General Terms & Conditions

Your access to and use of the portal is subject to these Terms of Use.

Prior to using the Portal, you should read these Terms of Use carefully so that you understand them. Use of the Portal indicates your understanding and acceptance of these Terms of Use.

 

1.Your obligations

1.1 This portal is provided to you by New Directions Finance Group Pty Ltd (NDF).

1.2 You must supply us with complete, accurate and up to date personal information when to use this Portal and this information must be updated by you routinely to ensure that NDF maintains correct personal information data.

1.3 Unless NDF agrees otherwise in writing, you are provided with access to this Portal only for your personal or internal business use. You must not use this Portal for any other purpose unless you have first obtained the written consent of NDF.

 

2. Agency

2.1 The Portal collates third party products and services, but does not itself provide those products, it acts only as an agent for those third party providers. It is important that you obtain and read the third party provider’s terms and conditions applicable to the products available through the Website.

 

2.2 You should make yourself aware of any exclusions, or limitations of liability imposed by the third party providers. The Company has no responsibility for the products or services provided by these third party providers, nor does it make or give any warranty or representation regarding the standard of those Products or Services.

 

2.3 Any question or query regarding a specific product or service should be directed to the third party provider of that Product and/or Service.

 

2.4 All purchases are via the Portal made subject to the terms and conditions and limitations or liability imposed by those third party providers. If for any reason the third party provider is unable to provide the Product or Service, your remedy lies against the third party providers and not the Company.

 

2.5 The information regarding the specific products and/or services are supplied by third party provider of those products and/or services. Whilst NDF requests third party providers to check and update this information, it may be possible that the information is inaccurate and we recommend that you contact the third party provider regarding any questions prior to purchase.

 

2.6 To the maximum extent permitted by law, NDF excludes all liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise of the third party providers. For the avoidance of doubt, NDF will refund the Product Fee where a third party provider fails to deliver a product and / or a service.

 

3. Security

3.1 You must immediately notify us if you become aware that your user name or password details have been compromised, become known by a third party, or there has been an unauthorised use of your account and login details. Upon notifying us, we will take all reasonable steps to deactivate your account and issue you with new login details. Alternatively, if you are concerned that your user name or password details have been compromised, you can also reset your password via Account Settings.

3.2 For security reasons, NDF may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Portal. NDF is not responsible for any information that you may lose if NDF terminates your browser session due to prolonged periods of inactivity.

3.3 NDF will take industry best practice steps to secure the Portal and the systems within its control that are used to access the Portal. However, NDF does not guarantee the security of the Portal, the systems within its control or any information that passes through such systems, due to the unreliable nature of the internet or your inappropriate use of the Portal and/or systems in breach of these Terms of Use.

 

4. Intellectual Property

4.1 The Portal is owned and operated by NDF.

4.2 All information, text, material, graphics, software and advertisements on the Portal (“Content”) are copyright by NDF and its service providers, unless expressly indicated otherwise on the site. The Content is protected by Australian and international copyright and trade mark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Portal or expressly authorised in writing by NDF.

 

4.3 All trademarks displayed on the Portal are trademarks of their respective owners. Nothing contained on the Portal should be construed as granting any license or right of use to any trademark displayed on the Portal without the express written permission of the relevant owner.

 

4.4 NDF grants the customer a personal non-exclusive license to use the software associated with the Portal for the duration of their visit and for the sole purpose of making Service and/or Product enquiries or purchases.

 

5. Consent

5.1 You hereby acknowledge that NDF and its service providers may communicate with you for the limited purpose of:

(a) your use of the Portal

(b) providing you with news and information about the Portal

(c) responding to any specific request you make of us;

(d) administering and managing the Portal, as well as performing administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, and market or customer satisfaction research);

(e) providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from NDF or its services providers (the opportunity to subsequently ‘opt-out’ will also be provided); and;

(f) providing you with the opportunity to ‘opt-in’ and provide your consent to participate in enhancements to or new features of the Portal, through which NDF may use property or other information that is posted to or uploaded by you for the purposes of enhancing the customer’s use of the Portal (the opportunity to subsequently ‘opt-out’ will also be provided).

5.2 You hereby grant NDF and its service providers a worldwide, royalty free, irrevocable licence to use, store, adapt, sublicense, make derivative works of and otherwise commercialise any non-personal property data that relates to the attributes of or use of a property, or a customer’s use of the Portal, that may be posted or uploaded onto the Portal by you or users of the Portal for the limited purposes of:

(a) generating usage records and reports based on our customers’ and their end users’ use of our services, in aggregated and/or statistical form;

(b) conducting research about our products and services, the property market or product trends in aggregated and/or statistical form;

(c) developing our products and services, in particular the Portal;

(d) preventing or investigating any fraud or crime (or a suspected fraud or crime); and

(e) auditing and monitoring the services we provide and our customers’ and their end users’ use of the Portal, (“Customer Materials”).

5.3 However, notwithstanding clause 4.2, we will not:

(a) any personal information or sensitive information as those terms are defined in the Privacy Act 1988 (Cth.); or

(b) any owner’s or tenant’s contact details,

without first obtaining your consent or requiring you to ‘opt in’ to any further use of the information described in this clause 4.3.

5.4 You warrant that:

(a) your registration details are true and accurate; and

(b) the Customer Materials do not and shall not infringe upon or misappropriate any rights including, without limitation, intellectual property rights of any third parties or NDF and its service providers.

5.5 You agree to indemnify NDF and its service providers against any liability which we may incur to a third party whatsoever arising out of any breach of your warranties and out of your or your end users’ use of the Portal.

 

6. Links to third party websites

6.1 The Portal contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of NDF, and NDF is not responsible for the contents of any linked website or any hyperlink contained in a linked website. NDF provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by NDF. You click a link on the Portal that directs you to another website entirely at your own risk.

 

7. Information sent via Portal

7.1 NDF is not responsible for:

(a) the accuracy, veracity and completeness of material transmitted to NDF or the Portal; or

(b) errors in the manner of the input of material transmitted to NDF or the Portal.

products or services purchased.

 

8. Liability

8.1 To the maximum extent permitted by law NDF is not, under any circumstances, liable to you or your end users for any loss or damage suffered, whether directly or indirectly, as a result of your use of any service/facility available in the Portal.

 

9. No warranties

9.1 Except as specified in these Terms of Use, NDF gives no implied or express warranties in relation to the use of the Portal. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.

9.2 You acknowledge that some of the services and products available through the Portal are provided by third parties. NDF is not responsible for any third party services or products.

 

10. Privacy

10.1 NDF’s operations are bound and regulated by the Privacy Act 1988 (Cth), including the Information Privacy Principles set out in section 14 of that Act. For further information please see our Privacy Policy.

10.2 You agree to comply with the terms of the Privacy Act 1988 (Cth) and NDF’s Privacy Policy at all times during your use of the Portal.

 

11. Termination of Access

12.1 Access to the Portal may be terminated at any time by NDF without notice.

 

12. Miscellaneous

12.1 These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia.

12.2 If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.

12.3 All rights not expressly granted herein are reserved.

 “I have read and accept the above Terms and Conditions.”

 “I understand that the Property Profile is not a valuation nor does it constitute valuation advice. The price estimate is based on available data and may not represent actual market value.”