(These Terms and Conditions in Part A and Part C of these General User Terms and Conditions apply to all users of this Site. Part B of these terms and conditions only apply to Professional Subscribers and Advertisers.)
PART A TERMS APPLICABLE TO ALL USERS OF THE SITE
1. Terms and Conditions
(a) We exercise no editorial control over much of the Content on the Site and in many cases other persons provide the Content on the Site or operate parts of the Site or other internet sites you may view or access through the Site.
(b) We may revise these terms and conditions from time to time by updating this posting on this Site. The revised terms will take effect when they are Posted.
2. Information
(a) You may be required to register with us in order to access certain parts of the Site. Where you are required to register:
(i) you must provide us with accurate, complete and updated registration information;
(ii) you must safeguard any user name and password which is used by you; and
(iii) you authorise us to assume that any person using the Site with your user name and password is either you or is authorised to act for you.
3. Services
(a) You acknowledge that we may, in our sole discretion and with or without notice,
(i) vary the Site or any part of the Site for which you are required to register; and
(ii) modify or discontinue this Site, or any part of the Site and the services available on it without notice.
4. Fees
(a) We reserve the right at any time to:
(i) charge fees; and
(ii) to vary or amend the terms and conditions which cover such fees,
for access to or use of all or some parts of the Site.
(b) You should review these terms and conditions regularly to ensure your awareness of any changes.
5. Site Content
(a) You acknowledge that Content on the Site is subject to copyright and possibly other Intellectual Property Rights.
(b) Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
(i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
(ii) use any Content on any other web site or in a networked computer environment for any purpose; or
(iii) reverse engineer any Content consisting of downloadable software; or
(iv) otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
(c) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) By loading directly or via an upload service any material to lease.com.au you grant us a non-exclusive, perpetual, worldwide, royalty-free, licence to use, modify and republish the content for any purpose;
6. Your Use of the Site
(a) You will not use or allow others to use the Service:
(i) to post any Content that is misleading or deceptive;
(ii) to post any Content that is defamatory, abusive, menacing, threatening, harassing or that incites hatred or discrimination against any group of persons by reference to colour, race, sex, origin, nationality or ethnic group or national origins or that denounces religious or political beliefs or that include religious or political material which is or is likely to be offensive or that is illegal under any Applicable Law at any place where transmissions are sent from, viewed or received;
(iii) to post any Content that infringes any copyright, trade mark, patent or other Intellectual Property Right of any person;
(iv) to transmit any unsolicited mail, advertising material or any other material of an offensive, obscene, vulgar, pornographic or indecent nature or otherwise contrary to law or an applicable code of conduct;
(v) to post any Content or transmit anything which contains any viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware;
(vi) to copy or distribute material where you have no right to do so (for example, someone else’ s copyrighted works or confidential information);
(vii) to post any Content that contains any unsolicited or unauthorised advertising or promotional material;
(viii) to post any Content that impersonates any person or misrepresent your relationship with any person
(ix) to collect or store personal data about other users of the Site;
(x) to commit a crime or in the course of committing a crime or for an unlawful purpose; and
(xi) to engage in any activities in such a manner as to expose us or any other supplier of content on the Site to liability.
(b) You must not:
(i) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site:
(ii) violate any Applicable Law relating to your use of the Site; or
(iii) collect or store personal data about other users of the Site.
(c) You warrant to us that you have the authority to place all content on the Site that is placed by you on the Site.
7. Indemnity
You will indemnify us against all costs, losses, damages, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by us as a result of your use of the Site or, your breach of these Terms and Conditions.
8. Devices
You agree that you will not use any device to interfere or attempt to interfere with the proper working of the Site or transactions being conducted on the Site. You agree that you will not take or impose unreasonably or disproportionably large load on our Site infrastructure.
9. Unlawful Use
As a condition of your use of this Site, you will comply with all Applicable Laws, statues, ordinates regarding your use of this Site and related activities. In addition, you will not use this Site in any way prohibited by these Terms and Conditions.
10. Other User Content
(a) This Site may contain Content placed on the Site by User’s (“User Content”).
(b) We do not monitor or exercise editorial control over the User Content however we reserve the right:
(i) to access or examine any User Content; and
(ii) at our discretion move, remove or disable access to the User Content which we consider, in our sole opinion to breach any Applicable Law or to be otherwise unacceptable.
