Go to Commercial Lease Register Terms and Conditions

Residential Tenancy Database and Profiling System

Terms & Conditions

General

This agreement applies to the DataKatch Residential Tenancy Database and Profiling System – a product of DataKatch International Pty Ltd ATF The KatchAll Trust and you, the subscriber.

“you” - The Subscriber

“DataKatch” - DataKatch International Pty Ltd ATF The KatchAll Trust.

Subscription to DataKatch Residential Tenancy Database and Profiling System is exclusively available to Real Estate Agencies, Residential Unit Complexes, Caravan Parks, Hotels, Motels, Boarding Houses and Storage Companies.

DataKatch complies with the Australian Privacy Principles and it is a condition of subscription that all subscribers abide by the Australian Privacy Principles. Any subscriber found not to be abiding by the Australian Privacy Principles may have their subscription suspended or cancelled, depending on the circumstances.

These Terms & Conditions have been developed to protect the integrity of DataKatch and its subscribers.

Online systems are monitored within an internal auditing system and are date-time stamped, together with IP address and account details. Any misuse of services and facilities may lead to civil action or criminal prosecution.

By subscribing to the Residential Tenancy Database and Profiling System you agree:

  1. To use the Residential Tenancy Database and Profiling System for the purpose of profiling individuals.
  2. To obtain prior consent from individual applicants before conducting a profiling search.
  3. That you will not hold DataKatch accountable for the inaccurate input of information by its subscribers – therefore resulting in the delivery of incorrect search results, as the subscriber acknowledges that faults are possible due to human error. It is also understood that technical failure can cause errors and the subscriber does not hold DataKatch responsible for same.
  4. To only display or use DataKatch documentation or branding (such as advertising your subscription to DataKatch) whilst you are an active subscriber.
  5. To make available to DataKatch any documentation to support the use of this service if requested.
  6. To make sure that all the information entered into the system is accurate, up to date, complete and not misleading.
  7. To regularly update information wherever possible to ensure records remain accurate, up to date, complete and not misleading.
  8. To notify the tenancy applicant if they are listed on the Residential Tenancy Database, and provide them with the contact details of the listing subscriber.
  9. To remove all listings, as necessary, from the Residential Tenancy Database, as per any Federal or State Legislative requirements.
  10. To keep all logins, passwords, or other identifiers, confidential and secure.
  11. Not to hold DataKatch liable to you, or to anyone else, for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage), however liability arises, or might arise, if it were not for this clause. This exclusion does not apply to anything the law prohibits as excluding liability.
  12. To indemnify DataKatch for any loss suffered, or liability incurred, due to any information provided that is not accurate, up to date or complete, or is otherwise misleading.
  13. Not to misuse the Residential Tenancy Database and Profiling System, including but not limited to providing passwords to non-subscribers, using another user's password to gain access, submitting false or misleading data, redistributing profiling information for purposes other than that intended, and attempts to violate security measures.
  14. To discontinue using any DataKatch documentation should your subscription lapse.
  15. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website and application is owned, controlled or licensed by or to us, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and competition laws. Except as expressly provided in these Terms of Use, no part of the website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, communicated to the public or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. All rights not expressly granted herein are fully reserved by advertisers, our licensors and us. Illegally trying to obtain subscription or starting to process illegal application for subscription will be subject to point eight and nine of DataKatch's Site Terms.
  16. To advise individuals, in writing, that you have published information against their profile. An advice must be sent to the individuals by either eMail or posted to their last known address.
  17. To supply DataKatch with any information that may be required in the event of an investigation. Such information will include but not be limited to copies of a Tenancy Agreement, Tenancy Application Forms and Privacy Statement.
  18. That your subscription will be suspended if you knowingly use or publish false or misleading information, or information that is not accurate complete and up to date, about an individual on any DataKatch database. Furthermore, no refund shall be applicable in such event.
  19. To co-operate with other subscribers.
  20. That you will notify DataKatch of the sale of a rent roll or business and advice of the purchasers details.
  21. That you will adhere to the Competition and Consumer Act 2010, and the Federal Privacy Act.
  22. The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or the responsibility of DataKatch. A display of advertising does not imply an endorsement or recommendation by DataKatch.
  23. That you will not publish any information on any individual on the Residential Tenancy Database who is an approved occupant.
  24. That subscription is on an individual office basis. Any company, organisation or partnership with multiple offices, and these offices offer or advertise property management services then each site office, must have their own separate subscription. Multi-site subscription is available.
  25. That DataKatch will cancel a subscription in the event that it is discovered that the subscriber does not fall into a defined category entered upon initial subscription. Refund of subscription maybe applicable as per the DataKatch Refund Policy.
  26. That subscribers agrees that the operations of DataKatch and its services will remain confidential and that all material whether written or oral, tangible or intangible, shall be treated as confidential and will not, without prior written consent by DataKatch, be disclose to any third party. DataKatch reserves the right to take further action if this condition is breached.
  27. This agreement is governed by the laws of New South Wales and both parties submit to the non-exclusive jurisdiction of the courts of that state.
  28. Whilst these Terms & Conditions have been developed for subscribers, DataKatch reserves the right to change these Terms & Conditions at any time it deems necessary, or as required by law. In the event that the Terms & Conditions may alter, DataKatch will take reasonable steps to advice its subscribers of any changes. Subscribers and potential subscribers are also legally bound by DataKatch's Site terms.
  29. DataKatch reserves the right to refuse subscription to any of its services without needing to supply a reason.
  30. DataKatch takes no responsibility for how the subscriber uses the Private eMailing System. Subscribers indemnify DataKatch for any misuse, messages, eMails or text being sent via the system.
  31. With the internet evolving so rapidly, the DataKatch services are designed for use with Internet Explore 11 or higher. The services will also work with Google Chrome. DataKatch takes no responsibility for subscribers use of other browsers not currently recommended.
  32. The subscriber agrees that any information stored within the Residential Tenancy Database and Profiling System may be shared with third party companies or entities relating to business dealing with DataKatch.
  33. The Residential Tenancy Database and Profiling System is a stand alone service and may be integrated with other products and services in relation to functionality and information sharing. All DataKatch products, services and systems are interrelated with respect to its development and operations. Services released to the marketplace may be distributed by related or non related companies of DataKatch and as such all DataKatch terms and conditions, policies and rights are imposed on the subscribers of service and is independent of any distributor's policies or terms and conditions.

