Dream LOT APP & WEBSITE
TERMS AND CONDITIONS
DREAM LOT PTY LTD (ACN 618 825 237)
This Dream LOT Website & App are located on the domain and application via their domain and includes all of the files located in that domain (“this Website & Application”).
Head Office: Ground, 50 Miller Street, North Sydney, NSW, 2060, Australia
Phone: 1800 568 000
By accessing this Website & Application, you agree to be bound by these Terms and Conditions (“Dream LOT App & Website Terms and Conditions”). These Terms and conditions constitute a binding agreement between you and the Company and govern your use of the Website & Application.
1.1. Privacy Statement
As part of these Dream LOT App & Website Terms and conditions, your use of this Application is also subject to our Private Statement (located at http://www.dreamlot.com/privacy-statement/), which is incorporated by reference into these Terms and conditions.
1.2. Privacy Statement
If you are under 18 years of age, you cannot use our services through this Application & Website. By using this Application & Website, you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
2.1 Prohibited Conduct
Your use of this Application & Website are subject to the rules set out in Schedule 1 below.
2.2 Violations of these Terms and Conditions
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this Application & Website or refuse to provide services to you if:
– the Company is unable to verify or authenticate any information that you provide to us; or
– the Company believes that your actions may cause damage and/or legal liability to the Company, any of its clients or business associates any other person; and
- remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms and Conditions.
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this Application & Website;
- your use of, or connection to, this Application & Website; or
- your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.
3.1 Order for Services
By placing an order through this Application & Website, you make an irrevocable offer to us to purchase the services that you have selected pursuant to these Terms and Conditions. Information contained in this Application & Website constitutes an invitation to treat only. No information in this Application & Website constitutes an offer by us to supply any services to you – however, the Company will endeavour to supply your selected services to you.
We will not commence processing any order made through this Application & Website unless and until:
- payment for the order for services has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Terms and Conditions, cancel all or part of your order; and
- at any time:
– terminate your access to this Application & Website; and/or
– remove or edit any content on this Application & Website.
3.2 Acceptance of Orders for Services
Acceptance of each order for services will take place if and when the Company either:
- provides the services to you, at the time at which the Company commences providing the services; or
- notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
The Company reserves the right to change the prices for services displayed in this Application & Website at any time before you place an order for services.
Unless otherwise expressly stated, all amounts payable through your use of this Application & Website are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999.
5. Payment Methods
Payment for orders placed through this Application & Website may be made by credit card processed online using the secure Third-Party Payment Gateway or using a Third- Party Payment Provider/Platform account.
5.1 Third Party Secure Payment Provider
The Company uses the third-party payment providers including PayPal, Poli Pay, Alipay, WeChat Pay, Strip, Square and BPAY via their secure online payment services. Payments made through such third-party payment gateways are subject to each of their own terms and conditions and privacy statements, links to which are provided from their checkout pages.
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to any third party payment providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
5.2 Credit and Debit Card Payments
Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company may charge additional transaction fees for paying by credit card.
5.3 Credit and Debit Card Payments
Except as expressly provided otherwise in these Terms and Conditions, all amounts paid through this Application & Website are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in Terms and Conditions below.
While third party payment gateway providers and our Application & Website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order for services may remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
6. Intellectual Property
In these Terms and Conditions, the term “Proprietary Content” means:
- this Application & Website;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Application & Website, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection with the services offered through this Application & Website (whether hosted on the same server as this Application or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this Application & Website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Company’s logo and the phrase “Dream LOT”, “LOT”, “Seeking Your Dream LOT” and “乐房投资” are trademarks of the Company. The look and feel of this Application & Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
6.3 User Content
In these Terms and Conditions, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Application & Website by any user, such as comments, forum posts, chat messages, reviews, ratings and feedback.
This Application & Website contain some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
6.4 Copyright claims
If you believe that our Application & Website contain any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Application & Website to a third party website or application that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS APPLICATION AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS APPLICATION & WEBSITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Application & Website are provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Application & Website or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this Application & Website will be secure, timely, uninterrupted or error- free or operate in combination with any other hardware, software, system or data;
- this Application & Website will meet your requirements or expectations;
- anything on this Application & Website, or on any third-party website referred or linked to in this Application & Website, is reliable, accurate, complete or up-to- date;
- the quality of any services and or other information purchased or obtained through this Application & Website will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this Application & Website or the servers that make it available are free of viruses
or other harmful components.
8. Limitation of Liability
8.1 Exclusion of Liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Application & Website by you or any other person.
8.2 Remedies Limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
- in the case of services:
– the payment of the cost of having the services supplied again.
You agree that your use of this Application & Website is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Application & Website by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
8.4 Force Majeure
To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, the Company excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Terms and Conditions, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;
- these Terms and Conditions may not be construed adversely against the Company solely because the Company prepared them;
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
The Company may provide any notification for the purposes of these Terms and Conditions by email.
Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without the Company’s prior written consent.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions at any time without notice to you.
9.5 No waiver
Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
The Company reserves the right to amend these Terms and Conditions and any other policy on this Application & Website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Application & Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Application & Website or the services offered through this Application & Website.
You may only vary or amend these Terms and Conditions by written agreement with the Company.
9.8 Governing law and jurisdiction
These Terms and Conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.
Schedule 1 of Dream LOT App & Website Terms and Conditions – Prohibited Conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Application & Website;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this Application & Website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this Application & Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Application & Website;
- use this Application & Website by any automated means;
- use this Application & Website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this Application & Website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this Application & Website;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Application & Website;
- reproduce, duplicate, copy or store any of the material appearing on this Application & Website other than for your own personal and non-commercial use;
- falsely imply that any other website/application/domain is associated with this Application & Website;
- do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this Application & Website:
- use or exploit any of the material appearing on this Application & Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Application & Website;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
- use this Application & Website to transmit any information or material that is, or may reasonably be considered to be:
– libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
– infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
– in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
– in breach of any person’s privacy or publicity rights;
– a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
– in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
– containing any political campaigning material, advertisements or solicitations; or
– likely to bring the Company or any of its staff into disrepute.