Terms & conditions

Marketplace Terms & Conditions

Thanks for stopping by! We are glad you are using Propt Me. Before you continue using our Platform, please read these Terms as they set out your rights and responsibilities.

These marketplace terms and conditions (Terms) are entered into between Propt Me Pty Ltd ABN 50 641 942 832 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform.

We provide a platform where people who have items for hire or who offer services (Providers) and people looking to hire items or receive services (Customers) can connect (Platform). The Platform is available via our mobile application and certain parts of the Platform may also be available at www.proptme.com.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Customer or Provider; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by checking the box on the Platform or using the Platform.

You must be 18 years old to use the Platform.

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Platform summary

The Platform is an online marketplace where Providers can advertise goods for hire and/or services they can offer, and where Customers and Providers can find each other. We provide the Platform to users (including hosting and maintaining the Platform) and provide Promotional Opportunities for Providers (together the Propt Me Services). You understand and agree that we only make available the Platform and the Propt Me Services. We are not party to any agreement entered into between a Customer and a Provider, we have no control over the conduct of Providers, Customers or other users of the Platform, and we have no involvement in or responsibility for the hiring out of goods or the provision of the services.

A Provider wanting to provide goods for hire and/or services creates an Account on the Platform and posts an accurate and complete description of the goods and/or services they can provide including: (1) up-to-date photographs of the goods (which must be refreshed frequently to clearly show recent photos of the goods); (2) a detailed description of the goods or services; (3) your location, or geographical area to which you could travel in order to provide services or hire out the goods; (4) a reference to any instruction manuals that go along with goods; (5) a reference to any additional agreements that must be accepted by both parties; (6) the price to hire the goods or receive the services; and (7) any bond or security deposit required for the goods (Listing).

Providers and Customers may enter into written agreements in relation to the goods and/or services. To the extent there is inconsistency between any additional agreements and these Terms, these Terms will prevail.

Each type of good or service that a Provider offers must be contained in a separate Listing. Providers can update the availability of the goods in their Listing. If we receive complaints about any goods you offer, or if your Listing infringes any person’s privacy or is in breach of any law, we may remove any Listing.

Certain types of goods and services are prohibited from being published in a Listing including drugs, alcohol, event tickets, illegal items, weapons, illegal or prohibited services, and sex services.

A Customer wanting to hire goods and/or receive services can view and browse Listings.

A Customer may request to hire goods and/or receive services described in a Listing by sending a message to the Provider through the Platform. Customers and Providers can then use the Platform to discuss hiring the goods and providing the services externally to the Platform. Customers and Providers may choose to negotiate the price to hire the goods or receive the services.

Responsibilities

As a Provider, you agree that:

prior to hiring out goods to a Customer, you must take a photo of the Customer’s licence or photo identity document;
it is recommended that you complete a condition report about goods prior to hiring out goods;
you will provide the Customer with all necessary operating or safety manuals relevant to the goods;
you are responsible for obtaining all necessary insurances for any services you offer, or goods that you hire out (including vehicles). This includes maintaining valid registration for vehicles. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require;
you are the legal owner of the goods (or, if you are not the legal owner, you have all necessary approvals, authorities and consents necessary to hire out the goods);
you are legally qualified to provide the services;
the description and photographs of goods are true and accurate and that any flaws or defects are included in the Listing;
the goods are safe, compliant with any relevant safety standards, are of acceptable quality for hire and are fit for purpose;
you will comply with government regulations (including practicing social distancing if required) when interacting with Customers;
you will liaise with the Customer to arrange the delivery and pickup of the goods, or provision of the services; and
we are not responsible for any theft or damage to the goods.

As a Customer, you agree that:

you are responsible for obtaining all necessary licences (including a driver’s licence) and insurance in order to use any goods (including vehicles) that you hire;
you must only use the goods in a proper, safe and careful manner and only for the purpose for which the goods are designed;
you will comply with government regulations (including practicing social distancing if required) when interacting with Providers;
the goods will remain in your care, custody and control while you are hiring them and you will not allow any other party to use and operate the goods;
you will return the goods to the Provider at the end of the agreed hire period in the same state and condition as when you took possession;
you will use the goods in accordance with any instruction manual and in accordance with applicable laws;
you will be responsible to pay all fines and infringements (including towing fees) incurred by you during the hire of goods;
you are responsible for any loss, incurred cost, theft, damage, vandalism or destruction of or to the goods; and
if you do not return the goods to the Provider at the end of the hire period, the Provider may be entitled to obtain the goods by engaging a third party or through an order of the court.

