Puchase terms of use

The Online Store is granted and operated by Rent Roll Calculator (We, Our or Us). These Terms set out the full extent of the agreement between You and Us in relation to the Online Store and as to how You may use Our website, Our Online Store, and Reports and other resources We may make available in connection with the Online Store.

1. Definitions

Competitor means any entity which provides or any person who owns or is employed by a business which provides services which compete or conflict with Our business.

Confidential Information means all confidential information, non-public or propriety information, including intellectual property, technical, commercial, financial or other information, exchanged between the Parties or known to a Party before, on, or after the date You access products in the Online Store.

Fee means Our fee charged in consideration for Your purchase of a product from the Online Store.

Malicious Code means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

Online Store means the online checkout system at https://www.rentollcalculator.com.au where you can place an order for Reports or other goods or services, and is inclusive of Report orders quoted and approved via email.

Parties means You and Us.

Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Law, which is collected or held by either Party in connection with these Terms.

Privacy Law means the Privacy Act 1988 (Cth) and Privacy Principles incorporated therein as amended and replaced from time to time.

Report/s means any item listed at https://www.rentollcalculator.com.au which can be purchased through Our Online Store, and any custom-made Report orders quoted directly via email.

Terms means these terms of use.

Us/We/Our means Rent Roll Calculator.

Website Terms means the terms of Our website that can be found here.

You/Your means the person or entity whose name a purchase or order is made under.

Your Data means all electronic data or information You submit to Us in the Report order process.

2. Documents

a. These Terms, together with the Website Terms (Documents) collectively constitute a legally binding agreement between the Parties.
b. If there is any inconsistency between the terms of the Documents, then the documents are to prevail in the following order to the extent of any inconsistency and as permitted by law:
i. these Terms; then
ii. Website terms.
c. By using the Online Store, You agree to do so in accordance with the Documents as specified above, which You are deemed to have read and understood at the time You used the Online Store.
d. We reserve the right to amend the Documents from time to time at Our own discretion, with any such amendments being effective immediately upon publication on Our website.
e. Your continued use of the Licensed Services represents an agreement by You to be bound by the Documents as amended. If You do not agree to be bound by the amended terms, then You can cancel the Licensed Services in accordance with clause 11.
f. Any query in relation to the Documents may be directed to Us via our Contact Us page.

3. Use of Online Store

a. The Parties acknowledge that use of the Online Store does not in any way constitute a joint venture, partnership, employment, or agency relationship between themselves.
b. You may not use the Online Store to conduct any unlawful activity.
c. You acknowledge that We may conduct Our own due diligence, background checks and research in respect of Your business profile and business operations, as relevant to the use of the Online Store. Such information obtained by Us will, in addition to the information You have provided Us, be treated as Confidential Information in accordance with clause 7.
d. We reserve the right to decline a purchase or order from the Online Store by any entity or person for any reason, at Our sole discretion.
e. Use of the Online Store is not available to a Competitor. If You, being a Competitor, purchase or order products from the Online Store and We become aware of this fact after You have made a purchase or order, We reserve the right to restrict Your access of Online Store and/or Your purchase or order.
f. You agree not to assign or transfer the Licensed Services without Our prior written consent, except that You may assign it to a successor by reason of merger, reorganisation, change of control, sale of business or by operation of law, provided such successor is not a Competitor.
g. You warrant that all personal and business information You provide to Us at the time of making a purchase from the Online Store is true and correct as at the date of Your purchase with Us.

