliers and third parties. We take every possible precaution to deliver accurate information, but cannot be held responsible for minor variances that may occur in such information. In the event that any errors or omissions on the website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible. However we will not be responsible for any consequential loss suffered by any users of the website as a result of our errors or omissions.

(c) The content of the pages of this website is for your general information and use only. We reserve the right to amend or update our website without providing notice to you.

(d) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

(e) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

(f) From time to time this website may also include links to other websites. The linked sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site. The Company reserves the right to terminate any link at any time. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website you do so entirely at your own risk. The Company disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.

(g) You may not create a link to this website from another website or document without our prior written consent.

2. COPYRIGHT

2.1 Our Copyright

Unless otherwise specified, all materials on this website are owned or licenced by the Company and are protected by the intellectual property laws of Australia and throughout the world by the applicable intellectual property laws. The use of any such material on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may violate copyright, trade mark and other similar laws. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than as follows:

(a) You may print or download to a local hard disk extracts for your personal and non- commercial use only, provided you keep intact all copyright and other proprietary notices.

(b) You may copy the content to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.

(c) Other than as outlined in (a) and (b) above no materials on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission from the Company.

2.2 Your Copyright

(a) If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the

3. SYSTEM INTEGRITY

(a) You must not, by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website.

(b) You must not disclose or share any confidential information, including your password to or with any third parties or use any such information for any unauthorised purpose.

(c) You must not engage in any action that requires, or may require, an unreasonable or excessively large load on Our infrastructure;

(d) You must not reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
(e) You are solely responsible for your transmissions through the Website.

(f) You must be open and honest in all your communications through the Website.

(g) You must not use the Website for illegal purposes.

(h) You must not use this site to transmit any information or material that is, or may reasonably be considered to be:

(i) abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

(ii) libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

(iii) infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

(iv) in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

(v) in breach of any person’s privacy or publicity rights;

(vi) a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

(vii) in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

(viii) containing any political campaigning material, advertisements or solicitations; or

(ix) likely to bring the Company or any of its staff into disrepute.

(i) You must comply with all relevant laws, regulations, policies and procedures in relation to your use of the Website.

(j) We reserve the right to determine whether or not you are in default of the Terms and Conditions and may, in our sole discretion, immediately terminate your Account and use of the Website when we believe that you are in default of the Terms and Conditions.

(k) We agree to always act reasonably when exercising our right to terminate your Account in relation to the Website.

4. REGISTRATION

(a) Access to and use of password protected or secured areas of this website is restricted to authorised users only. You must register to obtain an Account to access such areas.

(b) The granting of an Account is at the sole discretion of the Company.

(c) You must be able to enter a legally binding contract for you to be able to register an Account and use the Website.
(d) You must be open and honest when registering your details and obtaining an Account.

(e) It is your obligation to update your details on your Account.

(f) We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete, accurate and current information.

(g) Upon registering your Account you will receive a user name and password.

(h) You are responsible for the security of your user name and password and Account.

(i) We will assume that anyone using your user name and password is authorised by you to act on your behalf.

(j) You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.

(k) You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this website.

(l) When you register your Account you may provide us with personal data, which we will use in accordance with our Privacy Policy.

5. YOUR INFORMATION

(a) “Your Information” includes any information you provide or communicate to us at any time, including when you register to use the Website and any material provided by you which is posted or displayed on this website.

(b) You are solely responsible for Your Information and we may assume that Your Information is being legally and validly used and is correct.

(c) Subject to our Privacy Policy, We may deal with Your Information if, in our absolute discretion, it is necessary.

(d) Except for any disclosure by you for technical support purposes, specified in our Privacy Policy or is clearly marked by you to the contrary, Your Information will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to the Company will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including without limitation, unrestricted rights to use or disclose such in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

(e) You must ensure, and warrant to us, that Your Information:

(i) is true, accurate and complete;

(ii) is not false or misleading;

(iii) does not infringe any other person’s rights or privacy;

(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;

(vi) is not obscene or pornographic; or

(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

(f) You must not do or allow to be done anything involving the Website which:

(i) may be contrary to any applicable law or industry code of practice, or

(ii) is prohibited by these Terms and Conditions.

6. ORDERS

6.1 Order constitutes offer

(a) By placing an order through this site, you make an irrevocable offer to us to purchase the services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any services to you – however, the Company will endeavour to supply your selected services to you.

