In consideration of Toop&Toop registering you as a VIP member, you agree to be bound by the following terms and conditions which apply to all members. The completed registration page forms part of these terms and conditions.
1. Definitions
'property alert' means the service by which Toop&Toop provides email notification of properties for sale that meet the criteria specified by a member
'Toop&Toop' means Toop & Toop Pty Ltd of 21-25 The Parade, Norwood, SA 5067.
'ToopVault' means the Toop&Toop pre-release selection of properties and its services.
'member' means a person that has registered with our VIP service.
'registration page' means the VIP registration page for membership of the various services, such as ToopVault and Property Alerts, on the website.
'website' the website located at the URL www.toop.com.au.
'you' or 'your' means the individual who is a member and receives property alerts.
2. Membership
(a) Membership of property alerts is only open to individuals.
(b) Toop&Toop may refuse to process any registration that has not completed the mandatory fields where indicated on the registration page.
(c) Membership is offered at the discretion of Toop&Toop. Toop&Toop has the right to accept or reject any application for membership at its sole and absolute discretion.
(d) If you register: (i) on-line via the website, your registration will be successful if a confirmation message appears on your screen informing you that you have been registered; (ii) via mail, you will receive an email of confirmation from Toop&Toop; or (iii) in person by providing your details to an authorised representative of Toop&Toop, you will receive an email or letter of confirmation from Toop&Toop.
(e) Once you have successfully registered for VIP membership, you will be entitled to the benefits of membership, as advised by Toop&Toop from time to time.
(f) Toop&Toop does not warrant the accuracy of the information shown within email alerts or on the website. Members should note that information provided may have changed and not been updated for a range or reasons within and outside Toop&Toop's control.
(f) Property match price ranges are restricted to ensure that we have serious registered buyers only, and the service is not used for "catch-all" reasons. If you would like to see all the properties currently listed on our website, please click here.
3. Privacy and terms of use of the website
(a) The personal information which Toop&Toop collects from you is managed and used in accordance with Toop&Toop's privacy policy (a copy of which can be found on the website). In addition to sending you property notifications, Toop&Toop may also use your personal information to send you a range of real estate-related information, news and promotional marketing material (including by way of email or sms).
(b) At any time that you enter the website, you agree to be bound by the terms governing use of the website which are in force at that time. The terms of use are available to be viewed on the website.
4. Cancellation of membership
(a) Toop&Toop may cancel your membership of the VIP Service at any time in its sole and absolute discretion.
(b) you may cancel your membership of the VIP Service at any time by: (i) following the relevant unsubscribe instructions contained in any electronic communication which you receive from Toop&Toop; (ii) writing to Toop&Toop at 21-25 The Parade Norwood SA 5067 to the attention of 'VIP Registration officer' requesting cancellation of your membership; or (iii) emailing enquiry@toop.com.au requesting cancellation of your membership.
Toop&Toop may take up to 7 business days to process this request.
5. Amendment of the terms and conditions
(a) Toop&Toop may vary, revise, add, amend, modify, or delete any part of these terms and conditions at any time by publishing the variations on the website without prior notice.
(b) You accept that by doing this, Toop&Toop has provided you with sufficient notice of the variation. If you do not accept the changes, you should cancel your membership.
(c) Your continued registration as a member of the VIP service after the change constitutes acceptance by you of the amendments.
(d) Toop&Toop will make reasonable efforts to bring any changes to the attention of members, but it is your responsibility to check this page to familiarise yourself with any updates.
6. Indemnity
(a) To the full extent permitted by law, you indemnify and will keep indemnified Toop&Toop and its directors, officers, employees, agents, suppliers and corporate partners from and against all costs, losses, damages or expenses arising out of or connected in any way from your registration as a VIP member.
(b) To the full extent permitted by law, your sole remedy for any claim against Toop&Toop in connection with your membership of VIP services is to cancel your membership.
(c) To the full extent permitted by law, all warranties, conditions and representations about VIP Services or the products and services advertised, offered to be provided or provided to members, are excluded. If a term is implied by law into these terms and conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it shall be included in these terms and conditions. However, liability for a breach of such term will be limited, at Toop&Toop's sole option (where the breach is not a major failure), to the following: (i) in relation to goods:
A. the replacement of the goods or the supply of equivalent goods; B. the repair of such goods; C. the payment of the cost of replacing the goods or acquiring equivalent goods; or D. payment of the cost of having the goods repaired;
(ii) in relation to services: A. the supply of the services again; or B. the payment of the cost of having the services supplied again.
7. Technological Issues
(a) Toop&Toop is not responsible for any infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Toop&Toop, including that cause the delayed or non-delivery of emails to and from Toop&Toop. Toop&Toop reserves the right to disqualify any individual who tampers with the registration process and to cancel his or her membership of the property alerts.
(b) property alert notifications may, from time to time, contain links to the websites of other organisations which may be of interest to you. Linked websites are responsible for their own privacy practices and terms and conditions and you should check those websites for their respective privacy statements and terms and conditions. Toop&Toop is not responsible for the conduct of companies linked to property alert notifications.
8. Reliance on information
(a) property alert notifications will be prepared in good faith and with all reasonable care. The content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which Toop&Toop apologises. All information is provided on an 'as is' basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.
(b) members using the information in a property alert notification do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made by Toop&Toop. Toop&Toop strongly advises you to seek independent professional advice before acting on any information in a property alert notification.
(c) the information in property alert notifications is published for information only, without assuming a duty of care. Unless expressly stated otherwise, general information about Toop&Toop's products and services:
(i) does not constitute an offer or inducement to enter into a legally binding contract; and (ii) does not form part of the terms and conditions for products and services.
9. General
(a) These terms and conditions are governed by the laws of South Australia. Each party submits to the non exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these terms and conditions.
(b) No failure to exercise or delay in exercising any right, power or remedy by Toop&Toop under these terms and conditions operates as a waiver of that right, power or remedy by Toop&Toop.
(c) Any provision of these terms and conditions that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions or affect the validity or enforceability of that provision in any other jurisdiction.
(d) These terms and conditions constitute the entire agreement between Toop&Toop and you as to the subject matter.
If you have any queries regarding these terms and conditions, please email suzannah.toop@toop.com.au