Promotional Opportunities

As a Provider you may also choose to purchase promotional opportunities, such as a feature in our email marketing, placement on our home page, or placement at the top of the Listing search results (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. Payment for any Promotional Opportunity must be made in advance in accordance with the Payment clause below. We do not make any representations, warranties or guarantees that any Promotional Opportunity will be fit for any particular purpose, will achieve any specified result, or will provide any benefit. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

Accounts

You must register on the Platform and create an account (Account) to browse Listings, but you will be prompted to provide further information to access all of the Platform’s features, including to create a Listing or to communicate with other users.

You may only have 1 Account on the Platform which you can use as a Provider and as a Customer.

You must provide basic information when registering for an Account including your name, email address and phone number and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. If you are creating an Account on behalf of a business then you must also provide your business name and ABN.

You may register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo, your email address and other basic information.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases of Promotional Opportunities made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including the threshold of reviews you receive.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as by email.

Customers and Providers can communicate privately using our private messaging service and may share their personal contact details with each other for communication off the Platform, including to arrange the hire of goods or provision of services.

Payment

It is free to register an Account on the Platform, for Customers to create Listings, or for other users to review content on the Platform, including Listings.

If Providers choose to purchase Promotional Opportunities through the Platform, they do so in accordance with this clause.

We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Refunds and Cancellation Policy

The cancellation, exchange, variation or refund of any goods or services arranged via this Platform is strictly a matter between the relevant Customer and Provider.

For disputes between Customers and Providers, we encourage the parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may email us at the address at the end of these Terms and we may remove users from the Platform in accordance with the Termination clause, but otherwise, we do not have any other involvement in disputes between Customers and Providers.

Reviews

Providers may review their experience with a Customer on the Platform, and Customers may review their experience with a Provider, including the Provider’s goods or services (each a Review).

Reviews can be viewed by any user and will remain viewable until the Account belonging to the Provider or Customer who received the review is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

Providers and Customers can write a Review about the other if they have had an experience with the other, which means that they communicated with the other on the Platform, or used the Platform to arrange the provision of goods or services (collectively referred to as an Experience).

You may not write a review about a Provider if that Provider is a business you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that business, or work for the business. Similarly, you may not write a Review about a direct competitor to the business you own, are employed by or work for.

Your Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Experience. You are not permitted to write a Review about somebody else’s Experience, such as that of a family member or friend.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Provider to write a Review, you should include information about this in your Review. Incentives include the Provider offering you a gift, reward, discount or advantage for writing a Review about the Provider on the Platform.

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including photographs, Listings and Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Propt Me Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

you will not use our Platform, including the Content, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
where you are a Provider, you are responsible for complying with all laws, rules and regulations which apply to providing the goods and/or services in your Listings; and
where you are a Provider, you are appropriately qualified, and have any required skills, knowledge or training, to provide the goods and/or services.

Australian Consumer Law

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 the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Customer, the goods and services provided by a Provider may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

your acts or omissions;
any use or application of the Propt Me Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
any aspect of the Customer and Provider interaction including the goods and/or services offered by the Provider, the description of the goods and/or services requested or offered, any advice provided, the performance of services or the hiring out of goods by the Provider;
any works, services, goods, materials or items which do not form part of the Propt Me Services (as expressed in these Terms), or which have not been provided by us;
any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
the Propt Me Services being unavailable, or any delay in us providing the Propt Me Services to you, for whatever reason; and/or
any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;
our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions or any of your personnel; and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Propt Me Services to you or, in our sole discretion, to us paying you $10.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 5 days’ notice to you (Termination for Convenience). This is to give you time to make a copy of any Content you have uploaded to the Platform, including information contained in Listings.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
you repeatedly receive negative reviews or if we repeatedly receive complaints about you; or
there is any reason outside our control which has the effect of compromising our ability to provide the Propt Me Services.

These Terms will terminate immediately upon written notice by you, if we are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you.

Upon expiry or termination of these Terms:

we will remove your access to the Platform;
we will immediately cease providing the Propt Me Services; and
you agree that any payments made by Providers to us for Promotional Opportunities are not refundable to you.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Provider and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

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.

Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and 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 by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Propt Me Pty Ltd ABN 50 641 942 83287 781 752 843

Email: info@proptme.com

Last update: 23 June 2020

Website Terms of Use

Thank you for visiting the Propt Me website! We are glad you are here. We use this website to provide you with information about Propt Me, including information about how you can sign up as a user of the Propt Me mobile application.

This website (Site) is operated by Propt Me Pty Ltd ABN 50 641 942 832 (we, our or us). It is available at: www.proptme.com and our mobile application, and may be available through other addresses or channels.

How you consent to these terms of use

If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user of our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited electronic messages; or
facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

Information

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:

copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Content you upload

We encourage you to interact with our Site! Particularly if you are a provider of goods or services and you would like to create a listing to advertise the services you can offer or the goods you wish to hire out. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Propt Me Pty Ltd ABN 50 641 942 832

Email: info@proptme.com

Last update: 23 June 2020