1. Overview 

This page states the Terms and Conditions (“Terms”) which governs your use of our website. Please read them carefully as they affect your rights and liabilities under the law. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our website. These Terms are effective on the date they are published on our website.

2. Binding Agreement and Variations

a. Our website is provided to you for your use subject to these Terms. These Terms form a binding agreement between you and OT10 Pty Ltd (ABN 54 673 451 413) (“OT10”). By accessing or using our website you agree to accept and be bound by these Terms.

b. We may update these Terms from time to time and the updated version will apply to you. Our current Terms will be accessible through our website.

c. If we reasonably believe that changes to these Terms will be materially detrimental to Users, we will provide a notice on our website 30 days prior to the changes taking effect.

d. If you do not wish to accept the new Terms, you should not continue to use our websites and apps. If you continue to use our websites and apps, your use will indicate your agreement to be bound by the new Terms. 

e. Your use of our website may be subject to another agreement/s with OT10. In the case of any conflict between these Terms and any other such agreement/s, the other agreement/s will prevail.

3. Intellectual Property

a. Unless otherwise expressly permitted by us, the materials and Content on our website must only be used for your personal, non-commercial purposes. You must keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for non-personal or commercial purposes any of the materials or Content on our website without prior written permission from us.

b. We welcome ideas and feedback from you about all aspects of our website. You agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our website (such as bulletin boards, forums and newsgroups) or directly to us (e.g. by email). You understand that you will not be compensated for your ideas and feedback, even if we subsequently make changes to our website (including products and services) following receipt of your ideas and feedback. If required by law, you will formally transfer any intellectual property or other rights in your ideas and feedback to us for nominal consideration. 

4. Availability of our Website

a. Although we aim to offer you the best service possible, we make no promise that our website will meet your requirements.

b. We cannot guarantee that our website will be uninterrupted, fault-free, error-free, or that our website and servers are free of viruses or other harmful mechanisms. If a fault occurs with our website you should report it to us and we will attempt to correct the fault as soon as we can.

c. Your access to our website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.

d. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through our website or delivered via electronic mail through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.

5. Use of our website

a. We hereby grant you a limited, terminable, non-exclusive right to access and use our website only for your personal use.

b. You may not use our website for any of the following purposes:

• aggregating, copying or duplicating in any manner any of the Content or information available from our website;
• reproducing any of the Content for general use;
• link to any Content or information available from our website unless we permit otherwise; or
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
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c. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of our website.

d. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on our website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our website on your own website or in any other publication), except with our prior written consent.

6. Your use of our services

All Users agree to not:

a. transmit, post, distribute, store or destroy material, including without limitation Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information;

b. violate or attempt to violate the security of our website, including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorisation, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations;

c. reverse engineer or decompile any parts of any of our website; 

d. aggregate, copy or duplicate in any matter any of the Content or information available from our website, other than as permitted by these Terms or another agreement we have with you;

e. access data not intended for you or logging into a server or account which you are not authorised to access;

f. delete or alter any material posted by any other person or entity; or

g. attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to our website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing” (or similar activity).

7. Term and Termination

a. These Terms will remain in full force and effect while you are a User of our website.

b. We reserve the right, at our sole discretion, to pursue all of our legal remedies, if you breach these Terms. This may include, but is not limited to removing or restricting your access to our website and/or any of our Services.

c. Even after you are no longer a User of our websites and apps, provisions of these Terms that are capable of surviving will remain in effect.

8. Our Liability

a. Our website (which includes our Services) act primarily as venues for:

• Users to research, evaluate and engage Service Providers;
• Service Providers to post their profiles; and
• OT10 to list, rank or otherwise sort Service Providers.

b. To the maximum extent permitted by law, we are not responsible for the quality, safety, legality, or accuracy of the Profile Content by Service Providers posted on our website.

c. We do not endorse or recommend any of the Service Providers, business or opportunities listed on our website and we strongly recommend that prior to entering into any agreement with any of the Service Providers on our website, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through our website or on the internet generally. 

d. We reserve the right in our sole discretion to remove any Profile Content including but not limited to Profiles or other material from our website from time to time (acting reasonably).

e. Our website also provides content from other internet sites or resources and while we try to ensure that material included on our website is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on our website we will attempt to correct the inaccuracies as soon as we reasonably can.

f. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other Users with whom you come in contact through our website. Other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using our website. 

g. Our website and Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of our website or the Content. The use of our website and the Content is at your own risk.

h. Nothing on our website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its websites, products, services or otherwise. 

i. If we are in breach of these Terms or have any other legal liability to you (to the extent it cannot be excluded under law), we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use our website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

j. To the maximum extent permitted by law, our liability for breach of a term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.

k. In the event we cannot exclude liability under law, the aggregate liability of OT10 to you for all claims arising from your use of our website and/or our Services shall be limited to AUD100. Some jurisdictions do not allow such limitations of liability, so the foregoing limitation may not apply to you.

9. Disclaimer

a. We shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of our Services or for Content, accuracy or quality of information available or transmitted through our Services.

b. You acknowledge and agree that it is not our policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through our websites and apps and/or our Services.

10. Third Party Websites

We may provide links and pointers to internet sites maintained by third parties from our website. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We are not responsible for the copyright compliance of any linked site. To the maximum extent permitted by law, we will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

11. Advertising and Sponsorship

a. Part of our website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our website complies with relevant laws and codes.

b. Professional Service Providers on our curated lists are rated by OT10 based on proprietary criteria that includes consideration of publically available verified online reviews. Nonetheless, inclusion on our curated lists is a commercial arrangement between OT10 and the individual Professional Service Provider which includes the payment of fees to OT10.   

c. We reserve the right to refuse to run any advertisements that, in our sole discretion, are not suitable for publication on our website.

d. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

12. Indemnity

a. To the maximum extent permitted by law, you agree to indemnify OT10 and its affiliates, and their respective officers, directors, employees, and agents, from any loss or damage suffered as a result of any third party claims, actions or demands, including without limitation reasonable legal and accounting fees, directly resulting from:

• any Profile Content or other material provided to OT10 by a third party; or

• Your use of any Content, except to the extent we contribute to any such loss or damage.

b. We shall provide notice to you promptly of any such claim, suit or proceeding.

13. Contracting Parties & Governing Law

a. Your contractual relationship is with OT10 Pty Ltd (ABN 54 673 451 413).

b. These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia. 

14. International Use & Translations

a. We make no promise that materials on our website are appropriate or available for use in your location, and accessing our website from territories where its contents are illegal or unlawful is prohibited. If you choose to access our website from your location, you do so on your own initiative and are responsible for compliance with local laws.

b. These Terms may be translated into the local language in the relevant territory. In the event of a conflict between the Terms in the English language version and the localised version, the English language version shall prevail. The localised version shall be deemed to be automatically amended to conform with and made consistent with the English language version.

15. Miscellaneous

a. You may not transfer any of your rights or obligations under these Terms to any other person. We may transfer our rights or obligations under these Terms to another business where we reasonably believe your rights will not be materially affected.

b. If you breach these Terms and we do not act, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.

c. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

d. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.

16. Definitions

“Advertiser” means a person or entity that is contracting to post advertisements on our website.

“Content” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software and other contents used on our website.

“Design” includes the colour combinations and the page layout of our website.

“Graphics” includes all logos, button icons, and other graphical elements on our website, with the exception of paid advertising banners.

“our Services” means any services provided by OT10 or its agents including:

• the provision of a rating service to list and rate Professional Service Providers, including creating Profiles of the relevant Professional Service Providers;
• the provision of curated lists comprising Professional Service Providers on our website;
• the provision of learning, community and professional services resources via our blog on our website;
• providing Advertisers and/or Professional Service Provider services to advertise on our website.

“Profiles” means individual profiles created by Professional Service Providers published on our website.

“Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on our website.

“Professional Service Provider” means any third party entity listed on our website which is engaged in the provision of professional services, including but not limited to: 

• Mortgage or any other type of Finance Brokers;
• Buyer’s Agents; 
• Accountants;
• Lawyers and/or Conveyancers; or 
• Any similar type of service provider.

“Text” includes all text on every page of our website, whether editorial, navigational, or instructional.

“User” refers to any individual or entity that accesses or uses any aspect of our website and/or our Services.

“Profile Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Professional Service Providers on or through our website.

“You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.