LeaseSearch.com

Website Terms of Use

Terms of Use

Last updated: 4 December 2017

Introduction and your agreement to these Terms of Use :-

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”).

These Terms of Use govern your access to and use of this Website, including any: (i) analysis, software, database, information, content or materials that are located on, form part of or available through or in connection with this Website (the “Website Material”); and (ii) the Services. By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website.

Privacy Policy :-

These terms and conditions of use (these "Terms of Use") are deemed to incorporate this Website’s privacy policy (the “Privacy Policy”) which is available on this Website and which you should read together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use. By accessing this Website, you consent to, and authorize, the collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Changes to these Terms of Use :-

LeaseSearch may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

Different types of Users :-

Subject to these Terms of Use, any person may be able to access or use certain sections of this Website via the internet without registering with or disclosing any personally identifying information to LeaseSearch (an “Unregistered User”). To make full use of the functionality of this Website, you will need to register with LeaseSearch. There are two different types of registration (collectively referred to as “Registered Users”), namely: (i) registration for prospective tenants who are seeking to use the Services to find a suitable commercial property to rent (a “Prospective Tenant”); and (ii) registration for prospective landlords, agents, owners, developers etc. who are seeking to use the Services to find a tenant for a particular commercial property (an “Interested Party”). In limited circumstances an Interested Party may also be a Prospective Tenant (and vice versa).

LeaseSearch may refuse any request for registration.

Unregistered Users and Registered Users are referred to collectively in these Terms of Use as“Users”. LeaseSearch may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users, and depending also on the type of registration.

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 :-

The Website Material is provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. LeaseSearch grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to download and use the Website Material solely in accordance with these Terms of Use.

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 :-

All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in LeaseSearch (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in LeaseSearch’s (or its licensors’) intellectual property rights to you.

Submitted Materials :-

This Website may allow Users to submit or post information, content and materials (“User Material”) to this Website and/or LeaseSearch, for access and use by other Users and/or LeaseSearch. References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material. LeaseSearch does not systematically review User Material submitted by Users and is not responsible for the form or content of any User Material.

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.

Posting Information:-

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 :-

LeaseSearch may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where LeaseSearch believes that you are in breach of these Terms of Use.

Indemnity by you :-

You must indemnify and hold harmless LeaseSearch (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by LeaseSearch (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

Other websites :-

LeaseSearch is not responsible for the policies and practices of internet websites operated by persons other than LeaseSearch, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

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.

Fees:-

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.

Disclaimer :-

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 :-

Except to the extent that the same may not be excluded or limited as a matter of applicable law, LeaseSearch is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of LeaseSearch), suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this Website, the Website Material or the Services.

If any law implies a condition or warranty into these Terms of Use in respect of goods or services supplied, and LeaseSearch’s liability for breach of that condition or warranty may not be excluded but may be limited, LeaseSearch’s liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, LeaseSearch doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, LeaseSearch doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

Force majeure :-

LeaseSearch will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by LeaseSearch to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond LeaseSearch’s control.

Assignment :-

You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. LeaseSearch may assign, transfer, sub-contract or otherwise dispose of any or all of LeaseSearch’s rights and/or obligations under these Terms of Use to any person.

Authority:-

Each User represents and warrants that it has the authority to act on behalf of, and bind, any organisation that it represents.

Entire agreement :-

These Terms of Use, together with any additional terms and conditions or usage rules set out on this Website from time to time, constitutes the whole agreement between you and LeaseSearch relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Rights cumulative :-

The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

Waiver :-

No failure to exercise nor any delay in exercising by LeaseSearch of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

Invalidity :-

If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

Governing law :-

These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Interpretation :-

In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

Contacting LeaseSearch :-

All correspondence to LeaseSearch, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

Email:
info@leasesearch.com.au

Address:
LeaseSearch
Level 6, 66 Hunter Street
Sydney NSW 2000