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DEFINITIONS

In these Terms and Conditions:

As per legislation changes that took effect in March 2020.

‘The Company’ refers to Comply My Property Pty Ltd ABN 57 634 726 195 (“Comply My Property”).

‘Service Suppliers’ also known as ‘Third Party Suppliers’ are responsible for providing particular compliance services.

‘Compliance Services’ also known as ‘Services’ refers to the service, as selected by you, set out in the relevant product description on the Comply My Property website. It refers to any of the following services supplied by Third Party Suppliers:

  • Smoke Alarm Compliance
  • Water Efficiency Compliance
  • Water Efficiency test
  • Pool Compliance
  • Deck and Balcony Railing Compliance

‘We or ‘our’ or ‘us’ means Comply My Property.

‘You’ or ‘Customer’ refers to any individual person, company, Landlord, Agent, Property Manager or entity accessing Comply My Property and using Comply My Property’s services.

INFORMATION

Comply My Property acts as an introductory and facilitative service between you and Third Party Suppliers. We enable Customers to obtain information about property compliance services offered by different service suppliers and to help make it more efficient for Customers to obtain required compliance services for commercial and residential properties.

Comply My Property assists and engages service suppliers on behalf of you, the Customer. While Comply My Property endeavours to take reasonable care in preparing and maintaining the information on its website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content or compliance services including certificates issued in respect of same.

If Comply My Property becomes aware that the information provided by the Third Party Suppliers is inaccurate, we reserve our right to correct the information after liaising with the Service Supplier, and notify you if the amendment will affect the compliance service provided to you.

Having regard to the contents of these terms and conditions and noting that all compliance services are provided solely by the Service Suppliers, the customer acknowledges that any certificates produced by the Service Suppliers may also bear reference to Comply My Property. Any reference to Comply My Property on such certificates shall be strictly for branding purposes only and the Customer acknowledges that Comply My Property has no knowledge of the contents contained in the certificate as this information has been produced and provided by the Service Suppliers.

LIMITATION OF LIABILITY

Comply My Property is not responsible for any loss, damage, costs or expense, whether direct, indirect, punitive, incidental, special and/or consequential arising out of or related to your access to the Comply My Property website and more particular any Certificates or representations made in the Compliance Services.

Whilst Comply My Property is a platform for Customers to gather information on different compliance services and make bookings with the Third Party Suppliers who offer these services, Comply My Property does not in any way guarantee the Third Party Suppliers quality of work, legitimacy, or any representations made in Certificates provided by the Third Party Suppliers.

INDEMNITY

It is agreed that you the Customer, indemnify us, and hold us harmless, against any Liability suffered or incurred from or in connection with your use of our website or any breach of these Terms and Conditions or any applicable laws by you.

It is agreed that you the Customer, in accessing and using the Comply my Property’s website and/or using the compliance services provided by the service suppliers, agree to indemnity and release Comply My Property, its employees and/or its associated entities against any claims, cause of action, losses, damages, costs or expenses with respect to the services provided by the Third Party Suppliers. It is agreed and acknowledged that Comply my Property has no liability whatsoever arising from you, the customer, accessing the compliance services by the service providers.

It is agreed that you the Customer, agree to fully indemnify Comply My Property against any claims, actions, suits, damages, costs or expenses that the user suffers in tort, contract or negligence particularly in cases where the compliance services and/or Compliance Certificate provided by the service providers is improper, contains mis-information, or is otherwise incorrect in any manner whatsoever.

This indemnity is a continuing obligation, independent from the other obligations under these Terms and Conditions and continues after these Terms and Conditions end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms and Conditions.

PAYMENT

Comply My Property charges a commission fee to you for using its services in making bookings with and retaining the Third Party Suppliers.

All prices are in Australian Dollars (AUD), are indicative only and subject to price variation.

The Company accepts no liability for the Customer’s security breaches, unauthorised use of the Customer’s payment account, fraud, forgery or mistaken or unauthorised orders or payments.

WARRANTIES

the Company does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Company website for any particular purpose.

The Customer acknowledges that such information and materials may contain inaccuracies or errors and the Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by Law.

We do not make representations or provide warranties regarding the certification provided by the Third Party Suppliers.

INTELLECTUAL PROPERTY

Copyright and all other intellectual property rights in the Products shall remain at all times the property of the Company.

The Customer may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any material from the Company website.

The Customer may not use the Company websites or their content for any commercial purpose including the collection or use of any graphics, design, layout, listings, descriptions, prices, make any derivative or commercially exploitative use of this website or its content, download or copy account information, use any data mining, robots or similar data gathering and extraction tool without the explicit written consent of the Company.

Any unauthorised use shall immediately terminate any prior permission granted by the Company and may give to a claim for damages and/or be a criminal offence.

DISPUTES

8.1 In the event of any dispute arising from, or in connection with these Terms and Conditions, the party that is claiming that there is a dispute is required to give written notice to the other party setting out the details of the dispute and proposing a resolution.

8.2 Within seven (7) days after receiving the notice, the parties must, by their Director or Senior Manager (individual/s who have authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith.

8.3 All aspects of every such conference, except the fact that the conference occurred, will be privileged.

8.4 In the event where parties are unable to resolve the Dispute or agree on an alternate method to resolve the Dispute, then it can be referred by either party (by notice in writing to the other party) to litigation within twenty one (21) days after receipt of the notice.

AMENDMENTS TO TERMS AND CONDITIONS

9.1 Comply My Property reserves its right to amend these Terms and Conditions without notice from time to time as its sole discretion and any such amendments shall be effective immediately upon posting the amended Terms and Conditions on the site.

9.2 Once Comply My Property publishes the revised Terms and Conditions on its website, the revised Terms and Conditions are effective from the Effective Date noted in these Terms and Conditions.

JURISDICTION

10.1 These Terms and Conditions are to be governed by and construed in accordance with the law of New South Wales, Australia.

10.2 If any disputes arise with respect to these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

10.3 You may access Comply My Property outside of Australia, however, we make no representation that Comply My Property complies with the laws and the compliant requirements outside of Australia.