11. Third Party Providers
(a) You acknowledge that:
(i) parts of the Site; and
(ii) parts of the Content,
are provided or maintained by Third Party Providers and not by us.
(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
(c) You acknowledge and agree that we do not participate in any transaction between you and any third party including any lease transactions, negotiations, discussions or proposals. We do not guarantee accuracy of any information available on this Site and are not responsible for any errors, omissions or misrepresentations.
12. Links and Advertisements
(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off–site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
(b) Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
(c) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers.
(d) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
(e) You acknowledge that we will promote, distribute and advertise this Site to a wide variety of users in the public domain including directly related and unrelated business networks, corporates and other groups and that such advertising, distribution or publicity shall include any information provided by you on this Site, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such promotion.
13. Personal Data and Cookies
(a) By using this Site you grant us the consent to use your personal data in accordance with our Privacy Policy. Please review our Privacy Policy.
(b) During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
14. The Use of the Site Is At Your Risk
(a) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where information relating to companies, investments or securities is provided on or via the Site, such information is provided for information purposes only. You should seek your own independent advice with respect to any Content.
(b) We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
(c) Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. We urge you to keep backup copies of Content you Post to, maintain on or use with the Site.
(d) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(e) We endeavour to maintain the Site for 24 hour access, but will not be responsible for any loss of any kind if the Site is not.
(f) Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non–infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
15. Limitation of Liability
(a) You hereby agree that we are not liable for any direct, indirect consequential or other damage or loss arising out of or in any way in relation to your use of this site or the Content or with the delay or inability to use this Site or any information or services obtained through this Site or otherwise arising out of or related to this Site.
(b) To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the Content is limited to the resupply by us to you of the particular service you sought from us or such other similar service as we may choose.
(c) To the extent permitted by law no party involved in creating, producing, or delivering the Site or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(d) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a), (b), or ©, but allows a limitation of a certain maximum extent then our liability is limited to that extent.
16. Cancellation
(a) Where you are required to register with us, you may cancel such registration at any time by notifying us.
(b) We may cancel your registration if you do not visit the Site for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
(c) When your registration is cancelled, you may no longer have access to Content you have Posted to, or which you keep on or via, the Site, and we may delete such material.
(d) The provisions of these terms and conditions entitled “Use of the Site is at Your Risk”, “Limitation of Liability,” and “General Provisions” will survive cancellation of your registration or termination of this agreement.
17. Notices
(a) We will give you any necessary notices by posting them on the Site. You agree:
(i) to check the Site for notices; and
(ii) that you will be considered to have received a notice when it is made available to you by posting on the Site.
PART B – lease.com.au AND ADVERTISERS TERMS AND CONDITIONS
(This Part B applies only to Professional Subscribers and Advertisers who enter into an agreement for Services with us.)
1. Services
(a) We provide a medium through which information about the Properties is placed before Users so that the Users may communicate directly with you.
(b) We make no representations as to the individual character of the User or the ability of the User to pay You.
(c) You hereby agree that we and our affiliates and its suppliers will not be liable for any direct, indirect consequential or other damages or losses arising out of or in any way related to your use of this Site or with any delay or inability to use this Site or for any information services obtained through this Site.
(d) You must comply with any reasonable instructions given by us, and provide all information and assistance reasonably required by us.
(e) Whilst we will undertake to provide the Service using reasonable skill and care, it is technically impractical to guarantee that the Service will be continuous or fault free. We will use reasonable endeavours to maintain the general accessibility of the Services. The Services may become temporarily unavailable from time to time for use due to technical failures, network congestion, periodic maintenance, disrupted telecommunications services or other causes.
(f) You acknowledge that we may, in our sole discretion and with or without notice, vary or modify the Site or any part of the Site.
(g) You acknowledge that we may change or vary these terms and conditions. You should review these terms and conditions regularly to ensure your awareness of any changes.
(h) Although we will endeavour to give you as much notice as reasonably practicable, we may, without liability, suspend the Service immediately (including without notice):
(i) if we are required to comply with an order, instruction or request of a government agency, emergency services organisation or other competent authority;
(ii) if we are required to undertake emergency repair, maintenance or service of any part of the Site;
(iii) if it is reasonably required to reduce or prevent fraud or interference within the Site network;
(iv) in order to enable us to comply with any law; or
(v) as an alternative to the exercise of our rights of termination under this Agreement.
