Terms & Conditions

HOW WE COLLECT AND USE THE PERSONAL INFORMATION YOU PROVIDE TO US

TERMS & CONDITIONS

Tala Property Management is the registered trading name of Leasing and Selling Pty. Ltd. (ACN 604 639 867) referred to as Tala Property Management or “us” or “our” or “we” in these terms and conditions.

TALA PROPERTY MANAGEMENT operates the website (including the home page and all sub-pages) located at the URL (“TALA PROPERTY MANAGEMENT website” or “our website” or “site”).

Through the TALA PROPERTY MANAGEMENT website, TALA PROPERTY MANAGEMENT provides advertising and marketing services to allow you to advertise and promote:

• the leasing of residential real estate and

• to the extent that you are an approved third party merchant who has accepted our Merchant Agreement (“Merchant”), services related to the leasing of property.

(“TALA PROPERTY MANAGEMENT service”, “our service”).

At TALA PROPERTY MANAGEMENT we are committed to customer service and ensuring you receive the best possible experience when dealing with us. It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email enquiry@talapm.com.au

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the TALA PROPERTY MANAGEMENT website by TALA PROPERTY MANAGEMENT, as amended from time to time, are the terms and conditions relating to the TALA PROPERTY MANAGEMENT service and the TALA PROPERTY MANAGEMENT website (“Agreement”) that apply between you and TALA PROPERTY MANAGEMENT.

By proceeding further, you agree that you will be bound by the Agreement at all times.

Please read the Agreement very carefully and if you do not agree with the Agreement, please do not use our website. If you proceed to register as a site user of the TALA PROPERTY MANAGEMENT website or as a TALA PROPERTY MANAGEMENT Merchant or continue to use the TALA PROPERTY MANAGEMENT website you will be deemed to have accepted the Agreement and you will agree to be bound by it.

AGREEMENT ACCEPTANCE

Please note that on completion of the TALA PROPERTY MANAGEMENT online registration process, which includes you expressly acknowledging that you have read, understood and accept this Agreement, your ability to become a site user will be activated and you will have entered into a legally binding agreement with TALA PROPERTY MANAGEMENT for the provision of the TALA PROPERTY MANAGEMENT service.

You should read this Agreement carefully before completing the registration process.

AMENDMENT, TERMINATION AND ENTIRE AGREEMENT

The Agreement is subject to change by TALA PROPERTY MANAGEMENT at any time at our sole discretion. We will post all amendments to the Agreement on the TALA PROPERTY MANAGEMENT website. If you subsequently continue to use the TALA PROPERTY MANAGEMENT website, the TALA PROPERTY MANAGEMENT service or continue as a site user, you will be deemed to have accepted the Agreement as amended.

Please note that TALA PROPERTY MANAGEMENT reserves the right to terminate your use of the TALA PROPERTY MANAGEMENT website for any reason, and reserves all of its rights in relation to all other matters.

The Agreement forms the entire agreement between you and TALA PROPERTY MANAGEMENT unless expressly stated by us otherwise and applies to the entire TALA PROPERTY MANAGEMENT website as well as to any correspondence, communication and other interaction of any kind between TALA PROPERTY MANAGEMENT, as the service provider, and you, as the user.

A reference to the terms and conditions or the Agreement means this Agreement as amended from time to time.

LEGAL CAPACITY AND MINIMUM AGE

You expressly warrant to TALA PROPERTY MANAGEMENT and to any other site user that you have attained the minimum age of 18 years and otherwise have the full legal capacity to use the TALA PROPERTY MANAGEMENT website and to enter any transaction sourced or derived from your use of the TALA PROPERTY MANAGEMENT service or TALA PROPERTY MANAGEMENT website.

If you are not sure of your legal capacity in relation to any transaction you should obtain your own independent legal advice in relation to your legal capacity and any transaction (financial or otherwise) you propose to enter before you perform any act or enter any transaction on the TALA PROPERTY MANAGEMENT website.

You further warrant that you will ensure that this Agreement is binding on your legal heirs, assignees, successors and personal representatives.

TALA PROPERTY MANAGEMENT ACCOUNT SECURITY AND ACCESS

You are responsible for maintaining the confidentiality of your TALA PROPERTY MANAGEMENT User Name and password (‘UNPW’), and you are fully responsible for all activities that occur under your UNPW. You agree to immediately notify TALA PROPERTY MANAGEMENT of any unauthorised use of your UNPW or any other breach of security and to ensure that you exit from your account at the end of each internet browser session. TALA PROPERTY MANAGEMENT will not be liable for any loss or damage of any kind arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or any computer that you believe or may have reason to believe is not secure so that others are not able to view or record your password or other personal information.

