Portal User Agreement

PropertyIQ Pty Ltd – Version 3.0, 10 November 2023.

Last modified 1 July 2022, Version 2.0.

Your access to and use of the PIQ lot owner portal (“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 PropertyIQ.

The term “agreement” refers to these PIQ Portal terms and conditions, including any documents which are incorporated by reference.

1. 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 a strata manager, a customer of a strata manager (for example, a lot owner) who has a management agreement in place with a strata manager for the management of your properties, or an authorised representative of either.

2. US, WE OR OUR

2.1 Where we refer to ‘we’, ‘us’ or ‘our’ in this agreement, that means PropertyIQ Pty Limited ABN 88 603 672 975 (“PropertyIQ”). 

2.2 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

3. GRANT OF LICENCE TO USE THE PORTAL

3.1 We grant you a non-exclusive, non-sublicensable and non-transferable limited licence during the Term to access and use the Portal.

3.2 You acknowledge we are continually enhancing and improving the Portal and as such, we may, acting reasonably, update or make changes to the Portal from time to time. The licence granted to you in section 3.1 applies to the most recent version of the Portal.

3.3 If we make changes to the Portal, we will use commercially reasonable efforts to notify you.

3.4 The parties agree that while we will endeavour to provide prior notice of any change under section 3.3, such prior notice may not be possible where an immediate change is reasonably necessary to protect the legitimate interests of either party and in such a case, notice may be provided after the fact.

4. LIMITATIONS ON THE LICENCE GRANTED TO YOU

The licence granted to you in section 3.1 does not:

a) constitute a sale or assignment by us of any of our rights in or to the Portal; or

b) entitle you to access or receive a copy of the source code for any of the software incorporated in the Portal.

5. INTELLECTUAL PROPERTY

5.1 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.

5.2  You must not delete, obscure or modify any copyright or other proprietary rights, notices or disclaimers displayed on or as part of the Portal.

5.3 You agree not to access, download or otherwise use the Portal other than as expressly permitted by this agreement, and you will be responsible for any unauthorised use of the Portal.

5.4 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.

6. USE OF THE PORTAL

6.1 You must maintain the security and secrecy of such user name and the password you create to access the Portal (“Credentials”) and you must not permit any other person to access or use those Credentials. You are solely responsible for any activity that occurs on your account on the Portal, excluding any activity by PIQ staff.

6.2 Without limiting your other obligations under this agreement, you agree:

a) to comply with any documentation provided by us to you that describes the intended use of the Portal;

b) to follow any reasonable directions we provide to you in relation to your use of the Portal;

c) not to undermine the operation, security and integrity of the Portal;

d) you are responsible for obtaining all necessary rights to any data, information, content or other materials which you enter  into the Portal (“Content”) in order to use such Content in the Portal;

e) you are solely responsible for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights ownership in all Content; and

f) 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.

6.3 If you become aware that your Credentials have been compromised, become known by an unauthorised third party, or there has been an unauthorised use of your Credentials, then you must as soon as reasonably practicable either:

a) notify your strata manager in writing of this and we will work together with your strata manager to take all reasonable steps to deactivate your account and issue new login details; or reset your password via Profile Settings.

6.4  To protect the security of the Portal, 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. 

6.5   You must not, and must not permit any third party to:

a) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Portal, including any source code, object code, algorithms, methods or techniques used or embodied therein;

b) data mine, scrape, crawl, harvest or use any process or processes that send automated queries to the Portal;

c) reproduce, copy, frame, mirror, republish, download, display, transmit, all or any part of the Portal in any way unless expressly agreed otherwise;

d) modify, adapt or incorporate all or any part of the Portal into any other material, product, service, system or database or create any derivative works based upon the Portal without our prior written consent;

e) resell, distribute, market, lease, assign, sublicense, transfer or otherwise commercially exploit any right, title or interest in all or any part of the Portal to any third party, or use the Portal on behalf of or for the benefit of any third party unless expressly agreed otherwise;

f) use the Portal in a manner which interferes with the privacy of an individual or otherwise breaches the Privacy Act 1988 (Cth) (“Privacy Act”);

g) remove or alter any registered or unregistered trade mark, logo, copyright notice or other proprietary notice appearing on or in the Portal;

h) use the Portal to gain unauthorised access to or interfere with any online resources or systems of any third party, including by any form of hacking;

i) circumvent any security measures;

j) use the Portal in any manner that is likely to result in our systems, or systems of any other person, being affected by any virus, worm, Trojan, disabling code, bomb, back-door or similar computer program that is designed to, or may in the ordinary course of its operation, prevent, inhibit or impair the performance of the Portal;

k) use the Portal in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space, infrastructure, security systems or other resources or those of our third-party service providers or other customers;

l) use the Portal in a way you know or ought to reasonably know, infringes any third party’s intellectual property rights;

m) use the Portal for the purposes of accessing, storing, distributing, providing (including to us) or otherwise transmitting any information, data, material or content that is unlawful, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or

n) use the Portal in any way that may violate any laws, or cause us to be in violation of any laws.

7. AVAILABILITY OF THE PORTAL

7.1 We will use reasonable efforts to provide access to the Portal at all times to the extent this is within our reasonable control. You acknowledge that 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.

7.2 We will not be liable to you for any delay, interruption or unavailability of the Portal.

8. WARRANTIES

You represent and warrant to us and agree that:

a)   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

b) 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.

9. PRIVACY

9.1 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.

9.2 Without limiting section 9.1, you must:

a) ensure, and represent and warrant to us, that you have all necessary licences, consents and any other approvals if you are using the Portal to collect, use, store or disclose personal information that is not your own;

b) 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;

c) 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; and

d) notify us as soon as reasonably practicable 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.

