Please print a copy of Information that is important to you.
You must not copy or transmit any of the website, except for your personal, non-commercial use on your computer. All copyright, trade mark and other proprietary rights notices included in the website as presented at our website must appear on all copies you print.
Other product, services or company designations on our website belong to the third party websites and may be mentioned in our website for identification purposes only. You should contact the appropriate third party websites for more complete information regarding such designations and their registration status. Your use of and access to our website do not grant you any license or right to use any of the marks included on our website.
- Who we are
www.sitefinder.com.au (“SiteFinder”, or “the website”, or “our website”) is wholly owned and operated by SiteFinder Business Pty Ltd ABN: 77 611 889 582 (“SiteFinder Business”, “we”, “our” or “us”).
In these Terms and Conditions of Service:
“Content” means any information displayed and available for viewing or downloading. It includes, but is not limited to, data, text, copy, images, artwork, pictures, logos, sketches, photographs, drawings, advertisements, all multimedia (including video, sounds and animations), tools and services and other material posted or otherwise displayed or provided by this website.
“GST” means the Australian Goods and Services Tax (GST) charged under A New Tax System (Goods and Services Tax) Act 1999.
“Information” means property data, intelligence and knowledge communicated on the website; for example newsletters, blog posts.
“Payment Processor” means the third party payment processing service or gateway service contracted from time to time by SiteFinder.
“Service” means an online tool, search function or application supplying or making particular information available to users of the website.
“Service Purchase” means purchasing a single acquisition of information or content in the form of a collated report for one valid property address, as identified by the Lot and Plan Number of the property from SiteFinder without obtaining an account, for example buying a Site Report.
“SiteFinder” means the website www.sitefinder.com.au
“Site Report” means a collated report of related property data and information for one valid property address, as identified by the Lot and Plan Number of the property, distinguishable by the SiteFinder logo and trade marks.
“Subscriber” means a person or business, who pays a monthly fee to obtain ongoing access to the information on this website at a fee for a number of services as ongoing basis for a monthly fee set out in their subscription type.
“Subscription Fee” means the sum charged on a periodic basis for accessing content and professional services on this website.
“Subscription Service” means the supply of content to a subscriber pursuant to the licence contained in these Terms and Conditions.
“User” means a person who accesses the website www.sitefinder.com.au, including subscribers.
“User Fees” means the sum charged for accessing content and professional services on this website www.sitefinder.com.au on a service purchase basis.
- Acceptance of Terms
Please review each of these documents carefully before using our website and purchasing Subscription or Service Purchase from us.
If you do not agree with any of our Terms and Conditions, you must not obtain a Subscription Service or make a Service Purchase from SiteFinder.
By either making a single Service Purchase on this website, or subscribing to a Subscription Service and continuing to access the Content of this website, a User accepts our Terms and Conditions.
If a User has already made a Service Purchase or subscribed to a Subscription Service and objects to any of these Terms and Conditions, they may cancel their Subscription Service within 14 days without a cancellation fee. Otherwise the User will be deemed to have accepted our Terms and Conditions in their entirety.
Nothing in any of our Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
- Description of Services
SiteFinder offers Users access to and the opportunity to download Information and Content using our website. Users may also access specialised and unique Content by either making a Single Purchase or purchasing a Subscription Service. As well as offering free property Information and advice, we offer specialist services on a pay-per-user and Subscription basis.
We supply our Users with access to individualised Content and Information to gather data and instantly answer property queries. Our search engine retrieves information and downloads and creates data requests as made by Users.
- Notice Regarding Content and Information on the Website
All programming, text, images, mathematical algorithms and software used to retrieve and collate the Content and Information on our website, including the way our website functions, our search algorithm, our results processing and layout, are owned by us and protected to the maximum extent permitted by copyright, patent, and trade mark law, except where we have lawfully sourced Content from third parties.
The Content and Information are supplied pursuant to a non-exclusive and non-transferrable license in line with these Terms and Conditions. This license is for a User’s sole use only.