Enhancement Pack Refund Policy

You can request a refund within two business days of purchasing an Enhancement Pack on the following conditions:-

  1. You must not have accessed or used the DataKatch service from date of payment.
  2. Your request must be in writing.
  3. DataKatch will contact you via phone or email to confirm either acceptance or denial of your refund request.
  4. Acceptance to issue a refund will be processed within 7 to 14 days from approval.

    This refund policy does not exclude a person’s right under Australian Consumer Law.

Data Migration Scheme

Data Migration Scheme Terms & Conditions are only applicable to subscribers who have agreed to participate in the scheme.

  1. The subscriber agrees to contract DataKatch to perform the data migration.
  2. Data migration will include but is not limited to other service providers and internal systems.
  3. DataKatch cannot guarantee the successful migration of data.
  4. The subscriber will not hold DataKatch liable for any loss of data during or after the migration process.
  5. Any promotions being offered in conjunction to the Data Migration Scheme will become effective upon completion of the data migration process. Irrespective of whether or not the data migration process is successful or unsuccessful, DataKatch will honour the promotion offered.


Go to Residential Tenancy Database and Profiling System Terms and Conditions

Commercial Lease Register

Terms & Conditions

General

This agreement applies to the DataKatch Commercial Lease Register – a product of DataKatch International Pty Ltd ATF The KatchAll Trust and you, the subscriber.

“you” - The Subscriber

“DataKatch” - DataKatch International Pty Ltd ATF The KatchAll Trust.

Subscription to DataKatch Commercial Lease Register is exclusively available to Real Estate Agencies.

DataKatch complies with the Australian Privacy Principles and it is a condition of subscription that all subscribers abide by the Australian Privacy Principles. Any subscriber found not to be abiding by the Australian Privacy Principles may have their subscription suspended or cancelled, depending on the circumstances.

These Terms & Conditions have been developed to protect the integrity of DataKatch and its subscribers.

Online systems are monitored within an internal auditing system and are date-time stamped, together with IP address and account details. Any misuse of services and facilities may lead to civil action or criminal prosecution.

