Platform Terms & Condition

Last updated: August 12, 2026, 4:45 pm

Welcome to Fliply. Fliply is operated by Wills Funding Pty Ltd ABN 50 667 788 409 trading as Fliply, an Australian business that operates a web-based property flipping feasibility, project management, funding opportunity visibility and document storage platform made available through our website and any related online portal we make available from time to time (Platform).

These terms and conditions (Terms) govern your access to and use of the Platform, including your account, subscription, feasibility calculator, property project tools, document storage features, reports, task management features, videos, walkthroughs, features and any other goods or services we provide to you through or in connection with the Platform (Subscription). Please read these Terms carefully before accessing or using the Platform or proceeding with your Subscription.

Your Subscription is for the subscription tier selected by you and agreed between us through the Platform or otherwise in writing (Subscription Tier). The features, inclusions, limits, fees and billing cycle for your Subscription Tier are set out on the Platform, in a schedule, or as otherwise communicated to you before you subscribe.

Please note that your Subscription will continue to renew, and you will continue to incur Subscription Fees, unless you cancel your Subscription in accordance with these Terms. Please ensure you use the cancellation process made available through your account if you want to cancel your Subscription.

The Platform is intended to assist users to organise property flipping projects, input property and project information, calculate indicative feasibility outcomes, manage renovation-related tasks. The Platform is not a substitute for your own enquiries, due diligence or professional advice. Any feasibility calculation, profitability estimate, report, figure, output, funding opportunity, Expression of Interest, project information or other information generated, published, shared or accessed through the Platform is indicative only and must not be relied on as financial, investment, tax, legal, building, property, valuation, credit, lending, fundraising or other professional advice.

1. READING AND ACCEPTING THESE TERMS

  1. In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions section at the end of these Terms.
  2. By clicking a checkbox or button indicating that you accept these Terms, creating an account, paying for your Subscription, accessing the Platform, using any part of the Platform, or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms. These Terms form a binding agreement between you, the person or entity acquiring or using the Subscription, and us.
  3. If you are accepting these Terms on behalf of a company, partnership, trust, sole trader, organisation or other entity, you warrant that you have authority to bind that entity. In that case, you and your refers to that entity, and you must ensure that each person who accesses the Platform through your account complies with these Terms.
  4. We may change these Terms from time to time by notifying you or publishing the updated Terms on the Platform. If a change materially affects your rights or obligations, we will take reasonable steps to give you notice before the change takes effect. Your continued use of the Platform after the updated Terms take effect will constitute acceptance of the updated Terms.
  5. You acknowledge that the Platform may generate indicative feasibility calculations, profitability estimates, reports, figures, outputs or other information based on information entered by you or obtained through third party sources. You must review and verify all inputs, figures, assumptions, calculations, reports and outputs before relying on them or making any property, investment, financial, renovation or other decision.

2ELIGIBILITY

  1. By accepting these Terms, you represent and warrant that:
  2. you have the legal capacity and authority to enter into a binding contract with us.
    1. you are at least 18 years old.
    2. you are authorised to use the payment method you provide in connection with your Subscription.
    3. if you are using the Platform on behalf of a company, trust, partnership, business, organisation or other entity, you are authorised to create, manage and use the account on behalf of that entity.
    4. all information you provide to us for account, billing, property, project, subscription or compliance purposes is accurate, complete, current and not misleading.
    5. you will only use the Platform for lawful property feasibility, project management, document storage, funding opportunity publication or review, investor introduction and related purposes permitted by these Terms.
    6. you will make your own enquiries and obtain your own financial, investment, tax, legal, building, property, valuation, credit, lending, fundraising and other professional advice before making any decision in connection with a property, project, funding opportunity, investment, loan or security arrangement.
    7. you will not rely solely on the Platform, any feasibility calculation, profitability estimate, report, figure, output or other information generated through the Platform when making any property, investment, financial, renovation or other decision.
  3. The Platform is intended for use by property investors and authorised users only. It is not intended for unsupervised use by any person under 18 years old.
  4. You must ensure that each person who accesses the Platform through your account is at least 18 years old, is authorised by you to use the Platform, and complies with these Terms.
  5. You must not access or use the Platform if you or any authorised user has previously been suspended or prohibited from using the Platform, unless we have given our prior written approval.

