Member Terms and Conditions

General

Develop Data C.O Pty Ltd (“iFind Develop”) ACN 616 786 086 operates the iFind Develop Network (the “iFind Develop Network” meaning the websites located www.ifinddevelop.com, and all its pages including subdomains (portals– across desktop, mobile and tablet.)

iFind Develop (“iFind Develop, us, our or we”) is not involved in the actual transactions or dealings between sellers and network partners. The iFind Develop Network is merely a passive conduit for the distribution of information about property advertised for sale by sellers and communications between sellers and network partners.

iFind Develop is not a real estate agent and does not receive sales commissions on any property advertised on the iFind Develop Network. iFind Develop is not a party to any dealings or agreements made between members regarding referral fees/commissions or any other payments and takes no responsibility for the payment of referral fees/commissions or any other payments.

By registering or signing up as an iFind Develop member, accessing or using the iFind Develop Network in any manner, you agree to be bound by iFind Develop’s terms and conditions which can be accessed from the iFind Develop websites mentioned above.

iFind Develop does not represent, guarantee or warrant that the content, information or material contained on the iFind Develop Network are correct, accurate, complete, current or free from errors or omissions. Information on the iFind Develop Network should not be regarded as professional, legal, financial or real estate advice nor a substitute for such advice. Any statement or content made available by third parties, including but not limited to sellers/agents on the iFind Network, are those of the respective author or provider not of iFind Develop. Third party content does not represent the views of iFind Develop.

The iFind Develop Network, and all content, material, information or postings found on or accessed through the iFind Develop Network and iFind Develop services and products, are provided on an “AS IS” basis, with no guarantee of completeness, reliability, accuracy, timeliness and without warranty of any kind, express or implied, including, but not limited to warranties of performance, non-infringement of third party rights title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus.

Under no circumstances will iFind Develop, or related partnerships or corporations, or the partners, agents or employees thereof be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material or related service on the iFind Develop Network, directly or indirectly.

Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding. If you do not agree to any of these terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the terms and we will publish all such updates on our website. All updated terms become effective immediately upon being published on the website.

Definitions

In these Terms;

  1. “you” means any person visiting or using the Website;
  2. “Agreement” means the agreement between you and iFind Develop for the provision of services to our members as governed by any registration form, welcome pack or other documentation provided to you by iFind Develop in conjunction with these Terms & Conditions;
  3. “iFind Develop Network” means the website ifinddevelop.com.au and all its pages and “subdomains” that have been designed to show properties potentially for sale, analysis, reporting and comparison reports on development designs provided by external groups and uploaded to the network and such other features as are available from time to time;
  4. “Website” means the website www.iFindDevelopcom.au and its related pages and all subdomains, including any mobile site or mobile or other application that we may offer.
  5. “iFind Develop Plugin” means the network that provides a plugin to your existing newly created or existing account to make available from various iFind Develop Network features;
  6. “Terms” means any and all of the terms and conditions of use of the Website included in this Agreement or on the website, including without limitation any privacy policy, or in any other agreement which forms part of the Terms;
  7. “Network Partner” means any registered user or member using any account that accesses the website including buyers and sellers;

Network Partners

Develop Data C.O T/A iFind Develop Pty Ltd (ACN 616 786 086) (“iFind Develop”) operates the iFind Develop Network. You agree to be bound by the following Network Partner Terms and Conditions when you:

1.      Network Partners:

  • Register as a Network Partner on the iFindDevelop.com website; or
    sign up for a Network Partner Premium Portal subscription or Network Partner Single subscription; or login to a Network Partner account and access or use the iFind Develop Network.
  • Your Agreement with us consists of these Network Partner Terms and Conditions and the Order Form (including Direct Debit Request Service Agreement) (collectively, the “Agreement”).
  • If you register as a Network Partner on the iFindDevelop.com.au website and access the iFindDevelop.com.au website during a free trial period or access a demo account you are bound by these Network Partner Terms and Conditions.
  • If you do not agree and accept all of these terms and conditions applicable to the iFind Develop Network you are not authorised to use the iFind Develop Network and you should immediately discontinue any use of the iFind Develop Network and/or any offered iFind Develop services.
  • iFind Develop reserves the right at any time, at its sole discretion, to change or modify these Network Partner Terms and Conditions. iFind Develop will give you at least 28 days’ notice of any changes by publishing the updated Network Partner Terms and Conditions on the www.iFindDevelop.com.au website. Your continued access or use of the iFind Develop Network constitutes your acceptance of the updated Network Partner Terms and Conditions.
  • The most up-to-date Network Partner Terms and Conditions always applies which can be found at iFindDevelop.com.au
  • iFind Develop is not a real estate agent and does not receive sales commissions on any property advertised on the iFind Develop Network.
  • Information on the iFind Develop Network should neither be regarded as professional legal, financial or real estate advice nor a substitute for such advice.

2.      Network Partner Definitions

  • The following definitions apply to these Network Partner Terms and Conditions:
    • “Commission” refers to the fee that may be paid to the Seller/Agent for a purchase.
    • “Confidential information” means all that information whether written or otherwise including but not limited to all intellectual property, know-how, trade secrets, ideas, concepts, client, customer or licensee lists or information, strategic and operational information, and any financial or accounting information relating to iFind Develop, the Seller and the Network Partner.
    • “Content” means message, data, information, text, music, sound, photos, graphics, code, icons, maps, software, video or any other material.
    • “iFind Develop Network” means the website located at “www.iFindDevelop.com.au all its pages and all Subdomain Portals– across desktop, mobile and tablet.
    • “Member” means Seller and/or Network Partner.
    • “Network Partner” means an individual or company who has registered as a Network Partner on the iFind Develop Network and/or has signed up for a Network Partner Basic subscription or Network Partner Standard or Network Partner Premium Portal subscription (also referred to as “you”).
    • “Order Form” means any physical document or electronic interface that iFind Develop makes available to you, that you sign or otherwise indicate your agreement to, which identifies your subscription (Basic, Standard or Premium Portal).
    • “property” refers to property (including but not limited to on and off market houses, properties, land, land developments or subdivisions including future opportunities) listed on the iFind Develop Network.
    • “purchaser” refers to a person who buys a property listed on the iFind Develop Network by a Seller.
    • “referral fee” means the same as “commission”.
    • “Seller” means an individual or company who has signed up for a Seller Basic, Standard or Premium Portal subscription and/or Listing Order.
    • “third party site” means other websites which are not maintained or controlled by iFind Develop.
    • “transaction” means the same as “reservation”.

3.      Subscription commencement date

  • This Agreement for your subscription commences on the date you sign the relevant Order Form for the subscription.

