Information

This document sets out the terms and conditions on which Propertise AI agrees to provide access to the Houval platform. By registering or otherwise agreeing to use Houval, you are agreeing to these terms and conditions. You acknowledge that a legally enforceable agreement exists between Propertise AI and you when you register or otherwise agree to these terms and conditions. If you do not agree to these terms and conditions, you must not register to use Houval. 

Definitions

1. In this agreement:
   
   1. Propertise AI  means Propertise AI  Group Pty Ltd (ACN 681 169 960) 
   2. Houval means the Houval platform for the delivery of property valuation reports using video, artificial intelligence, LiDAR and other means and associated features and functionality as described during the process by which you sign up to use Houval.
   3. you means the person registering to access and use Houval pursuant to the process by which you sign up to use Houval and, where you are signing up on behalf of a company or other entity, includes that company or other entity.
   4. Services means the services made available on the Houval platform as described during the process by which you sign up to use Houval and includes the Additional Services (if any).
   5. Additional Services means any additional services described during the process by which you sign up to use Houval including any training, implementation or support services. 
   6. Term means the period specified during the process by which you sign up to use Houval and subject to any extension of term.
   7. Third Party Facilities means any facilities, platforms, products, services, applications or other resources provided by third parties which are used in the delivery of the Services or which are provided or used with the Services and which include (without limitation) resources by which the Services are provided over the internet, hosting services and facilities, facilities by which payment or other financial transactions are concluded, or the services, products or software of third parties with which Houval is used, integrated or connected.
   8. Trade Marks means the trade marks “Houval”, "Propertise AI" and any other trade mark used by Propertise AI in relation to Houval or any other product or services.

2. Your Registration. On registering or otherwise agreeing to use the Services, you warrant and represent that: (a) the information you provide to Propertise AI is true, complete, accurate and up to date; (b) you will not provide Propertise AI with any inaccurate, misleading or false information; and (c) you are at least 18 years old or you have complied with registration procedures for persons under 18. You must: (a) ensure that your information is updated on a regular basis to ensure that it is true, complete, accurate and up to date at all times; (b) keep your registration information, including any password or other security information, secure such that it can only be used by you or a person authorized by you; (c) not allow any other person to use your registration; (d) not divulge your password or other registration information to any other person save as permitted by these terms and conditions; and (e) not make Houval available to any other person using your registration except where Propertise AI has agreed to this occurring pursuant to these terms and conditions. You must immediately notify Propertise AI of any breach of security or unauthorized use of your registration. You are responsible for all use of the Services using your registration and will indemnify Propertise AI (together with each of its related bodies corporate, directors, officers, employees, agents and contractors) for any loss or damage suffered as a result of any unauthorized use of your registration.

3. Services. Propertise AI will provide the Services, including any Additional Services, to you for the Term pursuant to this agreement. Propertise AI will use reasonable efforts to make the Services available 24 hours a day 7 days a week subject to: (a) scheduled downtime for maintenance, upgrades and other purposes, notice of which will be given to you; (b) unavailability or downtime of Houval caused by circumstances beyond the reasonable control of Propertise AI or as a result of the failure of or defects in Third Party Facilities or in taking steps to remedy any breach of security or any unauthorized access to or use of Houval; (c) any reasonable limitations imposed on access to or use of the Services by Propertise AI from time to time, notice of which will be given to you.

4. Payment. You agree to pay for the Services as described during the process by which you sign up to use Houval subject to these terms and conditions. You will not be provided with access to the Services until payment in full is received by Propertise AI. All payments are non-refundable, subject to the warranty and liability provisions set out below.

5. Intellectual Property. Propertise AI retains ownership of all intellectual property rights (including, without limitation, any patent, design right, copyright, confidential or proprietary information, know how, trade mark, domain name or other right) in relation to Houval and the Services. Propertise AI grants to you a non-exclusive, non-transferable, personal licence to use the Services for their intended purpose and for no other purpose. All other rights are reserved and no other licence is granted. You must not permit any unauthorized person to access, use, receive, copy, exploit or commercialize Houval. By uploading material to Houval, you grant to Propertise AI a licence to include such material on Houval for the purpose of your use of Houval and for the other purposes referred to in this agreement, including the collection and use of data. You must not reverse engineer, decompile, disassemble or otherwise interfere with the software for Houval, or permit any other party to do any such act. You must not disable or attempt to disable any device installed in the software for Houval which controls its security or use. You will not access or use Houval for the purpose of developing a platform for the delivery of services which are competitive with Houval. If you make any suggestions or provide feedback or a testimonial in relation to Houval, Propertise AI may use such suggestions or feedback or testimonial without any payment or other consideration due to you. You grant to Propertise AI a perpetual, irrevocable, worldwide and royalty-free licence to use any suggestions or feedback or testimonial relating to Houval.

