Terms and Conditions

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on the Site) which sets out how we will handle your personal information;
• clause 1.5 (Variations) which sets out how we may amend these Terms;
• clause 5.10 (Indemnity) which sets out the indemnity that you provide to us for your User Content; and
• clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Engagement and Term

• These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
• Subject to your compliance with these Terms, we will provide you with access to the Services.
• We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
• If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
• We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Services 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 should cease using the Services.

Profile

You may browse content without creating a Profile; however, to access certain features, you may be required to register for a Profile. When using the Platform, you may be required to select your user type for your Profile: buyer, seller, buyer's agent or creator. We reserve the right to review and approve or reject each Profile.

While you have an Profile with us, you agree to:

• keep your information up-to-date (and ensure it remains true, accurate and complete);
• keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
• notify us if you become aware of, or have reason to suspect, any unauthorised access to your Profile or any logins linked to your Profile.

If you close your Profile, you will lose access to the Services.

Licence

During the Term, we grant you a right to use our Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.

You must not:

• access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
• interfere with or interrupt the supply of the Services, or any other person's access to or use of the Services;
• introduce any viruses or other malicious software code into the Services;
• use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
• attempt to access any data or log into any server or account that you are not expressly authorised to access;
• use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
• circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
• access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

Availability, Disruption and Downtime

While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

Intellectual Property and Data

We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.

Our Content

We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the Content, solely for your own personal use and internal business use.

You must not, unless expressly authorised by us or these Terms:

• circumvent or disable any content protection system or technical protection measure used in the Services or the Content;
• copy or modify, in whole or in part, any of the Content;
• reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or
• breach, or allow any third party to breach, any intellectual property rights in the Content.

We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.

User Content Ownership and Licensing

We may allow you to post, upload, publish, submit or transmit relevant information and content to the Platform (User Content).

By uploading User Content to the Platform, 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 the User Content in any way reasonably required to provide the Services, promote the Platform in any media or promotional material, and for any other purposes, including our commercial business purposes. The licence you grant us continues even after our agreement with you ends and you stop using the Platform. We may grant sub-licences to the User Content for example to allow Users to view User Content.

You waive all moral rights which you may have under applicable law in relation to User Content.

You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a tag. 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 Platform (including on social media) 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 a breach of any party's Intellectual Property Rights.

Content Moderation

We do not endorse or approve, and are not responsible for, any User Content. We reserve the right to review and approval all User Content and may, at any time (at our sole discretion), remove any User Content.

We may use AI systems to moderate User Content.

This clause 5 will survive the termination or expiry of these Terms.

Acceptable Use and Content Guidelines

You must use our Platform according to our Content Guidelines. If you violate our Content Guidelines, we may take action with respect to your Profile, including disabling or suspending your Profile and, if we do, you must not create another Profile without our permission.

You must adhere to the following guidelines (Acceptable Use and Content Guidelines) when using the Platform:

Acceptable Use: you must access and use our Platform only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Platform in ways that:

• violate, misappropriate, or infringe our rights, our users' rights, or others, including privacy, publicity, intellectual property, or other proprietary rights;
• are illegal, obscene, pornographic, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
• involve publishing falsehoods, misrepresentations, or misleading statements;
• impersonate someone;
• involve sending illegal or impermissible communications, such as bulk comments or messaging; or
• involve any non-personal use of our Platform unless authorised by us.

Content Guidelines: where you upload User Content to the Platform in the form of videos of properties, you must follow the following User Content guidelines:

• submit only one video of each property to the Platform;
• obtain all relevant consents or permission (including from the property owner or agent) before filming the property. Start with a friendly ask – always check in with the agent or property owner before filming. It's a great way to build rapport and ensure you're on the same page;
• focus on showcasing property features and avoid filming of individuals without consent. You should ensure that you capture the property, not the crowd. You should focus on showcasing the features of the home, and kindly respect others and their privacy by avoiding filming buyers or residents without their consent. Do not focus on any person or personal Items/photos or infomat. No audio or visual record of phone numbers. If they are recorded, they need to be cropped out before being posted;
• respect the privacy of individuals and showcase the property respectfully. You should ensure that you keep your videos focused on the beauty of the home, and avoid filming private or sensitive areas or personal items. This helps ensure everyone feels comfortable and welcome. Focus on positive aspects and potential opportunities. Never put anyone down or belittle anything to do with the agent or the property;
• ensure that conversations recorded by you are kept private. You should be mindful of audio to respect any private discussions. Let your visuals do the talking! This includes phone numbers and any other confidential chats going on around you in the open house. No discussion on price should ever be mentioned or discussed;
• maintain professionalism and positivity in all content. You should keep your videos informative, genuine, and positive. We want agents and owners excited to have you back for the next inspection;
• limit video length to a maximum of 300 seconds. If you want the end of the video to be in your post, you'll need to crop your video down under 5 minutes; and
• showcase all rooms of the property or otherwise mention the areas not shown.

You can report inappropriate content or copyright violations through the in-app reporting feature or by emailing inspections@property-inspected.com.

Confidential Information and Personal Information

While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a 'need-to-know basis' (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).

We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

This clause 7 will survive the termination or expiry of these Terms.

Consumer Law Rights

In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

This clause 8 will survive the termination or expiry of these Terms.

Liability

To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

• your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
• any use of the Services by a person or entity other than you.

Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

• neither we or you are liable for any Consequential Loss;
• a party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
• (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
• our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Service, to AU$1,000.

This clause 9 will survive the termination or expiry of these Terms.

Notice Regarding Apple

To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, 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 Services and any content available on the Services.

Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.

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.

Apple and Apple 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.

Suspension and Termination

Suspension

We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

We may terminate these Terms (meaning you will lose access to the Services, and any recurring Services will be cancelled) if:

• you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
• you breach these Terms and that breach cannot be remedied;
• we decide to discontinue the Services; or
• you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors' schemes of arrangement).

You may terminate these Terms if:

• we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
• we breach these Terms and that breach cannot be remedied.

You may also terminate these Terms at any time by notifying us through your Profile or to our email for notices (as set out in clause 12.8), and if you have purchased any recurring services, termination will take effect at the end of your current Services period.

Upon termination of these Terms, we will retain your data (including copies) as required by law or regulatory requirements.

Termination of these Terms will not affect any other rights or liabilities that we or you may have.

This clause 11 will survive the termination or expiry of these Terms.

General

• Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
• Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
• If the Dispute is not resolved at that initial meeting:
  • where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
  • where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
• Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
• Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
• Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
• Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
• Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
• Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Profile.
• Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.
• Publicity: You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

Definitions

In these Terms:

• AI System means any machine-based system that can, for given sets of objectives, generate outputs such as predictions, recommendations, decisions, or content that can influence the environment it interacts with, and includes generative AI tools, large language models, chatbots, and AI-assisted productivity tools.
• Consequential Loss includes any consequential loss, special or 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. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute "Consequential Loss".
• 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 us or you or otherwise.
• Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
• Profile means a profile accessible to the individual or entity who signed up to the Services.
• Services means the services we provide to you, as detailed at the beginning of these Terms.