Taikun Property Group Pty Ltd (ABN 19 629 143 451) of P.O. Box 7162, Bondi Beach, 2026, NSW (TUDITM) and The Subscriber.
Background
This Agreement is a legally binding document that governs Subscriber’s rights and obligations as a subscriber to and user of the Website and the Platform. Subscriber’s strict compliance with the terms of this Agreement is a fundamental condition of its use and access to the Website and the Platform. TUDI encourages Subscriber to print out or save a copy of this Agreement for its future reference.
By clicking the "I ACCEPT" button at the end of this Agreement, Subscriber irrevocably and unconditionally accepts the terms of this Agreement and agrees that this Agreement constitutes a document or writing signed by Subscriber under applicable laws and regulations. If Subscriber does not agree to be bound by the terms of this Agreement, Subscriber must cease immediately all further use of the Website and the Platform.
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, this Agreement provides as follows.
1. Definitions and Interpretation
This Agreement remains in force until terminated by either party in accordance with clause 9.
3. Subscriber’s Rights and ObligationsThis Agreement remains in force until terminated by either party in accordance with clause 9.
3.1 PlatformTUDI hereby authorises Subscriber, during the Term and in accordance with the terms of this Agreement, to access and use the Website and the Platform.
3.2 Restrictions on SubscriberSubscriber has no right to either:
Subscriber has no right to either:
Subject to Subscriber complying with and discharging each of its obligations under this Agreement, TUDI shall allow Subscriber to access and use the Website and the Platform during the Term.
4.2 TrainingSubscriber acknowledges that TUDI has no obligation to Subscriber to provide any training or other support in relation to the use or operation of the Platform.
5. Intellectual Property Rights 5.1 Reservation of titleSubscriber acknowledges that this Agreement does not convey and that it derives no right, title or interest in or to the Intellectual Property Rights and/or the Proprietary Data other than pursuant to the express authorisation set out in Clause 3.1.
5.2 Proprietary DataSubscriber further acknowledges that the Platform and each item of Proprietary Data is secret and confidential. Subscriber shall not grant access to or disclose, directly or indirectly, the Platform or Proprietary Data to any other person without the prior written approval of TUDI.
6. Subscription Fee
TUDI represents that it has the right to license the use of the Website and the Platform to Subscriber in accordance with the terms of this Agreement.
7.2 Caveats
Subject only to Clause 8.1, all conditions, warranties, representations, indemnities and guarantees with respect to the Platform (or any other goods or services that may be provided by TUDI), that would otherwise be implied or imposed by statute, law, equity, trade custom, prior dealings between the parties or otherwise (including any implied warranty of merchantability, suitability, fitness for purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
7.4 No representation or reliance
Nothing contained in this Agreement excludes, restricts, limits or modifies any:
Subject only to Clause 8.1, in no event will TUDI be liable to Subscriber or to any third party under or in connection with this Agreement or in respect of the use of (or failure or performance of) the Platform for:
TUDI may, in its sole and unfettered discretion, and without Subscriber’s consent, place links on the Website to other websites on the internet that are owned or operated by third parties. Subscriber acknowledges and agrees that TUDI is not responsible for the operation of or content located on any such website, and TUDI cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against Buttonator.com for any damages or losses of any kind arising from the third-party website and/or the link.
8.4 Limitation of liabilitySubject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2, TUDI’s sole liability to Subscriber for any and all breaches of any term or terms of this Agreement, whether express or implied, shall be limited to:
If a Clause or any part of any Clause of this Agreement, or a right or remedy of a party under this Agreement, is found to be void, invalid or unenforceable in any jurisdiction then:
TUDI may amend this Agreement in its sole and unfettered discretion at any time, and Subscriber hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically once they are posted on the Website, and Subscriber’s continued use of the Website on or after such effective time constitutes its unequivocal and unconditional acceptance of the amended terms. This Agreement may not be otherwise amended except in writing signed by both parties. If Subscriber does not agree to the future changes to this Agreement or to any of the current terms in the Agreement, its only right and remedy is to cease use of the Website.