(i) You agree to only place Content on the Site which:
(i) if you are a Professional Subscriber, relates only to the rental or leasing of Properties which are available for leasing or rental and that are managed by you and relate to your local area of operation; and
(ii) if you are not a Professional Subscriber, but an Advertiser, only place Content on the site in respect of a leasing or licensing of a Property which you have authority to list on the Site;
(j) You agree not to place any Content on the Site which relates to the sale of Properties.
(k) You agree to remove from the Site any Content that relates to Properties that are no longer available for leasing or licensing within 72 hours of those Properties no longer being available for lease or licence. You agree that we may remove such Content (without being obliged to do so), if you fail to do so.
(l) You agree to use the Site acting reasonable and not to place excessive Content on the Site or any Content that relates to Properties that are not in your local area of operation. You acknowledge that we reserve the right to review our fees for the Services in circumstances where you place excessive Content on the Site or where you place Content on the Site that does not relate to your area of operation.
(m) The Service offered to Professional Subscribers contemplates the regular and frequent listing of Properties for lease. We consider the reasonable use policy referred to in paragraph (l) above in respect of an Application will usually permit the listing of Properties from real estate agents from one office in relation to their locality and area of expertise. In the event the Professional Subscriber wishes to manage the listings of more than one office, a separate subscription or application will be required for each new office location or employee location.
(n) You agree you are responsible for placing and managing all Content on the Site that relates to the provision of your Services and that you are responsible for ensuring that your Content is accurate and up to date and not in any way misleading for the Users or suffers from any material omission.
° We do not monitor or exercise editorial control over your Content however we reserve the right:
(i) to access or examine any Content posted by you; and
(ii) at our discretion to amend, move, remove or disable access to your Content which we consider, in our reasonable opinion to breach any Applicable Law or to be contrary to this Agreement or otherwise unacceptable.
(p) In relation to any Content posted by you, you grant us a perpetual, irrevocable, royalty–free licence throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute, perform and display such Content, whether in whole or in part.
(q) You acknowledge that we are not involved in any transaction that may be entered into between a User and you unless you request us to be involved in the transaction and we expressly agree to this.
2. Termination
(a) We may immediately and without liability terminate the supply of the Service or part of the Service to you effective from the date of service of a notice to you (or with effect from such later date as we may specify in such notice) if:
(i) you default in the payment of any Subscription Fee or other fee payable by you by the due date and fail to remedy such default within 7 days of written notice from us;
(ii) you default in the performance or observance of any other obligation under these terms and conditions and, in the case of a breach capable of remedy, you fail to correct that breach within 14 days of written notice from us;
(iii) we reasonably suspect fraud or misuse of the Service on your part; or
(iv) it is necessary for us to do so to comply with any law or an order, instruction or request of a government body or agency.
(b) No refunds shall be payable by lease.com.au to you in respect of any unused part of any term of this Agreement or any unused Service under any circumstances.
3. Credit Information
(a) You authorise us to obtain and use your Personal Information for the purposes of assessing and processing your Application for the Service, establishing your account and the ongoing credit management of your account. You further authorise us to use and disclose your Personal Information to a credit reporting agency, including the following information:
(i) personal identifying details, including your name, current and previous addresses, date of birth;
(ii) details of your Application for the Service and/or other services supplied to you;
(iii) the amount of any payments which are overdue for at least 60 days;
(iv) where an overdue payment has been previously reported, advice that the payment is no longer overdue;
(v) cheques or credit card payments which have been dishonoured;
(vi) court judgments or bankruptcy orders made against you;
(vii) that, in our opinion, you have committed a serious credit infringement; and
(viii) that we have ceased to provide the Service to you.
(b) You authorise us to seek from, or give to:
(i) credit providers;
(ii) credit reporting agencies; or
(iii) any other person or body carrying on the business or undertaking involving the provision of information about commercial credit–worthiness, information about your commercial activities, your creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988 or for purposes permitted under that Act.
(c) We may:
(i) refuse an Application for;
(ii) monitor the usage of;
(iii) restrict your access to;
(iv) suspend; or
(v) cancel
the Service on the basis of our credit assessment of you, after consultation with you to confirm the accuracy of the assessment.