6. Confidentiality. Each party will keep confidential any confidential information belonging to the other party disclosed pursuant to this agreement. Confidential information belonging to Propertise AI  includes the unpublished content and methodology of Houval, Propertise AI ’s dealings with you and any other information relating to Houval, and the business, operations or products of Propertise AI, but does not include information in the public domain or information which subsequently enters the public domain or which you can establish was known to you prior to disclosure by Propertise AI  (except as a result of a breach of an obligation of confidence owed to Propertise AI).

7. Privacy. By registering to use Houval, you consent to Propertise AI collecting, keeping and using your personal information. Your personal information will be collected, kept and used by Propertise AI in accordance with its privacy policy which can be found at [link].

8. Warranties. Propertise AI warrants that Houval and the Services will substantially conform to the description of the Services as described during the process by which you sign up to use Houval. Propertise AI does not warrant that the Services will be provided error free or will be available at all times. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions, guarantees, warranties, rights or remedies are excluded.

9. Liability. For the purpose of the following clauses dealing with liability, all references to Propoertise AI are a reference to Propertise AI together with each of its related bodies corporate, directors, officers, employees, agents and contractors.

10. Access and use. You must take your own precautions to ensure that the processes which you employ for accessing and using the Services do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Propertise AI does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Services.

11. Remedies. To the maximum extent permitted by law, Propertise AI’s liability and your sole remedy for breach of any express warranty, or guarantee, warranty, right or remedy implied or conferred by law, is limited to, at Propertise Al’s option, one or more of: (a) supplying the Services again; or (b) payment of the cost of having the Services supplied again. 

12. Exclusion. Except as expressly provided elsewhere in this agreement or where liability cannot be excluded by operation of law, Propertise AI will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the availability or your access or use of the Services.

13. Consequential loss. Without limiting the above, Propertise AI will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of revenue, business or profits, loss resulting from business interruption, loss of data, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the availability or your use of the Services.

14. Reliance. You acknowledge that Propertise AI relies on Third Party Facilities to deliver the Services and that such Third Party Facilities may fail or malfunction or not be available through no fault of Propertise AI. To the maximum extent permitted by law, Propertise AI will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you which is caused, or contributed to, by a defect, fault or failure of any Third Party Facilities or if Third Party Facilities are not available.

15. Use of information. To the maximum extent permitted by law, Propertise AI accepts no responsibility for, and excludes liability for, any interpretation or use of material, content, data, results or other information generated by use of the Services by you or any other person. You acknowledge and agree that such material, content, data, results or other information may contain errors or omissions.  Without limiting any other provision in this agreement, Propertise AI will not be liable to you (whether for breach of contract, negligence or otherwise) for any loss or damage suffered by you or any third party by reason of any reliance on or the interpretation or use of any material, content, data, results or other information generated by use of the Services or for any error or defect or omission arising out of the use of the Services.

16. Security. Propertise AI will adopt and implement measures to protect the integrity and security of the Services, such measures being of the type and standard reasonably to be expected of a provider of services of the sort provided by Propertise AI. You acknowledge that the integrity or security of the Services may be compromised even where such measures are adopted and implemented or where there is a failure of the owners or operators of Third Party Facilities to protect the integrity and security of information provided by you or third parties. Subject to any law or statute which prohibits the exclusion or limitation of any guarantee, condition, warranty, right or remedy, Propertise AI will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you or any third party as a result of any breach of security which results in unauthorised access to the Services or access to your information including personal information.

17. Data Collection. Propertise AI is entitled to collect data relating to your use of the Services including the content of any video, photographic, written or other material generated through your use of the Services. Such data may include but is not limited to the property design or layout, fixtures and fittings, colour schemes, furniture, appliances, brands of goods, floor coverings and other information relating to the features or contents of the property (Collected Data). The Collected Data may be aggregated with the data from other users, compiled by Propertise AI and personal information removed (Compiled Data). Propertise AI may use the Compiled Data for any purpose and the Compiled Data may be provided by Propertise AI to third parties. In so doing, Propertise AI will at all times comply with the Propertise AI privacy policy and its obligations under applicable privacy and data protection laws in Australia.
18. Uploading content. In uploading content to Houval you represent and warrant that you are entitled to do so. You must not upload any content which infringes any third party’s intellectual property or other rights.

