Terms & Conditions

 

  1. Overview
      1. We, WLTH Pty Ltd (ACN 618 439 839) (properlytics,
        us
        , our, we) own and operate a range of products and services,
        including but not limited to:

        1. the mobile application “properlytics”;
        2. the website located at properlytics.com.au; and
        3. any other products and services we release from
          time to time,
          (together, Platform) which provide a property calculations and projections
          tool for property industry professionals and sophisticated investors. </span
      2. By accessing and using the Platform, you acknowledge you
        have read, understood and agree to comply with:

        1. these Terms and Conditions;
        2. our Privacy Policy; and
        3. any other terms, policies or notices published on
          the Platform,
          (collectively, Terms).
      3. Our Terms form a binding contractual agreement between the
        user of the Platform (User, you) using or accessing to the Platform
        and us.
      4. Before accessing and using the Platform, you should read
        the Terms carefully. If you have any questions about the Terms, you can contact us
        at [email protected].
      5. If you do not agree to the Terms, as amended from time to
        time, in whole or in part, you must not access or use the Platform.
  2. How it works
    1. Overview

      The Platform:

      1. allows Users to:
        1. manage multiple client files and property
          portfolios ;
        2. view property and transaction details including
          property details, funding structures, investment outcomes and expenses;
        3. calculate a range of relevant including investment
          performance projections, cash flow, expenses, income, extra repayments,
          acquisition costs ; and
        4. generate reports on properties.
      2. integrates live feeds from a range of sources (Data
        Providers
        ) to provide Users with real-time data and information.
  3. About Us
      1. We act as the developer and provider of the Platform and
        our role is limited to:

        1. facilitating your access to and use of the
          Platform;
        2. taking feedback about the Platform; and
        3. improving and modifying the Platform.
      2. By accessing and using the Platform, you acknowledge and
        agree that:

        1. we are not responsible for, and have no control
          over the use of the Platform by other users;
        2. we do not determine your tax liability or collect
          or pay taxes you may be liable for; and
        3. we reserve the right, but are not obliged, to
          monitor, verify, modify or delete material any information created,
          generated or transmitted by users through the Platform (collectively,
          User Content) and we do not control the accuracy of User
          Content.
  4. Access to Platform
    1. Account Registration
      1. To access and use the Platform, you must create an
        account. 
      2. You may only create one account on the Platform.
      3. To register an account, you must:
        1. be an individual;
        2. be at least 18 years old;
        3. possess the legal right and ability to enter into a
          legally binding agreement;
        4. provide complete and accurate answers to all the
          items in the sign-up page of the Platform, which may include your full name,
          email address, phone number, credit and debit card details; and
        5. read and agree to these Terms.
      4. When you register your account, you must nominate a
        username and password. You are responsible for maintaining the confidentiality and
        integrity of your account, password and for all use and activity carried out on your
        account.
      5. If you believe that there has been unauthorised access to
        your account, please contact us.
      6. The information you provide us through the Platform,
        including but not limited to during account registration or User verification, must
        be accurate, complete and up to date. You must promptly update this information to
        ensure it remains up to date.
      7. The information you provide us to create your account will
        be used to create your User profile (Profile) on the Platform.
      8. You acknowledge and agree that if the information that you
        provide to us is inaccurate or is or becomes out of date, you may not be able to use
        all or any of the features of the Platform.
      9. We reserve the right to refuse to register any User for any
        reason at our sole discretion.
  5. Use of Platform
    1. Your Obligations
      You represent and warrant to:

      1. use the Platform in accordance with these Terms; and
      2. provide and keep accurate, current and complete all
        information provided in the Platform; and
      3. comply with all rules of common law, principles of equity,
        international law or any federal, state, local laws, statutes, rules, regulations,
        proclamations, ordinances or by-laws and other subordinate legislation of any
        country anywhere in the world.
  6. Limitations
    In accessing the Platform, you represent and warrant that you will not:

    1. modify or copy the layout of the Platform or any computer
      software and code contained in the Platform;
    2. interfere with or disrupt the Platform, including by
      transmitting any viruses, spyware, malware or any other code of a destructive or
      disruptive nature;
    3. create accounts with us through unauthorised means,
      including by using an automated device, script, bot or other similar means;
    4. restrict, or attempt to restrict, another User from using
      or enjoying the Platform;
    5. interfere with the privacy of another person;
    6. infringe any intellectual property rights or any other
      contractual or proprietary rights of another person;
    7. do any act, engage in any practice or omit to do any act or
      engage in any practice that:

      1. is or could reasonably be considered obscene,
        illegal, offensive, inappropriate, defamatory, indecent, threatening or
        objectionable in any way;
      2. would cause us to breach or to be taken to breach a
        law;
      3. would bring us into disrepute; or
      4. interferes with the integrity or supply of the
        Platform to all users; or
    8. encourage or facilitate violations of the Terms.
  7. Cancellation by you
    You may cancel your account at any time through the functionality provided on the
    Platform.
  • Fees and payments
    1. User Fee
      1. Subject to this clause 6.1, use of the Platform to register
        an account is currently free.
      2. We reserve the right to charge you a fee in consideration
        for us making the Platform available (User Fee). 
      3. We will advise you of any applicable User Fee (including
        any applicable GST) prior to charging any Fee.
    2. Subscription Fees
      1. Certain types of User accounts are subject to payment of
        monthly subscription fees (Subscription Fees). The types and features of
        those User accounts and applicable Subscription Fees are displayed on the Platform
        from time to time.
      2. Subscription Fees are payable in advance and are
        non-refundable, except as expressly provided in these Terms.
      3. We will not register an account for which Subscription Fees
        are payable or begin providing access and use of any corresponding features until
        the initial monthly Subscription Fee is received by us in full.
      4. Subscription Fees will be billed and must be paid on or
        before the end of each monthly period from your initial payment date.
      5. We may change the Subscription Fees or add other fees from
        time to time by sending a notification of the change to your last notified email
        address at least 30 days before the changes come into effect.
      6. Subscription Fees and all other fees, charges and prices
        are stated on the Platform in Australian dollars and are inclusive of applicable
        taxes.
      7. You are responsible for paying all fees and taxes in
        respect of your account and we reserve the right to charge you such applicable taxes
    3. Payment
      1. Subscription Fees must be paid through the Platform via the
        secure Stripe service provided by Stripe Australia Pty Limited
        (Stripe).
      2. All payments are processed by Stripe and we do not keep a
        record of your credit or debit card number for payment purposes.
      3. You acknowledge and agree that:
        1. we are not involved in the processing of any
          payment transaction between you and Stripe;
        2. Stripe’s own terms and conditions apply to each
          payment; and
        3. Stripe may not accept all types of credit and debit
          cards and may only accept credit and debit cards issued by service providers
          specifically identified by Stripe from time to time.
      4. You should ensure that you are familiar with Stripe’s terms
        and conditions before you submit any payment through Stripe.
      5. Access to the Platform and your User Content is conditional
        on timely payment of all Subscription Fees by you.
      6. All credit and debit card payments are subject to
        validation checks and authorisations by the card issuer. If the issuer of your
        payment card refuses to or does not for any reason authorise payment of the
        Subscription Fees, the payment will not be processed.
      7. If the applicable Subscription Fee is not paid to us or
        automatically debited for any reason by the due date, we may:

        1. cancel your account; or
        2. temporarily deny you access to the Platform or
          certain features of the Platform until such time as payment of the
          Subscription Fee is received by us in full.
      8. To the fullest extent permitted by law, we are not liable
        to any party for any losses in any way connected to, related to or arising from any
        payment transaction you enter into with Stripe. We may rely on these Terms as a bar
        to any claim, action, proceeding or suit brought by you against us for any matter
        arising out of any transaction between you and Stripe.
    4. Refund of Subscription Fees
      1. If you cancel your account under clause 5.3 or if we cancel
        your account as a result of you breaching these Terms, then any Subscription Fees
        paid will not be refunded and any outstanding Subscription Fees and other fees
        become immediately due and payable upon cancellation.
      2. If we cancel your account or access to or operation of the
        Platform for any other reason and you have paid applicable Subscription Fees in
        respect of the period after cancellation, we will refund any Subscription Fees you
        have paid on a pro rata basis by cheque or to a bank account notified by you for
        that purpose within a reasonable time of cancellation.
  • Intellectual property rights
      1. We own or are the licensee of all rights, title and
        interest (including copyright, designs, patents, trademarks and other intellectual
        property rights) in the Platform and in or to the Material made available to you in
        providing the Platform (together, the Platform Content).
      2. Your use and access of the Platform does not grant or
        transfer any rights, title or interest to you in relation to the Platform Content.
      3. You must not modify, copy, distribute, transmit, display,
        perform, reproduce, publish, license, commercially exploit, create derivative works
        from, transfer or sell any Platform Content or any other material in whatever form
        contained within the Platform.
  • User Content
    1. General
      1. We do not claim ownership of any User Content. Instead, you
        grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and
        transferable licence to use the User Content, whether on any of the Platform or in
        any hardcopy form.
      2. You consent to any act or omission which would otherwise
        constitute an infringement of your moral rights. If a third party has moral rights
        in your User Content, you must ensure the third-party consents in the same
        manner.
      3. User Content must be accurate, truthful and genuine,
        provided for information purposes. We do not have the ability to verify the accuracy
        or otherwise of the User Content.
    2. Security of content
      1. We will take all reasonable steps to implement, maintain
        and enforce security procedures and safeguards to protect the security,
        confidentiality and integrity of the User Content from unauthorised access or use by
        a third party or misuse, damage or destruction by any person.
      2. However, given the nature of the internet, we do not
        guarantee and cannot ensure the security of User Content and we expressly exclude
        liability for any such loss, however caused.
      3. We recommend you take proactive means to protect your
        computer system from potential hazards by installing firewalls, anti-virus software
        and other security Platform.
    3. Prohibited content
      You must not create or generate any User Content:

      1. unless you hold all necessary rights, licences and consents
        to do so;
      2. that would cause you or us to breach any law, regulation,
        rule, code or other legal obligation;
      3. that we consider inappropriate, defamatory, offensive,
        abusive, indecent, illegal or disparaging;
      4. that would bring us into disrepute; or
      5. that infringes the rights, including intellectual property
        rights, of any third party.
  • Enforcement
    We reserve the right to, but do not assume the obligation to:
    1. remove, screen or edit User Content that violates our Terms
      or is otherwise objectionable, as determined by us in our sole discretion; and
    2. disable your access to all or certain functions of the
      Platform where you have violated this clause 8, as determined by us in our sole
      discretion.
  • Third Party Links
      1. The Platform may contain links to other websites owned and
        operated by third parties, which are not under our control (Third Party
        Links
        ).
      2. Third Party Links are provided as a convenience to you and
        the existence of such links on the Platform is not an endorsement of those Third
        Party Links.
      3. We are not responsible for the content or material
        contained on any Third Party Link.
  • Privacy
      1. We will collect, use and disclose any personal information
        you provide us when using the Platform in accordance with our Privacy Policy.
      2. For more information on our information collection and
        handling practices, please view our Privacy Policy here.
  • Disclaimer
      1. The Platform and Third Party Links are provided to you on
        an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or
        representation about the accuracy, reliability or timeliness or otherwise of the
        Platform or Third Party Links.
      2. We reserve the right to change, suspend or discontinue any
        aspect of the Platform, including removing any User Content or Third Party Links, at
        any time and without notice to you.
      3. You are responsible for considering the appropriateness of
        the Platform for your intended application and use and we give no warranty,
        guarantee or representation that the Platform is suitable for or meets your
        requirements.
      4. We are not responsible or liable for the conduct of any
        user. We reserve the right to monitor or become involved in any dispute between you
        and another user.
  • Assumptions and limitations
    The Platform is subject to the following assumptions and limitations:

      1. the Platform is not intended to be used as the sole or
        primary basis for making investment and financial decisions and should not be relied
        on as the sole or primary source of information applicable to such decisions;
        and
      2. results or outputs are based on the information provided or
        uploaded by you or by Data Providers and have not been separately confirmed or
        verified. 
  • Exclusions and limitation of liability
      1. To the fullest extent permitted by law, we are not liable
        to you for any loss or damage you may suffer or incur in connection with your access
        and use of the Platform.
      2. To the fullest extent permitted by law, we exclude
        liability for special, indirect or consequential damages, including damages for loss
        of data, loss of or claim for, revenue, profits, actual or potential business
        opportunities or anticipated savings or profit.
      3. Any limitations or exclusions do not apply to our liability
        for loss suffered or incurred by you for:

        1. fraud or other unlawful acts;
        2. gross negligence; or
        3. liability that cannot be limited or excluded by
          law, including under the Australian Consumer Law.
  • Indemnity
    You must indemnify and keep indemnified us, our directors, employees, contractors
    and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001
    (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs
    and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit,
    action or proceeding by any person against any of the Indemnified Persons where such loss or liability
    arose  directly or indirectly out of or in connection with:

      1. any breach of these Terms by you; or
      2. breach of any right of another user, except to the extent that the loss or liability is caused or contributed to by
        the act or omission of any of the Indemnified Persons.
  • Dispute resolution
      1. The parties must use their reasonable endeavours to resolve
        through negotiation all disputes, conflicts (including, without limitation,
        conflicts of interest) differences or questions between them arising out of or in
        connection with these Terms.
      2. If within 10 business days (that is, days that are not bank
        holidays in Brisbane, Australia), the dispute cannot be resolved following
        negotiation between the parties, either party may refer the dispute for arbitration.
      3. The parties agree to negotiate in good faith to agree on
        the appointment of a single arbitrator, or failing agreement as appointed by the
        President of The Queensland Law Society (if all the parties are situated in
        Australia) or (where one or more of the disputing parties is not situated in
        Australia) to an arbitrator appointed by the Australian Centre for International
        Commercial Arbitration Court (ACICA).
      4. The arbitration will be conducted in Australia in
        accordance with the ACICA Rules operating at the time the dispute is referred to
        ACICA (the Rules).
      5. The terms of the Rules are deemed incorporated into these
        Terms.
      6. If a party fails to adhere to the terms of this clause 15
        and proceedings are subsequently issued by the defaulting party, these Terms can be
        used as a bar to any proceedings so issued.
  • Termination
      1. We reserve the right to cease operating the Platform,
        without notice and for any reason.
      2. We may terminate our relationship with you without notice
        and with immediate effect if you, in any way, breach these Terms.   
      3. On expiry or termination of these Terms:
        1. access to your account will expire or cease; and
        2. you will not have any access to User Content
          through the Platform; and
        3. we will remove your account and its related
          information from the Platform.
      4. We are not liable for any costs, losses or damages of any
        kind arising as a consequence of terminating your access to the Platform.
  • Contact us
    If you wish to contact us or make a complaint, please contact us at [email protected].
  • Variation to the Terms
      1. We may vary, amend or otherwise modify the Terms at any
        time (New Terms).
      2. We will publish the New Terms on the Platform, at which
        time they will be effective.
      3. Your continued use of the Platform following posting of the
        New Terms constitutes your acceptance of the New Terms.
  • Severability
    If any provision of our Terms is unenforceable or invalid, it will be ineffective
    to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the
    remaining provisions.
  • Jurisdiction
      1. The Terms are governed by the laws in force in Queensland,
        Australia.
      2. You and we submit to the exclusive jurisdiction of the
        courts of Queensland.

Last update of these Terms and Conditions: 01/08/2019