Terms and Conditions

1 About these Terms

1.1 Your use of the App is subject to these Terms

  1. We provide the App to you on these Terms. Please read these Terms in full before accessing or using the App.
  2. This document sets the terms and conditions (Terms) on which you may access and use the App developed and owned by us.
  3. By accessing or using the App, you accept and agree to these Terms in full, without any limitation or qualification. These Terms constitute a legally binding agreement between you and CCA.
  4. The App may only be used by persons who hold a Professional Registration or act on behalf of a person who holds a Professional Registration.
  5. You warrant to us that you have the authority to enter into, and be bound by, these Terms.

1.2 Term and termination

  1. These Terms commence upon your initial access of the App and continue to apply each and every time you access the App in any way unless terminated by us earlier.
  2. You may stop using the App at any time for any reason, without notice to us.
  3. We may terminate, disable, block or suspend your access to the App at any time, for any reason.
  4. All warranties and acknowledgements provided by you, all provisions relating to liability or intellectual property rights, and any other provisions which by their nature survive termination, will survive termination of these Terms.

1.3 Changes to the Terms

  1. This version of these Terms is current as at 01/07/2019.
  2. We may update these Terms from time to time by bringing the updated Terms to Your attention when you next use the App.
  3. If you do not agree with the updated Terms, you must immediately stop using the App. By you continuing to use the App, you accept the updated Terms and the updated Terms will apply from that point forward.

2 About the App

The App is designed to allow you to:

  1. introduce the CCA Services to potential CCA Customers;
  2. sign up new CCA Customers to CCA Services;
  3. manage and monitor information relating to the provision of the CCA Services to CCA Customers participating in Your Transactions; and
  4. provide other information to CCA Customers that have appointed you in respect of Your Transactions.

For clarity, the CCA Services are not delivered via the App and any engagement of new CCA Customers will be completed by a Related Business outside of the App.

3 Using the App

3.1 Access

  1. CCA grants you a non-transferable licence to use the App in accordance with these Terms.
  2. It is your responsibility to ensure that you have a compatible device and software (as applicable) through which to access the App, that you keep the operating system and security software updated, and that you use the correct version of the App for your device.

3.2 Your activity on the App

  1. In using the App, you must:
    1. comply with all applicable laws and regulations; and
    2. at all times maintain the highest standards of professional conduct.
  2. You are responsible for all of your activity on and in connection with the App (including Your Content) and all activity that occurs on the App through your device or your login details.
  3. You are responsible for what you access on the App, how you interpret or use the App, the App Information and Your Content, and any actions you take as a result of your use of the App.
  4. You may communicate with CCA Customers through the App only:
    1. where they have appointed you in respect of Your Transactions; and
    2. for the purpose of providing services related to Your Transactions.
    3. You must not use the App (including the App Information):
    4. in any way, or in connection with any purpose, that is unlawful, illegal, fraudulent, or harmful;
    5. to harass or intimidate any person (including by sending an unreasonably high number of messages);
    6. to engage in any conduct that is, or is likely to be, misleading or deceptive; or
    7. in a manner that may bring CCA, the App or your profession generally into disrepute.
  5. You remain responsible for any breach of contract or infringement of any intellectual property or other rights of any third party in connection with Your Content or your use of the App.
  6. You must comply with our instructions in relation to your use of the App.

3.3 Professional Registration

If, in your use of the App, you are providing services that require you to hold a Professional Registration, then at all times when using the App you must hold that Professional Registration, which must be current and valid and, in using the App, you must comply with:

  1. the terms of your Professional Registration; and
  2. any applicable code of conduct for your profession in each state or territory in which Your Transactions take place.

3.4 Obtaining consent

  1. Before using the App to enter, upload or transmit any personal information about any person, you must ensure that:
    1. you have explained to the person that their personal information is being collected and used in connection with the potential or actual sale or purchase of a property;
    2. you have explained to the person the consequences of not providing their personal information;
    3. you have obtained the person’s consent to their personal information:
      • being collected and used by us in accordance with our Privacy Policy; and
      • being made available to other people, including our service providers (who may be located in Australia or overseas) and CCA’s Related Businesses;
    4. you have explained to the person that they may seek access to and correction of their personal information in accordance with our Privacy Policy; and
    5. you have explained to the person how to access our Privacy Policy.
  2. Before using the App to upload or transmit any document or other information, you must ensure that you have all the authorisations and consents required in order for you to do so lawfully and without infringing the rights of any person.

