“ACL” means the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Agent” means the agent of a Property.
“Agreement” means the most updated version of the agreement between SOHO and a User.
“Applicable Laws and Regulations” means all laws, statutes, regulations, edicts, by-laws, mandatory codes of conduct, standards and guidelines, whether local, national, international or otherwise existing from time to time to which that party is subject and which is relevant to that party’s rights or obligations.
“Buyer” means a person seeking to purchase a Property.
“Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL.“Identity Verification Services” means the tools available to help Users verify the identity, qualification or skills of other Users including mobile phone verification, verification payment information, References and integration with social media.
“Metrics” means information gathered and displayed on SOHO in relation to a Property, or a geographical area, including without limitation value, growth prospects, rental vacancy, buyer demand, LVR data, or sales data.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“Offer” means an offer made by a Buyer or Renter in response to a Property to purchase, or to rent, the Property.
“Owner” means the owner of a Property.
“SOHO” means the SOHO website at [insert webpage], SOHO smartphone app, and any other affiliated platform that may be introduced from time to time.
“Property” means a property that has been posted on SOHO by a User.
“Property Contract” means a contract between two or more Users in relation to a Property, including but not limited to a rental contract, or a purchase contract.
“Property Management Services” means the property management services that are provided on SOHO and includes, without limitation, the uploading of documents and strata documents, the obtaining of performance metrics, the management of repairs and the monitoring of utilities.
“Reference” means a feature allowing a User to request other Users to post a reference on SOHO endorsing that User.
“Renter” means a person seeking to rent a Property.
“Service” means the services that are provided by SOHO pursuant to this Agreement.
“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Services” means the promotions and links to services offered by third parties as may be featured on SOHO from time to time.
“User” means a person or entity that uses and interacts with SOHO, including as Owners, Agents, Renters or Buyers.
Rules of Interpretation:
In the SOHO Agreement and all Policies, except where the context otherwise requires:
- the singular includes the plural and vice versa, and a gender includes other genders;
- another grammatical form of a defined word or expression has a corresponding meaning;
- a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- a reference to A$, $A, dollar or $ is to Australian currency;
- a reference to time is to the time in New South Wales, Australia;
- a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;
- the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- headings are for ease of reference only and do not affect interpretation;
- any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.