While TALA PROPERTY MANAGEMENT endeavours to ensure that the TALA PROPERTY MANAGEMENT website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to the TALA PROPERTY MANAGEMENT website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. TALA PROPERTY MANAGEMENT at any time may request some form of identification to establish the creditability of an account or its contents.

PRIVACY

Use of the TALA PROPERTY MANAGEMENT website and/or the TALA PROPERTY MANAGEMENT service is governed by our Privacy Policy as set out on this TALA PROPERTY MANAGEMENT website and such Privacy Policy forms part of this Agreement.

CONTACTING ADVERTISERS

If you have used the TALA PROPERTY MANAGEMENT website you agree to the TALA PROPERTY MANAGEMENT website terms and conditions. Specifically, you acknowledge your agreement with, and understanding of, the “Contacting advertisers” clause as detailed here in this section.

By using the TALA PROPERTY MANAGEMENT website you agree not to contact any advertiser for any purpose other than to potentially leasee their advertised property. If you are a individual, business, real estate agency, real estate agent or acting on behalf of a real estate agency or agent you agree that you cannot solicit business with any advertiser on the TALA PROPERTY MANAGEMENT website either by mail, phone, email or any other means without express written permission from TALA PROPERTY MANAGEMENT.

DISCLAIMERS

You further warrant and agree that you will undertake of your own accord such checks, independent verification and independent advice to satisfy yourself of:

the legal identity and capacity of any other party involved in any transaction facilitated by your use of the TALA PROPERTY MANAGEMENT website; and
the suitability and particulars of, and encumbrances, interests and laws affecting any real estate or interest in real estate that is published, disclosed, marketed, advertised or promoted using the TALA PROPERTY MANAGEMENT service.

You acknowledge that TALA PROPERTY MANAGEMENT and its officers, servants or agents expressly make no warranty or representation of any kind to you that any party (including you) using the TALA PROPERTY MANAGEMENT website has attained 18 years of age or is acting in full legal capacity in effecting any transaction through the TALA PROPERTY MANAGEMENT website.

 

LIMITATION ON LIABILITY

Subject to any liabilities that may not be limited by law, TALA PROPERTY MANAGEMENT, its officers, servants and agents and any related person, company or entity of TALA PROPERTY MANAGEMENT, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use of this TALA PROPERTY MANAGEMENT website, any activity, transaction, communication or other interaction between you any other party either directly or outsourced by TALA PROPERTY MANAGEMENT in any way or in connection with the use, inability to use or the results of use of this TALA PROPERTY MANAGEMENT website. Subject to the foregoing, TALA PROPERTY MANAGEMENT’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TALA PROPERTY MANAGEMENT for the use of the TALA PROPERTY MANAGEMENT website.

YOUR LIABILITY TO US

You are liable to us for breach of this Agreement or negligence under the principles applied by courts. You are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract). You agree to indemnify us, our officers, employees and agents against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Agreement.

CUSTOMER SUPPORT

TALA PROPERTY MANAGEMENT may from time to time provide assistance and guidance through its customer support representatives. If we feel that your behaviour towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to and use of our website and you will not be entitled to any refund.

CONTACT INFORMATION

If you have any questions about the rights and restrictions above, please contact us at enquiry@talapm.com.au.

 

APPLICABLE LAW

If you are accessing the TALA PROPERTY MANAGEMENT website from outside Australia you acknowledge that no representation of any kind is made by TALA PROPERTY MANAGEMENT or any other party as to compliance with any laws of any other country or the fitness of the TALA PROPERTY MANAGEMENT website or the TALA PROPERTY MANAGEMENT service for any purpose not governed by the laws of Australia.

GENERAL

In the event that you have any claim or action against any other site user arising from that site user’s use of our TALA PROPERTY MANAGEMENT website or the TALA PROPERTY MANAGEMENT service, you agree to pursue such claim or action independently of and without any demands from TALA PROPERTY MANAGEMENT, and you release TALA PROPERTY MANAGEMENT and its servants and agents from all claims, liability and damages, arising from or in any way connected to any claim or action.

If a claim or action is brought against us from your activities or use of the TALA PROPERTY MANAGEMENT website or the TALA PROPERTY MANAGEMENT service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to indemnify us, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ACT OF ACCEPTANCE

By checking this checkbox or by using the TALA PROPERTY MANAGEMENT website you, confirm than you have read and understood this Agreement and agree to be bound by it.