Terms and Conditions of Use

Timms Real Estate provides the information and services on its World Wide Web site(s) (the "Site") under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.

Cancellations and Refunds

Cancellations Policy

Orders may be cancelled at any time by sending an email to or calling (08) 8471 6100 and providing instructions regarding your cancellation request. Cancellations are processed on week days between 9am and 5pm EST and you will receive a confirmation email once your order cancellation has been actioned.

Cancellations may only be completed for products and services that have yet to be processed by Timms Real Estate staff.

Given that your credit card is only charged as each service is processed, there are no refunds associated with an order cancellation.

Refunds Policy

Timms Real Estate will conduct refunds in accordance with guidelines established by the ACCC.

However, we are unable to provide a refund for any service rendered simply because that service fails to acquire payment from your debtor. The nature of the debt collection business dictates that some debts are unrecoverable, and despite our extensive experience and expertise, we are unable to guarantee that our services will always conclude with a favourable result.

Delivery Policy

All letters sent from Timms Real Estate bear the logo and branding of our affiliated debt collection agency Collect It Now Pty Ltd.

Timms Real Estate is not responsible for the non-delivery of letters lost in transit by Australia Post, or for the non-delivery of letters due to a submission to Timms Real Estate containing incorrect debtor information.

Australia Post Surface Mail

Letters delivered via Australia Post Surface Mail generally take between 3-5 business days to arrive at their destination.

The cost for Australia Post Surface Mail is included in the price of each letter, there is no additional charge.

Express Post

Letters dispatched via Express Post have a quicker delivery time, and will be delivered on the next business day after processing to any of the locations outlined here: http://www.auspost.com.au/BCP/0,1467,CH2431~MO19,00.html

Additional shipping and handling charges for the Express Post delivery service are specified when creating your order.

Order Processing

Orders received on a business day prior to 1pm will be processed on the same day; orders received after 1pm on a business day will be processed and sent on the next business day. Orders placed on a weekend will be processed and dispatched on the next working day.

Credit Card Charging

Timms Real Estate only charges your credit card as we process your order.

Service Queue

As multiple services are often selected by our customers for a particular debt, each service is placed into a queue that expires when either all services have been rendered or the order has been cancelled.

Once a service has been processed, Timms Real Estate allocates a window of time before processing the next service in the queue. This window is equal to the payment window of the service rendered (3 days for an initial letter of demand, for example) plus a cooling off period of an additional 5 working days.

This cooling off period is present to provide you with ample time to advise of a paid debt and to cancel the remaining services in the queue.

Debt Collection Cost Clause (Free Debt Collection)

In many places throughout the Timms Real Estate website we state that you may be eligible for free debt collection by transferring the costs incurred by using the Timms Real Estate service to your debtor.

To be eligible for this option, you must have an appropriate debt collection cost clause within your client contract that your debtor has signed or agreed upon.

When you indicate that a cost clause exists, Timms Real Estate will continue to charge your credit card for the cost of the service when processing each of your selected services. However, this cost is added to your debtors bill, so you are compensated if/when the debtor pays.

Should the debt recovery process result in non-payment from the debtor, you will remain liable for all costs incurred by using the Timms Real Estate service. Timms Real Estate will not refund any monies due to our services resulting in non-payment.

If you falsely indicate that you possess such a clause when placing your order you may be breaching the Trade Practices Act and subject to penalties of up to $220,000 for individuals and $1,100,000 for corporations.

Please visit the ACCC website or contact us for more information.

Laws and Regulations

Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way which violates such laws or regulations.

Copyright and Trademarks

The information available on or through this Site is the property of Timms Real Estate, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes.

Tampering

The user agrees not to modify, move, add to, delete or otherwise tamper with the information contained in the Timms Real Estate Web site.

Links to Third Party Sites

This Site may contain links that will let you access other Web sites that are not under the control of Timms Real Estate. Timms Real Estate assumes no responsibility or liability for any material that may be accessed on other Web sites reached through this Site, nor does Timms Real Estate make any representation regarding the quality of any product or service contained at any such site.

No Warranties

Information and documents provided on this Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Timms Real Estate uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Timms Real Estate periodically adds, changes, improves, or updates the information and documents on this Site without notice. Timms Real Estate assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Timms Real Estate BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF Timms Real Estate WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy

Protecting the privacy of our users of our Site is important to Timms Real Estate. The Timms Real Estate Privacy Policy describes how we use and protect information you provide to us.

Security

Timms Real Estate takes industry standard precautions to ensure all personal data received from the User remains secure. Timms Real Estate is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site.

Access to Password Protected / Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited.