Platform Terms and Conditions for Consumers // Koti

Thank you for using Koti. We are excited to offer our services to you as a consumer and are looking forward to facilitating your connections with builders and land suppliers so that you can purchase and build on land.

Our online platform consists of our website located at www.mykoti.com.au and the “Koti” web application  (collectively, Platform), which are owned and operated by Koti Group Pty Ltd ACN 639 917 561 (Koti, we, us, our).

Please read these terms and conditions (Terms) carefully as they form a contract between our consumer Platform users (Consumer, you) and us (Agreement). By using the Platform, you agree with and accept the Terms in this Agreement.

This Agreement, our Privacy Policy www.mykoti.com.au/privacy-policy and all policies and guidelines published on the Platform from time to time form the entire agreement between you and us. If you do not accept any terms of the Agreement, you must cease using the Platform immediately.

We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.

2.1          Overview

(a)       Through our Platform, we facilitate connections between Consumers who are searching for vacant property or land with builders and land suppliers (Suppliers) who are selling vacant land or who can build on vacant land. Consumers and Suppliers are collectively Users of the Platform for the purposes of this Agreement.

(b)       Consumers can search and view available lots, vacant land and house designs posted by Suppliers on the Platform (Supplier Posts) and connect with the Suppliers to further explore their services.

(c)       The lots, vacant land, house and land designs, plans, house façade images, building products or services and developer services that Suppliers may offer are collectively the Supplier Services.

2.2          Our role

(a)       We act as the developer and provider of the Platform and our role is limited to:

(i)         facilitating your access to and use of the Platform;

(ii)        taking feedback about the Platform; and

(iii)      improving and modifying the Platform.

(b)       By accessing and using the Platform, you agree and acknowledge that we:

(i)         are not responsible for, and have no control over the use of the Platform by other Users;

(ii)        do not accept payments on behalf of Suppliers;

(iii)      do not have any employment or agency relationship with Suppliers or other Users;

(iv)      do not own, create, sell, resell, provide, control, manage or represent any Suppliers or other Users;

(v)       do not guarantee the existence, availability, suitability or legality of a Supplier Post or any Supplier Services;

(vi)       do not offer or provide any Supplier Services ourselves; and

(vii)     we reserve the right, but are not obliged, to monitor, verify, modify or delete, any material or information created, generated or transmitted by Consumers and Suppliers through the Platform, including any Supplier Posts (collectively, User Content) and we do not control the accuracy of User Content.

3.1          Account Registration

(a)       To obtain access to our Platform, you must register for an account with us (Account) and accept these Terms and our Privacy Policy www.mykoti.com.au/privacy-policy which forms a contractual relationship between you and us.

(b)       To register a Consumer Account, you must:

(i)         possess the legal right and ability to enter into a legally binding agreement; and

(ii)        provide current, complete and accurate information to all the items in the sign-up page of the Platform, which may include:

(A)      your full name;

(B)      valid email address;

(C)      phone number; and

(D)      suburb of residence,

(together, the Registration Information).

(c)       When registering an Account, you must nominate a username and password. You are responsible for maintaining the confidentiality and integrity of the Account, your Registration Information, the password and for all use and activity carried out on your Account. If you believe that there has been unauthorised access to your Account, please contact us.

(d)       The information you provide us through the Platform, including but not limited to your Registration Information, must be accurate, complete and up to date. You must promptly update all information to ensure it remains up to date. We are not obliged to confirm the identity of Users but may, at our discretion, take reasonable steps to ensure details are accurate.

(e)       You acknowledge and agree that if the information that you provide to us is inaccurate or becomes out of date, you may not be able to use all or any of the features of the Platform.

(f)        We reserve the right to refuse to register any Consumer for any reason at our sole discretion or to deny anyone access to an Account or the Platform at any time and for any reason, without notice.

3.2          Use

(a)       By accessing and using the Platform as a Consumer, you represent and warrant that:

(i)         you are at least 18 years of age; and

(ii)        you have the legal right, authority and capacity to agree to and abide by the Terms of the Agreement.

(b)       By accessing and using the Platform as a Consumer, you agree and acknowledge that:

(i)         we are not a party to, or a participant in, any contractual relationship between Users;

(ii)        you are responsible for complying with any relevant legislation and regulations that may become applicable as a result of any contractual relationship you enter into with a Supplier;

(iii)      we have no control over of the conduct of our Users or your interactions with other Users (whether in person or online);

(iv)      we do not guarantee the existence, availability, suitability, legality or safety of the Platform;

(v)       your access to and use of the Platform is non-transferable;

(vi)      we may in our sole discretion deny anyone access to an Account or the Platform any time, including but not limited to where you have breached any provision of this Agreement; and

(vii)     we are not obliged to confirm the identity of the Platform Users, except to the extent of any applicable verification procedures outlined within this Agreement.