4.      Registering/Signing up as a Network Partner/User

  • iFind Develop may offer access to the Website, the iFind Develop Network, iFind Develop Plugin and the services by any one or more subscriptions for purchase.
  • Our subscriptions or services may be available for purchase via our Website or directly from iFind Develop. All services or programs are purchased subject to any order requirements or instructions referred to on the Website or otherwise notified to you.
  • When placing an order, you will be required to select the option or subscription you wish to purchase and provide the requisite details for the order. For each order you must provide accurate and up-to-date details of the purchaser, payment details and any other information required to effectively process your order.
  • By placing an order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the order and payment.
  • Once you have submitted an order, you must make payment for the order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you. An order will only be deemed to be placed when you have submitted the order and the full payment required on placing the order has been received.
  • iFind Develop reserves the right to accept or reject your order for any reason and, in the event that we cancel your order, we will provide a full refund for the balance of that month only for any payments received from you in relation to that particular order.
  • When you register as a Network Partner on the iFind Develop Network and/or sign up for a Basic, Standard or Premium Portal or Seller subscription you:
    • represent and warrant to iFind Develop that at all times during the term of this Agreement you hold any required license or accreditation to sell or deal with properties promoted on the iFind Develop Network;
    • will provide all relevant details, including contact and payment information as required; and
    • agree to pay the required fees as stated on the iFind Develop Network and/or your Order Form.
    • You may be refused a subscription at the sole discretion of iFind Develop.
  • After you have registered as a Network Partner and/or your Order Form has been processed iFind Develop will issue you with a username and password to access your online Network Partner account (your Basic, Standard or Premium Portal or Seller account). You are solely responsible for maintaining the confidentiality of your username and password, and for who accesses and uses your online Network Partner account.
  • iFind Develop reserves the right in its sole discretion to refuse to register any account.
  • You must not use another person’s account without their express prior permission nor permit anyone to use your subscription or account.
  • If you breach any of these Terms, we will be entitled to lock or delete any and all accounts and all access to the iFind Develop Network, and not accept any further or future account requests, by the account holder and their associates.

5.      Personal Information

  • Certain services including the iFind Develop Network and iFind Develop Plugin will only be available after you have registered your details with us on the Website. To register your details and open an account with us, you will be required to submit your data and the personal information relating to either you personally or to your business. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your account with any changes to your personal information previously submitted as soon as practicable after such personal information changes.
  • Your personal information will be held and used by iFind Develop pursuant to our privacy policy which is available on the Website.
  • iFind Develop may collect your personal information (of you or your business as necessary) for the purpose of delivering the subscriptions or services and will hold and use your personal information in accordance with its privacy policy. We may, in our discretion, retain your personal or business information for a period of 12 months from its provision or longer with your express or implied consent. The renewal of your contract with us with constitute your implied consent.
  • If any information is capable of being stored on the Website or the iFind Develop Network, we may remove any of your stored data at any time if it exceeds a reasonable limit as determined in our sole discretion. It is your sole responsibility to ensure that you maintain a backup of all information stored on the Website or iFind Develop Network to ensure it is not lost if removed by us at our discretion. We are under no obligation to notify you before removing any stored data.
  • You agree that iFind Develop may disclose your personal information to third parties for the purpose of those parties or iFind Develop delivering services to you and may make referrals to third parties where appropriate and where such referral has been previously discussed with and agreed by you.

6.      Price & Payments

  • The price of a subscription or service is the price specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any subscription or service. The price as at the date your order is confirmed will remain the price for the Term of the subscription.
  • All prices are processed in Australian dollars unless otherwise notified on the Website.
  • Payment in accordance with the payment requirements for your order must be received by us prior to the provision of the subscription or services that you have ordered. Your order will only be confirmed, and the indicated price honoured, once the payment requirements to place your order have been complied with.
  • iFind Develop accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify iFind Develop against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.

7.      Network Partner account users and unauthorised use

  • The Network Partner acknowledges and agrees that these Network Partner Terms and Conditions extend to and apply to all users of the Network Partner’s online account/subscription.
  • The Network Partner is completely responsible and liable for all activities of all users that access and/or use the Network Partner’s online account/subscription
  • You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. iFind Develop does not accept any responsibility for activity, communications or payments made using your account by unauthorised access of your account.
  • If you suspect or become aware of any unauthorised use of your account or that your passwords are no longer secure, you must immediately notify iFind Develop and immediately take all reasonable steps to protect your account.
  • When you notify iFind Develop of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse. We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future
  • You agree to release and indemnify iFind Develop from any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.

8.      Transactions or dealings between Sellers and Network Partners

  • iFind Develop is not involved in the actual transactions or dealings between Sellers and Network Partners.
  • The iFind Develop Network is merely a passive conduit for the distribution of information about property promoted for sale by Sellers and communications between Sellers and Network Partners.
  • iFind Develop does not represent or guarantee:
    • the accuracy, truth, suitability, quality, or legality of any property listed;
    • that a Seller is lawfully able to sell property;
    • that a Network Partner and/or Seller can refer a genuine purchaser; or
    • that the transaction will be completed by the Seller and Network Partner
    • the completeness, accuracy, reliability, suitability or availability with respect to the information, products, services, or related graphics offered;
    • the reliance on any property information contained and provided in the network partner portal or website, its pages and all subdomains;
    • any preliminary assessments, density reports and/or feasibility reports forming part of any property information within the website or portal that are subject to inherent volatility of the property market and other regulatory, market and economic conditions;
    • any inaccuracies or variations in the property information including but not limited to availability, purchase price, indicated density, development potential or the feasibility of the property;
    • the indicated development potential of any property identified herein is subject to external variants including but not limited to council approvals, building surveyor, planning permits and approval from other such responsible authorities;
    • any investigations, research, advice and other appropriate due diligence prior to entering into a contract for the purchase of any property contained within the website, network partner portal and all its pages or subdomains;
    • any financial, property investment, property valuation or investment advice and you are completely responsible for your own independent professional advice prior to purchasing any property identified herein; and
  • iFind does not endorse and takes no responsibility for any representations made by any Member in relation to any property.

