Terms and Conditions
Welcome to propertydollar.com.au (the Website), a website owned and operated by Property Dollar Investments Pty Ltd (ACN 656 650 716) ATF The Property Dollar Trust (ABN 25 656 650 716) (Property Dollar, we, us or our).
Property Dollar also operates an application across desktop, mobile, tablet or any other devices capable of accessing applications, called Property Dollar (Property Dollar App).
Please read and consider these Terms and Conditions carefully before choosing whether to use the services offered by Property Dollar, which include the Property Dollar App, any Property Dollar branded URL or website, any Property Dollar mobile services and any other features, Content or applications offered from time to time by Property Dollar (Property Dollar Services).
The Property Dollar Services offered by us are hosted in Australia.
Your use of all information, data files, written text, computer software, music, audio files or other sounds, photographs, graphics, videos, images and materials which you may have access through the Website or Property Dollar App (Content) is governed by these Terms and Conditions and our Privacy Policy(together, Property Dollar Policies).
Property Dollar undertakes to comply with the Privacy Act 1988 (Cth) in respect of information provided by you and/or collected by us. Property Dollar’s Privacy Policy is available on the Website.
In the event that you do not agree with the Property Dollar Policies, please discontinue use of the Property Dollar App and/or the Website immediately.
1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions apply in addition to any other terms and conditions to which you may be subject to when using, registering for, or participating in the Property Dollar Services. The additional terms and conditions to these Terms and Conditions include any and all relevant third-party terms and conditions, associated websites and for any other third-party websites linked and referred to within the Property Dollar Services (collectively, Linked Websites and/or Other Terms).
1.2 In the event of any inconsistency between these Terms and Conditions and the Other Terms, these Terms and Conditions will prevail to the extent of the inconsistency.
1.3 By accessing or using the Property Dollar Services, you accept and agree to be bound by the Property Dollar Policies, including the Terms and Conditions as updated from time to time without any limitation or qualification. These Terms and Conditions constitute a legally binding agreement between you and us.
1.4 You warrant to us that:
(a) you have the authority to enter into these Terms and Conditions;
(b) you agree that Property Dollar may change and update these Terms and Conditions from time to time; and
(c) the most recent version of the Terms and Conditions posted on the Website or made available on the Property Dollar App will apply and legally bind you.
1.5 We recommend that you review the Terms and Conditions regularly on the website.
2. Definitions
In these Terms and Conditions:
(a) Conditions means:
(i) these Terms and Conditions, together with our Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Property Dollar Services.
(b) Intellectual Property Rights means all:
(i) present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions.
(c) Privacy Policy means:
(i) Property Dollar’s privacy policy.
(d) Property Dollar Material means all:
(i) Content, data, graphics, photographs, images, trademarks, trade names, material, operation manuals and other information Property Dollar includes in the Property Dollar Services, or which is made accessible via the Property Dollar Services; and
(ii) Software forming part of, or used in connection with, the Property Dollar Services, including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes.
(e) Terms and Conditions means:
(i) these terms and conditions, together with our Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Property Dollar Services.
2. Interpretation
3. Interpretation
3.1 In these Terms and Conditions, unless the context clearly indicates or otherwise requires:
(a) “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes;
(b) the singular includes the plural and vice versa;
(c) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(d) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
(e) a reference to a clause, term or condition is a reference to a clause, term or condition in these Terms and Conditions;
(f) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(g) where an expression is defined anywhere in these Terms and Conditions, it has the same meaning throughout.
4. Property Dollar Account
1.1 Account Creation
(a) To access or use the Property Dollar Services, you must create a user login (Login).
(b) Your Login will allow you to set up a user account (Account).
(c) You will be required to provide some personal information to Property Dollar when you create your Account.
(d) We will treat your personal information strictly in accordance with our Privacy Policy.
(e) When creating the Account, you must create a username and password and provide us with accurate, complete and up-to-date registration information.
(f) It is your responsibility to inform us of any changes to your registration information.
(g) You must not provide any false or misleading information to Property Dollar.
(h) You must not register as a member or user more than once.
(i) You must not impersonate or create a membership for any person other than yourself.
(j) We may at any time request a form of identification to verify your identity.
1.2 Account Usage & General Conduct
(a) You must ensure the security and confidentiality of your membership details, including your username and password.
(b) You are wholly responsible for all activities which occur under your Account or in relation to your membership details (including unauthorised use of your credit card).
