Property Connect Holdings Ltd is listed on the Australian Stock Exchange (ASX:PCH)


CORPORATE DIRECTORY

 

DIRECTORS

Michael Carter (Non-Executive Chairman)

Darren Patterson (Executive Director and CEO)

David Nolan (Non-Executive Company Secretary)

 

REGISTERED OFFICE & PRINCIPAL PLACE OF BUSINESS

Property Connect Holdings Limited
Level 26, 1 Blight St, 
Sydney, NSW 2000, Australia
Telephone: +61 2 8226 8516

E-mail: darren.patterson@propertyconnect.com
Website: www.propertyconnect.com

 

SHARE REGISTRY

Computershare Investor Services Pty Ltd
60 Carrington St, 

Sydney, NSW, 2000

Postal Address:

GPO Box 2975
Melbourne VIC 3001

Phone:  
Inside Australia      1300 850 505
Outside Australia  +61 3 9415 4000
Fax                         +61 3 9473 2500

Email: www.investorcentre.com/contact

Website: www.computershare.com


SOLICITORS

Addisons

Level 12, 60 Carrington Street
Sydney NSW 2000 Australia

Postal Address:
GPO Box 1433
Sydney NSW 2001 Australia

Website: www.addisonslawyers.com.au


AUDITORS

Pitcher Partners NSW Pty Ltd
Level 22 MLC Centre
19 Martin Place
Sydney NSW 2000 Australia

ASX CODES

Property Connect Holdings Limited is listed on the Australian Stock Exchange (Shares: PCH)

 

ASX ANNOUNCEMENTS


CORPORATE POLICIES

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THE BOARD

 

Featured Press

Announcements & News

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Privacy Policy

 

Property Connect Operations Pty Ltd ACN 620 787 117 (PCH, us or we) owns and operates the website www.propertyconnect.com and www.live-offer.com.au (Website) and the LiveOffer Platform and App (LiveOffer Platform), which is a rental application app that enables prospective tenants to make offers in real-time for rental properties (collectively the LiveOffer Services). PCH is dedicated to ensuring that we comply with our obligations under the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (the APPs).  This Privacy Policy explains how we manage the personal information that is collected, used, disclosed and stored about you.

Acceptance

By using the LiveOffer Services or by otherwise providing your personal information to us, you confirm your acceptance of the terms of this Privacy Policy and your consent to the handling of your personal information as set out in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use the LiveOffer Services or otherwise provide us with your personal information.

What is personal information?

“Personal information” means information or an opinion that is capable of reasonably identifying an individual, whether that information or opinion is true or not and whether the information or opinion is recorded in a material form or not.  For example, this may include your name, mobile number and email address.

What personal information do we collect?

The type of personal information that we may collect from you varies depending on the circumstances of collection and may include (but is not limited to): your name, mobile number, credit card details, income, employment details, referees, drivers license, passport and email address.

If you make an offer for a rental property using the LiveOffer Platform, we will collect details of the amount of rent you are prepared to offer, the proposed lease term and move-in date as well as the date/time when your offers are submitted. Sometimes we may also collect a photo of you if requested by the property manager of the rental property in respect of which you are submitting an offer.

If you are applying for employment, we will collect, for example, details of your employment history and referee details.

From time to time, you may be able to visit the Website or Platform and deal with us anonymously or by pseudonym.  For example, you may be able to make an offer on the LiveOffer Platform using a pseudonym. However, please be aware that, if you do not provide us with certain information that we require, we may not be able to provide you with the particular LiveOffer Services that you seek. For example, if we do not have your mobile number or email address, we will not be able to notify you regarding the status of your offer.

How do we collect personal information?

We may collect personal information from you in variety of ways, including when you:

·       create a profile on the LiveOffer Platform or update your profile;

·       make an offer for a rental property and/or pay a holding deposit via the LiveOffer Platform;

·       visit the LiveOffer Platform or any LiveOffer official social media pages and other webpages that we own, operate or manage;

·       contact us by phone, email, post or via our Website enquiry form (whether you are a prospective tenant, PCH client, commercial partner or supplier);

·       subscribe to receive our newsletters or to receive other promotional materials;

·       sign-up to participate in surveys, competitions or other promotional activities;

·       apply for employment with PCH; and

·       become a key contact of a PCH client, commercial partner or supplier.