9.      Fees

  • The Network Partner agrees to be charged and to pay all fees that the Network Partner incurs. Please refer to your Order/Subscription Form for fees applicable to your subscription. These payments will appear on the Network Partner’s statement as “iFind Develop”.
  • Basic, Standard or Premium Portal set up fees will be charged to the Network Partner’s credit card or bank account provided as soon as iFind Develop receives your signed Order Form.
  • Monthly subscription fees will be charged to the Network Partner’s credit card or bank account provided on the same or similar date each month and will commence when you receive your login details.
  • If the direct debit date should fall on a public holiday, the Network Partner consents to have these funds available for debit on the next available business day.
  • The Network Partner authorises iFind Develop to deduct any amount owing. The amount owing is considered the total outstanding balance of the Network Partner’s account as at the debit date.
  • It is the Network Partner’s responsibility to ensure that sufficient funds are available for these deductions.
  • It is the Network Partner’s responsibility to ensure that the Network Partner’s credit card or bank account details are valid and up to date. Please note iFind Develop only accepts Visa, MasterCard and American Express Cards. No other form of credit card is accepted.
  • If there is any change to the Network Partner’s bank account or credit card details, then it is the Network Partner’s sole responsibility to notify iFind Develop of these changes.
  • iFind Develop does not accept payment by cash. Cheque or money order may be accepted to finalise an account in certain circumstances.
  • For additional terms regarding your direct debit arrangement please refer to your Direct Debit Service Agreement with iFind Develop.

10. Tax

  • All fees specified exclude any tax, including any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST), duty or impost levied in respect of any Services.

11. Changes to Pricing / Services

  • iFind Develop’s fee schedule and/or services may change from time to time. Changes to the fee schedule or services are effective after 28 days from the date the changes are posted on the iFind Develop Network.

12. Payment Issues

  • If iFind Develop is unable to debit the Network Partner’s nominated bank account or credit card on the debit date, iFind Develop will attempt to re-debit the Network Partner’s bank account or credit card, plus any additional charges the Network Partner may have incurred. An administration fee of AUD$5.00 will be charged on all declined payments.
  • iFind Develop reserves the right to suspend, vary or terminate the Network Partner’s subscription when an amount remains outstanding, or iFind Develop is in any way prevented from debiting the Network Partner’s bank account or credit card.
  • iFind Develop reserves the right to suspend the Network Partner’s subscription by barring access to the Network Partner’s online account until full payment has been made.
  • In the event that, for any reason, you are unable to pay your account, please contact our accounts department by phone on +61 3 8372 0622 or email [email protected]
  • iFind Develop has the right to cancel the Network Partner’s subscription at any time should it be deemed that the Network Partner does not have the means to pay outstanding fees.

13. No Refunds

  • iFind Develop does not give refunds. If the Network Partner is dissatisfied with any iFind Develop product and/or service for whatever reason the Network Partner’s sole option is to discontinue using the iFind Develop Network.

14.  Suspected Fraud

  • iFind Develop reserves the right to investigate all subscriptions where it suspects incorrect or fraudulent activity has occurred. iFind Develop may contact the Network Partner if it deems suspicious activity and request copies of identity to verify the Network Partner’s account information.
  • iFInd Develop may choose to terminate the Network Partner’s subscription if this information cannot be verified.

15. Billing Dispute

  • If the Network Partner believes that any transaction, payment or rejection, or other billing issue is in error, or that the Network Partner has been advised by iFind Develop in error, the Network Partner should contact our customer service centre by phone on +61 3 8372 0622 or email [email protected]
  • iFind Develop may require copies of the Network Partner’s personal banking information (such as bank statements) in order to investigate the dispute. iFind Develop may be unable to resolve the dispute if this information is not provided.

16. Credits to Network Partner subscription

  • If iFind Develop applies a credit to the Network Partner’s subscription the Network Partner will be able to use the credit only for the payment of future iFind Develop fees. Credits are not redeemable as cash.
  • In the event that the Network Partner’s subscription is terminated by the Network Partner or by iFind Develop, the Network Partner will be unable to withdraw any amount of credit remaining on the Network Partner’s account.

17. Contract Terms

  • This contract outlines the key commercial terms of the agreement. This document, along with the full terms and conditions available at https://ifinddevelop.com.au/terms-and-conditions constitutes a binding contract with you, the Customer. You acknowledge that this contract is for the Initial Term of 12 months and will renew for successive 12-month periods. The contract may only be terminated following the Initial Term and upon 30 days written notice.
  • By accepting this document either in person or electronically, you agree to the terms and conditions.

18.  Cancelling Network Partner subscription

  • If any subscription or service has a timeframe imposed for the delivery or receipt of or access to any benefits and features, it is your responsibility to provide and maintain the details or other information required for the benefits to be delivered, received or enjoyed by you within the specified timeframe. If you fail to provide the required details or information for the benefits and features to be delivered, received or enjoyed by you within the specified timeframe, your access to the benefits and features will expire and any unused benefits or features of the subscription or service will be forfeited and cannot be redeemed for cash, credit or any other value.
  • If a subscription or service has a contract period then the contract or subscription term will automatically renewed and you will continue to be bound by all obligations of the continuing contract unless we received your notice of termination of the contract not less than 1 month prior to the end of the contract term. All terms and conditions of the original contract will apply for the term of any renewed contract unless amended with the consent of both parties. The renewed contract or subscription term will be the same as the original contract or subscription term unless otherwise notified to you.
  • iFind Develop may, for any reason, terminate the contract at the expiration of the term by providing to you not less than 14 days’ notice prior to the end of the contract or subscription term or otherwise in accordance with these terms.
  • You acknowledge that you are solely responsible for complying with all terms, conditions or instructions of any subscription or service as described or referred to on the Website, the iFind Develop Network, iFind Develop Plugin or otherwise notified to you (“Instructions”). iFind Develop is under no obligation to provide a subscription or service to you if you do not comply with the Instructions.
  • You release and indemnify iFind Develop against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the provision or receipt of any subscription or service or your compliance with the Instructions.
  • You acknowledge that you are solely responsible for reading all Instructions for the receipt or provision of services individually or under any subscription as specified on the Website and you are solely responsible for complying with such Instructions. If you believe the Instructions to be unclear you must contact iFind Develop directly prior to the completing your order for such subscription or services for clarification of your obligations.
  • Any outstanding amounts will be debited as per the Network Partner’s normal billing cycle.
  • Any feedback comments made by the Network Partner will continue to display on the iFind Develop Network even when the Network Partner’s online account/ subscription is cancelled.

19. Special Promotions

  • From time to time, iFind Develop may also offer special promotions or customer incentives which provide the Network Partner with discounted pricing. These promotions are subject to their own terms and conditions.

