Terms and Conditions and Privacy Policy

This Website is owned and operated by Select Residential Property Pty Ltd (ACN 130 236 743) trading as LocationScore.

In these Terms, “you” means you, the Customer or site visitor and “we” and “us” means LocationScore.

Website Services

LocationScore is an online site to provide subscribers high quality data and analysis to assist them in making property investment decisions, through an information service provided which harnesses state of the art technology, data capture and online user experience.

The report, calculators and tools on this website are provided for your information and to illustrate scenarios. The main objective is for educational purposes and LocationScore has taken all due care in its development. The owner and agents for the owner are unable to accept any liability or responsibility whatsoever for any error or omission or any loss or damage of any kind sustained by any person or entity arising from the use of this information. It is recommended that users always seek independent professional advice relevant to their specific circumstances before acting on the information in those reports, calculator and tools.

Access to and use of the Website and the products and services available through the Website are subject to the following Terms which may be updated by us from time to time.

  1. Your acceptance

    1. These are the terms on which Location Score permits users to access and use the LocationScore website (Website) including using the services and functionality made available through the Website, viewing Content provided by us and third parties, communicating with LocationScore and placing Requests.
    2. You agree to be bound by these Terms by:
      1. using, browsing or accessing any part of the Website;
      2. registering as a Customer on the Website; or
      3. submitting a Request.
    3. If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
    4. LocationScore may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms. You will not be separately notified of the changes.
    5. The Website is subject to change at any time without notice and may contain errors.
  2. Customer registration and passwords

    1. Users may browse or access the Website to review available products and services. Should you wish to submit a Request you will be required to register your details.
    2. We may use your registration information to contact you.
  3. Subscription terms

    1. Subscription to LocationScore is a recurring subscription for individual users and there is a weekly, monthly and quarterly subscription. Billing occurs every 7 days, 1 month or 3 months depending on the subscription the user is in until such time it is cancelled by the user. Refunds are not issued for any part of the subscription that has been paid except for the 24 hours product guarantee period.
    2. No further subscription payments will be deducted after 48 hours of the user requesting cancellation and users will still be able to access their accounts and optimise the full capabilities of LocationScore’s research tools until their subscription’s initial expiry date.
  4. Product and Service information and availability

    1. The listing of any particular product or service on our Website is for information and research purposes only. LocationScore does not warrant or make any representations in relation to any products or services and you will need to ensure any product or service you Request meets your specific requirements.
    2. We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any Supplier or third party in connection with that product or service.
    3. Whilst every effort is made to ensure the information provided on the Website is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any product or service information on this Website is not an endorsement of any organisation, product or service.
    4. LocationScore has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. LocationScore reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
  5. Service Fees/Commissions:

    1. We do not receive commissions or referral payments from any third party vendor. In the event a third party does pay a referral fee or commission to us, outside of what is stated above, these monies will be passed onto you in full.
  6. Links

    1. The Website may contain links to other web sites. LocationScore provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
    2. Other web sites which are linked to the Website are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. LocationScore is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. LocationScore is not responsible for and will not be liable in respect of any incorrect link to an external web site.
    3. You are not permitted to frame or link the Website without LocationScore’s express written permission.
  7. Access and communication

    1. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), LocationScore does not warrant that you will have continuous access to the Website. LocationScore will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
    2. LocationScore does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and LocationScore does not guarantee the security or confidentiality of these communications or the security of the Website.
    3. LocationScore does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
    4. Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. LocationScore does not warrant that:
      1. the goods or services available on this Website; or
      2. the Website and its Content,
      comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
    5. If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.
  8. Our commitment to protect your privacy

    We understand how important it is to protect your personal information. We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed by law. It is important to us that you are confident that any personal information you provide will be treated in a way that ensures your full and proper protection.

    Our commitment in respect of personal information is to abide by the Australian Privacy Principles for the protection of personal information, as set out in the Privacy Act and any other relevant laws.

    LocationScore may in its absolute discretion choose to provide the name and email address of subscribers to its affiliated companies. The provision of this information will be for marketing purposes only.

  9. Do We Disclose Your Personal Information?

    We may disclose your personal information:

    1. to prospective funders/lenders, lenders mortgage insurers and credit reporting bodies or other intermediaries in relation to your finance requirements (Note: this will only occur with your authorisation);
    2. to companies that provide software and infrastructure systems to us;
    3. to our affiliated companies, such as The Property Couch and Empower Wealth. (Note: The provision of this information will be for marketing purposes only);
    4. to anybody who represents you, such as finance brokers, lawyers, financial planners and accountants (Note: this will only occur with your authorisation);
    5. where we are required to do so by law, such as under the Anti-Money or Laundering and Counter Terrorism Financing Act 2006 (Cth) or in accordance with a subpoena or summons issued by a court.
  10. How Safe and Secure Is Your Personal Information That We Hold?

    We will take reasonable steps to protect your personal information by storing it in a secure environment. We may store your personal information in paper and electronic form. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.

    When we share data, it may be transferred to, and processed outside of Australia. Some data is stored within third party software suppliers, where external access is prevented; and cloud service providers whose servers are located outside of Australia.

    Personal data on servers operated by cloud service providers are protected by the appropriate safeguards, which are incorporated into our agreements with such cloud service providers. For further information, please contact us via enquiries@empowerwealth.com.au.

  11. Intellectual property rights

    1. All intellectual property rights, including copyright and patents, in the Website, LocationScore's services, and all components of them are owned or licensed by LocationScore or any of its related entities. You must not copy, modify or transmit any part of the Website.
    2. The Website contains trademarks, logos, service names and trade names of LocationScore or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
  12. Prohibited uses

    1. Except as otherwise permitted in submitting Requests using the Website, in using the Website you must not:
      1. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
      2. impersonate or falsely claim to represent a person or organisation;
      3. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
      4. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
      5. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
    2. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
    3. LocationScore provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including placing Requests through the Website) you assume all risk in this regard and you release LocationScore from all applicable liability and responsibility.
  13. Termination of your access to the Website

    LocationScore may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

  14. Disclaimer of warranties and limitation of liability

    1. To the full extent permitted by law, LocationScore excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services listed or accessible on the Website.
    2. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) LocationScore excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
    3. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) LocationScore excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed, accessible or made available on the Website.
  15. Indemnity

    You agree to fully indemnify LocationScore, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

    1. any breach of these Terms by you;
    2. your access or use of the Website;
    3. any Request which you choose to submit on the Website; or
  16. Jurisdiction and law

    These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

  17. Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

  18. Severability

    If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

  19. Entire Agreement

    The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LocationScore. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of LocationScore.

  20. Contacting us

    If you have questions about the Website, the Terms or Privacy Policy, please contact us

Last updated: 18 October 2018