In some circumstances, we may also collect your personal information from third parties, which may include (but is not limited to):

·       real estate agents using the LiveOffer Platform to manage listings for rental properties. For example, real estate agents will inform us whether credit, reference or residential tenancy database checks they have conducted are satisfactory or not;

·       if you are applying for employment with PCH, recruiters we have retained and your referees;

·       credit and reference checking agencies; and

·       law enforcement agencies and other government entities.

Your personal information will only be collected from third parties if it unreasonable or impractical to collect that personal information from you directly. 

Collection of non-personal information

We may also collect and store certain non-personal information when you visit or use the LiveOffer Services.  This information may include your IP address, domain server, login session, type of internet browser and type of device you are using.

Why do we collect your personal information and how do we use it?

PCH may collect and use your personal information for the purposes of providing you with the LiveOffer Services, which includes but is not limited to:

·       registering, setting up and managing profiles on the LiveOffer Platform;

·       facilitating the conduct of LiveOffers, including liaising with real estate agents and prospective tenants participating in LiveOffers and to enable related searches to be conducted, such as identity and credit checks, if required;

·            processing holding deposits to secure a property;

·       responding to your questions, comments, requests and complaints and to otherwise provide customer services;

·       to enhance, improve and further develop the LiveOffer Services, for example, creating new features or functions, refining the user experience, increasing technical performance etc;

·       to operate and maintain the LiveOffer Services eg fix malfunctions, test security systems etc;

·       to help personalise the LiveOffer Services, for example, remembering your information so that you do not have to enter it each time you use the Platform;

·       marketing our products and services and providing you with information and updates such as newsletters or offers of promotional events or opportunities (such as competitions or surveys) that you may be interested in;

·       the prevention of fraud and/or identifying and investigating any suspicious use of the LiveOffer Services;

·       assessing and processing employment applications and conducting due diligence as part of pre-employment screening;

·       for our internal business and management processes, for example, accounting or auditing purposes;

·       for any other purpose to allow us to comply with our obligations under law; and

·       for any other purposes that would reasonably be expected by you.

The non-personal information we collect helps us to analyse trends, improve our services and administer the LiveOffer Services.

Direct Marketing

PCH may use your personal information for the purposes of marketing the LiveOffer Services to you or to inform you of new products, promotions or events that we believe you may be interested in.  If you would like to stop receiving any of these marketing communications, you can opt out by writing to us at the contact details listed below (“Contact Details”) and informing us that you no longer wish to receive these materials.   If at any time you would like to stop receiving future emails, you can click “unsubscribe” at the bottom of each direct marketing email we send.

Who will we disclose your information to?

From time to time, PCH may disclose your personal information to third parties, both within and outside Australia, for the purposes of conducting our business.  These third parties may include (but are not limited to):

·       real estate agents, when you make an offer in respect of a rental property using the LiveOffer Services;

·       third party service providers and agents who assist us in managing our business or operating the Platform, for example, business support services, payment processors, webhosting service providers, cloud storage providers, mailing houses etc;

·       credit and reference checking agencies;

·       our professional advisors including lawyers, accountants, tax advisors and auditors;

·       law enforcement bodies to assist in their functions, courts of law or as otherwise required or authorised by law; and

·       regulatory or government bodies for the purposes of resolving customer complaints or investigations.

Where you have provided us with consent, we may also disclose your contact details to ReduceMyBills, which provides services connecting tenants to third party utility companies. ReduceMyBills may then contact you in relation to its services.  

Occasionally, we may disclose personal information to overseas recipients, for example:

·       to our related companies, located in the USA; and

·       if we store, process or back-up your personal information on servers that are located in the USA (for example, cloud service providers).

Please be aware that the privacy laws in other countries might not be the same as in Australia.  However, where we do disclose your personal information to overseas third parties, we will take such steps as are reasonable to ensure that your personal information is handled in accordance with this Privacy Policy. For example, we take steps to ensure that these third parties are obliged to protect and secure your personal information and use it only for the purpose for which it was disclosed.

