Terms & Conditions
Terms of Service
The Certainty Property website www.certaintyproperty.com.au and any associated services that we provide are operated by Certainty Property Pty Ltd (“Certainty Property”, “us” or “we) ABN 85 631 059 866.
We may change or update the Terms from time to time at our sole and absolute discretion with or without prior notice to you. Such changes will be effective immediately and incorporated into these Terms.
You should review these Terms regularly for any changes and your continued use of our website or other services will be deemed to be your acceptance of the modified Terms.
In addition to the terms specified below if you are landlord the terms of your engagement with us are additionally specified by the Management Agreement and Rent Guarantee Annexure as well as relevant legislation.
In addition to the terms specified below if you are a tenant the terms of your engagement with us are additionally specified by the Management Agreement and Rent Guarantee Annexure as well as relevant legislation.
These written agreements constitute the entire agreement between yourself and us, and if there is any inconsistency between these Terms and a written agreement, the written agreement takes precedence.
Upon registration, you will be subscribed to Certainty Property’s email marketing list. We may send you emails about marketing opportunities and promotions including on behalf of our partners.
In providing our services, we rely on complete, true, and accurate information being provided to us. We will not be liable for any incomplete, false, incorrect, unlawful or inaccurate information provided to us by you or by any other party. You will be solely responsible for all costs, losses or expenses suffered or incurred by Certainty Property because of incorrect information provided to us. result of incomplete, false, incorrect, unlawful, or inaccurate.
We reserve the right to verify any information provided us by you and may contact you by telephone or email to verify that your information is accurate and correct before engaging with you. By providing a contact number or email address, you are expressly authorising and consenting to receiving communication from us in the form of calls and electronic messaging (including email and SMS) from Certainty Property at any time unless you expressly advise otherwise.
All intellectual property in relation to the site belongs to Certainty Property or our licensors or related entities. This includes but is not limited to the content on the site, the functionality of the site and the text, data, software, design, icons, logos, copyrights, designs, trademarks, concepts, and site graphics.
You agree not to do anything that interferes with or breaches our intellectual property rights. You must obtain our written permission to put a text link on any website you operate (known as backlinks) linking back to the site. This permission may be revoked at any time. Unless you have written consent to do so, you must not use our name (implied or otherwise) or our namesake in a disparaging capacity, including on third-party review websites. We reserve our rights to recover any damages that result from a breach of these terms including because of disparaging or defamatory content.
In no circumstances will we be liable for any indirect, or consequential loss or damages, arising from or in any way in respect of a breach of these Terms, whether in tort, statute, contract or otherwise.
To the extent that our liability cannot be excluded by law and subject to any other agreement between us to the contrary, our maximum liability, whether in contract, equity, statute, or tort (including negligence), to you will be limited in aggregate to $250.
To the extent permitted by law and subject to any separate written agreement between us and you, our liability for breach of any warranty or condition (implied or otherwise) in connection with delivery of the Services by us which cannot be excluded is restricted to the re-supply of the relevant Services or at our option, a refund.
Excluding liability for negligence, the maximum liability of Certainty Property is the equivalent to the amount you have paid to us in respect to the services we have provided you.
We are under no obligation to provide any services to you, and our site should not be construed as an offer to manage your investment property or provide a rent guarantee to you or your clients.
Nothing on our site or in any conversations with us should be construed as financial advice. We make no representations whether you should utilise any of our services, including our rent guarantee. We are not licensed to provide financial advice, nor are we an insurance provider. Our rent guarantee is not a substitute for any insurance policy, and we are not responsible for any loss associated with our management, including but not limited to loss of rent or tenant damage to the property. If you rely on any information on our site or otherwise provided by us, you do so at your own risk. You should always seek independent financial and legal advice.
In relation to the ‘calculators’ on our website these rely on assumptions and inputs that do not relate to you directly. We make no representation that you will achieve any additional income or pay less fees based on the assumptions in our calculator and the output it generates. You must do your own research specific to your own situation. We are not responsible for any decisions you make in relation to your investment property including your decision to engage us based on information on our site.
These Terms will continue to apply even when you are not using the Site and the Services, even if your access to the Site or engagement with us has been suspended or terminated. You accept all obligations which by their nature are intended to survive expiration or termination shall survive expiration or termination of your use of the Site and/or the Services.
These terms and conditions must be construed and interpreted in accordance with the laws of the State of NSW, and you submit to the non-exclusive jurisdiction of the courts of NSW.