Terms & Conditions

Last updated

June 6, 2022

Platform Terms and Conditions

Terms and Conditions of Use

1.1 Definitions

Fresh Talent Pty Ltd (ACN 629 252 928) T/a the Proptech Connection (the Platform Owner and/or PTC) owns the Platform. By using the Platform and in consideration of the Platform Owner providing you with access to the Content and facilities provided, you agree to the following Terms and Conditions of User. The following defined terms are used in these Terms and Conditions.

Application means PTC’s mobile application that is available for download via the App Store or the Google Play Store which may also be accessed online via a web browser where PTC info is displayed for the purposes of marketing the Proptech to potential Interested Parties

Content means the information, documents, graphics, materials and all the works shown on the Platform.

Data means any data that You input into the Platform or that is collected with Your authority which may include logos etc.

Fees means the fees payable by the Proptech, pursuant to the Proptech Agreement or as otherwise advertised and published on the Proptech Portal by Us payable by a Proptech.

GST means Goods and Services Tax or equivalent value added tax in Your jurisdiction.

Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered and includes the source code of the Platform, any information which is owned by the Platform Owner or any know how so far as the Platform is concerned.

Interested Party means an entity or an officer or representative of an entity, typically a fund which is able to use the Application and where the context requires it means such officer on behalf of the Interested Party.

Materials has the same meaning as Content.

Meeting Fee means the fee payable by a Proptech to PTC once a meeting has been booked by an Interested Party with a Proptech through the Application, the amount of which shall be as per the Proptech Agreement or in the absence of same, then as advertised on the Proptech Portal.

Onboarding Fee means a fee (which forms part of the Fees) which is charged to and payable by a Proptech for an initial consultation (which may also be subject of and outlined in the Proptech Agreement), following an appointment being set with PTC and you as the Proptech.

Platform Owner means Fresh Talent Pty Ltd (629 252 928) t/a The Proptech Connection being the registrant.

Proptech means an entity which has been given access to the Proptech Portal (which may be done through an officer of an entity and where the context requires it means such officer on behalf of the Proptech).

Proptech Agreement means a separate agreement between the Platform Owner and a particular Proptech.

Services means the services offered via the Platform operated by Us.

Platform means the technology controlled by Us including the Application which is to be used by Interested Parties and the Proptech Portal which is to be used by Proptechs as relevant.

Proptech Portal means an online portal which may be accessed by Proptechs at ****

Terms and Conditions of Use means the terms and conditions contained in this document.

User means the person who is using the Platform, in whatever part of the world that they may be and includes a Proptech and Interested Parties (of representatives of each).

We or Our means the Platform Owner.

You or User means all people who access or use the Platform (i.e Proptech Portal and/or Application) in whatever part of the world that they may be and includes Proptechs and Interested Parties, and Your and Users have corresponding meanings.

1.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

a reference to a word in its singular form shall be taken to include its plural form, and vice versa;
the words “include”, “including” and “includes” are not words of limitation;
a reference to a party or person in these Terms and Conditions includes a reference to any agent or representative of such party or person; and
a reference to these Terms and Conditions or any other document shall be taken to be reference to the most recent revision of the document referred to.
The Platform including the Application, are owned and operated by the Platform Owner.
By accessing or using the Services offered by the Platform You agree to be bound by the Terms and Conditions set out below and the Privacy Policy of the Platform Owner located at www.theproptechconnection.com or that is contained within the Platform itself.
Please read the Terms and Conditions carefully as they contain important information about Your rights and obligations.
If You do not wish to be bound by the Terms and Conditions then do not use the Application.
PTC reserves the right to amend the Terms and Conditions and its Privacy Policy from time to time in its sole discretion, so You should check them regularly. By using the Application at any time, You acknowledge that You have read, understood and agree to be bound by the current Terms and Conditions and Privacy Policy in use.
If You do not understand any of the Terms and Conditions, or You have any questions, please contact PTC at hello@theproptechconnection.com for clarification where needed. If advice is sought then We recommend you obtain independent advice.

Overview of the Platform (Application and Proptech Portal)

The Proptech Portal grants access to Proptechs to allow such Proptechs to provide certain information to PTC and arrange an initial consultation (Initial Consultation). During this process, the Proptech may be required to provide certain information.
PTC may, in its discretion, use the information provided to arrange the Initial Consultation which may also be the subject of the Proptech Agreement. Prior to or at such Initial Consultation, the PTC may require certain further information (which may include payment information as outlined in these terms and conditions) and will require the Proptech to approve certain information (PTC Info) which is to be displayed on the Proptech Portal and Application.
Following the Initial Consultation, the Proptech may be granted greater access to the Proptech Portal, which includes visibility of the PTC Info.
PTC will rely on the Proptech in providing the PTC Info and accordingly does not and will not make any warranties in respect to such information and specifically excludes all and any warranties. Where such information is relied on by a User, including Interested Parties, the User / Interested Parties is strongly recommended to validate and carry out its own investigations and satisfy itself with such information. The PTC Info will be displayed in the Application solely for the purposes of connecting the Interested Parties with the Proptech and is not intended to provide any sort of financial advice or other type of advice. The information will only be preliminary and is uploaded for the purposes of arranging an appointment.
The Interested Parties’s access to the PTC Info will only be granted once the Interested Parties have successfully created an account and have been granted access to the Application.
PTC is not a partner of the Interested Parties or the Proptech but may engage such entities through separate agreements (i.e the Proptech Agreement) and facilitates their meeting through the Proptech Portal and/or the Application.
An initial interview may have already been carried out with the Proptech and/or the Interested Parties prior to You being able to access the Platform (i.e the Proptech Portal for Proptechs and the Application for the Interested Parties). If an interview has been carried out, Your (or Your company’s) access to the Platform has been granted on the basis the information provided at such interview is accurate. In the event that We discover that this is not the case, your access may be suspended or terminated.
As the Application acts only as an online platform to convey information, PTC is not, and does not become, a party to any contractual relationship between the Proptech and Interested Parties but guides their connection through the Platform and any other contractual agreement with each party.
Save as set out in these Terms and Conditions, We do not mediate between the Proptech and the Interested Party in the event of any dispute arising between them. Where a complaint is made, PTC will investigate the complaint in order to determine whether there has been a breach of the Terms and Conditions (or the relevant contractual agreement with PTC) and make a determination in this regard. Whilst PTC will provide its opinion on any dispute and only enforce its rights so far as they relate to the engagement of either party with PTC, should there be any further disputes or causes of action, PTC will refrain from participating and will not be a party to any dispute.
We may add, remove or change the Service and/or Platform, including its features, its functions and Our content, from time to time, at our absolute discretion without notice to You.
These Terms and Conditions relate to the use of Our Platform. Users must only engage on the terms as outlined in the relevant contractor agreements with PTC (if there is one) and as otherwise permitted by the Platform. Where Users engage each other on terms outside of those outlined in the Platform and outside of the contractual engagement with PTC, subject to the relevant contractor agreement, the terms and conditions of such engagement shall be as agreed between such parties but subject always to any fees payable pursuant to the relevant contractor agreement with PTC. In such instances, you must:

Provide information to PTC, such as the nature of the engagement, including the date and time of when the services are to start and finish;
The terms of such engagement.

Whilst we make all efforts to carry out preliminary investigations in respect to the information provided (including the PTC Info), it is the responsibility of the Proptech to ensure that information is accurate and the responsibility of the Interested Parties to check that the information provided is accurate and to obtain their own advice in respect thereto.
Each User warrants to PTC that they have authority to provide the Data and information provided (including the use of logos) and that such information is as accurate as possible and does not breach any confidentiality agreements.
You agree to us carrying out any investigations necessary to ensure the accuracy of the information provided by You and if we discover that the information you have provided us is not accurate, we may either require that you provide an explanation or suspend/ disable your access to the Platform.
The Platform may facilitate the possibility of a rating being ascribed / associated with You and you agree to such rating mechanism and will strive to obtain as high a rating as possible. Your rating will be determined by your performance and usage of the Platform.