10.3 WaiverA waiver, consent, election or acquiescence given by a party under this is only effective and binding on that party if it is given or confirmed in writing by that party.
10.4 Assignment
To the extent permitted by law, in relation to its subject matter, this:
Intellectual Property Rights or IPRs means all the industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future) that relate to or subsist in the TUDI Technology, the Proprietary Data or the TUDI Website.
Platform means the technology, computer programs, algorithms and logic that form part of or are used in conjunction with the TUDI property analysis and information platform that is hosted on the TUDI Website (including such updates, bug fixes, new releases and new versions of the Platform as TUDI shall choose to issue or release during the Term).
Proprietary Data means all information and data that relates to or is embodied in the TUDI Technology and/or the TUDI Website.
Subscription Fee means the fee for the TUDI Platform specified to gain access to the restricted areas of the Website and as amended from time-to-time by TUDI.
Term means the initial Subscription Term specified for each subscription and any and all renewals thereof pursuant to Clause 2.
Website means the website published by TUDI www.tudi.com.au or such other websites or landing pages nominated by TUDI from time-to-time.
Part A – DefinitionsIn this Agreement unless the context indicates a contrary intention:
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We are committed to protecting your privacy
We respect the confidentiality of your information and take your privacy very seriously, abiding by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act).
The purpose of this document is to describe how Taikun Property Group Pty Limited ACN 629 143 451 (trading as "TUDI") manages any Personal Information that we collect in connection with your use of the TUDI website.
For the purposes of this Privacy Policy, Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.
This Privacy Policy applies to Personal Information collected from Subscribers and potential Subscribers.
This document together with the TUDI Terms and Conditions, the TUDI Disclaimer and any other terms and conditions adopted by us from time to time and available on the TUDI website, constitute the legal relationship between you and us in respect of your use of the TUDI website.
Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.
The type of information TUDI collects
1. In order to provide Subscribers with the products and services that they request we will need to collect Personal Information from Subscribers and potential Subscribers.
1.1. The type of Personal Information that we may collect from you will depend on our relationship with you and the circumstances of collection. Information we collect may include, but is not limited to, the following:
1.2. When you access and use the TUDI website we will record and log for statistical purposes certain information about such access and use, including your IP address, the date and time of your visit, the parts of the TUDI website you access during your visit, your actions on the TUDI website, and the browser you are using.
Collection
2. Information provided on subscription to TUDI website is collected for the primary purpose of accessing TUDI products and services. TUDI only collects Personal Information that is reasonably necessary for one or more of the functions or activities described in this Privacy Policy.
2.1. The information will also be used to forward to you periodic information relating to your subscription in TUDI and from time to time to provide to you with information of a generic or marketing nature relating to TUDI products and services.
2.2. By completing and submitting an online application, you provide your consent to TUDI disclosing your information to Service Providers and to use your information for the purposes referred to described in this Privacy Policy.
2.3. To access or update your Personal Information, please visit www.tudi.com.au/login, click on 'My Account' or contact TUDI on info@tudi.com.au.
2.4. Before we collect your Personal Information, or as soon as practicable after, we will take steps to notify you of the collection of your Personal Information and to remind you to review this Privacy Policy for details about the purpose for which such information is collected, how such information is used (including disclosure) and how you can access and correct such information.
2.5. If we are legally compelled to collect or disclose your Personal Information to a third party we will notify you of this fact.
2.6. Where we no longer need your Personal Information, and where we are not required by or under an Australian law or a court/tribunal order to retain such information, we will take reasonable steps to destroy or de-identify such information.
