If you browse, create an account or otherwise access any content, data or services via the Nxt Formwebsites, mobile sites or apps, you agree with Nxt Form Pty Ltd (“Nxt Form ”, “we”, “us”) to be bound by these terms.
Nxt Form owns, operates and publishes all of our platforms and publications. We make no warranty as to the accuracy or reliability of the information contained therein and disclaim all liability and responsibility (to the extent permitted by law) for any direct or indirect loss or damage suffered by you or any other entity relying on anything contained in, or omitted from, our platforms or publications.
Restrictions on use of platforms
In accessing or using our platforms you agree that you will not:
- use any device, software, process or means to interfere or attempt to interfere with the proper working of our platforms;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- use or index any content or data on our platforms for purposes of competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- use our platforms or any content from our platforms in any manner which, in our reasonable view, is not acceptable or not for the purpose which the platforms or content was made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- act in violation of any Term of Use or other lawful condition posed by us or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platforms or any content on our platforms, except as expressly authorised by us;
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive, disruptive, fraudulent or illegal nature;
- Or otherwise use our platforms for any purpose that is unlawful.
We reserve the right to take legally permitted action which we reasonably believe is necessary to prevent unauthorised access to or use of our platforms or any breach of the above restrictions, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our platforms and publications is copyright owned by us and our licensors. We consent to you downloading our copyright material only for private and non-commercial purposes. For reproduction or use of our copyright material beyond such use, you must obtain our written permission or that the relevant copyright owner. If given, permission may be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Third-party links and advertising
Our platforms may include advertisements, hyperlinks and pointers to websites operated by third parties. Those third party websites do not form part of our platforms and are not under the control of or the responsibility of Nxt Form . When you visit those websites you leave our platforms and do so entirely at your own risk. Nxt Form and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. The display of a third party website, content or other material does not imply an endorsement or recommendation of that third party by Nxt Form.
In this section ‘Application Information’, means information in your Nxt Form account including your personal information, files, images, data, text, or other material that Nxt Form has permitted you to store or upload on our platforms when using the Nxt Form platforms.
Nxt Form may (acting reasonably) at any time, without liability to you, remove, alter or disable access to any or all of your Application Information in its sole discretion without prior notice to you. Without limiting the previous sentence, Nxt Form may do so if Nxt Form considers that the Application Information is:
- in breach of any law or regulation;
- misleading or deceptive;
- not provided for the bona fide purpose of securing a rental property;
- inappropriate having regard to the purpose of our websites;
- likely to cause offence;
- materially incorrect;
- fraudulent or otherwise unlawful; or
- corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Application Information.
Rental Insight Reports
You may purchase Rental Insight Reports (Reports) through your Nxt Form account. You acknowledge that: reports are of a general nature only and should not be regarded as advice or relied upon by you or any other person. You agree to notify any person to whom you allow access to Reports of this; in providing Reports, we do not act as an agent for you or any real estate professional involved in preparation of the Reports.
Tenant Verification Reports
You may purchase Tenant Verification Reports through your Nxt Form account which can be used for the purposes of your tenancy application. You acknowledge and agree that:
- you will only submit an application for a Tenant Verification Report for yourself and not any third party;
- in providing the Tenant Verification Reports, we rely on the information provided to us by third parties and yourself, which we do not independently validate. We do not warrant the accuracy, completeness or suitability of the Reports and you should evaluate the usefulness of the Report for yourself;
- submission of a Tenant Verification Report with your tenancy application does not guarantee that your tenancy application will be successful;
- property managers may seek additional supporting information from you as part of your tenancy application where you submit a Tenant Verification Report or otherwise, including seeking further evidence of your identity or tenancy history;
- a Verification Report is only valid for the period specified on the Tenant Verification Report and you must only use it during the validity period and for the purpose of your rental application through Nxt Form ;
- And subject to us complying with our contractual and legal obligations, all Nxt Form features and products are subject to change, development and discontinuation.
You represent and warrant that:
your use of our platforms will comply at all times with these terms and any reasonable and lawful directions we make to you in relation to your use of our platforms from time to time; you will keep your username and password by which you access our platforms confidential and secure at all times; and you will accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any act or omission for which Nxt Form is found by a competent court to be negligent.
You agree to indemnify Nxt Form against any and all loss, liability, claim or demand, including reasonable legal fees arising out of, or in connection, with your breach of these terms.
Limitation of liability
Consumers are protected by the consumer guarantees contained in the Competition and Consumer Act 2010 (Cth), which cannot be excluded by law. These terms do not exclude those guarantees. To the extent permitted by law, our liability for breach of any consumer guarantee or any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
We make no representations about the suitability of the information, products, and services posted or advertised on our platforms or publications for any purpose. All such information, products and services are provided “as is” without any express or implied warranty. We disclaim all implied warranties and conditions with regard to the information, products, and services, posted on, or delivered in connection with, our platforms and publications.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NXT FORM BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THESE TERMS OF THE PLATFORMS.
These terms will be governed by and construed in accordance with the laws of Australia, and by using our websites you irrevocably and unconditionally submit to the jurisdiction.