Licence for the Use of Software

Subject to the terms of these Terms and Conditions, We grant You the right to access the Platform and to use the Service via the Platform. This right is non-exclusive, non-transferable, and limited by and subject to the terms of these Terms and Conditions.

Your Obligations

Our Fees and Charges

If you are an Interested Party, it is free to register and use the Service unless otherwise stipulated in the Application or another agreement between You and Us (depending on your access rights).
If you are a Proptech, in consideration for the Service, You must pay the Fees as per the Proptech Agreement or other contractual agreement with PTC or as otherwise directed by PTC.
All Fees quoted are exclusive of GST and in AUD. Where payment gateway fees are applicable (i.e Stripe Fees) these will be clearly outlined in the Platform.
We will issue You with a Tax Invoice in respect of the Fees in accordance with the GST Act or taxes applicable in Your jurisdiction.
Depending on the Services You acquire, Your Fees will be as per the Proptech Agreement or in the absence of one or on expiry of one, as advertised on the Proptech Portal.
We reserve the right to change the Fees advertised on the Proptech Portal at any time and the Fees in the Proptech Agreement as outlined therein.
For the avoidance of doubt, no payment will be processed through the Application as Our Application does not support in app purchases.

Obligations if you are a Proptech

If you are a Proptech and have been granted access to the Proptech Portal, all information provided by you must be accurate to the extent possible.
Where the Proptech Portal requires, you must accurately provide your availability to meet with Interested Parties. Interested Parties will be relying on such information to book appointments with you as the Proptech and will be relying on your availability for this to happen.
Where a Interested Parties has requested and booked a meeting with you as the Proptech, you will be notified of the relevant Interested Parties within 48 hours of the meeting.
You must obtain and maintain any insurances you deem necessary or suitable for you.
You must make every effort to attend a booked appointment as the Platform’s reputation relies on this and repeated cancellations may deter Interested Parties from using the Application. Where you are unable to attend a scheduled meeting, you agree to take all reasonable steps to ensure that the scheduled meeting is cancelled with as much notice as possible.

Obligations if you are an Interested Party

If you are an Interested Party, your access will be limited to the Application.
An interview may already have been carried out to permit your access to the Application. Access will be granted based on the information provided by you (which may include at such interview) and therefore you should ensure that all information provided is as accurate as possible.
The purpose of the Application is for you as an Interested Party to schedule meetings with Proptechs to meet and potentially fund or strike an agreement with the Proptech.
You as the Interested Parties shall ensure that you only book meetings which you genuinely intend on attending. The Proptech may be charged a fee and such fee may be based on appointments that you set. As such, you agree to only set appointments which you intend on attending and will make all efforts necessary to attend such meetings. Where you are unable to attend a scheduled meeting, you agree to take all reasonable steps to ensure that the scheduled meeting is cancelled with as much notice as possible.
You acknowledge that a cancelled meeting (especially where this is repeated) may affect Your rating on the Application.

Payment and credit card information

The Proptech Portal may require that certain payments be processed through the Proptech Portal with the assistance of a payment gateway. The payment gateway used by Us is Stripe.
You agree that both You and Us must comply with the terms and conditions, cookies policy and privacy policy set by Stripe which can be located via the following links:

https://stripe.com/payment-terms/legal

https://stripe.com/en-au/privacy

https://stripe.com/cookies-policy/legal

Where credit card information is stored or requested, it will be done so in accordance with Stripe’s terms and conditions and will only be stored by Stripe’s API and subject to the authorities granted to Stripe.
If you have already provided your payment details to the Proptech Portal, payment of the Onboarding Fee may be processed once the Initial Consultation has occurred between a representative of PTC and a representative of the Proptech. Any refunds are to be done in accordance with the refund section of these terms and Conditions. If you have not provided payment details to the Proptech Portal, you agree that you must pay the Onboarding Fee following the meeting taking place, with the Onboarding Fee being as per the Proptech Agreement or as advertised on the Proptech Portal from time to time.

