1. Terms of Use

  1. In these Terms of Use, “we”, “us” and “our” means PropertyMe Pty Ltd of Level 22, One Wharf Lane, 171 Sussex Street, Sydney NSW 2000.  Please read these Terms of Use carefully as they apply to Your use of the Services.  By accessing or using the Services You agree to be bound by these Terms of Use. 
  2. We may revise these Terms of Use from time to time, and we will endeavour to provide You with at least 30 days prior notice when we do so.  Such notice may be displayed on the Website (or associated application) and/or sent to Your registered email address. By continuing to use the Services after the expiry of that notice period, you agree to any amendments to these Terms of Use.  If you do not wish to agree to any amendments to these Terms of Use, you can cancel your subscription at any time in accordance with clause 6(a).
  3. Our privacy policy (located here: www.propertyme.com.au/privacy) is incorporated into these Terms of Use and may be updated by us from time to time.
  4. The Website is intended for users within Australia and New Zealand only.
  5. Capitalised terms used in these Terms of Use are defined in clause 16.

2. Access to Services

2.1. General

  1. You must pay for the Services in the manner specified in these Terms of Use and as described on the Website or associated application.
  2. Subject to You paying the Subscription Fee, we:
    1. will provide our Service to You in accordance with these Terms of Use and all laws applicable to us; and
    2. grant You a limited, non-exclusive, non-transferrable right to access and use the Services, according to Your subscription type, strictly for Your internal business purposes in accordance with these Terms of Use.

2.2. Registration

  1. In order to be able to access the Services, You must complete Your registration details in the manner required on the Website or the associated application.  You must ensure that Your registration details are true and accurate at all times, and You must notify us of any change to Your registration details as originally supplied.  You must promptly comply with all requests for documentation and information we make relating to your use of the Services.
  2. Upon registration, we will send You an email which contains a link which will take You to a page where You will be able to enter a password and activate Your account.
  3. You must keep Your password confidential and private, and not disclose it to, or share it with, any other person.  If You have lost or forgotten Your password, or You have reason to suspect any unauthorised use of Your password, You must immediately reset Your password on the ‘login’ page of the Website (or associated application).
  4. You acknowledge and agree that we are entitled to treat the actions of any person who accesses and uses Your account using Your password as being authorised by You. We are not liable for any loss or damage which You or any of Your Invited Users incur in connection with any failure by You to use a complex password or to utilise any security feature of the Services (such as multi-factor authentication or account change alerts). 

2.3. Trial

  1. When You first sign up for access to the Services, You are permitted a no-obligation, time-limited trial of the Services (or a component of the Services) under the defined trial usage conditions notified to You.  Such trial usage conditions are incorporated into, and form part of, these Terms of Use.
  2. If You then choose to continue using the Services, You will be invoiced from the day You first add Your billing details into the Services. If You choose not to continue using any of the Services, You may delete Your account in the ‘subscription’ section of the relevant Services.

2.4. Invited Users

  1. From time to time, You may request Authentication Credentials to provide Invited Users with access to the Services.
  2. You may provide Authentication Credentials to Invited Users through a system or third party application (an “Authorised System”).  If You use an Authorised System, or Your Invited Users access the Services via an Authorised System, You will ensure there is a mechanism through which we can accurately identify the date, time and identity of the Invited User accessing the Services.
  3. We may, from time to time, change and/or reset any Authentication Credentials by written notice to You.
  4. In relation to any of Your Invited Users:
    1. You determine who is an Invited User and the level of access to the Services of that Invited User;
    2. You are responsible for the use of the Services by you and Your Invited Users (which includes ensuring Your Invited Users are aware they must comply with these Terms of Use), and You will be liable for the acts and omissions of any Invited Users as if they were Your own acts or omissions;
    3. You are responsible for resolving any dispute between You and an Invited User regarding access to the Services;
    4. we may contact any Invited Users in accordance with these Terms of Use (including our privacy policy), and You must ensure that You have obtained any consents necessary for us to do so;
    5. You will not transfer or allow to be transferred Authentication Credentials between or amongst Invited Users or other individuals or systems, and You must take all reasonable steps to ensure that Authentication Credentials are not transferred;
    6. You will conduct regular checks to ensure the integrity of all issued Authentication Credentials;
    7. You will periodically reset Authentication Credentials to the extent reasonably required by us; and
    8. You will immediately notify us and take immediate steps to disable an issued Authentication Credential if:
      1. an Invited User ceases to be employed by, contracted to, or otherwise authorised by You to use the Services;
      2. any Authentication Credentials are lost, stolen, missing or otherwise compromised; or
      3. You become aware of any breach of these Terms of Use by an Invited User, in which case the Authentication Credentials will be suspended until such time the breach is remedied to our satisfaction.
  5. Any third party who provides or develops technology-based goods or services (whether to you or to others) may not be an Invited User, without our written consent.  You must not make any such person Your Invited User without our written consent.

