Terms and Conditions

Effective 1^st June 2023

Information about these Terms

Welcome to preparemyproperty.com.au, (the website).

PrepareMyProperty.com.au is owned and operated by TAPENAKALA Pty Ltd (ABN 64 647 352 949), trading as Prepare My Property (PMP/we/us/our).

These Terms and Conditions govern your use of preparemyproperty.com.au (the site, the website) and provide information about the Prepare My Property service, outlined below.

To use this website, the person who accesses or views this site (you/the user/the business(es)/the advertiser(s)/the consumer(s)) must firstly agree to the Terms and Conditions. You may not use this website if you do not accept the Terms and Conditions. You can accept the Terms and Conditions by simply using the website. You understand and agree that preparemyproperty.com.au will treat your use of the website as acceptance of these Terms and Conditions from that point forward.

When you use the site or subscribe your business to preparemyproperty.com.au, you agree to these terms.

1. Limitations of liability and indemnity
  1. 1. To the extent permitted by applicable laws, you expressly understand and agree that your use of this website, and your reliance on its content, is entirely at your own risk. You acknowledge and agree that your use of this website is on an ‘as is, as available’ basis only. We do not warrant that the content of this website is accurate or up to date and that the information contained in the content is based on information readily available to the general public and/or provided by third parties, independent of PMP, and that PMP makes no warranty or guarantee as to and will not be responsible for any misrepresentation of the accuracy of the information contained on the website. You must satisfy yourself as to the suitability and quality of any business advertised on the website and to verify any information on the business before relying on it. We may change the content on this website at any time without notice.
    2. The website may include links to other sites. We are not responsible for and make no representations concerning services or products offered at the third-party site, nor do we endorse the site. Your use of their products or services is at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. The material provided on the website is provided as general information only. It is not intended as professional advice and must not be relied upon as such.
    3. You indemnify us and our directors, officers, employees and agents against all expenses, costs, losses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product, except as far as we are at fault.
    4. Other than liability that we cannot exclude or limit by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service. You agree to limit any additional liability not disclaimed or denied by us under this agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate amount of fees paid by you to us during the twelve-month period immediately preceding the event that gave rise to your claim for damages.
    5. You agree that Prepare My Property shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the service. If there is a dispute between users of the service, or between users and any third party, you understand and agree that Prepare My Property is under no obligation to become involved. If you have a dispute with one or more other users, you hereby forever release Prepare My Property, its directors, officers, employees, and agents in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
2. Business listings
  1. 1. If you are a business, you acknowledge by subscribing or claiming a business listing to the site (listing) that:
      1. you are a director of the company, the business owner, or have authority to speak directly on behalf of the company director or business owner.
      2. all information you submit is correct, accurate to the best of your knowledge and that you agree to its publication without conditions.
      3. you will be held responsible for the accuracy of all data that you submit.
      4. you are the rightful and legal owner of any trademark, logo, or other emblems that you provide for publishing on the site.
      5. you are legally responsible for everything that you submit and indemnify us against any claim in law, equity or otherwise which may arise from you posting any content on to the site.
3. Subscriptions and pricing
  1. 1. Each subscription will have the price displayed at the time of purchase:
      1. where applicable it will also include any specified period introductory pricing.
      2. all fees and charges throughout the preparemyproperty.com.au website is inclusive of GST (Goods and Services Tax).
      3. all pricing is subject to review and can be altered at any time.
      4. no increases for subscriptions, they remain at subscription price until the subscription term has ended.
      5. you/your business agree to pay all amounts due for the service in advance. Prepare My Property reserves all rights to remove your listing at any time after the payment due date, stated on the issued invoice, if monies have not been received in full.
4. Auto-renewal
  1. 1. Your subscription plan has a automatic renewal option at the end of each subscription period for a further subscription period unless you cancel your subscription plan.
    2. You may cancel your subscription plan through your preparemyproperty.com.au account at any time prior to your renewal date.
    3. If you do not cancel within the relevant time frame, we will automatically renew your subscription and your nominated account/credit card will be charged for the next subscription period. Please see cancellations and refunds [clause 5].
5. Cancellations and refunds
  1. 1. Cancellations of subscriptions must be made at least five (5) business days prior to the subscription renewal date, or at least five (5) business days prior to the end of your trial period. You can find your renewal date in your account settings.
    2. Our subscriptions have an initial thirty (30) -day trial period, therefore no refunds will be given to subscription users of preparemyproperty.com.au.
    3. Refunds however may be considered in special circumstances and remain at the complete discretion of Prepare My Property. You can request a refund through the contact us page.
    4. Cancellations aren’t guaranteed to be processed prior to the next payment if the request is made within five (5) business days of the next payment due date.
6. Password and account security
  1. 1. It is your responsibility to maintain the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared electronic device, ensure that you logout of your account at the end of each session.
