Terms of Use

This document outlines the terms and condition governing the use of Properteasy.com.au, the web-based Service (platform) for property compliance management. By accessing or using Properteasy.com.au, you agree to comply with these terms and conditions of the Service. If you do not agree with any part of these terms, you may not use the Service. Please read and review these Terms of Use carefully. This Service is exclusively intended for use in Australia.

All reference in these Terms of Use to “we”, “our” or “us” means Properteasy.com.au and all its affiliates and associates. All reference in these Terms to “you” means a User or Account Holder.

We reserve our right to update these Terms of Use periodically. We reserve the right to modify or replace these Terms of Use at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new terms. If you do not wish to accept any alterations to these Terms of Use, you have the option to cancel your subscription at any time in accordance with termination policy.

Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into these Terms of Use. Our Privacy Policy can be found here.

Use License

Permission is granted to temporary access and use the service for personal or commercial use. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us.

User Content

The service may allow you to submit, upload, or post content, including but not limited to text, images, and other materials (“User Content”). You are solely responsible for the User Content you submit or upload and the consequences of uploading it and sharing. You agree not to submit or share any User Content that is unlawful, defamatory, obscene, abusive, or otherwise objectable.

Intellectual Property Rights

The Service and its original content, features and functionality are owned by Properteasy.com.au and is protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service without the prior written consent of Properteasy.com.au. You must not sell, assign, grant security interest in or otherwise transfer and any right in or to the Services or use or refer to the Services in developing any competitive good or service without the prior written consent of Properteasy.com.au. You may contact us at admin@properteasy.com.au if you seek such consent.

Limitations

In no event shall Properteasy.com.au or any of its affiliates be liable for any damages, (including, without limitations, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Service.

Accessing the Service

Payment for the Services must be made according to the instructions outlined in these Terms of Use and as detailed on the Website or associated application.

Upon payment of the Subscription fee, we:

• Agree to provide our Service to You in compliance with these Terms of Use and all relevant laws governing our operations.
• We will grant you restricted, non-exclusive, non-transferable privilege to access and utilize the Service, based on your subscription type, exclusively for your internal business needs, in accordance with these Terms of Use.

Registrations

To gain access to the Services, you must complete Your registration details as required on the Service platform or associated application or website. It is Your responsibility to ensure that Your registration details remain accurate and up-to-date, and You must promptly inform us of any changes to Your original registration information. Additionally, You must promptly respond to any requests for documentation or information related to Your use of the Services that we may make.

To register, an email will be sent to You containing a link to a page where You can set a password and activate Your account. By registering your details, you become Account Holder/User.

You are required to keep Your password confidential and not share it with anyone else. If You suspect unauthorized use of Your password or if You forget it, You must immediately reset Your password on the login page of the Service platform or associated website or application.

You acknowledge and agree that any actions performed by someone accessing and using Your account with Your password will be considered authorized by You. We are not responsible for any loss or damage incurred by You or Your Invited Users due to Your failure to use a strong password or utilize security features of the platform.

Free Trial

Upon initial registration for access to the Services, You may be granted a no-obligation, time-limited trial of the Services (or a specific component) under the specified trial usage conditions provided to You. To use Free Trial period, you are required to enter your credit card details where applicable, at this point no fee will be charged. Free Trial conditions are included in and constitute a part of these Terms of Use.

If You opt to continue using the Services after the trial period, You will be billed automatically from the date You free trial period expired. Alternatively, if You decide not to continue using any of the Services, You have the option to terminate Your account in the 'Subscription' section of the relevant Services.

Invited Users

Invited Users are granted access to the Services by the Account Holder. The access of Invited User/es is contingent upon compliance with these Terms of Use.

You, the Account Holder/User, have the authority to designate individuals as Invited Users and specify their level of access to the Services.

You are accountable for your own use of the Services as well as the usage of the Services by your Invited Users. This includes ensuring that your Invited Users are aware of and adhere to these Terms of Use. You will be held responsible for the actions and omissions of any Invited Users as if they were your own.

