Portal User Agreement
PIQ PORTAL TERMS AND CONDITIONS
Your access to and use of the Portal is subject to these Portal terms and conditions.
Prior to using the Portal, you should read these terms and conditions carefully. These terms and conditions constitute a legally binding agreement between you and Property IQ.
You, your or yours
Where we refer to ‘you’, ‘your’ or ‘yours’ in this agreement, that means the individual, company or organisation which will use the Portal. You may be either a strata manager or a customer of a strata manager (lot owner) who has a management agreement in place with a strata manager for the management of your properties.
Us, we or our
Where we refer to ‘we’, ‘us’ or ‘our’ in this agreement, that means PropertyIQ Pty Limited ABN 88 603 672 975 (“PropertyIQ”).
If we assign, novate, transfer or otherwise deal with our rights under this agreement, ‘we’, ‘us’ and ‘our’ refers to people to whom we have assigned, novated, or transferred our rights.
The term “agreement” refers to these PIQ Portal Terms and Conditions, including any documents which are incorporated by reference.
Grant of licence to use the Portal
We grant you a non-exclusive, non-sublicensable and non-transferable licence to access and use the Portal in the form we make it available from time to time.
Limitations on the licence granted you
The licence granted to you does not:
- constitute a sale or assignment by us of any of our rights in or to the Portal;
- include any rights to re-sell, re-distribute or sub-license the Portal for any purpose;
- entitle you to access or receive a copy of the source code for any of the software incorporated in the Portal; or
- permit you to copy, modify, adapt, add to, reverse engineer, disassemble, decompile or create derivative works from the Portal in any way, except as expressly authorised under the Copyright Act 1968 (Cth).
All of the intellectual property rights in and to the Portal (including without limitation all information, text, material, graphics, trademarks and software) will remain owned by us (or our licensors or any future assigns) and you will do all things reasonably requested by us in order to perfect such ownership.
You must not delete, obscure or modify any copyright or other proprietary rights, notices or disclaimers displayed on or as part of the Portal.
You agree not to access, download or otherwise use the Portal other than as expressly permitted by this agreement, and you will be responsible, and indemnify us accordingly, for any unauthorised use of the Portal.
We may make changes to the Portal (including by adding, changing or removing any features or functionality) at any time at our discretion. The rights we grant you only apply to the most recent version of the Portal that we have made available to you.
We will update any documentation we provide you (including user guides and training materials) within a reasonable time frame to reflect any changes we make to the Portal. We do not take any responsibility for the reliability of information outside our control.
The term “intellectual property rights” in this agreement means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade-marks, trade secrets, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Use of the Portal
You must maintain the security and secrecy of your user name and password and you must not permit any other person to access or use the Portal by using your user name and password.
- to only use the Portal in the form we make it available to you;
- to comply with any documentation provided by us to you that describes the intended use of the Portal;
- to follow any reasonable directions we provide to you in relation to your use of the Portal;
- not to undermine the operation, security and integrity of the Portal, including by introducing any virus, malicious code or other similar item in to any part of the Portal;
- you are responsible for obtaining all necessary rights to any data, information, content or other materials which is entered by you (“Content”) into the Portal;
- you are solely responsible for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights ownership in all Content; and
- you are solely responsible for selecting, supplying and maintaining your own facilities and equipment (including hardware, software and access to the internet) for use in connection with the Portal.
If you become aware that user name or password details have been compromised, become known by an unauthorised third party, or there has been an unauthorised use of your password and login details, then you must immediately either:
- notify us of this and we will take all reasonable steps to deactivate your account and issue new login details; or
- reset your password via Profile Settings.
For security reasons, we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Portal. We are not responsible for any information that you may lose if we terminate your browser session due to prolonged periods of inactivity.
Availability of the Portal
We will use reasonable efforts to provide access to the Portal at all times to the extent this is within our reasonable control. We may for example, be required to suspend access to the Portal if its security is compromised, if a flaw in the software is detected or otherwise as needed for us to carry out support and maintenance activities. Additionally, our provision of the Portal is dependent upon the inputs of various third parties, including hosting providers, and access to the Portal may be affected by the availability or otherwise of these inputs.
We will not be liable to you for any delay, interruption or unavailability of the Portal.
You warrant to us and agree that:
- where applicable, you have the right and authority to enter into this agreement on behalf of your company or organisation and to legally bind such company or organisation to the terms and conditions of this agreement; and
- all information provided by you to us in connection with this Agreement will be current, accurate, true and complete. You will promptly notify us if there are any changes to this information.