Cookies

We may use cookies to improve your experience on the Website and Platform. The information gathered from cookies is used to build statistical and demographical information which does not identify you personally.

To disable your cookies, please refer to the help menu within your Internet browser. However, cookies allow you to take full advantage of some of the LiveOffer Services.

How do we secure and protect your personal information?

We take such steps as are reasonable in the circumstances to store your personal information securely to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure. 

In order to protect your personal information we use industry standards and practices, such as through our use of Secure Socket Layer (SSL) technology, encrypted payment gateways, firewalls, etc.

Please note that we do not store your credit card details.

To the extent permitted by law, PCH takes reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed for any purpose under this Privacy Policy, except in circumstances where PCH is required or authorised to retain this personal information (including as a result of the operation of tax, financial services or other applicable law).

Third Party Links

Our Website may contain links to websites operated and maintained by third parties over which we have absolutely no control.  These third party websites are not subject to this Privacy Policy or our privacy standards and procedures. Any information you provide to third party websites will be governed by the terms of the websites’ privacy policies. We have no responsibility or liability whatsoever for the content, actions or policies of third party websites. The inclusion of third party links on our Website in no way constitutes an endorsement of such websites’ content, actions or policies.  

How do we maintain the accuracy of the personal information we hold about you?

We take such steps as are reasonable in the circumstances to ensure that the personal information that we collect is up-to-date and complete.

However, in order to maintain the accuracy of the personal information, we rely on the quality of the personal information that you provide to us.  To ensure that we always have your most up-to-date personal information, please contact us as soon as possible when your details change.  This might include when you change your name, mailing address or use a new email address.

Alternatively, you may update your details by accessing your profile on the Platform.

Accuracy and requests for access and correction of personal information

You are entitled to access and correct the personal information we hold about you and to have any inaccuracies in the information corrected.  However, in order to maintain the accuracy of your personal information, we rely on the quality of the personal information you provide to us.

If you would like to access, update or correct any of the personal information we hold about you, you may do so by sending us an email to privacy@propertyconnect.com and informing us that you wish to access or correct your personal information.

There are some circumstances specified by law where we may refuse your request for access to and/or the correction of your personal information.  However, if one of these circumstances applies, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.

Once we receive your request for access or correction, we will endeavour to respond to your request within a reasonable period after the request is made.  We may also charge reasonable costs for responding to your request.

Complaints

If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please inform us of the nature of your concern or complaint by emailing privacy@propertyconnect.com.

We will then investigate your complaint and endeavour to provide you with our response within a reasonable time.  If, after receiving our response you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to the Office of the Australian Information Commissioner at www.oaic.gov.au.

Changes to Our Privacy Policy

PCH reserves the right to make changes to this Privacy Policy from time to time.  We will publish any changes to the Privacy Policy on our Website at www.propertyconnect.com/privacy and www.live-offer.com/privacy and may notify you of the changes by posting an announcement on the Website or sending you an email or an account notification.  We encourage you to review the Privacy Policy regularly for updates and amendments.  By continuing to use our Websites or the LiveOffer Services, or by continuing to provide us with your personal information after these changes have been published on our Website, you confirm your acceptance of these changes.

Contact Details

If you have any questions or comments about this Privacy Policy, please contact us:

Property Connect Holdings Ltd

Level 26, 1 Bligh St

Sydney, NSW 2000, Australia

Phone:  +61 (02) 8226 8516

Email: privacy@propertyconnect.com

Last Updated: 14th August 2018

TERMS AND CONDITIONS FOR USERS

Last updated: 14 August 2018

These Terms and Conditions form an agreement between Property Connect Operations Pty Ltd ACN 620 787 117 (referred to as “we”, “us” or “our”) and an individual registering to be a user of our services (referred to as “you” or “your”). You warrant that you have the legal capacity to accept these Terms and Conditions and form an agreement with us.

