1. Definitions & Interpretation
Unless the context requires otherwise, words and phrases beginning with a capital letter in these Terms and Conditions have the following meaning:
Advertisement means a listing by a Seller on the Website who wishes to sell Property;
Applicable Laws means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, the Property and any User that you are interacting with are located or which in any way govern or affect the listing and/or sale of Property or a User’s use of the Website;
Intellectual Property means all Website Material and literary, artistic works and other copyright works, processes, designs, and any other platform developed by Proptech, and the source code for the Website and those platforms and any application or right to apply for registration of any of these rights and whether developed before or after the date of these Terms and Conditions in the Commonwealth of Australia or throughout the world;
Loss means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);
our, us and we means Proptech;
Property means any property which a Seller lists on the Website under an Advertisement;
Proptech means Australian Proptech Pty Ltd (ACN 642 599 782);
Seller means a licensed real estate agent, developer or other user admitted to access the “Seller” section of the Website;
Seller Terms and Conditions means the terms and conditions governing access by Sellers to the Website;
Terms and Conditions means these terms and conditions and any additional terms, conditions, notices and disclaimers displayed on the Website;
User means any individual or entity who uses or accesses the Website, including without limitation Sellers; and
Website means http://www.Release.Me including the Website Material and its related services, products, websites, tools and applications.
Website Material means all content and data which make up the Website; and
you and your means a User.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
- a reference to a person includes any other legal entity and vice versa;
- words importing the singular number include the plural number and vice versa;
- a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
- headings are for reference purposes only;
- where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- references to writing include any mode of representing or reproducing words in tangible and visible form, and includes e-mail;
- unless otherwise stated, all references on the Website and in the Terms and Conditions to a monetary amount is a reference to an Australian dollar currency amount; and
- an obligation of two or more parties binds them jointly and each of them severally.
2. Scope of Terms
2.2 Access to the Website is subject to these Terms and Conditions contained herein to the exclusion of anything to the contrary.
2.3 The Website is owned and operated by Proptech.
2.4 A User is deemed to have agreed to be bound by these Terms and Conditions if the User browses Website Material or otherwise accesses the Website.
2.5 Should a User object to any Terms and Conditions, that User should immediately cease all use of, and access to, the Website.
2.6 Proptech reserves the right to amend, vary, alter the Terms and Conditions at any time, by publishing or updating the Terms and Conditions on the Website without notice to the User. Each time the User uses the Website they should revisit the Terms and Conditions as the User’s continued access of the Website constitutes the User’s agreement to the then latest Terms and Conditions published.
3. Previous Dealings
Previous dealings between Proptech and the User shall not have any effect on these Terms and Conditions.
4. Your Account
4.1 To access and use the Website, you may need to register with us and set up an account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your account, even if you do not authorise such activities. You must keep secret and secure all usernames and passwords in relation to the Website and not allow any other person to have access to your account.
4.2 Please contact Proptech immediately if you believe your account with Proptech has been compromised or misused in any way.
5. Use of Website
5.1 The Website is available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. Without limiting the foregoing, the Website is not available to persons under 18 years of age. If you do not qualify, please do not use the Website.
5.2 The Website provides an online introduction service between Users and Sellers, as well as providing information and relevant content in the property industry.
5.3 The User is solely responsible for their information that they transmit through the Website, as Proptech acts as a passive conduit for the distribution and publication of User information.
5.4 The User agrees and acknowledges that by accessing the Website, they will only use the Website for the Website’s intended purpose and must not use it for any purpose that is unlawful or prohibited by these Terms and Conditions.
5.5 The User may not use this Website in a manner which could damage, disable, overburden or impair the Website or interfere with any other Users’ use and enjoyment of the Website.
5.6 The User agrees and acknowledges that access to the Website is limited to general information purposes and the User shall not use, distribute or reproduce the Website Material for any other purpose, whether it be for a commercial or financial purpose.
5.7 Website Material is provided solely for reference purposes. Details supplied on the Website may not be appropriate or correct for the User’s specific circumstances and should not be relied upon and the User warrants that they have not relied upon such information.
5.8 The User acknowledges that any transactions resulting from use of the Website will be with the Seller directly, and will be completely independent from Proptech.
5.9 Any arrangement in relation to a transaction, including a cancellation or refund, must be arranged with a Seller directly. Proptech is not a party to any transaction between a User and a Seller, even if Proptech offers any sort of dispute resolution assistance in its discretion.