3.5 Your Content

  1. You agree to take reasonable steps to:
    1. ensure Your Content is accurate, up-to-date and complete; and
    2. inform us if any of your personal information included in Your Content is not accurate, up-to-date or complete.
  2. You are solely responsible for Your Content, which includes:
    1. information from Your Profile;
    2. the information you record via the App – including communications with other users of the App; and
    3. any other information that you enter using the App.
  3. You represent and warrant that Your Content will not include any material that:
    1. infringes the rights of any person;
    2. includes an image or personal information of another person unless you have their consent, and you have informed them of our privacy practices;
    3. is misleading, deceptive, defamatory or materially incorrect;
    4. is obscene, intended to humiliate or insult, or likely to cause offence;
    5. directly or indirectly involves the advertising or marketing of any products or services; or
    6. is otherwise unlawful, encourages unlawful conduct, or is otherwise inappropriate having regard to the purpose of the App.
  4. You grant:
    1. us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify and adapt Your Content in any medium; and
    2. each user of the App a non-exclusive licence to use, reproduce, modify and adapt Your Content as permitted by us and these Terms.
  5. We may at any time, without liability to you, remove, alter or disable access to any or all of Your Content in our sole discretion, without prior notice to you.

3.6 Risks associated with Your Content

  1. You assume all risks associated with Your Content.
  2. While we reserve the right to remove Your Content, we do not control Your Content or actions or content posted by you or other users and do not guarantee the accuracy, integrity or quality of any content.
  3. You accept and agree that:
    1. Your Content, and any and all liability arising from Your Content, is your sole responsibility; and
    2. Your Content may be visible to third parties including CCA Customers and Related Businesses, and that such persons may rely on Your Content.

3.7 App security

You must not:

  1. use the App for any purpose other than those specified in section 2;
  2. access the App using automated means;
  3. upload to, or transmit using, the App any viruses or other code or files designed to interrupt, limit or destroy the functionality of the App or any other software or hardware;
  4. bypass any measure we use to prevent or restrict access to the App, any part of the App or any other software, systems or networks connected to the App;
  5. distribute or make the App available over a network where it could be used by multiple devices at the same time;
  6. use the App to transmit (or authorise the transmission of) unsolicited messages;
  7. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the App;
  8. copy, modify or create derivative works of any part of the App;
  9. do anything that could disable, overburden or impair the proper working of the App, such as a denial of service attack; or
  10. let anyone else access the App using Your Profile, your device or your login details.

3.8 Your Profile

  1. Prior to accessing any functionality of the App, you must either :
    1. register for an account through the App interface by filling in and submitting the required details to create Your Profile; or
    2. where you work for a business that has entered into an agreement with CCA for the whole business, use the account details provided to you by that business.
  2. If we determine that you are suitable to have a Profile, we will then send you a verification email to the email address you provided. You must follow the instructions in this verification email to complete the set-up of Your Profile.
  3. You can manage or remove information from Your Profile through the App.
  4. You may delete Your Profile by contacting the App administrator at info@conveyancing.com.au or deleting Your Profile within the App.
  5. You must :
    1. notify us immediately if there is any unauthorised access to Your Profile;
    2. keep your password confidential; and
    3. notify us immediately if you become aware of any disclosure of your password.

3.9 Receiving notifications

  1. You agree to receive electronic messages, including messages of a commercial nature, via email, SMS or in-app notifications. These messages may be from us, our Related Businesses, our service providers or other users of the App.
  2. You may be able to select not to receive certain in-app notifications by adjusting the settings on your device or other software (as applicable) to turn off these in-app notifications.
  3. You agree that we may send you communications about the state and security of Your Profile, even if you have turned off certain in-app notifications, or requested not to receive commercial electronic messages via email or SMS.

3.10 Fees

We reserve the right to introduce fees for use of the App. If we decide to introduce such fees, we will notify you about this, and allow you to either continue or terminate your use of the App.

3.11 App Information

  1. We do not check the reliability, accuracy or completeness of App Information, including information provided by CCA Customers participating in Your Transactions.
  2. We do not accept responsibility arising in any way from App Information, including any errors or omissions in the information.
  3. You may use and disclose the App Information only to the extent necessary to act for CCA Customers that have appointed you in respect of Your Transactions.
  4. You must not use or disclose any personal information forming part of the App Information except to the extent necessary to act for CCA Customers that have appointed you in respect of Your Transactions.
  5. When using the App, you may be exposed to the content of other users of the App or provided to us by third parties. You acknowledge and agree that we do not have a practice of monitoring or making inquiries about this content, and that we are not responsible for this content. You release CCA from any claims that you could assert against us relating to or in connection with this content.

4 Intellectual property

  1. Subject to the express provisions of these Terms we own and control all the copyright and other intellectual property rights in the App and reserve all intellectual property rights in any other material in the App (together the App IP).
  2. Subject to you complying with clause 3, we grant you a non-exclusive, non-transferable and non-sublicensable license to use the App IP until these Terms cease or are terminated.
  3. You acknowledge that you have no right, title, or interest in the App IP except as set out in this clause 4 and you must not do anything with the App IP that is not expressly authorised by these Terms.

5 Privacy

You agree that we may :

  1. collect personal information about you through your interactions with us and your use of the App, and collect information about you from third parties; and
  2. collect, use, store, handle and disclose personal information about you in accordance with our Privacy Policy.

If we are not able to collect personal information about you as set out in these Terms and in our Privacy Policy, then we may not be able to provide some or all of the functionality of the App to you, and the App may not work properly as a result (e.g. some key features of the App may be disabled).