20.  Contacting iFind Develop

  • If the Network Partner has an account enquiry, the Network Partner should contact iFind Develop by phone on +61 3 8372 0622 or email [email protected]

21. iFind Develop Communications:

  • The Network Partner acknowledges and agrees that iFnd Develop may contact the Network Partner (including by email, SMS, telephone or such other means) in relation to:
    • the iFind Develop services, the Network Partner’s account, payment issues (including outstanding amounts owed to iFind Develop), any iFind Develop products/services;
    • You acknowledge that when you register and use the Website, you will receive correspondence from iFind Develop, including newsletters, relating to the Website, the iFind Develop Network, the iFind Develop Plugin and the business of iFind Develop.
    • any marketing or promotion which iFind Develop conducts, special products/services being offered, iFind Develop newsletters or publications; and
    • products, services or promotions which are being offered by iFind Develop Members or business partners (either alone or in conjunction with iFind Develop).
    • The Network Partner acknowledges that iFind Develop is not responsible for the accuracy and/or correctness of Members’ products, services or properties that feature in iFind Develop publications
    • To limit iFind Develop marketing or promotional contact, the Network Partner should phone or email iFind Develop customer service centre.
  • You are solely responsible to ensure the accuracy of the email details recorded in your account and that you have access to such email account. If you fail to receive any correspondence or communication from us because you have recorded incorrect email details or cease having access to the email account, iFind Develop will not be liable for any loss that may arise.
  • Once the required payment has been received in full, iFind Develop will, as soon as practicable, make available to you the login and other access details for access to the services.
  • No extension of any contract or subscription term will be provided if you fail to have access to the Website, iFind Develop Network, iFind Develop Plugin or services for any period as a result of you failing to provide or maintain accurate details.

22. Standard, Basic & Premium Portals

  • Network Partners who signed up for a Seller Portal subscription acknowledge and agree that:
    • at all times iFind Develop owns the Portals and associated Uniform (or Universal) Resource Locator;
    • iFind Develop grants the Network Partner a limited, non-transferable license to use the Portal for the duration of the Network Partner’s subscription with iFind Develop subject to compliance with these Network Partner Terms and Conditions;
    • the Network Partner controls its user’s access to the Portal and is responsible for the activities of all of its users that access and/or use the Portal. The Network Partner ensures that all of its users comply with this Agreement;
    • the Network Partner is responsible for all advertising and promotions it displays on its Portal; and data (including name, email address, phone number) relating to the Network Partner’s users (including partners) uploaded to or entered into a Seller Portal belong to that Network Partner. However, if those users already exist on the iFind Develop Network or are uploaded to or entered into the iFind Develop Network in the future by another Member, the Network Partner acknowledges that iFind Develop may contact those users to promote iFind Develop services and products.

23. Content & Limited License to Use

  • The Network Partner retains all of its ownership rights in all of its content posted or uploaded to the iFind Develop Network. However, the Network Partner grants iFind Develop an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any content the Network Partner posts or uploads to the iFind Develop Network or provides iFind Develop for inclusion on the iFind Develop Network.
  • The Network Partner expressly grants iFind Develop the right to provide its Members access to the Network Partner’s content posted or uploaded to the iFind Develop Network.
  • The Network Partner agrees that any content submitted by the Network Partner for inclusion on the iFind Develop Network does not infringe the intellectual property or other rights of any third parties.
  • The Network Partner assumes full and sole responsibility as to the accuracy and correctness of its content posted or uploaded to the iFind Develop Network.
  • iFind Develop grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website, iFind Develop Network, iFind Develop Plugin or the Content on your computer or similar device and download and use downloadable Content only for the purpose intended by these Terms or for the sole purpose of making purchases from or interacting with iFind Develop.
  • Except as expressly permitted in these Terms or on the Website, or with iFind Develop’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website, the iFind Develop Network or the iFind Develop Plugin for commercial or public purposes, including but not limited to use as meta tags or linking the Website, iFind Develop Network, iFind Develop Plugin or Content on other pages or sites on the world wide web.
  • The Network Partner indemnifies iFind Develop against any liability of whatsoever nature in relation to the content posted or uploaded by the Network Partner to the iFind Develop Network or provided to iFind Develop for inclusion on the iFind Develop Network including but not limited to claims due to inaccurate, incorrect or misleading representations/information in any or all of the Network Partner’s content.
  • All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, the iFind Develop Network and the iFind Develop Plugin, is the property of iFind Develop or third parties who have granted iFind Develop permission to use it on the Website or the iFind Develop Network. All Content contained on the Website and iFind Develop Network whether past, present or future and is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.

24. Content translation

  • iFind Develop uses both computer generated and human translation services to provide content in different languages. The Network Partner accepts that both of these translation methods are very likely to result in errors. The Network Partner accepts that iFind Develop is an English-speaking company and translations are only provided for user convenience.
  • Any translated (non- English) content should be used as a guide only and must not be relied upon as absolutely correct and or accurate.
  • The Network Partner should check the correctness and accuracy of the Network Partner’s translated content as well as any other translated content available on the iFind Develop Network.
  • iFind Develop is in no way liable for any errors in translation.

25. Third party content & sites

  • iFind Develop selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
  • The Website and iFind Develop Network may contain links to third party websites or content (Third Party Content). iFind Develop does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, iFind Develop does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
  • If you use the links contained on our Website, the iFind Develop Network or the iFind Develop Plugin to access Third Party Content or otherwise rely on such Third-Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website, iFind Develop Network or iFind Develop Plugin does not constitute or imply any endorsement, sponsorship or recommendation by iFind Develop.
  • The iFind Develop Network is a business to business sales platform for property connecting home owners, agents, developers, architects, builders, accountants, financial planners and any stakeholder involved in real estate or property. iFind Develop has no control over and is not responsible for the content supplied by third parties (including Members and other users of the iFind Develop Network).
  • iFind Develop does not monitor or make inquiries about third party content.
  • Any opinion, advice, statement, service, offer, image or other information or content expressed or made available by third parties on the iFind Develop Network, are those of the respective author, distributor or provider not of iFind Develop. Third party content does not represent the views of iFind Develop.
  • iFind Develop does not endorse and is not responsible for the truth, correctness, accuracy or reliability of any opinion, advice or statement made on the iFind Develop Network by anyone other than authorized iFind Develop employee spokespersons while acting in their official capacities.
  • The Network Partner releases iFind Develop from any claims that the Network Partner could assert against iFind Develop relating to or in connection with third party content.
  • The Network Partner relies on third party content at its own risk.

26.  iFind Develop’s right to alter or withdraw content

  • iFind Develop has no obligation to review every item of content that Members and other users make available through the iFind Develop Network and iFind Develop is not responsible for any of this content.
  • iFind Develop reserves the right to monitor, modify, edit, withdraw, delete, and refuse to transmit any content, in whole or in part, without notice to Members and other users that it deems in its sole discretion is unacceptable, inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of these Network Partner Terms and Conditions, any law or third party rights; or if iFind Develop is instructed to do so by any third party.

