Terms and Conditions

All users are encouraged to review the terms and conditions set forth before using the services offered by yChatter.com. Your continued use of this website will be construed as acceptance of these terms without any qualification or modification thereof. All clauses contained herein constitute the agreement between us and you. The reference to one gender shall include the other gender(s).

1. Definition of Terms

The term "User" refers to any person, whether an individual or a legal entity, accessing and using our website.
Platform refers to the user interface of our website as accessed from a computer or a mobile device.
The term "we", "us" or "our" and "yChatter" refers to Premium IT Solutions Pty Ltd and its affiliated websites.
The term "Property" refers to any building, apartment, apartment blocks, houses or any other dwellings that is displayed by the User as available for rent.
The term Owner shall refer to a User who uses our platform to offer property for rent to other Users. Owners may not necessarily be the legal owners of the property, but should have control over access to property or are duly constituted agents of the legal owners and may include, without limitation, real estate agents, leasers, tenants, landlords .
The term "Renter" shall refer to any User visiting our website to seek a suitable an offer of an accommodation made by owners through our website.
The "Property Information Material" refers to any information, photo, video and any other form of data that is provided by the Owner for display on our Websites including but not limited to information about amenities, property location, suitability, pricing or availability.
The term "applicable law" means the law at the time being in force in Queensland
The term "Services" refers to all services provided on the Websites.

2. Eligibility.

We have complete and unfettered discretion on who may access our services through our Platform. In general, only those persons who are capable of entering into binding legal relations under Australian laws may use our services. If you are under 18 (16 in some jurisdictions), you will only access our services through this site through the involvement of your parent or guardian. yChatter and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel listings in their sole discretion. We also reserve the right to sue parents of a minor whose actions on this site expose yChatter to losses or liability to any third party.

All users will be required to maintain a user account (including setting up a username and a password). As a registered user, you will be responsible for all transactions that are carried out under your account, and you shall be responsible for maintaining the confidentiality of your account information, including the password. You agree to notify us of any unauthorized use of your account. You agree to indemnify yChatter from any liability incurred through the use of your account

3. Limitation of business activity

yChatter and its affiliates are neither estate agents nor travel agents and do not purport to act as such. The websites simply provide a service for Owners as contemplated in this Agreement to market their properties to potential renters. yChatter does not take part in, and will thus not take responsibility for, booking arrangement or any property management issues.

4. Acceptable use

All users agree that they shall not use our platform for unlawful purposes or in a way that is prohibited by these Terms and Conditions or in a manner inconsistent with the applicable law. By continuing to use this website, the a user accepts to indemnify us in respect of any loss, damage, costs or claims connected with the breach of these conditions or any other legal obligation owed to third parties by the user remotely connected with his use of the websites.
Users shall only use the website in the manner consistent with our objectives. In particular, users may only use the site to make and respond to legitimate enquiries about the property listed.
Users agree to provide true, accurate, current and complete information about themselves (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Users advertising their property through our website agree to ensure that the information on their property is accurate and up-to-date.

5. Unacceptable use

Users agree not to use the website in the following manner;

To post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic, profane, harmful, abusive, harassing, tortious, vulgar, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
To use or access the site in any way that, in the our judgment, adversely affects the performance or function of our site, or any other computer systems or networks used by the Websites;
To upload or transmit to the sites or use any device, software or routine that contain viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of the sites, or appropriate the site or any system, or take any action that imposes an unreasonable load on our equipment and systems, or that infringes upon the rights of a third party;
To use the Websites to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
Harm minors in any way;
To impersonate any person or entity, including, but not limited to, a yChatter official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site;
To upload, post, email or otherwise transmit any information or material that you do not have a right to transmit under any law.
To upload, post, email or otherwise transmit any information and material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
To upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
stalk" or otherwise harass other users;
To collect or store personal data about other users without authorization.

6. Disclaimers

All users agree and accept that

The inclusion of any property on our site does not constitute an endorsement or recommendation from us, nor does it constitute a warranty that such property shall be fit for any particular purposes and we shall not be held liable should the rental premises turn out to be unsatisfactory or falls short of the Renter expectations or is unsuitable for any particular purposes.
Your use of the service is completely at your sole risk. The services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied.
yChatter makes no warranty that (i) the service will meet the user's requirements; (ii) the website will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by the user through the website will meet his expectations; (v) any errors in the software will be corrected; (vi) the website is free of viruses or anything else which may be harmful or destructive.
Any material downloaded or otherwise obtained through the use of the service is done at the user's own discretion and risk, and the user will be solely responsible for any damage to his computer system resulting from the download of any such material.
No advice or information, whether oral or written, obtained by the user from yChatter or through or from the website shall create any warranty or other obligation not expressly stated in the terms and conditions.

