propper Pty Ltd ACN: 616 760 377 (‘us’ or ‘we’), provides services and technology to facilitate and streamline the property letting management system, including [finding and] credit, reference and criminal history checking of prospective tenants, tenancy agreement signing, pre-tenancy inventories and check-ins, facilitating the rental payment process and the payment of bills, organising repairs, post-tenancy check-outs and cleaning, by way of a technology platform (the Services). The Services are conducted via the website https://www.propper.com.au (the Site).
These are the terms and conditions (Terms) upon which we make the Site and Services available to you. We may from time to time vary these Terms, without prior notice to you. You should periodically check these terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site or Services.
For the purposes of these Terms, ‘you’ means you, the individual, natural person, including a Landlord or prospective tenant where applicable, using or accessing, or registering with, the Site or any other person for whom you are accessing or using, or registering with, the Site on his or her behalf.
The Services are provided to landlords of properties (Landlords). To enable, use our Site and to receive our Services, Landlords must have:
signed a Managing Agency Agreement with us giving us consent to provide the Services; and registered the property for which the Services are to be provided with us (Property).
In providing the Services, we rely on complete, true and accurate information being provided to us. If you become aware that any information we have regarding the Property or yourself is incorrect in any way please contact us immediately. We will not liable for any incomplete, false or inaccurate information provided to us.
You must provide us with any information we request from time to time relating to your Property or you to enable us to provide the Services. Any information you provide to us may be disclosed to sub-contractors and agents for the purposes of the Services.
By signing an agreement with us, Landlords have agreed to pay our fees. We may suspend or decline to provide the Services in certain circumstances, including in the event that our fees remain unpaid or for breach of these terms or any applicable laws or any dispute regarding our agreement with you. We may also suspend or decline to provide the Services where any part of the Services would breach any law or where we are of the reasonable opinion that you are not acting in good faith.
Pursuant to the authority to list agreement a Landlord has signed with us, we are the agent for the Property authorised to provide the Services on the Landlord’s behalf.
propper is in no way party to and will not be liable for or have any relationship with enforcing any agreement made between Landlords and tenants.
4. Use of the Site
You must use the Site and Services for lawful purposes only and you may not use our Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Sites.
You are solely responsible for any content and other material including but not limited to information and photos relating to your Property that you submit, upload, publish or display on the Site, or otherwise provide to us for the purposes of the Services (Posted Content).
You warrant that you hold all appropriate, rights, licenses or permissions to upload and provide any information and material which contains the copyright or intellectual property belonging to a third party (including but not limited to any architectural plans, photographs, digital media or other designs).
You must not provide your or anyone else’s confidential information including phone numbers, addresses, credit card or financial information without their consent.
Crawling, spidering or scraping of the Site is prohibited. You may not provide unauthorised interfaces to any of our applications.
In using our Services and Site you, you warrant and ensure:
where a Landlord, you are the owner of the Property registered, or have authority to register for the Service; you do not breach any laws; any Posted Content is not unlawful or does not promote or encourage illegal activity; any Posted Content or your conduct when receiving the benefit of our Services does not mislead, deceive, embarrass, bully, victimise, harass, intimidate, threaten, impersonate, discriminate, defame or abuse any other person; the Posted Content is not unwanted or unsolicited or is in breach of the Spam Act 2003; the Posted Content is not false, deceptive or misleading (or is likely to mislead or deceive); you do not infringe any other party’s patent rights, trademark(s), copyright or other intellectual property rights. We may delete or refuse to accept any Posted Content that we consider, in our absolute discretion, breaches these Terms or may cause reputational or operational harm to us.
You shall be liable for and indemnify us against any and all losses, claims, costs and other liabilities caused or incurred by us as a result of or in connection with any breach of this clause 4 by you.
5. Intellectual Property
We own or are permitted or licensed to use all intellectual property in the Site and our Services.
You may not use any of our intellectual property for any purpose other than as required for the lawful use of the Site or for the sole purpose of receiving the benefit of the Services. Subject to the conditions prescribed under the Copyright Act 1968 (CTH) and similar statutes in your location, you may not, in any form or by any means:
adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this Site; or put to commercial use any information, products or services obtained from any part of this Site, without our prior written consent (or the written permission of the author whom copyright is attributed).
All trademarks appearing on the Site are property of their respective owners, including, without limitation us. No right, license or interest to such trademarks is granted by these Terms.
You must obtain our written permission to put a text link on any website you operate linking back to the Site. If we do provide our consent, we reserve the right to revoke such consent in which case you shall immediately remove and disable any and all of your links to the Site.
The Site and Services are provided on an “as is” basis. We specifically disclaim any other representation or warranty (express or implied) including any warranty of performance, merchantability or fitness or suitability for any particular purpose.
We are not liable for any delays where there has been a delay in receiving information or where the information we have received is incomplete, false or inaccurate.
To the maximum extent permitted by law, we exclude all express and implied representations and warranties which, but for these terms, might apply in relation to your use of the Site and Services. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, including but not limited to loss of income, profits, interest, goodwill, data, contracts, use of money, loss of opportunity or any loss or damages arising from or in any way in respect of a breach of these Terms, whether in tort, statute, contract or otherwise.
Without limiting anything in this clause 6, we exclude all liability for information provided to us by any party in relation to the Services.
To the extent that our liability cannot be excluded by law and subject to any other agreement between us to the contrary, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited in aggregate to $100.
7. Continuity of service
We aim to provide a service through our Site that is continually available and capable of use. We may however suspend access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend access to the Site includes (but shall not be limited to):
maintaining the Site or changing its features or functionality; where the relevant Landlord has terminated our engagement or removed a Property from our Site, or hasn’t use the Site for an extended period; where there has been a breach of these Terms or any agreement we have with a Landlord; faults, service outages or other technical problems; a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency. Unless the reason for suspension is unexpected or relates to some wrongful conduct by the relevant Landlord, we will endeavour to give you reasonable notice before suspending access to the Site.
We will not have any liability in connection with any suspension access to the Site, regardless of the reason for suspension.
8. No advice
Nothing we do on this Site constitutes any form of specialist advice, whether legal, financial or otherwise. You must seek your own independent professional advice where appropriate.
You may cancel your registration at any time by notifying us via email at email@example.com . We will then use our best efforts to cancel your registration within 21 working days of our receipt of your request.
We may cancel your registration at any time where you are not the owner of the Property you have registered.
We are under no obligation to perform ongoing Services. We may terminate these Terms at any time and suspend or refuse to provide any Services for any reason, without any notice to you, subject to any other agreement we have with you to the contrary. If termination, suspension or refusal occurs during the course of any Services being provided to you, we will notify you of any such termination, suspension or refusal.
Notices to you under these Terms will be sent to any email address you provide us. You will be treated as having received any email sent by us instantly upon its sending. You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our registered office.
We may assign or novate any of our rights or obligations under these Terms without your consent.
These Terms will continue to apply even when you are not using the Site and even if your access to the site has been suspended or terminated.
No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.
These Terms constitute the entire agreement between you and us in relation to its subject matter.
These terms and conditions must be construed and interpreted in accordance with the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the Courts of that State. You must attempt to resolve any dispute under these Terms firstly by mediation, in good faith
Clauses 3, 4, 5, 8, 9, 10 of these Terms survive termination.