Terms and Conditions

TERMS OF USE


These Terms of Use (‘Terms’) apply to all Users and Subscribers to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services you agree to be bound by these Terms as well as any and all general terms and conditions and the privacy policy posted on our website from time to time.


DEFINITIONS

“Advertiser” means an advertiser who advertises their goods and services through our website.

“Content” means any and all material, links, words, images including, but not limited to, any content the subscriber submits, or links to the website, as relevant.

“Services” means the service of providing an online property portfolio service where subscribers can rely on a single platform to manage their property investments including the ability to track income and expenses, receive reports and associated services.

“Subscriber” means a subscriber to the Services on our website.

“the/our website” means www.propertydirector.com.au

“We”, “our” and “us” means PropertyDirector Pty Ltd, all directors, employees and affiliates.

“You/User” means any user of our website and subscriber to our services and by doing so, agree to these Terms.


SUBSCRIPTIONS

You need to fill in the registration details that are required in the online form to subscribe to our Services and create an account. You may then upload as many properties as you like to your account to populate your online property portfolio.


Subscriptions are subject to a monthly or annual fee. We also offer vouchers from time to time for free subscriptions for our basic package plan. In order to obtain your free or discounted subscription you must enter the voucher code provided when registering. We do not require any payment details at the time of registration if you enter a voucher code for the free subscription.


Once the free subscription model period is over, and for all annual subscription holders, we will send out a request for payment details on or around one month prior to the annual renewal date. You will be required to provide payment details to continue your subscription or to have an option to upgrade.


In the event that you do not provide payment details, your account will be disabled, and all associated data will be deleted. By providing your credit card details, you authorise us and agree to the monthly or annual subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each month unless you or we cancel the subscription in accordance with the below Cancellation terms. In the event your credit card is declined we may suspend your account in accordance with the Cancellation terms.


AGREEMENT FOR SUBSCRIPTION SERVICES

To be eligible to subscribe to our Services, you acknowledge and agree to the following:


  • You will not share your password or login details with any other person, including your password for your PropertyDirector account;
  • You will not transfer, sublicense or grant access to any of our Services to any other person, company or business;
  • You will keep your contact, payment and all other information updated;
  • You warrant that all information you provide is true, correct, up-to-date, accurate and not misleading. We rely on the accuracy and completeness of the information provided by you. Your failure to enter accurate and complete information and data may adversely impact the reports and calculations produced by us;
  • We are only providing you with information on our website for illustrative and educational purposes. You need to decide what may work best for your own personal or business needs. We do not have your personal information, financial situation, investment objectives, or individual facts or situation in mind when we provide these Services. Our Services are not intended as, nor should they be construed as advice and we recommend that you make your own enquiries and analysis, and contact a professional advisor if you would like information or advice that takes into account your personal and particular investment goals and financial situation;
  • We are a facilitator only for the purposes of providing Subscribers with access to general financial and other information as well as reports and access to advertisers that may offer related goods and services through our website. We are not responsible for, nor are we in any manner affiliated with any particular advertiser beyond providing the advertiser classified services;
  • You need to ensure you have read and are familiar with any advertiser’s individual terms and conditions when using or booking any of their services; and
  • Any purchase you may make for goods and services of any advertiser is done at your own risk and is your contract directly with the third party. We are not responsible and strongly advise you to ensure the goods and services offered are suitable to your personal and financial situation. We also advise you to consult a professional financial or other adviser prior to any purchase of any financial goods or services. Any dispute you may have is solely between you and the advertiser. Your contract for any goods or services is directly with the advertiser and you are to make any claim for Services directly with the advertiser.


CONTENT

You may upload Content to our website, including property details, rental income and expenses. You warrant that the Content is true, accurate and current. We reserve the right to reject any Content that is deemed inappropriate. Inappropriate Content can include illegible, incorrect format, corrupted, inappropriate, incomplete, illegal material, or material not relating to the property.


You grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use any Content that you transmit to the website or otherwise provide to us from time to time. This licence does not require further permission or any payment. You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of ours or their designees in all media. In addition, you warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.


GENERAL

We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.


You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.


You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.


CANCELLATION, REFUND AND TERMINATION

TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription through our website. You must cancel in writing by notifying us at support@propertydirector.com.au


If you have purchased a paid monthly or annual subscription and wish to cancel, we cannot offer a refund.  Please note: we require a minimum of 7 days notice in writing prior to the monthly payment date or annual payment date to ensure you are not charged for the next subscription period. If we do not receive your cancellation notice 7 days prior to the next payment date, you will be charged an extra monthly fee.


WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website and Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.


Upon such termination, regardless of the reasons, your right to use the website and Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.


We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.


MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.


We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.


LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, or consequential loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.


This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service.


While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.


You further indemnify us against any claim, damages, loss or costs whether direct or indirect made against or suffered by us in connection with your use of our website, your breach of these Terms or your breach of any third party rights, including but not limited to third party intellectual property rights.


ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).  


Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.


Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.


Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.


Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.


All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.


You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the intellectual property rights contained or embodied within the Services.


You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.


GOVERNING LAW

These Terms of Use are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms.


WEBSITE DISCLAIMER


Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following disclaimer, together with our Terms and Conditions.


This website is for general informational purposes only and nothing contained on it is or is intended to be construed as advice. It does not take into account your individual objectives, investment objectives, financial situation or needs. It should not be used, relied upon or treated as a substitute for specific or professional advice. You should, before you act or use any of this information, consider the appropriateness of this information having regard to your own personal objectives, financial situation and needs. You should obtain your own independent professional advice before making any decision based on this information.


The articles and other information on the website should not be your only source of information but should be treated as a guide only. We make no representations, promises, warranties or guarantees regarding any positive impact on your business or financial situation including revenue, profits or otherwise.


The content of this website has been prepared by propertydirector.com.au on the basis of information and sources believed to be reliable. While we endeavor to keep the information up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or graphics contained on this website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.


In no event will we be liable for any loss or damage including and without limitation, indirect or consequential loss or damage, or any loss or damage howsoever arising from loss of data or profits arising out of, or in connection with the use of this website.


COPYRIGHT NOTICE

This website and its contents are the copyright of PropertyDirector Pty Ltd © 2018. All rights reserved.


Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use but only with our express permission.


You may not, except with our express written permission, distribute or commercially exploit any of the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.