© PropertyMates Pty Ltd ABN 74 653 684 327 (“Property Mates, We, Us”) provides a platform where users (including property agents) may list and share information, content, materials and resources about the real property to individuals who subscribe to the platform and are interested in purchasing the real property listed by another user of the Platform.
Herein, property agents are referred to as (Agents) and the individual subscribers who use the Platform are referred to as (Subscribers) and together both Agents and Subscribers are referred to as Users (you, yours).
Property Mates owns and operates the Property Mates Website made available at PropertyMates.io (referred to as the Platform).
- We provide the Platform to you.
- You become a User when you register an account with us on the Platform. We may refuse to accept your account registration as a User of the Platform for any reason at our sole discretion.
- All information displayed on the Platform in respect of a property is provided by the Agent User (and not by us) (Content). We do not independently verify the Content and we make no promise about the accuracy of the information provided or the benefit to be derived from using such Content.
- We are not responsible for any communication, interaction or relationship between you and any other User of the Platform, whether or not it occurs on the Platform or by another means.
- We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
2. Your use of the Platform
- You warrant that you are at least 18 years old.
- You must:
- ensure that any information you provide to us is true, accurate and complete;
- promptly follow all directions from us in respect to your conduct in connection with the Platform;
- familiarise and follow any of the policies published by us at all times in connection with the Platform;
- at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;
- comply with all applicable laws and regulations when using the Platform; and
- bear all costs and expenses related to your use of the Platform.
- You must not, in relation to your use of the Platform:
- misuse the Platform;
- allow others to access or use your account or share your log in or password with others;
- impersonate others;
- use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- post Content, reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
- reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform; or
- except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform.
- You are solely responsible for all activities that occur on your account on the Platform. We will not be liable for any loss or damage arising from or related to activities on your account.
3. Subscriptions, Fees, and Payments
- All fees and charges will be payable by you on an on-ongoing monthly subscription basis and will depend on your subscription. We retain the right to vary our subscription fees from time to time.
- We will engage a third-party payment facilitator to enable you to pay for the monthly subscription fees without us collecting your payment details. In order to receive payment, you will be required to set up an account with the third-party online payment facilitator as it will be through this account that you make payments. We are not responsible for and make no promise about the quality of the payment facilitator or the benefit to be derived from use of the payment facilitator’s services.
- We will send you an invoice or payment confirmation when you pay the fees. Unless otherwise specified the invoice will be sent to the email address specified when you registered on the Platform.
- If sufficient funds are not available at the time you are required to make payment, we reserve the right to charge you a late fee. This will also be considered a late payment and deemed a breach of contract and thus we have the right to suspend or terminate your use of the Platform.
- You may cancel your subscription at any time by logging into your profile on the Platform and selecting to terminate your account. You will continue to have access to the Platform through to the end of your billing cycle. To the extent permitted by law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods.
- Any fees paid by you are not refundable. For further details about payments, refunds and subscription fees see our payments policy.
- All fees are inclusive of GST.
This section applies if you are an Agent:
- You warrant that you are authorised to publish the Content
- If you create and publish Content on the Platform you hereby authorise and consent to Subscribers accessing and viewing your Content. You also represent, warrant and undertake that for each piece of Content:
- you own or have obtained a licence to the Content;
- you have obtained all rights, licenses, written consents and releases that are necessary for the use of any third-party rights which subsist in the Content; and
- your Content is non-confidential and will be made available to Users.
- We reserve the right to remove any Content at any time that in our opinion, is incorrect, illegal, defamatory, offensive, obscene or contrary to the business interest, goodwill or reputation of Property Mates.
- You hereby acknowledge and agree that you are solely responsible for any Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- You agree to indemnify, defend and hold us (and each of our officers, employees and agents) harmless against any loss, liability, damage, cost (including legal costs on a solicitor and own client basis) and other outgoing incurred or arising in connection with your Content.
- Using the Platform will require you to provide us with and information about yourself and other information which is not personal information (Data).
- You grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Platform, improve the Platform functions, share the Data with third-parties and for our own records.
- We may make the Data available to other companies, organisations or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data that you submit on the Platform. You should only submit Data on the Platform that you are comfortable sharing with others in accordance with these terms and conditions.
6. Intellectual Property
- You acknowledge that we retain exclusive ownership and control of the intellectual property rights in the Platform and any materials provided by us to you in connection with the Platform.
- You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform the any general suggestions, enhancement requests, recommendations or other feedback provided by you.
- You may store, print and display the content supplied solely for your own personal use.
- You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
7. Intellectual Property
- You acknowledge and agree that Property Mates provides a Platform on which you may access Content to allow you to discuss, reflect and make decisions about real property and that Property Mates is not responsible for and has no liability to you in respect of the validation, implementation and operation of any of the outcomes arising from the Content.
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Platform and/or in our marketing material is provided without any guarantees, conditions or warranties as to its accuracy.
- We are not liable to your (or any other person) for any indirect loss arising from a breach of these terms and conditions.
- For the purposes of this clause Indirect Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss resulting from data breach, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
- You agree to indemnify, defend and hold us (and each of our officers, employees, contractors and agents) (together, the Indemnified Persons) harmless against any loss incurred or arising in respect of the death or illness of, or personal injury to, any individual in connection with provision of the Platform, except to the extent such loss arises from our negligence or wilful misconduct.
- You acknowledge and agree that you assume all risks when using the Platform, including without limitation any and all of the risks associated with any online or offline interactions with other users and all risk for any damage to your computer system or loss of data.
- The Platform is not intended as professional or financial advice and must not be relied upon as such. You should obtain professional and financial advice tailored to your specific circumstances prior to making any decisions.
- We do not independently verify the information provided by each User and we make no promise about the accuracy of the information provided or the benefit to be derived from using such information. You will need to take this into account when forming your own view about relying on the Content and other information on the Platform and the extent to which you need to verify the accuracy and completeness of the Content and information from other sources.
- We are not responsible for any communication, interaction, relationship or transaction between you and any other users of the Platform, whether or not it occurs on the Platform or by another means.
- While we take all due care in providing the Platform, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
- We take reasonable care in ensuring that any material we provide to you is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.
- As the Platform is provided online over the internet, we are not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the training session.
- We will, to the best of our ability, ensure the Platform is available for access at all times but are not responsible if you are not able to access the Platform as a result of:
- us undertaking preventative or remedial maintenance; or
- as a result of any circumstances beyond our control.
9. Termination and Suspension
- If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure. In this case we will have no liability to:
- Agents for any monthly subscription fees that may have been received and do not result in provision of your Content to the Subscriber as a result of the Closure; or
- Subscribers who may have subscribed for a Agent and did not receive the Content from that Agent.
- The Platform and the information we provide to you as part of the Platform contains links to other websites, including the websites of third-party providers. These are provided for convenience only.
- We have no control over or responsibility for anything on those websites.
- Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide, (including their services).
- We reserve the right to withdraw linking permission without notice.
- We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
- Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of providing the Platform.
16. Governing Law