Promotions, Free Trial Periods and Discounts

We may run temporary promotions and offer discounts. Such promotions and discounts may be subject to additional terms and conditions. All times and dates specified in promotions are deemed to be the local time in Sydney, Australia, unless otherwise stated.
Account Creation and Security

You must create an account in order to receive the Services and access the benefits of the Platform.
You may not create an account if You lack capacity to enter into a binding agreement with Us.
In order to create an account, You must provide Us with Your full name, Your email address, mobile phone number and other information requested during the account registration process. If You are a Proptech, this may include providing company details, company financials, turnover details and other potentially confidential information. For Interested Parties, this may include your company name, business name and other information. It may also include nominating authorised users who are able to access your account. You consent to such information being utilised for the Platform.
You warrant that all information You provide to us (including during the Initial Consultation or initial interview or account registration process) is accurate and that you will keep information up to date. If any information becomes inaccurate, You must inform us as soon as possible.
Your logon credentials must be kept confidential to You.
You must immediately notify Us of any unauthorised use of Your logon credentials or any other breach of security.
You agree that You will be responsible for Your use and any activity that occurs as a result of the use of Your logon credentials.

Acceptable Use

You agree that, subject to any applicable laws:

You may only use the Platform and the Service for lawful purposes, in accordance with this agreement and any condition posted on the Platform;
You must not provide false information when registering or changing Your registration details or those of your authorised users;
You must not attempt to undermine the security, functionality or integrity of Our systems and networks or, where the Services are hosted by a third party, that third party’s computing system and networks;
You must not attempt to gain access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
You must not transmit, or input into the Platform, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
You must not use the Platform or any communication tool available on the Platform for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other Users of the Services or the Platform;
When You make any communication on the Platform (if the Platform permits), You represent that You are permitted to make such communication, and You recognise that We are under no obligation to ensure that the communications on the Platform are legitimate, or that they are related only to the use of the Services, however, We reserve the right to remove any communication at any time in Our sole discretion;
You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation; and
You must agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We and Our directors, officers, employees, agents, contractors, successors, assignees, referrers, venture scouts and suppliers have no responsibility for the legality of Your actions. Moreover, You agree to comply with the laws and regulations of Your jurisdiction.
You must not attempt to reverse engineer any code from our Platform or in any way infringe our intellectual property or confidential information.
You must not attempt to bypass the Platform by reaching out to the other User directly to the detriment of the Platform.

Usage Restrictions

Use of the Service may be subject to limitations (as determined by PTC in its sole discretion), including but not limited to:

If you are a Proptech, You will not be able to use the Application but you may be able to use the Proptech Portal only to the extent of completing an initial enquiry and accessing a part of the Proptech Portal whereby you can view Your information and advise of your calendar availability;
If you are an Interested Party, your access may be limited to only being able to use the Application (and not the Proptech Portal) and access may be limited so that you are able to view information about various Proptechs and be able to set appointments.
If you are an Interested Party, you may be limited in the number of meetings you are able to book. This may be determined in PTC’s absolute discretion and may correlate with your rating on the Platform and past performance.
If you are a Proptech, the PTC info will be displayed on the Platform for a maximum of 90 days.

Communications

You are exclusively responsible for ensuring that all communications You send using the Platform or send to Us are true, complete and accurate. If You are or ought reasonably to be aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as predicable.
We are not responsible for the accuracy of anything another User posts or submits to Our Platform, nor are We responsible for the online or off-line conduct of other Users.
You agree not to use any of the communication services offered by the Platform to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law.
You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring Us into disrepute.
You agree that any use of the Platform in any way inconsistent with the intention and purpose of the Platform is outside the scope of the Platform and We will not hold any liability for any loss suffered as a result therefrom.