19. AI Disclaimer. The disclaimer regarding the use of artificial intelligence by Houval is incorporated into these terms and conditions and forms part of them. The disclaimer can be found at; [link]

20. Compliance. You must comply with any law, legislation, regulation or code of practice applicable to your use of the Services. You must not use the Services for any illegal purpose including (without limitation): (a) sending or making unlawful, harassing, defamatory, libelous, tortuous, abusive, threatening, or obscene communications of any kind; (b) posting, publishing or disseminating material that infringes or violates any third party's proprietary or intellectual property rights; (c) posting, publishing or disseminating material that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; (d) posting, publishing or disseminating objectionable material, including without limitation, content that contains bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone; or (e) posting, publishing or disseminating spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. 

21. Surveillance devices. Without limiting the above, in using the Services you must comply with all laws relating to the use of surveillance or listening devices. You must not upload to Houval any audio or video or other material of any private conversation or activity without the consent of each person involved in such activity or conversation. Where required, you must obtain the consent of any person who features in any audio or video material and in uploading the material you represent that such consent has been obtained. Where you feature in any audio or video material, you consent to it being uploaded to Houval and its subsequent use.   

22. Use. You agree that, in using the Services, you must: (a) only use the Services in the manner specified by Propertise AI from time to time; (b) not disrupt or interfere with another subscriber's use or enjoyment of Houval;(c) not use or attempt to use another person's account, service or system; (d) not attempt to obtain unauthorised access to or disrupt or interfere with the use or security of Houval or any servers or resources used in the delivery of Houval;(e) not systematically extract, collect or harvest, through electronic means or otherwise, any data or data field or other content on Houval; (f) not disrupt the normal operations of Houval; (g)not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and (h) comply with all applicable laws and regulations related to privacy and data collection.

23. Termination. Propertise AI may terminate your right to access the Services with immediate effect by giving notice to you if: (a) you are in breach of this agreement and the breach is not capable of being remedied; (b) you are in breach of this agreement and, in the case of a breach which is capable of being remedied, you fail to remedy the breach within 30 days of receipt of written notice of the breach; (c) you fail to pay any amount due to Propertise AI; or (d) at the absolute discretion of Propertise AI, Propertise AI no longer wishes to allow you to access the Services. Propertise AI may suspend your use of the Services at any time if Propertise AI reasonably believes that you are in breach of any of these terms and conditions. You may terminate your access to and use of the Services at any time by following Propertise AI’s procedure for unsubscribing. Any amounts paid by you prior to unsubscribing are not refundable. If your right to access the Services is terminated or you unsubscribe, you must immediately stop using the Services and must not attempt to access the Services.

24. Severability. If any provision or part of a provision of these terms and conditions is held to be illegal, unenforceable or otherwise invalid, that provision or part will be deemed to be severed from these terms and conditions and the remainder of the agreement between Propertise AI and you will continue in effect.

25. Indemnity. You will indemnify Propertise AI (together with each of its related bodies corporate, directors, officers, employees, agents and contractors) and keep each of them indemnified against any loss or damage suffered by Propertise AI arising out of any breach of this agreement by you including (without limitation) any loss or damage arising out of any claim by any third party against Propertise AI.

26. Governing law. These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia. 

27. Amendment. Propertise AI reserves the right to amend or vary these terms and conditions from time to time.  Amendments or variations to these terms and conditions will be effective within 14 days of Propertise AI providing written notice to you.  Your continued use of the Services following the receipt of such notice will represent an agreement by you to be bound by the terms and conditions as amended and such amended terms and conditions will apply to any future use the Services.

28. Changes. Propertise AI may change the features and functionality of Houval from time to time. You agree that Propertise AI is entitled to make such changes and that these terms and conditions apply to Houval as amended from time to time.

29. Force majeure. To the maximum extent permitted by law, Propertise AI will not be liable for and all liability is excluded in relation to or arising from any event which is beyond the reasonable control of Propertise AI  including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.

30. Entire Agreement. These terms and conditions constitute the entire agreement between the parties in respect of the supply of the Services. This agreement supersedes all prior representations, warranties, agreements, understandings, negotiations and discussions whether oral or written, express or implied, collateral or otherwise, by or between the parties pertaining to the subject matter of this agreement.

31. Notices. Any notice to be given by a party pursuant to this agreement must be in writing and may be given by email which will be deemed to have been received by the recipient on the date on which it was sent unless a notice is received by the sender stating that the email was not able to be delivered or the recipient can establish that the email was not received. Where a notice is sent or received on a day which is not a business day in Western Australia, it will be deemed to have been sent and received on the next business day in Western Australia.

32. Assignment. This agreement is personal to you and must not be assigned by you except with the prior written consent of Propertise AI (which consent will not be unreasonably withheld). Propertise AI may assign the benefit of this agreement to a third party. 

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