The Network is owned and operated by iProperty Express Pty Ltd ABN 81 165 506 678 (iProperty Express). All references in these Terms to “we”, “our” or “us” means iProperty Express, its associates and its related bodies corporate. All references in these Terms to “you” means a User.
We encourage you to read these Terms carefully. By accessing or using the Network in any way or applying for an Account with us, you acknowledge and confirm that you have read and understood these Terms and agree to abide by these Terms. If you do not agree to any of the Terms, you must not use the Network.
By accepting these Terms, you also:
- warrant to us that you are at least 18 years old, have the legal capacity to enter these Terms and have read and understood these Terms.
2. Nature of Services
We are providing you with access to our Network in accordance with these Terms.
We may offer to provide you with additional services, including beta or pre-release features and services, from time to time, at your sole discretion and risk.
We only charge Fees to Users who are Subscribers who have signed up to a Plan with us. Landlords and tenants are able to access the Network for free at the instigation of a Subscriber.
Account means an online account made available to a User to access our Network and our services.
Claim means, in relation to any person, a damage, loss, cost, fine, penalty, expense or liability incurred by the person or a claim, action, proceeding or demand made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent.
Content means any information or material of any kind published or made available to us in connection with our services and the Network (including material provided by a User for publishing on the Network including, without limitation, text, graphics, data, images, business, company or trade names, domain names and trademarks, whether registered or unregistered, and all information, documents and other data provided by you to us, and any content uploaded by you or otherwise accessed by us in us providing the services or the Network).
Fees means the fees payable to us by a Subscriber to use our services via the Network in accordance with the Plan chosen by a Subscriber.
Force Majeure means any event or circumstances beyond the reasonable control of us including any fire, lightning strike, flood, earthquake, natural disaster, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent that it:
- would be unreasonable to expect us to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan
- results in us being unable to perform an obligation under these Terms on time.
IPR has the meaning in clause 10.
Order Form means a document between us and a Subscriber that sets forth, among other things, the Plan and which, where applicable, is incorporated herein by reference with respect to the applicable Subscriber.
Plan means the applicable plan chosen by a Subscriber to access certain features in exchange for the Fees and may be for a fixed or rolling period.
Subscriber means a person or organisation who has submitted an Order Form and is a paying User.
Term means the period from application for an Account by a User until termination in accordance with clause 15.
User includes a person or organisation who is a user of or benefits from the services and includes but is not limited to Subscribers.
4. Licence to Use Network
We grant Users a limited, revocable right to access and use the Network to access the services.
Except as permitted under these Terms and applicable laws, no part of the Network may be otherwise reproduced, adapted or transmitted in any form by any process without our specific written consent.
We will provide a confirmation of Account registration when you register for an Account. It is your responsibility to keep your Account details up to date and confidential. You are liable for all activity on your Account.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorised use of your Account, you agree to inform us immediately via the contact form on our website.
5. User Dealings with Subscribers via the Network
Subscribers have access to our software as a service, which is a tool that provides certain features to them in exchange for paying us Fees in accordance with their Plan.
We are not an agent for any Subscriber and we have no responsibility for and no liability whatsoever in respect of the conduct of any Subscriber.
We allow all Users to post Content on the Network. You agree in posting Content to follow certain rules and that you are responsible for all Content you submit to the Network.
You agree that we may use your Content to enable us to provide our services and you grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use your Content to enable us to provide our services. Any Content you provide will be considered as having been voluntarily submitted for use by us and as non-confidential and non-proprietary information and we are free to use such information on the Network and otherwise at our sole discretion to enable us to provide our services, without liability or compensation to any person or entity.
You may not post or transmit any Content which is libellous or defamatory, or which discloses private or personal matters concerning any person if you do not have their consent. You may not post or transmit any Content that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any Content that would violate the rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Network, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Network, deleting or revising any Content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Network infrastructure or that negatively affects the availability of the Network service to other Users.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Network is prohibited.
7. Subscriber SaaS Terms
We grant Subscribers a non-exclusive, non-transferable (except as otherwise permitted herein), personal, revocable, worldwide licence to access and use our services and the Network in accordance with the number of properties we may specify in their Plan. If the number of properties is exceeded, we may upgrade your Plan.
Subscribers must, at their own expense:
- provide all reasonable assistance and cooperation to us in order to enable us to supply our services and respond to User requests in an efficient and timely manner including but not limited to obtaining from Users all consents necessary to allow the Subscriber to engage in the activities described in these Terms so as to allow and enable us to provide our services
- use reasonable endeavours to ensure the integrity of all Content supplied to us
- ensure that only the designated Subscriber User accesses and uses our services via their Account and
- make any changes to its systems that may be required to support the delivery and operation of any services and use of the Network.
