Terms of Service.

1.1 These Terms of Service (Terms) govern your access to and use of the Cherry Permits website, marketplace, property assessment tools and related services (together, the Platform) provided by McKenzie Digital Group Pty Ltd ABN 29 161 056 677 trading as Cherry Permits (Cherry Permits, we, us or our).

1.2 You accept these Terms, and they become a binding agreement between you and Cherry Permits, when you tick the box confirming your acceptance while creating an account or submitting a property, or when you otherwise access or use the Platform. Ticking a checkbox or clicking a button to indicate acceptance constitutes your electronic signature, and you consent to dealing with us electronically for the purposes of the Electronic Transactions (Queensland) Act 2001 and equivalent legislation.

1.3 If you do not agree to these Terms, you must not use the Platform.

1.4 We may update these Terms from time to time. We will publish the updated version on the Platform and, where a change materially affects your rights, we will take reasonable steps to notify account holders before the change takes effect. The updated Terms apply to your use of the Platform after they take effect. Site-specific terms accepted for a particular Site continue to apply in the form in which they were accepted.

2.1 In these Terms:

(a) Account means the account you create to access and use the Platform.

(b) Assessment means our review and evaluation of a Submission and the Site to which it relates, to determine whether the Site may be suitable for publication on the marketplace.

(c) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(d) Enriched Data means information about a Site collected, generated or compiled by us in the course of an Assessment or in preparing a Listing, from any source, and includes analysis, rankings, profiles and reports we prepare.

(e) Landowner means a person who owns, or is authorised on behalf of the owner of, land the subject of a Submission or Listing.

(f) Listing means a profile of a Site published on the marketplace.

(g) Personal Information has the meaning given in the Privacy Act 1988 (Cth).

(h) Publisher means an outdoor media publisher, investor or other industry participant who uses the Platform to review opportunities.

(i) Site means the land, or the part of the land, the subject of a Submission or Listing that may be suitable for an outdoor advertising structure.

(j) Submission means the property information, documents, images and other material you provide to us about a Site.

(k) User Content means all content you upload, post, transmit or otherwise make available through the Platform, including Submissions.

3.1 Cherry Permits operates a marketplace and property assessment service. We help owners and authorised representatives of commercial, industrial and mixed-use properties understand possible outdoor advertising opportunities, and we publish suitable opportunities on a marketplace where Publishers can review them and deal directly with Landowners.

3.2 Cherry Permits provides an information, assessment and introduction platform only. Unless we expressly agree otherwise in writing in respect of a particular Site:

(a) we are not your real estate agent, and we do not sell, let or negotiate the sale or letting of land on your behalf;

(b) we are not your legal adviser, town planner, financial adviser, tax adviser or permit authority, and nothing on the Platform is legal, planning, financial or investment advice;

(c) any lease, licence, option or other agreement in respect of a Site is negotiated and entered into directly between the Landowner and the Publisher, and we are not a party to it;

(d) we do not guarantee Publisher interest, advertising demand, permit or approval outcomes, lease terms, rental income, project timing or any other commercial outcome; and

(e) we do not select or recommend particular Sites to particular Publishers: Publishers identify opportunities through their own search, filters, alerts and browsing of the marketplace, and we do not recommend transaction terms or advise any party whether to make or accept an offer.

3.3 You should obtain your own independent legal, planning, tax, financial and property advice before signing any agreement or making decisions based on a potential opportunity.

4.1 You must be at least 18 years old and able to enter into legally binding agreements to use the Platform. If you use the Platform on behalf of a company, trust, partnership, property owner or other person, you warrant that you are authorised to do so and to bind that person to these Terms.

4.2 The Platform is intended for commercial property opportunities. We do not currently assess private homes, residential apartments, townhouses or residential land.

5.1 You may need an Account to access certain features. You must provide accurate registration details, keep your Account information up to date, keep your login details secure, and notify us promptly if you suspect unauthorised access. You are responsible for activity that occurs under your Account.

5.2 We may suspend, restrict or close an Account if we reasonably believe these Terms have been breached, Account details are inaccurate or misleading, or continued access creates a legal, security or operational risk for us or for other users. Where it is reasonable to do so, we will give you notice and an opportunity to respond before doing so.

6.1 A Site may be submitted by its owner or by a landlord, authorised representative, property manager, agent, tenant or other person acting with the owner’s authority. When you make a Submission you warrant that:

(a) you are the registered owner of the Site, or you have the authority of the registered owner (and, for jointly owned land, of each registered owner, and for a company or trust, of the relevant entity) to make the Submission and to deal with us about the Site;

(b) the information in the Submission is accurate, complete and not misleading, and you will promptly notify us in writing if it becomes inaccurate, incomplete or misleading;

(c) you have disclosed in writing all encumbrances, easements, leases, options and other third-party interests affecting the Site that are known to you and relevant to its use for outdoor advertising; and

(d) providing the Submission, and our use of it under these Terms, does not infringe any third-party right or breach any law, lease or encumbrance.