User Testimonials

Users may provide reviews of the Proptechs and/ or Interested Parties, depending on whether the Platform permits, based on dealings they have had with the relevant party, as appropriate (User Reviews).

You must provide only accurate and truthful User Reviews
User Reviews that are posted onto the Application should only relate to genuine interactions. We do not tolerate spam or unsolicited commercial electronic communications of any kind.
We do not verify the accuracy or otherwise of User Reviews and you release us from any and all liability in respect of a User Review. We nevertheless reserve the right to disregard a User Review.

Cancellations and Refunds

Users may cancel bookings, however they are actively discouraged from doing so and subject to the terms of relevant agreements with PTC.
If it is necessary to vary or cancel a booking, the following shall apply:

If the meeting which has been booked by the Interested Party (based on your availability as advised by you as the Proptech), the Meeting Fee shall be payable as follows:

If the meeting is cancelled by the Interested Parties, no Meeting shall be payable by you;
If the meeting is cancelled by you as the Proptech earlier than 96 hours prior to the booked meeting, then no Meeting Fee shall be payable by you as the Proptech;
if the meeting is cancelled by you between 48 hours to 96 hours prior to a scheduled meeting, then 50% of the Meeting Fee shall be payable by you as the Proptech;
if the meeting is cancelled by you within 48 hours of the scheduled meeting, then the Meeting Fee shall be payable in full.

Notwithstanding the foregoing, PTC shall be at liberty to grant greater refunds in certain circumstances (to be determined by PTC in its sole discretion).

You as the Proptech should only cancel a scheduled meeting if you have a valid reason and in rare circumstances. A cancelled meeting may affect your rating on the Platform and may deter certain Interested Parties from setting meetings with you. Continuous cancellations may also affect the reputation of the Platform and accordingly, if you repeatedly cancel meetings (for example three (3) meetings in a row), then PTC may suspend or cancel your access to the Platform and may no longer place you on the Platform.

If an Onboarding Fee is charged to you as the Proptech for the Initial Consultation, such fee shall be a fee for Service and once the Initial Consultation has taken place, a refund will only be provided if:

you are deemed by us as unsuitable for our Platform; or
if the contemplated meeting has not taken place and such refund will be processed within 14 days.

Once a meeting is booked by a Interested Parties with a Proptech, PTC will provide a refund of the Meeting Fee only in the following circumstances:

If the Interested Parties is an investor in a competing Proptech and can therefore not invest in the Proptech. This is to be verified by the Interested Parties.
If the Interested Parties never intended to provide any funding or strike an agreement with the Proptech. If this is the case, the Proptech shall provide to PTC a full explanation so that PTC can address this issue with the Interested Parties.

Warranties You Make

You represent and warrant that:

All information (including Personal Information) and data provided by You to us through the Platform is true, accurate, complete and up to date;
You have read, understood and agreement to Terms and Conditions;
You will not breach any law or agreement if you agree to an engagement with another User of the Service; and
You have complied with all laws.
You understand that the information provided on the Platform (including the PTC Info) is generic only and is provided relying on information provide by the Proptechs. Accordingly, no warranties are provided by PTC and you will carry out your own investigations in respect to the PTC info and any consequent decisions taken.

Using the Platform

You agree that You will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Platform or its services in anyway (or the servers and networks which are connected to the Platform) or use the Platform in a manner that adversely affects the availability of its resources to others.
PTC cannot guarantee that any file or program available for download and/or execution from or via the Platform is free from viruses or other conditions which could damage or interfere with date, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and You release PTC entirely of all responsibility of any consequences of its use.
The Platform and its contents are provided to You on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.
PTC reserves the right to change the Platform at any time.

Intellectual Property Rights

This Platform and all content forming part of the Platform, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
You acknowledge and agree that PTC owns, controls or licenses all legal rights, title and interests in and related to the Platform, including all intellectual property rights.
You may not:

Modify or copy the layout or appearance of the Platform or any software or code contained in the Platform; and/or
Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source related to the Platform.