You are responsible for managing and resolving any disputes that arise between you and an Invited User regarding access to the Services.

You agree not to transfer or permit the transfer of Authentication Credentials among Invited Users or any other individuals or systems. Additionally, you must take reasonable measures to prevent the transfer of Authentication Credentials. Regular integrity checks on all issued Authentication Credentials must be conducted. You will reset Authentication Credentials periodically as deemed reasonably necessary by us.

If any of the following events occur, you must immediately notify us and take prompt action to deactivate an issued Authentication Credential:

• An Invited User is no longer employed by, contracted to, or otherwise authorized by you to use the Services.
• Any Authentication Credentials are lost, stolen, missing, or compromised.
• You become aware of any breach of these Terms of Use by an Invited User; in which case that User account will be suspended until the breach is satisfactorily resolved.

Subscription

Your Payment

You agree to remit the Subscription Fees for accessing the Service based on your subscription type. All subscription fees:

• Are denoted in Australian dollars and include GST.
• Are to be paid monthly for each period starting from your registration date and billed on the monthly anniversary, which is referred as billing period.
• Are non-refundable (unless it is stated otherwise in the Terms of Use). An additional charge might be levied for the usage of specific credit cards. You will be informed when entering you credit card information of such additional charge.
• Your use of the Services is conducted electronically, and You agree that we may communicate with You electronically for all aspects of Your use of the Services, including sending You electronic notices.
• Should your payment fail, we will contact you electronically, via your registered email address. Your company access will be suspended and terminated immediately.
• A fee may be imposed if your payment is dishonoured or disputed.
• Invoice will be issued monthly, after successful payment is processed from your credit card. The invoice will reflect billing period.
• Invoice will be sent to your email address of your billing contact whose details are provided in “Subscription” section.

Changing Your Subscription

You have flexibility to choose and Subscription type, and you can imitate a change to your Subscription type at any point by submitting request through the Service => “Manage Subscription”.

The subscription fee adjustment will be made accordingly, either increased or decreased on a pro rata basis form the date of the modification. The change of subscription will be implemented immediately.

Changes to Your Subscription Fee

We reserve the right to adjust the Subscription fee at any time, ensuring that you receive a minimum of 30 days’ notice prior to any alterations.

Should you find yourself dissatisfied with the updated subscription fees, you have option to terminate your subscription as outlines in “Terminating your Subscription”.

Data Ownership

Data ownership pertains to the legal rights and control associated with data, encompassing its acquisition, storage, utilization, and dissemination. It involves determining who has the authority to access, manage, and leverage the data.

Properteasy.com.au acknowledges that it has no ownership rights to the data and agrees not to claim any ownership interest in the data at any time during or after the service subscription is terminated or cancelled.

Data refers to all information, including but not limited to customer information, property listings, transaction data, and any other data collected or generated by the Account Holder/User.

Properteasy.com.au shall only use the data provided by the Account Holder/User for the purpose of providing services as outlined in the agreement between the parties. Use of data refers to any processing, analysis, storage, retrieval, or manipulation of data by Properteasy.com.au.

Properteasy.com.au shall implement appropriate security measures to protect the data from unauthorized access, use, or disclosure.

Both parties shall comply with all applicable laws and regulations regarding the collection, storage, and usage of data, including but not limited to data protection laws and regulations.

Your Content

You are prohibited from submitting any material or content ("Your Content") through the Services that:

• Infringes upon the Intellectual Property Rights or other rights of another individual.
• Contains defamatory, offensive, abusive, pornographic, profane, or otherwise unlawful material, including content that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability.
• Creates privacy or security risks for any individual, including by soliciting personal information.
• Solicits money from any individual.
• Contains false, misleading, or deceptive information.
• Provides financial, legal, medical, or other professional advice.
• Harms, abuses, harasses, stalks, threatens, or offends others.
• Reflects negatively on us, including our reputation and goodwill.
• Interferes with or alters the operation of the Website and associated applications without authorization.
• Pertains to unlawful conduct, breaches any applicable laws, or could result in civil or criminal liability for You, us, or any third party.

You retain ownership of Your Content (or your licensor retains ownership). By providing us with Your Content, and subject our privacy policy concerning personal information in Your Content, You:

Grant us a non-exclusive, worldwide, royalty-free, perpetual license (including a right of sublicensing) to use, copy, adapt, publish, display, modify, and otherwise utilize Your Content in any form or medium for the purpose of providing the Services and operating our business and you warrant that You have the right to grant such a license.

You agree to indemnify and hold us (including any affiliates, our directors, and contractors) harmless from any claim, loss, expense, or liability arising out of or in connection with any claim made against us by any third party regarding our use of Your Content in accordance with these Terms of Use, including any claim that such use infringes upon their Intellectual Property Rights.

We reserve the right to review Your Content periodically and may, without notice to you, modify, or remove any of Your Content that we reasonably believe violates these Terms of Use.

We also collect and prepare other de-identified and aggregated statistical data related to Your Content, the use of the Services, and the data within them ("Aggregated Data"). You acknowledge that we own all rights to the Aggregated Data and may use and commercialize it as we see fit. We agree not to deliberately cause any Aggregated Data to become Personal Information through data analytics or other means.

If You are transitioning from another property management software platform to the Services to manage Your property portfolio, You may request our assistance in transferring the data related to Your property portfolio ("Data Transfer"). Upon such request, we will provide reasonable assistance in completing the Data Transfer, but You acknowledge and agree that You are responsible for successfully completing the Data Transfer and having all necessary rights to do so.

Limited Warranties and Liability

All implied guarantees, warranties, representations, statements, terms, or conditions related to these Terms of Use and the Services that are not explicitly stated herein are excluded to the fullest extent permitted by law.

Specifically, and without restricting the above statement:

• We do not guarantee that the provision of the Services will be uninterrupted, error-free, or free of viruses or bugs.
• We are not responsible for any loss or damage resulting from failure to backup data or loss of functionality.
• We hold no responsibility for any loss due to your negligence, breach of these Terms, or failure to follow reasonable instructions.
• We do not ensure the security of any information sent via the internet and are not liable for any loss, corruption, or interception of data.
• We accept no liability for the actions or omissions of any User or related to the Services to the fullest extent permitted by law.

Nothing in these Terms of Use limits or modifies any guarantee, term, condition, warranty, or right implied or imposed by legislation that cannot be lawfully excluded or limited. This includes guarantees under the Australian Consumer Law, which protects purchasers of goods and services in certain situations.

If a guarantee, term, condition, or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”), and if we can limit your remedy for a breach of the Non-Excludable Provision, then our liability for such breach is limited to one or more of the following options, at our discretion:

• For goods: replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
• For services: supplying the services again or paying the cost of having the services supplied again.

To the fullest extent permitted by law, we:

• Exclude all liability for consequential or indirect loss, loss of profits, opportunity, goodwill, or business reputation, loss or corruption of data, anticipated savings.
• Limit our aggregate liability for all Claims arising under or in connection with these Terms or the Services in each successive 6-month period from the date of opening of your Account to the Fees paid under these Terms during that 6-month period.

This limitation applies whether for breach of contract, negligence, under statute, or on any other basis.

While we strive for accuracy, the information provided by the Service should not be relied upon as error-free or accurate. We make no representation or warranty as to the timeliness, accuracy, suitability, or completeness of any information or Content provided on or via the Service, and we accept no responsibility for errors or omissions. All information is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.

We do not guarantee that files or programs executed and/or downloaded from the Service or provided via the Service are free from viruses or other malicious code that could damage or interfere with data, hardware, or software, and we are not liable for any such damage or interference.

We use third-party service providers to host and provide the Service, which may be branded as one of our own services. We will not be liable for any interruption to the Services, unavailability, or outage caused by any such third-party service provider.

