General Terms of Use - Property Inc

1. Welcome to Property Inc

The Right Team Global Pty Ltd ACN 649 035 263 (we, us, our) operates https://property.inc and all of its subdomains (our Site), and various third party social media and messaging sites, channels, pages, groups and forums (collectively with our Site, our Services)

2. Acceptance and variation of terms

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.

By clicking an ‘accept’ button (or similar), creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, the Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3. Supplementary terms

By accepting these Terms, you also accept any supplementary terms published on our Site, including but not limited to, the supplementary terms relating to the Education, Projects, and Classifieds sections of our Site.

4. License

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, licence to access and use our Services, subject to these Terms, your compliance with these Terms, any limitations or restrictions associated with the type of your user account, plan, or subscription (as applicable).

5. Accceptable Use

You agree that you are only authorised to use our Services for your own personal use and for the following activities:

1. accessing and using our Services; and
2. any other purpose which we make known to you.

Unless otherwise approved by us, you must not use our Services:

1. to provide advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things; or
2. for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click and accept end user licence terms, together with privacy policy terms and acceptable use standards.

You agree not to use our Services to do any of the following:

1. distribute malware or viruses;
2. send unsolicited communications, promotions or advertisements (commonly referred to as spam);
3. send false, misleading or deceptive source-identifying information, including ‘spoofing’ or ‘phishing’;
4. send anything that is fraudulent, misleading, or infringes a third party’s rights;
5. impersonate or misrepresent your affiliation with any person or entity; or
6. breach any law, violate the privacy of a third party, or defame a third party.

6. No Minors

Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.

7. Restricted International Users

Your access to and use of our Services may be subject to international export controls and financial export requirements. By accessing or using our Services, you declare and undertake that you are aware of and subject to these requirements. Without limitation, you are not entitled to access or use our Services if:

1. you are a citizen or resident, or you intend to supply any good or service to any citizen or resident, of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States of America (US) embargo, United Nations sanctions, the Her Majesty’s Treasury of United Kingdom (HM) financial sanctions regime; or
2. you are on the list of specific citizens published by the US Ministry of Finances, or the list of people denied by the US Ministry of Trade, a non-verified list, or a person subject to the HM financial sanctions regime, or you intend to supply any good or service to any such person.

8. No financial or legal advice

You acknowledge and agree that:

1. we are a software provider only; and
2. unless otherwise expressly stated, we, and any other person using our Services (whether as a user, moderator, administrator, or other user type), are not, in Australia or any other jurisdiction in the world:
  - professional or qualified advisors (such as lawyers or accountants);
  - financial advisors or financial service providers;
  - financial services licence holders;
  - licensed real estate or property agents;
  - brokers or agents;
  - securities advisors or practitioners; or
  - employment recruiters, or labour hire service providers;
3. where a user’s profile states that they have certain formal qualifications, or industry or other experience:
  - the relevant user is solely responsible for making such representations; and
  - we give no warranty and make no guarantee that the representations made in the user’s profile are accurate or appropriate.

All text, images, audio recordings, video recordings, interactive media, template
documents, checklists, tools, and other information and content (Content) hosted or
made available on or through our Services is are provided:

1. for general information purposes only, and do not constitute advice of any kind
  (financial, legal, or otherwise) to you or any other person; and
2. without any regard whatsoever to the personal circumstances of any person.

No Content hosted or made available on or through our Services is intended to constitute advice (financial, legal, or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.

Any user-created Content which is hosted or made available on or through our Services is provided for, and on behalf of, the relevant user who created or supplied such Content. No user-created Content has our endorsement, nor has any such Content been vetted or reviewed by us (whether from a financial or legal perspective, or otherwise) prior to being made available on our Services.

All statements, representations, estimations, projections, or forecasts made in or through our Services by us or any other person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.

Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you:

1. undertake your own investigations and enquiries; and
2. seek independent legal, accounting, tax, financial, business, technical and other professional advice from appropriately qualified professional advisors.

