Find Investment Property Website - General Terms of Use

Your agreement with FSA

1. Find Solutions Australia Pty Limited ABN 23 131 990 120 (FSA) owns and operates the website at: www.findinvestmentproperty.com.au (this website and any website owned and operated by FSA that replaces it will be referred to in this document as the FIP Website). Your use of the FIP Website is governed by the terms in this document, as they may be amended from time to time, and the other notices (Notices) that apply to users of the FIP Website that are posted on the FIP Website and that you can access to read on the FIP Website (together called the Terms).

2. If there is a contradiction between what a Notice says and the terms of this document in relation to the FIP Website, the terms of this document prevail to the extent of the contradiction.

3. You may enter a written Marketing or other Agreement with FSA that also governs your use of the FIP Website. If so, the terms of that other agreement prevail to the extent that they contradict the Terms.

4. You are referred to as a user in the Terms.

Accepting the Terms

5. By using the FIP Website, you agree to the Terms. If you do not agree to the Terms, you must stop using the FIP Website.

Changing the Terms

6. FSA may change the Terms from time to time. When these changes are made, FSA will make a new copy of the Terms available at http://www.findinvestmentproperty.com.au.

7. You understand and agree that if you use the FIP Website after the date on which the Terms have changed, FSA will treat your use as acceptance of the changed Terms.

Owning and using FIP Website material

8. Rights and interests (including in any copyright) in all material and information on or related to the FIP Website (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) are owned either by FSA or by third parties (such as sponsors, advertisers or developers).

9. You may only copy or print copyright material for non-commercial, private use. All other copying, reproduction or other use of copyright material is prohibited, except to the extent permitted by law or unless you have written permission from FSA or the relevant copyright owner. If you are given written permission, in addition to any other conditions on that permission, you must acknowledge the copyright owner’s name and copyright interest whenever the copyright material is copied, reproduced or otherwise used.

10. Nothing in the Terms gives you a right to use any of FSA’s or any other person’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

11. You agree that:
a. your use of the FIP Website is at your sole risk;
b. you will not use the FIP Website in a manner inconsistent with applicable law. Without limiting this, you will not engage in any activity that interferes with or disrupts the FIP Website (including the servers and networks that are connected to the FIP Website); and
c. FSA has the right (but is not obliged) to monitor, keep, use and disclose any information necessary for any applicable law, any legal proceeding and any government request.

Advertisements on the FIP Website

11. The FIP Website may display advertisements and promotions. Any advertising or promotion on the FIP Website does not imply an endorsement or recommendation by FSA. Information on the FIP Website, including in any advertisements or promotions, does not constitute legal, financial or property advice.
Privacy and your personal information

12. In order to use the FIP Website, you may be required to provide information about yourself (such as your name, email address and postcode). You agree that any information you give to FSA will be accurate, correct and up-to-date.

13. You are solely responsible for ensuring that all content and any material or information that you post on or transmit via the FIP Website, conforms to all applicable data protection and privacy laws, including ensuring that you have first obtained the consent of any and all individuals whose personal information you use or disclose on or through the FIP Website.

14. For information about FSA’s data protection practices, please read FSA’s privacy policy at http://www.findinvestmentproperty.com.au. This policy explains how FSA treats your personal information, and protects your privacy, when you use the FIP Website.

15. You agree to the use of your data according to FSA’s privacy policy.

Links to other websites

16. The FIP Website may include hyperlinks to other web sites or content or resources. FSA has no control over or responsibility for any web sites or resources provided by organisations or people other than FSA, including for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17. You acknowledge and agree that FSA is not liable for any loss or damage which may be incurred by you as a result of the availability of third party websites or resources, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these web sites or resources.

Disclaimers, exclusions and limitations

18. Information on the FIP Website, including in any publications, does not constitute legal, financial or property advice.

19. The FIP Website is provided “as is” and “as available”. Without limiting this, FSA is not responsible for any content on the FPI Website. Neither FSA nor any of its related bodies corporate, nor any of its directors, officers, employees or agents make any representations or warranties about the FIP Website or its content, including that any information obtained by you as a result of your use of the FIP Website, or the FIP Website or its contents, is accurate or reliable, or that your access to the FIP Website will be uninterrupted and secure. Subject to paragraph 20 of the Terms, FSA excludes, to the maximum extent permitted by law, all direct and indirect liability that may arise as a result of the use of the FIP Website, including all content, however arising and under any theory of liability, including negligence.

20. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in the Terms excludes or limits FSA’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and FSA’s liability is limited to the maximum extent permitted by law.

21. To the extent permitted by applicable law, FSA’s liability for breach of any implied warranty or condition that cannot be excluded is limited, at FSA’s option, to:
a) in the case of services supplied by FSA: the re-supply of the services or the payment of the cost of having the services re-supplied;
b) in the case of goods supplied by FSA: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.

General legal terms

22. Sometimes when you use the FIP Website, you use a service provided by another person. Your use of these other services may be subject to separate terms between you and the other person. If so, the Terms do not affect your legal relationship with this other person.

23. Apart from any other written agreement, such as a Marketing Agreement, between you and FSA, the Terms constitute the whole legal agreement between you and FSA and govern your use of the FIP Website, and replace any prior agreements between you and FSA in relation to the FIP Website.

24. You agree that FSA may provide you with notices, including those about changes to the Terms, by email, regular mail, or postings on the FIP Website.

25. A reference to a “person” in the Terms includes a natural person, corporation, incorporated association, statutory corporation, the Crown and any other type of legal entity.

26. The word “including” means “including but not limited to”.

27. If a part of the Terms cannot be fully enforced, then that part is taken to be deleted from the Terms, unless this is not possible or unless the deletion would change what FSA intends to be the effect of the Terms.

28. The Terms are governed by the laws in force in New South Wales. You submit to the non-exclusive jurisdiction of the courts in New South Wales and courts competent to hear appeals from those courts to resolve any legal matter arising from the Terms.

Dispute resolution

29. A party to a dispute under this agreement (except a dispute relating to payment or intellectual property) must not start or maintain litigation or arbitration in relation to the dispute (except for urgent interlocutory relief or a stay of proceedings because of this clause 29) until it has complied with this clause 29.

30. A party who requires a dispute of the kind described in clause 29 to be resolved must, within 5 working days, give the other party a written notice that gives brief details of the dispute.

31. Within 5 working days of the other party’s receipt of the notice given under clause 30, the parties must ensure that their respective head of sales (or a person in the equivalent position, or their nominees who are authorised to try to resolve the dispute):
(a) meet at a time and place that FIP nominates; and
(b) use their best efforts to attempt to resolve the dispute.
If a dispute is not resolved under clause 31 within 5 working days of the meeting, the parties must ensure that their respective chief executive officers (or a person in the equivalent position, or their nominees who are authorised to try to resolve the dispute):
(a) meet at a time and place that FIP nominates; and
(b) use their best efforts to attempt to resolve the dispute.

32. If a dispute is not resolved under clause 31 within 5 working days of the meeting, the parties agree to refer the dispute to mediation according to the then current Australian Commercial Disputes Centre (ABN 87 003 042 840) guidelines for mediation. The parties will appoint a LEADR (an association of dispute resolvers) qualified person as the mediator. However, if there is a dispute about who is to be appointed, or if the parties fail to agree on a mediator within 10 working days of the meeting under clause 31, the parties agree to the mediator nominated by the then President of the Real Estate Institute of New South Wales.

33. This clause 8 is subject to the requirements of any applicable law or court order.

34. Despite the existence of a dispute, the parties must continue to perform their respective obligations under this agreement.


Date of issue: 1 January 2009