4. Online Store

a. Whilst We use reasonable efforts to ensure the Online Store is secure, nothing on the internet is truly 100% secure. You acknowledge and agree that:
i. using and accessing the Online Store is at Your risk;
ii. We accept no responsibility whatsoever if Your sharing of information on the Online Store causes You loss of any form including but not limited to loss of goodwill and consequential loss;
ii. nothing in the Online Store constitutes financial advice;
iv. recording, screenshotting or otherwise sharing any content in the Online Store is not permitted;
v. You will not knowingly use the Online Store to store or transmit Malicious Code; and
vi. We, at Our absolute discretion, reserve the right to remove any person or entity in breach of this clause 4 from the Online Store and to terminate their access to the Online Store if We deem necessary.
b. We will make the Online Store available and provide the Reports:
i. in compliance with all applicable laws and government regulations relevant to the provision.
ii. in accordance with these Terms;
iii. in a diligent manner;
iv. to the standard of skill and care expected of a service provider experienced in provision of services of a similar kind; and
v. in accordance with all relevant professional principles and industry standards.
c. You will:
i. be solely responsible for the accuracy, quality, integrity and legality of Your Data that You provide to Us and the means by which You acquired that data;
ii. use commercially reasonable efforts to prevent unauthorised access to or use of the Online Store, and notify Us promptly of any such unauthorised access or use;
iii. use the Online Store only in accordance with these Terms and applicable laws that relate to Your business operations; and
iv. ensure when You provide information to Us You have complied with the Privacy Law and obtained all necessary consents as required by any applicable laws and other regulatory requirements, and indemnify Us to the extent You fail to do so;
v. ensure that any statement You make or information You provide to Us:
I. is not unlawful;
II. is not provided for improper use;
III. is not misleading or deceptive or likely to mislead or deceive; and
IV. does not include information that is defamatory, fraudulent, infringes the intellectual property rights of third parties, or would otherwise expose Us to any liability, legal proceedings or other sanction.

5. Reports

a. The Reports are as set out at https://www.rentrollcalculator.com.au and/or as quoted to You directly via email in the case of custom-made Report orders. We may revise these from time to time at Our own discretion, with any such updates being effective immediately upon publication on Our website.
b. Before submitting an order for a Report, You should review the description of what outputs and insights the Report provides.
c. Once You submit an order for a Report through the Online Store We will email You a link to a webform for You to upload Your Data as required to produce the Report.
e. It is Your responsibility to ensure Your Data is accurate and up-to-date. We do not take any responsibility for Your errors, omissions, or failure to update this information. We make no representations or warranties of any kind, express or implied, as to the completeness, accuracy, reliability, or suitability of the data contained in the Report. You should consult all relevant sources to determine to Your satisfaction the suitability of the information contained in the Report for Your requirements.
f. Your licence to use the Reports is as set out in clause 8 (Intellectual Property).
g. Although We will use commercially reasonable efforts to ensure Your completed Report will be accessible at all times during the licence period, it may become unavailable from time to time for scheduled downtime including for maintenance, system updates and upgrades, or as a result of events beyond Our reasonable control including but not limited to:
i. failure or default by any contractor or service provider of Ours that is providing infrastructure or services such as utilities, telecommunications services, data services , server, or cloud hosting or storage services;
ii. an abnormal peak of transaction volume; or
iii. any breach of these Terms by You or the negligence of You or Your personnel.

6. Disclaimers

a. We are not licensed valuers or financial advisors.
b. The Reports are not intended as legal, financial or investment, or professional advice and should not be construed or relied on for any purpose. Information in a Report will be prepared without taking into account Your personal objectives, financial situation or needs.
c. Any financial or forecasted information in a Report will be an estimation only, based on Your Data provided, and subject to fluctuating market forces.
d. Before making any commitments of a legal or financial nature You should consider the appropriateness of the information in the Report having regard to Your circumstances, and seek advice from a legal practitioner, independent expert, valuer, or financial or investment adviser.

7. Confidentiality

a. The Parties agree to treat as confidential, all Confidential Information exchanged during use of the Online Store.
b. The Parties may not disclose any Confidential Information of the other Party to a third party with the exception of information:
i. which is in or becomes part of the public domain (unless it has entered the public domain by breach of this clause 7);
ii. which is required to be disclosed by law; or
iii. which is disclosed to a third party with the written consent of the Party to whom the information belongs.
c. The Parties’ duty of confidentiality to each other is ongoing and survives You ceasing to use the Online Store and termination of the Licensed Services.

