Terms and Conditions.
Equity Rise (Pty) Ltd. (ABN 124 507 222) (Equity Rise) provides materials, resources, data, reports, commentaries, content, tools and information for property record keeping and management purposes through this Website located at MyPropertyTool.com.au (collectively, Services). The Services are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
1. Services
Access to the Services is permitted on a temporary basis, and we reserve the right to suspend, terminate or amend the Services including any chargeable Service without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services.
2. Subscriptions
(a) To access or use certain features of the Services, you must subscribe to a plan on the Website (Subscription Services). When you subscribe to a plan, you must provide us with your personal information. We will treat your personal information strictly in accordance with our Privacy Policy.
(b) You must:
(i) ensure that any personal information that you provide is correct and current;
(ii) ensure your subscription details are kept secured and confidential;
(iii) not subscribe multiple times;
(iv) not impersonate or make a subscription for any person other than yourself; and
(v) not misuse the Subscription Services.
(c) You agree and acknowledge that in the event that you breach these Terms of Use, EquityRise may suspend or terminate your access to the Services and you are not entitled to any refund for any amounts which were prepaid prior to any termination of your subscription.
(d) You can cancel your subscription at any time by emailing support@mypropertytool.com.au and you will continue to have access to the Services 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.
3. Disclaimer and limitation of liability
(a) You agree and understand that you assume all risks when using the Services, 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.
(b) EquityRise provides materials, resources, commentaries, content, tools and information for property record keeping and management purposes only. The Services are not intended as advice and must not be relied upon as such. You should obtain professional advice tailored to your specific circumstances prior to making any decisions.
(c) EquityRise may provide materials, resources, data, reports, commentaries, content, tools and information prepared by third parties. EquityRise has no control over the materials, resources, data, reports, commentaries, content, tools and information provided by the third parties and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
(d) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, EquityRise make no representation or warranty that:
(i) the Services including but not limited to the materials, resources, data, reports, commentaries, content, tools and information provided by EquityRise is fit for any purpose other than property record keeping and management purposes;
(ii) the Services including but not limited to the materials, resources, data, reports, commentaries, content, tools and information of EquityRise and any third parties is accurate; up-to-date, complete or useful; and
(iii) access to the Services will be uninterrupted and free from error.
(e) To the fullest extent permitted by law EquityRise hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(f) EquityRise will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the provision of the Services.
(g) EquityRise will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(h) This does not affect EquityRise's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
(i) Without limitation to the foregoing, you agree that our maximum liability, if any, arising out of any kind of legal claim or action in any way connected to the Services, to you will be limited to the total amount paid by you (if any) for the Services.
4. Prohibitions
(a) You must not misuse the Services.
(b) You must not:
(i) commit or encourage a criminal offense;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Service; corrupt data; cause annoyance to other users;
(iv) infringe upon the rights of any other person's proprietary rights;
(v) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and EquityRise will report any such breach to the relevant law enforcement authorities and disclose your identity to them. In addition, EquityRise reserves the right to suspend or terminate your access to the Services.
(c) EquityRise will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any material posted on it, or on any Linked Sites.
5. Intellectual property
(a) The intellectual property rights in all materials, resources, data, reports, commentaries, content, tools and information (including photographic images) made available to you on or through this Website remain the property of EquityRise or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by EquityRise and its licensors.
(b) You may store, print and display the content supplied solely for your own personal use but only if you keep all content intact and in the same form as presented (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
(c) 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.
6. Indemnity
You agree to indemnify, defend and hold harmless EquityRise, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Services or your breach of the Terms of Use.
7. Amendments to Terms of Use
EquityRise reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
8. Privacy policy
Our privacy policy, which sets out how we will use your information, can be found at https://mypropertytool.com.au/privacy-policy. By using the Services, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
9. Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by EquityRise. EquityRise has no control over the Linked Sites and makes no warranty or representation as to their accuracy and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
10. Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
11. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with EquityRise and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to EquityRise.
12. Variation
EquityRise has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
13. Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
14. Complaints
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.
15. General
(a) These Terms of Use prevail in the event that anything in, or associated with, the provision of the Services is inconsistent with these Terms of Use.
(b) Any failure by EquityRise to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect Property Director’s right to subsequently enforce that provision.
(c) These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Property Director and supersede any prior versions of these Terms of Use and all other communications whether oral or written, express or implied.
16. Governing Law
These Terms of Use and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.