9. Your Acknowledgements

By using our Services, you acknowledge and agree to the following:

9.1 General

1. investing activities of any kind, including investing in real estate or real estate related projects or businesses, are inherently risky;
2. by investing your funds, you risk losing all of your money or capital;
3. we do not make any statements or representations whatsoever in relation to the market price, value, feasibility, viability, validity, or legality, of any asset, business, project, or undertaking;
4. subject to law, we make no statements or representations, and give no warranties or guarantees to you, that our Services are suitable for any particular use or purpose;
5. you are solely responsible for your own purchasing, financial, legal, and other decisions;
6. before making any financial, legal, or other decision, you will:
  - undertake your own investigations and enquiries; and
  - seek independent legal, accounting, tax, financial, business, technical and other professional advice from appropriately qualified professional advisors;

9.2 Real Estate

1. 1. the real estate market is not a single global market, but a composite of all local markets, which may be affected, positively or negatively, by numerous factors, variables and circumstances, including but not limited to:
    - market conditions and sentiment in real estate and the broader financial markets;
    - macro-economic and geopolitical factors; and
    - changes in laws, regulations, and government policies (such as those relating to taxation, and foreign investment restrictions);
  2. even in a specific geographical location (such as a single street), there may be considerable differences in the relative value of real estate in that location, depending on a wide variety of circumstances, including but not limited to:
    - the specific characteristics or attributes of each property;
    - any latent or patent defects of each property (including those which may only be discovered after undertaking appropriate and comprehensive legal and other due diligence activities); and
    - the extent to which potential buyers or tenants value certain characteristics or attributes of a property;

9.3. Arrangements with third parties (including other users)

1. no Content submitted or posted by any third party (including other users) on our Services has our endorsement, nor have they been vetted or reviewed by us (whether from a legal or financial perspective, or otherwise) prior to being made available on our Services;
2. as a platform provider, we are not a party to, nor do we have any ability to influence the terms of, any contract or arrangement (legally binding or otherwise) that you enter into with third parties (including other users) on or through our Services;
3. if you agree to purchase goods and/or services from, or enter into an arrangement with, a third party (including other users):
  - you are entering a separate agreement with that third party;
  - you acknowledge and agree that we are not a party to any such transaction; and
  - we accept no liability whatsoever for any defective goods or services, or breach of agreement terms by any third party;
4. if, in your dealings with any third party, you agree to personal liability of any kind, your personal assets may be exposed to risk, and you risk becoming personally insolvent or bankrupt if you are unable to satisfy any debts owed by you;

9.3. Compliance with Law

1. you are solely responsible for complying with all applicable laws in relation to any matter, project, or undertaking that you may use our Services to assist you with;
2. many laws, including real estate related laws, may exist at various levels, including local, State or Territory, or federal, and the laws which apply to you may differ depending on your location, and the location of others involved (such as investors, partners, and collaborators), and/or the location of any relevant real estate; and
3. to the extent that our Services assist you to comply with the law, any such assistance is a suggestion only and we make no statements or representations, and give no warranties or guarantees to you, that you may fully comply with the law solely by using our Services.

10. User Accounts

10.1 Account creation

In order to access and use our Services, we may, from time to time, require you to do any one or more of the following:

1. create an account with us; and/or
2. provide us with a valid email address.

10.2 Your acknowledgements

When creating an account with us, you acknowledge and agree that:

1. you will not provide any false personal information and will keep your personal information accurate and up to date;
2. you will only create one (1) account;
3. you will not allow anyone else to access your account;
4. you will not create a new account if your account is disabled;
5. if you create an account using your user credentials from a third party site (such as Facebook or Google), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account; and

10.3 Account deletion

You may delete your account at any time either by using the account deletion facility on our Site (if any), or by contacting us by email at support [at] property.inc.

10.4 Our rights re: user accounts

We reserve the right to alter any part of your user account, delete your user account and/or terminate your access to our Services, at any time, in our sole discretion, without prior notice to you, including in the following circumstances:

1. if your account is inactive for a period of six (6) months or more;
2. if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them; or
3. if you engage in any illegal, defamatory, obscene, inappropriate, or offensive, conduct or behaviour (as determined by us in our discretion).

