Condition of Use
The following conditions of use comprise the contract between you and PodProperty Pty Ltd. By purchasing a co-ownership agreement from us, you agree to be bound by these terms and conditions.
PodProperty Conditions of Use and Privacy Principles
Thank you for visiting PodProperty (www.podproperty.com.au). Since the launch of its service, PodProperty has been busy helping Australians get into the property market by assisting them and their friends buy their dream home together and at a fraction of the cost of what they would normally expect to pay.
The PodProperty Website is owned and operated by PodProperty Pty Limited (ABN 19 117 013 135) (PodProperty .
Conditions of Use
Before you begin to use PodProperty’s service, we need to outline some general principles and spell out some of your obligations concerning your use of www.podproperty.com.au (the PodProperty Website).
Together with any additional terms, conditions, notices and disclaimers contained on the PodProperty Website, this conditions of use agreement (Conditions of Use) and the PodProperty Co-Ownership Guide regulate your use of the PodProperty Website. Through your continued use of the PodProperty Website, and purchase of any Co-Ownership Agreement, you acknowledge and agree that the Conditions of Use constitute the rules and conditions of access to, use of and supply of information from the PodProperty Website.
Please take the time to review this document. If you continue to use the the Property Website and/or PodProperty’s service you acknowledge and agree that you accept and agree to be abide by and be bound by the Conditions of Use and any changes made by PodProperty or any authorised officer, agent, employee or contractor of PodProperty to the Conditions of Use as they arise from time to time.>
All terms and conditions that govern your use of PodProperty (including disclaimers) may be amended by PodProperty from time to time.
If you object to any of the Conditions of Use or any subsequent changes to them, or become dissatisfied with your use of the PodProperty service in any way, your only remedy is to immediately stop using the services of PodProperty, and terminate your use by writing to PodProperty and notifying them that you have discontinued using their service.
General information only
The contents of the PodProperty Website and the PodProperty Co-Ownership Guide are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice. Information provided on the PodProperty Website has been derived from sources believed to be accurate as at the time of compilation and no claim is made as to the accuracy or authenticity of the content of the PodProperty Website and is subject to change without notice. PodProperty and its directors, agents or employees do not accept any liability to any person for the information provided or any responsibility for errors in, or omissions from information on the PodProperty Website or in the PodProperty Co-Ownership Guide on the PodProperty Website. PodProperty does not make any representation or warranty that
> any information on the PodProperty Website will be complete, reliable or accurate; or
> the user’s access to the PodProperty Website will be secure, available or uninterupted.
PodProperty disclaims and will not be liable for loss resulting from any action or decision by the user in reliance on the information on the PodProperty Website, or the PodProperty Co-Ownership Guide, nor any interruption, delay or impairment in the functioning, operation or availability of the PodProperty Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the PodProperty Website, or malfunction in equipment or software.
You should seek legal or other professional advice before acting or relying on the information set out on the PodProperty Website, the PodProperty Co-Ownership Agreement or the PodProperty Co-Ownership Guide. Information on the PodProperty Website provides general information only.
As a user of the PodProperty Website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.
PodProperty Co-Ownership Agreement
Please note that PodProperty and its employees are not lawyers, although the letter of legal advice provided to us is prepared by lawyers. After purchasing the PodProperty Co-Ownership Agreement or any other agreement from PodProperty, you acknowledge that it is impossible for us to refund you for it.
YOU EXPRESSLY AGREE that PodProperty has the right to put a temporary hold on any transaction while it validates credit card purchases and/or reviews such transactions for potential fraud. While an account is on hold, downloading the PodProperty Co-Ownership Agreement is not allowed. Once the purchase is validated, the hold will be removed and downloading will be possible. Or, if the transaction is fraudulent, then the account will be frozen and other actions will be taken.
Important Notice: The PodProperty Co-Ownership Agreement and PodProperty Co-Ownership Guide cannot be printed, copied, or “loaned” to others due to copyright laws.