27. Listing property

  • Network Partners who list property on the iFind Develop Network are bound by the Seller Terms and Conditions in relation to those listed properties.

28. Referral fee/commission

  • A Network Partner may display on the iFind Develop Network the referral fee or commission amount that the Network Partner is willing to accept. Likewise, a Seller may display the referral fee or commission that the Seller is prepared to pay. Any displayed referral fee or commission should be treated as a guide only and any amount should be confirmed by the parties prior to the Network Partner negotiating for the property.
  • Any displayed referral fee or commission is the representation of the respective Network Partner or Seller and not iFind Develop. iFind Develop does not endorse and takes no responsibility or liability whatsoever in relation to any fee/commission displayed on the iFind Develop Network.
  • The agreement regarding referral fee/ commission, or any other form of payment is strictly between the Seller and the Network Partner.
  • The referral fee/commission or any other form of payment payable by the Seller to the Network Partner is solely the responsibility of the Seller.
  • iFind Develop is not a party to any arrangements, dealings or agreements made between the Network Partner and Seller regarding referral fees/ commissions or any other payments and takes no responsibility or liability for the payment of referral fees/commissions or any other payments.
  • All communications and enquiries concerning referral fees/commissions or any other payments must be directed to the relevant Network Partner or Seller.

29. Referral Services

  • iFind Develop also provides Referral Services on this Website which enable third party product providers to contact you using the personal details you have submitted.
  • These Referral Services are free for you to use. We receive payment from third party product providers when you purchase products.
  • In order to provide the high-quality Referral Services, iFind Develop may provide interactive content to better understand your needs. This is by no means a substitute of financial, investment or other advice. Nothing on this Website constitutes financial, investment or other advice by us in relation to any product.
  • By submitting your personal details through this Website, you agree to allow iFind Develop to supply your personal details to third party product providers for the purpose of providing you with third party product information, and you consent to third party product providers contacting you using the personal details you have submitted.
  • These products are not provided by us but are provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product, you should consult the relevant product documents. We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product.

30. Reports & Information

  • Property pages on the iFind Develop Network display properties, analysis and suburb data. This information and data are provided by a third party not iFind Develop. iFind Develop has no control and is not responsible for the data/information provided by third parties. Likewise, iFind Develop displays Google Maps on property pages. iFind Develop has no control over and is not responsible for the accuracy and correctness of Google Maps.
  • Under no circumstances will iFind Develop be responsible for any actions/omissions taken on the basis of information contained in the reports, results or information provided by iFind Develop or the data and information provided by any third party.
  • The Network Partner should notify iFind Develop promptly about any errors /omissions found in the reports, results or information provided by iFind Develop or any third-party provider.

31. Feedback system

  • The iFind Develop Network will provide Member to Member feedback system in the near future.
  • The Network Partner must not use any feedback or rating in a way that is inconsistent with or in breach of these Network Partner Terms and Conditions or Feedback Policy.
  • If the Network Partner wishes to use its iFind Develop feedback rating and/or comments outside of the iFind Develop Network the Network Partner must credit and acknowledge iFind Develop.
  • Additional terms on feedback are set out in the Feedback Policy.

32. Events

  • iFind Develop hosts a variety of events and Network Partners may be able to attend the event online or in person. The Network Partner acknowledges and agrees that:
    • iFind Develop does not endorse or recommend the property and/or product/service that is promoted at the event;
    • iFind Develop does not make any representations about the property and/or product/service that is promoted at the event; and
      the Network Partner will not record the event on any device and will not redistribute or reproduce the event recording without the express written permission of iFind Develop.

33. International Transactions

  • Network Partners may be able to sell properties to international buyers.
  • Members are responsible for complying with all laws and regulations applicable to the sale of property to international buyers.
  • If content has been translated by the iFind Develop translation service available on the iFind Develop Network into a language other than English it is the sole responsibility of the Member who posted or uploaded the content to the iFind Develop Network or provided iFind Develop with the content to be included on the iFind Develop Network, to thoroughly check the correctness and accuracy of the translated content. Any errors in the translated content are solely the responsibility of the Member who posted or uploaded the content to the iFind Develop Network or provided the content to iFind Develop.
  • Under no circumstances will iFind Develop be liable for any content errors that occurred as a result of the translation service provided by iFind Develop.

34. Access to iFind Develop Network outside Australia

  • iFind Develop does not represent or warrant that the content on the iFind Develop Network complies with the laws of any country outside of Australia. If a Network Partner or Seller accesses the iFind Develop Network outside of Australia, the Network Partner or Seller does so at his/her/its own risk.

35. Using the iFind Develop Network

  • The Network Partner acknowledges and agrees that:
    • no content from the iFind Develop Network may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except as expressly authorised in writing by iFind Develop;
    • the Network Partner does not acquire any rights in any downloaded content or content sent to the Network Partner as part of any iFind Develop service;
    • the Network Partner must abide by all copyright notices, restrictions and information on the iFind Develop Network and any information sent to the Network Partner;
    • the Network Partner must use the iFind Develop Network and any content found on the iFind Develop Network or any services offered through the iFind Develop Network for lawful purposes only;
    • the Network Partner must not use the services of iFind Develop if the Network Partner is suspended from using iFind Develop services;
    • the Network Partner must not use the iFind Develop Network or any services available on the iFind Develop Network to promote content that is false or misleading;
    • the Network Partner must not upload, distribute, or disseminate through the iFind Develop Network any content that is inappropriate, threatening, indecent, menacing, discriminatory, libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity;
    • the Network Partner will be solely responsible for its content made available through the iFind Develop Network. The Network Partner is solely liable for any loss or damage resulting, directly or indirectly, arising from or caused by the content provided by the Network Partner on the iFind Develop Network.
      the Network Partner is solely responsible for ensuring that any of its activities conducted on or through the iFind Develop Network are lawful;
    • the Network Partner must ensure that the Network Partner complies with all applicable laws in Australia and other countries;
      • the Network Partner must always provide iFind Develop with true and accurate contact information, including a correct email address and payment details; and the Network Partner must not have more than one active subscription, and the Network Partner subscription is non-transferable.

36. Communications to Network Partner

  • Any communications or notices that iFind Develop sends the Network Partner in relation to the Network Partner’s transactions, dealings or use of the iFind Develop Network are not intended to
  • iFind Develop does not endorse or approve any information provided to the Network Partner by other Members or users of the iFind Develop Network and it is the Network Partner’s responsibility to exercise caution when transacting on the iFind Develop Network.
  • The Network Partner may receive service-related emails from iFind Develop.