2.5. General restrictions

In using the Services, You must not:

  1. provide us with inaccurate or incomplete information or impersonate any person or entity;
  2. violate any applicable laws, or use the Services for any purpose that is unlawful;
  3. distribute viruses, spyware, malware, corrupted files, traps, time bombs, disabling code or any other similar software or programs that may damage the operation of any network, computer hardware or software;
  4. collect or store data about other users of the Services;
  5. send spam or unsolicited messages or other communications;
  6. breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, regulator or any communications network services provider;
  7. support or carry any emergency calls to any medical rescue, emergency, or law enforcement agency, service or provider of any kind; or
  8. engage in any other conduct that is improper or bring us or the Services into disrepute.

2.6. Support

  1. Whilst we endeavour to make the Services available at all times, Your access to the Services may be affected by our network or equipment capacity, connection availability, scheduled or unscheduled downtime for maintenance or development purposes, interruptions which generally affect the internet, or other reasons referred to in paragraph (e).  If interruptions or errors occur due to circumstances within our control, we will try to resolve them in a timely way in order to restore Your access.
  2. If You experience any technical problems, You must make all reasonable efforts to investigate and diagnose such problems before contacting us.  If You still need technical help, please check the support provided on the Website, or failing that email us at [email protected].
  3. We may monitor your use of the Services at any time without notice and we may impose reasonable usage limitations on support services from time to time, at our discretion.  We reserve the right to refuse to provide support services (or require You to pay an additional fee, to be agreed with You, for certain support services), if:
    1. we consider that any support requests are frivolous, exceed reasonable volumes or are in respect of technical problems or other queries which we have already resolved;
    2. support requests relating to balancing or reconciling, or issues already covered by the support on the Website; or
    3. we consider that any support request is actually a request for specific training in connection with Your use of the Services.
  4. We may suspend or cancel Your access to the Services, either temporarily or permanently, with immediate effect by providing notice to You, if You are abusive or act improperly towards us or any of our directors, officers, employees or contractors in relation to Your use of the Services or any support requested under this clause.
  5. We may also temporarily limit or suspend access to the Services, with immediate effect, where it is reasonably necessary (including for security, maintenance or public safety reasons, or if there are interoperability, data protection or other operational or technical reasons), and where practicable we will notify You in advance. We will reinstate Your access to the Services as soon as reasonably possible after the circumstances giving rise to the suspension have been rectified.

2.7. Variation

We may from time to time, and we will endeavour to provide You with at least 14 days prior notice when we do so, vary, modify or discontinue, temporarily or permanently, any or all of the Services or the features and/or functionality of the Services.  If You are not happy with any such changes to the Services, You may terminate Your subscription in accordance with clause 6(a).

3.1. Subscription Fees

3.1. Payment

  1. You agree to pay the Subscription Fees to use the Services in accordance to Your Subscription Type.  All Subscription Fees are:
    1. in Australian dollars and inclusive of GST;
    2. are payable monthly in advance for each monthly period commencing on the date of Your registration and each monthly anniversary thereafter (each a “Billing Period”); and
    3. non-refundable (unless otherwise specified in these Terms of Use).
  2. A surcharge may apply for the use of certain credit cards, in which case You will be notified at the time You enter Your credit card details.
  3. If Your credit card payment is not successfully processed on the first attempt, we will automatically retry four times over a 1 week period before we terminate or suspend Your access to the Services under clause 6(c).
  4. A fee may apply if Your payment is dishonoured or disputed and You are unable to resolve the dishonour or dispute with Your credit card provider or bank.

