1.1. Welcome to www.masterspropertyportal.com.au (the 'Website').
The Website Online Planning and Development Services (the 'Services').
1.2. The Website is operated by Mastes Property Portal PTY. LTD. (ACN 636 543 210) .
Access to and use of the Website, or any of its associated Products or Services,
is provided by Masters Property Portal. Please read these terms and conditions
(the 'Terms') carefully. By using, browsing and/or reading the Website,
this signifies that you have read, understood and agree to be bound by the Terms.
If you do not agree with the Terms, you must cease usage of the Website, or any of Services,
1.3. Masters Property Portal reserves the right to review and change any
of the Terms by updating this page at its sole discretion. When Masters
Property Portal updates the Terms, it will use reasonable endeavours to
provide you with notice of updates to the Terms. Any changes to the Terms
take immediate effect from the date of their publication. Before you continue,
we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
You may also accept the Terms by clicking to accept
or agree to the Terms where this option is made available
to you by Masters Property Portal in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase
a subscription through the Website (the 'Subscription') and
pay the applicable fee for the selected Subscription
(the 'Subscription Fee').
3.2. Every new user is entitled to a free trial of a
5-day subscription of the ‘trial package’ and its
accessible services (maximum of 5 days). The user must
still register their details and financial information
for incurring a subscription charge immediately once the
5-day subscription ends (assuming they do not cancel their
subscription when the trial period ends). The user will
receive an email notification when the trial period ends.
3.3. In purchasing the Subscription,
you acknowledge and agree that it is your
responsibility to ensure that the Subscription
you elect to purchase is suitable for your use.
3.4. Once you have purchased the Subscription, you
will then be required to register for an account through
the Website before you can access the Services (the ' Account').
3.5. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(f) Company name and ACN
3.6. You warrant that any information you give to
Masters Property Portal in the course of completing
the registration process will always be accurate, correct and up
3.7. Once you have completed
the registration process, you will
be a registered member of the Website ('Member')
and agree to be bound by the Terms. As a Member
you will be granted immediate access to the Services
from the time you have completed the registration
process until the subscription period expires (the
3.8. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Masters Property Portal; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are
resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Masters Property Portal of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Masters Property Portal providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Masters Property Portal;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Masters Property Portal for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use
of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) Debit or Credit Card
5.2. All payments made in the course of
your use of the Services are made using Stripe.
In using the Website, the Services or when making
any payment in relation to your use of the Services,
you warrant that you have read, understood and agree
to be bound by the Stripe terms and conditions which
are available on their website.
5.3. You acknowledge and agree that where
a request for the payment of the Subscription Fee is
returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason,
then you are liable for any costs, including banking
fees and charges, associated with the Subscription Fee .
5.4. You agree and acknowledge that Masters Property
Portal can vary the Subscription Fee at any time
and that the varied Subscription Fee will come into
effect following the conclusion of the existing Subscription Period.
5.5. You are entitled to a lock-in contract for 12 months.
6. Refund Policy
Masters Property Portal will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Masters Property Portal makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related
products of Masters Property Portal
are subject to copyright. The material
on the Website is protected by copyright
under the laws of Australia and through
international treaties. Unless otherwise indicated,
all rights (including copyright) in the Services and
compilation of the Website (including but not limited
to text, graphics, logos, button icons, video images,
audio clips, Website, code, scripts, design elements and
interactive features) or the Services are owned or controlled
for these purposes, and are reserved by Masters Property Portal
or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Masters Property Portal, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
7.3. Masters Property Portal does not grant you any
other rights whatsoever in relation to the Website
or the Services. All other rights are expressly reserved
by Masters Property Portal.
7.4. Masters Property Portal retains all rights, title
and interest in and to the Website and all
related Services. Nothing you do on or in relation
to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.5. You may not, without the prior
written permission of Masters Property
Portal and the permission of any other
relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does
not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8.1. Masters Property Portal takes your privacy
seriously and any information provided
through your use of the Website and/or
Services are subject to Masters Property
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees,
warranties, representations or conditions implied or
imposed by law, including the Australian Consumer Law
(or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Masters Property Portal will not be liable for any special,
indirect or consequential loss or damage (unless such loss or
damage is reasonably foreseeable resulting from our failure to
meet an applicable Consumer Guarantee), loss of profit or opportunity,
or damage to goodwill arising out of or in connection with the Services
or these Terms (including as a result of not being able to use the Services
or the late supply of the Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Masters Property Portal make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Masters Property Portal) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Masters Property Portal; and
(d) the Services or operation in respect to links
which are provided for your convenience.
10. Limitation of liability
10.1. Masters Property Portal's total liability arising out
of or in connection with the Services or these Terms,
however arising, including under contract,
tort (including negligence), in equity, under
statute or otherwise, will not exceed the
resupply of the Services to you.
10.2. You expressly understand and agree
that Masters Property Portal, its affiliates,
employees, agents, contributors and licensors
shall not be liable to you for any direct,
indirect, incidental, special consequential
or exemplary damages which may be incurred by you,
however caused and under any theory of liability.
This shall include, but is not limited to, any loss
of profit (whether incurred directly or indirectly),
any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated
by either you or by Masters Property Portal as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) providing Masters Property Portal with 14 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Masters Property Portal has made this option available to you.
Your notice should be sent, in writing, to Masters Property Portal via the
'Contact Us' link on our homepage.
11.3. Masters Property Portal may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Masters Property Portal is required to do so by law;
(c) the provision of the Services to you by Masters Property Portal
is, in the opinion of Masters Property Portal, no longer commercially
11.4. Subject to local applicable laws, Masters Property Portal reserves
the right to discontinue or cancel your membership at
any time and may suspend or deny, in its sole discretion,
your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Masters Property Portal's
name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Masters Property Portal, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the
Terms, either party may not commence
any Tribunal or Court proceedings in
relation to the dispute, unless the
following clauses have been complied
with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has
arisen under the Terms, must give written notice
to the other party detailing the nature of the dispute,
the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party,
the parties to the Terms ('Parties') must:
1.1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
1.4. The mediation will be held in Sydney, NSW, Australia.
All communications concerning negotiations made by the
Parties arising out of and in connection with
this dispute resolution clause are confidential
and to the extent possible, must be treated as
"without prejudice" negotiations for the purpose
of applicable laws of evidence.
13.5. Termination of Mediation:
If 3 months have elapsed after the start
of a mediation of the Dispute and the
Dispute has not been resolved, either
Party may ask the mediator to terminate
the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Masters Property Portal is intended to
be viewed by residents of Australia. In the event of any
dispute arising out of or in relation to the Website, you agree
that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
15. Governing Law
The Terms are governed by the laws
of New South Wales, Australia.
Any dispute, controversy, proceeding or
claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall
be governed, interpreted and construed by, under and pursuant
to the laws of New South Wales, Australia, without reference to conflict
of law principles, notwithstanding mandatory rules. The validity of this
governing law clause is not contested. The Terms shall be binding to the
benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions
of the Terms are fair and reasonable and
both parties having taken the opportunity
to obtain independent legal advice and declare
the Terms are not against public policy on the
grounds of inequality or bargaining power or general grounds of
restraint of trade.
If any part of these Terms is found to be void or
unenforceable by a Court of competent jurisdiction,
that part shall be severed and the rest of the Terms shall remain in force.