Terms and Conditions

of Sharebuyit

1. ACCEPTANCE

1.1 These Terms and Conditions (Terms) are between Sharebuyit Australia P/L  (ABN 366 148 032 71 | ACN 614 803 271), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity who registers for the Services (referred to as “you” or “your”), collectively the Parties and each a Party. These Terms apply to all Services provided and/or facilitated by us to you. These Terms are also available on our Website, www.sharebuyit.com.au (Site).

1.2 You have requested the Services set out in these Terms. You accept these Terms by either:
(a) registering as a member of the Services on the Site;
(b) registering for the Services by email;
(c) instructing us to proceed with the Services;
(d) making part or full payment for the Services; or
(e) executing a sharebuyit co-ownership agreement.

1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details found on the Site. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase our Services from us.

1.4 We will not commence performing the Services until you have paid our Fee.

2. SERVICES

2.1 We agree to perform the Services with due care and skill.

2.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.

2.3 You can request the Services set out in these Terms by registering as a member of the Site and paying the Fee.

2.4 We will provide the Service for the period set out on the Site (Service Period).

2.5 We will not assist or take part in any dispute resolution between members.

2.6 At the end of the Service Period the parties may agree to continue the Services under these Terms for an additional period.

2.7 We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms.

2.8 Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the services provided by Third Parties.

2.9 If you request amended or additional services, including but not limited to changes to the Services and/or scope (Variation), we have discretion as to whether we perform this work for you and whether an adjustment to the Fee may be required in respect of the same. If we are unable to accommodate the Variation, we may request that we be paid for Services performed to date and terminate these Terms.

2.10 If we agree to perform a Variation, then we will inform you of any additional cost (Variation Fee). You need to approve the Variation and Variation Fee before we commence work. We will invoice you accordingly for the Variation.

3. USER CONTENT

3.1 Use of the Services will allow you to post user content on the Site. You warrant that you will not use the interactive facilities of the Site:
(a) to engage in predatory behaviour, intimidate or otherwise bully other users of the Site;
(b) post, transmit or promote content which may reasonably be regarded as illegal, discriminatory, harassing, abusive, offensive, sacrilegious or otherwise indecent;
(c) collect email addresses, photographs, personal information or identifying information of other users of the Site;
(d) to engage in misleading or deceptive or fraudulent behaviour;
(e) to distribute viruses or other harmful computer code; or
(f) for any illegal purposes whatsoever.

3.2 You warrant that we will not be liable for any harm or damage that you suffer, directly or indirectly, as a result of the conduct of other members of the Site.

4. PRICE, INVOICING AND PAYMENT

4.1 You agree to pay us the Fee for the Services that you have requested, as set out on the Site or as advised by us. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable).The Fee is payable by way of Eway, credit card, PayPal or another merchant method facility advised and/or approved by us in writing from time to time.

4.2 We reserve the right to amend the Fee payable upon giving you thirty (30) days written notice.

4.3 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. Changes will apply to you for Services provided to you after we have notified you of the changes.

4.4 You acknowledge that in order to access the Services you must register on the Site, become a member of the Site and create an account on the Site by way of a username and password (Account).

4.5 You must not provide your Account details to anyone else or allow anyone else to use and/or access your Account. You are entirely responsible for the management of your Account, and you acknowledge that any access to or use of your account by means of the password associated with your Account is deemed to be access or use by you, this includes any purchases made through the account (except in instances of fraud).

4.6 We will not commence performing the Services until you have paid the Fee and created an Account.

5. YOUR OBLIGATIONS AND WARRANTIES

5.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, or interfere in our business relationship with, any employee, contractor, business partner and/or affiliate that was employed by, contracted to or affiliated with us during the term that we provide Services to you or the prior 12 month period.

5.2 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Services;
(e) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
(f) you will immediately inform us if you have reasonable concerns relating to another member’s or other members’ use of the site by emailing us here;
(g) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions; and
(h) you consent to the use of your first name and/or user name in relation to the Services in a way which may identify you.

6. OUR INTELLECTUAL PROPERTY

6.1 The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.

6.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.

6.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.