By subscribing to the Commercial Lease Register you agree:

  1. To use the Commercial Lease Register for the purpose of recording and searching registered leases.
  2. That you will not hold DataKatch accountable for the inaccurate input of information by its subscribers – therefore resulting in the delivery of incorrect search results, as the subscriber acknowledges that faults are possible due to human error. It is also understood that technical failure can cause errors and the subscriber does not hold DataKatch responsible for same.
  3. To only display or use DataKatch documentation or branding (such as advertising your subscription to DataKatch) whilst you are an active subscriber.
  4. To make available to DataKatch any documentation to support the use of this service if requested.
  5. To make sure that all the information entered into the system is accurate, up to date, complete and not misleading.
  6. To regularly update information wherever possible to ensure records remain accurate, up to date, complete and not misleading.
  7. To keep all logins, passwords, or other identifiers, confidential and secure.
  8. Not to hold DataKatch liable to you, or to anyone else, for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage), however liability arises, or might arise, if it were not for this clause. This exclusion does not apply to anything the law prohibits as excluding liability.
  9. To indemnify DataKatch for any loss suffered, or liability incurred, due to any information provided that is not accurate, up to date or complete, or is otherwise misleading.
  10. Not to misuse the Commercial Lease Register, including but not limited to providing passwords to non-subscribers, using another user's password to gain access, submitting false or misleading data, redistributing information for purposes other than that intended, and attempts to violate security measures.
  11. To discontinue using any DataKatch documentation should your subscription lapse.
  12. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website and application is owned, controlled or licensed by or to us, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and competition laws. Except as expressly provided in these Terms of Use, no part of the website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, communicated to the public or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. All rights not expressly granted herein are fully reserved by advertisers, our licensors and us. Illegally trying to obtain subscription or starting to process illegal application for subscription will be subject to point eight and nine of DataKatch's Site Terms.
  13. To supply DataKatch with any information that may be required in the event of an investigation.
  14. That your subscription will be suspended if you knowingly use or publish false or misleading information, or information that is not accurate complete and up to date. Furthermore, no refund shall be applicable in such event.
  15. To co-operate with other subscribers.
  16. That you will adhere to the Competition and Consumer Act 2010, and the Federal Privacy Act.
  17. The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or the responsibility of DataKatch. A display of advertising does not imply an endorsement or recommendation by DataKatch.
  18. That subscription is on an individual office basis. Any company, organisation or partnership with multiple offices, and these offices offer or advertise property management services then each site office, must have their own separate subscription. Multi-site subscription is available.
  19. That DataKatch will cancel a subscription in the event that it is discovered that the subscriber does not fall into a defined category entered upon initial subscription. Refund of subscription maybe applicable as per the DataKatch Refund Policy.
  20. That subscribers agrees that the operations of DataKatch and its services will remain confidential and that all material whether written or oral, tangible or intangible, shall be treated as confidential and will not, without prior written consent by DataKatch, be disclose to any third party. DataKatch reserves the right to take further action if this condition is breached.
  21. This agreement is governed by the laws of New South Wales and both parties submit to the non-exclusive jurisdiction of the courts of that state.
  22. Whilst these Terms & Conditions have been developed for subscribers, DataKatch reserves the right to change these Terms & Conditions at any time it deems necessary, or as required by law. In the event that the Terms & Conditions may alter, DataKatch will take reasonable steps to advice its subscribers of any changes. Subscribers and potential subscribers are also legally bound by DataKatch's Site terms.
  23. DataKatch reserves the right to refuse subscription to any of its services without needing to supply a reason.
  24. By subscribing to the Commercial Lease Register you automatically obtain access to DataKatch's Tenancy Database and Profiling System and agree to adhere to the terms and conditions of that system should you utilise the system.
  25. With the internet evolving so rapidly, the DataKatch services are designed for use with Internet Explore 11 or higher. The services will also work with Google Chrome. DataKatch takes no responsibility for subscribers use of other browsers not currently recommended.
  26. The subscriber agrees that any information stored within the Residential Tenancy Database and Profiling System may be shared with third party companies or entities relating to business dealing with DataKatch.
  27. The Commercial Lease Register is a stand alone service and may be integrated with other products and services in relation to functionality and information sharing. All DataKatch products, services and systems are interrelated with respect to its development and operations. Services released to the marketplace may be distributed by related or non related companies of DataKatch and as such all DataKatch terms and conditions, policies and rights are imposed on the subscribers of service and is independent of any distributor's policies or terms and conditions.

Enhancement Pack Refund Policy

You can request a refund within two business days of paying for a subscription on the following conditions:-

  1. You must not have accessed or used the DataKatch service from date of payment.
  2. Your request must be in writing.
  3. DataKatch will contact you via phone or email to confirm either acceptance or denial of your refund request.
  4. Acceptance to issue a refund will be processed within 7 to 14 days from approval.

    This refund policy does not exclude a person’s right under Australian Consumer Law.