7. Intellectual property

All content on this website (including but not limited to the Website's design, text, graphics and all software and source codes connected with the Websites) are copyright protected. In accessing the Website, you agree that you shall access the Websites solely for your non-commercial use. None of the copyrighted material may be downloaded, copied, modified, reproduced (including, but not limited to, the use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website), uploaded, translated, transformed in to derivative works, posted, displayed, reverse engineered, republished, transmitted, stored, sold, licensed or distributed in any form whatsoever without the prior written approval of the yChatter. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only. It is also explicitly prohibited to use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the intellectual properties without an approval from us.

You agree and accept that, by uploading data onto our site, and unless we indicate otherwise, you grant yChatter a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You warrant and represent that you own or otherwise control all of the rights to the content submitted; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify yChatter or its affiliates for all claims resulting from content you supply.

8. Accuracy of submitted data

yChatter has not confirmed the accuracy and currency of property information submitted by individual users and as such it does not warrant that such information or data is accurate and current. The submitted data is provided and maintained directly by users and any such user who has uploaded data on our site takes sole responsibility for the accuracy and currency of it.

9. User comments

Registered users may submit feedback on the site to reflect their experiences with another user. Users are urged to exercise due care when submitting feedback to other user and to try as much as possible to ensure that the feedback is accurate and fair. yChatter reserves the right (but not the obligation) to remove or edit or reject such content.

yChatter cannot take responsibility for the reviews posted by any user and shall in no event be liable for injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to loss of business, opportunity, profits) arising out of, based on, or resulting from the use of our platform, even if we had been advised of the possibility of such damages.

10. Link to third party websites

Our website includes services of third parties (including but not limited to Google-served advertisements, the display of the listings on partner sites) and links to third party websites that are controlled and maintained by others. Any third party service and link to third party websites is not an endorsement of such services and websites and the User acknowledges and agrees that we are not responsible and cannot take any liability for the content or availability of any such services and websites.

11. Termination of property listings

We reserve the right to refuse and terminate without notice property listings for reasons including but not limited to the user breaching the Terms & Conditions, attempting to include unsuitable or incomplete material, misusing our system or systems including yChatter.co.uk and yChatter.com.au. We may also terminate our services to any user without notice if we receive a significant number of substantiated complaints relating to misrepresentation of a property or its surroundings. We will not be liable for any expense in doing so.

12. Limitation of Liability

yChatter assumes no responsibility and to the extent permitted by law, shall in no event be liable to the User for injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, loss of business, opportunity, data, profits) arising out of, based on, or resulting from this agreement or the use of our services, even if the we had been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, strict liability, tort, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If the User is dissatisfied with the services offered through the website, or that he does not agree with any part of this agreement, then such User's sole and exclusive remedy is to discontinue using our website and to notify us of his wishes terminate his Account.

13. Release

User hereby agrees to release, remise and forever discharge yChatter and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with his/her/its use of the Websites to the extent that such release is not prohibited by applicable law

14. Indemnity

User agrees to indemnify and hold yChatter and its holding company, directors and employees harmless from and against all liabilities, legal fees, damages, losses, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with the use of the website to the extent that such release is not prohibited by applicable law.

15. SEVERANCE

All provisions of these Terms of Sale are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Sale should be determined to be unenforceable because they have been held to be invalid, illegal, void or unlawful for any reason by any court of competent jurisdiction then such Term of Sale shall be considered pro-non scripto, and shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms of Sale shall survive and remain in full force and effect and continue to be binding and enforceable.

16. Applicable law

This Agreement shall be subject to and construed in accordance with the laws of the state of Queensland as well as applicable federal laws and expressly excludes any conflict of laws provision, whether express or implied. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. Any legal proceedings filed in connection to this agreement or its subject matter shall be filed in a court in Brisbane.

17. CHANGES TO THE WEBSITES

We may change, suspend or discontinue any aspect of our user interface on our website at any time, including the availability of any features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Websites for similar reasons.

18. CHANGES TO THE TERMS & CONDITIONS

We reserve the right to change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.

19. NON-WAIVER.

Our failure to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or the rights attaching to any of them.

20. STRUCTURE.

The structure, headings, numbering used in these terms and conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

21. THE COMPANY

yChatter is a trade name owned by Premium IT Solutions Pty Ltd ACN 127 124 725 and of 30 Olive St, Hendra, Queensland, Australia, 4011.