9.3 The term “personal information” has the meaning given in the Privacy Act.

9.4 The term “privacy legislation” means the Privacy Act 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.

10. CONSENT TO COLLECTION AND USE OF DATA

10.1 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.

10.2 Our collection, storage, use and disclosure of personal information is in accordance with the Macquarie Group Privacy Policy which can be viewed at https://www.macquarie.com.au/privacy-and-cookies.html and which is incorporated by reference into this agreement. We may use your personal information to offer you other products or services. You can change your marketing preferences with us by calling us on 1800 806 310 or visiting macquarie.com.au/optout-bfs.

10.3 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:

a) generating usage records and reports based on your use of the Portal;

b) conducting research about our products and services, the property market or product trends;

c)  developing our products and services, in particular the Portal;

d) preventing or investigating any fraud or crime (or a suspected fraud or crime);

e) auditing and monitoring the use of the Portal; and

f) undertaking data analysis and other related activities.

11. LINKS TO THIRD PARTY WEBSITES

The Portal may contain hyperlinks and other pointers to internet websites operated by third parties. You acknowledge that these linked websites are not under our control and as such, 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. If you click a link on the Portal that directs you to another website, this is entirely at your own risk.

12. OUR LIABILITY TO YOU FOR LOSS OR LIABILITY

12.1 To the maximum extent permitted by law:

a) each party excludes all liability to the other party for loss of revenue, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss of goodwill, loss of reputation, loss in connection with any third party claims, any indirect, special or consequential loss (being losses other than losses that may fairly and reasonably be considered to arise naturally, that is, according to the usual course of things, or directly from the event by which they are caused); and

b) other than liability arising in connection with sections 3 (Grant of licence to use the Portal) and 6 (Use of the Portal) and subject at all times to sections 12.2 and 12.3, each party excludes all liability to the other party in respect of any loss or damage suffered or incurred by the other party arising out of or in relation to this agreement.

12.2 Section 12.1 does not exclude or limit:

a) the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of this section to be void;

b) any liability in relation to the personal injury or death of any person;

c) any liability in relation to a party’s wilful misconduct, fraud or fraudulent misrepresentation; or

d) either party’s obligations under section 9 (Privacy).

12.3 We have no liability for any fault or error in the Portal that is caused by:

a) use of the Portal other than in accordance with this agreement and any instructions we provide to you;

b) you failing to comply with or perform your obligations under this agreement; or

c) you using the Portal in combination with any materials, equipment or software that we did not provide to you.

12.4 This section 12 survives termination of this agreement.

13. EXCLUSION OF IMPLIED TERMS

13.1 You acknowledge that the Portal is provided to you on a good faith basis and for no consideration. As such, 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. You assume all risk in using or relying on the Portal (or both).

13.2 This section 13 survives termination of this agreement.

13.3 The term “loss” includes all loss, liability, damages, costs and expenses (including reasonable legal expenses).

14. TERM, TERMINATION AND SUSPENSION

14.1 This agreement commences on the date you agree and accept this agreement and continues until terminated earlier in accordance with this agreement.

14.2 Either party may terminate this agreement on notice to the other party if that other party breaches the terms of this agreement and:

a) fails to cure such breach within 30 days of becoming aware of or receiving notice of such breach; or

b) such breach cannot be cured.

14.3 You acknowledge that where you are accessing the Portal in your capacity as a lot owner, you are only doing so due to your strata manager being a customer of PIQ. As such, we may terminate this agreement and the access of any lot owner to the Portal where the management agreement between a lot owner and their strata manager is terminated (for any reason). You agree to notify us as soon as reasonably practicable of becoming aware of the termination of any such management agreement.

14.4  Subject to sections 14.5 to 14.7, we may suspend your access to the Portal:

a) if there is an actual breach of this agreement and such breach is incapable of remedy or where you fail to remedy such breach within 30 days after receiving written notice requiring it to do so;

b) if we form a good faith belief that there is suspicious or unusual activity relating to the Portal or your account and consider, acting reasonably, that such suspension is necessary to protect the security, stability or integrity of any of the Portal;

c) in order to comply with applicable laws or directions from a regulatory authority;

d) for the purposes of maintenance of the Portal;

e) if your strata manager revokes your access to the Portal for any reason; or

f) if we receive a notice from a third party with a legitimate interest to be protected (including any regulatory authority) requiring us to cease making the Portal available or remove any content being made available through the Portal.

14.5 We will restore access to the Portal as soon as reasonably possible after the reason for the suspension has been addressed or removed.

14.6 Where commercially reasonable to do so, we will:

a) notify you prior to exercising any suspension rights under section 14.4; and

b) provide you with an opportunity to remedy the event giving rise to the need to exercise our suspension rights.

14.7 Notwithstanding section 14.6, you acknowledge that prior notice under section 14.6 may not be possible where immediate suspension is reasonably necessary to protect the legitimate interests of either party.

14.8 If you are an employee, contractor, agent or other personnel using the Portal on behalf of a business or company that is our customer, we may terminate or suspend your access to the Portal for any reason specified in our agreement with that business or company.

15. CONSEQUENCES OF TERMINATION

On termination of this agreement for any reason all rights and licences granted under this agreement will cease and you must immediately stop using the Portal.

16. CHANGES TO THESE TERMS AND CONDITIONS

16.1 We may, acting reasonably, change the terms of this agreement by providing at least 30 days’ prior 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.

16.2 If you are unable or unwilling to comply with the new terms, you may immediately terminate this agreement upon written notice to us in which case your use of the Portal will be terminated.

17. MISCELLANEOUS

17.1 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.

17.2 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.

17.3 All rights not expressly granted herein are reserved. You agree and accept the terms of this agreement by either checking a box at the end of this agreement or clicking on an “agree” button or similar.