Subscribers are responsible for their use of the services and the Network and must ensure that no person uses the services, the Network or their Account:
- to break any law or infringe any person’s rights including but not limited to IPR and privacy
- to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted or
- in any way that damages, interferes with or interrupts the supply of the services or Network.
Subscribers acknowledge and agree:
- its use of the services and Network will be at its own risk
- it is responsible for maintaining the security of its Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
- downgrading your Plan may cause the loss of content, features, or capacity of your Account. We do not accept any liability for such loss
- we may alter or update your logins and passwords at any time
- it is responsible for all Content posted and activity that occurs under its Account. This includes Content posted by others who have logins or accounts associated with your Account
- if you operate a shared account and make (or allow any third party to make) material available by means of the services or the Network (including shareable links), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code
- the technical processing and transmission of the service and Network, including your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Subscribers acknowledge and agree that they must not:
- introduce malicious programs into the Network (e.g. viruses, worms, trojan horses, e-mail bombs)
- send any unsolicited email messages through or to Users in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages, or use the services in breach of any person’s privacy (such as by way of identity theft or “phishing”) and
- use the services to circumvent user authentication or security.
Subscribers must not access or use the services except as permitted herein and in accordance with their Plan and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with these Terms. Without limiting the foregoing provisions, Subscribers agree and acknowledge that they must not and will not permit any person to:
- resell, assign, transfer, distribute or provide others with access to the services
- “frame”, “mirror” or sever any of the services on any web server or other computer servers over the internet or any other network
- copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the services (except as expressly permitted by the Copyright Act 1968 (Cth)) or
- alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification used on or in relation to the services or the Network.
Subscribers must not use the services in any way which is in breach of any statute, regulation, law or legal right of any person.
Subscribers acknowledge and agree that:
- any collation, conversion and analysis of Content performed as part of the services is likely to be subject to human input and machine errors, omissions, delays and losses including but not limited to any loss of data. We are not liable for any such errors, omissions, delays or losses
- we are not responsible for any corruption or loss of any data and
- we are not responsible for the integrity or existence of any Content.
We will provide support services to Subscribers, provided that:
- we are provided with notice in accordance with any applicable system and processes as applicable and
- where required, the Subscriber assists with investigating and ascertaining the cause of the fault and provides to us all necessary information relevant to the fault (including but not limited to what the Subscriber has done in relation to the fault).
8. Subscriber Fees
Subscriber must pay us all Fees due and owing to us, without set off or delay via the payment methods specified on the Network in advance of the next Plan billing cycle.
If your Plan requires you to provide us with credit card details, you authorise us to charge our Fees to your credit card in accordance with your Plan.
For any upgrade or downgrade in Plan level that a Subscriber requests, Subscribers will be charged the new Fee at our discretion, which may be either on the change being put into effect by us and their next Plan billing cycle.
All Fees are GST exclusive. If you are located outside Australia you will not be charged GST. You are responsible for all taxes, levies, or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of all such taxes, levies, or duties. We have no responsibility to pay taxes, levies or duties on your behalf.
The Fees are subject to change upon 30 days’ notice from us to you and will apply to the next Plan billing cycle. Such notice may be provided at any time by posting the changes on our Network, via email or via a notification. If a Subscriber does not agree to the Fee change, it may terminate this Agreement in accordance with clause 15. The Subscriber’s continued use of the services or the Network after the effective date of the notice shall be deemed to constitute acceptance of such changes.
If a Subscriber is subject to a free trial period or other promotional discount or benefit (Promotional Offer), we reserve the right to offer, withdraw, change, cancel or determine its eligibility for any Promotional Offer in our absolute discretion. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms. We will commence billing your Fees at the end of the free trial period, unless you cancel your Plan before the end of the free trial period and in accordance with these Terms.
If any payment has not been made in accordance with the Plan terms, we may (at our absolute discretion):
- immediately cease providing the services, and recover as a debt due and immediately payable from the Subscriber our costs of doing so
- charge interest
- engage debt collection services and/or commence legal proceedings in relation to any such amounts and/or
- report the Subscriber to any independent credit data agencies.
We may suspend overdue accounts without notice to the Subscriber.
9. Intellectual Property
All intellectual property rights in all know how, software, materials and methodologies used in providing or incorporated into the services or the Network (collectively the “IPR“), including but not limited to text, drawings, photographs and page layout, are owned by us or used under licence.
- must not to copy, alter, modify, reproduce, reverse-engineer, derive or develop any IPR or any part of them or attempt to do any of those things
- grants us a licence to use, reproduce, publish, modify, translate, adapt and otherwise exploit Content for the purpose of providing the Services to themselves and to other Users
- agree that we may place any Content about said User on any third party websites or infrastructure or supply to third parties any Content in order to offer our services or the Network through a different website or through a partner organisation.