- Use of Services
A User must not market, develop, sell, modify or distribute any Content it obtains under a Single Service or Service Subscription, in particular:
- Any copies of Content or Information must be downloaded and reproduced in an unaltered form, including all copyright notices and disclaimers.
- Content is for a User’s personal use only, and must include proper attribution to SiteFinder.
- Commercial exploitation of any material is expressly prohibited.
- Content cannot be modified, altered, re-transmitted, distributed or commercialised without our written permission.
Users, or any person accessing the website on behalf of a User, acknowledge, agree and accept that:
- A User does not acquire any ownership rights in a Subscription Service or any Content or Information acquired while accessing SiteFinder.
- Users use our specialised code, software and search know-how for the sole purpose of accessing our database and obtaining Services, however do not have our authority to copy, publish, redistribute or otherwise make use of any Content or Information obtained from our website.
- SiteFinder is in no way responsible for the accuracy or completeness of information it obtains from third parties.
- Information and Content has been gathered from third party websites for your general information purposes only and is provided on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk.
- SiteFinder is in no way responsible for the accuracy, timeliness or completeness of Information it obtains from third parties.
Users agree not to modify the Content in any way that breaches our intellectual property rights.
- Third Party Content
In the unlikely event that a third party information provider suspends or terminates the provision of Content to us, for any reason whatsoever, a Subscriber’s Subscription Service may be cancelled or temporarily suspended for a period of time.
Where Content contains links to third party websites, a User understands and agrees that:
- The tools and services offered by SiteFinder may allow Users to communicate with third party providers and obtain further information.
- Third party providers do not form part of SiteFinder and we do not own or operate third party platforms.
- We provide links to third party websites for your information, reference and convenience only and are not responsible for the timeliness, accuracy or completeness of any Content on any third party websites.
- A link to a third party website is not a recommendation or provision of professional advice.
- SiteFinder is not responsible for checking the identity, or for the behaviour of, or for establishing the nature, condition or existence of every third party website and as described in the Information. All Information is provided as a guide. Seek professional advice.
- Links to third party websites do not imply, suggest or constitute any sponsorship, endorsement or approval by us of a third party website.
- Your decision to access linked third party websites is yours alone and you bear the responsibility for any consequences of your decision.
When a User completes an enquiry contact form on the website, the User acknowledges that unauthorised third parties may misuse the system and unlawfully intercept or read messages. SiteFinder is not liable for any misuse or unlawful interception of messages, downloads and other communications by unauthorised third parties.
- Registering and Accessing SiteFinder
8.1. Accessing SiteFinder
Users may access SiteFinder to browse free Content, obtain a Single Purchase or to purchase Subscription Services.
A User must not complete the registration process to establish an account or access any Services unless they have legal capacity. A User must be over the age of 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
8.2 Registration for a SiteFinder Account
A User wishing to obtain Subscription Services must follow the registration process on the website to obtain an account.
When the registration process is successfully completed SiteFinder will issue a confirmation email and the Subscriber will receive a unique username and password to allow access.
Subscribers accept and acknowledge that for the purposes of processing Subscription Services:
- Prospective Subscribers must provide accurate and truthful information concerning their identity.
- SiteFinder cannot register a Subscriber until we receive cleared payment.
- Subscribers may deactivate or cancel their SiteFinder Subscription at any time.
Subscribers understand and accept that even if their SiteFinder account is deactivated:
- Data relating to transactions performed may have been transmitted to third party websites, including but not limited to Google Analytics, and search engine web crawlers who have viewed and copied data from our website with our permission for the purpose of calculating website ranking and performing other analytical functions and services.
8.3 SiteFinder Subscription Types
- Managing Your SiteFinder Access
Each Subscriber is responsible for managing their account. Our Subscription Services are not transferable. Subscribers are required to manage their account appropriately and in accordance with these Terms and Conditions.
- Are obliged to provide accurate personal information and keep their personal information up-to-date, including their billing information.
- May have only one username and password, which must not be shared.
- Must create a password that is unique to this website.
