Last updated: 4 December 2017
Welcome to https://www.leasesearch.com (this "Website"). This Website is owned and operated by LeaseSearch Pty Ltd (ACN 601 790 569) (“LeaseSearch” or “we”). This Website provides an online community that enables, amongst other things:
- (a) prospective tenants who are looking to lease commercial real estate to:
- i. conduct a search process for commercial property to lease;
- ii. interact with prospective landlords, agents, developers etc. in respect of the commercial property to be leased; and
- (b) prospective landlords, agents, developers etc. seeking to offer commercial premises for lease to interact with prospective tenants;
- (the “Services”).
Different types of Users :-
LeaseSearch may refuse any request for registration.
If you wish to become a Registered User, you must provide LeaseSearch with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. User Registration Information requested by us may include, but is not necessarily limited to:
- - your full name and prefix (e.g. Mr or Mrs), so that we can identify you
- - your primary telephone number, so that we can contact you if there is a problem
- - your postal address (business and/or home)
- - your email address, so that we can correspond with you electronically and administer your account (e.g. password resets)
- - credit card and account details
- - details of the company you represent (eg company name, address and contact details) and the title of your position at that company
You must promptly notify and update LeaseSearch if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to LeaseSearch contacting you via such means.
Use of the Website Material :-
LeaseSearch provides a platform for enabling Prospective Tenants and Interested Parties to interact with each other. LeaseSearch accepts no liability for any aspect of the interaction between a Prospective Tenant and an Interested Party, whether a Prospective Tenant proceeds to lease a commercial property or whether an Interested Party ultimately offers its commercial property for lease. The Users acknowledge and agree that this Website’s function is to connect Prospective Tenants with Interested Parties and that this Website does not offer an ‘end to end’ solution. Prospective Tenants and Interested Parties will need to undertake themselves any work necessary to for example, negotiate the terms of a lease. We recommend that Prospective Tenants and Interested Parties each seek their own independent legal and professional advice before finalising any agreement. They should also independently verify the identity of the other party before entering into any binding agreement.
LeaseSearch has no obligation to any User to assist or involve itself in any way in any dispute between Users.
Intellectual Property Rights :-
Submitted Materials :-
If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including LeaseSearch and its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
You agree that LeaseSearch may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by LeaseSearch and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and LeaseSearch; and (iv) directly or indirectly commercially benefit from your User Material.
LeaseSearch does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant LeaseSearch an irrevocable, perpetual, non-exclusive, royalty-free, to use that User Material.
Template Terms and Conditions:-
LeaseSearch may (but is not obligated to) provide a template set of expression of interest terms and conditions or other terms and conditions associated with the lease search process (“Template Ts & Cs”) for Users of this Website to modify, adapt, add to or remove from as appropriate in the context of their specific requirements. Users are responsible for obtaining their own independent legal and professional advice as to the suitability of the Template Ts & Cs to their particular circumstances prior to using those Template Ts & Cs. Similarly, Users responding to Template Ts & Cs issued by the other party are responsible for obtaining their own independent legal and professional advice as to the suitability of the Template Ts & Cs for their particular purposes.
LeaseSearch provides the Template Ts & Cs on an “as is” basis and LeaseSearch makes no representations, warranties or undertakings with respect to the suitability, appropriateness, currency, accuracy or completeness of the Template Ts & Cs. LeaseSearch is not liable to Users in any way for the use of the Template Ts & Cs. Users must not use the Template Ts & Cs for any other purpose other than in connection with this Website.
Users must submit to the Website and LeaseSearch the User Information required by the relevant Website field or form.
LeaseSearch may, in its sole discretion, remove any User Material posted by a User for any reason.
Prohibited activities :-
You must not use this Website if you are aged under 18 years of age.
You must not submit, post, upload, email or otherwise send or transmit to this Website, LeaseSearch or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.
Nature of the Services :-
You acknowledge and agree that:
- (a) LeaseSearch is not acting as a real estate agent, other type of agent or in any other similar capacity;
- (b) the Services and the Website are provided as a tool to assist Prospective Tenants to search for Interested Parties (and vice versa); and
(c) the listings available on the Website and through the Services are a selected group of listings and are not intended to be a comprehensive listing of:
i. every property available on the market;
ii. every Interested Party in the market; or
iii. every Prospective Tenant in the market.
Confidentiality of user name and password :-
If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform LeaseSearch. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly.
Cessation of services :-
Indemnity by you :-
Other websites :-
Changes to this Website :-
LeaseSearch may, from time to time and with or without notice to you, make changes to this Website, the Website Material and the Services.
Availability of this Website :-
This Website, the Website Material and the Services are provided on an “as available” basis and LeaseSearch is not liable if this Website, the Website Material or the Services are unavailable for any period. LeaseSearch may, from time to time and with or without notice to you, temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. LeaseSearch does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.
Accuracy of this Website :-
This Website, the Website Material and the Services are provided on an “as is” basis and LeaseSearch makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.
Users must pay the then applicable the fees and charges specified on this Website in respect of their use of this Website and the Services (“Fees”).
LeaseSearch may from time to time change the Fees and the terms applicable to their payment. Any changes are effective as at the date those revised Fees or terms are published on this Website.
All Fees payable to LeaseSearch are non-cancellable and non-refundable, subject to any of your rights that cannot be excluded under applicable law.
If LeaseSearch introduces a new service on this Website, the fees applying to that service will be payable as from the launch of the service and will also be Fees under this Agreement.
All payments under or in connection with this Website must be made in Australian dollars, unless otherwise agreed by the relevant parties.
Unless specified otherwise, all consideration payable under this Agreement in relation to any supply is exclusive of any applicable GST.
LeaseSearch accepts payments via the payment methods indicated on our payment page. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the relevant payment.
Except to the extent that the same may not be excluded or limited as a matter of applicable law, LeaseSearch excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).
Limitation of liability :-
Force majeure :-
Each User represents and warrants that it has the authority to act on behalf of, and bind, any organisation that it represents.
Entire agreement :-
Rights cumulative :-
Governing law :-
Contacting LeaseSearch :-
Level 6, 66 Hunter Street
Sydney NSW 2000