3.2. Invoices

  1. Invoices will be issued monthly, after we have successfully processed Your payment from Your credit card, for the Subscription Fee for the following Billing Period.
  2. All invoices will be sent to the email address of Your billing contact whose details are provided by You, and will also be available within the ‘subscription’ section of the relevant Services.

3.3. Changing Subscription Types

  1. You may subscribe for any Subscription Type and You may request to change Your Subscription Type at any time by making a request via the relevant Services.
  2. If You need to change Your subscription (for example, to move from one Subscription Type to another, or to increase Your permitted Active Properties), You must do so prior to the effective date of the change. The changes will take effect immediately.
  3. The Subscription Fee payable by You for the relevant month in which the change to Your subscription takes place will be increased or decreased (as applicable) on a pro rata basis from the date of the change.

3.4. Special Pricing

  1. At our discretion, we may offer special pricing or discounts on the Subscription Fees for You, for example due to the number of properties that You have added to the Services, or as a result of Your use of the Services for an agreed minimum term (“Special Pricing”).
  2. To be eligible for Special Pricing, You must accept responsibility to pay the Special Pricing in accordance with any additional terms agreed with You (which additional terms will be incorporated into, and form part of, these Terms of Use).
  3. Without limiting our rights under these Terms of Use or at law, in the event that any invoices for Special Pricing are not paid in full by the due date, we may render invoices for the full (non-discounted) Subscription Fees payable according to Your use of the Services, or suspend or terminate Your use of the Services in accordance with clause 6(b).

3.5. Changes to Subscription Fees

  1. We may change the Subscriptions Fees at any time by providing You with at least 30 days notice.
  2. If You are not happy with any such changes to the Subscription Fees, You may terminate Your subscription in accordance with clause 6(a).

4. Your Content

  1. You must not provide any material or content through the Services (“Your Content”) that:
    1. infringes the Intellectual Property Rights or other rights of another person;
    2. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material 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; 
    3. creates a privacy or security risk to any person, including by soliciting personal information from any person;
    4. solicits money from any person;
    5. is false, misleading or deceptive;
    6. contains financial, legal, medical or other professional advice;
    7. would harm, abuse, harass, stalk, threaten or otherwise offend;
    8. would reflect negatively on us, including our goodwill, name and reputation;
    9. tampers with, hinders the operation of, or makes unauthorised modifications to the Website and associated applications; or
    10. relates to unlawful conduct, would breach any applicable laws, or would otherwise result in civil or criminal liability for You, us or any third party.
  2. You retain (or your licensor retains) ownership of Your Content. By providing us with any of Your Content, and subject to clause 13 and our privacy policy in relation to personal information in Your Content, You: 
    1. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sub-licence) to use, copy, adapt, publish, display, modify and otherwise do and authorise the doing of all acts comprised in the copyright in Your Content in any form or on any medium, for the purpose of providing the Services and operating our business; and
    2. warrant that You have the right to grant such licence.
  3. You will indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from and against any claim, loss, expense or liability suffered or incurred by us, arising out of or in connection with any claim made against us by any third party arising out of our use of Your Content in accordance with these Terms of Use, including that such use infringes their Intellectual Property Rights.
  4. We may review Your Content from time to time and may, without notice to you, modify or remove any of Your Content that we reasonably believe violates these Terms of Use.
  5. 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 right, title and interest in the Aggregated Data, and we may use and commercialise any Aggregated Data as we see fit.  We agree not to take any steps (whether through data analytics or otherwise) which will deliberately cause any Aggregated Data to become Personal Information.
  6. If You are moving from using another property management software platform to manage Your property portfolio to using the Services, You may request our assistance in migrating the data relating to Your property portfolio from that property management software platform to the Services (“Data Transfer”). Following such request, we will provide You with reasonable assistance in completing the Data Transfer, but You acknowledge and agree that You will be responsible for successfully completing the Data Transfer and having all necessary rights to complete the Data Transfer.

5. Infringing or objectionable content

If You believe the Services contain elements that are objectionable, or infringe copyright or any other rights, please contact us at [email protected], and provide particulars of such content and a detailed description of why it is objectionable or infringing.