6.2 A Submission and supporting material may be provided through the Platform or by any other channel we accept, including by email or telephone or through our staff assisting you. Where our staff enter or upload information or documents onto the Platform at your request, that material is treated as part of your Submission, the warranties in this clause apply to it, and our staff act on your instructions as an administrative service only.

6.3 By making a Submission you authorise us to receive, review, copy, store, analyse, verify and assess the Submission and to collect, generate and compile Enriched Data about the Site for the purpose of the Assessment and of preparing and managing any Listing. Our Assessment is desktop-based: we may obtain title information for the Site and may use publicly available and commercially obtainable planning, zoning, overlay, cadastral, mapping, geocoding, imagery, council and other property information from government and third-party sources.

6.4 We will not make enquiries in your name or otherwise act on your behalf in dealings with any council, authority or third party under these Terms. If a particular search, record request or enquiry requires your specific authorisation, we will ask you for that authorisation when it is required, and we will not proceed with it unless you give it. Physical inspection of the Site does not form part of the Assessment; if an inspection is required at a later stage, access will be arranged under the site-specific terms referred to in clause 8.

6.5 We may review, edit, request clarification about, decline, archive, hide or remove any Submission or Listing, acting reasonably, including where the Site is outside our service scope, the information is incomplete, ownership or authority is unclear, or the opportunity is not suitable for the marketplace. We are under no obligation to publish any Site, and we make no promise that an Assessment will result in a Listing or that a Listing will result in any transaction.

6.6 Nothing in these Terms restricts you from listing, marketing or dealing with the Site elsewhere, whether during or after the Assessment.

7.1 Before a Site is published to the marketplace we will take steps to verify the ownership of the Site and the authority of the person progressing it, which may include obtaining a title search and requesting evidence of authority (such as a written authority from the registered owner, or evidence that the person accepting is authorised to bind the owning company or trust).

7.2 Publication of a Site is conditional on the Listing Consent referred to in clause 8 being accepted by the registered owner of the Site or by a person we are reasonably satisfied is authorised to make decisions about the Site on behalf of all registered owners.

8.1 If, following the Assessment, we consider a Site suitable for the marketplace, we will notify you and provide a site-specific Listing Consent for that Site. The Listing Consent confirms your authority for the Site to be published and made available to Publishers, is accepted per Site, and must be accepted before the Site is published. Standard publication of a Site under a Listing Consent is free of charge and non-exclusive.

8.2 The site profile for a Listing may record indicative commercial parameters that you nominate, such as the rent or key lease terms you would consider for the Site. Any such parameters are set by you, are indicative only, and are an invitation to treat rather than an offer capable of acceptance, and we do not appraise the Site or advise or make any recommendation about the rent or terms you should seek. Where the site profile has been prepared with the assistance of our staff, it will be provided to you for review, and your acceptance of the Listing Consent constitutes your approval of the profile as at acceptance.

8.3 Once a Site is published, Publishers may review the Listing, conduct their own due diligence and express interest. Any expression of interest is indicative only unless and until the relevant parties enter into a binding written agreement.

8.4 We do not release a Landowner’s personal contact details to Publishers as part of the ordinary marketplace process. Publishers and Landowners communicate with each other through the Platform’s messaging and workflow tools, which support site investigations, proposals, negotiations and documentation. Any exchange of personal contact details occurs only if the parties choose to provide those details themselves.

8.5 Each of the Landowner and the Publisher remains responsible for its own decisions, negotiations, agreements, approvals, consents, licences and compliance obligations in connection with a Site, including planning, road authority, building, safety, body corporate, mortgagee and insurance requirements.

9.1 Submitting a Site, having it assessed is and standard publication of a Site under the Listing Consent referred to in clause 8 a are free of charge.

9.2 We offer optional services, such as enhanced marketplace promotion, detailed assessment, feasibility work, consultant coordination and permit-related services, under engagements that are separately scoped and agreed with you, at fixed, milestone-based or time-based fees stated in the relevant engagement. No fee we charge a Landowner is calculated by reference to the rent, sale price or other value of any transaction, or is contingent on a lease, licence or sale of a Site completing. Enhanced promotion relates to marketplace visibility and general distribution of your Listing, not to the selection or pitching of your Site to a particular Publisher.

9.3 You are responsible for your own taxes, costs, professional advice and third-party charges.

10.1 You agree to use the Platform lawfully, honestly and for its intended purpose. You must not misuse the Platform, interfere with its operation, attempt to bypass security controls, scrape or harvest data without permission, upload malicious files, impersonate any person, misrepresent your relationship with any property, or use the Platform in a way that may harm Cherry Permits, other users or third parties.

10.2 You must not upload or transmit content that is unlawful, misleading, defamatory, obscene, infringing, in breach of confidence, or that contains the personal information of another person without their consent, or that contains viruses, malware or other harmful code.

