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The My Property Tracker website www.mypropertytracker.com (“the Site”) is owned and operated by My Property Tracker Pty Ltd ABN 30 156 626 124 (‘the Supplier’).
The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees (collectively referred to as “the MPT Entities”). The Supplier and the MPT Entities provide the Site so that customers are able to enter their own data relating to the property enabling the provision of a data and information transaction report by the Supplier or alternatively by uploading photographs relating to the property on to the Site so as to allow the Supplier to facilitate the provision of a data and information transaction report to the customer.
For the purposes of these T&Cs, property means one single real property owned by you or as deemed by the Supplier in our absolute discretion from time to time (which is subject to change) and excludes more than one real property (including but not limited to residential property, commercial property or industrial property).
The following terms and conditions will apply to any use of the Site by the customer. The customer further acknowledges that specific terms and conditions may also apply to individual pages, transactions and/or services on the Site. By using, browsing and/or accessing the pages or services in the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use, browse or access the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers or the MPT Entities’ liability to you. You further agree that you will not use the Site for any unlawful purpose.
The Supplier may revise or amend these T&C’s at any time in its absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s will remain in full force and effect. Any revisions will be effective immediately and by your continued use of the Site, you agree to the T&C’s as amended. If you do not agree to the new posted T&C’s, you agree that your only remedy is to discontinue your use of the Site.
Whist the Supplier and the MPT Entities’ seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by The Supplier on the Site, the Supplier cannot guarantee that the information provided is always up to date and correct or that the Site contains all the relevant information available.
The material on the Site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as “the Contents”) are owned or controlled, and are reserved by the Supplier and the MPT Entities.
The display of the Contents is not intended to be a comprehensive compilation of all of the Supplier’s worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.
This Site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and/or the MPT Entities nor is the Supplier or the MPT Entities responsible for the contents of any such information or website. The Supplier and/or the MPT Entities provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier and/or the MPT Entities. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
You are only permitted to use the Site for personal purposes, not commercial purposes, as determined by us in our absolute discretion from time to time.
Subject to our Fair Use Policy, you are permitted to enter data relating to the property onto the Site to enable the Site to provide a data and information transaction report relating to the property. We do not warrant that the use of the service will be uninterrupted or error free.
Subject to our Fair Use Policy, in the alternative, you may arrange for photographs of receipts or bills relating to the property (Photographs) to be: • uploaded on to the Site using the Supplier's mobile phone applications specified by the Supplier from time to time which is subject to change; or • emailed to a mailbox specified by the Supplier from time to time which is subject to change, So as to allow the Supplier to facilitate the provision of the data and information transaction report to you relating to the property. All Photographs uploaded or emailed to the Supplier must be in Image or PDF format only and no other types or formats will be accepted. The Supplier will not accept files larger than 5 MB. You may request a copy of all Photographs uploaded or emailed to the Supplier, supply of which, may be subject to a fee as determined by the Supplier from time to time.
The Supplier reservers the right to not not accept more than 5 documents per property uploaded or emailed per calendar month.
Documents supplied for automatic data entry must be in English. Non-english documents are not able to be entered into the system automatically, and must be done manually by you.
The Supplier reserves the right to reject any document that does not confirm to the rules above, or is deemed inappropriate. Inappropriate documents can include illegible, incorrect format, corrupted, inappropriate, incomplete, illegal or documents not relating to the property. Users will be sent a written email with any rejected documents, and the reasons for the rejection. Users are able to correct the errors with the document and re-attempt to submit them at their own time.
All data that you enter on to the Site or any Photographs that you upload or email to the Supplier must be current data relating to the property and relates to the period during your ability to use this Site (which is the period covered by your subscription) and must not be retrospective (old) data.
The Fair Use Policy is intended to ensure that you do not use our services in an excessive, unreasonable or fraudulent manner. Such usage may impact the quality or reliability of the Supplier services. If your use the Site results in additional or excessive work for the Supplier's staff (as determined by the Supplier in its absolute discretion), such use will be deemed a breach of this Fair Use Policy.
