Terms of Use
Unify Property Tracker
Effective date: [insert date] Version 1.0
These Terms of Use ("Terms") govern your access to and use of the Unify Property Tracker application and associated website at unifypropertytracker.com.au (together, the "App"), provided by [Company Name] Pty Ltd (ABN [insert]) ("we", "us", "our" or "[Company Name]").
By signing up for, accessing or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App. These Terms form part of your sign-up agreement with us.
1. About the App
Unify Property Tracker is a software tool that allows property-related businesses (each an "Account Holder") and their authorised users to record, organise and view information about property listings, campaigns, contacts and related activities.
The App is a record-keeping and organisational tool only. It is not a customer relationship management (CRM) system, not a sales management system, not a document management system, not an accounting system, and not a system of record for legal, tax, regulatory or compliance purposes. You should not rely on the App as your sole or primary source of business-critical information.
2. Accounts and users
2.1 Account Holder and Admin
Each organisation that subscribes to the App is the "Account Holder". The Account Holder must nominate one or more administrators ("Admin") who are responsible for managing the account, including inviting users, setting permissions, configuring the account, and overseeing the data entered into the App.
2.2 Users
The Account Holder is responsible for all users it authorises to access the App under its account ("Users"), and for all activity that occurs under those user logins. Users must keep their login credentials secure and must not share them.
2.3 Your responsibility for accuracy
You are solely responsible for the accuracy, completeness and legality of any information, data, documents, images or other content that you or your Users enter into or upload to the App ("Your Content").
3. Admin responsibility for sales and business operations
The App does not manage your sales, pipeline, listings or business operations for you. It simply stores information that you and your Users enter.
You acknowledge and agree that:
• the Admin is solely responsible for managing, tracking, following up and progressing sales, listings, leads and business opportunities;
• the Admin is solely responsible for ensuring that data in the App is kept up to date, accurate and complete;
• the Admin is solely responsible for monitoring user activity, permissions and changes made within the account;
• we do not review, verify, audit or action any information entered into the App; and
• we are not responsible for any sale, opportunity, deal, commission, revenue or client that is lost, missed, delayed or otherwise adversely affected in connection with the App.
Loss of sales. To the maximum extent permitted by law, we accept no responsibility and have no liability for any loss of sales, loss of revenue, loss of profits, loss of clients, loss of opportunities, loss of goodwill or any similar loss, however caused, arising out of or in connection with your use of (or inability to use) the App.
4. Your documents and data — keep your own copies
The App is not a document management system or a system of record. We strongly recommend that you maintain your own independent copies and back-ups of all documents, files, records and data that are important to you or your business.
You acknowledge and agree that:
• you are responsible for keeping your own copies and back-ups of all documents, contracts, correspondence, images and other records that you upload to or generate through the App;
• the App may not retain every version of a document, and data may be overwritten, edited or deleted by Users with appropriate permissions;
• we do not guarantee that Your Content will be preserved, retrievable, uncorrupted, available on demand or available for any particular period;
• from time to time we may need to perform maintenance, upgrades, migrations or other work that could result in temporary unavailability or, in rare cases, loss of data; and
• if your subscription ends, is suspended or is terminated, your access to Your Content may be removed.
Loss of information. To the maximum extent permitted by law, we accept no responsibility and have no liability for any loss, corruption, deletion, inaccessibility, disclosure or unauthorised alteration of Your Content or any other information stored in or transmitted through the App. You bear the risk of keeping appropriate independent copies and back-ups.
5. Acceptable use
You must not, and must not permit any User to:
• use the App for any unlawful, fraudulent, misleading or deceptive purpose;
• upload or transmit any content that is illegal, infringing, defamatory, offensive, or that breaches any person’s privacy or intellectual property rights;
• upload viruses, malware or any other harmful code;
• attempt to gain unauthorised access to the App, other accounts, or our systems or networks;
• reverse engineer, decompile, copy, modify or create derivative works of the App, except to the extent permitted by law;
• resell, sublicense or otherwise make the App available to any third party outside your organisation; or
• use the App in a way that could damage, disable, overburden or impair it, or interfere with any other user’s use of the App.
6. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. You are responsible for ensuring you have the necessary rights and consents to upload any personal information about third parties to the App, and for complying with all privacy and data protection laws that apply to you.
7. Intellectual property
We (and our licensors) own all intellectual property rights in the App, including its software, design, branding and documentation. No rights are granted to you except as expressly set out in these Terms.
You retain ownership of Your Content. By uploading Your Content to the App, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and process Your Content solely for the purpose of providing and improving the App.
8. Availability and changes to the App
We aim to keep the App available and working well, but we do not warrant that access will be uninterrupted, error-free or secure. The App is provided on an "as is" and "as available" basis.
We may update, modify, add to or remove features of the App at any time, and may suspend access for maintenance, security or other operational reasons.
9. Fees
If your use of the App is subject to a subscription or other fees, those fees are set out in your separate subscription or order agreement with us. Fees are non-refundable except as required by law.
10. Disclaimers and limitation of liability
To the maximum extent permitted by law:
• we exclude all representations, warranties, guarantees and conditions (whether express, implied, statutory or otherwise) in relation to the App, other than those that cannot lawfully be excluded;
• we are not liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of sales, loss of revenue, loss of profits, loss of business, loss of clients, loss of opportunity, loss of goodwill, loss of anticipated savings, or loss or corruption of data, in each case however arising;
• our total aggregate liability to you, for all claims arising out of or in connection with the App and these Terms, is limited to the fees (if any) paid by you to us for the App in the three (3) months immediately preceding the event giving rise to the claim.
Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be lawfully excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to re-supplying the App or paying the cost of having it re-supplied.
11. Indemnity
You indemnify us against all claims, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: (a) Your Content; (b) your or your Users’ use of the App; (c) your breach of these Terms; or (d) your breach of any law or any third party’s rights.
12. Suspension and termination
We may suspend or terminate your access to the App at any time if you breach these Terms, if required by law, or if we reasonably consider it necessary to protect the App, us or other users. You may stop using the App at any time. On termination, your rights under these Terms end, but any clauses that by their nature are intended to survive termination will continue.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by email or by a notice in the App). Your continued use of the App after the changes take effect means you accept the updated Terms.
14. General
14.1 Governing law
These Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
14.2 Entire agreement
These Terms (together with any subscription or order agreement and our Privacy Policy) set out the entire agreement between you and us regarding the App.
14.3 Severability
If any provision of these Terms is found to be unenforceable, that provision will be read down to the extent necessary to make it enforceable, or severed, and the remaining provisions will continue in full force.
14.4 Assignment
You must not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights on reasonable notice to you.
15. Contact us
Questions about these Terms or the App can be directed to:
[Company Name] Pty Ltd
Email: [insert email]
Acknowledgement
By ticking the box or clicking "I agree" during sign-up (or by otherwise accessing or using the App), you confirm that you have read, understood and agree to be bound by these Terms of Use, including in particular the sections headed "Admin responsibility for sales and business operations" and "Your documents and data — keep your own copies".