- Must not transfer a username and password and that a username and password is issued to an individual Subscriber only and on the understanding it will confidential and will not be disclosed to third parties.
- Are obliged to notify us if they believe their account has been accessed without their authority.
SITE FINDER WILL NEVER ASK YOU TO DISCLOSE YOUR USERNAME AND PASSWORD. If a third party contacts a User requesting this information, the User agrees to immediately notify SiteFinder of this occurrence.
Users agree and understand that:
- We may monitor a User’s website usage, including concurrent usage of a username and password.
- We reserve the right to discontinue a User’s access to SiteFinder for making unauthorised use of the website.
- Unless expressly agreed by us, accounts are strictly for personal or internal business use only.
- Content obtained and/or downloaded from the website is not for public dissemination.
- Cancellation or Suspension of Service
A User’s access to Subscription Services will be cancelled immediately if we reasonably believe a User has acted in a manner that breached our Terms and Conditions. If we cancel a Subscription Service we will provide the Subscriber with written notice of this cancellation and the reason why. If appropriate the Subscriber will receive a pro-rata refund for any Subscription Fees paid.
Users acknowledge that:
- Damages may be an insufficient remedy to a breach of our Terms and Conditions, and that any infringement against SiteFinder Business’s intellectual property rights would be considered great.
- An infringement of our intellectual property rights breach may result in damages, plus also other legal remedies including injunctive relief being sought.
All parties acknowledge that any damages payable are without prejudice to any other injunctive relief or contractual liability that SiteFinder Business may be entitled to in accordance with this agreement as a result of any breach, including but not limited to breach of our intellectual property rights in the Service.
- Changes to SiteFinder Fees and Service
11.1 Terminating or Cancelling a SiteFinder Subscription Service
Subscription Services cannot be suspended but can be changed, upgraded or downgraded at any time. Subscribers may cancel their subscription by notifying us in writing at any time subject to the following:
- A cancellation of a Service Subscription will not take effect until the next billing date after a Subscriber has notified us of their intention to cancel their Subscription Service.
- A subscriber’s billing date is usually the date on which the Subscription Service was created.
We reserve the right to charge a cancellation fee for all cancellations and reinstatement fee for all accounts.
- User Fees
In order to obtain Services from SiteFinder payment must be made by credit card or PayPal.
All Users agree to make payment for Services in accordance with the current User Fees and Subscription Fees, which are listed on our website. All User Fees and Subscription Fees displayed on SiteFinder’s website are current and accurate at the time off issue, but are subject to change without notice to you.
All our User Fees and Subscription Fees are in Australian dollars and, unless otherwise stated, inclusive of 10% Goods and Services Tax (GST).
- Tax Invoices
Tax invoices for purchases of Services and Subscriptions will be sent to Users by email.
SiteFinder Business processes payments immediately via our Payment Processor. All Users accept and understand that the payment gateway provided by our Payment Processor is subject to the terms and conditions of the Payment Processor, and we have no control over, nor take any responsibility for its services.
- Subscription Fees
Subscription Services are supplied on an ongoing basis. They are ‘month-to-month’ and commence on the date the Service is first provided. All Subscription Services will automatically continue a subscription billing cycle based on the Subscription Service and using the billing details provided by the Subscriber during the registration process.
We will assume that all payment details provided by a Subscriber remain valid and use this information each month to process to a Subscription Service.
Subscribers acknowledge they are obliged to notify SiteFinder of any changes to their payment information that would result in them being unable to meet their payment obligations. Subscribers acknowledge they will be liable for all fees and changes, including bank dishonour charges and legal fees, incurred by us for collecting unpaid Subscription Fees. Subscribers accept that an unpaid Subscription Fee will result in:
- Their Subscription Service being cancelled; and
- Reinstatement fee being payable.
- Changes in User Fees and Services
SiteFinder expressly reserves the right to alter or discontinue any part, costs or feature of any Service we offer to Users at any time. We reserve the right to introduce new fees and increase our fees or modify our Services from time to time. Please check our website for our latest Services and fees.