If You post material to the Platform or correspond or otherwise communicate with Us, You automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but not limited to, publishing testimonials on our Platform and developing Your ideas and suggestions for improved products or services We provide.

The App Store and Google Play Store

By downloading and/or using the Application, You agree that You have entered into an agreement with Us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the Application, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.
By downloading the Application from the App Store or from Google Play, PTC grants You a non-transferable licence to use the Application on any iPhone or other relevant device that You own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.
The parties, namely You and Us, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
In the event of any failure of the Application to conform to any applicable warranty and where the warranty relates to Your use of a version of the Application downloaded through the Application Store You may notify Apple, and Apple will refund the purchase price for the Application to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.
The parties acknowledge that PTC, and not Apple or Google, are responsible for addressing any of Your claims relating to the Application or Your possession and/operation of the Application, including, but not limited to: (i) product liability claims made in respect of the Application, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the Application.
The parties acknowledge that PTC, and not Apple or Google, are responsible for any claim that the Application infringes any third party intellectual property rights and that PTC, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
You represent and warrant (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iii) You are not listed on any U.S. Government list of prohibited or restricted parties.
The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third party beneficiary of these Terms and Conditions.
Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.
For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provisions of these Terms and Conditions.

Third Party Applications

This Platform may contain links to other web sites controlled by third parties (Third Party Applications).
PTC is not responsible for the content or privacy practices of Third Party Applications
Links to Third Party Applications are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by PTC of the third party or the products or services provided by the third party or any affiliation between PTC and the third party
You access Third Party Applications and/or use those Third Party Application’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Applications.

Use of Cookies

Cookies are small pieces of information that Your browser stores on Your computer hard drive.
We use Cookies to provide You site usage information as well as to assist us to improve and develop the Goods and services We offer. Our cookies do not contain any personal identifiable information.
If You disable cookies on Your web browser, You may not e able to fully experience all features of the Platform.

Availability, withdrawal, and suspension of service

Whilst We endeavour to provide continuous access to the Platform, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.
PTC may at its discretion withdraw completely, or suspend for a period of time, the Platform, or Your access to it for any reason including without limitation:

If there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
If You beach any part of these Terms and Conditions; or
If You use or assist others to use the Platform for inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

Exclusion and limitation of liability

Do not warrant that the Platform will be available at all times or that it will be provided without fault or disruption;
Do not endorse or recommend any User;
Do not warrant that We have reviewed, undertaken, verified or approved regulatory checks, the credentials, identity, background details, skills, expertise or experience of any User or that any User is in any respect compliant wit regulatory requirements;
Do not warrant that We believe the User is in all circumstances an appropriate person with whom You should be dealing with; and
Do not warrant that any User is suitable to be a User of the Platform;

PTC and its related bodies corporate, directors, officers, employees, agents, contractors, successors, referrers, venture scouts or assigns makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or services included on the Platform, except as otherwise provided under applicable laws.
Subject to any rights You have under any consumer protection law, PTC excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. Without limiting the foregoing, to the extent permitted by law, the liability of PTC for any claim will at all times be limited to supplying You the services offered by PTC again.
To the maximum extent permitted by applicable law, PTC, nor its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors referrers, venture scouts or assigns will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract tort including negligence, or otherwise) out of or in connection with your access and use of the Platform.
You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We, Our affiliates and related entities have no responsibility for the legality of Your actions.

Indemnity

You will at all times indemnify, and keep indemnified, PTC and PTC’s directors, officers, employees and agents from against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of in connection with or in respect of Your conduct or breach of Terms and Conditions.