6 Liability and limitations

6.1 Limitations of the App

  1. Faults. We will use reasonable care in providing the App to you. However, we cannot guarantee that the App will always be free from faults.
  2. Interruptions. Since electronic services are subject to interruption, breakdown and failure, access to the App is offered on an ‘as is’ and ‘as available’ basis only. We are not liable for any delay in using, or any inability to use, the App.
  3. Transmission. Your Content may be transmitted to servers in Australia or overseas. The transmission of information over networks is inherently not secure. We do not guarantee, and you should not expect, that Your Content, or other information on the App, will always remain private.
  4. No guarantee of ongoing access. We reserve the right to discontinue or alter any or all of the App’s services, and to stop publishing at any time in our sole discretion without notice or explanation.

6.2 Limitation of our liability

  1. No warranties. We do not make any warranties about the App, the information you receive using the App or your use of the App or that information.
  2. No liability. To the extent permitted by law, we exclude all liability arising from or in connection with the App.

6.3 Your Consumer Rights

  1. Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). However, our liability to you for breach of Your Consumer Rights, or other rights, is limited to the maximum extent permitted by law.
  2. Where you suffer any loss in connection with the App, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

6.4 Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the App, including any breach by you of these Terms.

6.5 No compensation

You are not entitled to any compensation or other payment upon the discontinuance or alteration of the App, if we cease publishing or for any other failure, malfunction, incorrectness or other defect in the App.

7 Platform terms

7.1 Other terms
In addition to these Terms, your use of the App is subject to any terms and conditions applicable to the platform via which you are accessing the App (including any applicable terms at https://www.apple.com/legal and https://play.google.com/about/play-terms.html.

7.2 Apple

If you have downloaded or accessed the App via an Apple service (including the App Store or the iTunes Store), or on an Apple iOS device :

  1. these Terms are an agreement between you and CCA, and not with Apple. Apple is not responsible for the App or its contents;
  2. CCA grants you the right to use the App only on an Apple iOS product that you own or control, and as permitted by the Usage set out in the App Store Terms of Service;
  3. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
  4. Apple is not responsible for the investigation, defence, settlement or discharge of any third party intellectual property infringement claims;
  5. Apple is not responsible for addressing any claims by you or any third party relating to the App, or your possession or use of the App, including but not limited to :
    1. product liability claims;
    2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    3. any claim arising under consumer protection or similar legislation;
  6. in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
  7. you represent and warrant that you are not :
    1. located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country; or
    2. listed on any US government list of prohibited or restricted parties; and
  8. Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you.

7.3 Google

If you have downloaded or accessed this App via a Google service (including Google Play), or on an Android device :

  1. Google is not responsible for providing support or maintenance in respect of the App, or for addressing any claims about the App;
  2. CCA and third parties may collect and store various information relating to your Android device and your use of the App; and
  3. Google may collect, retain and use information about your use of the App and your Android device. You can find more information about how Google processes and uses your data on Google’s website (www.google.com).

8 General

  1. Governing law. These Terms are governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
  2. Invalidity. If any provision of these Terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
  3. Assignment. These Terms are personal to you and you may not assign or otherwise transfer any rights under these Terms without our prior written consent. We may assign or otherwise transfer our rights and obligations under these Terms without your consent.
  4. Variation. These Terms may only be changed by us. We will notify you of any changes in the manner described at the beginning of these Terms.
  5. No waiver. No delay or failure to act will be construed as a waiver of, or in any prejudice, any of our rights. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.

9 Definitions

App means the provision of access to CCA’s technology platform including any software provided by CCA to enable that access through the relevant interface (which may include, for example, an app installed on a compatible device, an app delivered through a web browser or access provided through integration into other software, and any updates made by us at any time that replace or supplement the technology platform or relevant interface.

App Information means information that you obtain from the App, and the information that you derive from information you obtain from the App.

CCA, our, us or we means Conveyancing.com.au Pty Ltd (ABN 24 629 749 882).

CCA Customer means actual or prospective vendors or purchasers of property or other persons who may be interested in using the CCA Services.

CCA Services means any services that CCA or its Related Businesses provide from time to time, including conveyancing, building inspections, pest inspections and electronic signatures and related services and activities.

Including means including but not limited to (and include has a similar meaning).

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Privacy Policy means our privacy policy, which is available at conveyancing.com.au/privacy-policy/.

Professional Registration means a licence or registration, issued by an Australian government body, for an individual to carry out the activities of a real estate agent, mortgage broker, financial advisor or other relevant profession practiced by you (as applicable).

Related Business means any of CCA’s related entities, as that term is defined in the Corporations Act 2001 (Cth).

Terms means these terms and conditions of use.

you means any person who downloads or uses the App.

Your Content means any information, documents, images, audio or video files, forms, applications or other materials that you enter or upload using the App, or that is entered or uploaded using your login details.

Your Profile means your account on the App and personal information about you entered or uploaded via the App.

Your Transactions means a transaction in relation to which you (or a person on whose behalf you are acting) have been validly appointed by a party to the transaction to act in a professional capacity in respect of the transaction.

Operational through COVID-19.