1 About these Terms
1.1 Your use of the App is subject to these Terms
(a) The App is a mobile device application that allows you to receive information about specific properties that you are interested in buying or selling.
(b) ITrack provides the App to you on these terms and conditions of use (Terms). Your use of the App is subject to you accepting these Terms.
(c) To use the App, you must be at least 18 years old. You must not use the App if you are less than 18 years old.
(d) You warrant to us that:
(1) you are an individual acting on your own behalf; and
(2) you have the authority to enter into, and be bound by, these Terms.
(e) By accessing or using the App, you accept and agree to these Terms in full, without any limitation or qualification. These Terms constitute a legally binding agreement between you and ITrack.
1.2 Changes to the Terms
(a) This version of these Terms is current from the date stated at the end of these Terms.
(b) We may change these Terms from time to time by bringing the changed Terms to your attention when you next use the App.
(c) If you do not agree with the changed Terms, you must immediately stop using the App. By you continuing to use the App, the changed Terms will apply from that point forward.
2 About the App
2.1 What the App is designed to do
The App is designed to:
(a) provide you with information from Real Estate Service Providers about properties you indicate an interest in; and
(b) facilitate contact between you and Real Estate Service Providers in relation to those (or other) properties.
The App is also designed to provide information to Real Estate Service Providers from sellers and prospective buyers of properties.
2.2 ITrack is not providing real estate services
(a) We do not guarantee that you will be contacted by any Real Estate Service Providers, even if you have indicated an interest in a property, or contacted them yourself. It is up to the Real Estate Service Providers to make contact with you and offer their services.
(b) We do not offer real estate services. Any real estate services or information that you receive through using the App are the responsibility of the Real Estate Service Provider who provided the service or information.
(c) We do not monitor the quality or provision of real estate services, or the conduct of Real Estate Service Providers.
2.3 Information you receive using the App
(a) We do not check the reliability, accuracy or completeness of the information you receive using the App, including information provided by Real Estate Service Providers. We do not accept responsibility arising in any way from errors or omissions.
(b) Information accessed using the App is of a general nature only, and is not a substitute for professional or investment advice. You should make your own enquiries, and obtain independent advice tailored to your specific circumstances, before making any decisions.
3 Using the App
3.1 Mobile device
(a) ITrack grants you a non-transferable licence to use the App on a compatible mobile device and in accordance with these Terms.
(b) It is your responsibility to ensure that you have a compatible mobile device, that you keep the operating system and security software updated, and that you download the correct version of the App for your mobile device.
3.2 Your responsibilities
(a) You are responsible for all of your activity on and in connection with the App (including Your Content, as set out below).
(b) You are responsible for what you access on the App, how you interpret or use the App and Your Content, and any actions you may take as a result of your use of the App.
(c) You must not use the App:
(1) to harm another person in any way; or
(2) for any unlawful purpose, or in breach of any applicable laws or regulations.
(d) You remain responsible for any breach of contract or infringement of any intellectual property or other rights of any third party in connection with Your Content or your use of the App.
3.3 Your Content
(a) You agree to take reasonable steps to:
(1) ensure Your Content is accurate, up-to-date and complete; and
(2) inform us if any of your personal information included in Your Content is not accurate, up-to-date or complete.
(b) You are solely responsible for Your Content, which includes:
(1) information from Your Profile;
(2) the information you record via the App – including:
- information about properties, and about sellers and buyers (and prospective buyers) of properties;
- information about Real Estate Service Providers; and
- communications with other users of the App; and
(3) any other information that you enter using the App.
(c) You represent and warrant to us that Your Content will not include any material that:
(1) infringes the rights of any person;
(2) includes an image or personal information of another person unless you have their consent, and you have informed them of our privacy practices;
(3) is misleading, deceptive, defamatory or materially incorrect;
(4) is obscene, intended to humiliate or insult, or likely to cause offence;
(5) directly or indirectly involves the advertising or marketing of any products or services; or
(6) is otherwise unlawful, encourages unlawful conduct, or is otherwise inappropriate having regard to the purpose of the App.
(d) You grant:
(1) us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display Your Content in any medium; and
(2) each user of the App a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of and display Your Content as permitted by us and these Terms.
(e) We may at any time, without liability to you, remove, alter or disable access to any or all of Your Content in our sole discretion, without prior notice to you.
