Last modified and effective as of: 12/10/2020
Streets of OurTowns Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES OR PRODUCTS.
Your agree to comply with the full Terms when accessing or using Streets of OurTowns Services. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Streets of OurTowns will provide the Services and Products to you under this Agreement. The Services constitues the provision of a technology platform that enables you, as a user of Streets of OurTwons, also know as OurTowns, mobile applications or websites to: (a) purchase the Products including without limitation "Development Analytics", "Property Validation" and/or "Community Analytics" reports; (b) use Streets of OurTowns resource hubs including "Our Communities", "Our Stories" and/or "OurTowns Certified Real Estate Agencies"; (c) access and use the Streets of OurTowns Property Tools made available through the Services.
Subject to your continuing compliance with these Terms, Streets of OurTowns grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services or obtained from purchase of the Products, in each case solely for your personal, non-commerical use. Any rights not expressly granted herein are reserved by Streets of OurTowns.
You may not: remove any copyright, trade mark or other proprietary notices from any Product or any portion of the Services, reproduce, modify, prepare derivative works based upon the Products or otherwise exploit the Services except as expressly permitted by Streets of OurTowns. All Products or other documents that are electronically distributed to you may not to be modified in any form and these Terms are expressly included whether or not directly referenced in the Document and shall apply to such documents. The extract and supply or modification of any part of a Prodcut including any individual piece of information, any individual page or part of a page of Product is expressly not permitted except without the prior written approval of Streets of OurTowns.
When tabling a Product or any other document or information obtained by accessing the Services to any Third-Party you must inform that party of these Terms and that such Terms apply to the supply of such Products or other documents.
The Products and Services and all rights therein are and shall remain Streets of OurTowns' property. Neither these Terms nor your use of the Products or Services convey or grant to you any rights: (i) in or related to the Products or Services except for the purposes of the limited license granted above; or (ii) to use or reference in any manner Streets of OurTowns company names, logos, product and service names, trade marks or services marks.
3. Use of Services
To access and use some of the Services and download the Products, you may need to register with us and set up an Account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain and Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorise third-parties to use your Account, unless expressly permitted by Streets of OurTowns. You may not assign of otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, an you may only access or use the Services and download the Products for lawful purposes.
Streets of OurTowns takes no responsibility for any subsequent action that may arise from user misuse of the Streets of OurTowns Products and Services. Users are liable for any subsequent action that may arise from their input of incorrect or skewed data when using our Products and Services. Under no circumstance can you knowingly input incorrect or skewed data to obtain a desired result. You must at all points use accurate answers and failure to do so could see your Account blocked.
Commercial Electronic Messaging
By creating an Account, you agree that Streets of OurTowns may send you commerical electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of Service. Subject to applicable spam/junk mail legislation that may apply, you agree that Streets of OurTowns and its affiliates are not required to include an unsubscribe message in commercial electronic messages, other than email, where it may be impractivable to do so (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Streets of OurTowns at any time by written notification to email@example.com. You cannot unsubscribe from transactional messages, including property report receipts and support responses. These communications are important for your experience and our and your own record keeping.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services and download the Products. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updated thereto. Streets of OurTowns does not guarantee that the Services, or any portion thereof, will function on any particular hardware or deveices or all Internet browsers. In addition, the Services may be subject to planned maintenance outages and other unplanned outages, malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you ("Charges"). After you have received services or goods obtained through your use of the Service, Streets of OurTowns will facilitate your payment of the applicable Charges. Charges are quoted in Australian Dollars and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Streets of OurTowns or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure.
All Charges are due immediately and payment will be facilitated by Streets of OurTowns using your linked PayPal account (or credit card processed by PayPal), after which Streets of OurTowns will send you a receipt by email.
PayPal Account and Services
When you link your PayPal account to your Account you appoint Streets of OurTowns as your limited agent to; (a) provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments from your PayPal account; and (b) receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions.
Streets of OurTowns is not able to access your complete financial details from PayPal or your PayPal account. PayPal's terms and conditions apply to your use of PayPal when you access PayPal's services from our Services.
5. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms are found to exclude, restrict or modify any such rights to statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Services are provided "as is" and "as available".
Streets of OurTowns Products including its Property Reports are based on information provided by and reproduced with the permission of third-parties such as; the Western Australian Land Information Authority trading as Landgate, the Department of Planning, Lands and Heritage (DPLH), the Australian Bureau of Statistics and Google LLC.
While Streets of OurTowns takes reasonable care to ensure that the information provided herein is complete, accurate and up-to-date, it makes no guarantees, warranties, or representations whatsoever, and disclaims any liability of any loss, cost, expense, damage, or liability arising directly or indirectly as a result of, in connection with, or as a natural consequence of your reliance on such information.
To the full extent permitted by law, Streets of OurTowns, excludes all representations, warranties or terms (whether express or implied) other than those expressly set our in this Agreement.
Streets of OurTowns may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Streets of OurTowns reasonably suspects that:
(a) You have, or are likely to, breach these Terms; and/or
(b) You do not, or are likely not to, qualify, under applicable law or the standards and policies of Streets of OurTowns and its affiliates, to access and use the Services or Products.
A party may terminate this Agreement by written notice to the other if any of the following events has occured in respect of the other party:
(a) If Streets of OurTowns amends these Terms and Conditions after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Streets of OurTowns written notice of such rejection within Seven (7) days of the date such change became effective.
You may not assign or transfer these Terms in whole or in part without Streets of OurTowns prior written approval. You givev your approval to Streets of OurTowns for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Streets of OurTowns' equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Streets of OurTowns or any third-party provider as a result of the contract between you and Streets of OurTowns or your use of the Services or Products.
8. Amended Terms and Conditions
Streets of OurTowns may amend these Terms and Conditions at any time. Streets of OurTowns will make available the Terms and Conditions at this location and on its ourtowns.com.au website, and any amendments will become effective upon Streets of OurTowns' posting news of such updated Terms on such website and/or via email to your Account email address. Continued access or use of the Services after such posting, confirms your consent to be bound by the Terms, as amended, If you do not wish to accept the amended Terms and Conitions, you may terminate in line with the Termination clause 6 of these Terms.