Each party must, where legally required to do so, comply with all privacy legislation in relation to any personal information that is collected, stored, used, disclosed or otherwise dealt with under or in connection with this agreement.
- not, and warrant and represent to us that you will not, process or otherwise do or omit to do anything in relation to personal information that would cause us to contravene any privacy legislation;
- cooperate with us to resolve any complaint or inquiry made under any privacy legislation, or in relation to any request for access to personal information;
- notify us immediately if you become aware of any breach or potential breach of your obligations under this section, provide any details in relation to the failure that we request, and without limiting any of our rights under this agreement, immediately comply with any reasonable direction from us with respect to remedying that breach.
The term “personal information” has the meaning given in the Privacy Act 1988 (Cth).
The term “privacy legislation” means the Privacy Act 1988 (Cth) and any legislation (to the extent that such legislation applies to you) from time to time in force in any jurisdiction affecting privacy, personal information or the collection, handling, storage, processing, use or disclosure of personal information.
Consent to collection and use of data
You acknowledge and agree that we will collect, store, use and disclose the Content (including personal information), in connection with your use of the use Portal.
Our collection, storage, use and disclosure of all other Content which is not personal information, (including data which relates to the attributes of or use of a property) is solely for the following limited purposes:
- generating usage records and reports based on your use of the Portal, in aggregated and/or statistical form;
- conducting research about our products and services, the property market or product trends in aggregated and/or statistical form;
- developing our products and services, in particular the Portal;
- preventing or investigating any fraud or crime (or a suspected fraud or crime); and
- auditing and monitoring the use of the Portal.
Links to third party websites
The Portal contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You click a link on the Portal that directs you to another website entirely at your own risk.
Our liability to you for loss or liability
We have no liability for any fault or error in the Portal that is caused by:
- use of the Portal other than in accordance with this agreement and any instructions we provide to you;
- you failing to comply with your obligations under this agreement;
- you using the Portal in combination with any materials, equipment or software that we did not provide to you; or
- you failing to perform your obligations under this agreement.
This section “Our liability to you for loss or liability” survives termination of this agreement.
To the maximum extent permitted by law, our aggregate liability to you for any loss under or in connection with this agreement (whether in contract, tort (including negligence) or otherwise) is limited to $AUD 10.00.
We will not be liable for any indirect, special or consequential damages (being damages other than damages that may fairly and reasonably be considered arising naturally or directly from the event by which they are caused) arising out of or in connection with this agreement and includes damages for loss of profit, loss of opportunity, loss of anticipated savings and loss resulting from third party claims.
Exclusion of implied terms
The Portal is provided to you on an “as is” basis and to the maximum extent permitted by law, we exclude all conditions, representations, warranties and statutory guarantees whether express or implied in relation to the Portal under this agreement.
If a condition, representation, warranty or statutory guarantee cannot, by law, be excluded then to the extent permitted by law, we limit our liability in relation to that condition, representation, warranty or statutory guarantee to:
- in relation to software, the repair or replacement of the software or the cost of repair or replacement; and
- in relation to services, the resupply of those services or the cost of resupply.
This section “exclusion of implied terms” survives termination of this agreement.
The term “loss” includes all loss, liability, damages, costs and expenses (including reasonable legal expenses).
Term, Termination and Suspension
This agreement commences on the date you activate your account and continues until the anniversary of the original account activation date and thereafter, subject to your compliance with the terms of this Agreement, will automatically renew for successive one-year terms unless terminated earlier in accordance with this agreement.
We may terminate this agreement on notice to you if you fail to comply with the terms of this agreement and fail to cure such breach within 30 days of becoming aware of or receiving notice of such breach.
Additionally, we may terminate this agreement and the access of any lot owner to the Portal immediately and without notice, following the termination (for any reason) of the management agreement between such lot owner and their strata manager. You agree to notify us immediately of this fact should this occur.
In any circumstance where we have a right to terminate, we may instead decide to suspend the rights granted to you under this agreement for a period of up to 30 days.
Consequences of Termination
On termination of this agreement for any reason all rights and licences granted under this agreement will cease and you must stop using the Portal.
Changes to these terms and conditions
We may change the terms of this agreement at any time by notice to you. Where we do make such changes, in order to continue using the Portal you must accept and agree to the new terms of this agreement. If you do not agree to the new terms your use of the Portal will be suspended or terminated by us.
These terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that place.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.