1) Who are we
a) PropertyFinder is owned and operated by PRDnationwide. In these terms, “PropertyFinder”, “us”, “we” or “our” means PropertyFinder or its related bodies corporate and references to the website means the PropertyFinder website at https://www.propertyfinder.com.au/privacy.
b) By proceeding to utilise our website and services, you confirm that you have read and agree to be bound by the Terms.
c) We reserve the right to change or amend the Terms at any time. If we do, the new Terms will be published on our website. Your subsequent or continued use of the website will constitute your acceptance of any changes to the Terms. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the website.
a) Our services include searching and displaying information related to sales and rental properties and Australian suburbs as well as comparison of utility and other products and services such as energy and telecommunications through our website and through our third party partners.
b) We may sub-contract some of our services and utilise the services of third parties to fulfil some of our services to our customers.
4) Intellectual Property and Thirty Party Links
a) All material contained on the website is our property or licensed to us. You do not have any right, title or interest in or to any proprietary rights relating to the website.
b) You must not utilise, reproduce or replicate any of the material on our website without our express written permission.
c) We may feature or display links and pointers to websites operated by third parties on our website. Such websites do not form part of our website and are not under our control. Any content belonging to third parties remains the property of the specific third party.
d) Any links to third party websites or content are provided solely for the convenience of the customer. We take no responsibility for the content or security of third party websites. In using any third party material, the customer acknowledges that they do so at their own risk.
e) If you contact a third party using functionality provided on our website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
f) You must not use the website in breach of any applicable laws or regulations or for any unlawful purposes.
g) We are responsible for updating our website but we make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our websites for or on behalf of us, and any third party content on our website).
5) Invitation to Contact
a) By submitting an application to us you explicitly authorise us, the relevant retailer and our other third party partners including Domain Holdings Australia Limited to contact you via phone, SMS, MMS, emails or any other electronic or direct methods in order to provide our services to you or to provide you with news, information or advice about our, or their, existing and new products and services.
b) If your phone number is on the Do Not Call Register, you confirm and consent that the communication is solicited.
c) You authorise and consent to us and our third party partners contacting you for marketing promotions, which include telephone, SMS, MMS, emails or direct mails or any other format of marketing.
a) By submitting an application, you consent and explicitly authorise us to arrange for your connection/disconnection of the nominated utility products or services.
b) You must provide accurate, complete and up-to-date information in your application and by submitting the application you confirm that all information is accurate, complete and up to date.
c) Any application for connection is subject to the terms and conditions of the relevant retailer and is subject to approval from the retailer. You acknowledge that we do not guarantee to its customers a connection with any retailer.
7) Customer Information
b) We may need to disclose your information to, third party partners and retailers for the purpose of providing our services and for the connection or disconnection of your utilities. By submitting your application you consent to us to do so.
a) You acknowledge that in providing price comparison information or quotes about products from our retailer partners or clients, we need to make certain assumptions about our customers which include but are not limited to their energy consumption and meter types or tariffs etc. We recommend that you participate and answer all the relevant questions to help us provide you with more accurate price comparison information or quotes.
b) We may provide information to you about products or offers based on our understanding of your requirements and our industry experience. However, you must asses any product information and make your own decision as to whether a particular product is suitable for you and your requirements.
9) Customer acknowledgements about comparisons and services
a) We do not represent all retailers in the market and therefore may not offer or discuss with you all of the products and services offered in the market or all of the products and services offered by each retailer. We are only able to offer information to our customers on the products and services which are made available to us by the retailers. We may change retailers from time to time and we do not guarantee that we can offer the product or service of any particular retailer.
b) We are reliant on retailers to provide up to date pricing and product information. We are not responsible for any pricing change or product change by a retailer.
c) You are solely responsible for choosing their choice of retailer or agreeing to proceed with choice recommended on our website or by our call centre staff.
d) Information supplied by you is taken as bona fide and we will not verify the accuracy of the information or data supplied by you.
e) Savings shown on our website or discussed with you are based on the information provided by you and the information provided to use by retailers. The savings are indicative and we do not warrant their accuracy.
f) You may be charged a cancellation fee by your existing retailer if you cancel your existing service. We recommend that you consider the costs associated with switching retailers before making the decision to do so.