6. Suspending or cancelling access

  1. You may cancel Your subscription and access to the Services in your sole discretion for convenience at any time in the ‘subscription’ section of the relevant Services.  Such cancellation will take effect at the end of the then-current Billing Period.
  2. We may cancel Your subscription and access to the Services at any time by giving You at least 60 days prior notice if, in our sole discretion, continuing to provide the Services to you is no longer commercially viable.
  3. We may immediately suspend or cancel Your access to the Services, either temporarily or permanently, if You breach, or we reasonably believe You have breached, any of these Terms of Use and you fail to remedy that breach within 7 days of receiving notice from us requesting you to do so.
  4. Without limiting any other provision in these Terms of Use (including our rights to cancel or suspend Your access to the Services), following the cancellation of your subscription, we will retain Your Content and provide you with read-only access to the Services for You to extract Your Content for at least 30 days after the effective date of such cancellation.  However, due to the nature of the Services, we will not be able to extract Your Content for You or otherwise provide You with any other means to extract Your Content.

7. Accuracy of information

  1. All Services are provided in good faith.  We derive our information from sources which we believe to be accurate and up-to-date.  We nevertheless, to the extent permitted by applicable law:
    1. do not guarantee the information contained within the Services is reliable, accurate, up-to-date or complete, or that Your access to that information will be uninterrupted, timely or secure;
    2. do not give You any assurances that any information contained in the Services will meet Your requirements or be suitable for Your purposes;
    3. reserve the right to update any information contained in the Services at any time; and
    4. do not accept responsibility for loss suffered as a result of Your reliance on the accuracy of information contained in the Services.
  2. The Services are not designed or intended for use (and must not be relied on) as a substitute for accounting, legal or any other advice, including in relation to relevant property and real estate laws and legal requirements, investment reporting, compliance or other associated matters.  We do not warrant that Your use of the Services will make You compliant with the relevant laws that affect You or Your business.  You must not rely on any information or its availability, and You must make Your own independent assessments with the aid of qualified independent advice.
  3. The Services do not constitute the provision of ‘personal advice’ or ‘general advice’ as those terms are defined in the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth).
  4. Some of the information on our Website or associated applications may be provided by third parties, including Bing Maps, Google Maps, Dynamic Methods Pty Ltd, Proviso Pty Ltd and Xero Limited (“Third Party Data”).  While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete. 
  5. Third Party Data is provided to You without taking into account the objectives, financial situation or needs of any individual.  You are advised not to rely on the Third Party Data in any way as the basis for entering into any commercial, financial or other transaction.  Before making any investment decision, an individual should consider the appropriateness of the advice to their circumstances, and obtain specific financial, legal and taxation advice.
  6. While every effort has been made to show as accurately as possible the colours of any content forming part of the Services, we cannot guarantee that Your computer monitor will display the colour of such content accurately.
  7. The material provided and views expressed by other users of the Services are the materials of those users and are not ours.

8. Specific warnings and disclaimers

  1. You must only use the Services for lawful purposes, and ensure that Your access to the Services is not illegal or prohibited by laws which apply to You.
  2. You must take Your own precautions to ensure that the processes which You employ for accessing the Services does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your computer systems.  We recommend that You install and use up-to-date anti-virus, anti-spyware and firewall software on Your computer systems. 
  3. We do not accept responsibility for any interference or damage to Your computer systems which arises in connection with Your use of the Services or any linked website referred to in clause 11.

9. Limited warranties and liability

  1. All implied guarantees, warranties, representations, statements, terms or conditions relating to these Terms of Use and the Services that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.
  2. In particular, and without limiting paragraph (a):
    1. while we endeavour to provide convenient and functional Services, we do not guarantee that Your requirements will be met or that Your use of the Services will be uninterrupted, error free or that our Website and associated applications are free of viruses or other harmful components;
    2. we cannot be responsible for any loss, corruption or interception of data sent to or from the Services which occurs outside of our computer systems (such as those which occur while being sent over the internet); and
    3. whilst we have no reason to believe that any information contained in the Services is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Services updated.
  3. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
  4. If any 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 we are able to limit Your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
    1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  5. Subject to paragraphs (f) and 9(g) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability to the Subscriber and all Invited Users, collectively, for all claims under or relating to these Terms of Use or the Services is limited to an amount equal to the total Subscription Fees You have paid to us in the 12 month period immediately prior to the first such claim.
  6. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
    1. special, indirect, consequential, incidental or punitive damages; or
    2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data.
  7. One party’s liability to the other party is diminished to the extent that the other party’s acts or omissions (or those of a third party) contribute to or cause the loss or liability.
  8. Each party must use its reasonable efforts to mitigate any loss it may suffer in connection with these Terms of Use.
  9. The exclusions and limitations of liability in this clause 9 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