(c) You must notify us immediately if you become aware of any unauthorised use of your membership details or Account.
(d) You must not permit your membership details to be used by or transferred to any other person.
(e) You must respect the rights of third-party owners.
(f) You must not share your password with anyone. You are solely responsible for keeping your Account password secure. We have the right to disable any login or password, whether chosen by you or us, at any time if, in our opinion, you have failed to comply.
(g) You must not use an Account registered by any other user without their permission.
(h) You must not abuse, harass, threaten, impersonate or intimidate other Property Dollar Services users.
(i) You must not create or submit unwanted email, spam or comments to any user of the Property Dollar Services.
(j) You must not use the Property Dollar Services for any illegal or unauthorised purpose or in violation of any law or regulation, including any intellectual property law.
(k) We reserve the right to, in our sole discretion, suspend or terminate your membership, Account or access to all or any part of the Property Dollar Services, if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
5. Your Information
5.1 You agree that Property Dollar may access and disclose your information in accordance with our Privacy Policy and if we believe that such access or disclosure is reasonably necessary to:
(a) comply with the law;
(b) enforce these Terms and Conditions;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Property Dollar and its customers.
5.2 Subject to the Privacy Policy, by uploading, transmitting, posting or otherwise making publicly available any information via the Property Dollar Services, you:
(a) grant us a non-exclusive, royalty-free and perpetual licence to use, reproduce, edit, communicate and otherwise deal with the information in any form and for any purpose, except where expressly stated otherwise;
(b) also grant each user of the Property Dollar Services a non-exclusive, royalty-free and perpetual licence to use, reproduce, edit, communicate and otherwise deal with the information in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the above mentioned licences;
(d) warrant that the information does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the information.
6. Fees, Billing, and Discounts
6.1 Subscription and Payment
(a) Property Dollar Application is free to download for First Home Buyers.
(b) Payments will be billed to you by Property Dollar in Australian Dollars (AUD).
(c) You must pay with one of the following:
(i) A valid credit card acceptable to Property Dollar;
(ii) A valid debit card acceptable to Property Dollar;
(iii) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
(iv) By another payment option Property Dollar provides to you in writing.
(d) You authorise us to store your payment method and payment details on the Website and the Property Dollar App, and to use it in connection with your Account, our Website and/or the Property Dollar App.
(e) [If you fail to make payment in accordance with this Clause, we reserve the right to:
(i) demand immediate payment; and
(ii) terminate and/or suspend your Account from the Website or Property Dollar Application.]
(f) We reserve the right to charge a reasonable transaction fee if we incur a third-party cost to process a card payment or other transaction.
6.2 Referral Discounts
(a) You, as a Property Dollar customer, are eligible for a referral discount if you sign up to your account through an affiliated mortgage broker.
(b) The referral discount is redeemable by inputting an affiliate code on the Website or Property Dollar App.
(c) The referral discount will only be applicable for the period of time that you are engaged with the affiliated mortgage broker.
(d) If we receive notification or become aware that you are no longer engaged with an affiliated mortgage broker, we may remove the referral discount from your Account and begin charging you for the full amount.
7. Property Dollar’s Rights
7.1 Property Dollar owns, or is licensed to use, the Intellectual Property Rights in the Property Dollar Services and the Property Dollar Material. You agree that you do not own or have any interest or claim to any Intellectual Property Rights in the Property Dollar Services or the Property Dollar Material.
7.2 You must not:
(a) infringe Property Dollar’s Intellectual Property Rights in the Property Dollar Services and the Property Dollar Material. In particular, you must not sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease any Property Dollar Material or any data generated by the Property Dollar Services;
(b) reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble, incorporate the Property Dollar Material in whole or in part in any other software or product, or develop derivative works of the Property Dollar Material or allow others to do so or upload or re-post the Property Dollar Material to any other site on the internet without obtaining Property Dollar’s prior written consent;
(c) use and/or reproduce Property Dollar’s name or logo without the prior written permission of Property Dollar;
(d) interfere with or disrupt the integrity, functionality or performance of the Property Dollar Services;
(e) circumvent, alter or modify disabling mechanisms which may be resident in the Property Dollar Services or mechanisms that control access to use of the Property Dollar Services;
(f) gain or attempt to gain unauthorised access to the Property Dollar Services or related systems or networks;
(g) incorporate or use the Property Dollar Services in whole or in part in any other software, service or product;
(h) access (or attempt to access) the Property Dollar Services or Content posted on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
(i) attempt to disguise the origin of any access (or attempted access) to the Property Dollar Services;
(j) use the Property Dollar Services for commercial gain by anyone.