3. DURATION OF YOUR SUBSCRIPTION

  1. Your Subscription and these Terms commence on the date you agree to be bound by these Terms and continue for the Subscription Period and any Renewal Periods, unless terminated earlier in accordance with these Terms.
  2. Unless you cancel your Subscription in accordance with these Terms, your Subscription will automatically renew at the end of each Subscription Period for a further period equal to the expiring Subscription Period.
  3. You may cancel your Subscription at any time through the cancellation process made available in your account or through any other cancellation process we make available. Cancellation will stop the next renewal but will not, unless we agree otherwise or applicable law requires otherwise, cancel or refund the current paid Subscription Period.
  4. If you cancel your Subscription, your access to the paid features of the Platform will continue until the end of the current paid Subscription Period, unless your access is suspended or terminated earlier in accordance with these Terms.
  5. We may notify you before your Subscription renews, including by email, account notice or through the Platform.

4. THE PLATFORM

4.1 SCOPE OF YOUR SUBSCRIPTION AND THE PLATFORM

  1. We will provide you with access to the Platform to the extent described in your Subscription Tier.
  2. Your Subscription includes the features, inclusions, limits and benefits of your Subscription Tier as set out on the Platform, in a schedule, or as otherwise communicated to you before you subscribe.
  3. The Platform may include features that allow you to:
    1. create and manage an account.
    2. create and manage property flipping projects.
    3. enter property addresses and property information.
    4. access property information obtained through third party sources, including property data providers, where available.
    5. input purchase costs, holding costs, selling costs, renovation costs, project costs and other feasibility assumptions.
    6. use a feasibility calculator to generate indicative calculations, figures, reports and profitability estimates.
    7. compare projected figures against actual figures for a project.
    8. upload, store and manage documents, photos, videos, invoices, quotes, agreements, property information, renovation notes, budgets, tasks and other project materials.
    9. access document storage features where included in your Subscription Tier.
    10. create, manage and update renovation or project management tasks.
    11. access videos, walkthroughs, reports and other Platform content made available by us from time to time.
    12. access any other property feasibility, project management, document storage or related features we make available from time to time, where available.
  4. We may change, improve, suspend, remove or replace any Platform feature from time to time, provided that we will take reasonable steps to notify you if a change materially reduces the core features of your paid Subscription Tier.

4.2 ACCOUNTS

  1. (a) To use the Platform, you must create and maintain an account through the Platform.
  2. (b) As part of the account registration process and your continued use of the Platform, we may require you to provide information including:
    1. your first name, last name, email address, phone number and contact details.
    2. account login details and password.
    3. billing information and payment details.
    4. property addresses, property details, project details, feasibility inputs, budgets, costs, estimates, task information and other project information.
    5. documents, photos, videos, invoices, quotes, agreements, reports and other materials uploaded or created by you through the Platform.
    6. any other information reasonably required to provide, administer, monitor, secure or support your Subscription, account or use of the Platform.
  3. You warrant that all information you provide to us is accurate, complete, current and not misleading.
  4. You must promptly update your account, billing, property, project and feasibility information if it changes.
  5. Once you complete the account registration process, we may choose whether to accept you as a registered user and provide you with an account.
  6. You are responsible for all activity on your account, including activity by any person who accesses the Platform using your login details.
  7. You must ensure that each authorised user uses their own login details. Login sharing is prohibited.
  8. We may monitor account usage to detect and prevent login sharing, unauthorised access, misuse, scraping, platform abuse and circumvention of Subscription limits.

 

4.3 DISCLAIMER

You acknowledge and agree that:

  1. the Platform is a property feasibility, project management, funding opportunity visibility and document storage tool only.
  2. the Platform is designed to help you input, organise and calculate property flipping information, but it does not make investment decisions for you.
  3. any feasibility calculation, profitability estimate, report, figure, output, property information or other information generated through or in connection with the Platform is indicative only.
  4. we do not provide financial, investment, tax, legal, building, property, valuation, planning, finance, insurance, credit, lending, fundraising or other professional advice, and we are not a lender, broker, credit provider, financial adviser, investment adviser, securities dealer, managed investment scheme operator or fundraising intermediary.
  5. we do not recommend, endorse, approve or guarantee any property, project, user, investor, borrower, lender, renovation, investment, purchase, sale, funding, finance arrangement, insurance arrangement, contractor, strategy, return, interest rate, security, exit strategy, outcome or profit.
  6. we do not guarantee that any calculation, estimate, report, figure, output, property information, project information, funding opportunity, Expression of Interest or other information generated, published, shared or accessed through or in connection with the Platform will be accurate, complete, current, profitable, suitable for your circumstances or free from error.
  7. you are responsible for checking all figures, assumptions, calculations, estimates, reports, outputs and property information before relying on them.
  8. you are responsible for obtaining your own financial, investment, tax, legal, building, property, valuation, planning, finance, insurance, credit, lending, fundraising and other professional advice before making any decision in connection with a property, project, funding opportunity, investment, loan or security arrangement.
  9. you are responsible for complying with all laws, regulations, approval requirements, financial services laws, credit laws, fundraising laws, securities laws, managed investment scheme laws, privacy laws, consumer protection laws, finance requirements, insurance requirements, tax obligations, lending laws and other obligations that apply to your property, project, funding opportunity, investment, loan, security arrangement or use of the Platform.