Both parties must make reasonable efforts to mitigate any loss suffered in connection with these Terms of Use.

Termination of Service

You have the option to cancel your subscription and access to the Services at any time, at your own discretion, through the ‘subscription’ section of the relevant Services. Such cancellation will become effective at the conclusion of the ongoing Billing Period.

The conclusion or termination of your Service, for any reason, does not affect accrued rights or liabilities up to the termination date. No refunds are issued if you cancel your Plan prior to its completion.

We retain the right, at our sole discretion, to decline the provision of Services, close or terminate your Service, end these Terms, and modify or remove content on Service, without incurring any liability to you. If you violate, or we reasonably suspect you have violated, any of these Terms of Use and fail to rectify the breach within 10 days of receiving notice from us, we may immediately suspend or terminate your access to the Services, either temporarily or permanently.

For Subscribers, termination results in immediate cessation of all Service usage and obligation to settle all outstanding Fees and On Costs owed to us. In addition to our other rights to cancel or suspend your access to the Services. After the cancellation of your subscription, we will retain your Content for the period of 30 days. Then, your Content will be permanently deleted.

We reserve the right to temporarily restrict or suspend your Service access (including specific features or by limiting the number of User requests within a designated timeframe) without liability, if:

• Full payment of an issued invoice is not received by the due date, and written notice of such suspension is provided.
• Temporary restrictions or suspension are deemed reasonably necessary to safeguard the security and/or integrity of the Service. This may include emergency maintenance or addressing interoperability, data protection, or other operational or technical concerns. While we aim to provide advance notice of such actions, circumstances may require notice to be provided after the fact.

Access to the Service will be reinstated promptly once the issues leading to the suspension are resolved.

Disputes

Before initiating any court proceedings concerning a dispute arising from or relating to these Terms, a party must first attempt to resolve the matter by meeting with a senior representative of the other party in good faith, unless urgent interlocutory relief is sought, or the dispute pertains to compliance with this provision. If the parties cannot resolve the dispute within 15 Business Days, any party involved may submit it to mediation administered by the Resolution Institute. The mediation must be conducted in good faith and take place in Victoria.

The costs of mediation are to be divided among the parties, although each party will bear its own costs related to the mediation. If the dispute remains unsettled after 20 Business Days from the appointment of a mediator, or any other agreed-upon period, any party involved may escalate the matter to litigation by providing written notice to the other parties.

Force Majeure

Neither party will be liable for any failure or delay in performing any of its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond that party’s reasonable control. This clause does not apply to any failure to pay invoices.

Applicable Laws

These Terms are governed exclusively by the laws of the State of Victoria and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to these Terms of Use.

Definitions

Subscriber means a person or organisation who has subscribed to the Service and is a paying User/Account Holder.

Subscriber Data refers to any information, including Content, as well as any interface, system, or service necessary for transmitting or receiving such Content through the Service. It encompasses data transmitted through the Service, as well as any data accessed or received from your platforms, or other pertinent information technology systems.

Authentication Credentials means the username and password or any other means of authentication which an Invited User uses to gain access to the Services.

Invited User means each person (including Your directors, officers, employees, agents, contractors, service providers and clients) that You invite and/or permit to access and use the Services.

Billing Period is a period refers to a payment that commences with initial subscription and is billed on the monthly anniversary.

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

Services means the online property management application made available via the Website and associated applications.

Intellectual Property Rights encompass all rights related to intellectual property worldwide, arising from or associated with the Services. These rights include those granted by statute, common law, or equity, whether presently existing or arising in the future. This includes patents, patent applications, business names, trade names, domain names, trademarks, copyrights, trade secrets, circuit layout rights, designs, confidential information, know-how, technical information, data, and developments.

Aggregated Data means any de-identified and aggregated statistical data that relate to Subscribe Data and have been collected and prepared by Properteasy.com.au.

Contact Us

For any information, please contact us at admin@properteasy.com.au

Date of this version: 03/03/2024