    2. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.
    3. We will not be liable for any loss or damage that may occur because of your failure to comply with this clause.
7. Copyright and images
  1. 1. Generally, under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright to use these images or photographs which you have uploaded to the site. We reserve the right to terminate your subscription for breach upon giving notice to you if this representation and warranty is incorrect.
    2. We claim no ownership rights over any images or photographs submitted to the website. You acknowledge that we have no control over the use of your images or photographs by any third party and shall not be held liable for any use, publication or copying of your images and photographs by any third party. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying by a third party. A third party is a person other than our employees, agents and contractors used in providing the website.
8. Intellectual property rights
  1. 1. Any trademarks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner. You should assume that all the content made available to you through this service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. We reserve the right to terminate your membership upon giving notice to you if you breach this clause.
9. Recommendations
  1. 1. Before submitting a recommendation, recommenders (everyday consumers) agree to Prepare My Property’s terms and conditions, which can be accessed from the preparemyproperty.com.au home page.
    2. Prepare My Property allows everyday consumers (reviewers) to publish recommendations about their experience with a particular business, this then allows future consumers to gain information about a prospective business they wish to engage. Prepare My Property is seen as pro-competitive, making consumers better informed and businesses more accountable.
    3. Recommendations are a valuable consumer tool, and it is important that the consumer benefits from fair practices.
    4. Creating credible and objective recommendations
      1. Recommendations must:
        represent an experienced or paid service by that business
        reflect a genuinely held opinion
        be descriptive, objective, and credible
        disclose any personal connection
      2. Recommendations must not:
        be invasive of an individual’s privacy
        disturb or damage this website, services, or its content
        be misleading, offensive, defamatory, discriminatory, or irrelevant
        be written about a competitor negatively when the author has not experienced the service
        contain any advertising, promotional materials, or similar materials without our express written permission
        damage us or our reputation
        breach these Terms and Conditions
    5. Deeming and identifying fake recommendations
      1. We will flag recommendations if:
        a business is receiving a significant ‘spike’ in recommendations over a limited period of time
        multiple recommendations are written from the same email or IP address as each other or as the business recommended
        they use overly positive or ‘marketing-speak’ writing styles
        they do not make sense
        they use the same exact language as other recommendations of the same business
    6. Consumers can “Flag as suspect or inappropriate”
      1. Prepare My Property strive to maintain the integrity of recommendations by ensuring misleading and inappropriate recommendations are not published, however if you feel you have read a recommendation which you believe is fake or inappropriate, please click the “Flag as suspect or inappropriate” link, so we can investigate the recommendation.
    7. Action against fake or inappropriate recommendations
      1. Prepare My property will endeavour to maintain a high standard of honest recommendations however if we believe a recommendation to be fake, we reserve the right to take the following action:
        removal of the inappropriate content
        removal of the recommendation
        removing the recommendation feature from the business’ account
        report directly to the ACCC.
    8. Businesses receiving fake and negative recommendations
      1. Recommendations which do not reflect a reviewer’s genuinely held opinion and are motivated by a personal dislike of a business, or its staff can cause substantial harm. Such recommendations should be reported via the contact us page or “Flag as suspect or inappropriate” for immediate review and/or action and provide us with reasons and any evidence of relevant fake recommendations.
      2. In extreme circumstances, businesses which are the victims of ongoing harassment or serious threats through fake negative recommendations may also consider contacting Police.
10. The Local Events Calendar
  1. The purpose of the Prepare My Property Events Calendar (the calendar) is to provide communities the ability to list events that are being held in their local area, fees apply.
  2. Prepare My Property (‘PMP’ or ‘we’) welcomes requests from local business to publish events, fees apply.
  3. If the event host (‘you’) would like to include your event in the calendar, please note:
    1. we do not guarantee we will publish your event in the calendar, either at all or in the manner and at the time requested by you. We will review all requests to publish events in the calendar and publish only those events that align with the objectives of the calendar and which comply with the local law.
    2. if we decide to publish your event on the calendar, we will include the information provided by you as the event host. We will take reasonable care to ensure the correct event details are published. However, we are not liable to you or any other person for any loss arising from the content of the published event details. If the event details change, you must notify us immediately and request we update your event in the calendar.
    3. publication of an event on the calendar does not mean Prepare My Property:
      1. is sponsoring or supporting the event in any way
      2. endorses the quality of the content of the event
      3. is collaborating with or endorses the event host’; or
      4. endorses the venue as safe and suitable for hosting the event.
    4. we will include a link to your nominated website on the published event listing at your request. The terms of use on the linked website govern the use of the material available on or through that website. We will not be liable for any damages or costs incurred as a result of the materials on the website being inaccurate, incomplete, unavailable or unsuitable for any purpose.