4. Customer Use & Indemnity
(a) You will not use or allow others to use the Service:
(i) to post any Content that is misleading or deceptive;
(ii) to post any Content that is defamatory, abusive, menacing, threatening, harassing or that incites hatred or discrimination against any group of persons by reference to colour, race, sex, origin, nationality or ethnic group or national origins or that denounces religious or political beliefs or that include religious or political material which is or is likely to be offensive or that is illegal under any Applicable Law at any place where transmissions are sent from, viewed or received;
(iii) to post any Content that infringes any copyright, trade mark, patent or other Intellectual Property Right of any person;
(iv) to transmit any unsolicited mail, advertising material or any other material of an offensive, obscene, vulgar, pornographic or indecent nature or otherwise contrary to law or an applicable code of conduct;
(v) to post any Content or transmit anything which contains any viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware;
(vi) to copy or distribute material where you have no right to do so (for example, someone else’ s copyrighted works or confidential information);
(vii) to post any Content that contains any unsolicited or unauthorised advertising or promotional material;
(viii) to post any Content that impersonates any person or misrepresent your relationship with any person
(viii) to collect or store personal data about other users of the Site;
(ix) to commit a crime or in the course of committing a crime or for an unlawful purpose; and
(x) to engage in any activities in such a manner as to expose us or any other supplier of content on the Site to liability.
(b) You must not, and must use reasonable endeavours to ensure that other persons do not interfere with, or attempt to interfere with, the Site or the operation of the Service;
(c) You acknowledge and agree that you are responsible for the security of any user identification or passwords created for the secure transmission of your information, and agree to take all appropriate measures to prevent others having unauthorised access to your user–identification or passwords. We will not be liable for any loss or damage suffered by you due to the unauthorised use of your user–identification or passwords.
(d) You will indemnify us against all costs, losses, damages, actions, proceedings, claims, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by us as a result of:
(i) any loss, reasonable costs, charges, damages or expenses of any nature which may be incurred or suffered by us or the Users (including reasonable legal costs, fees and expenses) by reason of your use of the Service or in respect of any breach by you of any of the terms and conditions of this Agreement;
(ii) any claims or demands made upon us by reason of any loss, injury or damage which may be suffered by any person caused or contributed by your breach of the terms of this Agreement and for your negligence;
(iii) any misrepresentations, acts or omissions by you (or those of any person for whom you are responsible) or contained in the Content;
(iv) a claim by a User arising out of or in connection with the supply or cessation of supply of your Content or contacting you in relation to your Content or otherwise;
(v) the reproduction, broadcast, use, transmission, communication of any material using the Service.
5. Disclaimers and Liability
(a) You acknowledge and agree that:
(i) you are responsible for providing for any security or privacy that you require for your computer networks and any data stored on those networks or accessed through the Services;
(ii) to the extent permitted by law, neither we nor any other supplier give any warranties, express or implied, in respect of the Services or have any other liability to you or your users in respect of the Services; and
(iii) we will not be responsible for any damage that you may suffer arising from using:
A. the Services (including loss of data, delays, non–deliveries, or mis–deliveries); or
B. any content accessed through the Services (including inaccurate, incomplete or out of date information).
6. Liability
(a) Except as expressly provided to the contrary in this Agreement and to the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Service supplied under this Agreement or our obligations under this Agreement are excluded.
(b) Where any Act of Parliament implies in this Agreement any term, and that Act of Parliament voids or prohibits provisions under a contract which exclude or modify the operation of such term, the term is deemed to be included in this Agreement.
(c) To the extent permitted by law, we exclude all liability to you in connection with this Agreement for direct, incidental, consequential or indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue and economic loss of any kind, whether in contract, negligence or any other tort under any statute or otherwise.
(d) To the extent permitted by law, our aggregate liability to you in connection with this Agreement in respect of all claims, whether in contract, negligence or any other tort, under any statute or otherwise, will not exceed the amount paid to us by you during the last 12 month period of the term of this Agreement.
(e) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraphs (2), (3), or (4) above, but allows a limitation of a certain maximum extent then our liability is limited to that extent.
7. Force Majeure
(a) We are not liable for any failure to perform, or for any delay in performing any of our obligations under this Agreement where the failure or delay is occasioned by:
(i) strike or other industrial action;
(ii) any act or omission by you or any third party;
(iii) legislative or governmental prohibitions, restrictions, or delays in the granting of approvals, consents, permits, licences or authorities;
(iv) fire, flood, war or cable cut;
(v) any act of God or nature;
(vi) any other event beyond our reasonable control.
