1.3 This Site provides information about the various products and services offered by Proply and its related bodies corporate.
2. THE PARTIES
Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill or loss of reputation whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.
Content means any results, data or meta data, including any property information, property attribute data, ownership information, property sales information, photographs, valuation, market share analyses, index results, alerts, or reports, which are either contained within, provided through, derived from, captured by, entered into or generated by the Site and any Platforms or as otherwise provided in the usual course of business by Proply.
Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, Content, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.
Loss means all liabilities, losses, damages, outgoings, costs and expenses (including legal costs assessed on a Solicitor-client basis).
Permitted Purpose has the meaning given to that term under clause 13.
Platform means any web-based platform or software provided by Proply to deliver, enable or provide its customers access to its Services, and includes the Site.
Proposal means the online proposal for vendors of real property that you create using our Service.
Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).
Service or Services means the products, services, Platforms and Content which may be:
(a) promoted by Proply on this Site;
(b) licensed or supplied to you by Proply on or through this Site; or
(c) accessed by you on or through the Site.
Site means Proply’s Site located at the domain names www.proplyapp.com.au and www.app.proplyapp.com.au and includes all Content and webpages forming part of that domain name, including all information, opinions, reports and Content published on, contained in or accessed through this Site.
4. GENERAL INFORMATION
4.1 The information appearing in this Site, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between us and you for the use of this Site.
5. INTERNATIONAL USE
5.1 We make no representation that the Services described on this Site are appropriate or available for use in locations outside Australia or in all States and Territories of Australia. Those who choose to access our Site from other locations are responsible for compliance with local laws. Overseas residents may contact Proply for further assistance regarding the availability of the Services described on this Site.
6. LINKING TO THE SITE
6.1 We encourage you to provide links to the Site. While you may use the name “proplyapp.com.au” in the text of any such link, you may not use the name “Proply” or any of our other trade marks without our prior written consent.
6.2 You must not frame the Site, or represent or imply that any part of the Site belongs to anyone other than us.
6.3 If we notify you that we object to the manner in which you provide links to this Site, you must immediately cease providing such links.
7. ACCURACY OF CONTENT
7.1 While every effort has been made to show as accurately as possible the colours of the Content, e.g. artwork or photography, that appears on the Site, we cannot guarantee that your computer monitor will display the colour of the Content accurately.
7.2 Some of the information on the Site may be provided by third parties, including, for example, sales information, price guides, descriptions and photographs of properties. 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.
8.1 You are not required to register to use the Site.
8.2 However certain features on the Site may only be available if you do register. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we reset your password which will send a prompt to your registered email address.
8.4 You may cancel your registration by notifying us at firstname.lastname@example.org and providing your user name.
8.7 The material provided and views expressed by users are the materials of those users and are not ours.
8.8 By using our Services, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
9. WITHDRAWAL OF PRODUCTS AND SERVICES
9.1 The information relating to Proply and its Services on this Site is correct at the time of publication. However, the Services described in this Site can be withdrawn or varied at any time without notice. While every care has been taken in producing the information on this Site, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.
10. YOUR CONTENT
10.1 You must not provide any material in your Proposal or through your use of the Services (“Your Content”) that:
(a) infringes the intellectual property or other rights of another person;
(b) 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;
(c) relates to unlawful conduct;
(d) creates a privacy or security risk to any person, including by soliciting personal information from any person;
(e) solicits money from any person;
(f) is false, misleading or deceptive;
(g) contains financial, legal, medical or other professional advice;
(h) would harm, abuse, harass, stalk, threaten or otherwise offend;
(i) would reflect negatively on us, including our goodwill, name and reputation;
(j) tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
(k) would breach any applicable laws; or
(l) would otherwise result in civil or criminal liability for you, us or any third party.
10.2 By embodying Your Content in your Proposal or the Site through your use of the Services, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit your Content in any form or on any medium and for any purpose; and
(b) warrant that you have the right to grant such licence.
10.3 You agree to indemnify and hold Proply Solutions Pty Ltd (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of your Content.
11. GENERAL RESTRICTIONS
11.1 In using the Site, you must not:
(a) provide us with inaccurate or incomplete information;
(b) violate any applicable laws, or use the Site for any purpose that is unlawful;
(c) use the email functionality of the Website to send unwanted emails or spam;
(d) distribute viruses, spy-ware, corrupted files, or any other similar software or (e) programs that may damage the operation of any computer hardware or software;
(e) collect or store personal data about other users of the Site, excluding information relating to the recipients of your Proposals; or
(f) engage in any other conduct that inhibits any other person from using or enjoying the Site.
12. TERMS AND CONDITIONS AND FEES AND CHARGES
12.1 Terms and conditions apply to all Services described in this Site and may be varied at any time without notice. Fees and charges also apply to all Services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from Proply.
