Welcome to Properlii! We provide a platform which you can use to search and store information about properties that you are considering for sale or purchase or own (Services), as set out in more detail on our app (Platform).
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity and you are authorised to do so, then you or your means that entity. When we say we, us or our, we mean Properlii Pty Ltd (ACN 675 773 056).
These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Our Disclosures
Please read these Terms carefully before you accept. We draw your attention to:
- our privacy policy, which sets out how we will handle your personal information;
- clause 6 (Variations) which sets out how we may amend these Terms;
- clause 4 (Fees) which sets out important information about payments and recurring services; and
- clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Disclaimer
1.1 The information provided on our Platform is intended for general information and educative purposes only. It does not constitute professional advice, including of a legal, financial, or taxation nature, and should not be relied upon as such.
1.2 While we take reasonable steps to source, process, and present information in a consistent and considered manner, the information available on the Platform is indicative only, may be based on third-party data, and may not reflect all factors relevant to your personal circumstances. We do not endorse the accuracy of the information and assume no liability, direct or indirect, for any injury, loss, claim, or damage arising out of or in any way connected with the use of the information or any errors, omissions, or defects in the information displayed on our Platform. We do not provide property evaluations and any indication of pricing available through our Platform is an indication only.
1.3 You should independently verify the information provided and make your own enquiries. It is recommended to seek professional advice tailored to your specific needs.
1.4 Where we display a sold price for a property, this may be based on information provided by third parties and may not be accurate.
2. Engagement and Term
2.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their terms.
2.2 Subject to your compliance with these Terms, we will provide you with access to the Services.
2.3 We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.
2.4 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections.
2.5 Where you engage third parties to operate alongside the Services, those third parties are independent of us and you are responsible for the goods or services they provide, unless we expressly agree otherwise.
2.6 We may amend these Terms at any time by providing written notice to you. By continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms.
3. Account
3.1 You must sign up for an Account in order to access and use the Services.
3.2 While you have an Account with us, you agree to keep your information up-to-date, keep usernames and passwords secure, and notify us of any unauthorised access to your Account.
3.3 If you close your Account, you will lose access to the Services.
4. Fees
4.1 You may choose to purchase Services from us, as set out on our Platform (Paid Services). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform.
4.2 We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged or lose access to the Paid Service, as specified in the trial offer.
4.3 For recurring services, you will be billed on a regular basis at the beginning of each billing cycle. All other Paid Services must be paid for at the time you order the Service.
4.4 You may upgrade or downgrade any recurring Services at any time through your Account. Upgrades take effect immediately with pro-rata charges; downgrades take effect at the beginning of the next billing cycle.
4.5 Cancellation: Recurring Services continue for the agreed Service term. At the end of each term, your recurring Services will automatically renew for the same term unless cancelled through your Account.
4.8 If any fees are not paid on time, we may suspend your access to the Services and charge interest on overdue payments at the Reserve Bank of Australia's cash rate plus 2% per annum.
4.9 Upon cancellation or non-payment, your account will automatically be converted to a free account with limited functionality.
4.11 You are responsible for paying any levies or taxes associated with your use of the Services.
5. Licence
5.1 During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.
5.3 You must not access or use the Services in any way that is improper or breaches any laws, interferes with the supply of the Services, introduces any viruses or malicious software, attempts to gain unauthorised access, or transmits material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
6. Availability, Disruption and Downtime
6.1 While we strive to always make the Services available, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including as a result of scheduled or emergency maintenance.
6.2 To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by third parties.
7. Intellectual Property and Data
7.1 We own all intellectual property rights in the Services, including how the Services look and function, our copyrighted works, trademarks, inventions, designs and other intellectual property.
7.3 We do not own any of Your Data, but when you enter or upload Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services.
7.5 You are responsible for the integrity of Your Data on your systems and for backing up Your Data.
7.8 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services. Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services.
8. Confidential Information and Personal Information
8.1 You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information.
8.3 We collect, hold, disclose and use any Personal Information you provide to us in accordance with our privacy policy and applicable privacy laws.
9. Consumer Law Rights
9.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights.
9.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
10. Liability
10.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by your computing environment or any use of the Services by a person or entity other than you.
10.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: neither we nor you are liable for any Consequential Loss; our aggregate liability to you will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Service, to AU$1,000.
11. Notice Regarding Apple
11.1 To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you acknowledge that these Terms are between you and us only, not with Apple Inc., and Apple is not responsible for the Services and any content available on the Services.
11.2 Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.
12. Suspension and Termination
12.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services.
12.2 We may terminate these Terms if you fail to pay your fees when due, breach these Terms, or we decide to discontinue the Services (in which case we will provide you with at least 90 days' written notice).
12.3 You may terminate these Terms if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach.
12.4 You may also terminate these Terms at any time by notifying us through your Account.
13. General
13.2 Disputes: Neither we nor you may commence court proceedings relating to any Dispute unless we first meet in good faith to resolve it. If unresolved, where you are resident in Australia, the matter will be referred to mediation administered by the Australian Disputes Centre.
13.4 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales.
13.7 Nature of Legal Relationship: These Terms do not create a partnership, joint venture, employment or agency relationship between us and you.
13.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
14. Definitions
Account means an account accessible to the individual or entity who signed up to the Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment, howsoever arising, whether direct or indirect.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable.
Services means the services we provide to you, as detailed at the beginning of these Terms.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services.
Contact us
Properlii Pty Ltd (ACN 675 773 056)
For any questions or notices, please contact us here.