8. Third-Party Websites, Advertising and Activities
8.1 We may feature or display links and pointers to websites operated by third parties on the Property Dollar Services. Such websites do not form part of the Property Dollar Services and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Property Dollar Services entirely at your own risk.
8.2 The Property Dollar Services may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, or its products and/or services.
8.3 If you contact a third party using functionality provided on the Property Dollar Services, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
8.4 From time to time, we may promote, advertise or sponsor functions, events, offers, competitions or other activities that may be conducted offline and by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering with the Property Dollar Services may be used or disclosed, for the purposes of sending you marketing or promotional material about a third-party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy-related matter, please email our Privacy Officer at Info@propertydollar.com.au.
9. Limitation of Liability
9.1 Disclaimer
(a) You use the Property Dollar Services at your sole risk.
(b) Except where expressly stated otherwise, information on the Property Dollar Services is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and obtain independent advice tailored to your specific circumstances prior to making any decisions.
(c) While Property Dollar has taken reasonable steps to ensure the information it provides via the Property Dollar Services is accurate and up to date, Property Dollar does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Property Dollar Services. You must rely solely on you own assessments and verification of the Content.
(d) Property Dollar does not guarantee the accuracy, integrity or quality of content.
(e) The Property Dollar Services are provided to you “as is” and without warranty as to suitability or fitness for purpose or any implied warranties. Property Dollar does not warrant, guarantee or make any representation:
(i) that your use of the Property Dollar Services is legal;
(ii) as to the performance of the Property Dollar Services;
(iii) that the Property Dollar Services or any part of it will operate uninterrupted or are error-free;
(iv) that errors and defects in the Property Dollar Services will be corrected;
(v) geographical information in the Property Dollar Services is accurate, up-to-date or current; or
(vi) that the Property Dollar Services will be updated.
(f) You must take your own precautions to ensure your access to the Property Dollar Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.
(g) While Property Dollar will use reasonable efforts to minimise the risk of software viruses, trojans and malicious code, Property Dollar cannot, and does not, warrant, guarantee or make any representation that the Property Dollar Services, or the server that makes the Property Dollar Services available online, are free of software viruses, trojans or any malicious code.
(h) We will not be liable for loss resulting from any action or decision by you in reliance on the information on the Property Dollar Services, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.
(i) You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Property Dollar Services in any circumstance.
(j) To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Property Dollar Services that are not expressly set out in the Conditions.
(k) You are responsible for making sure that your smartphones, tablets, computers and communication and GPS systems are suitably configured, maintained and operated to enable you to use the Property Dollar Services.
(l) You are responsible for all telecommunications and data costs (including roaming costs) associated with your use of the Property Dollar Services.
(m) Property Dollar and its respective officers, employees, contractors and agents have no liability for costs, losses or damages of any kind, which you or anyone else may incur, arising directly or indirectly in connection with your use of the Property Dollar Services.
(n) To avoid doubt, Property Dollar is not liable to you or anyone else for:
(i) any loss, expenses or costs to you associated with your use of the Property Dollar Services (including any data charges incurred by you);
(ii) loss of any Content;
(iii) errors or omissions in the Property Dollar Services, or linked sites on the Property Dollar Services;
(iv) delays to, interruptions of or cessation of the services provided in the Property Dollar Services, or linked sites;
(v) defamatory, offensive or illegal conduct of any user of the Property Dollar Services, whether caused through negligence of the Property Dollar Services, its officers, employees or contractors, or through any other cause.
(o) You agree that you will bear the full cost of any necessary repair, correction and maintenance of any of your smartphone or computer software or hardware, which may be necessary as a consequence of you installing or using the Property Dollar Services.
(p) You agree to, at all times, indemnify and keep indemnified Property Dollar and its respective officers, employees, contractors and agents (each a Property Dollar Officer) from and against any loss (including reasonable legal costs and expenses) or liability incurred (including consequential or indirect loss) by any Property Dollar Officer arising from any claim, demand, suit, action or proceeding by any person against any Property Dollar Officer where such loss or liability arose out of, in connection with or in respect of any of the following:
(i) a breach of these Terms and Conditions by you;
(ii) your use or misuse of the Property Dollar Services; or
(iii) publication of or distribution of information supplied by you.