Your use of the Site is strictly subject to non-modification of the Site.
You must not, without our prior written permission, exploit any of the Site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s or as determined by us in our absolute discretion.
You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the Site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on the Site or otherwise used by the Supplier may be used without the Supplier’s prior, specific, written permission or that of the trademark owner.
The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the MPT Entities. The Supplier and/or the MPT Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
You grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that you transmit to the Site or otherwise provide to the Supplier from the time, you authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of the Supplier and/or the MPT Entities or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.
You must not upload, post, transmit or otherwise make available through the Site any material which: - violates or infringes the rights of others (including their privacy and intellectual property rights); - is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits the Supplier and/or any other user from using the Site; - affects the functionality or operation of the Site or the Supplier servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.
You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of the Site, your breach of these T&C’s or your breach of any rights of third parties. Services provided on the Site may vary between the Supplier, the MPT Entities and those found on other third party websites.
Access is via your user name and password, which is personal to you. You must therefore not allow your user name and password to be used by anyone else, and must not assist or permit any individual who is not a registered user to gain access to any part of the Site. You can change your password at any time within the 'Login' page.
By registering in the manner described in the Site you agree to purchase a particular product or service for the price (including other charges) specified on the Site which is payable in advance. The Supplier may agree to offer a discount to a customer for the price of the provision of services at a rate set by the Supplier (in its absolute discretion) where a customer intends to make payment for the provision of services by the Supplier for a period of at least 12 months in advance. You acknowledge that, by registering your details on the Site, you are agreeing to pay for the service/s offered on the Site and chosen by you.
Once a customer has registered, it will be the customer’s responsibility to contact the Supplier to determine whether or not the provision of the service can be cancelled. The decision as to whether or not the provision of the service will be cancelled is solely at the discretion of the Supplier. In the event the Supplier agrees to cancel the provision of the service/s the customer agrees to forfeit any money paid to the Supplier for the provision of the service.
The Supplier will provide the service in accordance with these T&C’s. From time to time, the Supplier may provide software to the customer for use in conjunction with the Site (“the Software”). You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of the Software. The Supplier reserves the right to update, amend, alter and maintain the software and the MPT service, at any time in its absolute discretion and without notice to you.
You agree with the Supplier that all material on the Site is intended as general information only regarding the management of property portfolios. You also acknowledge that no information is provided to you on an exclusive basis. Furthermore, the Supplier (acting in its absolute discretion) reserves the right to provide information and leads on the same properties to third parties.
The Supplier will use its best endeavours to ensure that the MPT system is kept secure, with backup, encryption, firewalls and other measures in accordance with prevailing industry standards from time to time. Notwithstanding this, you acknowledge that the MPT service is offered on a ‘good faith’ basis, and that your use is subject to the terms set out in the T&C’s.
You further agree that the Supplier may change the prices published on the Site at any time. While every effort has been made to ensure the accuracy of prices, images and information displayed on the Site, the Supplier is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any service, an error in the price, image or the product description posted on the Site. We may require additional verification or information before agreeing to register you for the Site.
The Supplier discloses and the customer expressly agrees that the services offered by the Supplier on the Site is for the provision of a data and information transaction reports only and any information and/or material disclosed on the Site is not to be construed as taxation or financial advice including the completion of a tax return for the customer by the Supplier.
You will be permitted to retain single reproductions of content for your personal use.
The Supplier reserves the right to terminate the provision of a service/s provided to you by the Supplier, effective immediately, without first notifying you in advance should you not operate your account in line with the T&C's.
You agree to provide the Supplier with your contact details and further agree to immediately notify the Supplier in writing of any changes to your contact details.
The Supplier discloses and you agree that the Supplier relies on the accuracy and completeness of the data provided by you and you further agree with the Supplier that you will be responsible for ensuring that all information or data entered by you on the Site is accurate and complete. Your failure to enter accurate and complete information and data may adversely impact the reports and calculations produced by the Supplier.