11. Fees and Payments

11.1 Fees

For a complete list of our fees, please refer to our Fee Schedule. Unless otherwise expressly stated by us, all fees are:

1. payable in Australian dollars ($AUD); and
2. inclusive of any applicable goods and services tax (GST) and other value-added tax (VAT)

11.2 Plans and subscriptions

We may offer certain features only to users on certain plan types and/or subscriptions. You acknowledge and agree that we may, at any time in our discretion, without notice to you:

1. add, remove, or vary the nature or terms of, the features associated with any subscription plan offered by us; and
2. make such changes available to you, or only available to new users.

11.3 Third party payment processors

Where any payments or transfers are handled by a third party service provider, they are subject to third party service provider’s terms and conditions.

We accept no responsibility or liability in relation to payments processed by the third party service provider. Any issues which you experience in making payments to us may be raised with us, however, we reserve the right to require you to liaise with third party service providers directly.

11.4 Authority to charge

If we hold payment information for you, you authorise and consent to us automatically charging you for all monies due and owing by you from time to time.

11.5 Failure to pay fees

If you fail to pay any fees owing to us within one (1) month of the relevant due date, we will automatically suspend your account and your access to our Services until such time as you pay all monies due and owing to us.

11.6 Interest on overdue monies

We reserve the right to charge you interest at the rate of 10% per annum, calculated daily and capitalised monthly on the last day of each month, on all monies which you owe to us which are not paid by the relevant due date.

11.7 Set-off

You agree, consent, and authorise us to set off any monies which we may owe you against any monies which you may owe us, from time to time.

Refund policy

Our Refund Policy is published separately on our Site and forms part of these Terms.

12. Social

Our Site may contain social media and communication features (Social Features) allowing you to, among other things:

1. communicate with other users and invite them to your projects;
2. create and participate in discussion groups;
3. submit feedback, reviews and ratings; or
4. submit or post text and other Content which is visible to other users.

In using the Social Features of our Site, you agree to:

1. maintain civility and respect for other users;

1. refrain from illegal, defamatory, obscene, inappropriate, or offensive, conduct or behaviour; and
2. in relation to commercial dealings with other users, always act reasonably, professionally and in good faith;

We may, from time to time, publish rules and policies on our Site relating to the use of Social Features, which may include a Content removal policy (Social Rules). You must comply with our Social Rules when using our Services. We reserve the right, at any time in our sole absolute discretion, to:

1. remove or modify any feedback, review, rating, post, communication, or other Content posted by you or any other user on or through the Social Features;
2. where you breach the Social Rules or our Terms, withdraw and remove your access to the Social Features without prior notice; and/or
3. take any action against any user for breaching the Social Rules which we consider appropriate in the circumstances.

13. User-created content

Nothing in these Terms affects your ownership of Content created, developed, or otherwise uploaded or submitted by you (with Content created by any user being referred to as User Content). However, you acknowledge and agree that, to allow our Services to function as intended, it may be necessary for us to store, host, copy, transmit, communicate, display, use, modify, create derivative works of, and back up, your User Content to you and other users in connection with the delivery of our Services to you and other users (Serve).

You grant us a royalty-free, perpetual, worldwide, non-exclusive licence to Serve your User Content which you upload, create on, or otherwise make available to, to our Services. You acknowledge and agree that, to the extent that we use any third party technology or service providers, you grant us the right to sublicense our rights under these Terms for the purpose of Serving your User Content.

You are solely responsible for all of your User Content. You must not rely on our Services as a means of storing your User Content or other data. We are not responsible for any Loss that you may suffer due to not appropriately backing up your User Content and other data outside of our Services.

Where any User Content includes any information which is personal information or personal data within the meaning of applicable data privacy laws, you acknowledge and agree that:

1. we have no responsibility whatsoever to determine the application or otherwise of data privacy laws to any such User Content; and
2. any User Content which we Serve which is, or contains, personal information or personal data falling outside the scope of our Privacy Policy is handled by us only for the purpose of Serving it in accordance with our Terms, and will not otherwise be processed by us in accordance with our Privacy Policy.

14. Affiliate program

We may offer an affiliate program, which is subject to our Affiliate Terms and Conditions. You acknowledge and agree that we may vary such terms and conditions at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.

