1. Introduction

1.1 Clarkeheaven Estate (as defined below) is a under Falcon Primary Production Pty Ltd, ABN 16 667 341 871. Clarkeheaven Estate provides an on-line platform and various tools, services, and functions which enable individual’s to book our property (together the “Services”). Services are provided via specific URL’s, including, in Australia, www.Clarkeheaven.com. Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers.

1.2 These terms and conditions together with the Privacy Statement govern the relationship between Clarkeheaven Estate and any individual using or accessing the Site. Individuals include people who use the Site to access information about and to book the property, whether for business or leisure purposes.

1.3 The Individual’s Ts&Cs constitute a legally binding agreement between Clarkeheaven Estate and the Individual. By using or accessing the Site or our platform or payment system, you acknowledge that you agree to and are subject to the individual Ts&Cs and our Privacy Statement on behalf of yourself and all persons named or otherwise travelling on your booking. If you do not accept and agree to the Individual Ts&Cs without modification, you are not authorised to access or otherwise use the Site.

1.4 Clarkeheaven Estate does not authorise anyone to register with, or to otherwise use, this Site unless they have the capacity to enter into legally binding contracts.

1.5 Clarkeheaven Estate may revise these Individual Ts&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Individual Ts&Cs because they are binding on you. Any changes made after you have made a booking will not affect that booking unless we are required to make the change by law.

2. The Basics

2.1 This Site is a place where Individual can view property offerings and services, and obtain information about, properties offered for rent. We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.

2.2 The Site acts only as a platform for users to interact with each other. Clarkeheaven Estate is not, and does not become, a party to any contractual relationship between the Individual and the Owner in respect of any booking, Property or payment, and does not mediate between the Individual and the Owner in the event of any dispute arising between them. You acknowledge and agree that the Individual and the Owner will be responsible for performing the obligations of any such agreements, that Clarkeheaven Estate is not a party to such agreements and that Clarkeheaven Estate Group disclaims all liability arising from or related to any such agreements.

2.3 Individual are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any Services and any transaction they enter into either on the Site or in connection with their use of the Site. Individual should please note that Owners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and the conduct of their rental property business.

2.4 Clarkeheaven Estate charges a service fee payable by Individual who book a Property on the Site via the Site checkout. The service fee covers the use of the property and services offered. Depending on the laws of the jurisdiction where the Individual and/or Owner resides, the service fee may be subject to (or may include) GST.

2.5 Clarkeheaven Estate may be required to collect and remit taxes (inclusive of GST, sales taxes, or other equivalent taxes) on the Service Fee.  

2.6 If the Individual is a business Individual that is GST registered or an employee of a company that will reimburse GST charged, it must provide Clarkeheaven Estate with the valid GST number and its related billing address, in order for Clarkeheaven Estate to apply the reverse charge mechanism, where applicable, to the Service Fee. If the Individual has a billing address in Australia, the reverse charge mechanism is not applicable and an Australian GST charge will apply.

2.7 If your currency of choice is not supported for a booking, you’ll be charged in the Owner’s selected currency. In any event, the currency and exact amount you will pay will be displayed clearly at check out. Note that if you pay in a currency different than the currency of your card, your bank or card provider may charge you foreign exchange, transaction, or other fees.

3. Rights and obligations of Clarkeheaven Estate

3.1 You acknowledge that each Owner and not Clarkeheaven Estate is responsible for the accuracy with which the photos and descriptions depict the Property.

3.2 Clarkeheaven Estate may occasionally undertake upgrades and maintenance of the Site. These works may result in restrictions on usage. Clarkeheaven Estate will, where possible, aim to ensure that such works are undertaken at a time when most Individual usage is least affected.

3.3 User verification on the Internet is difficult and we cannot and do not assume any responsibility for verification of each user’s purported identity.

3.4 You acknowledge and agree that Clarkeheaven Estate is not responsible for checking the identity, or for the behaviour, of Individual.

3.5 The property listings displayed in a given set of search results depend primarily on the particular combination of property parameters and filters entered by the Individual. Search criteria may include such things as property type, dates of stay, number of travellers, type and nature of accommodations, desired property attributes and amenities, and price range, all of which are processed in accordance with our computer algorithms to find listings that most closely match those criteria.

4. Prohibitions

The Individual must not directly or indirectly:

  • With respect to the Site, its content, and databases comprised in the Site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
  • Monitor content on the Site or Clarkeheaven Estate’s platform or systems by means of robots, spiders, or other automatic instruments.
  • Use the Site or Clarkeheaven Estate’s platform or purposes other than those referred to in these Individual Ts&Cs;
  • Upload or send to the Site (or Clarkeheaven Estate’s platform or systems) any contents or programs, which on account of their size or nature, might damage Clarkeheaven Estate’s computers or networks;
  • Include content on the Site (or Clarkeheaven Estate’s platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach;
  • Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

5. Right to delete content

Individual are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Individual Reviews and communications with Owners, do not infringe applicable law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. Clarkeheaven Estate may review any content on the Site, delete it or alter it when it is no longer accurate or up-to-date.

6. Disputes

6.1 Clarkeheaven Estate is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns.

6.2 You agree to first give us an opportunity to resolve any disputes or claims relating in any way to the Site, these Individual Ts&Cs, any dealings made by us, or our Privacy Policy (“Claims”) by contacting us.  

6.3 You acknowledge and agree that any and all Claims will be resolved by binding arbitration, rather than in court.