CHECK MY PROPERTY: Real Estate Data Intelligence

Username *
Spaces are allowed; punctuation is not allowed except for periods, hyphens, apostrophes, and underscores.
E-mail address *
A valid e-mail address. All e-mails from the system will be sent to this address. The e-mail address is not made public and will only be used if you wish to receive a new password or wish to receive certain news or notifications by e-mail.
Password *
Confirm password *
Provide a password for the new account in both fields.
My Profile
Terms and Conditions of Use
Terms & Conditions
By clicking REGISTER button you agree to the below listed Terms and Conditions:
REDI Service Agreement Standard Terms

1 Definitions and Interpretation
1.1 In this Agreement, unless the context otherwise requires:
· "Agreement" means the agreement constituted by the Customer's acceptance of the offer contained in the Registration Acknowledgement, when read in conjunction with the Standard Terms.

· "Agreed Users" means only the person named in item 1 of the Registration Acknowledgement

· " Report" means a PDF document which contains information with respect to a particular residential property and as appropriate the relevant properties in close proximity to the particular property and other information about the location of relevance for which the report is being produced.

· "Commencement Date" means the date upon which REDI gives the Customer the initial notice under clause 2.2.

· "Confidential Information" means the confidential information of REDI which relates to the subject matter of this Agreement, including information relating to the design, processes, procedures, formulae and algorithms contained in the ordered set of instructions, which together constitute the Service, the terms of this Agreement, and any other information marked as "confidential" or "proprietary".

· "Department" means the Relevant Jurisdiction is New South Wales, the New South Wales Land and Property Information or the New South Wales Department of Lands (as applicable);

· "Department Data" means the property sales information or related data provided under CC licence to REDI by the Department.

· "GST" means:

a) the GST Law; and

b) any other goods and services tax, or any tax applying to this Agreement in a similar way.

· "GST Law" means the same as "GST Law" means in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

· "Information" means REDI Data, which is provided to the Customer as a consequence of its use of the Service under this Agreement.

· "Initial Term" means the period, as more particularly specified in item 4 of the Registration Acknowledgement, commencing on the Commencement Date.

· "Intellectual Property" means all present and future rights conferred by law or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

· "Property Reports" means a report with respect to residential properties, the structure of which may be amended from time to time by REDI. These are reports on a relative geographic area at either a state, Local Government Area, Postcode or Suburb level. These Reports may contain information such as the following:

a) Financial Indicators

b) Financial Forecasts

c) Descriptive Information

d) Schools/Crime Rates/ Transport

e) Other Relevant Information

· "Module" means, for any Relevant Jurisdiction, the type of Service to which the Customer wishes to have access, as more particularly specified in item 2 of the Registration Acknowledgement.

· "Monthly Limit" means ,with respect to a Module, the number of reports which are allowed to be generated by the use of the Service for that Module (as specified in item 2 of the Registration Acknowledgement) before an Additional Report Fee becomes payable. The ability (or otherwise) to purchase additional reports is detailed in item 6 of the Registration Acknowledgement.

· "Other Data" means, with respect to a Relevant Jurisdiction, any data (not being Department Data) with respect to residential properties in the Relevant Jurisdiction which has been provided to REDI and which is available to be accessed by the Customer or any other person who is authorised by REDI to use the Service.

· "Personal Information" means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in material form) about an individual whose identity is apparent or can be ascertained from the information or opinion.

· "Privacy Legislation" means, with respect to the use of any Information, Personal Information and the Service for a Relevant Jurisdiction:

a) the Privacy Act 1988 (Cth);

b) the Spam Act 2003 (Cth);

c) REDI’s Privacy Policy, as amended by REDI from time to time (available at http://www.checkmyproperty.com.au/); and

d) any privacy or similar legislation operating from time to time in the Relevant Jurisdiction (including for this purpose any applicable code of practice or privacy principles operating under or in conjunction with such legislation).

· "Relevant Jurisdiction" or "Region" means, with respect to a Module, the jurisdiction corresponding to that Module which is specified as such in item 5 of the Registration Acknowledgement.

· "REDI Data" means Department Data and Other Data which is stored on databases established by REDI, as updated from time to time.

· "Service" means the service developed by REDI which provides the user with online access to sales information, statistical analysis and comment about residential properties in the Relevant Jurisdictions.

· "Service Fees" means the Service Fees payable by the Customer to REDI each month as consideration for providing the Service, comprising:

a) the Standard Service Fee

b) (if applicable) any administration fee payable as contemplated by clause 5.3, as all as may be varied from time to time in accordance with this Agreement.