We provide a software application called ‘LiveOffer’ (“App”) and a system which enables you, as a user of the App, to make offers to rent residential properties listed on the App (“Residential Properties”) in real-time (“Services”). We accept your and other users’ offers to rent Residential Properties (“Offers”) on behalf of the owner of a Residential Property (“Landlord”). Offers are ranked and, if your Offer is not the highest-ranked Offer, you will be able to make a new Offer. The highest-ranked Offer at the end of the process is then presented to the Landlord for approval. If the Landlord does not approve that Offer, the second highest-ranked Offer is then presented to the Landlord for approval. This process continues until the Landlord approves an Offer. At that point in time, the user who made the Offer approved by the Landlord (“Approved User”) will be required to pay a holding fee to us on behalf of the Landlord for the Residential Property (“Holding Fee”). The real estate agent managing the process of renting out the Residential Property (“Real Estate Agent”) will then liaise with the Approved User in relation to entering into a residential tenancy agreement for the Residential Property.

Offers are irrevocable.  If your Offer is approved by the Landlord you will be given a copy of the residential tenancy agreement for the Residential Property, and you can still choose at that point not to enter into the residential tenancy agreement. Other than the Holding Fee, we do not receive any payments from you in relation to a Residential Property on behalf of the Landlord.  

In order to use the Services you must agree to these Terms and Conditions. Upon your electronic acceptance of these Terms and Conditions, you will be legally bound by these Terms and Conditions.  

If you have any questions or feedback on the Services, please contact our support team at support@propertyconnect.com (“Support Team”).

1. Use of Services

1.1 To use the Services you are required to register for an account on the App (“Account”).

1.2 To register for an Account, you must be at least 18 years old.

1.3 Account registration requires you to provide certain information, including without limitation, personal information, email and a username and password (“User Information”). Sometimes we may also collect a photo of you if requested by the property manager of the Residential Property in respect of which you are submitting an Offer.

1.4 You warrant that all information that you have provided to us for registration is true, accurate and up-to-date in all respects.  If your details or information changes you must notify us immediately. You can update or correct your details or information at any time via the App or by contacting our Support Team.  

1.5 You are required to keep your User Information confidential. You are responsible for all activity that occurs under your Account. If you suspect that there has been unauthorised access to your Account, please contact our Support Team immediately.  

1.6 You are responsible for your use of the Services and your own behaviour as a user of the Services.

1.7  You must not:

(a)  use the App on behalf of any other individual or entity;

(b)  use the Services for any unlawful purpose;

(c)   use the Services in any way that interrupts, damages, impairs or makes the Services less efficient;

(d)  attempt to:

(i)  transfer any files which contain viruses, trojans or other harmful programs via the App;

(ii)   access the accounts of other users of the App;

(iii)  penetrate any of our security measures; or

(iv)  decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the App;

(e)  use the Services to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;

(f)  engage in any screen scraping or data acquisition and consolidation;

(g)  use the Services to advertise or promote third party or your own products or services;

(h)  perform any act which may damage our reputation or bring our business into disrepute; or

(i)  advocate, encourage, or assist any third party in doing any of the above.

1.8 You are responsible for obtaining the necessary telecommunication and data services, and acquiring and updating compatible devices, to access and use the Services. 

2. Nature of the Services

2.1 We do not own, provide, control, manage, offer, deliver, or supply any Residential Properties. Real Estate Agents or any Landlord are responsible for the relevant Residential Property and any residential tenancy agreement for that Residential Property. Except as expressly set out in these Terms and Conditions, we are not acting as an agent of a Real Estate Agent or a Landlord.    

2.2  We do not have any control over and, subject to clause 12.1, do not guarantee:

(a) the existence, quality, safety or suitability of any Residential Property;

(b) the reliability, accuracy or completeness of any description of a Residential Property; or

(c)  the actions or inactions of any Real Estate Agent or Landlord in relation to a Residential Property.

2.3 We do not endorse any Residential Property, Real Estate Agent or Landlord. You should always exercise due diligence and care when deciding whether to make an offer for a Residential Property or to enter into a residential tenancy agreement for a Residential Property.