Important Notice: Once the PodProperty Co-Ownership Agreement is downloaded, it cannot be refunded or exchanged for a different type of agreement. Refunds for purchases of the PodProperty Co-Ownership Agreement not downloaded will be charged at 10% per transaction.
All agreements provided by or downloaded from PodProperty are the exclusive property of PodProperty or its licensors and are protected by copyright and other intellectual property laws. The download of these product(s) is intended for the user’s personal and noncommercial use, and legal advice and amendments are required on the agreements to ensure they are enforceable. Any other use of the PodProperty Co-Ownership Agreement or the PodProperty Co-Ownership Guide downloaded from PodProperty is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these product(s), in whole or in part. By downloading the PodProperty Co-Ownership Agreement or PodProperty Co-Ownership Guide, the User hereby acknowledges and agrees to these terms.
The Website may contain hyperlinks to websites operated by other parties. PodProperty does not control such websites and we take no responsibility for, and will not incur any liability in respect of their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
Promotions and Competitions
If PodProperty run promotions or competitions involving the awarding of prizes or other gifts, PodProperty may modify the Conditions of Use and implement additional terms and conditions, which will be communicated to you via the PodProperty Website at the time of such promotions or competitions.
As a user, you must provide PodProperty with complete, up to date and accurate information as requested and it is your responsibility to inform PodProperty of any changes to that information. All personal information you provide PodProperty as a user will be treated in accordance with the Conditions of Use.
PodProperty will never.
> ask you to provide personal information such as your bank or credit card details, your address, driving licence or passport numbers via email. Be suspicious of anyone who does.
> obtain your bank or credit card details without using a secure browser window with a URL beginning ‘https://…’
> endorse individual sellers or vendors.
The material provided on the PodProperty Website is protected by intellectual property laws included copyright law and trademark law. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. You may only use information for your own personal reference. Except where such use constitutes fair dealing under the Copyright Act or where such use is madated by the Copyright Act the information found on the PodProperty Website may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of PodProperty or the appropriate supplier or licensor of PodProperty.
You may not use any part of the information on the PodProperty site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
The PodProperty logo is a registered trademark of PodProperty. Other trademarks may be displayed on the PodProperty Website from time to time. These may belong to third parties. Nothing displayed on PodProperty should be construed as granting any licence or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.
As a condition of your use of the PodProperty Website or any service provided by PodProperty, you warrant to PodProperty that you will not use the PodProperty Website or any PodProperty service for any purpose that is prohibited by the Conditions of Use or any other terms, conditions or notices appearing anywhere on the PodProperty Website or unlawful. You agree to abide by all applicable laws and regulations.
Whilst not an exhaustive list,you agree not to:
> use the PodProperty Website to offend others (which shall be judged in the absolute opinion of PodProperty);
>publish, or in any other way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of PodProperty);
> engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the PodProperty Website;
> use any automated scripting tools or software;
> make available using the PodProperty Website any material that you do not have a right to make available including under any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other computer software or hardware; or
> breach any laws or regulations applicable to your use of the PodProperty Website of any other laws or regulations.
PodProperty has no obligation to monitor your use of the PodProperty Website.
However, PodProperty reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
As a user of the PodProperty Website, you will indemnify PodProperty for any loss or damage or costs incurred in relation to any breach of the Conditions of Use or any other legal obligation by you or your use of or conduct on the PodProperty Website.
Unless stated to be GST exclusive, charges referred to for use of any services provided by PodProperty via the PodProperty Website are GST inclusive. Where GST applies, PodProperty will deduct the GST it incurs from each user’s payment and PodProperty will issue the user with a Tax Invoice as defined by the A New Tax System (Goods and Services Tax) Act 1999 (the Act). GST means the goods and services tax defined and charged under the Act.
Third party links and advertising
If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the PodProperty Website, the user acknowledges that these websites do not form part of the PodProperty Website and are not controlled by PodProperty.
PodProperty does not have any responsibility for the contents of any such hyperlink or third party website. If you link to any such websites without the prior permission of PodProperty you will be denied access to the PodProperty Website immediately and your account will be cancelled without further communications with the user.