(c)       By registering for an Account, you agree that we may send you text (SMS) messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform.

4.1          Permitted Use

(a)       You may view the Platform using a web browser or mobile device and copy or print hard copies of parts of the Platform solely for your personal, non-commercial purposes as provided for in these Terms.

(b)       Any other use, including the modification, distribution, transmission, republication, display or performance of the content on the Platform, except as provided for under these Terms, is strictly prohibited.

4.2          Your Obligations

You represent and warrant to:

(a)       use the Platform in accordance with these Terms and for lawful purposes only; and

(b)       comply with applicable laws and regulations.

4.3          Limitations

In accessing the Platform, you represent and warrant that you will not:

(a)       modify or copy the layout of the Platform or any computer software and code contained in the Platform;

(b)       commit any act or engage in any practice that:

(i)         is harmful to our systems, reputation or goodwill; or

(ii)        interferes with or disrupts the integrity of the Platform, including but not limited to, by hacking, transmitting any viruses, spyware, malware or any other unauthorised malicious code of a destructive or disruptive nature;

(c)       create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;

(d)       restrict, or attempt to restrict, another User from using or enjoying the Platform;

(e)       interfere with the privacy of another person or harvest or otherwise collect information about others, including Registration Information, without their consent;

(f)        infringe any intellectual property rights or any other contractual or proprietary rights of another person;

(g)       bypass any measures used to prevent or restrict access to our Platform;

(h)       do any act, engage in any practice or omit to do any act or engage in any practice that:

(i)         is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;

(ii)        would cause us to breach or to be taken to breach a law;

(iii)      would bring us into disrepute; or

(iv)      interferes with the integrity or supply of the Platform to all Users; or

(i)         encourage or facilitate violations of these Terms;

(j)         distribute or send communications that contain spam, chain letters, or pyramid schemes; and

(k)       harass, intimidate, act violently or inappropriately towards or be discriminatory against another User.

(a)       You may search, view and enquire about Supplier Posts through the Platform.

(b)       When you enquire on a Supplier Post, the Platform will provide your contact details and enquiry to the Supplier.

(c)       You acknowledge:

(i)         Suppliers are under no obligation to respond to your enquiries on Supplier Posts and it is at the Supplier’s discretion to respond to your enquiry;

(ii)        any price included in a Supplier Post is an estimate only;

(iii)      we are not responsible for and accept no liability in relation to any communication, conduct, acts or omissions by Suppliers;

(iv)      you should always verify a Supplier’s details and exercise due diligence and care when dealing with Suppliers;

(v)       we do not guarantee the existence, availability, suitability, legality or safety of a Supplier Post, or Supplier Services specified in the Supplier Post;

(vi)      we are not responsible for and accept no liability in relation to any subsequent communication, conduct, acts or omissions by Suppliers; and

(vii)     we do not guarantee that the Suppliers on the Platform have the relevant expertise, professional qualifications, licenses, insurances or certificates of currency, permits, registration as a registered builder or other legal requirements to carry out or supply the Supplier Services set out in the Supplier Post or other User Content;

6.1          No fees

Consumers may create Accounts and use the Platform free of charge.

6.2          Fees between Users

(a)       Payment arrangements between Consumers and Suppliers for Supplier Services are to be arranged solely between the Consumer and Supplier. We do not accept any liability or responsibility for the payment of fees by Consumers to Suppliers in exchange for the Supplier Services set out in the Supplier Post or otherwise.

(b)       You acknowledge that we have no control over the Supplier’s fees or cancellation or refunds policy for Supplier Services and that we are not liable to you for any loss or damage that may occur where a request for a cancellation or refund is refused by a Supplier.

(a)       In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

(b)       We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.

(c)       You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.

(d)       To the extent that the Platform uses any open source or third-party code that may be incorporated into the Platform, such access to the open source code is provided subject to the terms imposed by the licensor of that open source code. You acknowledge and agree that any open source code is made available "as is", without any warranty from us.

8.1          General

(a)       You are solely responsible for the User Content you post, publish or otherwise transmit through the Platform and that you obtain though accessing or using the Platform.

(b)       We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete User Content and we do not control the accuracy of User Content.

(c)       We do not claim ownership of any User Content. You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, assignable and transferable licence to use, reproduce, modify, copy, store and share the User Content, for our business or commercial purposes.

(d)       You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.

(e)       The views expressed in any User Content are the views of other Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to us.

8.2          Security of content

(a)       We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.

(b)       However, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.

8.3          Prohibited content

You must not create or generate any User Content:

(a)       unless you hold all necessary rights, licences and consents to do so;

(b)       that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c)       that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;

(d)       that would bring us into disrepute; or

(e)       that infringes the rights, including intellectual property rights, of any third party.