15. Promotions and discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.

16. Security

You must ensure that you keep secure and confidential all login credentials (e.g. username and password) required to access our Services.

We may support multi-factor authentication to access our Services using one-time-use codes sent to the mobile number or email address associated with your account. Where supported by us, we encourage you to use multi-factor authentication to secure your account.

You must immediately notify us of any unauthorised use of your login credentials, or any other breach of security.

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login credentials, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.

We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party if our security measures (or those of any of our third party service providers) are overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.

17. No interference

You agree that you will not:

1. use our Services in any way that could damage our reputation or goodwill;
2. permit any person to access and use our Services other than in accordance with these Terms;
3. disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
4. except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
  - reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
  - decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
5. when accessing and using our Services:
  - attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party’s computing systems and networks;
  - use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
  - attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
  - transmit, or input into our Services any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
  - attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;
  - remove or modify any program markings or any notice of proprietary rights, including those of any third party;
  - use any automated processes or means to access our Services;
  - use any software or manual repetition that will or is likely to interfere with our Services; or
  - attempt to cause stress or detriment to the proper working of our Services, such as by:
    1. acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
    2. reloading or refreshing transaction pages more than once every 5 seconds; or
    3. requesting any page of the Site more than 1000 times in aggregate in any 24-hour period.

18. Availability

We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including where:

1. there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Services;
2. it is reasonably required to reduce or prevent fraud or interference with our Services;
3. we are required to comply with an order, instruction or request of a government authority, or other such competent body; or
4. we are otherwise prevented from making our Services available by circumstances outside our reasonable control.

You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party service providers), and other factors which may impact upon the delivery of our Services to you via the Internet.

While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.

We reserve the right to restrict or remove access to our Services for the purpose of undertaking maintenance and updating of our Services.

We do not warrant that any part of our Services is or will be completely error free or free of defects. Certain parts of our Services may be made available on an ‘alpha’ or ‘beta’ basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of our Services are released on such an ‘alpha’ or ‘beta’ basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of our Services which are released on an ‘alpha’ or ‘beta’ basis.

19. Copyright

Except as expressly stated by us, the information and Content (excluding User Content) contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable). You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

20. Intellectual property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services (excluding User Content). Nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

21. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

If, as a result of these Terms, a person (other than us) collects, or is able to access, any personal information or data about identifiable individuals, then that person must:

1. comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
2. comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
3. take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and
4. co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

22. Third party sites and content

Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

23. Feedback

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

24. Off-site conduct

It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.

25. Consequences for violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

1. take any legal action we may have available against you;
2. block your use of our Services;
3. suspend, deactivate, or delete your account/s on our Services; and/or
4. disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

26. DISCLAIMER

OUR SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

TO THE GREATEST EXTENT PERMITTED BY LAW:

1. WE MAKE NO REPRESENTATIONS, AND WE DO NOT GIVE ANY WARRANTIES OR MAKE ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO LEGAL, FINANCIAL, OR INVESTMENT PURPOSES, WHETHER OR NOT SUCH USE OR PURPOSE IS DESCRIBED BY YOU TO US OR OUR REPRESENTATIVES PRIOR TO THESE TERMS TAKING EFFECT; AND
2. ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.

ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.

WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

WE PROVIDE NO WARRANTY AS TO THE ACCURACY OR CURRENCY OF THE ACCOUNT INFORMATION OR OTHER INFORMATION OR DATA UPLOADED TO OUR SERVICES BY ANY OTHER PERSON (INCLUDING USER CONTENT).

OUR SERVICES MAY DYNAMICALLY SOURCE CONTENT FROM THIRD PARTY SITES AND SERVICES USING APPLICATION PROGRAMMING INTERFACES (APIS) AND OTHER TECHNOLOGIES. WE GIVE NO WARRANTIES AND MAKE NO GUARANTEES AS TO THE ACCURACY OR CURRENCY OF ANY SUCH DATA, THE RESPONSIBILITY FOR WHICH AT ALL TIMES REMAINS WITH THE RELEVANT THIRD PARTY SITES AND SERVICES.

FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.

27. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:

1. YOU ACCESS AND USE OUR SERVICES, AND ANY SYSTEM OPERATED BY US (INCLUDING, BUT NOT LIMITED TO, DATA STORAGE AND HOSTING SYSTEMS) AT YOUR OWN RISK AND EXPENSE; AND
2. YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:

1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
2. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;
3. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
4. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:
  - ANY CONTENT (INCLUDING USER CONTENT) HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
  - ANY FINANCIAL, INVESTMENT, LEGAL, BUSINESS, ACCOUNTING, OR TAX ADVICE OR SERVICE PROVIDED BY ANY PERSON IN CONTRAVENTION OF THESE TERMS;
5. ANY LOSS OF FUNDS RESULTING FROM MALICIOUS ATTACKS AGAINST US OR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO, CYBER-ATTACKS, HACKING, PHISHING, AND FRAUD;
6. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
7. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL MONIES PAID BY YOU TO US IMMEDIATELY BEFORE THE EVENT OR SERIES EVENTS GIVING RISE TO THE RELEVANT CLAIM.

28. INDEMNITY AND RELEASE

28. 1 INDEMNITY

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR/ATTORNEY AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:

1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
2. YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;
3. YOUR RELIANCE ON:
  - ANY CONTENT (INCLUDING USER CONTENT) HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
  - ANY FINANCIAL, INVESTMENT, LEGAL, BUSINESS, ACCOUNTING, OR TAX ADVICE OR SERVICE PROVIDED BY ANY PERSON IN CONTRAVENTION OF THESE TERMS; AND
4. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU; AND
5. ANY BREACH OF THESE TERMS BY YOU.

28. 2 RELEASE

YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY IN RELATION TO THE FOLLOWING MATTERS:

1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
2. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;
3. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
4. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:
  - ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
  - ANY FINANCIAL, INVESTMENT, LEGAL, BUSINESS, ACCOUNTING, OR TAX ADVICE OR SERVICE PROVIDED BY ANY PERSON IN CONTRAVENTION OF THESE TERMS; AND
5. ANY LOSS OF FUNDS RESULTING FROM MALICIOUS ATTACKS AGAINST US OR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO, CYBER-ATTACKS, HACKING, PHISHING AND FRAUD;
6. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
7. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

29. CLASS ACTION WAIVER

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING A CLAIM AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, AND YOU HEREBY WAIVE YOUR RIGHT TO DO SO.

30. REPORTING

If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us either by using the contact facility on our Site (if any), or by contacting us by email at support [at] property.inc. So that we can efficiently deal with your report, please ensure that your report:

1. states the reason for your concern/s; and
2. clearly identifies the content by providing:
  - a description of it; and
  - a link to the specific page, post or content (if applicable).

31. CONFIDENTIALITY

You agree to keep confidential all Content (including User Content) hosted or made available on or through our Services.

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately either by using the contact facility on our Site (if any), or by contacting us by email at support [at] property.inc.

32. NOTICES AND NOTIFICATION

We may send or issue notices to you from time to time:

1. through the user interface on our Services; and/or
2. by email.

You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

33. General

33.1 Disputes

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:

1. notify us of the dispute either by using the contact facility on our Site (if any), or by contacting us by email at support [at] property.inc;
2. provide us with full and complete details of the dispute;
3. providing such supporting information or documents as we reasonably request; and
4. act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

33.2. ENTIRE AGREEMENT

These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.

33.3 JURISDICTION

This Agreement is governed by the laws of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

33.4 SEVERABILITY

Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.

33.5 WAIVER

A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.

34. RULES OF INTERPRETATION

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

1. the singular includes the plural and vice versa;
2. words of any gender include all genders;
3. alternate grammatical forms of a defined term have a corresponding meaning;
4. a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
5. a reference to a document includes the document as novated, varied, or substituted from time to time;
6. a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
7. a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
8. a reference to two or more persons is to any of them together and each of them individually;
9. a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
10. ‘including’ and similar expressions do not limit the generality of any provision of these Terms;
11. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and
12. a reference to $, AUD$, dollar or $ is to Australian currency;
13. headings and table of contents are for ease of reference only and do not affect interpretation.