5.10 The User’s use of the Website, and the information the User provides to Proptech (including by transmission through the Website), must not:
- be false, inaccurate or misleading;
- be fraudulent or deceptive;
- infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
- violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law or antidiscrimination);
- be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
- be obscene;
- contain comments of a religious, political or social nature;
- contain any viruses or otherwise affect the integrity, operation or security of the Website;
- create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
- damage the credibility or integrity of the Website or Proptech, or dilute, tarnish, or otherwise harm our brand in any way;
- breach or violate any of Proptech’s policies;
- link directly or indirectly to or include anything that:
- the User does not have a right to link to or include, or
- could cause Proptech to violate any Applicable Laws;
- copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;
- use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Proptech endorsement, partnership or otherwise misleads others as to the User’s affiliation with Proptech;
- use the Website in connection with the distribution of unsolicited commercial email (“spam”); or
- “stalk” or harass any other User or Seller, or collect or store any personally identifiable information about any other User other than for the sole purpose of transacting through the Website in compliance with these Terms and Conditions.
6. Advertisements on the Website
6.1 The User may access the Website to view Advertisements and other general information we make available to the User. If the User is interested in Property listed, the User may contact the respective Seller using the form on the Website, phone or any other means accessible through the Website.
6.2 The User acknowledges and agrees that:
- Proptech does not guarantee the completeness, accuracy, currency or reliability of Advertisements. The User must make their own investigation into the accuracy of Advertisements. For example, Proptech does not warrant that:
- the Seller selling the Property has the legal authority to sell that Property;
- the Property is free and clear of security interests (as that term is defined under the Personal Property Securities Act 2009 (Cth)) and other encumbrances;
- the Property is actually in existence; or
- the price stated for Property on the Website is correct;
- any communications entered into between the User and the Seller are done at the User’s own risk;
- Proptech provides a platform only for expressing interest in the purchase of Property and is not responsible for any negotiations or disputes arising as the result of an Advertisement or listing, and is not in any way in partnership or otherwise associated with any Seller or User;
- Proptech is not a party to any arrangement between the User and the Seller. As a result, Proptech has no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
- any Property;
- any information provided by Users and Sellers to each other;
- the ability of the parties to undertake their respective obligations; or
- the fees charged by Sellers;
- Proptech does not have any knowledge of the Property advertised on the Website and therefore Proptech is not responsible for providing advice in respect of any Property in Advertisements. It is the responsibility of the User to ensure that Property is suitable for their intended purpose, are of good quality, and information provided by the Seller is correct; and
- Proptech takes no responsibility for any Seller’s compliance with any Applicable Laws, and whilst Proptech may require Sellers to warrant that they have complied with any Applicable Laws, the Seller may not have actually complied with any Applicable Laws, which may create problems for the User in the future.
6.3 Proptech strongly encourages the User to conduct enquiries and undertake an inspection and due diligence of Property prior to a purchase in order to ensure that information displayed on an Advertisement is accurate.
6.4 Proptech is not responsible for any loss or damage experienced by any User in the event that Property is inaccurately described by a Seller or information is misleading.
7. Access and Termination
Proptech reserves the right, at any time and without prior notice, to remove or disable access to this Website or any part of it for any reason.
8. Intellectual Property
8.1 The parties agree and acknowledge that all Intellectual Property remains the absolute property of Proptech on and from its creation, subject to the rights of any Seller set out under the Seller Terms and Conditions, and that no right, title or interest in any of the Intellectual Property is transferred or granted to the User, except so far as expressly stated in these terms.
8.2 Subject to the User’s compliance with these Terms and Conditions, Proptech grants the User a limited, revocable, non-exclusive, non-transferable license to download and install a copy of any application Proptech develops that is connected to the Website, on each mobile device or computer that the User owns or controls and use such application solely for the User’s own personal use.
8.3 The User acknowledges and agrees that:
- they will not use any Intellectual Property other than for the sole purpose contemplated by the Website and these Terms and Conditions, and they must not use the Website Material, the Website or any related content in a manner which infringes the copyright, moral rights or any other intellectual property rights of any third party;
- they will not copy, reproduce, alter, modify, create derivative works, or publicly display our Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so they must adequately acknowledge Proptech and, in the case of websites, include a link from their website to Proptech’s Website;
- in the event they provide Proptech with any information, they grant Proptech an irrevocable, non-exclusive right to distribute that information in any way that Proptech considers appropriate (provided such distribution is consistent with the purpose of the Website);
- when they provide Proptech with information, Proptech may receive additional related data, such as the time, date and place the User provided the information and Proptech owns that related data; and
- Proptech is not liable or responsible for any loss that the User may experience in submitting information to Proptech or for Proptech’s use of the User’s information in any way Proptech deems appropriate.
8.4 Proptech may in its sole and absolute discretion refuse or remove any information from the Website.
9. Relationship of Parties
Nothing in these Terms and Conditions or the User’s use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Proptech and Users.
10.1 The User warrants that the User:
- has the authority to enter into these Terms and Conditions;
- will monitor and regularly attend to reviewing these Terms and Conditions; and
- will comply with its obligations under these Terms and Conditions.
10.2 The parties agree and acknowledge that any breach by the User of the warranties contained in clause 1 will be considered a material breach of these Terms and Conditions.