10. Third Party Websites and Information
The Network may contain links to third party information. Such content and links are not owned, operated or maintained by us nor are they affiliated or associated with us in any way, unless indicated by us.
We are not responsible for the content of any third party information or User Content appearing on the Network or any third party sites linked to the Network. Such information, advertisements or links are purely for information purposes only and are not endorsements by us as to the quality, accuracy or completeness of the data, information or sites.
If you decide to access any of the third party websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, we accept no liability or responsibility for the actions or omissions of Users or linked sites in relation to the content contained therein.
11. User’s Rights Against Us
We exclude to the fullest extent permitted by law all rights, remedies, guarantees, conditions and warranties of or in favour of any User and in particular:
- we do not warrant that provision of the services or the Network will be free of delays, uninterrupted, error free or free of viruses or bugs
- we will have no responsibility or liability for any loss or damage as a result of any failure to backup data or loss of functionality
- we will have no responsibility for any loss caused by your negligence, breach of these Terms, or failure to follow reasonable instructions
- we do not guarantee the security of any information sent via the internet and are not responsible for any loss, corruption or interception of data and
- we accept no liability or responsibility for the actions or omissions of any User or in relation to the services or use of the Network
as far as is lawfully possible.
If any term, condition, warranty or guarantee is implied or imposed into these Terms and cannot be excluded, then to the extent permitted by law our liability to you for a breach of the implied term, condition, warranty or guarantee will be limited as determined by us in our sole discretion to:
- in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods and
- in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
To the fullest extent permitted by law, we:
- excludes any and all liability for any consequential or indirect loss, or any loss of profits, loss of opportunity, loss of goodwill or business reputation and
- 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,
whether for breach of contract, in tort (including without limitation negligence), under statute or on any other basis.
While we take all reasonable care to include accurate and up-to-date information on the Network, the information provided should not be relied upon as being error free or accurate and we make no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information or Content provided on or via the Network, nor do we accept any responsibility arising in any way 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 Network or provided via the Network are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and we are not liable for any such damage or interference which may be suffered in connection with use of the online services.
We do not guarantee the security of any information sent to the Network via the internet and such information is sent at the transmitter’s own risk.
We use third-party service providers to host and provide the Network, which may be branded as one of our own services. We will not be liable for any interruption to the services, unavailability or outage, or any interruption, unavailability or outage caused by any such third-party service provider.
12. Changes to the Network and the Services
We reserve the right to revise, change, modify or delete the content of any part of the Network, including the services available through the Network, at any time in our sole discretion and without prior written notice.
We reserve the right to revise, change or modify these Terms at any time by posting new Terms on the Network. You are bound by any such revisions and should therefore visit the Terms each time you visit the Network to review the current Terms by which you must abide.
14. Term and Termination
These Terms apply upon application by a User for an Account.
We reserve the right to refuse supply services, terminate or close your account, terminate these Terms, and remove or edit content on the Network at our sole discretion, without incurring any liability to you.
Users may terminate their Account at any time by following the prompts to do so on the Network and/or contacting us to request we close your account.
If you are a Subscriber, then upon termination you will immediately:
- cease and desist from any use of the services
- pay all Fees due and owing to us.
The expiry or termination of your Account for any reason will be without prejudice to any rights or liabilities which have accrued prior to the date of expiry or termination of your Account or these Terms. No refunds will be given if you cancel your Plan before the end of its term.
A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute (unless that party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause). If the relevant parties are unable to resolve the Dispute with 15 Business Days, any party involved in the Dispute may (by written notice to the other parties) submit the Dispute to mediation administered by the Resolution Institute, with such mediation to be conducted:
- in good faith;
- in Victoria.
The costs of mediation are to be split between the relevant parties, provided that each party will bear its own costs in relation to the mediation.
If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the parties, the Dispute may be referred by any party involved in the Dispute (by written notice to the other parties) to litigation.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.
Each User warrants and represents that it has not relied on any term, undertaking, inducement or representation made by, or on behalf of, us which has not been expressly stated in these Terms.
Except as otherwise agreed in writing, these Terms and the Order Form consist of the entire agreement between Users and us and supersedes any prior agreement covering the same subject matter and any prior written or oral representations.
Any failure or delay by a party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that party from exercising that power or right or any other power or right. A waiver must be in writing.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
If performance of these Terms or any obligation under these Terms is prevented, restricted or interfered with by reasons of Force Majeure and we are unable to carry out our obligations we will give you prompt written notice of such event, then our obligations shall be suspended to the extent necessary by such event. We will use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on our performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.
17. 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.
18. Contact us
For any questions, please contact us at:
Address: P.O. Box 688, Greensborough, VIC 3088
Telephone: 1300 901 688
Email: [email protected]
Last update: 24 December 2020