If SiteFinder Business does so, we will provide you with no less than 30 days’ notice of this change and allow Subscribers to cancel their Subscription Service without charging a cancellation fee.
Subscribers will have 14 days from any change in a Subscription Service or Subscription Fee to cancel their Subscription Service, after which they will be deemed to have accepted the change.
- Warranty, Liability and Indemnity
SiteFinder reserves the right to transfer these Terms and Conditions, and to assign or subcontract any or all of its right and obligations under these Terms and Conditions, to a third party, but will not do so in such a way as to reduce any guarantees Users are given under these Terms and Conditions.
To the extent permitted by law, we exclude all conditions and warranties relating to your subscription that are not expressly set out in these Terms and Conditions and our Terms and Conditions of Use.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to:
- In the case of services supplied or offered by us, have those services re-supplied or pay the cost of those services.
- In the case of goods supplied or offered by us, have those goods replaced, repair those goods, or pay the equivalent cost of those goods replaced or repaired.
In no circumstances will we be liable to a User for any indirect, incidental, special and/or consequential losses or damages or loss of profits loss of income, profits, goodwill, data, contracts, use of money, of whatever nature howsoever arising. Excluding liability for negligence, our liability to a User will be limited to the amount(s) paid by a User in respect of Services obtained by a User within the last 12 months.
We warrant that all Content and Information contained in the website is true and correct, to the best of our knowledge.
The User agrees to indemnify SiteFinder Business and, where relevant, any third party, for any direct loss or damage (not including any consequential loss or special or punitive damages):
- For a breach of terms and conditions of these Terms and Conditions Agreement by the User.
- For any loss caused by the User failing to follow the express instructions of SiteFinder Business (and this failure has caused an avoidable loss).
- Where a User has attempted, or has, modified the material or information provided by us.
Users warrant to undertake appropriate care when accessing the website and their account (if relevant), including using up-to-date anti-virus software, malware and completing software updates.
Users will at all times indemnify and keep indemnified SiteFinder website and its respective officers, employees and agents (‘the indemnified’) from and against any loss, including reasonable legal costs and expenses, or liability incurred by any of those indemnified from any claim, demand, suit, action or proceedings by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of our Terms and Conditions by a User; and publications of or distribution of the material and/or information supplied by a User.
- Reliance on Website Content
Users acknowledge and agree that any Content provided on or by this website is for information purposes only, and a User has made, or will make, his or her own independent inquiries as to the suitability, appropriateness, fitness for purpose or otherwise of the Content for their personal needs.
The Content of this website, and any advertisements and promotions, including but not limited to any newsletters and the promotion of Subscription Services, are not to be taken as the provision of professional advice.
We make every effort to ensure the images displayed on this website are true and accurate representations. However a User understands and agrees that:
- Deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
- We are not responsible for any error in any images displayed on the website.
- Users are solely responsible for determining the extent to which they rely on the Content and Information provided on this website, and understand they should make up their own mind as to the suitability of any Content and Information for their own purposes.
We may occasionally undertake upgrades and maintenance of the website, including its databases, platforms and systems, which may result in restrictions on the availability of Content and Information for Users. Where possible, we aim to ensure that maintenance work that cause any such restriction are undertaken at a time when most Users are least affected.
We reserve the right to change these Terms and Conditions, including our Subscription Services and Subscription Fees and other related details:
- From time time.
- At our discretion.
- With or without giving further notice to you.
- Without giving you any explanation or justification for such change.
When we make such changes to our Services a User’s continued use after any change to these Terms and Conditions indicates a User’s acceptance of any change.
These Terms and Conditions, together with SiteFinder’s Terms and Conditions of Use, set out the entire agreement between both parties in relation to Subscription Services. These Terms and Conditions supersede all prior agreements and representations. No party can rely on an earlier written document or an act done by either party before this document was executed.
Notices shall be in writing, and may be delivered by courier or registered mail, or by electronic mail (with confirmation). Notice is deemed received on the day it is sent when sent electronically or three days after it is sent when sent by courier or registered mail.
If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions. The severed part will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.
These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principal of conflicts of laws.