3. Links to Third Party Websites

3.1  The App often includes hyperlinks to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of our Real Estate Agent customers. Those third party websites do not form part of the App and are not under the control or the responsibility of us.

3.2  When you link to those websites, you leave the App and do so entirely at your own risk. We make no warranties as to the accuracy or reliability of the information contained on any third party websites, and we disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.

4. Third Party Content

4.1 The App contains content provided to us by third parties, including, without limitation, Real Estate Agents and Landlords (“Third Party Content”).

4.2 We do not monitor or make inquiries in relation to Third Party Content.

4.3  Subject to clause 12.1, we are not responsible for, do not endorse and make no representations or warranties to you or to any other user, either expressly or impliedly, as to the reliability, accuracy or completeness of the Third Party Content or any information provided through the Services. Third Party Content does not represent our views. You rely on Third Party Content completely at your own risk. We recommend that you use your discretion when acting on Third Party Content and information received through the Services.

5.  Tenancy Reports

5.1  We are an authorised reseller of Equifax National Tenancy Database Tenancy Reports (“Reports”).

5.2 Landlords use the National Tenancy Database for the purposes of deciding whether to enter into a residential tenancy agreement with a person.

5.3  Landlords use Reports for the purposes of checking your tenancy history.

5.4 Reports may be purchased on the App by completing your renter’s profile and pre-screening in the renter’s dashboard. Alternatively, if you are the highest-ranking Offer at the end of the LiveOffer process and are yet to purchase a Report, you will be prompted by email to purchase a Report at that time.

5.5 If you order a Report from us, you agree that (in addition to the other provisions of these Terms and Conditions):

(a) you will comply with Equifax’s conditions of use for the Report, available at https://www.tenancydatabase.com.au/terms;

(b) you will only order a Report in relation to you (and not in relation to any other individual);

(c)  you will not have access to the Report, but you will be provided with notice of the result of the Report;

(d)  we may provide a copy of the Report, or information contained in the Report, to each Real Estate Agent and Landlord of any Residential Properties in respect of which you make an Offer; and

(e) we may provide evidence of your electronic acceptance of these Terms and Conditions to Equifax Australia Information Services and Solutions Pty Ltd.

5.6 We do not monitor or make inquiries in relation to the Reports.

5.7  Subject to clause 12.1, we are not responsible for, do not endorse and make no representations or warranties to you or to any other user, either expressly or impliedly, as to the reliability, accuracy or completeness of a Report or any information provided through a Report. Reports do not represent our views. You rely on a Report completely at your own risk. We recommend that you use your discretion when acting on a Report and information received through that Report.

5.8  Subject to clause 12.1, we exclude all liability for loss or damage in relation to:

(a) the accuracy, completeness or quality of the information supplied as part of a Report; and

(b)  any decision made by you or any other person using information supplied as a part of a Report.

5.9  If you wish to contact and obtain information from the National Tenancy Database, please email info@tenancydatabase.com.au or call 13 83 32.

6.  ReduceMyBills

6.1  Where you have provided us with consent, we may provide your contact details (comprising your name, residential address, mobile number and email) to ReduceMyBills, a service provided by Equifax Pty Ltd (Equifax). ReduceMyBills contacts tenants to assist with connection of the tenant to a third party utility company.

6.2 Equifax may pay us a commission for each successful connection between a tenant (referred to ReduceMyBills by us) and a utility company resulting from contact by ReduceMyBills,

6.3 We do not monitor or make inquiries in relation to ReduceMyBills.

6.4 We are not responsible for, do not endorse and make no representations or warranties to you or to any other user, either expressly or impliedly, as to the services provided by ReduceMyBills or information provided by ReduceMyBills, You rely on information provided by ReduceMyBills completely at your own risk. We recommend that you use your discretion when acting on information received from ReduceMyBills.

6.5 We exclude all liability for loss or damage in relation to:

(a)  the services or information provided by ReduceMyBills; and

(b)  any decision made by you or any other person as a result of, or in connection with, the services or information provided by ReduceMyBills.

7.  Holding Fees

7.1 If you are the Approved User, you must pay us, on behalf of the Landlord, the Holding Fee for the Residential Property. The Holding Fee cannot exceed one week's rent for the Residential Property (based on the rent under the proposed residential tenancy agreement).

