- The website called www.smartproperty.com.au is owned and operated by Smart Property Systems Pty Ltd ATF Smart Property Systems Unit Trust
- In these terms and conditions (Terms), “us”, “we” and “our” refer to the Company, and references to “you” or “your” is to you, the end user of the Site (User). The Terms will also refer to other end users of the Site (Users).
- In these Terms, Content means all information, graphics, HTML, text, software and materials on the Site. In these Terms, a reference to use of the Site also means use of the Content.
- All notices, enquiries and complaints can be communicated to the Company at [email protected]
2. Conditions of Use
You are granted a limited and revocable license to view and use the Site in accordance with these Terms if you:
- are over the age of 18 years;
- are capable of forming binding contracts;
- are not breaking any law by accessing and using the Site (by reference to laws in your jurisdiction and the Company’s);
- use the Site for lawful purposes only (by reference to laws in your jurisdiction and the Company’s);
- use the Site only in the way that it is designed to be used; and
- do not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Site (as determined by us at our sole discretion).
- Your licence to use the Site will be immediately revoked if you breach any of the conditions in clause 2(a).
3. Content on the Site
- All Content is for informational purposes only, and is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the Content.
- You agree and acknowledge that there may be technical or administrative errors in the Content.
- We reserve the right to correct any errors in the Content and on the Site without any notice to you.
4. Site Availability
- You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site or any part of it.
- We may change, update or otherwise amend the Site or any part of it at our sole and absolute discretion without any notice to you and any other User. This may result in the Site being offline, for which we are not obligated to provide notice.
5. Intellectual Property
- All title, ownership rights and intellectual property rights, including copyright, in relation to the Site is owned or used under licence by the Company.
Without the express written permission of the Company, you shall not:
- replicate all or part of the Site in any way; or
- incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
- The Site includes registered and unregistered trade marks. You shall not copy, alter, use or otherwise deal in the Company’s marks without the prior written consent of the Company.
- You agree that you will not copy any part of the Site for your own purposes. You may however view the Site using your web browser and make a temporary copy of all or part of the Site for your personal use only.
6. Complaints about the Site
- If you have a complaint in connection with the Site for which you consider that the Company is liable (Complaint), you must report it to us within 10 days of the circumstances giving rise to the Complaint first occurring. We may or may not investigate your complaint, depending on its nature, a choice that will be at our sole discretion.
- If you are not satisfied with our action under clause 6(a) of the Terms, you must formally notify us of your complaint with a written notice (Complaint Notice) which includes, or is accompanied by, full and detailed particulars of the Complaint.
- Within 10 days after a Complaint Notice is given, a representative of the Company will respond to the Complaint Notice in writing (Company Response).
- In accordance with this section, you agree not to bring court proceedings against us in respect of any Complaint unless you comply with the requirements of this clause (but subject always to any rights you may have as a consumer under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).
8. Exclusion of Liability
You acknowledge and agree that:
- you use the Site at your own risk; and
- we are not responsible for the conduct or activities of any other User of the Site.
- As a consumer, there are certain rights (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non Excludable Condition). This clause is subject to those Non Excludable Conditions.
- You agree that all implied guarantees, conditions and warranties are excluded from the Terms, except any Non Excludable Condition.
- Subject to the application of any applicable Non Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with the Terms, the Website, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded. Subject to the application of any Non Excludable Condition, we will not, under any circumstances, be liable to you for any indirect or Consequential Loss. Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, 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.
Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any Non Excludable Condition is restricted, at our option to:
- the re-supply of services or payment of the cost of re-supply of services; or
- the replacement or repair of goods or payment of the cost of replacement or repair.
- By using the Site, you agree to indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from your use of the Site.
- Without limiting the generality of the above, you agree to indemnify us and our officers, employees, contractors and agents (the Indemnified) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from your breach of the Terms and any negligent or unlawful act or omission by you in connection with the Site.
- Without limiting the generality of the above, you further agree to indemnify the Indemnified against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from a contract in force between us and a third party connected with the Site.
- Either party may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
- Where the agreement arising from these terms has been terminated you must immediately cease to use the Site.
- The Company has the right, but not the obligation, to monitor the Content of this Site, to determine compliance with these Terms and any other operating rules established by the Company.
- All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
- Email notice from you or us is effective notice under the Terms.
- You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in the Terms.
- The relationship between you and us under any agreement arising from the Terms does not form a joint venture, partnership, agency, or any form of employment relationship.
- No clause of the Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- You cannot assign, novate or otherwise transfer any of your rights or obligations under any contract arising from the Terms without our prior written consent.
- We may assign, novate or otherwise transfer any of our rights or obligations under the agreement arising pursuant to the Terms to a third party without notice to you, or your prior consent. If we require it, you will sign any documents to give effect to an assignment, novation or transfer by us under this clause.
- The agreement arising under the Terms will be governed by the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction in Queensland, and it shall be the sole forum for any proceedings.
- Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
- The termination of any agreement arising from the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.