4.4 PLATFORM ACCESS

  1. While your Subscription is maintained, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for the permitted purposes of your Subscription Tier.
  2. You must not sell, transfer, sublicense, share, resupply or make the Platform available to any person except your authorised users in accordance with these Terms.
  3. We may release updates, enhancements, modifications, improvements or new versions of the Platform from time to time.
  4. Updates, enhancements, modifications, improvements or new versions may cause downtime, delays or changes to the way the Platform operates.
  5. We may change any Platform feature from time to time, provided that we will take reasonable steps to notify you if a change materially reduces the core features of your paid Subscription Tier.

4.5 SUPPORT SERVICES

  1. We may provide reasonable support by email, phone, through the Platform or any other support channel we make available from time to time.
  2. Unless otherwise agreed in writing:
    1. we will take reasonable steps to provide support where reasonably necessary to resolve technical issues with the Platform.
    2. you must first take reasonable steps to resolve issues internally, including checking your own systems, devices, internet connection, user access and login details.
    3. we are not required to assist with issues outside our reasonable control.
    4. we are not required to provide property, investment, renovation, finance, tax, legal, building, valuation, credit, lending, fundraising, securities or other professional advice as part of support.
    5. we do not guarantee that support will be available at all times or provided within a particular timeframe.
    6. we do not guarantee that every issue can be resolved.
    7. you are responsible for all internal administration and managing access, including maintaining secure passwords and assisting authorised users to access and use the Platform.

5. DATA HOSTING

  1. We may store, host, process, transmit and back up Platform Data using third party hosting, infrastructure, security, communications, monitoring and support providers selected by us from time to time.
  2. The Platform may use cloud-based storage and hosting services, including Amazon Web Services or other providers selected by us from time to time.
  3. You acknowledge and agree that:
    1. we may use cloud-based hosting, infrastructure, security, content delivery, email, SMS, analytics, error monitoring, file storage, backup, payment, property data, document storage and support providers to provide and support the Platform.
    2. some providers may process Platform Data or personal information in Australia or overseas where reasonably required to provide the relevant service.
    3. we may update our third party providers and subprocessors from time to time.
    4. we will take reasonable steps to select appropriate providers and protect Platform Data, but we do not guarantee that the Platform, hosting services, Platform Data, project information, investor access controls or view-only access controls will be free from errors, defects, outages, unauthorised access, loss, corruption, delay or interruption.
    5. we are not responsible for any failure, outage, delay, loss, corruption, unauthorised access or security incident caused by a third party provider or event outside our reasonable control, except to the extent caused by our breach of these Terms or as required by law.
    6. you are responsible for keeping your own records and backups of property information, project information, uploaded documents, photos, videos, invoices, quotes, agreements, reports, calculations, task information and any other information you require for your property or project.
    7. Unless we agree otherwise in writing, documents and materials stored through the Platform may be deleted 3 months after the settlement date recorded for the relevant property project in the Platform or otherwise notified to us.

    (viii) you are responsible for downloading and saving copies of any documents and materials you want to keep before they are deleted from the Platform.