37. Network Partner Communications

  • The Network Partner is aware that certain communications the Network Partner sends on the iFind Develop Network, the recipient can see the Network Partner’s name, email address, and other profile information. Many communications that the Network Partner initiates through iFind Develop will list the Network Partner’s name and primary email address in the header of the message.
  • When the Network Partner views a property on the iFind Develop Network, the Seller listing that property will be able to view the Network Partner’s details including name and profile information.

38. Copyright

  • The iFind Develop Network and content, information, materials and services provided on the iFind Develop Network are:
    • owned, controlled and /or licensed by iFind Develop and/or its affiliated and related companies (except for content provided and owned by Members or other users of the iFind Develop Network), and protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws.
  • The Network Partner and any other user are prohibited from using:
    • any content, information, material, trade-marks, logos, or any other intellectual property/ rights provided on the iFind Develop Network without the written consent of iFind Develop or such third party that owns the intellectual property/ rights.
      other names, including, but not limited to, those identifying iFind Develop and/or its affiliates and related companies or their respective products and services without the written consent of iFind Develop or its affiliates or related companies.

39. Intellectual Property

  • You acknowledge that iFind Develop is the owner or licensee of all intellectual property rights in the Website, the iFind Develop Network, the iFind Develop Plugin and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, the iFind Develop Network, the iFind Develop Plugin or any works or designs, which to avoid doubt are absolutely assigned to iFind Develop.
  • You acknowledge and agree that all information and materials provided to you in the delivery of the services or programs are the sole property of iFind Develop with the exception of iFind Develop Network or iFind Develop Plugin reports and floorplans that are created by either technology based on any floorplan or design uploaded or created by you.
  • Upon contributing or providing comment or feedback of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant iFind Develop a licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website.
  • You warrant to iFind Develop you have all necessary rights, including copyright, in every contribution that you make to the Website, the iFind Develop Network or the iFind Develop Plugin including in every floorplan, design or other material that is uploaded by you or on your behalf to the Website, the iFind Develop Network or iFind Develop Plugin and that you have not granted any rights inconsistent with any rights granted under these Terms.
  • You warrant that any content or materials contributed or uploaded by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
  • You warrant that your access and use of the Website, iFind Develop Network and iFind Develop Plugin will be made using software, hardware and technologies that are properly and legally licensed to you or that you have the express right to use.
  • All material published on the Website may, at iFind Develop’s sole discretion, be edited, removed or republished for any reason whatsoever.
  • Content including Concepts, Drawings, Mud-Maps, Plans, Quotations, Feasibilities, Appraisals that are owned by a third party and were provided in the form of material either online or downloadable via external links belong to their rightful owners and should be treated as such. You have no legal right to use, distribute or rely on such information when making any decision within the iFind Develop Network.

40. Updates & Revisions

  • We may revise and update these Terms from time to time and will publish the updated Terms on our Website. You acknowledge and agree that you are bound by these Terms as published from time to time including updated and revised Terms. iFind Develop recommends that you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms, it is your responsibility to check the Website and Terms from time to time.

41. Disclaimer & limitation of liability

  • iFind Develop does not represent, guarantee or warrant that the content, information or material contained on the iFind Develop Network are correct, accurate, complete, current or free from errors or omissions. This material can include all Concepts, Drawings, Mud-Maps, Plans, Quotations, Feasibilities, Appraisals.
  • iFind Develop accepts content from Members and users in good faith.
  • The iFind Develop network and the information contained on the iFind Develop Network are provided for informational purposes only and are not intended to meet any particular user’s need.
  • Documents provided on the iFind Develop Network are provided as a service and/or guide only, and do not constitute official versions of such documents.
  • The iFind Develop Network, and all content, material, information or postings found on or accessed through the iFind Develop Network and iFind Develop services and products, are provided on an “AS IS” basis, with no guarantee of completeness, reliability, accuracy, timeliness and without warranty of any kind, express or implied, including, but not limited to warranties of performance, non-infringement of third party rights title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus.
  • Under no circumstances will iFind Develop, or related partnerships or corporations, or the partners, agents or employees thereof be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material or related service on the iFind Develop Network, directly or indirectly. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages.
  • iFind Develop makes no representation, warranty or endorsement of any product, service or information provided by the iFind Develop Network or the availability of any product, service or information available by means of the iFind Develop Network.
  • iFind Develop does not warrant or represent that any Seller, Network Partner or any other user of the iFind Develop Network has any particular qualifications or is legally entitled to carry on a particular business.
  • The Drawings, Concepts, Mud-Maps & Plans illustrated on the iFind Develop Network have been produced as sample only and while all care has been taken to remain within local restrictions, generally no permit applications have been made. Any such applications will be at the owner’s risk and expense. All dimensions & levels are to be verified on site prior to preparation of any applications. Approval of any applications remains with local council & iFind Develop cannot be held liable for any planning discrepancies or application denials that might arise during this phase. Copyright & right of reproduction of the dwg. or any portion thereof is reserved by iFind Develop.