PodProperty displays advertisements, which may or may not contain hyperlinks or buttons which take the user to websites operated by third parties. PodProperty does not endorse or recommend its advertisers, their products or services or the information, products or services of any website linked to the PodProperty Website.
If you contact a third party through the PodProperty Website, including via email, PodProperty accepts no responsibility for any actions taken by that third party in connection with you as the user.
Limitation of liability
PodProperty excludes all conditions and warranties that may be implied by law. To the extent permitted by law, PodProperty’s liability for breach of any implied warranty or condition which cannot be excluded is restricted, at PodProperty’s option, to the resupply of the relevant PodProperty service, or the payment of the cost of having those services resupplied by another third party service provider.
As the user of the PodProperty Website, you expressly agree and acknowledge that in no circumstances will PodProperty be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by PodProperty) which result from
> the use of or access to or any inability to use or access the PodProperty Website or any material on the PodProperty Website;
> unauthorised access to your internet transmissions or data; or
> statements or conduct of any third party on the PodProperty Website.
Excluding liability for negligence the maximum liability of PodProperty is equivalent to the total of any amounts you have paid to PodProperty in respect of goods or services supplied to you by PodProperty through the PodProperty Website.
The Conditions of Use and all other specific and additional terms which govern your use or membership of and access to the PodProperty Website will be governed by the laws of New South Wales.
Termination of user’s account with the PodProperty Website
PodProperty may at its discretion terminate your use of, or access to, PodProperty at any time. If this happens we will notify you.
If your use of the PodProperty Website is cancelled:
> you are no longer authorised to access the PodProperty Website or use any PodProperty service ;
> you will continue to be subject to and bound by all restrictions imposed on you by the Conditions of Use; and
> all licenses granted by you and all disclaimers by PodProperty and limitations of PodProperty’s liability set out in the Conditions of Use or elsewhere on the PodProperty Website will survive.
Updates to PodProperty
PodProperty may change or discontinue any feature of the PodProperty Website including content, hours of availability and equipment required for access.
PodProperty may change and update the Conditions of Use at any time. Updated versions of this document will be posted on the PodProperty Website. You are responsible for ensuring that you regularly review this document. Your continued use of the PodProperty Website after any such changes are made will be deemed to constitute your acceptance of those changes.
PodProperty collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.
In general, the personal information PodProperty collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.
PodProperty endeavours to collect personal information about an individual only from that individual. In some circumstances PodProperty may obtain personal information from a third party. If you provide personal information about another person to PodProperty, PodProperty requires that you inform that person you have done so and provide them with a copy of this policy.
How PodProperty uses the information you provide
PodProperty may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. PodProperty generally uses personal information to:
> personalise and customise your experiences on the PodProperty Website;
> help PodProperty manage and enhance its services;
> communicate with you;
> provide you with ongoing information about opportunities on the PodProperty Website in which PodProperty believes you may be interested;
> give you the opportunity from time to time to receive e-mail and ‘online newsletters’ from PodProperty.
PodProperty may use and disclose information relating to a person’s racial or ethnic origin, membership of political bodies, religion, membership of a trade union or professional or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless you have agreed otherwise.
Management and security of personal information.
Jonathan Stambolis has been appointed privacy officer to oversee the management of personal information in accordance with the Conditions of Use and the Commonwealth Privacy Act.
PodProperty protects the personal information PodProperty holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, pass word access, secure servers and encryption of credit card transactions.
Updating personal information
PodProperty endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. You can update your PodProperty membership information by sending an email to firstname.lastname@example.org.
Seeking access to the personal information PodProperty holds about you
You have the right to seek access the personal information held about you and to advise PodProperty of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
If you make an access request, PodProperty will ask you to verify your identity and specify what information you require. PodProperty may charge a fee to cover the costs of meeting your request.
How to contact PodProperty
If you have enquiries or wish to provide feedback about this policy, please email: