Member Registration

Terms & Conditions

Preamble
Definitions & Interpretation
Services
Fees & Disbursements
Acknowledgments, Warranties and Liability
Termination
General

1. Preamble

1.1. This document and any Attachment sets out the terms and conditions upon which offtheplan.com.au and offtheplan.co.nz (‘OTP’) agrees to provide Services to you (‘You’), the person seeking to use OTP’s Services. Please read this document carefully. If you agree to these terms and conditions, please click the ‘I Agree’ button at the head of this page. By clicking the ‘I Agree’ button, you accept these terms and conditions and enter into a legally binding and enforceable agreement with OTP on the terms and conditions set out in this document.

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2. Definitions and interpretation

2.1. In this document:

• (a) 'Agreement' means the agreement You enter into with OTP by accepting these terms and conditions in the manner stated in clause 1.
• (b) 'Intellectual Property' means any rights in the nature of copyrights, trademarks, industrial designs, inventions or trade secrets or proprietary and/or confidential information.
• (c) 'Material' means any artwork, images, text or information you provide to OTP in connection with the Services, regardless of medium or whether or not it is displayed on the Site.
• (d) 'Services' means the provision of advertising services by means of the Site of the kind and in the manner specified at the time You place Your order for services with OTP.
• (e) 'Site' means the website maintained by OTP at www.offtheplan.com.au and www.offtheplan.co.nz, and includes any website maintained or controlled by OTP that is linked to the site located at www.offtheplan.com.au and www.offtheplan.co.nz.
• (f) 'this document' means these terms and conditions, and includes the Schedule and any Attachments.
• (g) 'Term' means the period You specify for which You require Services at the time of ordering those Services.
• (h) 'You' has the meaning given to it in clause 1, and ‘Your’ has a cognate meaning.

2.2. In this document, unless repugnant to sense or context, all terms importing gender refer to all genders, all plural terms include the singular and vice versa, all references to persons include references to corporations, and all reference to clauses are references to clauses of this Agreement.

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3. Services

3.1. OTP agrees to display the Material You provide to it for that purpose on the Site in the manner and for the period You specify in placing Your order with OTP in the manner provided on the Site.

3.2. OTP is not liable to create, improve, or otherwise alter any Material on Your behalf.

3.3. You agree that OTP may alter Material in immaterial particulars if OTP considers it reasonably necessary or convenient to do so in order to provide you with the Services.

3.4. If You wish to vary or withdraw any of the Material prior to the end of the Term, you must give OTP 7 days prior written notice of your requirements. OTP must give effect to Your request as soon as is reasonably possible after the expiry of that notice period.

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4. Fees and disbursements

4.1. You agree to pay OTP’s fees in respect of OTP’s provision of the Services for the Term in the amount notified to You in the process of placing your order for Services with OTP, or in the amount appearing on OTP’s invoice, as the case may be. You agree that you will remain liable under this clause despite any request You make under clause 3.4.

4.2. You agree to pay OTP’s fees in respect of OTP’s provision of the Services for the Term, or such part of those fees as OTP may require, in advance of provision of those Services if OTP requests you to do so, and agree that OTP is not liable to provide You with Services until You have complied with OTP's request.

4.3. You agree that if you request OTP to incur disbursements on your behalf for any reason whatsoever, you will pay OTP such deposit against the cost to OTP of those disbursements, inclusive of any goods and services tax payable, as and when OTP requests.

4.4. You must pay OTP’s invoices in full within 14 days of the date of the invoice, unless You and OTP have agreed other terms and have recorded them in writing.

4.5. OTP is entitled to charge interest on overdue invoices at a rate of 8% per annum, calculated for each day payment is overdue.

4.6. OTP is entitled to recover its costs of recovering unpaid debts from You. Those costs may include fees charged by process servers, commercial agents, debt collectors, solicitors, courts and tribunals, and bailiffs, sheriffs or similar court officers.

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5. Acknowledgments, warranties and liability

5.1. You acknowledge that OTP does not provide You with advice in respect of your use of the Site, or in relation to any dealing or transaction connected with your use of the Site. You acknowledge that OTP does not hold itself out as a licensed real estate agent, and does not act for you in that capacity, and agree that nothing in this Agreement constitutes OTP your agent, representative, or professional advisor for any purpose.

5.2. You agree that OTP is not responsible for enquiring as to your purposes in using the Services prior to providing the Service to You, and that OTP has made no warranty or representation as to the fitness of the Services for any particular purpose. All warranties, whether or fitness for purpose or otherwise, that would be implied into this Agreement by law are excluded to the greatest extent allowed by law.

5.3. OTP’s liability to You, and the remedies you may seek from OTP, are limited to the greatest extent allowable by law. If any provision of this document purports to limit OTP’s liability or the remedies to which you are entitled against OTP to any greater extent, that provision is to be read down to the point where it is permitted by law.

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6. Termination

Rights to terminate

6.1. This Agreement will terminate automatically at the end of the Term, without need for further action by any party.

6.2. OTP may terminate this Agreement immediately on written notice to You if:

• (a) You fail to pay any of OTP’s fees or invoices in the manner and at the times required under this Agreement;
• (b) You become insolvent for the purposes of the Corporations Act 2001 or the Bankruptcy Act 1966, suffer the appointment of a provisional liquidator, liquidator, trustee in bankruptcy, administrator or deed administrator pursuant to Part 5.3A of the Corporations Act 2001, receiver or receiver and manager, or propose or enter into any form of compromise of Your debts with your creditors generally, other than for the purposes of a bona fide business reconstruction; or
• (c) breach clauses 4.1, 4.4, 7.3 or 7.4 of this Agreement.