42. Calculations & Feasibilities

  • The Feasibility Reports that are provided by iFind Develop are with the clear understanding that these calculations and documents are to provide an indicative range of costs that should be considered within a feasibility report. This report does not take into account specialised items, other consulting, Government or external costs.
  • The sales and costs figures used in the feasibilities are only averages derived from the data collected at the time. Furthermore, the consultancy values for costs are an indicative estimate only and must not to be taken as accurate or actual costs for such services. The user should check the relevance of all reports and feasibilities prior to purchasing, signing contracts, ordering materials or any other cost related and exercised until they have received qualified written advice.
  • iFind Develop recommends that all users are fully aware of all costs prior to committing to any purchase & accepts no responsibility for financial loss that may occur due to incorrect pricing or unforeseen reasons bearing financial interests. Interest calculations assume the property is purchased from day one and carrying the holding costs for the land.
  • The Network Partner must investigate for themselves the suitability, quality and condition of any products or services advertised or provided on the iFind Develop Network. It is the Network Partner’s sole responsibility to verify any content on the iFind Develop Network, or provided to the Network Partner by other Members or users of the iFind Develop Network before relying on it. iFind Develop takes no responsibility of the outcome if any of such reliance. This disclaimer shall take effect to the fullest extent permitted by law.
  • The Network Partner specifically acknowledges and agrees that neither iFind Develop nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any offensive or illegal conduct of the Network Partner or any publication of defamatory content by the Network Partner.
  • Certain consumer protection laws may imply certain non-excludable warranties or conditions. To the extent that they are not permitted to be excluded, iFind Develop liability for breach of such conditions and or warranties and the Network Partner’s sole and exclusive remedy in relation to such breaches, shall be limited, at iFind Develop option, to supplying the service again, or paying the cost of having the service supplied again.
  • iFind Develop is not liable for any loss or damage arising from or in relation to any dispute between Members and/or users of the iFind Develop Network.
  • iFind Develop is not liable for any loss caused by iFind Develop failing to comply with its obligations to Members and/or users where that loss is caused by events outside of iFind Develop reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
  • Except to the extent required by the law or as is expressly set out in the Terms, iFind Develop specifically disclaims all or any liability arising from your access to or use of the Website, iFind Develop Network, iFind Develop Plugin and Content, making any order or purchasing any subscriptions or services, and in no event will iFind Develop, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if iFind Develop has been advised of the possibility of such damages).
  • In any event, iFind Develop’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any subscriptions or services.
  • iFind Develop’s liability for breach of any condition or warranty implied by legislation is, at iFind Develop’s option, limited to supplying services again or payment of the cost of having services supplied again.
  • Without limiting the above, you acknowledge that iFind Develop accepts no responsibility or any liability for any purchases made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. iFind Develop does not accept any responsibility or liability for any information or errors provided by you in any order, or in booking or receiving any services or subscriptions, or in accessing or using the iFind Develop Network or iFind Develop Plugin, including your failure to do all things necessary to ensure the order, booking and receipt of services, are suitable and safe for your circumstances.
  • You release and forever discharge iFind Develop, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
  • iFind Develop is not liable for any loss caused by the alteration, withdrawal or restoration of any content.

43.   No warranty & Non-Interference

  • Availability of iFind Develop services and access to the iFind Develop Network may be interfered with by numerous factors, including those outside of iFind Develop’s control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, iFind Develop does not warrant or represent that iFind Develop services and Network Partner’s access to the iFind Develop Network will be continuous, uninterrupted, timely, fault free, virus free or secure.
  • You must not damage, interfere with or disrupt access to the Website, iFind Develop Network, iFind Develop Plugin or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website, iFind Develop Network, iFind Develop Plugin or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or the iFind Develop Network or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website, iFind Develop Network, iFind Develop Plugin or the Content within either of them.
  • iFind Develop will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, iFind Develop Network, iFind Develop Plugin, Content, security or access to the Website, iFind Develop Network, iFind Develop Plugin or Content or in any other way prevent the usual operation of the Website, the iFind Develop Network, iFind Develop Plugin and its availability to the public.
  • iFind Develop is not liable for any loss of money, good will or reputation arising, directly or indirectly, out of the Network Partner’s use of or inability to use the iFind Develop Network or services.
  • The Website, iFind Develop Network, iFind Develop Plugin and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, iFind Develop does not make any representations or warranties as to the Website nor any technology offered by it, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website, iFind Develop Network and iFind Develop Plugin including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website, iFind Develop Network and iFind Develop Plugin.
  • We do not warrant the accuracy or reliability of any iFind Develop Network data or reports issued to you and you acknowledge that all information contained in an iFind Develop Network report is general and for information purposes only and must not be relied on. iFind Develop is not liable for any loss, cost, expense or inconvenience suffered or experienced by you as a result of you relying on the information provided in any iFind Develop Network report or from the iFind Develop Network.
  • We do not warrant the accuracy or reliability of any site plans, floorplans, or material generated/provided by the iFind Develop Network and is general and must not be relied on for any decision making. iFind Develop is not liable for any loss, cost, expense or inconvenience suffered or experienced by you as a result of you relying on any information, data, reports such as floorplans and feasibilities provided.
  • iFind Develop does not represent or warrant that the Website, the iFind Develop Network, iFind Develop Plugin or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website, the IFind Develop Network or the iFind Develop Plugin. iFind Develop does not guarantee continuous, uninterrupted, error-free or secure access to the Website, iFind Develop Network, iFind Develop Plugin or its services, since the operation of the Website and the technologies offered by iFind Develop may be interfered with by numerous factors outside of iFind Develop’s control.
  • The Network Partner’s use of the iFind Develop Network or services is completely at the Network Partner’s own risk.

44. Notice of Confidential Information.

  • This document (and any attachments) may contain information that is confidential, proprietary, privileged or otherwise protected by law. The message is intended solely for the named addressee (or a person responsible for delivering it to the addressee). If you are not the intended recipient of this message, you are not authorised to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please destroy the message or delete it from your system immediately and notify the sender by return email.

45. Release

  • The Network Partner releases iFind Develop (and iFind Develop’s officers, directors, agents, subsidiaries, and employees), its affiliates and related companies from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between the Network Partner and any other Member or user of the iFind Develop Network.
  • You release IFind Develop from any claim arising:
    • From any loss or damage suffered by you directly or indirectly as a consequence of being introduced to any property contained herein by IFind Develop;
    • Directly or indirectly or in respect of the failure of your investment in any property contained herein to perform to your advantage or to the degree suggested or assumed in any of the property information contained herein, including any advice or forecast provided by IFind Develop;
    • Directly or indirectly, by or on behalf of IFind Develop in respect of the valuation of any property contained herein whether in its present or future state or condition; and
    • Directly or indirectly from or in respect of the provision of advice in respect of mergers or acquisitions.

46. Indemnity

  • The Network Partner will defend and indemnify iFind Develop (and its officers, directors, agents, subsidiaries and employees) its affiliates and related companies from and against all claims, demands and liabilities (including legal costs incurred by iFind Develop) caused by or arising from or in relation to the Network Partner’s breach of the Agreement, or the Network Partner’s infringement of any law or the rights of a third party in the course of using the iFind Develop Network or services.

47. Assignment

  • The Network Partner must not assign this Agreement without prior written consent from iFind Develop.
  • iFind Develop may assign this Agreement at anytime. If iFind Develop assigns this Agreement, iFind Develop will notify the Network Partner of the assignment.