· "Standard Service Fee" means, with respect to a Module, the service fee referable to that Module which is payable each month as more particularly specified in item 3 of the Registration Acknowledgement.

· "Standard Terms" means these terms and conditions, as amended by REDI from time to time.

· "Term" means the Initial Term, as extended by any Extended Term as contemplated by this Agreement, subject always to clause 5.4(b).

· "Website" means the website http://www.checkmyproperty.com.au provided by REDI, the address of which may change from time to time.

1.2 Unless the contrary intention appears, a reference in this Agreement to:
(a) a group of persons is a reference to any two or more of them jointly and to each of them individually;
(b) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;
(c) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually;
(d) anything (including an amount) is a reference to the whole and each part of it;
(e) a document (including this Agreement) includes any variation or replacement of it;
(f) law (including, for the removal of doubt, any Privacy Legislation) means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
(g) dollars or $ is a reference to the lawful currency of Australia;
(h) the word "person" includes an individual, a firm, a body corporate, an unincorporated association and an authority;
(i) a particular person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
(j) The words "including", "for example" or "such as" when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;
(k) a quarter is a period of 3 calendar months;
(l) the singular includes the plural and vice versa; and
(m) headings are for convenience only and do not affect the interpretation of this Agreement.
2 Term of Agreement
2.1 In consideration of the payment of the Service Fees, REDI grants the Customer the right to use the Service for the Term PROVIDED HOWEVER and as the Customer expressly acknowledges this Agreement is not binding on REDI unless and until the Customer has received the Registration Acknowledgement, read and accepted these Standard Terms on the Website and successfully logged on to the Service.
2.2 For the Service, REDI agrees to give the Customer the username and password log-in details within one business day the provision of the Registration Acknowledgement to the Customer. For the Service, password and login details will be issued within one business day of the receipt of the Customer's fully completed Registration Acknowledgement, and successful processing of the first months Service Fee.
3 Proprietary Rights
3.1 The Customer acknowledges and agrees that:
(a) the Service contains Confidential Information proprietary to REDI;
(b) title to and ownership of the Department Data and all parts of it and all applicable Intellectual Property in the Department Data remains exclusively with the Department;
(c) title to and ownership of the Service (including the mathematical algorithms that support the Service) and all Information (other than the Department Data) and all parts of it and all applicable Intellectual Property in the Service and such Information remains exclusively with REDI;
(d) this Agreement does not constitute a sale of REDI's proprietary data or computer programs or other relevant Intellectual Property, which is licensed to the Customer under this Agreement.
3.2 The Customer acknowledges that because it has no proprietary rights over the Service, it cannot rent, sell, transfer or grant any rights to the Service in any form to any person without the prior written consent of REDI.
4 Broadcast and Distribution
4.1 (a) The Customer must not allow any third party to use the Service without the written consent of REDI.
(b) The Customer must use its best endeavours to prevent any unauthorised disclosure, use, reproduction, or distribution of the Information and acknowledges and agrees that any unauthorised reproduction use or disclosure of the Information is likely to cause loss or damage to REDI, and without limiting the remedies which may be available to REDI at law as a result of such breach, the Customer agrees to indemnify REDI against any such loss or damage.
5 Service Fees
5.1 All Service Fees payable under this Agreement are inclusive of GST and must be paid monthly in advance commencing on the Commencement Date promptly upon receipt of a tax invoice from REDI.
5.2 Service Fees must be paid by direct debit or by credit card (as specified in item 7 of the Registration Acknowledgement where applicable). By completing the details required by item 7 of the Registration Acknowledgement, the Customer will be taken to have authorised REDI to debit the relevant credit card or the relevant nominated bank account (as the case may be) with any amount that remains outstanding after the provision of a tax invoice from REDI in respect of such amount.
5.3 Without limiting REDI's rights under clause 5.6, if for any reason (including without limitation, because of insufficient funds in the Customer's bank account or because its credit card limit has been exceeded) any monthly payment of the Service Fees is not paid on the due date, REDI may charge the Customer an administration fee of $15 (which the Customer acknowledges is a reasonable and bona fide estimate of the loss to be suffered by REDI as a result of the non-payment), and such fee may be added to the Service Fees due and payable by the Customer on the next monthly Service Fee payment date.
5.4 (a) In the event that REDI wishes to vary the Service Fees which are to apply:
(i) during the term, or
(ii) at the beginning of an Extended Term,
