(Buildlink Plus, Servicelink Plus, Realestatelink Plus)
Terms And Conditions
Our Disclosures:
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- we may change the Rewards and features of the Subscription available on the Site;
- we may need to change the Price from time to time. If we change the Price, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the new Price to your existing payment details for all payments for your Ongoing Subscription. If you do not agree with the new Price, you may cancel your Subscription in accordance with these terms;
- subject to your consumer law rights, our liability under these terms is limited to the price paid by you to us subject of the relevant claim, and we will not be liable for consequential loss;
- subject to your consumer law rights, we exclude our liability for any defect or error on the Site, including any transaction entered into between you and any merchant; any Rewards you receive through the Subscription; and any Rewards that are lost, altered, damaged, delayed or misdirected due to any reason beyond our reasonable control;
- We may amend these Terms at any time by publishing updated terms on our Site; and
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.
Nothing in these terms limit your rights under the Australian Consumer Law.
1. Introduction
- This website (Site) is operated by Propertylink Plus(ABN: 28671843084)(we, our or us). We offer a Site that provides you with access to our Subscription packages which comprise of merchandise, software, discount codes, vouchers and offers from businesses..
- These terms and conditions (Terms) are between us and you, the person purchasing a Subscription through the Site.
2. Acceptance and Use of the Site
- You accept these Terms by purchasing a Products, merchandise or Subscription via the Site.
- You must not use the Site or purchase a Subscription unless you are at least 18 years old.
- You acknowledge that your Subscription may include entry to events we run, and that additional terms and conditions may apply for such events which you must accept.
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When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Site to defame, harass, threaten, menace or offend any person;
- using the Site for unlawful purposes;
- interfering with any user of the Site;
- tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
- using the Site to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- facilitating or assisting a third party to do any of the above acts.
3. Accounts
- You must create an account in order to purchase a Subscription from us (Account).
- You must provide basic information when registering for an Account, such as your name and email address and you must choose a password. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date.
- You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
- It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
4. Subscriptions
- When you create an Account, you must select a Subscription. You may choose between different tiers of Subscriptions as set out on our Site.
- By purchasing a Subscription you are agreeing to pay the subscription fee set out on our Site to benefit from your Subscription.
- For an Ongoing Subscription (defined below), the Subscription Fee will be charged upfront on a monthly basis on the calendar day corresponding to when you purchased the Subscription (Payment Date). For a Fixed-Term Subscription (defined below), the Subscription Fee will be charged upfront for the entire Fixed-Term on Subscription the calendar day when you purchase the Subscription .
- Your Subscription Will continue for the Subscription period set out our Site.
- Some of our Subscription may continue for a fixed period of time, for example, 12 months (Fixed-Term Subscription)
- At the end of a Fixed-Term , Subscription you may purchase another. Subscription While you may cancel your FixedTerm Subscription before the end of the Subscription period, you will continue to get access to all of the features of your Fixed-Term Subscription for the remainder of the Subscription period.
- We may also offer Subscription that continue until cancelled (Ongoing Subscription)
- We may modify the Subscription Fee for Ongoing Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Subscription. You may cancel your Subscription at any time in the Account page / manage Subscription (or similar) section of your Account. The cancellation will apply to the next month and you will continue to be able to access the features of your Subscription until it is cancelled.
- You must not pay, or attempt to pay the Subscription Fee by fraudulent or unlawful means.
- Unless otherwise stated on our Site, the Subscription Fee is stated in Australian dollars.
- To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.
- We provide a number of payment methods on our Site, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
- In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete and that you are authorised to use the debit card or credit card to make the payment.
- We may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights or for any other reason at our sole discretion.
- If we suspend your Account or these Terms are terminated, we will immediately cease providing our services to you, and you will not be able to access your Account.
- Where your Account is deleted, your Subscription will end . If you delete your Account, you may reactivate your Account at any time, however, any forfeited Rewards will remain forfeited and will not be attributed to your reactivated Account, and you will need to purchase a new Subscription.
Fixed-Term Subscription
Ongoing Subscriptio
Payment
Termination
5. Rewards
- We have no liability for your use or non-use of any Rewards. We are not a party to any transaction entered into between you and any partner or merchant with whom you use any Rewards, and we have no control over the conduct of any partner or merchant, including any provision of goods or services by the partner or merchant.
- You must not use any fraudulent or unlawful means to access Rewards.
- Where Rewards are cash, the cash will be provided in the form of electronic funds transfer to your nominated bank account. Where Rewards are gift-cards, the gift card will be posted to the nominated address in your Account.
- It is your responsibility to ensure that you use the correct payment details. We accept no responsibility for any lost or misdirected funds.
6. Australian Consumer Law
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Site and Membership which cannot be excluded, restricted or modified ( Statutory Rights ).
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted (including any suitability and fitness for purpose warranties in relation to our services), except to the extent such warranties and conditions are fully expressed in these Terms.
7. Limitations
- You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
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Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the Rewards and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
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Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release
and discharge us from all liability, arising from or in connection with any:
- your acts or omissions;
- any use of your Account by a person other than you, or other than as reasonably contemplated by these Terms;
- any interaction between you and any merchant or third party listed on the Site;
- any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Membership, including the removal of any Reward, merchant or partner featured on our Site;
- any transaction entered into between you and any merchant or partner;
- any Rewards that you receive through the Subscription;
- any Rewards that are lost, altered, damaged, delayed or misdirected (whether or not after their receipt by you) due to any reason beyond our reasonable control;
- any tax liability you may incur; and/or
- any event outside of our reasonable control.
8. Intellectual Property
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site) (Our Intellectual Property) will at all times vest, or remain vested, in us.
- We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
- You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
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You must not, without our prior written consent:
- copy, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- breach any intellectual property rights connected with the Site, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
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Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social
media page or blog, provided that:
- you do not assert that you are the owner of Our Intellectual Property;
- unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- you comply with all other terms of these Terms.
9. General
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
- Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
For any questions and notices, please contact us at:
Propertylink Plus Pty Ltd (ABN: 28671843084)
Email: Support@propertylinkplus.com
Last update: 06 June 2024