6. USER OBLIGATIONS

  1. You must provide us with all information, documents and assistance reasonably required for us to provide, administer, monitor, secure and support your Subscription, account and use of the Platform.
  2. You must not provide us with login details or passwords for any third party account unless we expressly request them and they are reasonably required for a Platform feature or support request.
  3. You warrant that all information, documents, materials, assumptions, figures, costs, estimates, property details, project details, and content you provide to us, upload to the Platform, or share with another user are complete, accurate, current, lawful and not misleading.
  4. You release us from liability for any loss or damage arising from or contributed to by information, documents, materials, assumptions, figures, costs, estimates, property details, project details or content provided by you being incomplete, inaccurate, outdated, unlawful or misleading, except to the extent caused by our breach of these Terms or as required by law.
  5. You must, and must ensure that your authorised users:
    1. comply with these Terms at all times.
    2. use the Platform only for lawful property feasibility, project management, document storage and related purposes.
    3. keep all account, billing, property, project, feasibility, cost, estimate, task and contact information accurate, complete and up to date.
    4. check all figures, assumptions, calculations, estimates, reports, outputs and property information before relying on them.
    5. make your own enquiries and obtain your own financial, investment, tax, legal, building, property, valuation, planning, finance, insurance and other professional advice before making any decision in connection with a property or project.
    6. comply with all laws, regulations, approval requirements, financial services laws, credit laws, fundraising laws, securities laws, managed investment scheme laws, privacy laws, consumer protection laws, property laws, tax laws, lending laws, finance requirements, insurance requirements and other obligations that apply to your property, project, funding opportunity, investment, loan, security arrangement or use of the Platform.
    7. ensure that you have all rights, licences, consents and permissions required to upload, store, use, publish, disclose and share any documents, photos, videos, invoices, quotes, agreements, reports, property information, project information, personal information, budgets, feasibility figures, renovation details, comparable sales, security information or other materials through the Platform.
    8. maintain the security and confidentiality of account login details and ensure each authorised user uses their own login details.
    9. immediately notify us of any unauthorised use of your account, password, email address, uploaded documents, property information, personal information or any actual or suspected security issue involving the Platform.
    10. You must not, and must not encourage or permit any authorised user, Personnel or third party to:
    11. use the Platform for any unlawful, fraudulent, misleading, deceptive, harmful or unauthorised purpose, including publishing or promoting any misleading, deceptive, unlawful, inappropriate or non-compliant funding opportunity.
    12. use the Platform in a way that may breach any law, regulation, approval requirement, finance requirement, insurance requirement, tax obligation, privacy law, consumer protection law or other obligation.
    13. provide, upload, store, publish or approve any document, image, video, invoice, quote, agreement, report, property information, project information, funding opportunity, Expression of Interest or other material that is false, misleading, deceptive, inaccurate, outdated, unlawful, defamatory, offensive, discriminatory, harmful, inappropriate or infringing.
    14. use the Platform or any Platform output as a substitute for financial, investment, tax, legal, building, property, valuation, planning, finance, insurance or other professional advice.
    15. rely solely on any feasibility calculation, profitability estimate, report, figure, output, property information or other information generated through or in connection with the Platform.
    16. represent that we recommend, endorse, approve or guarantee any property, project, user, investor, borrower, lender, renovation, investment, purchase, sale, funding, finance arrangement, insurance arrangement, contractor, strategy, interest rate, security, exit strategy, outcome, profit or return.
    17. upload, store or process personal information unless you have provided all required privacy notices and obtained all required consents, permissions and authorities.
    18. share your account, login details or password with any other person.
    19. access or use the Platform in excess of the limits of your Subscription Tier.
    20. copy, scrape, harvest, reproduce, translate, adapt, vary, modify, reverse engineer, decompile, derive source code from, resupply, sell, loan, transfer, sublicense or otherwise exploit the Platform, any part of it, or any project information accessed in view-only mode except to assess the relevant opportunity and discuss it with your professional advisers.
    21. use automated tools, bots, scripts, crawlers, scrapers or similar technologies to access, copy, monitor, extract or interfere with the Platform.
    22. attempt to circumvent any Subscription limit, technical protection measure, security feature, storage limit, access control or document deletion process.
    23. use the Platform to build, train, improve, benchmark or support a competing product, service, calculator, database, directory or platform.
    24. interfere with, disrupt, overload, damage or compromise the Platform or any system, network or data connected to it.
    25. upload or transmit viruses, malware, ransomware, malicious code or other harmful material.
    26. act in a way that may harm our reputation, goodwill, business, users, service providers or the Platform.
  6. You must contact us promptly if you become aware of misuse of your account, an error in your property or project information, an error in any Platform output, unauthorised access to uploaded documents or personal information, or any difficulty accessing or using your Subscription.
  7. We may suspend, restrict, pause or terminate your account, Subscription, document storage access, calculator access, project access, reports, task management features, or any other Platform feature if we reasonably consider that you or an authorised user has breached, or is likely to breach, this clause.
  8. 7. FEES AND PAYMENT

    7.1 SUBSCRIPTION FEES

    1. You must pay the Subscription Fees specified for your Subscription Tier on the Platform, in a schedule, or as otherwise agreed with us in writing.
    2. Your Subscription Tier may include a free tier, monthly paid tier, yearly paid tier or any other tier we make available from time to time.
    3. Subscription Fees must be paid in advance.
    4. Your billing cycle may be monthly, yearly or another billing cycle displayed on the Platform or agreed with us in writing.
    5. Unless otherwise agreed with us in writing, Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment due when you first subscribe to a paid Subscription Tier, and each later payment due at the beginning of each billing cycle.
    6. Subscription Fees are not refundable for change of mind, unused periods or any failure by you to use the Platform, except to the extent required by law or expressly stated in these Terms.

