Welcome to the Application or website of The Property
Accountant Pty Ltd (ABN 17 664 478 595) ("we", "us" or
the "Company").
This website is located on the web via the domain
www.thepropertyaccountant.com.au
and includes all of the files located in that domain
("the website").
This Application can be downloaded via the digital
distribution service operated and developed by Apple
Inc. (Apple App Store) or Google Inc. (Google Play
Store) and includes all of the files located in that
Application ("the App").
1. Agreement to these Terms of Use
By accessing the App and/or the website, you agree to be
bound by these terms of use ("Terms of Use"). These
Terms of Use constitute a binding agreement between you
and the Company and govern your use of the App and/or
the website.
1.1 Privacy Policy
As part of these Terms of Use, your use of the App
and/or the website is also subject to our Privacy Policy
(located at Australia), which is incorporated by
reference into these Terms of Use.
2. Restrictions on use
2.1 Prohibited conduct
Your use of the App and/or the website is subject to the
rules set out in Schedule 1 below.
2.2 Violations of these Terms of Use
Without limiting any other remedies available to the
Company at law or in equity, the Company reserves the
right to, without notice:
Temporarily or indefinitely suspend, or terminate,
your access to the App and/or website or refuse to
provide services to you if:
You breach any provision of these Terms of Use;
The Company is unable to verify or authenticate
any information that you provide to us; or
The Company believes that your actions may cause
damage and/or legal liability to the Company,
any of its customers or suppliers or any other
person; and
Remove or block access to any information and/or
materials (in whole or in part) that the Company, at
its sole and absolute discretion, regards in any way
to be objectionable or in violation of any
applicable law, any person's intellectual property
rights or these Terms of Use.
2.3 Indemnity
You indemnify and hold harmless the Company and its
officers, employees, agents, consultants, licensors,
partners and affiliates from and against any losses,
liabilities, costs, expenses or damages (including
actual, special, indirect and consequential losses or
damages of every kind and nature, including all legal
fees on a solicitor-client basis) suffered or incurred
by any of them due to, arising out of, or in any way
related to (directly or indirectly):
Any material or information that you submit, post,
transmit or otherwise make available through the App
and/or the website;
Your use of, or connection to, the App and/or the
website; or
Your negligence or misconduct, breach of these Terms
of Use or violation of any law or the rights of any
person.
3. Registration and account security
3.1 Requirement for registration
The Company reserves the right to make any parts of the
App or the website accessible only to users who have
registered.
3.2 Username and password
Upon registration, you will be issued with a username
and password to access your account. You are responsible
for maintaining the security of your password. The
Company will not be liable for any loss or damage
arising from or in connection with your failure to
comply with this security obligation. You agree that the
Company will be entitled to assume that any person using
the App or the website with your username and password
is you or your authorised representative.
You must notify the Company immediately of any known or
suspected unauthorised use of any password or any other
breach of security.
3.3 User information
In order to register an account, you must agree to these
Terms of Use and provide the Company with:
A valid email address;
Accurate billing and contact information (including
your street address and the name and telephone
number of your authorised billing contact and
administrator); and
Any other information that may be required by the
Company during the registration process.
You must promptly update this information to maintain
its accuracy at all times.
You represent and warrant to the Company that all
information provided to the Company by you, including
the information provided by you through our account
registration module or entered into your account
profile, is true and not misleading and does not violate
any applicable law or regulation or any person's
intellectual property or other rights.
3.4 Multiple accounts and automated account opening
One person may not maintain more than one account.
Accounts registered by "bots" or other automated methods
are not permitted.
3.5 Approval of registrations
The Company reserves the right to accept or reject any
application for registration of an account with the App
and/or at its discretion.
4. Intellectual property
4.1 Copyright
In these Terms of Use, the term
"Proprietary Content" means:
The App and/or the website;
All of its content (including all of the text,
graphics, designs, software, data, sound and video
files and other information contained in the App
and/or the website, and the selection and
arrangement thereof); and
All software, systems and other information owned or
used by the Company in connection with the App
and/or the website (whether hosted on the same
server as the App and/or the website or otherwise).
All Proprietary Content is the property of the Company
or its licensors (as applicable) and is protected by
Australian and international copyright laws. You must
not reproduce, transmit, republish or prepare
derivative works from any of the Proprietary Content,
except as expressly authorised by these Terms of Use
or with the prior written consent of the Company or
other copyright owner (as applicable).
You may download and print out content from the App
and/or the website only for your own personal and
non-commercial use and provided that you do not remove
or modify any copyright, trademark or other proprietary
notices.
4.2 Trademarks
The look and feel of the App and/or the website
(including all button icons, scripts, custom graphics
and headers) are the trademarks, service marks and/or
trade dress of the Company. These trademarks, service
marks and trade dress may not be used, copied or
imitated, in whole or in part, without the prior written
consent of the Company.