Termination

You may stop using the Platform at any time for any reason. In order to cancel your account, please contact us at hello@theproptechconnection.com.au. Access to the Platform will automatically suspended for Proptechs where the Proptech has not paid the Fees prior to their due date.
PTC may suspend or limit Your access to the Platform in our absolute discretion without notice or liability to You for any reason.
PTC reserves the right to, at its discretion, terminate these Terms and Conditions and Your access to and use of the Platform at any time.
The exclusions and limitations of liability made by Us in these Terms and Condition will survive termination or suspension of Your access to the Platform

General

PTC may give notice to You by electronic mail. You may give notice to PTC by electronic mail to hello@theproptechconnection.com.au.
Any provisions of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
A failure or delay by PTC to exercise a power or right, and the exercise of a power or right by PTC does not preclude its future exercise or the exercise of any power or right by or on behalf of PTC.
Your use of this Platform is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from Your use of this Platform are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
The Platform may be accessed throughout Australia and overseas. PTC makes no representation that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If You access this Platform from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access this Platform.

Restrictions on the Use

The User must not use the Platform and the information and facilities contained in it in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of the Platform Owner.

In addition, the User must not:

data mine or conduct automated searches on the Platform or the Content on the Platform, whether through the use of additional software or otherwise;

incorporate any of the Content on the Platform or the Content, including advertising or promotional Materials;

frame or mirror the Platform without the Platform Owner’s prior written consent;

tamper with, hinder the operation of, or make unauthorised modifications to the Platform or any Content;

knowingly transmit any virus, worm or other disabling feature to or via the Platform;

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our domain;

delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

use the Platform to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or

use the Platform or any facilities available on the Platform for any activities, or transmit to or via the Platform any information or Content which:

(1) breaches any laws or regulations;

(2) breaches these Terms and Conditions of Use;

(3) infringes a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);

(4) is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;

(5) is false or misleading;

(6) is discriminatory or in breach of State or Commonwealth anti-discrimination legislation; or

(7) identifies a person, or which can be used to identify a person (including any copy, photos or other pictorial representations), unless you have obtained that person's authority; or

(8) attempt to do, or permit another person to do, any of the above acts.

You access the Platform at your own risk and you are responsible for compliance with the laws of your jurisdiction (in your home country) and these Terms and Conditions of Use.

Privacy policy

In using the Platform, you are deemed to accept our Privacy Policy which appears on the Platform.

Provision of service

We may without notice suspend the Platform or disconnect or deny you access to any part of the Platform during:

any technical failure;
maintenance period that the Platform Owner decides to utilise;
if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Platform.

The Platform Owner may make improvements and or changes to the Platform or the Content at any time without notice to you. We do not warrant that the site architecture or navigation will not change now or at any time into the future.

Intellectual property

You may download, print or copy information on the Platform for your own use. Apart from this, you shall not sell, lease, furnish or otherwise permit or provide access to the Platform to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Content on the Platform, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on the Platform for commercial gain.

Limitation of liability

The Platform Owner makes the Platform available for Users to use, however it does not assume a duty of care to Users. The Platform Owner makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content or the Materials.
The Platform Owner does not warrant or represent that the Platform or Materials will not cause damage or are free from any computer virus or any other defects or errors.
Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
Where liability cannot be excluded, any liability incurred by the Platform Owner in relation to the use of the Platform or the Content is limited as provided under the Competition and Consumer Act 2010 (Cth) or any superseding legislation.
Under no circumstances will the Platform Owner be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on it's Platform.

Links from the Platform

The Platform Owner makes no warranties or representations that Material or Content on other applications to which the Application is linked does not infringe the intellectual property rights of any person anywhere in the world.

The Platform Owner is not authorising infringement of any intellectual property rights contained in material or Content on other sites.

Uploading Content

Provision of license

You represent and warrant in relation to any Content you upload to the Platform that you provide the Platform Owner with a perpetual, non-exclusive, unlimited, royalty-free, irrevocable, worldwide and transferable right and licence to:

reproduce;
sublicense;
or otherwise re-distribute,

the Content in any way that the Platform Owner determines at its absolute discretion.