13. PERMITTED USES OF SITE
13.1 You must only use this Site:
(a) to access the Services;
(b) to obtain any other information relating to any of Proply’s products or services for a bona fide purpose,
(c) to prepare Proposals relating to the real property market and use those Proposals for your commercial purposes only; or
(d) for any other use authorised in writing by Proply,
13.2 You agree that any use of this Site, except for the purposes described in paragraph 13.1, is prohibited.
13.3 The information and material in this Site is provided solely for bona fide personal or commercial customers only.
13.4 You agree that you will not and will not attempt (either yourself or through any third party) to:
(a) use this Site or any Services accessible through it, for any purpose other than the Permitted Purpose;
(b) host links to this Site, unless expressly authorised by Proply in writing
(c) decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with this Site, the Proply Services, underlying infrastructure or other software;
(d) use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool or use any other device or automated process (Scraping Process) to data mine, scrape, crawl, email harvest, aggregate, copy or extract any Services, processes, information, content, or data accessible through this Site;
(e) use any Scraping Process to aggregate or combine information, content or data contained within or accessible through this Site with information, content or data accessible via or sourced from any third party;
(f) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this Site or any Services, transaction or process being conducted on or through it;
(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this Site;
(h) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this Site without the prior written permission of Proply, but excluding the creation and exploitation of Proposals;
(j) use another person’s login details or otherwise use any ‘brute force attack’ methods to gain access to any Platforms, products or services;
(k) use this Site for any unlawful purpose or activity.
13.5 You agree to indemnify Proply in respect of any liability incurred by Proply for any Loss howsoever caused, suffered by you or any Related Bodies Corporate as a result of your breach of this clause.
14. GENERAL DISCLAIMER
14.1 You acknowledge and agree:
(a) Proply does not provide to you on this Site any investment, valuation, appraisal, legal, financial or taxation advice as to the suitability of any property;
(b) advice and information given on this Site is general advice only and does not take into account your investment objectives, financial situation and particular needs;
(c) the general advice and information on this Site should not be relied upon in lieu of appropriate professional advice and You should consider independent professional advice tailored to your specific circumstances before making any investment decisions;
(d) you should make your own enquiries, exercise You independent judgement and assess whether the general advice and information on this Site is appropriate to your individual investment objectives, financial situation and particular needs before making any investment decisions;
(e) the accuracy of the methodology used to develop the Site, the Content, the existence of the subject property, and the accuracy of the predicted value are estimates based on available data and are not guaranteed or warranted;
(f) the condition of the subject property and current market conditions can greatly affect the validity of the Site and Content;
(g) any Content generated does not include a physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal;
(h) the Site and Content, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice;
(i) Proply does not verify the accuracy or completeness of any Content supplied by any third party;
(j) Proply will not provide the Site or any Content to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers; and
(k) you must take your own precautions to ensure that whatever you select for your use from this Site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
15. LIMITATION OF LIABILTY
15.1 Proply excludes all liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
15.2 To the maximum extent permitted by Law, Proply will not be liable under or in connection with this Agreement for any Consequential Loss.
15.3 Proply has no liability whatsoever to you or any other person, for:
(a) acts and omissions of, or any faults or defect in the Site;
(b) if interference with or damage to your computer systems occurs in connection with your use of this Site;
(c) faults or defects in the Site which are caused by you including any failure to comply with your obligations under this Agreement;
(d) any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to You by a third party (even if they are connected and used by Proply during the operation of this Agreement with Proply’ consent); and
(e) Your inability to access or use the Site for any reason.
(a) that the Site or the Content will meet your requirements;
(b) that the Site or the Content are fit for your purpose or are otherwise suitable for your use;
(c) that the Site will be compatible with, or suitable for use with, your software
(d) that the Site or the Content, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
(e) that the statistical methods on which any of the Site or Content are based use appropriate or accurate assumptions;
(f) that the performance of the Site will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Proply’s third party suppliers;
(g) that the Site will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.
15.5 Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited (as Proply may elect in its sole discretion) to one or more of the following:
(a) to use commercially reasonable efforts to modify, correct or provide access to the relevant Service;
(b) the supplying of the Services again; or
(c) the payment of the cost of having the Services supplied again, except as expressly provided elsewhere in this Agreement.
16. THIRD PARTY SITES
16.1 The Site may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement. The inclusion of such links does not imply endorsement of the applicable Site by us or any association with its operators.
16.2 Accessing those Sites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:
(a) your use of those linked Sites or any loss or damage incurred arising out of or in connection with your use of them; and
(b) the content or practices of those Sites operated by third parties that are linked to our Site.
18.1 Except where otherwise stated, we own all rights, title and interest, or have licence rights, in all intellectual property rights in the materials contained in or published on this Site and the Services accessible through it.
19. TRADE MARKS
19.1 The trademarks, service marks and logos (Trade Marks) used in this Site are registered or unregistered Trade Marks of Proply or any related parties. No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owner’s consent.
20.2 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
20.3 We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our Site.