8. Assignment
(a) You shall not assign, dispose of or otherwise deal with your rights or obligations under this Agreement without the prior written consent of us, and if such consent is given, it shall not change any liability which you may have incurred arising from this Agreement.
(b) We shall be entitled to nominate, assign or subcontract our interest and obligations under this Agreement to any third party reasonably able to provide the Service upon written notice to you. We shall have no further obligations to you in respect of any matter relating to any period after such novation or assignment.
9. Complaint and Fault Reporting
(a) Any question or complaints in relation to the Services should be addressed to our help desk on “[email protected]”.
(b) Our help desk will endeavour to respond to you in a timely manner.
PART C – MISCELLANEOUS
(The following provisions apply to both Part A and Part B of this document.)
1. GST
Unless stated to be otherwise, fees and charges referred to for use of any services provided by lease.com.au are GST inclusive. Where applicable a Tax invoice will be sent to you for an applicable transaction. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.
2. Intellectual Property Rights
(a) The trademarks and service marks of “lease.com.au” are our property. You may not otherwise use these trademarks without the prior written consent of us.
(b) Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to reverse engineer the Site software; or otherwise infringe the intellectual property rights of any person in using the Site or any Content.
(c) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
3. Notices
(a) We will give you any necessary notices by posting them on the Site. You agree:
(i) to check the Site for notices; and
(ii) that you will be considered to have received a notice when it is made available to you by posting on the Site.
4. General
(a) This terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties submit to the jurisdiction of the Courts of Western Australian and any court hearing appeals from those Courts.
(b) If a provision of these terms and conditions is void or voidable or unenforceable or the invalid part severed, the remainder of this Agreement will not be affected.
5. Definitions & Interpretation
(a) In this Agreement, unless the context otherwise requires:
(i) Advertiser means any Professional Subscriber or other person advertising any Content on the Site in respect of which we are paid a fee, or are on a basic free listing plan;
(ii) Application means your application to us for the provision of the Services;
(iii) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
A. any law, rule or regulation of any country (or political sub–division of a country);
B. any obligation under any licence in any country (or political sub–division of a country); and
C. any lawful and binding determination, decision or direction of a regulator in any country (or political sub–division of a country).
(iv) Business Day means any day other than a Saturday, Sunday or public holiday in Western Australia.
(v) Confidential Information means all information and all other knowledge relating to us, our products or Services which comes into your possession from any source, or information which is treated by us as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information that is in the public domain.
(vi) Content means the information, photographs or other materials placed on the Site and includes things that a User may see, read, hear, download or access via the Site (including, but not limited to, messages, files, data, software, images, photographs, illustrations, text and other materials);
(vii) Credit information, which is the Personal Information described in clause 7, is a specific type of Personal Information.
(viii) Force Majeure Event means any event specified in clause 11.
(ix) GST and GST Law have the same meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time.
(x) Intellectual Property Rights means any of our or other party’s copyrights, trademarks, patents or other intellectual property rights, whether at common law or by statue.
(xi) Personal Information means information or opinion about you from which your identity is apparent or can reasonably be ascertained.
(xii) Posting means the uploading and display of new content onto the website
(xiii) Professional Subscriber means any agent who advertises multiple Properties on a free listing plan, subscription or fee for service basis, and who submits an Application to us;
(xiv) Properties means all types of commercial properties including but not limited to retail, office space, warehouses, land, industrial, showrooms, and serviced offices available for rent or lease;
(xv) Service means the service of permitting access to you to place your Content of your rental listings on the Site;
(xvi) Site means www.lease.com.au or such other Site nominated by us from time to time.
(xvii) Subscription Fee means the fee payable for the Services by you under this Agreement;
(xviii) Tax means any tax (including GST), withholding tax, charge, rate, duty impost or other levy imposed by any authority (other than income or capital gains tax).
(xix) Third Party Provider means any other party other than us or you that places Content on the Site;
(xx) we, us, our, means “lease.com.au” which is wholly owned and operated by Lease.com.au Pty Ltd ACN 626 528 069
(xxi) User means any person or entity who uses the Site.
(xxii) you, your, yourself, Agent means the person or entity nominated as the customer or agent in the Application for the Services and that party’s successors and permitted assigns.