3.4 App security
You must not:
(a) use the App for any purpose other than to receive or transmit information about properties in which you have a genuine interest;
(b) access the App using automated means;
(c) upload to, or transmit using, the App any viruses or other code or files designed to interrupt, limit or destroy the functionality of the App or any other software or hardware;
(d) bypass any measure we use to prevent or restrict access to the App, any part of the App or any other software, systems or networks connected to the App;
(e) distribute or make the App available over a network where it could be used by multiple devices at the same time;
(f) use the App to transmit (or authorise the transmission of) unsolicited messages, other than messages to Real Estate Service Providers in connection with properties;
(g) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the App;
(h) frame or mirror any part of the App, or delete any attributions or legal or proprietary notices on the App;
(i) copy, modify or create derivative works of any part of the App;
(j) rent, lease, lend, sell, transfer, redistribute, or sublicense the App;
(k) do anything that could disable, overburden or impair the proper working of the App, such as a denial of service attack;
(l) disclose to any person any information that you obtain from the App, or that you derive from information you obtain from the App; or
(m) let anyone else access the App using your device or your login details.
(a) We reserve the right to introduce a fee for your use of the App. If we decide to introduce such a fee, we will notify you about this, and allow you to either continue or terminate your use of the App.
(b) Real Estate Service Providers may charge you a fee for the provision of real estate services to you. Any such fees are to be agreed between you and the relevant Real Estate Service Provider.
5 Your privacy
5.1 Personal information about you
You agree that we may:
(a) collect personal information about you through your interactions with us and your use of the App, and collect information about you from third parties;
(b) collect personal information about you in order to:
(1) facilitate the advertising, auction, sale and purchase of real estate;
(2) provide services to you;
(3) connect Real Estate Service Providers and sellers and buyers (and prospective buyers) of properties;
(4) collate and generate market data about the sale and purchase of real estate;
(5) promote, market and sell products and services to you;
(6) communicate with you; and
(7) conduct customer surveys from time to time;
(c) disclose your personal information to Real Estate Service Providers, to others who do business with us and to our service providers, who may be located in Australia or overseas (for example, in the United States of America);
(d) use and disclose your personal information to provide, administer, improve and personalise our products and services (including the App), identify you, protect our lawful interests and deal with your concerns; and
(a) You agree to receive electronic messages, including messages of a commercial nature, via email, SMS or in-app notifications. These messages may be from us, our service providers or other users of the App.
(b) You can select not to receive in-app notifications by adjusting the settings on your mobile device operating system to turn off in-app notifications.
(c) You can select not to receive email or SMS messages from us by contacting us at the details listed at the end of these Terms.
(d) You agree that we may send you communications about the state and security of your account, even if you have turned off in-app notifications, or requested not to receive commercial electronic messages via email or SMS.
5.3 Direct marketing
(a) You agree that Real Estate Service Providers and others may use your personal information included in Your Content to send you electronic messages about services or products that they offer. We are not responsible for such messages or their content.
(b) To opt out of receiving messages from any particular Real Estate Service Provider or any other person, you will need to contact them directly.
5.4 Location tracking
(a) We may provide certain features or services through the App that use information about the location of your mobile device.
(b) We may collect and use your location data, including the real-time geographic location of your device, and disclose this information to others, including other users of the App.
(c) Your location information may be used by Real Estate Service Providers to provide you with information about properties in which you have indicated an interest. It may also be used by others to provide you with information about their products and services. We are not responsible for how Real Estate Service Providers or others use your location data.
(d) Information about the location of your mobile device may be collected, used and disclosed while you are using the App, and while the App is not in active use.
(e) You consent to our collection, use and disclosure of such location data.
6 Liability and limitations
6.1 Limitations of the App
(a) Faults. We will use reasonable care in providing the App to you. However, we cannot guarantee that the App will always be free from faults.
(b) Interruptions. Since electronic services are subject to interruption, breakdown and failure, access to the App is offered on an ‘as is’ and ‘as available’ basis only. We are not liable for any delay in using, or any inability to use, the App.
(c) Transmission. Your Content may be transmitted to servers in Australia or overseas. The transmission of information over networks is inherently not secure. We do not guarantee, and you should not expect, that Your Content, or other information on the App, will always remain private.
6.2 Limitation of our liability
(a) No warranties. We do not make any warranties about the App, the information you receive using the App or your use of the App or that information.
(b) No liability. To the extent permitted by law, we exclude all liability arising from or in connection with the App.
6.3 Your Consumer Rights
(a) Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). However, our liability to you for breach of Your Consumer Rights, or other rights, is limited to the maximum extent permitted by law.
