Terms of Service
Last Updated: 6/10/2025
1. Acceptance of Terms
By accessing or using the Newcastle Nest platform ("Service"), operated by [Your Company Name/Bipin Pokharel] ("we", "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.
2. Description of Service
Newcastle Nest is a platform designed to connect renters, landlords, and tradespeople in the Newcastle area for property rental and management purposes. Features include property listings, affordability tools, communication systems, and landlord/tradesperson toolkits.
3. User Accounts
To access certain features of the Service, you may be required to create an account. You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
4. User Conduct and Responsibilities
You agree not to use the Service to:
- Post false, misleading, or inaccurate information.
- Violate any applicable NSW or Australian laws or regulations.
- Infringe upon the rights of others, including intellectual property rights.
- Transmit any viruses, worms, or malicious code.
- Engage in any activity that disrupts or interferes with the Service.
Landlords are responsible for ensuring their listings are accurate and comply with NSW tenancy laws. Tenants are responsible for providing truthful information in their applications. Tradespeople are responsible for the quality and legality of their services.
5. Content and Listings
Users who post content (e.g., property listings, reviews) grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with the Service. We reserve the right, but not the obligation, to remove content that violates these Terms or is otherwise objectionable.
6. Fees and Payments (If Applicable)
Certain services on the platform may be subject to fees. Any applicable fees will be clearly disclosed to you before you incur them. [Further details about payment terms, refunds etc. would go here if you have paid services].
7. Disclaimers and Limitation of Liability
The Service is provided "as is" and "as available" without any warranties, express or implied. We do not warrant that the service will be uninterrupted, error-free, or secure.
To the fullest extent permitted by NSW law, Newcastle Nest (including Bipin Pokharel) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service.
Our liability is limited to the extent permitted under the Australian Consumer Law.
8. Indemnification
You agree to indemnify and hold harmless Newcastle Nest and its owner, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide reasonable notice of any changes.
11. Contact Us
If you have any questions about these Terms, please contact us at: hello@newcastlenest.com.au
This is a template Terms of Service. You need to customize this significantly with legal advice. Aspects to consider include: specific dispute resolution mechanisms, intellectual property rights in more detail, termination clauses, specific responsibilities for different user types (tenants, landlords, tradies), and any specific clauses required under NSW fair trading or real estate legislation.