(iii) then in either such case, at least one month prior to the date on which the variation in Service Fees is to take effect or (if applicable) one month prior to the end of the Initial Term or (as the case may be) prior to the commencement of the Extended Term which is to commence immediately after the end of the then current Extended Term (the "fee variation date"), REDI must notify the Customer of the Service Fees which are to apply on and from the fee variation date.
(b) In addition to its rights of termination under clause 2.4, the Customer acknowledges and agrees that, unless it gives REDI at least 21 days written notice that it wishes to terminate this Agreement on the fee variation date, it will be taken to have agreed to pay the Service Fees (as varied by clause 5.4(a)) as and from the fee variation date.
5.5 The Customer acknowledges that the Service Fees as at the date of this Agreement are as set out in items 3 and 4 of the Registration Acknowledgement but in the event that this Agreement is extended for an Extended Term as contemplated by clause 2.3, such amounts will be taken to have been amended as contemplated by that clause.
5.6 In the event that the Customer does not pay the Service Fees or any other amount payable to REDI under this Agreement, REDI reserves the right to charge interest at the rate of 14% per annum calculated daily on the unpaid amounts until such amounts have been paid in full. REDI further reserves the right to recover all expenses, costs and other disbursements incurred in recovering any overdue amounts, including debt collection fees and all legal costs and charges on a solicitor and own client basis. REDI reserves the right to suspend access to the Service until such time as the fees are paid in full. Service fees will continue to accrue under the terms of the Agreement whilst any suspension is in force.
6 The Service
6.1 REDI represents and warrants and it is a condition of this Agreement that REDI has the right to grant the Customer the right to use the Service in accordance with this Agreement.
6.2 In the event that REDI is in breach of this warranty and as a consequence the Customer elects to terminate this Agreement under clause 8.2, the limit of REDI's liability for such breach is to refund to the Customer that proportion of the Service Fees previously paid in advance which is referable to the period after the date of termination in respect of which such Service Fees had been so paid in advance.
6.3 The Customer acknowledges and agrees that:
(a) subject to clause 6.4, the Service may be accessed through any various medium or device now known or hereafter developed;
(b) the Service may include advertisements;
(c) the Service may include certain communications from REDI, such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Service and the Customer cannot opt out of receiving them;
(d) unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new sites or features, will be taken to be subject to this Agreement;
(e) the Service is provided on an "as-is" basis and that REDI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
(f) the Customer is responsible for obtaining access to the Service, and that access may involve third-party fees (such as an internet service provider or airtime charges) which must be borne by the Customer; and
(g) the Customer must provide and is responsible for all equipment necessary to access the Service.
6.4 The Customer must not use any software, program or application designed to run automated tasks (including but not limited to any robot, spider, search engine, scraper, script or any other high volume automated or electronic processes) to access and use the Service or to search any database made available to the Customer through the Service.
6.5 The Customer acknowledges and agrees that:
(a) if the Customer‘s use of the Service or Information breaches any term of this Agreement;
(b) if the Customer’s use of the Service negatively impacts or interferes with:
(i) the normal operation of the Service; or
(ii) the enjoyment or use of the Service by any other user of the Service; or
(c) to ensure that the Customer’s use of the Service and Information is consistent with clause 7,
REDI may, in its discretion, restrict, suspend or control the Customer’s access to and use of the Service or Information, including by:
(d) limiting the volume and nature of Information that the Customer is able to obtain in response to any given query or over a given time frame;
(e) limiting the number of queries or searches that the Customer is able to perform using the Service over a given time frame; and
(f) suspending the Customer’s access to and use of the Service for a limited period of time.
6.6 If REDI restricts, suspends or controls the Customer’s access to or use of the Service in accordance with clause 6.5, REDI will notify the Customer as soon as practicable:
(a) through the Service; or
(b) by e-mail.
7 Confidentiality and use of Information
7.1 The Customer acknowledges that in being granted the right to use the Service, it will be in possession of Confidential Information belonging to REDI and the Customer agrees that except as contemplated by this Agreement it must not disclose that Confidential Information to any other person without the prior written consent of REDI.
7.2 The Customer acknowledges that:
(a) REDI provides the Information on an 'as is' basis and thus REDI provides no warranty as to its accuracy or completeness, however REDI agrees to make all reasonable endeavours to ensure such accuracy and completeness; and
(b) because of the need to provide routine maintenance or for any other reason beyond the reasonable control of REDI, the Customer may not be able to obtain access to the Service at all times, however REDI agrees to make all reasonable endeavours to ensure that any "down time" is kept to a minimum.
7.3 The Customer must not use the Service or the Information, or allow the Service or Information to be used by any person:
(a) for marketing or promotional purposes, including but not limited to:
(i) direct marketing, including but not limited to list brokering, bulk email messaging, telemarketing and postal canvassing;
(ii) contacting any purchaser or vendor the name of which is contained in any Information;
(iii) preparing, compiling or validating marketing lists; and
(iv) data matching; or
(b) with the intention of encroaching upon or interfering with the privacy of any person the subject of any Information; or
(c) for any purpose other than enabling the Customer to obtain relevant property and area information in the course of carrying on its business (where the Customer is a business) or for private purposes (where it is not).
7.4 The Customer acknowledges and agrees that:
(a) the Department supplies REDI with Department Data under the Department Licence Agreement;
(b) REDI has certain obligations under the Department Licence Agreement, including an obligation to comply with the Privacy Legislation, and not to use the Department Data for direct marketing purposes;
(c) any breach by the Customer of corresponding obligations imposed on the Customer under this Agreement will cause REDI to be in breach of its obligations under the Department Licence Agreement; and
(d) in the event of any such breach by the Customer, the Customer must indemnify REDI against any loss, costs, charges or expenses which REDI may thereby incur.
7.5 The Customer acknowledges and agrees that the Privacy Legislation may apply to Information that is Personal Information. The Customer must:
(a) comply with the requirements of the Privacy Legislation in relation to the Customer's handling of Personal Information including the collection, use, disclosure and security of such information, whether or not the Customer is required by law to comply with the Privacy Legislation;
(b) assist REDI to comply with REDI’s obligations under any Privacy Legislation as they relate to Personal Information, including by complying with any reasonable direction or request from REDI;
(c) ensure that any person to whom the Customer discloses Personal Information is aware of and complies with the Customer’s obligations under this clause 7.5; and
(d) not do any act, engage in any practice, or omit to do any act or engage in any practice that:
(i) would result in a breach of a Privacy Legislation if the Privacy Legislation applied to those things done, engaged in or omitted to be done by the Customer; or
(ii) would cause REDI to breach or be taken to breach a Privacy Legislation; and
(e) without limiting the provisions of clauses 7.5(a)to 7.5(d):
(i) not do anything which, if done by the Department, would be a breach of a Privacy Legislation;
(ii) deal with all Personal Information in a manner which is consistent with a Privacy Legislation, as if the Customer were the Department; and
(iii) comply with any and all reasonable directions given by the Department to enable the Department to comply with its obligations under a Privacy Legislation;
(f) immediately notify REDI if the Customer becomes aware of any breach of its obligations under this clause 7, or if any privacy complaint is made against it in connection with the Information;
(g) in relation to any privacy complaint that may be made against it as contemplated by paragraph (f), the Customer must assist REDI and (if requested by REDI) the Department to investigate the complaint and act in accordance with the directions of REDI or (if requested by REDI) the Department in relation to any such complaint;
(h) take immediate steps to comply with a request from REDI to suppress details in any Department Data, including to take appropriate steps to comply with all time stipulations relating to suppressions (for example, to remove Personal Information included in any Department Data from any record that it may hold); and
(i) notify REDI if the Customer suspects that suppression has not been effected in its records, and must confirm to REDI on demand and in writing that it has complied with REDI's suppression request.
7.6 Where the Customer is selling or otherwise disposing of any form of storage device that contains copies of REDI Data, the Customer must ensure that the REDI Data is permanently erased from the storage device before its sale or disposal.
7.7 The Customer must establish and maintain throughout the Term privacy, security and other arrangements for ensuring compliance with its obligations under this Agreement.
8 Termination
8.1 REDI may terminate this Agreement by notice to the Customer:
(a) if the Customer fails to observe or perform any of the material obligations of this Agreement, including failure to pay any Service Fees or other amounts payable under this Agreement or a breach of clauses 3.2, 4, 6.4, 7.1, 7.4, 7.5or 7.6; and such default has not been remedied to REDI's satisfaction within 14 days of delivery to the Customer of a notice from REDI requiring such default to be remedied; or
(b) with immediate effect, if:
(i) the Customer becomes insolvent, or makes an assignment for the general benefit of its creditors, or any proceedings are commenced by or against the Customer under any bankruptcy or insolvency laws or proceedings for the appointment of a custodian, receiver, receiver manager, administrator trustee or any other official with similar powers over the Customer are commenced; or
(ii) the Customer ceases or threatens to cease to carry on business; or
(iii) proceedings relating to the dissolution, liquidation or winding up of the Customer are commenced; or
(iv) the Department ceases to supply Department Data to REDI.
The Customer acknowledges that it is not entitled to damages or other compensation if this Agreement is terminated under this clause 8.1.