The Supplier will not be responsible for providing and maintaining a functioning computer, adequate backup services and a secure internet connection to enable you to access, browse and use the Site. Any firewall maintained by you must also be configured to communicate with the Site.
All prices are inclusive of GST unless otherwise specified. Prices displayed on the Site or quoted to the customer by the Supplier are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of services are subject to change without notice. Where permitted, we reserve the right to limit services, including the right to prohibit services to re-sellers.
Where MPT services are purchased on a subscription basis, payments will be made automatically in advance by credit card only and in accordance with the terms of the relevant financial institution. Fees will be charged on a monthly basis and in advance. Payments will be deducted automatically from your supplied credit card on the due date. Failure to make payment on the due date (due to any decline reason from your credit card company) may result in restrictions being placed on your account until the outstanding amount is paid in full.
The Supplier reserves the right to terminate the provision of a service/s provided to you by the Supplier, effective immediately, without first notifying you in advance should you not pay the fee by the due date.
Our total liability to you (if any) in connection with the Site, or with these T&C’s or any goods or services supplied under them, will be limited to your discontinued use of the Site. To the maximum extent permitted by any applicable law, the Supplier, the MPT Entities and any other party (whether or not involved in the creation, maintenance, development or delivery of the Site) and the directors, officers, managers, employees, members, shareholders or agents of the Supplier and/or the MPT Entities exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind and/or situate, that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site (including your use of reports provided to you by the Supplier), any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Site or any website linked to the Site or for any error by you or the Supplier or any data not being entered into by the Supplier.
The Supplier does not provide any promise, warranty or undertaking as to any benefit/s which may accrue and or arise (including profitability, revenue or other benefits) from your use of the Site. The information provided by the Supplier is general in nature and does not take in to account your individual objectives, financial situation/position or needs. It is your responsibility to adequately consider the appropriateness of the information in the light of your own objectives, financial situation/position and needs. You warrant to the Supplier that you will obtain all and any relevant legal, financial and other relevant professional advice before making any investment decisions.
The Supplier discloses and you agree that the Site is not a substitute for proper legal, financial and other relevant professional advice.
The Supplier discloses that it does not hold an Australian financial services licence and does not provide any financial advice. You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with any liability or loss arising from your reliance on the information provided to you by the Supplier.
Nothing in these T&C’s shall limit or exclude the Suppliers or the MPT Entities’ liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or the MPT Entities liability shall be limited by the maximum extent permitted by law.
The Supplier is providing the Site and the Supplier information, contents, materials and services on an 'as is' basis and use of the Site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained or provided on the Site (including in relation to any products or provision of services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained or provided on this Site (including in relation to any products or provision of services). To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
The Site's web servers may automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Site usage levels, helping diagnose problems with the Site's servers and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.
By registering on the Site, you are deemed to have provided us and the related MPT Entities with your express consent to receive direct commercial messages, by email or any other media that the Supplier or the related MPT Entities consider relevant to the purchase, sale, rental or other dealings with real property.
Should you no longer wish to receive such commercial messages, you will be able to un-subscribe by clicking on the ‘unsubscribe’ link at the bottom of the message received.
You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void.
The Supplier and/or the MPT Entities failure to insist upon or enforce strict compliance with any provision of these T&C’s shall not be construed as a waiver of any provision or right.
Access to and use of the Site and these T&C’s are governed by the laws of Australia without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Site or compliance with these T&C’s shall be in the jurisdiction of the courts of New South Wales, Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.
If any provision of these T&C’s or the application of any such provision to any person or circumstance is held illegal, unenforceable, or invalid for any reason whatsoever, the remaining provisions of these T&C’s and the application of such provisions to other persons or circumstances shall not be affected.
To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability and validity.
You agree that the headings used in these T&C’s are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these T&C’s.
For more information, or if you have any questions about these T&C’s, please contact us at:
By Post: My Property Tracker Pty Ltd Norwest Business Park Suite 203, 7-9 Irvine Place Bella Vista NSW, Australia, 2153
By email: info (at) mypropertytracker (dot) com
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