11.1 Because Proptech is not a party to any transactions between Users, in the event that a User has a dispute with a Seller, the User releases and holds Proptech (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions entered into by Users and Sellers.
11.2 The User agrees and acknowledges that any of the information contained on the Website including but not limited to the Website Material is not professional, legal, financial, investment or real estate advice or a formal recommendation of any kind.
11.3 Proptech does not have a practice of monitoring or making enquiries about any content provided by a Seller nor does any such content represent any endorsement by Proptech.
11.4 Proptech does not take any steps to confirm the identify of any Sellers. Because Seller authentication on the internet is difficult, particularly in cases of fraudulent or misleading conduct, Proptech cannot and does not confirm nor warrant or guarantee as to each Seller’s purported identity, licences or location. Proptech encourages the User to use the Website as a platform to conduct their own enquiries to vet Sellers to their satisfaction.
11.5 Proptech has no control over the actions of any Seller or other third party featured on the Website and does not make any representations in respect of their ability to provide any goods or services, and is not responsible for any Loss suffered by the User in their dealings with such Sellers or other third parties.
11.6 The User should seek professional advice from suitability qualified professionals regarding the User’s own specific needs.
11.7 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or the User’s use of this Website.
12. Limitation of liability
12.1 The User uses the Website at its own risk.
12.2 To the extent permitted by law, Proptech makes no representation and gives no warranty or guarantee as to the suitability, accuracy, quality, performance or fitness for purpose of the Website (including Advertisements and Property), and any implied warranties and conditions are hereby excluded. Users acknowledge and agree that all such warranties and conditions are excluded.
12.3 To the extent permitted by law, Proptech excludes all liability of any kind, however arising, for any Loss incurred by the User connected with the use of the Website in any way, including without limitation for any defects or errors, inaccuracies or omissions in the Website, Advertisements or Property. Proptech is under no obligation to ensure the Website is up to date and current.
12.4 The User hereby releases Proptech and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by the User or any other person relating to or arising out of the provision of the Website or these Terms and Conditions.
12.5 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise and applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or the User’s use of the Website.
12.6 To the extent that Proptech’s liability for breach of any implied warranty or condition cannot be excluded by law, Proptech’s liability will be limited, at Proptech’s sole option, to the cost of re-supply of the relevant goods or services, or the amount paid by the User to Proptech in the month prior to the liability arising (which may be nil).
The User fully indemnifies and holds harmless Proptech and our related entities, related bodies corporate, officers, directors, agents, and employees, for any loss, claim or damage of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, incurred by the User for any misuse of the Website and the Intellectual Property or for breach of these Terms and Conditions or any policy, or for the User’s violation of any law or rights of a third party, or otherwise arising directly or indirectly from the User’s use of the Website.
Whilst Proptech uses its best endeavours to maintain the security of the Website, Proptech does not guarantee the security of the Website, Proptech’s records, or the User’s information. We disclaim all liability for any computer virus or technological problems that the User suffer as a result of the User’s use of the Website, or any Loss suffered due to any data breach or compromise/misuse of the User’s data that is provided to Proptech in connection with the Website.
Any provision of these Terms and Conditions which is prohibited, void or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of these Terms and Conditions nor does it affect the validity or enforceability of that provision in any other jurisdiction.
16. No Waiver
Proptech’s failure to enforce any provision of these Terms and Conditions at any time or for any period of time will not be construed to be a waiver of such provisions or Proptech’s rights to enforce each and every provision of these Terms and Conditions. A waiver of a power or right shall be ineffective unless it is in writing and signed by Proptech.
17.2 Links to Seller’s websites do not form part of the Website and are not under the control or the responsibility of Proptech. If a User links to a Seller’s website, a User does so at their own risk.
These Terms and Conditions will take effect and be construed in all respects in accordance with the laws of the State of Victoria, Australia. The parties irrevocably submit to the jurisdiction of the Courts of the State of Victoria and Courts competent to hear appeals from them for all proceedings arising in connection with these Terms and Conditions.
19. Survival of Conditions
The provisions of these Terms and Conditions shall continue to apply after the expiration or termination of these Terms and Conditions.
The User agrees that these Terms and Conditions and all incorporated agreements may be assigned by Proptech in its sole discretion without notice. The User may not assign these Terms and Conditions without obtaining Proptech’s prior written consent.
21. No Adverse Construction
The User agrees that these Terms and Conditions may not be construed adversely against Proptech solely because Proptech prepared them.
22. About these Terms and Conditions
These Terms and Conditions are effective as of the date of its publication on the Website.
23. Third Parties
We are committed to regularly reviewing these Terms and Conditions to ensure they contain accurate information and we may amend these Terms and Conditions from time to time without notice to you. You should regularly check our Website for our updated Terms and Conditions.