Term & Conditions
Latitude Property
Terms and Conditions
1 Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
· We will handle your personal information in accordance with our privacy policy, available at https://www.latitudeproperty.com.au/.
· Our liability under these Terms is limited to the Fee paid by you, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, any loss or corruption of data, any incorrect information provided by you, or for any Liability arising from or in connection with the payment of the Deposit, problems with your internet which affect your access to the Platform or ability to make a Reservation or the unavailability of Properties on our Platform due to third parties.
· You may be entitled to receive a Rental Guarantee as set out in Annexure 1.
· Upon expiry or termination of these Terms we may remove your access to the Platform and prohibit you from making Reservations. Nothing in these terms limit your rights under the Australian Consumer Law.
2 Introduction
2.1 These terms and conditions, including any schedule, annexure or other document attached to these terms and conditions (together, the Terms) are entered into between Latitude Property Australia Pty Ltd (ACN 593 545 534) ATF Latitude Property Australia Trust (ABN 18 988 503 775) (we, us or our) and you, together the Parties and each a Party.
2.2 We provide an online platform where you can view investment properties available on the market and reserve a property by sending an expression of interest (Platform).
2.3 In these Terms, you means the person using the Platform.
2.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
3 Acceptance and Platform Licence
3.1 You accept these Terms by accepting these Terms on the Platform.
3.2 You must be at least 18 years old to make a Reservation on the Platform.
3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
3.4 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
(c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses); or
(d) facilitating or assisting a third party to do any of the above acts.
3.5 From time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
3.6 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the help desk, over the phone, or via email. We will endeavour to respond to any support requests in a reasonable period.
3.7 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
3.8 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
4 Latitude Property Services
4.1 You may use our Platform to reserve a property (Property) you wish to invest in.
4.2 You must provide basic information when using the Platform to make a Reservation including your business name, contact name and email address.
4.3 All personal information you provide to us will be treated in accordance with our Privacy Policy.
4.4 You are responsible for providing accurate information when making a Reservation and we will not be liable for any issues arising from incorrect personal information provided by you.
4.5 In order to reserve a Property, you must pay the deposit outlined on the Platform (Deposit) and fill out and return an expression of interest form (EOI) (available at: [www.latitudeproperty.com.au]) within 48 hours of following the steps in clause 4.2 (Reservation).
4.6 If you do not fill out and return an EOI and pay the Deposit in accordance with clause 4.5, you waive the right to reserve the Property and the Property will be made available on the Platform for other users to reserve.
4.7 You agree and acknowledge the properties listed on our Platform, including a Property, may be managed by a third party and sold by that third party.
4.8 If a Property you have attempted to reserve is sold in accordance with clause 4.7 we may, at our reasonable discretion, offer you an equivalent substitute property or refund your Deposit.
4.9 The payment methods we offer for the Deposit are set out on the Platform. We may offer payment through a third-party provider [for example, Stripe, Xero]. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
4.10 You must not pay, or attempt to pay, the Deposit by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
4.11 If you wish to rescind your Reservation, you must provide notice to us via email that you wish to rescind [at least [24 hours]] after making the Reservation.
4.12 The Deposit is only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
5 Rental Guarantee
5.1 We may provide you with a Rental Guarantee in accordance with Annexure 1.
6 Warranties
6.1 You represent, warrant and agree that:
(a) you will not use our Platform in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms; and
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete.
7 Australian Consumer Law
7.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
7.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
7.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
7.4 This clause will survive the termination or expiry of these Terms.
8 Liability
8.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) we will not be liable to you for any Liability arising from or in connection with:
i. the payment of the Deposit;
ii. problems with your internet which affect your access to the Platform or ability to make a Reservation; or
iii. the unavailability of Properties on our Platform due to third parties,
(c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Deposit paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Deposits paid, an amount equal to 12 months of Deposits calculated on a pro rata basis having regard to the amount of Deposits paid and the period of time).
8.2 This clause will survive the termination or expiry of these Terms.
9 General
9.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
9.2 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
9.3 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
9.4 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.
9.5 Governing law: These Terms are governed by the laws of NSW. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
9.6 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided by you. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
9.7 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
10 Definitions
10.1 Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
10.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
10.3 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
10.4 Rental Guarantee means the guarantee set out in Annexure 1 to these Terms.
For any questions or notices, please contact us at:
Latitude Property Australia Pty Ltd (ACN 593 545 534) ATF Latitude Property Australia Trust (ABN 18 988 503 775)
Email: info@latitudeproperty.com.au
Last update: 22 June 2023
© LegalVision ILP Pty Ltd
Annexure 1 – Rental Guarantee
1 Guarantee
1.1 If you reserve a property with us in accordance with our Terms and it is unoccupied by tenants you may be entitled to receive financial compensation in lieu of the rental payments (Rental Guarantee).
1.2 Our Rental Guarantee may be available for the following property reservation types:
(a) NDIS properties;
(b) co-living or boarding houses;
(c) houses;
(d) townhouses;
(e) dual key properties;
(f) duplexes;
(g) units; and
(h) supported independent living arrangements.
(i) [residential properties]
1.3 The Rental Guarantee may be provided either by us or by a third-party provider depending on the property you reserve (Rental Guarantee Provider).
2 Eligibility
2.1 Eligibility for the Rental Guarantee will differ depending on the Rental Guarantee Provider.
2.2 You will be required to complete an application and provide relevant documentation to the Rental Guarantee Provider (Rental Guarantee Application).
2.3 At the time of reserving your property, we will notify you of who the Rental Guarantee Provider is what the requirements for the Rental Guarantee Application are. Some Rental Guarantee Providers may require you to pay an insurance premium to receive the Rental Guarantee.
2.4 We will provide you with assistance in completing the Rental Guarantee Application as necessary.
2.5 You may be required to accept additional terms and conditions issued by the Rental Guarantee Provider.
2.6 If your Rental Guarantee Application is accepted you will be issued with a certificate from the Rental Guarantee Provider.
3 Conditions
3.1 Subject to the terms and conditions offered by the Rental Guarantee Provider, your Rental Guarantee will commence after you receive the certificate from Rental Guarantee Provider. It ends either when the tenant signs the lease or when you no longer qualify to receive the Rental Guarantee.
3.2 You will only be entitled to Rental Guarantee payments after receiving the certificate from the Rental Guarantee Provider.
3.3 The Rental Guarantee may be subject to the following limitations:
(a) a maximum compensation amount; or
(b) a maximum coverage time limit.
3.4 If the property you reserve is eligible for a Rental Guarantee provided by both us and a third-party, the third-party guarantee will prevail. You are only entitled to receive one Rental Guarantee for each property you reserve.
3.5 The Rental Guarantee may be subject to changes by the Rental Guarantee provider. We will provide you with notice of the changes via email or other reasonable means. If you do not agree with the changes, you will have the opportunity to terminate your agreement within [7] days.
This Agreement is entered into between Latitude Property Australia Pty Ltd (ACN 593 545 534) ATF Latitude Property Australia Trust T/A Latitude Property Australia (ABN 18 988 503 775) (we, us or our) and you, together the Parties and each a Party.
4.0 Latitude Property is not endorsed by, or directly affiliated with, the National Disability Insurance Agency (NDIA), nor has the NDIA reviewed or endorsed any of the information provided on this Website. Any references on this Website to a third party, including the NDIA, their business name, or trademarks does not modify or otherwise affect the intellectual property rights of the relevant third party.