6.3. OTP may terminate this Agreement immediately and without giving you prior notice if OTP forms the view, on reasonable grounds, that You are using the Services, the Site, or any other OTP service or facility to convey explicit or implicit information or representations which are incorrect, misleading or deceptive, made without reasonable grounds, or to publish material which is in any way distasteful, obscene, defamatory, illegal, or conducive to illegality.

6.4. Nothing in this Agreement deprives any party of any right to terminate this Agreement given by statute, at common law, or in equity.

Consequences of termination

6.5. Termination of this Agreement pursuant to clauses 7.1 or 7.2 will not affect any rights accruing to either party as at the date of termination. If OTP terminates this Agreement pursuant to clause 7.3, it may remove any Material You have displayed on the Site from the Site immediately and without giving you prior notice. Upon termination of this Agreement for any reason, all amounts that You have agreed to pay to OTP will become immediately due and payable in full.

6.6. Clauses 4.4 to 4.6, 5.1 to 5.3 and 7.1 to 7.5 inclusive will survive termination of this Agreement.

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7. General

Intellectual property and confidentiality

7.1. Nothing in this Agreement gives either You or OTP any right of ownership over or in any Intellectual Property the other party owns at the time of entering into this Agreement, or (subject only to clause 7.2) after that time.

7.2. All Intellectual Property OTP generates pursuant to this Agreement or in the course of OTP's provision of Services is the sole property of OTP. You must do all things reasonably requested by OTP at OTP’s expense to assist OTP to protect such Intellectual Property against infringement, or to secure its rights to such Intellectual Property by registration or other appropriate means.

7.3. You warrant to OTP that You have sufficient Intellectual Property rights in or to any Material you provide to OTP pursuant to this Agreement to allow OTP to deal with that material in any manner reasonably necessary or convenient to allow OTP to provide you with Services, and you hereby licence OTP to:

• (a) use any Material you provide to OTP in any manner OTP reasonably considers necessary or convenient to allow OTP to provide you with Services;
• (b) retain a copy of any Material in its archives, and to use such Material as it sees fit for promotional, administrative, or regulatory purposes, or in the course of legal proceedings.

7.4. The parties acknowledge that pursuant to the Agreement they may have access to each-other’s private business information including without limitation financial and business information, plans, projections, systems, documents, technical specifications and diagrams, marketing specifications. Each party must for 2 years following termination of this Agreement keep confidential and secure at all times such information as it receives from the other (whether directly or indirectly) that is marked or otherwise nominated by that party as confidential or private, and may only disclose it to third parties in the following circumstances:

• (a) the information is part of or becomes part of the public domain other than by breach of this Agreement;
• (b) the disclosure is required by any statute, legislative regulation, or order of a court or tribunal of competent jurisdiction;
• (c) the disclosure is made to the disclosing party’s staff or agents for the purposes of the Engagement, or to the disclosing party’s professional legal, accounting, architectural, engineering, or technical advisers for the purpose of taking advice.

Privacy

7.5. OTP will not provide any of Your personal information (as that term identified in the Privacy Act 1988), or personal information in respect of any member of Your business organisation, that it obtains pursuant to this Agreement, to any other person without permission. You agree that, subject to this clause, OTP may use Your personal information for its own internal and marketing purposes.

Notices

7.6. All notices or communications required or permitted under this document will be deemed validly given if hand delivered, posted, or sent by facsimile or e-mail transmission to the receiving party at:

• (a) in OTP’s case, any address, facsimile number, or e-mail address appearing on the ‘Home Page’ page of the Site at the time You deliver that particular notice or communication; and
• (b) in Your case, the address, fax number, or e-mail address you provide to OTP at the of entering this Agreement, as updated from time to time at your request.

Governing law

7.7. This document is governed by the law of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

Severance

7.8. If any provision of this document is illegal or unenforceable, it is to be severed from this document, and the rest of the document will continue to apply in full force and effect.

GST

7.9. You agree that OTP may recover amounts it must pay in goods and services tax in respect of any taxable supply made to You under this Agreement. OTP may do so by including an amount in respect of GST in its invoices or requests for pre-payment, or may separately invoice you in respect of any such amount.

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Introductory Offer                                                            

Now in association with Thehomepage.com.au

All prices in Australian dollars (AUD), as of December 2011 and exclude GST.

Developers Membership Fee
Joining offtheplans.com.au is absolutely free	Annual	Free
Listing Costs per Development
Listing per category (includes listings displayed on Thehomepage.com.au where applicable)	Monthly	$  290
Developer Package in association with Thehomepage.com.au includes:                       Display Banners | Feature Property upgrades | RealEstate News e-Newsletter | Priority Alert | Editorial/Advertorial |	Quarterly	$5,000
Multiple Development Listings (For organisations advertising more than 3 developments)	Quarterly	$  POA
Featured Listing Prices
Homepage feature property (Per listing)	Monthly	$  220
Inner search page, category feature property (Per listing)	Monthly	$  110
Listing results feature property (Per listing per month)	Monthly	$    30
Banner Advertising
Homepage vertical	Monthly	$  270
Homepage horizontal	Monthly	$  240
Inner listing pages vertical	Monthly	$  155
Sponsored Links & Pages
All sponsored links and pages	Monthly	$  250

For more information please contact our helpful team on 1300 73 83 20 or sales@offtheplans.com.au