7.2 If an Approved User has paid a Holding Fee, the Landlord must not enter into a residential tenancy agreement for the Residential Property with any other person within 7 days after receipt of the Holding Fee (or within such further period as may be agreed with the Approved User) unless the Approved User notifies the Landlord that the Approved User no longer wishes to rent the Residential Property or will not enter into the residential tenancy agreement.

7.3  A Holding Fee may be retained by the Landlord, including if the Approved User enters into the residential tenancy agreement, fails or refuses to enter into the residential tenancy agreement within 7 days after receipt of the Holding Fee (or within such further period as may be agreed with the Approved User), or seeks to negotiate the residential tenancy agreement, but a Holding Fee must not be retained by the Landlord and will be refunded to the Approved User if:

(a) the Approved User refuses to enter into the residential tenancy agreement because of a material misrepresentation or failure to disclose a material fact by the Landlord or Landlord's agent; or

(b) the Landlord enters into a residential tenancy agreement for the Residential Property with another person in breach of clause 7.2.

7.4 If an Approved User and the Landlord enter into a residential tenancy agreement after payment of the Holding Fee, the Holding Fee will be credited towards rent.

8. Fees

8.1 It is free to access the App.

8.2 Subject to clauses 5.4 and 7.1, you do not have to pay any fees to us (for our own account or for Landlords) for the Services.

8.3 Payments for Reports or Holding Fees can only be made by credit card and are processed by Stripe. We reserve the right to pass on Stripe’s credit card processing fees to you. These processing fees will not exceed 3.5%. 

9. Term and termination

9.1  These Terms and Conditions commence from the date that these Terms and Conditions are accepted by you, and will continue until terminated in accordance with this clause.

9.2  You may terminate your agreement with us any time by closing your Account by following the instructions on the App.

9.3  We may terminate these Terms and Conditions and close any Account that you have with us, for any reason, by giving you 7 days’ notice in writing.

9.4  We may terminate these Terms and Conditions and close any Account that you have with us, immediately and without notice, if you commit a material breach of these Terms and Conditions.  

9.5  We reserve the right to suspend, restrict or terminate your access to the Services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms and Conditions. This does not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

10. Intellectual property

10.1  Whilst you hold an Account with us, we grant you a royalty-free, non-exclusive and non-transferable licence to use the App solely for the purpose of using the Services (“IP Licence”).

10.2  You have no right to sub-licence the IP Licence.

10.3  You acknowledge and agree that the IP Licence grants you no rights in relation to our copyright, trademarks or other intellectual property rights, including without limitation, rights in and to logos, graphics, photographs, animations, videos, software, applications and website, or the intellectual property of our partners (including, without limitation, Third Party Content and Reports), other than the non-transferable, personal right to use and receive the Services and, subject to clause 5.4, a Report, in accordance with these Terms and Conditions.

11.  Privacy statement

11.1  We are committed to protecting your privacy.

11.2 Information with regards to managing your personal information, including how you may request access to or seek the correction of the personal information we hold about you, or how you may submit a complaint about a breach of privacy or a general privacy-related query, is set out in our privacy policy available at www.propertyconnect.com/privacy. 

11.3  By agreeing to these Terms and Conditions, you also agree to the terms of our privacy policy.

12.  Consumer guarantees, limitation of liability and disclaimers

12.1 The Services and the Reports come with consumer guarantees under the Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) that cannot be excluded by these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights as a consumer. However, we make no express warranties beyond the consumer guarantees.

12.2 To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from our failure to comply with consumer guarantees is limited, at our absolute discretion, to us supplying the Services or Reports to you again or us paying to you the cost of having the Services or Reports supplied again.

12.3 Subject to clause 12.1, we provide the Services and the Reports to you on an “as is” and “as available” basis. We do not represent, warrant or provide any guarantees in relation to the availability or uptime of the Services or the Reports, nor do we represent, warrant or provide any guarantee that your access to or use of the Services or the Reports will be uninterrupted or error free. The Services and the Reports are subject to limitations, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any delays, delivery failures or losses or damages which you may suffer as a result of such problems.

