Terms & conditions
SUBURBTRENDS – ONLINE SUBSCRIPTION AGREEMENT TERMS & CONDITIONS
Disclaimer and limitation of liability:
Under no circumstances will Suburbtrends or any related corporation or their respective directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content, including web-services.
In this Agreement the following terms shall have the meanings respectively ascribed to them:
a) The 'Customer; shall mean the person whose name and address entered in the Profile section of the sign-up form;
b) The 'Agreement' shall mean this Service Agreement when executed by the Customer by ticking "I Accept" in the subscribe page located at https://www.suburbtrends.com.au/subscribe;
c) Suburbtrends shall mean Suburbtrends Pty Ltd ABN 42 636 230 601; and
d) "Services" means the delivery and/or provision of internet property data to the Customer.
2. Purpose of the Agreement
The Customer hereby requests Suburbtrends to make the various Services for select suburbs specified and agreed to in https://www.suburbtrends.com.au/subscribe available to the Customer. This shall entitle the Customer to access the Service(s) specified subject to these Terms and Conditions, Suburbtrends subscription price list, and subject further to all Conditions which Suburbtrends may publish from time to time and provide to the Customer respecting Suburbtrends, Services.
3. Terms of Agreement
a) All information, whether printed, written or oral, incorporated in the publications or in any other document delivered to the Customer pursuant to this Agreement or submitted in answer to a regular or special enquiry or voluntarily furnished to the Customer by Suburbtrends is for the exclusive use of the Customer as one factor in the Customers marketing and other business decisions and for no other purpose. Such information shall be held in strict confidence. It is expressly agreed that the Customer shall neither request information for the use of others nor permit requests to be made under this Service Agreement by others.
b) This Agreement comes into effect immediately Suburbtrends notifying the Customer that it will provide the Service(s) to the Customer and remains in effect until terminated as specified herein.
4. Payments & Charges
a) The Customer will pay Suburbtrends for the one-time charges identified on https://www.suburbtrends.com.au/subscribe (except for those charges that have already been paid to Suburbtrends) on the delivery date.
b) Subscription and recurring credit card charges will commence on the sign-up date and are payable monthly in advance.
Suburbtrends reserves the right to add or withdraw any of its Services, and modify or otherwise improve Suburbtrends, Services without notice. Suburbtrends reserves the right to change any and all Service rates, documentation prices, fees and any other prices or other conditions of supply of the Agreement respecting Suburbtrends, Services at any time and all such changes shall be effective immediately. However Suburbtrends Pty Ltd. will use its best efforts to provide thirty (30) days notice in advance of the effective date of such changes.
It is recognised that data and information provided through Suburbtrends and the formats thereof, may be subject to the copyright and other property rights of Suburbtrends and/or the respective Database Providers. The Customer shall not commit or permit any act of omission or commission by its agents, employees or any third party which will impair the copyright or other proprietary rights to the data, information and formats.
All terms, conditions, representations, warranties, guarantees and indemnities (hereinafter "Statements"), not expressly contained herein, whether arising by operation of law or otherwise, are hereby expressly excluded to the maximum extent permitted by law and, in particular, but in no way limiting the generality of the foregoing, Suburbtrends makes no Statement as to the completeness or accuracy of the data comprised in Suburbtrends, Services or as to its fitness for use for any unknown purpose.
a) Suburbtrends shall not be liable to the Customer for any loss of profit, or earning, any damage or goodwill suffered by any person arising directly or indirectly out of its provision of Suburbtrends, Services whether in accordance with the terms of the Agreement or otherwise and whether caused by negligence of Suburbtrends its servants or agents or from any other cause.
b) Suburbtrends liability of any nature or kind (including, without limitation, negligence) with respect to the subject of this agreement, or for non-compliance with or breach of any Statement which cannot be excluded by agreement, is limited to providing the service in respect of which the breach or non-compliance arose, or, at Suburbtrends option, to the cost of having that service provided.
The Customer shall indemnify and hold Suburbtrends and its officers and employees harmless from and against any loss, claim, demand, expense (including legal fees) arising out of the Customer's use of Suburbtrends. The obligations imposed by this clause are owned jointly and severally to Suburbtrends and to its employees.
10. Cancellation Notice
a) The Customer may terminate this agreement upon minimum thirty (30) days written notice to Suburbtrends, with or without reason. In this instance, Suburbtrends shall not be obliged to refund at any time, the unearned portion of any consideration paid by the Customer under this Agreement.
b) Suburbtrends may terminate this agreement upon minimum thirty (30) days written notice to The Customer, with or without reason. In this instance, Suburbtrends shall be obliged to refund the unearned portion of any consideration paid by the Customer under this Agreement.
12. Entire Agreement
This Agreement, price lists and other notices provided to the Customer in any printed form or otherwise published by Suburbtrends, including revisions thereto, constitute the entire agreement as to the subject matter hereof.
13. Acceptance of Agreement
This agreement is not binding upon Suburbtrends until accepted by it. Suburbtrends hereby reserves the right to terminate this Agreement upon fourteen (14) days written notice, with or without reason, in which event it shall be obliged to refund at any time, the unearned portion of any consideration paid by the Customer under this Agreement.
14. Customer Warranty and Indemnity
The Customer warrants with respect to the information supplied that all requirements of the Privacy Act as to content security, access, disclosure and use, have or will be complied with in full.
15. Suburbtrends Privacy Statement
16. Laws to Govern
Unless varied by notice by Suburbtrends that this Agreement and all matters arising from the relationship of Suburbtrends and the Customer will be interpreted and governed in accordance with the laws of the State of New South Wales notwithstanding that the goods and services may be delivered outside the state of New South Wales. The Customer submits to the exclusive jurisdiction of the Sydney District Court or such other capital city in any other state that New South Wales may from time to time notify the Customer in writing of.