8.2 The Customer may terminate this Agreement by notice to REDI if:
(a) REDI breaches the warranty on its part in clause 6.1; or
(b) REDI fails to observe or perform any of its material obligations of this Agreement and such default has not been remedied to REDI's satisfaction within 14 days of delivery to REDI of a notice from the Customer requiring such default to be remedied.
9 Liability and indemnity
9.1 Subject to applicable law, the Customer expressly acknowledges and agrees that REDI and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable to it for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if REDI has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(c) unauthorised access to or alteration of its transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e) any other matter relating to the service.
9.2 The Customer must indemnify and hold REDI and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
(a) any content which the Customer submits, posts, transmits or otherwise makes available through the Service;
(b) the Customer’s use of the Service or Information;
(c) the Customer’s connection to the Service;
(d) any breach of the terms of this Agreement; and
(e) the Customer’s breach of any rights (including the Intellectual Property rights) of another person.
10 Compliance
10.1 The Customer must ensure that its employees, personnel, contractors, agents and related entities:
(a) are informed and aware of the Customer’s obligations under these Standard Terms; and
(b) comply with these Standard Terms at all times.
11 General
11.1 Notwithstanding any other provision of this Agreement, no default, delay, or failure to perform any obligation (not being a payment obligation) by either party will be considered a breach of this Agreement if such event or cause is shown to be due entirely to causes beyond the reasonable control of such party. In such event or cause, such party may extend the time of performance required to remedy such breach by a period of time equal to the time loss caused by the event.
11.2 This Agreement may only be amended, modified, or supplemented in writing, signed by an authorised officer of both parties, with the exception that REDI may alter the Standard Terms from time to time. Where REDI alters the Standard Terms the Customer will be notified upon log in in to the Service that the Standard Terms have changed, and the Customer will need to acknowledge and agree to the changes before being able to access the Service.
11.3 Unless otherwise expressly contemplated by this Agreement, notices required under this Agreement may be delivered by hand, overnight courier, or certified or registered mail to the respective parties at the addresses set out in this Agreement, or at such other address as one party may notify the other. Notices by hand are effective immediately, notices by courier are effective on the day following dispatch, and notices by certified or registered mail are effective 5 days after dispatch.
11.4 All references to the Customer under this Agreement include all individuals and entities controlling, controlled by, or under common control with the Customer.
11.5 The validity and performance of this Agreement is governed by laws of the Relevant Jurisdictions and any courts of appeal from those courts.
11.6 This Agreement constitutes the entire agreement and understanding between the parties with respect to the matters covered by it and supersede any prior or contemporaneous agreements, negotiations, representations and proposals, written or oral.
11.7 In the event that any of the provisions of this Agreement are determined to be unenforceable or illegal in any respect, such unenforceable provision(s) will be deemed to have been removed and the remainder of this Agreement will remain in effect and unchanged.
11.8 The waiver or failure of REDI to enforce any of the provisions of this Agreement is not to be construed as a waiver of the rights of REDI to subsequently enforce any provisions.
11.9 Where this Agreement contemplates that REDI may agree or consent to something (however described), REDI may:
(a) agree or consent, or not agree or consent, in its absolute discretion; and
(b) agree or consent subject to conditions, unless this Agreement expressly contemplates otherwise.
11.10 REDI may dispose of, declare a trust over or otherwise create an interest in its rights under this Agreement without the consent of the Customer, and may disclose to any potential holder of the right or interest any information relating to this Agreement.
11.11 Any indemnity in this Agreement is a continuing obligation, independent of the relevant party's other obligations under this Agreement and continues after this Agreement ends. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.
12 Data Rights of Others
The ratings and price ranges displayed on this website have been developed from statistically calculated information developed by REDI. The statistical information is developed from data collected from the general media, real estate agents, financial institutions and government agencies. REDI does not claim any rights to the Licensed Data (government agency data). For completeness as the reports that are available from this web site contain Licensed Data you agree to the following:

NSW

Information provided for NSW properties has been developed in part by using some property information provided under licence from Land and Property Information NSW. The property sales information is provided monthly and REDI updates its databases within 10 days of any monthly receipt of property data. 

Despite anything in this Agreement, the Customer must not use any Personal Information contained in any Information provided by the New South Wales Land and Property Information or the New South Wales Department of Lands for any purpose other than for appropriate and legal data verification purposes.

Governing law

These Standard Terms are to be governed by and interpreted in accordance with the laws of New South Wales
Accept Terms & Conditions of Use *
CAPTCHA
We need to make sure that you are human…
What code is in the image? *
Enter the characters shown in the image.
REDI

Contact