12.4  You acknowledge and agree that we are not liable for:

(a)  your actions or inactions in your capacity as a user of the Services or the Reports;

(b)  the actions or inactions of any other users of the Services, any Real Estate Agent or any Landlord; 

(c)  loss caused by our breach of these Terms and Conditions which does not arise in the natural and ordinary course of events, or which exceeds $1,000, although we acknowledge that this limitation will not apply if and to the extent that we are also liable for that loss caused by our breach of the consumer guarantees under the Australian Consumer Law;

(d) loss of revenue, profit, goodwill, reputation, opportunity, data or information arising out of your access and use, or inability to access or use, the Services or the Reports; or

(e)  a failure to provide the Services or the Reports or meet any of our obligations under these Terms and Conditions where such failure is due to events beyond our reasonable control, including without limitation, a network or third party software failure.

12.5 You acknowledge and agree that we have limited control over the nature and content of the information that is transmitted or received by you or other users of the Services. We do not monitor such content in the usual course of business, and to the extent permitted by law, we will not be liable for such content.

13.  Indemnity

13.1  You are liable for and agree to indemnify us against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:

(a)  any information that you have provided to us which is false, misleading, or otherwise inaccurate or incomplete;

(b)  your breach of any applicable laws and regulations;

(c)  your breach of any of these Terms and Conditions; or

(d)  a misuse of the Services or the Reports by you.

13.2 This clause 13 will survive the termination of this Agreement.

14.  Dispute resolution

14.1 If you wish to:

(a)  provide us with any feedback;

(b)  make a complaint in relation to the Services or the Reports;

(c)  make a claim under these Terms and Conditions; or

(d)  make a complaint about other users of the Services, please get in touch with our Support Team.  

14.2 Each party agrees to act reasonably in seeking to resolve any disputes arising under these Terms. 

15.   General

15.1   Basis of Agreement. These Terms and Conditions and any document expressly referred to in these Terms and Conditions supersede all previous written agreements between the parties as to their subject matter.

15.2  Relationship of the parties. These Terms and Conditions do not form an employment agreement and does not create an employer-employee relationship between the parties. No joint venture, partnership or agency relationship exists between the parties. 

15.3  Assignment. These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else. However, you acknowledge and agree that we may transfer our rights or obligations or sub-contract our obligations under these Terms and Conditions to another legal entity provided that this will not adversely affect the standard of service you receive under these Terms and Conditions. As set out in clause 9.2, you may terminate your agreement with us at any time.

15.4  No waiver. Any delay by us in exercising a right under these Terms and Conditions does not operate as a waiver of that right. If you breach these Terms and Conditions and we take no action against you, we will still be entitled to take action in any other situation where you breach these Terms and Conditions.

15.5  Severability. If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

15.6  Amendment. We may amend these Terms and Conditions from time to time in order to reflect changes to the Services in which case we will give you reasonable notice either by email or via the App. Your continued use of the Services following such amendments constitutes your acceptance of the amendments and your consent to be bound by these Terms and Conditions as amended. As set out in clause 9.2, you may terminate your agreement with us at any time.

15.7  Notices. Any notice to be delivered by us to you under these Terms and Conditions will be delivered to your registered email address. Any notice delivered by you to us under these Terms and Conditions will be delivered by you emailing our Support Team. By agreeing to these Terms and Conditions, the parties consent to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions Act 2000 (NSW) (if the Residential Property is in NSW), the Electronic Transactions (Victoria) Act 2000 (Vic) (if the Residential Property is in Victoria) or the Electronic Transactions Act 2011 (WA) (if the Residential Property is in Western Australia).

15.8  Governing law. These Terms and Conditions are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts operating in New South Wales.

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Email

General Inquiries
info@propertyconnect.com

Property Connect Holdings Limited (ASX:PCH)

Registered Office:
Level 26, 1 Bligh St,
Sydney, NSW 2000, Australia

Phone:  +61 (02) 8226 8516

Monday – Friday: 9AM – 6PM

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