4.3 Copyright claims
If you believe that our site contains any material that
infringes upon any copyright that you hold or control,
or that users are directed through a link on the App
and/or the website to a third party website that you
believe is infringing upon any copyright that you hold
or control, you may send a notification of such alleged
infringement to us in writing. Such notification should
identify the works that are allegedly being infringed
upon and the allegedly infringing material and give
particulars of the alleged infringement. In response to
such a notification, we will give a written notice of a
claim of copyright infringement to the provider of the
allegedly infringing material. If the provider of that
material does not respond to us in writing denying the
alleged infringement within 14 days after receipt of
that notice, we will remove or block the allegedly
infringing material as soon as is reasonably
practicable. If the provider of that material responds
to us in writing denying the alleged infringement, we
will, as soon as is reasonably practicable, send a copy
of that response to the original notifying party. If the
original notifying party does not, within a further 14
days, file an action seeking a court order against the
provider of the allegedly infringing material, we may
restore any removed or blocked material at our
discretion. If the original notifying party files such a
legal action, we will remove or block the allegedly
infringing material pending resolution of that legal
action.
5. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND
ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS,
PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION
TO THE APP, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
The App and/or the website are provided strictly on an
"as is" basis. To the maximum extent permitted by law,
the Company and its officers, employees, agents,
consultants, licensors, partners and affiliates make no
representation, warranty or guarantee as to the
reliability, timeliness, quality, suitability, truth,
availability, accuracy or completeness of the App and/or
the website or any of its content, and in particular do
not represent, warrant or guarantee that:
The use of the App and/or the website will be
secure, timely, uninterrupted or error-free or
operate in combination with any other hardware,
software, system or data;
The App and/or the website will meet your
requirements or expectations;
Anything on the App and/or the website, or on any
third-party website referred or linked to in the App
and/or the website, is reliable, accurate, complete
or up-to-date;
The quality of any information or other material
purchased or obtained through the App and/or the
website will meet any particular requirements or
expectations;
Errors or defects will be corrected; or
The App and/or the website or the servers that make
it available are free of viruses or other harmful
components.
The report generated is compiled from the information
provided or entered by you or on your behalf. We
expressly disclaim any warranty that the report
generated is a complete and accurate record of your
annual income and expenditure or the property cost base.
The report can be no more accurate than the information
provided or entered by you or on your behalf and you
should consult your tax accountant before lodging your
tax return.
6. Limitation of liability
6.1 Exclusion of liability
To the maximum extent permitted by law, the Company and
its officers, employees, agents, consultants, licensors,
partners and affiliates exclude all liability to you or
any other person for any loss, cost, expense, claim or
damage (whether arising in contract, negligence, tort,
equity, statute or otherwise, and for any loss, whether
it be consequential, indirect, incidental, special,
punitive, exemplary or otherwise, including any loss of
profits, loss or corruption of data or loss of goodwill)
arising directly or indirectly out of, or in connection
with, these Terms of Use or the use of the App and/or
the website by you or any other person.
6.2 Remedies limited
To the maximum extent permitted by law, the Company and
its officers, employees, agents, consultants, licensors,
partners and affiliates expressly limit their liability
for breach of any non-excludable condition or
warranty/guarantee implied by virtue of any legislation
to the following remedies (the choice of which is to be
at the Company's sole discretion):
In the case of goods, to any of the following:
The replacement of the goods or the supply of
equivalent goods;
The repair of the goods;
The payment of the cost of replacing the goods
or of acquiring equivalent goods; or
The payment of the cost of having the goods
repaired; and
In the case of services:
The supply of the services again; or
The payment of the cost of having the services
supplied again.
6.3 Release
You agree that your use of the App and/or the website is
at your own discretion and risk. You agree to release
the Company and its officers, employees, agents,
consultants, licensors, partners and affiliates from any
claim, demand or cause of action that you may have
against any of them arising from these Terms of Use or
the use of the App and/or the website by you or any
other person. The Company may plead this release as a
bar and complete defence to any claims or proceedings.
6.4 Force majeure
To the maximum extent permitted by law, and without
limiting any other provision of these Terms of Use, the
Company excludes liability for any delay in performing
any of its obligations under these Terms of Use where
such delay is caused by circumstances beyond the
reasonable control of the Company, and the Company shall
be entitled to a reasonable extension of time for the
performance of such obligations.
7. General
7.1 Interpretation
In these Terms of Use, the following rules of
interpretation apply:
Headings are for reference purposes only and in no
way define, limit or describe the scope or extent of
any provision in these Terms of Use;
These Terms of Use may not be construed adversely
against the Company solely because the Company
prepared them;
The singular includes the plural and vice-versa;
A reference to a "person" includes an individual, a
firm, a corporation, a body corporate, a
partnership, an unincorporated body, an association,
a government body or any other entity; and
The meaning of general words is not limited by
specific examples introduced by "including", "for
example", "in particular" or similar expressions.