8. Intellectual Property

a. All products in the Online Store including but not limited to the Reports (Licensed Services) are subject to copyright protection and are protected by the intellectual property laws of Australia and they belong exclusively to Us and are the property of Ours or Our licensors (if any), and We retain all ownership rights to them.
b. We grant You a limited, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Licensed Services for the chosen subscription period unless You breach any of these Terms and Conditions in which case Your use must cease immediately.
c. The Licensed Services are licensed for Your use only and You may not reproduce, transmit, sell, distribute, sub-license or otherwise make available copies of these to any other person or entity unless agreed in writing by Us.
d. We own or license all intellectual property rights (including copyright and trade marks) in all Reports, information, text, material, graphics, logos, icons, sound recordings, bots, software and source code on Our Online Store (Subject Matter).
e. The Subject Matter is protected by copyright and are Our property or Our licensor's. Unless otherwise indicated, We reserve all rights in the Subject Matter. You may, if the format of the Reports allows, make a temporary copy of all or part of this material on Your local computer for the sole purpose of viewing it and print a single hardcopy of the Subject Matter for limited use in Your business (unless You are a Competitor). Except as permitted by the Copyright Act 1968 (Cth), You may not otherwise copy or reproduce the Subject Matter. Using the Subject Matter without Our permission may constitute an infringement of copyright and may expose You to serious liability.
f. You own Your Data and grant to us a non-exclusive, royalty-free, irrevocable, worldwide, non-transferable licence to use Your Data to provide the Licensed Services to You.
g. You agree that We may anonymise and de-identify Your Data such that it will not identify You or any individual (De-identified Data), and that We may aggregate and use De-identified Data for Our own purposes. These purposes include but are not limited to operations management, creating statistical analyses, conducting research and development, further developing and improving Our services and products and any new feature or capability of Our services or any other product or service (including analytics and algorithms), including commercialisation purposes.
h. We own all Intellectual Property Rights in De-identified Data, and You will have no claim or entitlement in respect of such data or any improvement or new product or service created as a consequence of Us having created, accessed or used such De-identified Data for any purpose.

9. Privacy and Personal Information

a. During Your use of the Online Store, We will process some Personal Information related to You, as described in our privacy policy.
b. Without limiting any obligations that We may have under the Privacy Law, We will:
i. comply with those provisions of the Privacy Law; and
ii. comply with Our privacy policy regarding the use, access, retention and disclosure of Personal Information.
c. You warrant that, in relation to Your Data, You have and will continue to comply with the Privacy Law in relation to the collection, use and disclosure of any Personal Information contained in Your Data. If Your Data contains Personal Information (whether inadvertently or deliberately), You acknowledge that You are solely responsible for handling that Personal Information. We do not accept any liability for handling Personal Information under these circumstances.
d. You must notify Us immediately if you share, upload or otherwise disclose Personal Information to Us, whether done so inadvertently or deliberately.
e. You indemnify Us in respect of any liability suffered or incurred by Us for any loss, cost (including legal costs on a full indemnity basis), action, proceeding, claim, damage, demand, liability or expense as a result of Your breach of this clause 9. This indemnity continues after our working relationship with You ends.

10. Payment

a. You agree to pay to Us, through direct deposit or through Our third party payment provider, Our Fee, which for a product in the Online Store has been advertised at or for which You have been quoted via email.
b. Our Fee is GST exclusive, unless stated otherwise.
c. You authorise Us, through Our third party payment provider, to:
i. Charge Your credit card for the payment of Our Fee; and
ii. Store Your credit card information on Our third party payment provider's system for the purposes of processing payments.
d. In the event You default to pay Our Fee, You acknowledge that We may take any steps as We think necessary to recover any outstanding amounts from You.

11. Cancellation of Licensed Services

a. You may cancel Your access to the Licensed Services at any time by contacting us via the Contact Us form on our website.

12. Termination of Licensed Services

a. We may, in Our sole discretion, terminate Your access to the Licensed Services immediately at any time for any reason including but not limited to:
i. You breaching these Terms or the terms of any of the other Documents, where We have given You written notice to remedy a breach and You do not do so within 14 days;
ii. You breaching clauses 7, 8, or 9 in respect of Confidentiality, Intellectual Property or Personal Information; or
iii. if We determine that You are or have become a competitor of Ours.
b. In the event of termination under this clause 12, your licence to use the Licenced Services will be terminated with immediate effect on the date We give You notice of termination.