10. Linking to this Website

  1. We encourage You to provide links to our Website.  While You may use the name “www.propertyme.com.au” or “PropertyMe” in the text of any such link, You may not use our logo or any of our other trade marks without our prior written consent. 
  2. You must not frame our Website or associated applications, or represent or imply that any part of the Services belongs to anyone other than us.
  3. If we notify You that we object to the manner in which You provide links to our Website, You must immediately cease providing such links.

11. Links and advertisements

  1. The Services may contain links to other third party websites, and also advertisements which include embedded links. 
  2. We have not reviewed any of the sites linked to the Services and we are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Services. 
  3. Responsibility for the content of any advertisements appearing in the Services (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. 
  4. The inclusion of any link or advertisement does not imply that we recommend or endorse the linked site or the subject matter of the advertisement, and each advertiser is solely responsible for any representations made in connection with its advertisement.

12. Intellectual property rights

  1. All of our Intellectual Property Rights are protected by the laws in force in Australia from time to time.
  2. We (or our licensors) retain all right, title, and interest in and to the Services, and nothing You do with or in relation to the Services will transfer any Intellectual Property Rights to You or, except for the licence referred to in clause 2.1(b)(ii), licence You to exercise any Intellectual Property Rights unless this is expressly stated.
  3. Except as provided in these Terms of Use, any use or copying of content related to the Services for any other purpose is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at [email protected] if You wish to seek such consent.
  4. You must not, and You must not allow or permit any other person to:
    1. copy, modify or create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of or in connection with the Services;
    2. sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Services; or
    3. use or refer to the Services in developing any competitive good or service.
  5. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark.  If You use any of our trade marks in reference to our activities, products or services, You must include a statement attributing that trade mark to us.  You must not use any of our trade marks:
    1. in or as the whole or part of Your own trade marks;
    2. in connection with activities, products or services which are not ours;
    3. in a manner which may be confusing, misleading or deceptive; or
    4. in a manner that disparages us or our information, products or the Services.
  6. The permissions referred to in paragraphs (b) and (e) and clause 2.1(b)(ii) will immediately cease if Your access to the Services is suspended or cancelled under clause 2.6(d), 2.6(e) or 6.
  7. You grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback You provide to us or any of our personnel relating to or in connection with Your use of the Services (“Feedback”). 
  8. You acknowledge and agree that:
    1. to the extent You entered into any non-disclosure agreement, confidentiality agreement or other similar arrangement with us prior to the date when You agreed to these Terms of Use (“NDA”), that NDA is hereby terminated; and
    2. any Feedback is not confidential information for the purposes of, or otherwise protected by, the terms of any such NDA. 