7.2 Notifications
The Company may provide any notification for the
purposes of these Terms of Use by email and/or by adding
the notification into your user control panel.
7.3 Costs
Except as specifically provided in these Terms of Use,
each party must bear its own legal, accounting and other
costs associated with these Terms of Use.
7.4 Assignment
You may not assign, transfer or sub-contract any of your
rights or obligations under these Terms of Use without
the Company's prior written consent. Your registration
with the App and/or the website is personal to you and
may not be sold or otherwise transferred to any other
person.
The Company may assign, transfer or sub-contract any of
its rights or obligations under these Terms of Use at
any time without notice to you.
7.5 No waiver
Waiver of any power or right under these Terms of Use
must be in writing signed by the party entitled to the
benefit of that power or right and is effective only to
the extent set out in that written waiver. Any failure
by the Company to act with respect to a breach by you or
others does not waive the Company's right to act with
respect to that breach or any subsequent or similar
breaches.
7.6 Severability
The provisions of these Terms of Use are severable and,
if any provision of these Terms of Use is held to be
illegal, invalid or unenforceable under present or
future law, such provision may be removed and the
remaining provisions shall be enforced.
7.7 Variation
The Company reserves the right to amend these Terms of
Use and any other policy on the App and/or website at
any time in its sole discretion and any such changes
will, unless otherwise noted, be effective immediately.
Your continued usage of the App and/or website will mean
you accept those amendments. We reserve the right,
without notice and at our sole discretion, to change,
suspend, discontinue or impose limits on any aspect or
content of the App and/or website.
You may only vary or amend these Terms of Use by written
agreement with the Company.
7.8 Governing law and jurisdiction
These Terms of Use will be governed in all respects by
the laws of Victoria. The parties irrevocably submit to
the non-exclusive jurisdiction of the courts of Victoria
and the courts of appeal from them.
8. Prohibited conduct
8.1 YOU MUST NOT:
Use any device, routine or software that interferes, or
attempt to interfere, with the proper working of the App
and/or the website;
Engage in any action that requires, or may require, an
unreasonable or excessively large load on our
infrastructure;
Use the App and/or website to decipher passwords or
security encryption codes, transmit any worms, viruses
or Trojan horses, transfer or store illegal, threatening
or obscene material or otherwise violate the security of
any computer network;
Use the App and/or the website to violate any applicable
local, state, national or international law, to engage
in any misleading or deceptive online marketing
practices or for any fraudulent or malicious purposes;
Use any spider, robot or search/retrieval application or
any screen scraping, data mining or similar data
gathering device, process, program or means to access,
retrieve or index any portion of the App and/or the
website;
Use the App and/or the website by any automated means;
Use the App and/or the website to transmit junk mail,
spam or chain letters or pyramid schemes or engage in
other flooding techniques or mass distribution of
unsolicited email;
Access, retrieve or index any portion of the App and/or
the website for use in constructing or populating any
database that is searchable online or for the purpose of
soliciting or sharing reviews;
Interfere with the display of any advertisements
appearing on or in connection with the App and/or the
website;
Reverse engineer, decompile, disassemble, adapt, modify,
translate, frame or reformat any of the material
contained on the App and/or the website;
Reproduce, duplicate, copy or store any of the material
appearing on the App and/or the website other than for
your own personal and non-commercial use;
Falsely imply that any other application or website is
associated with the App and/or the website;
Do anything that leads, or may lead, to a decrease in
the value of the Company's intellectual property rights
in the App and/or the website;
Use or exploit any of the material appearing on the App
and or the website for, or in connection with, any
business or enterprise (whether for profit or
otherwise), including any business or enterprise that is
in competition with the App and/or the website;
Release to the public any news release, advertising
material, promotional material or any other form of
publicity or information relating to the Company without
the Company's prior written consent; or
Use the App and/or the website to transmit any
information or material that is, or may reasonably be
considered to be:
Abusive, threatening, harassing, harmful, obscene,
indecent, lewd, inflammatory, violent, vulgar,
profane, racially, ethnically or otherwise
objectionable or offensive in any way;
Libellous, defamatory, pornographic, sexually
explicit, unlawful or plagiarised;
Infringing upon or violating any copyright,
trademark, patent or other intellectual property or
proprietary right;
In breach of any duty of confidentiality by which
you are bound, whether by way of a fiduciary or
contractual relationship;
In breach of any person’s privacy or publicity
rights;
A misrepresentation of facts, including the
impersonation of any person or entity or a
misrepresentation of an affiliation with any person
or entity (including any sponsorship or
endorsement);
In violation of any applicable law, statute,
ordinance or regulation, or encouraging of others to
do so;
Containing any political campaigning material,
advertisements or solicitations; or
Likely to bring the Company or any of its staff into
disrepute.