6.4 You must not breach our Intellectual Property rights by, including but not limited to:
(a) altering or modifying any of the Materials;
(b) creating derivative works from the Materials; or
(c) using our Materials for commercial purposes such as onsale to third parties.

Our material licensed to you

6.5 We will license to you all member features, including but not limited to, a secure log in profile, calendars, condition reports, guides, referral program and co-ownership agreements (Licensed Material), upon full payment of our invoices.

6.6 We grant you a non-perpetual, non-exclusive, revocable, Australia wide and non-transferable licence to use the Licensed Material for the agreed purpose of accessing and using our Services for non-commercial gain.

7. CONFIDENTIAL INFORMATION

7.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary to provide the Services); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.

7.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.

7.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.

7.4 The obligations under this clause will survive termination of these Terms.

8. FEEDBACK AND DISPUTE RESOLUTION

8.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.

8.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

8.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

9. TERM AND TERMINATION

9.1 These Terms terminate automatically at the end of the Service Period.

9.2 Either Party may terminate these Terms without cause by providing the other Party thirty (30) days notice in writing.

9.3 We may suspend the Services or terminate these Terms immediately, at our sole discretion, if:
(a) we consider that a request for the Service is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) we consider that our working relationship has broken down including a loss of confidence and trust;
(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
(e) you breach any provision of these Terms.

9.4 On termination of these Terms you agree that any Deposit or payments made are not refundable to you, and you are to pay all Invoices for Services rendered to you.

9.5 If you terminate these Terms before the End Date, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.

9.6 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.

9.7 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.

9.8 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

9.9 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

10. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

10.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.

10.2 Services: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

10.3 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services where it is affected by your delay in response, or supply of incomplete or incorrect information.

10.4 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.

10.5 Refund: On request by you, we will refund the Fee within seven (7) days of payment, if you are not completely satisfied with our Services.

10.6 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

10.7 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
(b) the Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, the late supply of Services, and/or your interactions with other members of the Site, even if we were expressly advised of the likelihood of such loss or damage.

10.8 Limitation: To the extent permitted by law our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

10.9 Disclaimer: Our Services include advice, tools and documents in relation to the co-ownership of lifestyle assets. You acknowledge and agree that the quality of the advice, tools and documents are dependent on the information you provide. Our services are provided via the Site, we accept no responsibility for any harm or damage that you suffer, directly or indirectly, as a result of any advice, tool or document that is inaccurate, incomplete or incorrect. You further acknowledge and agree that we accept no responsibility for any harm or damage that you suffer, directly or indirectly, as a result of a failed or less than satisfactory co-ownership arrangement facilitated by us.

10.10 This clause will survive termination of these Terms.

11. INDEMNITY

11.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and (c) any misuse of the Services from or by you, your employees, contractors or agents.

11.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

11.3 The obligations under this clause will survive termination of these Terms.

12. GENERAL

12.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

12.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

12.3 GST: If and when applicable, GST payable in connection with the supply of the Services will be set out on our Invoices. You agree to pay us an amount equivalent to the GST payable on the supply at the same time that you pay our Invoices.

12.4 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

12.5 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).

12.6 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

12.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days’ notice in writing.

12.8 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to you at the address you have provided to us. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.

12.9 Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.

12.10 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

13. DEFINITIONS

13.1 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Queensland, Australia.

13.2 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.

13.3 Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

13.4 Fee means the cost of subscribing to the Service, as indicated on the Site or as advised by us from time to time, which is an annual subscription fee payable in advance and is payable at the time of the Service Request and at each annual anniversary of the Service Request thereafter.

13.5 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

13.6 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.

13.7 Services means subscription services hosted on the Site which allows members to:
(a) communicate with other members of the Site via an online portal; and
(b) access, create and manage asset co-ownership tools, including but not limited to, a secure log in profile, calendars, condition reports, guides, a referral program and co-ownership agreements
with a view to co-owning lifestyle assets with other members of the Site.

Contact details:
Sharebuyit Australia P/L ABN 366 148 032 71 | ACN 614 803 27 trading as sharebuyit
PO Box 1639 Noosa, QLD, 4567 Australia
Click here to email

Last update: 13 January 2016
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.

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