Platform Terms of Use

1. About this platform

This document sets out the terms and conditions of use of the Property Credit user platform (the Platform).

The platform allows user to access lending facilities and lending tools so as to allow Property Owners, Vendors, Real Estate Agencies, and other persons to arrange and manage credit facilities for a particular property or properties. (the Services).

These terms and conditions of use (Terms of Use) have been developed for the protection and integrity of the platform and Property Credit customers.

Please read these Terms of use carefully. By checking the I agree box or by using and/or accessing the Platform, you confirm to us that you have read, understood and agree to be bound by the Terms of Use. If you do not agree with the Terms of Use, you must cease using the Platform, or any of the Services, immediately.

2. Accepting the Terms of Use

You accept the Terms of Use by accessing the Platform. You also accept the Terms of Use by completing your personal details and clicking “I agree” on the signup page.

3. Accessing the Platform

3.1 Registering an Account

To access the Platform and become a User, you are required to register for an account through the Platform. As part of the registration process and as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details).

You warrant that any information you give to us and other Users in the course of completing the registration process will always be accurate, correct and up to date.

3.2 Access Security

Once you have successfully registered an account, we will provide you with your unique credentials. Your unique credentials may include a username and password. You must keep your credentials confidential and secure at all time and you must not disclose your credentials to or share them with another person.

3.3 Data security

Data about individual and entities provided to you through the Platform is confidential. You must ensure that unauthorised persons do not have access to that data. If your device is unattended, you must log out from the Platform or lock your device.

3.4 Access Availability

We will use reasonable efforts to maintain the availability of the Platform however we do not guarantee that the Platform will be available at all times. You agree to use the Platform at your own risk and discretion, and you accept and acknowledge that I.T. infrastructure and software is prone to unforeseen issues which may cause the Platform to be unavailable or data to be lost. You agree we will not be liable or accountable for any reason for any loss as a result of the unavailability of the Platform and that your only recourse is to cease using the Platform and Services.

4. Your obligations as a User

As a User, you agree to comply with the following:

you will use the Platform and the Services for the purposes permitted by the Terms of Use;
you will not share your credentials (including your username or password) with another person;
You must not use your credentials to access the Platform if:
- credentials have not been issued to you;
- your access has been revoked or suspended;
- you are not of legal age; or
- you are a person barred from receiving the Services under the laws of Australia
you are solely responsible for protecting the confidentiality of your password;
you are responsible to ensure that you have a secure internet connection to access the Platform and that your device is capable of accessing the Platform and using the Services;
you must not expressly or impliedly impersonate another User or use the credentials of another User to access the Platform;
any content that you publish, upload, transmit, post or distribute on the Platform (Your Content) will always be accurate, correct, true and up to date.
you must regularly update Your Content whenever possible to ensure information remains accurate, complete and up to date.
you must not knowingly or willingly publish content on the Platform, which is inaccurate, untrue or out of date;
access to the Platform and use of the Services is limited, non-transferrable and only provided to you for the purposes of providing the Services;
you must not access the Platform or use the Services for any illegal, unauthorised or unlawful purpose;
you must make available to us or supply to us any information or documentation, if requested by us, to support to use of the Services including where there is an investigation; and
you must not misuse the Platform, including but not limited to make false loan applications, and/or attempts to violate security or integrity of the Platform.

6. Ownership and Intellectual Property

6.1 Ownership

The Platform is owned and operated by Property Credit Pty Ltd ABN 93 638 329 674 (Property Credit). Access to and use of the Platform together with any of its associated products and services are provided by Property Credit.

6.2 Intellectual Property Rights

The Platform, the Services and all of related products of Property Credit are subject to copyright. All intellectual property, trademarks, branding and material on or relating to the Platform and the Services are owned, registered and/or licensed by Property Credit, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence while you are a User to:

use the Platform pursuant to the Terms of Use;
copy and store the Platform and the material contained in the Platform in your device’s cache memory; and
print pages from the Platform for your own personal and non-commercial use.

Property Credit does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by Property Credit.

You may not, without our prior written consent and the consent of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms of Use. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain.

Where you publish, upload, transmit, post or distribute Your Content on the Platform, then you grant to us a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to republish, up-load to a third party, transmit, post, distribute, show in public, adapt or change Your Content.

7. Confidentiality

You agree that the operations of Platform and the Services will remain confidential and that all material whether written or oral, tangible or intangible, shall be treated as confidential and will not, without prior our written consent, be disclose to any third party. We reserve the right to take further action if this condition is breached.

8. Privacy

We take your privacy seriously and any information provided through your use of the Platform and/or Services is subject to our Privacy Policy, which is available on our website. You can contact us at enquiries@property.credit.

9. Disclaimer

9.1 Subject to this clause, and to the maximum extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms of Use are excluded; and
we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms of Use (including as a result of not being able to use the Services or the late supply of the Services).

9.2 Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. We do not make any express or implied representation or warranty about the Services or any products or Services referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Platform, the Services, or any of services of related products (including third party material and advertisements on the Platform);
costs incurred as a result of you using the Platform, the Services or any of the products or services contained within the Platform; and
the services or operation of links which are provided for your convenience.

9.3 You acknowledge that the Platform and the Services are only intended to facilitate the interactions between the Users and does not offer any services other than the Services and we hold no liability to you as a result of any conduct of Users or the misuse of Your Content by any party (including other User).

10. Limitation of Liability

10.1 Our total liability arising out of or in connection with the Services or these Terms of Use, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2 You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10.3 You acknowledge and agree that we take no responsibly for and have no liability for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you as a result of the use of the Platform by you or any other user of the Platform.

11. Indemnity

You agree to indemnify us, our affiliates, employees, agents, contributors, third party providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with use of the Platform or Content published on the Platform which is false or misleading, inaccurate, out of date or incomplete;
any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
any breach of the Terms.

12. Term and Termination

12.1 Term

You are granted a licence to the Platform while you are a User and comply with Terms of Use.

12.2 Termination or Suspension

We may, at any time and without notice, terminate or suspend your Use of the Platform if:

you breach any of the Terms of Use or intend to breach any Terms of Use;
we are required to do so by law;
the provision of the Services to you by us is in our opinion no longer commercially viable.

12.3 Effect of Termination or Suspension

Subject to local applicable laws, we reserves the right to discontinue or cancel you as a User at any time and may suspend or deny, in its sole discretion, your access to all or any part of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.

When the Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. General Provisions

13.1 Governing Law.

The Terms of Use and the use of the Platform are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of that state.

13.2 Change to the Terms.

We reserve the right to change the Terms of Use at any time and without notice. In the event that we change the Terms of Use we will take reasonable steps to notify you of the changes.

13.3 Severance.

If any part of these Terms of User is found to be void or unenforceable by a court, that part shall be severed, and the rest of the Terms of Use shall remain in force.

13.4 Venue and jurisdiction.

The Services offered by us are intended to be viewed and used by residents of Australia and New Zealand. In the event of a dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.