(b) We will not commence processing any order made through this site unless and until:

(c) payment for the order has been received by us in full; and

(d) the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

6.2 We reserve the right at our discretion to:

(a) at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and

(b) at any time:

(i) refuse to provide services to you;

(ii) terminate your access to this site; and/or

(iii) remove or edit any content on this site.

6.3 Acceptance of orders

(a) Acceptance of each order will take place if and when the Company either:

(i) provides the services to you, at the time at which the Company commences providing the services; or

(ii) notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.

7. PAYMENT

7.1 Payments made through this site may be made:

(a) by credit card processed online using a secure third party payment gateway; or

(b) via direct bank deposit by electronic funds transfer (EFT).

7.2 Third party payment gateways

(a) The Company may use one or more third party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

7.3 Credit and debit card payments

(a) All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

7.4 Payment by EFT

(a) If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

7.5 Refunds and other remedies

(a) Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.

7.6 Security

(a) While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

7.7 The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested
information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

7.8 To activate products and services on the housePro website, you need to housePro credits. The purchase of these housePro credits includes GST.

8. OUR RIGHTS

(a) We may refuse you the right to use the Website if you give information which is untrue, inaccurate or incomplete; or

(b) If we believe that you have engaged in any form of misleading and deceptive conduct you may, in the sole discretion of the Company, be permanently suspended from the Website and any associated accounts and Websites.

(c) Although not obliged to, the Company will have the right to review your communications on this website to determine whether you comply with these Terms and Conditions. The Company will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you. The Company will comply with any court order in disclosing the identity of any person making communications on or via this website.

(d) The Company may suspend, cancel or terminate your access to the Website if you breach or fail to observe the Terms and Conditions or for any other reason at The Company’s absolute discretion.

(e) We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.

(f) If we suspend your access to the Website, you may not register again.

9. FALSE OR MISLEADING CONDUCT

(a) You must not use a false name in respect to your Account.

(b) We may refer fraudulent users to the police and to your internet Website provider.

(c) You may be sued for any losses suffered by any person arising out of any illegal action.

10. LIABILITY AND INDEMNITIES

10.1 To the full extent permitted by law:

(a) We are not responsible for any loss, liability or damage incurred by you as a result of the sending or receiving or the failure to send or receive any communications due to any reason whatsoever.

(b) We provide the Website without any express or implied warranty.

(c) In no event shall the Company be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, whether based on
warranty, contract, tort or any other legal theory even if the Company has been advised of the possibility of such damages.

(d) We do not guarantee continuous, uninterrupted or secure access to the Website.

(e) You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Website may at times not be available.

(f) We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Website.

(g) We do not guarantee the preservation of any record, particularly after the provision of the Website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

(h) We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising due to us exercising our discretion as outlined in these terms and conditions.

10.2 To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

(a) in the case of goods, to any of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of services:

(c) the supply of the services again; or

(d) the payment of the cost of having the services supplied again.

11. INDEMNITIES

11.1 To the full extent permitted by law:

(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Website.

(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“the Indemnified Parties”) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the Agreement including the legal costs, fees and expenses of defending ourselves
against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

(c) You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of the Terms and Conditions by you, or the infringement by you, or other user of the Website using your user name and password, of any intellectual property or other right of any person or entity.

11.2 Release

You agree that your use of this site is at your own discretion and risk. To the full extent permitted by law, You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

11.3 Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

12. PRIVACY

(a) Our Privacy Policy (as it appears from time to time) is available on the Website.

(b) We will take all reasonable steps to abide by this policy and all users of the Website agree to the policy when using this Website.

(c) If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Website.

(d) By registering with the Website and accepting these Terms and Conditions, you also consent to:

(i) the collection of a variety of personal information which is specified in greater detail in the Privacy Statement, including your name, address, contact details, and your use of our Website generally;

(ii) the use of your personal information for certain purposes as specified in greater detail in the Privacy Statement, including internal use for improving the Website, meeting our obligations under State and Federal laws, statistical analysis of usage of our Website to improve the Website, to utilise our content and product offerings and deliver promotional material to you and administrative purposes connected with the Website.

(e) We may disclose your information in the circumstances specified in the Privacy Statement.