Moral rights

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

Role of the Platform Owner

The User acknowledges in relation to the role of the Platform Owner that:

The Platform Owner may moderate, control or authorise the activities of Users in posting Content to the Platform or post Content on behalf of a User, as obtained in consultation with the User. As such, the Platform Owner will not be held liable for any information which is inaccurate and the overall responsibility and liability for the information lies with You as the User. If any information is inaccurate You must inform us immediately.

the User and the User alone, will be responsible for any breach of any law that is caused directly or indirectly by infringing uploading Content that is illegal or breaches a third party’s intellectual property rights;

The Platform Owner reserves the right to remove, delete, modify or change the Content that a User uploads to the Platform.

Content uploaded to the Platform

The User acknowledges that:

Any Content uploaded to the Platform is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
the Content is not the ‘passing off’ of any product or service and does not constitute unfair competition;
it owns the copyright in the Content that is uploaded onto the Platform and the Content does not infringe any intellectual property right including, but not limited to:

(1) trade marks (whether registered or unregistered);

(2) business names (whether registered or unregistered),

(3) confidential information; and

(4) copyright.

the Content does not infringe any legislation or regulations of the Commonwealth of Australia and the state of New South Wales or any other state including, but not limited to, the

(1) Competition and Consumer Act 2010 (Cth);

(2) Fair Trading Act 1989 (Qld)

(3) Copyright Act 1968 (Cth);

(4) Trade Marks Act 1995 (Cth);

(5) Fair Trading Act 1998 (NSW)

and equivalent state and territory legislation and any other legislative body competent to legislate in relation to the Platform or any law in any country where the Content is or will be available electronically to Users of the Platform.

Copyright in Content

Unless otherwise indicated, the Platform Owner reserves all copyright in the Content and design of the Platform. The Platform Owner owns all such copyright or uses it under licence or applicable law.
Other than for the purposes of and subject to the conditions under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the Platform Owner.
The Platform Owner is the owner of several trade marks which appear on the Platform. Unauthorised use of these trademarks will infringe our intellectual property rights.
The Platform Owner reserves all other rights in Content and the Platform.

Improvements and modifications

The Platform Owner welcomes ideas and feedback from Users about all aspects of the Platform. The User agrees that the Platform Owner may reproduce, distribute, transmit, create derivative works of, and publicly display any Materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Platform (such as forums) or by email to the Platform Owner.

Miscellaneous provisions

Severance

If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

Applicable Law

These Platform Terms and Conditions and the Content on the Platform are governed by the law applicable in the state of New South Wales, Australia.

Jurisdiction

The Platform Owner and the User irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia in the event of a dispute over these Terms and Conditions of Use or the Materials contained herein.

Indemnity

By using the Platform, you indemnify the Platform Owner and its respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that the Platform incurs or suffers as a direct or indirect result of:

a breach by you of these Terms and Conditions of Use;
an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Platform; and
any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trade mark.

Changes to Terms and Conditions

The Platform Owner may change these Terms and Conditions of Use at its discretion by providing notice on the Platform. The current version of the Terms and Conditions of Use will be available on the Platform at any time.

Waiver

If the Platform does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by the Platform Owner of our right to act with respect to subsequent or similar breaches.

Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between the Platform Owner and the User. Any contact with Customer Service Officers of the Platform Owner that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions of Use.

Independent Advice

You should obtain independent legal and financial advice with respect to the content and effect of these Terms and Conditions if you are unclear about any terms.

Dispute Resolution

In the event of a dispute between You and Us regarding any non-payment (where applicable) or other matters relating to this agreement, We shall seek (but not be obliged to seek) to commence a settlement process with You in a bid to resolve the dispute in an equitable outcome between both parties.
The settlement process may or may not require the need for legal counsel if both parties can agree to the terms of the resolutions decided upon.
In the event of a failure to resolve the dispute under this clause the parties shall be entitled to commence any legal action to enforce the terms of this agreement including but not limited to debt collection proceedings under the jurisdiction of this agreement.

‍

contact@email.com