13. Privacy and security

  1. In using the Services, You may give us Personal Information.
  2. By using the Services, You:
    1. must ensure that You are permitted to provide us with any Personal Information You provide to us, and that You have made any disclosures or obtained any consents necessary under the Privacy Act and any other privacy laws in Australia or any jurisdiction applicable to the use of the Services by the Subscriber and any Invited Users in accordance with these Terms of Use; and
    2. You grant us consent to collect, store, use and disclose such Personal Information in accordance with the Privacy Act, any other applicable privacy laws, and our privacy policy which can be found at www.propertyme.com.au/privacy.
  3. Subject to these Terms of Use, we will:
    1. store any Personal Information You provide to us in Australia, however we may disclose Personal Information outside of Australia in connection with the provision of the Services (as set out in our privacy policy); and
    2. establish and maintain appropriate, reasonable technical and organisational security measures in accordance with good industry practice to keep such Personal Information secure.
  4. We may use and disclose to our service providers de-identified data about Your use of the Services for the purpose of helping us to improve the Services. Any such disclosure will not include Personal Information.
  5. When requested, You must take all other actions that we deem reasonably necessary to maintain or increase the security of our computing systems and networks and Your access to the Services.  When accessing and using the Services, You must:
    1. not circumvent, disable, violate, interfere with or undermine the security or integrity of our computing systems or networks or, computing systems and networks of any third party host, or attempt to do any of the foregoing;
    2. not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
    3. not attempt to gain unauthorised access to any data or materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted; and
    4. without limiting clause 4, not transmit, or input into Services, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law.
  6. Your access to and use of the Service may be subject to limitations, including to monthly transaction volumes and the number of calls You are permitted to make against our application programming interface.  Any such limitations will be advised.
  7. You must:
    1. notify us immediately if You become aware of any Data Breach which has occurred or which You have reasonable grounds to suspect may have occurred; and
    2. promptly provide us with any information, assistance and cooperation we request to allow us to investigate such Data Breach and to comply with our obligations under the Privacy Act, including to allow us to understand (where relevant) the affected Personal Information, the individuals to whom that Personal Information relates, and whether the Data Breach would be likely to result in serious harm to those individuals (including any of the matters referred to in section 26WG of the Privacy Act).
  8. If You form the view that You are or may be required to notify affected individuals of a Data Breach under the Privacy Act, You must promptly discuss the matter with us in good faith before making any such notification, and comply with our reasonable directions in relation to such notification, including as to whether You or we will be the person responsible for fulfilling the relevant notification requirements.
  9. Where a Data Breach occurs and we determine that affected individuals need to be notified of that Data Breach under the Privacy Act and that You will be the party responsible for fulfilling the relevant notification requirements in relation to any Data Breach, then You must comply with all such notification requirements in accordance with the Privacy Act. If You fail to notify of such Data Breach or comply with the notification requirements within the time period required by the Privacy Act, then we may elect to fulfill the relevant notification requirements in relation to that Data Breach.

14. 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.

15. General

  1. If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.   
  2. These Terms of Use are governed by the laws of New South Wales, Australia, and You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia. 
  3. These Terms of Use constitute the entire agreement between us and You in relation to the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and You in relation to the Services. 
  4. 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. 
  5. Clause 4 and any provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.
  6. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
  7. The word “including” when used in these Terms of Use is not a term of limitation.

16. Dictionary

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

Billing Period has the meaning given in clause 3.1(a)(ii).

Data Breach means any:

  1. unauthorised access to, or unauthorised disclosure of, any Personal Information or other information in Your account; or
  2. loss of any Personal Information or other information in Your account.

Intellectual Property Rights means all intellectual property rights of whatever nature throughout the world arising out of or connected with the Services including all rights conferred under statute, common law or equity, whether existing now or at any time in the future, including all rights in and to any patents, patent applications, business names, trade names, domain names, trade marks, copyright, trade secrets, circuit layout rights, designs, confidential information, know-how, technical information, data or developments.

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, subject to clause 2.4(e).

Non-Excludable Provision has the meaning given in clause 9(d).

Personal Information has the meaning given in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

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

Special Pricing has the meaning given in clause 3.4(a).

Subscriber means the person or entity who registers to use the Services and, where the context permits, includes any entity on whose behalf that person registers to use the Services.

Subscription Fee means the monthly fee (including any taxes and duties) payable by You as specified on the Website or associated application, as amended in accordance with clause 3.5.

Subscription Types means the varying levels of access to the Services, including Services where You pay a Subscription Fee, and time limited and feature limited trial access of the Services.

Third Party Data has the meaning given in clause 7(d).

Website means the PropertyMe website, accessible at www.propertyme.com.au, and the PropertyMe application accessible:

  1. for the Subscriber and any Invited Users that are employees of the Subscriber, at app.propertyme.com; and
  2. for Invited Users that are customers of the Subscriber, at my.propertyme.com.

You and Your means the Subscriber and, where the context permits, an Invited User.

Your Content has the meaning given in clause 4(a).

Date of last revision: 11 May 2023