Electronic Disclosure
3. Participation on the TUDI website is designed to be affected and managed online via the TUDI website and email.
3.1. You must nominate an email address when you subscribe via the TUDI website. The email address you nominate at registration will be the address to which we will send you information about TUDI website. By nominating an email address, you consent to receiving the following documents by email to that address (or to any other email address nominated by you in your TUDI Account):
3.2. As a TUDI Subscriber you will receive financial and operational communications related to your TUDI Account.
Use of personal information
4. TUDI collects Personal Information for the purpose of conducting our business and providing products and services requested by you. Our policy is to use or disclose Personal Information for the primary purpose for which it was collected or for a secondary related purpose where you would reasonably expect us to use or disclose the Personal Information for that secondary purpose, or where such use or disclosure is required or authorised by or under an Australia law or court/tribunal order. We will only disclose sensitive information for a secondary purpose where the secondary purpose is directly related to the primary purpose, or where we are legally compelled to disclose such information.
4.1. In general, our uses of Personal Information include, but are not limited to:
Disclosure to Third Parties
5. We take your privacy very seriously and take reasonable steps to confirm that third parties, with whom we deal, are also compliant with the Privacy Act. In executing services, activities and functions, where necessary, Personal Information may be disclosed to third parties and/or related bodies corporate currently located in Australia.
5.1. Your Personal Information will not be made available to any third party, other than as required by law and to service providers for permitted related purposes (for example, auditors, consultants and advisers) for the purpose of administering your subscription.
5.2. Under no circumstances will we sell Personal Information. We only use or disclose Personal Information where it is reasonably necessary for, or directly related to, one or more of our functions or activities; or because it is required under relevant law or regulation. Personal Information will only be given to other organisations where one or more of the following situations applies:
Cross Border Disclosure
6. TUDI does not intend to send or disclose your Personal Information to overseas recipients, but may transfer your Personal Information to a foreign recipient (including when an overseas entity accesses the information in Australia), if we reasonably believe that the below are true:
Sensitive Information
7. We only collect sensitive information reasonably necessary for one or more of the uses specified in this Privacy Policy if we have the consent of the individuals to whom the sensitive information relates, or if the collection is reasonably necessary for one or more of our functions or activities.
7.1 We may also collect sensitive information in circumstances prescribed by the Privacy Act and APPs, including if required or authorised by or under an Australian law or a court/tribunal.
Unsolicited Information
8. Sometimes we may be provided with your Personal Information without having sought it through our normal means of collection. We refer to this as "unsolicited information".
8.1. Where we collect unsolicited information we will only hold, use and or disclose that information if we could otherwise do so had we collected it by means permitted by the APPs and this Privacy Policy. If that unsolicited information could not have been collected by a permitted means then we will destroy, permanently delete or de-identify the information as appropriate.
Direct Marketing
9. We may also use and disclose your Personal Information to keep you informed about products and services offered by TUDI.
9.1. Where permitted under the APPs and other Australian laws, we may from time to time use your Personal Information to send you: Offers, updates, events, articles, newsletters or other information about our products and services that we believe will be of interest to you. Offers to subscribe to our blog, social media or announcements/updates and promotional offers.
9.2. If you decide that you no longer wish to receive monthly updates, social media, updates or promotional material from us, you may unsubscribe by following the instructions contained in the relevant electronic marketing message.
How Your Information is Stored and Protected by TUDI
10. We strive to maintain relevant, reliable, accurate, complete and current Personal Information and to protect its privacy and security.
10.1. TUDI will take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We hold the Personal Information we collect on secure servers or in physical storage located in controlled environments and protect it by using encrypted and up-to-date industry standard software protection programs and locks.
10.2. Personal Information is only accessible by officers, agents, service providers, contractors and employees of TUDI on a need to know basis, unless it is disclosed to another party in accordance with this Privacy Policy. All employees are required to maintain the confidentiality of any Personal Information they handle.
10.3. If other parties provide support services to TUDI, we require them to implement appropriate safeguards to protect the privacy of the Personal Information we provide to them. This may include requiring the execution of non-disclosure agreements to ensure the confidentiality of Personal Information. Where the Personal Information is no longer needed or required to be retained we take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.