13. Limitation of liability

To the maximum extent permitted by law, and without limiting any other provision in these Terms:
a. We exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to these Terms and/or the subject matter herein;
b. Our Online Store and Reports are provided on an ‘as is’ and ‘as available’ basis;
c. We make and give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to the Reports, Online Store or any other content You obtain from Our website;
d. No oral or written information or advice given by Us, Our suppliers, agents, representatives, or employees will create a warranty or in any way increase the scope of any statutory warranties.
e. In the event that Our supply of the Reports through the Online Store constitute a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) (the Act) and regulations made thereunder, nothing contained in these Terms excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon You pursuant to the Act, Our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under the Act.
f. We comply with the Australian Consumer Law (ACL) and Our supply of goods or services to You is subject to consumer guarantees provided under the ACL. If You think the supply of Our goods or services to You fails to meet a consumer guarantee, please contact Us so We can review the issue and liaise with You to remedy it.
g. We do not guarantee that the online platforms by which You access the Reports, Online Store, Our website or third party websites will be free from viruses, or that access to Our website or third party websites will function as intended or be uninterrupted. You must take Your own precautions to ensure that the process which You employ for accessing such online platforms and Our website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system. For clarity, We do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your access or use of the Online Store, Our website or any third party websites.
h. Our limitation of liability will survive termination of the Licensed Services or our working relationship with You.
i. In no event will Our aggregate liability arising out of or related to these Terms, whether in contract, tort or under any other theory of liability, exceed the total fees paid in the preceding 12 months by You.

14. Indemnity

You indemnify Us in respect of any liability suffered or incurred by Us for any loss, cost (including legal costs on a full indemnity basis), action, proceeding, claim, damage, demand, liability or expense as a result of Your breach of these Terms and/or the other Documents under clause 2, Your use of the Reports, Online Store or warranties given by You. This indemnity continues after our working relationship with You ends.

15. Disputes

a. The Parties must use reasonable endeavours to resolve any dispute under these Terms by taking the following steps:
i. Party may serve notice on the other Party advising of a dispute (Notice);
ii. senior managers of the Parties must meet within seven days of receipt of the Notice to attempt to resolve the dispute;
iii. if the dispute remains unresolved after 10 days of receipt of the Notice, the CEO or equivalent of each Party will meet to resolve the dispute within 30 days of receipt of the Notice; and
iv. if the dispute still remains unresolved the Parties will resort to mediation or other alternative dispute resolution methods before they commence legal proceedings (except proceedings for interlocutory relief). Costs of any mediator or expert will be borne equally between the Parties.

16. Miscellaneous

a. Severance:
A provision of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining provisions or parts of the provisions of these Terms continue in force.
b. Jurisdiction:
i. The Online Store is governed by and construed in accordance with the laws of New South Wales, Australia. By using the Online Store, You irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales.
ii. The Online Store may be accessed and used overseas. We make no representation that the Online Store complies with any laws outside Australia. If You access the Online Store from outside Australia, You do so at Your own risk and are responsible for complying with the laws of the jurisdiction where You access the Online Store.
c. Waiver:
If either of the Parties waives any part of these Terms at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given.
d. Currency:
Unless specifically agreed otherwise between the Parties, all monetary amounts contained in these Terms are in Australian Dollars (AUD).
e. Force Majeure:
We will not be liable under or in connection with the Online Store (except in relation to an obligation to pay money) for any delay or non-performance caused by activities or factors beyond Our reasonable control, including but not limited to delays and non-performance caused by viruses, denial of service attacks, or other acts or omissions or service outages by third parties (including any internet service provider).
f. Assignment:
i. We may assign all of Our rights under these Terms without Your consent.
ii. You may assign all of Your rights under these Terms with Our consent.
g. Invalidity:
If any provision of these Terms is held invalid, unenforceable or illegal for any reason, it may be deleted or modified to the extent that is necessary and these Terms will otherwise remain in force.
h. Entire Agreement:
These Terms constitutes the entire agreement between You and Us.