9.2 We reserve the right (but have no obligation) to:
(a) review, modify, reformat, reject or remove any material/information which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
(b) monitor use of the Property Dollar Application or Website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
9.3 We are not responsible for, and accept no liability with respect to, any information uploaded, posted, transmitted or otherwise made available on the Property Dollar Services by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made information available on the Property Dollar Services simply by facilitating others to post, transmit or otherwise make information available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
10. Security of Information
10.1 The security of your information is covered by our Privacy Policy, however, you also acknowledge that any information submitted or transmitted to or through the Property Dollar App or Website may be accessed or intercepted by third parties.
10.2 Property Dollar endeavours to use reasonable security measures to protect against unauthorised access to your Account. Property Dollar cannot, however, guarantee absolute security of your Account, your Content, information or the personal information you provide, and we cannot promise that our security measures will prevent third-party hackers from illegally accessing the Property Dollar Services.
10.3 You accept all risk of unauthorised access to Content or information you post to the Property Dollar Services.
10.4 If you know or suspect that anyone other than you knows of your login or password, you must promptly notify us at Info@propertydollar.com.au.
11. Termination of Access
11.1 Property Dollar may terminate or suspend your access to the Property Dollar Services at any time without giving you any explanation or justification for the termination of your access.
11.2 You agree that Property Dollar has no liability for any costs, losses or damages of any kind arising as a consequence of terminating or suspending your access to the Property Dollar Services.
11.3 Property Dollar may also terminate or suspend your access to the Property Dollar Services at any time for failing to make payment in accordance with the Conditions.
11.4 Property Dollar reserves the right to, at any time, modify or discontinue, temporarily or permanently, the Property Dollar Services or any portion thereof with or without notice.
12. Communication
12.1 Electronic Communications
(a) When you use any of the Property Dollar Services or send e-mails, text messages and/or other forms of communications from your desktop, mobile device or other electronic device to us, you are communicating to us electronically. We will also communicate electronically with you in the same way. You consent to receive electronic communications from us and agree that these communications satisfy any legal requirement that such communications be in writing.
12.2 Notices
(a) We will communicate with you and send all notices to you at the email address and/or contact number that you have provided us.
(b) All communication by you to us must use one of the following methods, with those details:
(i) Address:
Attn: Privacy Officer
Property Dollar Pty Ltd
4/12-14 Columbia Way
BAULKHAM HILLS NSW 2153
(ii) Phone: +61 401 515 515
(iii) Email: Info@propertydollar.com.au
(c) It is your responsibility to review these Terms and Conditions for current contact details.
13. Assignment
1.1 You agree and acknowledge that Property Dollar may assign all or part of its interest in the Property Dollar Services at any time, without notice to you.
14. General
14.1 Entire Agreement
(a) The Conditions represent the entire agreement between you and Property Dollar on the subject matter. All representations, communications and prior agreements in relation to the subject matter are superseded by the Conditions.
14.2 Severability
(a) If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
14.3 Governing law
(a) The Conditions will be governed by and interpreted in accordance with the laws of New South Wales, and you submit to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute arising out of the Conditions.
(b) If you access the Property Dollar Services in a place outside New South Wales, you agree to comply with all laws in force in that place in addition to the Conditions and all laws in New South Wales.
14.4 Australian Consumer Law
(a) The Australian Consumer Law found at Schedule 2 of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to the provision of the Property Dollar Services to you and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms and Conditions, but only to the extent of and duration of the inconsistency.
(b) Where you are entitled to a statutory right or term that Property Dollar is not able to exclude, Property Dollar is entitled to limit your remedy for a breach of that right or term, such that Property Dollar’s liability for breach of that right or term is limited to (at Property Dollar’s election):
(i) in the case of goods Property Dollar supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of doing so); or
(ii) in the case of services Property Dollar supplies, the supplying of the services again, or the payment of the cost of having the services supplied again.
14.5 Who may use the Property Dollar’s Services?
(a) Age Requirements: By using the Property Dollar Services, you affirm that you are eighteen (18) years old or over.
(b) Businesses: If you are using the Property Dollar Services on behalf of a company or organisation, you represent and warrant that you have authority to act on behalf of that entity, and that such entity accepts the Conditions.
14.6 Amendments
(a) We reserve the right to alter any terms or conditions within the Conditions at any time, and the updated versions will be made available through our Website or the Property Dollar App.
14.7 Application Updates
(a) The Property Dollar App may need to undergo automatic or manual updates at any time and without notice to you. This is to ensure that our software is up-to-date.