How You can Access Your Personal Information
11. You are welcome to contact TUDI to request further information about this Privacy Policy, request access to your Personal Information or make a request that your Personal Information be corrected and/or updated.
11.1. TUDI is permitted to refuse access to Personal Information in certain situations. Examples include where:
11.2. TUDI will take reasonable steps to provide a copy of this Policy to anyone who requests it, free of charge. We do not charge for receiving a request to access or correct Personal Information, although we may charge a reasonable amount to cover the cost of processing such a request. In this situation, TUDI will provide an estimate of how much the service will cost and request an agreement to the cost before proceeding.
11.3. For further information, please contact Customer Services at info@tudi.com.au.
Request for Correction of Information
12. We strongly encourage you to ask us to correct any Personal Information we hold that is out-of-date, incorrect, incomplete or misleading.
12.1. TUDI will respond to a request for correction of Personal Information within a reasonable period after the request is made. We may refuse access to your information or refuse a request for correction in limited cases, including where there are legal, regulatory or administrative reasons to deny access.
12.2. If TUDI refuses to correct the Personal Information as requested by you, TUDI will provide you with a written notice that sets out: The reasons for the refusal except to the extent that it would be unreasonable to do so. The mechanisms available to complain about the refusal.
12.3. If TUDI refuses to correct the Personal Information, it will keep with the record an indication that you have requested that the information be corrected.
12.3 To request a correction of your Personal Information, please contact Customer Services at info@tudi.com.au.
Platform Analytics and Cookies
13. Platform analytics measurement software is used to assist in tracking traffic patterns to and from the TUDI website to survey users of the sites. The information gathered is not personally identifiable and is used to improve the TUDI website.
13.1 Cookies are small pieces of text stored on your computer to help us determine where you have been on the TUDI website, when you return to the TUDI website, where you came from, and to ensure your information is secure. The purpose of this information is to provide you with a more relevant and effective experience on the TUDI website, including presenting web pages according to your needs or preferences.
13.2. TUDI may also use external service providers to track the traffic and usage on the TUDI website. We use this information to help us refine our marketing and messaging through online advertising.
13.3 Cookies are frequently used on many platforms on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. You may not be able to access some parts of the TUDI website if you choose to disable the Cookie acceptance in your browser, particularly the secure parts of the TUDI website. We therefore recommend you enable cookie acceptance to benefit from all the services on the TUDI website.
About this Privacy Policy
14. The Privacy Policy is reviewed from time to time to take account of new laws and technology, changes to our operations and practices, and to make sure it remains appropriate to the changing environment.
14.1 This Privacy Policy is publicly available on our website at www.tudi.com.au.
14.2. This Privacy Policy was last updated on 10th July 2019.
14.3 If you wish to make an enquiry about, or request access to, your Personal Information or if you have any complaint in relation to the manner in which your information has been handled, or about a breach of the APPs or a registered APP code (if any) that binds TUDI, please contact Customer Services at info@tudi.com.au.
14.4 We endeavour to respond to complaints within a reasonable period (usually 30 days).
14.5 If you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at enquiries@oaic.gov.au.
The information on the TUDI website is intended to be general in nature and is not personal financial product advice. For obvious reasons, the information cannot and does not take into account your personal objectives, financial situation or needs. Before acting on any information, you should consider the appropriateness of the information having regard to your personal objectives, financial situation and needs. In particular, we recommend that you should seek financial, tax and/or legal advice from an independent advisor who understands your specific needs and circumstances prior to making any investment decision.
In completing this publication TUDI relies upon information supplied by a number of external sources. The publication is supplied on the basis that while TUDI believes all the information in it will be correct at the time of publication, it does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability for any loss or damage sustained by subscribers, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information in this publication.
At TUDI, we believe in what we do! As at the date of this publication, Directors and/or associates of TUDI have used TUDI's insights to invest in properties. They will from time to time depending on their financial situation invest in properties located in suburbs recommended by TUDI.