13. COMPLAINTS, CONCERNS & SUGGESTIONS

If you have any complaints, concerns or suggestions about this Website please contact the Company to address the issue. We also value your feedback and suggestions, please email support@housepro.com.au.

14. GENERAL

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.

These Terms and Conditions are current as at 1 March 2019.

The Company may update these Terms and Conditions at any time with or without notice to you. You are responsible for ensuring that you are aware of and comply with these Terms and Conditions as applicable from time to time.

15. DISCLAIMER

To the maximum extent permitted by law, the Company assumes no responsibility for accuracy, correctness, timeliness or content of the materials on this website. You should not assume that the materials on this website are continuously updated or otherwise contain current information. The materials provided on this website are provided “as is” and any warranty (express or implied), condition or other terms of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby negatived to the extent allowable by law.

16. SEVERABILITY

16.1 The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

17. APPLICABLE LAWS

These Terms and Conditions are governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms and Conditions.

3. Privacy Policy

 

Modality Pty Ltd (ACN 096 313 245) (“we”, “us” or the “Company”) is committed to privacy protection. At http://www.housepro.com.au (“this site”), we understand the importance of keeping personal information private and secure. This privacy policy (“Privacy Policy”) describes generally how we manage personal information and safeguard privacy. If you would like more information, please don’t hesitate to contact us.

The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act sets out 13 key principles in
relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

What is “personal information”?
Personal information held by the Company may include your:
• name and date of birth;
• residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
• bank account and/or credit card details for agreed billing purposes;
• any information that you provided to us by you during your account creation process or added to your user profile;
• preferences and password for using this site and your computer and connection information; and
• any information that you otherwise share with us.
Information provided to payment gateway providers
All payments that are made through this site are processed securely and externally by one or more third party payment gateway providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as an online buyer’s agency.

Information that you provide to us
We may collect personal information that you provide to us about yourself when you:
• use this site, including (without limitation) when you:
– create a user account;
– add information to your user profile;
– purchase any services through this site;
– add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;
– register for access to premium content or request certain premium features; or
– complete an online contact form to contact us or any third party supplier;
• provide information to us by telephone or through marketing or competition application forms; or
• send us an email or other communication.
IP addresses
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

Cookies
This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.
Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

Why we use cookies
This site uses cookies in order to:
• remember your preferences for using this site;
• manage the signup process when you create an account with us;
• recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
• facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
• show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
• remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
In some cases, third parties may place cookies through this site. For example:
• Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
• Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
• third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.

How we may use your personal information
Your personal information may be used in order to:
• verify your identity;
• assist you to obtain our services through this site;
• process any purchases of services that you may make through this site, including charging, billing and collecting debts;
• make changes to your account;
• respond to any queries or feedback that you may have;
• prevent and detect any misuse of, or fraudulent activities involving, this site;
• conduct research and development in respect of our services;
• gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or
• maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.
From time to time we may email our clients with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information
In order to deliver the services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
• client enquiries;
• mailing systems;
• billing and debt-recovery functions;
• information technology services;
• marketing, telemarketing and sales services;
• market research; and
• website usage analysis.
In addition, we may disclose your personal information to:
• your authorised representatives or legal advisers (when requested by you to do so);
• credit-reporting and fraud-checking agencies;
• credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
• our professional advisers, including our accountants, auditors and lawyers;
• government and regulatory authorities and other organisations, as required or authorised by law;
• organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
• the police or other appropriate persons where a communication suggests possible illegal activity or harm to others.

Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to privacy@housepro.com.au or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
• be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
• have an unreasonable impact on another person’s privacy; or
• prejudice an investigation of unlawful activity.
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

Third party websites
You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.
Re-marketing
We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.

GDPR
The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
GDPR rights
The requirements of the GDRP are broadly similar to those set out in the Privacy Act and include the following rights:
• you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
• you may also have a right to:
– have that information rectified or deleted;
– restrict our processing of that information;
– stop unauthorised transfers of your personal information to a third party;
– in some circumstances, have that information transferred to another organisation; and
– lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
• where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
• such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
• even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
– to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
– in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
Keeping your information up-to-date
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer at privacy@fluencylegal.com.au or by post.

Changes to this Privacy Policy
From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.
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If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Australian Information Commissioner’s website (see https://www.oaic.gov.au/).