The Platform may contain links and other pointers to websites or applications owned and operated by third parties, including by Suppliers in their User Content. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering a transaction in relation to the third-party products and services.

To the fullest extent permitted by law, you agree and acknowledge that:

(a)       the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you;

(b)       we do not control, endorse and are not responsible for any User Content;

(c)       we make no warranty or representation that content inputted by Users, including but not limited to any User Content, is accurate and it is the responsibility of Users to review and verify the accuracy of all information input into the Platform;

(d)       we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;

(e)       we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform; 

(f)        we make no warranty or representation that the Platform will be continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;

(g)       we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information;

(h)       you are responsible for considering the appropriateness of the Platform, its services and any Platform Content, for your intended application and use and we give no warranty, guarantee or representation that the Platform, its services or the Platform Content is suitable for or meets your requirements; and

(i)         we reserve the right, but are not obliged, to monitor or become involved in any dispute between Users.

(a)       To the fullest extent permitted by law, we are not liable to you or anyone else for any loss or damage you may suffer or incur in connection with:

(i)         your access to and use of the Platform and Platform Content;

(ii)        your inability to access or use the Platform and Platform Content;

(iii)      your acceptance of a Supplier Post through the Platform or your acceptance of the Supplier Services from Suppliers you interacted with on the Platform;

(iv)      your reliance on information provided by another User through the Platform and external to the Platform;

(v)       any User Content;

(vi)      any interactions between Users or conduct of other Users;

(vii)     any User breaching or failing to comply with any applicable laws;

(viii)    any personal  injury or death caused or contributed to by a User; and

(ix)      unauthorised creation, access or use of your personal information, Account or your User Content,

even if we have been advised of the possibility of such loss.

(b)       To the fullest extent permitted by law, we exclude:

(i)         liability for special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and

(ii)        all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

(c)       Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 11(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:

(i)         the re-supply of the services or products; or

(ii)        the payment of the direct cost of having the services or products resupplied.

(a)       You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, Platform Content or any User Content, Supplier Posts, Supplier Services or your breach of the Terms or any rights of third parties.

(b)       We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

13.1       Disputes between Users

We will not monitor or become involved in any way in disputes between Users.

13.2       Disputes between Consumers and Us

(a)       The parties must use reasonable endeavours to resolve any dispute through negotiation.

(b)       If the dispute cannot be negotiated between the parties within 30 days of the dispute arising, either party may commence proceedings.

14.1       Termination

(a)       Each party has a right to terminate this Agreement at any time.

(b)       Consumers may terminate this Agreement by providing notice to us by email or by using the close account facility in settings on the Platform. Termination will be effective upon our receipt of the notice, following which, we will disable the Consumer’s Account within 7 days of when we receive the notice of cancellation.

(c)       We may suspend your Account or your access to or use of the Platform, or any portion of the Platform and/or terminate this Agreement immediately by providing notice to you by email, if we believe that you have breached the terms of this Agreement, or for any other reason in our sole discretion, subject to clause 14.1(d) below. We may disable your access to your Account immediately on providing notice to you if we believe your conduct is likely to interfere with the Platform, or the rights of any third parties. Otherwise, the termination will be effective within 7 days after the notice is provided to you.

(d)       We reserve the right to:

(i)         cease operating the Platform, or any part of the Platform, without notice and for any reason; and

(ii)        terminate our relationship with you without notice and with immediate effect if you, in any way, breach this Agreement.

14.2       Consequences of Termination

(a)       On expiry or termination of this Agreement or if one of the events described in clause 14.1(d) occurs:

(i)         access to your Account will expire or cease;

(ii)        subject to clause 14.2(b), you will not have any access to the Platform, Platform Content, your Account or User Content; and

(iii)      we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.

(b)       We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Platform, including any pending enquires on Supplier Posts.

We will collect, use, and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy www.mykoti.com.au/privacy-policy

16.1       Variation

We may vary, amend, or otherwise modify these Terms at any time. We will publish the new Terms on the Platform and on our website at which time they will be effective. Your continued use of the Platform following the posting of the new Terms constitutes your acceptance of the new Terms.

16.2       Assignment

We may assign any right, obligation, or liability under this Agreement our related bodies corporate without your prior written consent, except where the Agreement states otherwise. You may not assign any right, obligation, or liability under this Agreement without our prior written consent.

16.3       No Waiver

No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

16.4       Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

16.5       Governing law and jurisdiction

This Agreement is governed by the laws in force in Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts of Queensland.

16.6       Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments, and suggestions for improvements to the Platform (Feedback). You may submit Feedback by contacting us via support@mykoti.com.au.

 

© 2022 Koti Group Pty Ltd.

ALL RIGHTS RESERVED.

Terms last updated in April 2022.