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).
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.
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.
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.
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.
As a User, you agree to comply with the following:
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.
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:
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.
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.
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.
9.1 Subject to this clause, and to the maximum extent permitted by law:
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:
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).
10.2 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.
You agree to indemnify us, our affiliates, employees, agents, contributors, third party providers and licensors from and against:
We may, at any time and without notice, terminate or suspend your Use of the Platform if:
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.
The Services offered by us are intended to be viewed and used by residents of Australia. 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.