10.3 You must keep confidential any commercially sensitive information about another user, a Site or an opportunity that you obtain through the Platform, and use it only for the purpose of evaluating and progressing a legitimate outdoor advertising opportunity through the Platform, except where disclosure is required by law or the information is public through no breach by you.

11.1 You retain ownership of your User Content. You grant Cherry Permits a non-exclusive, worldwide, royalty-free licence to use, copy, store, adapt, display, disclose and share your User Content as reasonably needed to operate the Platform, conduct Assessments, prepare and manage Listings, communicate with relevant participants, provide our services, comply with law and enforce these Terms. This licence continues for as long as we are permitted to retain the relevant content under clause 12 and our Privacy Policy.

11.2 You must only upload files that you are authorised to provide and that are relevant to a legitimate enquiry, Submission, Listing, agreement or support request. We may review, reject, remove, restrict or quarantine files that are incomplete, incorrect, inappropriate, unlawful, unsafe, provided without authority, infringing, misleading or unrelated to the marketplace process.

12.1 If a Site is declined or archived as unsuitable, we may retain the site record, Assessment history and Enriched Data for up to 5 years after archival, because a site that is unsuitable at one time may become suitable later due to changes in planning controls, publisher demand or other circumstances. After that period we will delete or de-identify that information unless we have an ongoing legal, operational or business need to retain it.

12.2 Personal Information and sensitive documents you have supplied are retained only for as long as they are reasonably required, and are deleted earlier where they are no longer relevant, in accordance with our Privacy Policy.

12.3 If we reasonably believe that circumstances affecting an archived Site have materially changed, we may contact you about it using the contact details on your Account, subject to our Privacy Policy and to any request you make not to be contacted.

13.1 Cherry Permits owns or licenses the Platform, its software, design, branding, trade marks, content, processes, data structures, Enriched Data and materials we provide. You must not copy, reproduce, modify, reverse engineer, distribute or commercially exploit our intellectual property without our written permission. Nothing in these Terms transfers ownership of your User Content to us, or of our intellectual property to you.

14.1 We handle Personal Information in accordance with our Privacy Policy, which is available on the Platform and forms part of these Terms. If you provide us with Personal Information about another person (for example, a co-owner or a contact person), you must ensure you are authorised to do so and that the person has been made aware of our Privacy Policy.

15.1 The Platform may contain links to, or make use of, third-party websites, maps, imagery, data services, document and signature services, analytics services and publisher platforms. Those services are operated by third parties under their own terms and privacy policies, and we are not responsible for them except to the extent required by law.

15.2 We aim to keep the Platform available and reliable, but access may be interrupted, limited or unavailable due to maintenance, updates, third-party services, network issues, security incidents or technical problems. We may change, suspend or discontinue any part of the Platform, acting reasonably; if we discontinue a service that materially affects a current Listing, we will take reasonable steps to notify affected users.

16.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified.

16.2 Subject to clause 16.1, and to the maximum extent permitted by law: the Platform and our services are provided on an “as is” and “as available” basis; we do not warrant that the Platform will be uninterrupted, error-free or secure; and information we provide about a Site’s potential suitability is general and preliminary and is not a representation that any approval, transaction or outcome will be achieved.

16.3 Subject to clause 16.1, and to the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or loss of data arising in connection with these Terms or the Platform.

16.4 Where our liability in respect of services cannot be excluded but may be limited, our liability is limited, at our option, to resupplying the relevant service or paying the cost of having the service supplied again.

16.5 You are liable to us for loss we suffer that is caused by your breach of these Terms, your User Content, your lack of authority in respect of a Site, or your unlawful conduct, except to the extent that we caused or contributed to the loss.

17.1 You may stop using the Platform and close your Account at any time. We may suspend, restrict or terminate your access if we reasonably believe you have breached these Terms, provided misleading information, misused the Platform or acted unlawfully; where reasonable, we will give you notice and an opportunity to remedy the issue first.

17.2 Termination of these Terms or closure of your Account does not affect any site-specific terms accepted for a Site, which continue in accordance with their own provisions, and does not affect rights and obligations accrued before termination. Clauses 11 to 12, and the clauses dealing with intellectual property, privacy, disclaimers, liability and governing law, survive termination.

18.1 These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts that hear appeals from them.

18.2 If any provision of these Terms is invalid or unenforceable, it is severed to the extent of the invalidity or unenforceability, and the remaining provisions continue in force.

18.3 You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms to a related body corporate or to a purchaser of our business, provided your rights are not materially prejudiced.

18.4 A notice under these Terms may be given by email to the email address associated with your Account (for notices to you) or to the contact address below (for notices to us), and is taken to be received when it becomes capable of being retrieved at the relevant address.

19.1 For questions about these Terms, contact Cherry Permits at assets@cherrypermits.com.au, by phone on (07) 2143 6097, or by post at Unit 7, 229 Junction Road, Cannon Hill QLD 4170.

© McKenzie Digital Group Pty Ltd ABN 29 161 056 677 trading as Cherry Permits.