10) Connections and disconnections
a) You acknowledge and consent to us gathering or seeking to gather National Meter Identifier (NMI) or Metering Installation Registration Number (MIRN) either directly or through third party partners, for the purpose of connecting your electricity or gas to the supply address.
b) You acknowledge that we facilitate the connection of utility services for our customers with retailers but we are not responsible for the actual connection or disconnection of these services. We do not accept any liability for the connection or disconnection of services by retailers.
c) Energy connections and disconnections are usually carried out between Monday and Friday (working days only) between 9 am and 5 pm.
d) Once a connection has been established with a retailer, you should direct any queries in relation to the products or services to the retailer, including any queries in relation to payment, debts, billing and monitoring.
a) You must not assign, transfer or otherwise deal with all or any part of their rights or obligations under these Terms without first obtaining our prior written consent, which will not be unreasonably withheld.
12) No Partnership
a) The Terms do not create or evidence a partnership or joint venture between us.
a) We exclude all implied conditions and warranties from the use of our services, except any condition or warranty (such as conditions and warranties implied by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
b) We will not be liable under any circumstances for any loss or damage of any kind (whether under contract, or otherwise) which arise from you:
i) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website or discussed on a call with one of our representatives and/or any linked sites on the website;
ii) errors, defects or omissions on the website or on a call with one of our representatives;
iii) delays to, interruptions of or cessation of the services provided on the website or on a call with one of our representatives;
iv) acting, or failing to act, on any information contained on or referred to on the website or on a call with one of our representatives; or
v) for any other reason permitted by law.
c) To the maximum extent permitted by law, we limit any liability for:
i) breach of any Non-excludable Condition; and
ii) breach of contract caused by or contributed by a party, to the cost re-supplying our connection services to you, if reasonably possible, or payment of the cost of a third party supplying equivalent connection services to you.
d) Neither of us will, in any circumstances, be liable to the other for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
e) By using the website, you agree that the limitations of liability set out in these Terms are reasonable and accept our services on this basis.
a) You agree to indemnify us and our officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from your breach of these Terms and any negligent or unlawful act or omission by you in connection with the services.
15) Customer Warranty
a) You agree not to use the website or our services for any illegal purpose.
b) You agree not to plagiarize, translate or reproduce, modify anything on our website without our prior written consent.
c) You agree not to harm or malign our website in any way nor do anything to disrupt or affect our services.
d) You must not use our website for any commercial purpose.
16) Commissions Fees and Disclosures
a) We will not charge you for the use of our services.
b) We receive, either directly or indirectly, commissions from retailers for successful connections. The commission that we receive is sometimes shared with third parties like real estate agents, our joint venture partner Domain Holdings Australia Limited and its related bodies corporate, or associated businesses who may have referred you to us or to our website.
a) A notice or communication to be served or given under these Terms must be in writing including without limitation service by hand delivery, ordinary, certified or registered pre-paid post.
b) The date a notice is deemed served, given and received is:
i) if delivered by hand, the day of delivery but if delivery takes place after 4:00 pm on a Business Day or on a day that is not a Business Day then it is deemed served, given and received on the next Business Day;
ii) if posted, three (3) Business Days after the day it is posted.
a) We may terminate your access to our services at any time without any notice.
b) We are not liable for any loss or damage as a consequence of the termination.
19) Governing Law
a) This agreement is between PropertyFinder and the users of the website (whether individuals or businesses).
b) Our services are limited to Australia and in some cases only in a few selected states of Australia.
c) These terms and conditions are governed by the laws of Australia.