48. Termination and suspension by iFind Develop

  • iFind Develop may terminate this Agreement or bar access to the Network Partner’s online account (Basic, Standard or Premium iFind Develop network account), after notifying the Network Partner, if:
    • the Network Partner is in material breach of this Agreement and the Network Partner fails to remedy the breach within 7 days of notice;
    • the Network Partner fails to pay outstanding fees after 7 days of notice;
      a legal dispute between the Network Partner and iFind Develop arises;
      iFind Develop reasonably believes that there is a real risk of loss or damage or legal liability to iFind Develop or another party if iFind Develop does not terminate or suspend the Network Partner’s subscription/online account;
    • the law requires iFind Develop to do so;
    • iFind Develop believes on reasonable grounds that providing the Network Partner a subscription/ online account is illegal or may become illegal; or
    • iFind Develop has received a serious complaint or multiple complaints regarding the Network Partner’s activity on the iFind Develop Network.
    • the Network Partner takes any action that in iFind Develop’s opinion: undermines the iFind Develop Network and/or iFind Develop services; or
    • encourages a Member to circumvent the iFind Develop Network.
    • iFind Develop reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, iFind Develop Network or iFind Develop Plugin, and to limit, block or prevent access to and use of this Website, the iFind Develop Network and/or the iFind Develop Plugin, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website, the iFind Develop Network, the iFind Develop Plugin and all services, including any licence granted.
    • iFind Develop reserves its right to refuse service, terminate an order or change or remove the Website, the iFind Develop Network, the iFind Develop Plugin or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on any order in any way, other than a refund that is expressly permitted under the Terms.
  • iFind Develop also reserves the right to cancel subscriptions/ online accounts that have been inactive for 12 months or longer.

49. Third party sites

  • The iFind Develop Network may contain links to other websites which are not maintained or controlled by iFind Develop. Third party sites are not part of the iFind Develop Network. These links are provided by iFind Develop solely for Member convenience.
  • iFind Develop makes no representations or warranties whatsoever about any third party site. iFind Develop does not endorse or accept any responsibility for the content or use of any third party site.
  • If the Network Partner accesses any third party site, the Network Partner leaves the iFind Develop Network and does so entirely at the Network Partner’s own risk.

50. Confidential information and Privacy Policy

  • iFind Develop uses its best endeavours to keep the Network Partner’s confidential information confidential and secure. iFind Develop will not knowingly give out or divulge the Network Partner’s confidential information.
  • iFind Develop maintains site security and has implemented a number of security features aimed at keeping the Network Partner’s confidential information secure within the iFind Develop Network. These security features include: Microsoft Azure Hosting and Microsoft Security Encryption across the iFind Develop Network. However, iFind Develop does not warrant or guarantee that the iFind Develop Network will not be able to be hacked or that iFind Develop will not lose any of the Network Partner’s data or content.
  • iFind Develop values the Network Partner’s privacy and Invest iFind Develop orist collects, uses and discloses personal information in accordance with the iFind Develop Privacy Policy.
  • The Network Partner warrants that the Network Partner will not knowingly give out or divulge any confidential information relating to iFind Develop or other Members or any purchaser’s personal details.;

51. Viruses

  • iFind Develop assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the Network Partner’s or any other user’s computer equipment or other property on account of the Network Partner’s or other user’s access to, use of, or browsing on the iFind Develop Network or downloading of any content from the iFind Develop Network.
  • The access or usage of whatsoever nature of the iFind Develop Network by the Network Partner or user is completely at the Network Partner’s or user’s own risk.

52. Recourse

  • If the Network Partner is dissatisfied with the iFind Develop Network and/or its services the Network Partner’s sole and exclusive remedy is to discontinue using the iFind Develop Network and to cancel the Network Partner’s subscription in accordance with your agreed subscription terms (Clause 18). In such an event, the Network Partner agrees to destroy all content obtained by the Network Partner through the iFind Develop Network and all copies thereof. This provision shall survive on termination of the Agreement.

53. Disputes between Members or other users

  • iFind Develop is not liable for any disputes that may arise between Network Partners and Sellers or other users.
  • If a dispute arises between a Network Partner and Seller or other user, the responsibility for resolution of the issue rests solely with the Network Partner and Seller or other user.
  • If a Member has any questions, complaints, or issues regarding a transaction they must direct their queries to the other party.

54. Complaints

  • If the Network Partner has any complaint or objection to any content on the iFind Develop Network, or if the Network Partner believes that content on the iFind Develop Network infringes a copyright that the Network Partner holds, the Network Partner should contact iFind Develop immediately by completing and emailing iFind Develop the relevant iFind Develop complaint form.
  • iFind Develop will not act on or accept receipt of any complaints without a completed and signed iFind Develop complaint form.
  • Once iFind Develop has received the Network Partner’s completed and signed complaint form iFind Develop will contact the Network Partner within a reasonable time and notify the Network Partner of the action iFind Develop intends to take regarding the complaint. If iFind Develop decides to take down the offending content complained of, the removal of this content will be completed within a reasonable time frame.

55. Legal disputes

  • In the event of a dispute between the Network Partner and iFind Develop, iFind Develop may consider alternative dispute resolution procedures as a means of resolving the dispute between the parties.

56. Law and forum for legal disputes

  • This Agreement will be governed in all respects by the laws of Victoria, Australia.
  • If a dispute cannot be resolved then the Network Partner and iFind Develop irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the Network Partner waives any rights the Network Partner may have to object to an action being brought in the Courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).

57. General Terms

  • Unless otherwise expressly stated, these Terms prevail over any representation made on the Website or by iFind Develop’s staff and personnel.
  • If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing.
  • If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
  • These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.

58. Additional policies and agreements

  • The following policies also apply to the Network Partner’s use of the iFind Develop Network and the Network Partner agrees to be bound by the terms contained in these policies/agreements:
    1. iFind Develop Privacy Policy;
    2. iFind Develop Feedback Policy; and
  • Advertising Agreement (if applicable).
  • iFind Develop policies as published on the Website form part of these Terms and governs the use of the Website, including our Privacy Policy which governs our practices for the collection, use and disclosure of your personal information. By agreeing to the Terms you are also agreeing to the Privacy Policy.

59. Miscellaneous Terms

  • iFind Develop and the Network Partner are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by this Agreement.
  • If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.
  • If iFind Develop does not act in relation to a particular breach by the Network Partner of this Agreement, this will not be treated as a waiver by iFind Develop of its right to act with respect to subsequent or similar breaches.
  • This Agreement contains the entire understanding and agreement between the Network Partner and iFind Develop.

60. In these terms, unless the contrary intention appears:

  • clause headings are for ease of reference only and are not relevant to interpretation;
    a reference to a clause number includes a reference to its subclauses;
    words in the singular include the plural and vice versa;
  • a reference to a person includes bodies corporate and unincorporated associations and partnerships; and
  • where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

Properties

  • $2,540,000
  • 872 m2
  • House
  • $1,850,000
  • 352 m2
  • House
  • $1,100,000
  • 992 m2
  • House
  • $815,000
  • 875 m2
  • House
  • $1,320,000
  • 743 m2
  • House

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