(b) Where you suffer any loss in connection with the App, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the App, including any breach by you of these Terms.
7 Content of others
7.1 Content of other users
When using the App, you may be exposed to the content of other users of the App. You acknowledge and agree that we do not have a practice of monitoring or making inquiries about this content, and that we are not responsible for this content. You release ITrack from any claims that you could assert against us relating to or in connection with this content.
7.2 Third party content
The App may contain content provided to us by third parties. We do not have a practice of monitoring or making inquiries about any such third party content and make no representations either express or implied concerning such third party content. You rely on all third party content completely at your own risk.
8 Your use of Our Materials
(a) All rights in the App and the content on the App (excluding Your Content), including without limitation our trademarks and the copyright in the software and data comprising the App, are owned or licensed by us (Our Materials).
(b) You must not do anything with Our Materials that is not expressly authorised by these Terms.
(a) You may stop using the App at any time for any reason, without notice to us.
(b) We may terminate, disable, block or suspend your access to the App at any time, for any reason.
(c) All warranties and acknowledgements provided by you, all provisions relating to liability or intellectual property rights, and any other provisions which by their nature survive termination, will survive termination of these Terms.
10 Platform terms
If you have downloaded or accessed the App via an Apple service (including the App Store or the iTunes Store), or on an Apple iOS device:
(a) these Terms are an agreement between you and ITrack, and not with Apple. Apple is not responsible for the App or its contents;
(b) ITrack grants you the right to use the App only on an Apple iOS product that you own or control, and as permitted by the Usage set out in the App Store Terms of Service;
(c) Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App;
(d) Apple is not responsible for the investigation, defence, settlement or discharge of any third party intellectual property infringement claims;
(e) Apple is not responsible for addressing any claims by you or any third party relating to the App, or your possession or use of the App, including but not limited to:
(1) product liability claims;
(2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(3) any claim arising under consumer protection or similar legislation;
(f) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
(g) you represent and warrant that you are not:
(1) located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; or
(2) listed on any US government list of prohibited or restricted parties; and
(h) Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you.
If you have downloaded or accessed this App via a Google service (including Google Play), or on an Android device:
(a) Google is not responsible for providing support or maintenance in respect of the App, or for addressing any claims about the App;
(b) ITrack and third parties may collect and store various information relating to your Android device and your use of the App; and
(c) Google may collect, retain and use information about your use of the App and your Android device. You can find more information about how Google processes and uses your data on Google’s website (www.google.com).
11 Other terms
In addition to these Terms, your use of the App is subject to:
(c) any terms and conditions applicable to the platform via which you have downloaded the App (including any applicable terms at www.apple.com/legal and https://play.google.com/about/play-terms.html).
In the event of any inconsistency between these Terms and the terms set out above, these Terms will prevail to the extent of the inconsistency.
(a) Governing law. These Terms are governed by the laws of Western Australia, Australia. The courts of Western Australia, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
(b) Invalidity. If any provision of these Terms is invalid under the law of any jurisdiction, that provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
(c) Assignment. These Terms are personal to you and you may not assign or otherwise transfer any rights under these Terms without our prior written consent. We may assign or otherwise transfer our rights and obligations under these Terms without your consent.
(d) Variation. These Terms may only be changed by us. We will notify you of any changes in the manner described at the beginning of these Terms.
(e) No waiver. No delay or failure to act will be construed as a waiver of, or in any prejudice, any of our rights. No waiver will be effective unless it is in writing. A waiver of a breach will not waive any other breach.
App means the mobile device application named ‘iTrack Property’, and any modifications or upgrades provided by us that replace or supplement the original application.
including means including but not limited to (and include has a similar meaning).
ITrack, our, us or we means I Track Property Pty Ltd ACN 617 163 854.
Real Estate Service Provider includes real estate agents, real estate agencies and any other person who carries on the business of facilitating real estate transactions.
Terms means these terms and conditions of use.
you or your means any person who downloads or uses the App.
Your Content means any information, documents, images, audio or video files or other materials that you enter or upload using the App, or that is entered or uploaded using your login details.
Your Profile means personal information about you entered or uploaded via the App.
14 About us
The App is provided to you by I Track Property Pty Ltd ACN 617 163 854 .
You can contact us at firstname.lastname@example.org if you have any questions or complaints, or if you would like to opt out of receiving commercial electronic messages from us via email and SMS.
Version date: 24 October 2018