    5. you, as the event host, confirm you have permission to publish the material that is on, or that can be accessed through, your event listing on the calendar. We publish approved events in the calendar in good faith and are not liable to anyone for the publication of material that infringes any person’s intellectual property or moral rights.
  4. Prepare My Property reserves the right to remove from the Event Calendar material that is inappropriate.
  5. Event listings submitted for inclusion on the Event Calendar by not-for-profit community groups, business owners or employees, or other individuals must meet the conditions
    1. Events must be open and have broad appeal to the general community within the area. We will not accept members-only events, events for discrete interest groups and specific professions, or activities where participants are required to be affiliated with the organisers. State-wide and nation-wide fundraising, charity and awareness events will not be published, however Prepare My Property reserves the right to use its discretion when required.
    2. You should only submit your event information once you have secured the necessary permits, licences, insurances, and other relevant approvals.
    3. Event submissions must include a description of the event (what, where, when), contact details for the event and any entry or attendance fee if applicable. Listings will not be accepted if they are incomplete, outside these guidelines or considered inappropriate by the events administrator.
    4. The person submitting the listing must ensure the information supplied is accurate, information is kept up to date, and must notify Prepare My Property as soon as possible of any changes. Prepare My Property is not liable for any loss or damage incurred by an event organiser as a result of failure to advise changes to a listed event. A nominated contact person and contact number must be supplied for all event submissions.
    5. It is the responsibility of the person submitting the event information to ensure that the information supplied is accurate and they have authority from their organisation to provide and publish all details on behalf of that organisation, it is also their responsibility. By submitting event details, you authorise Prepare My Property (PMP) to publish all event details.
    6. Requests need to be submitted at least two weeks prior to the event date. Allow five–seven working days from when you submit your event listing for it to be reviewed, moderated, and published.
    7. Submissions will not be accepted more than twelve months in advance. Submitting an event for inclusion on the Community Calendar does not guarantee it will be listed. The final decision about inclusion is at the discretion of PMP.
  6. It is the responsibility of the person submitting the event (the user) to ensure all information submitted and published is correct.
  7. Note, while PMP takes reasonable steps to ensure event information is accurate when it is published, PMP takes no responsibility if the date, phone numbers or any other details provided by the user or published by PMP are inaccurate. The user must notify PMP if the event details change or if the published event information is incorrect. PMP provides no guarantee that these changes will be made in the events calendar or during the requested time frame.
  8. PMP is collecting your personal information to publish details of your event (including event contact details) on the events calendar.
  9. PMP may use the organisation and contact details provided for the purposes of distributing relevant material to you.
  10. Your participation as an events user is voluntary and your information is handled in accordance with the Websites Privacy Policy. By completing the proposed event submission form, you consent to the event details and event contact details to be published on the events calendar. Outside of these details, unless authorised or required by law, PMP will not provide your personal information to any other person or agency.
11. Website unavailability
  1. We will not accept responsibility if this site is unavailable to you because of computer downtime, malfunction, or any other factor(s) beyond our control.
12. Correction of errors
  1. Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to our service. In this circumstance, we have the right to amend any typographical errors, inaccuracies, or oversights and to correct or update content.
  2. If you believe that there is a typographical error, inaccuracy or oversight on this website please contact us at contact@preparemyproperty.com.au
13. Customer support, questions, complaints, and disputes (enquiries)
  1. Visit our Questions and Answers page to see if we have the answer to your question. If you can’t find what you are looking for, please use the Prepare My Property contact us page should you need to contact us about:
    1. customer support
    2. questions about anything on our website
    3. a complaint that needs to be addressed by our customer service team
  2. Prepare My Property will investigate all enquiries and attempt to resolve within thirty (30) days of receipt of the enquiry.
14. Changes to the Terms and Conditions
  1. We reserve the right to change these Terms and Conditions at any time.
  2. By using this website, you are agreeing to be bound by the then current version of these terms of service.
  3. Notice of changes to these Terms and Conditions and their effective date will be published in the Terms and Conditions section that may be accessed from the homepage of the Prepare My Property website preparemyproperty.com.au.
  4. We recommend you check that section of the website for changes each time you use the website. The changed Terms and Conditions will apply to the service from the effective date of the change. If you do not agree with a change to these Terms and Conditions you may cease to use the website and cancel your subscription. We are not responsible for any costs incurred by a member as a consequence of these Terms and Conditions changing.
  5. Should we choose to provide you with notice of alterations to these Terms and Conditions, you hereby agree to receive from us email notification of the alterations. We do not promise that we will provide you with email notice of any change.
15. Governing law
  1. These Terms and Conditions and any agreement formed under them are governed by the laws of the State of Queensland, Australia.

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