    7.2 AUTOMATIC RECURRING BILLING

    1. Your Subscription will continue to renew automatically unless you cancel it in accordance with these Terms.
    2. While your Subscription is maintained, we may debit your nominated payment method at the beginning of each billing cycle for the applicable Subscription Fees and any other fees you have agreed to pay.
    3. By signing up for a recurring Subscription, you acknowledge that your Subscription has an initial and recurring payment feature and that you are responsible for all recurring charges incurred before your cancellation takes effect.

    7.3 CANCELLATION AND CURRENT BILLING PERIOD

    1. You may cancel your Subscription at any time through the cancellation process made available in your account or through any other cancellation process we make available.
    2. Cancellation stops the next renewal.
    3. Unless we agree otherwise or applicable law requires otherwise, cancellation does not entitle you to a refund for the current paid billing period.
    4. If you cancel your Subscription, your access to paid features will continue until the end of the current paid billing period, unless your access is suspended or terminated earlier in accordance with these Terms.

    7.4 CHANGES TO SUBSCRIPTION FEES

    1. We may change the Subscription Fees from time to time.
    2. If a change to Subscription Fees applies to your existing Subscription, we will take reasonable steps to give you notice before the change takes effect.
    3. If you do not agree to the changed Subscription Fees, you may cancel your Subscription before the changed Subscription Fees take effect.
    4. If you do not cancel your Subscription before the changed Subscription Fees take effect, you will be taken to have accepted the changed Subscription Fees.

    7.5 FAILED PAYMENTS

    1. If a payment fails, we may retry the payment and notify you of the failed payment.
    2. If payment remains outstanding, we may suspend your account, restrict access to paid features, restrict document storage access, restrict calculator access, restrict project access, restrict reports, restrict task management features or take other reasonable action until payment is made.
    3. We are not required to extend access to paid features where Subscription Fees remain unpaid.

    7.6 GST

    (a) Unless otherwise indicated, Fees do not include GST.

    (b) If GST is payable in relation to a taxable supply, you must pay the GST in addition to the relevant Fees, subject to us providing a tax invoice.

    7.7 CARD SURCHARGES

    We may charge payment processing fees, card surcharges or other payment charges where permitted by law and disclosed to you before or at the time of payment.

    7.8 ONLINE PAYMENT PARTNER

    1. We use Stripe or another third party payment processor to process payments, invoices and stored payment details. We do not directly store full card details unless expressly stated otherwise.
    2. Payment processing may be subject to the payment processor’s own terms, conditions and privacy notices.
    3. You must provide accurate and authorised payment information.
    4. We may correct, or instruct our payment processor to correct, payment errors or processing mistakes.
    5. To the maximum extent permitted by law, we are not responsible for payment processor failures, outages, security incidents, processing delays or errors outside our reasonable control.

    8. USER MATERIALS

    1. By providing, uploading, submitting, creating, storing, publishing, sharing or approving any information, content, material, document, image, photo, video, invoice, quote, agreement, report, property information, project information, funding opportunity, Expression of Interest, renovation note, budget, task, feasibility input, cost estimate, assumption or other material in connection with the Platform (User Materials), you represent and warrant that:
      1. you are authorised to provide, upload, submit, create, store or approve the User Materials.
      2. the User Materials are accurate, complete, current, lawful and not misleading.
      3. the User Materials do not contain any false, misleading, deceptive, inaccurate, outdated, unlawful, defamatory, offensive, discriminatory, harmful, inappropriate or infringing material.
      4. the User Materials do not infringe any Intellectual Property Rights, privacy rights, confidentiality obligations or other rights of any person.
      5. the User Materials do not contain any virus, malware, ransomware, malicious code or other harmful material, and do not compromise the security or integrity of the Platform or any system, network or data connected to it.
      6. the User Materials comply with all applicable laws, regulations, approval requirements, finance requirements, insurance requirements, tax obligations, privacy laws, consumer protection laws and other obligations that apply to your property, project or use of the Platform.
      7. you have provided all required privacy notices and obtained all required consents, permissions and authorities to upload, store, use and disclose any personal information contained in the User Materials.
    2. You retain ownership of your User Materials.
    3. You grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, host, store, copy, display, reproduce, process, transmit, back up, analyse and otherwise deal with User Materials to the extent reasonably required to operate, provide, administer, secure, support, improve and develop the Platform and our services.
    4. You consent to us doing any act or omission in relation to User Materials that may otherwise infringe any moral rights you or your authorised users may have in the User Materials, to the extent permitted by law.
    5. You must ensure that your authorised users provide the same licence and consent in relation to any User Materials they provide.
    6. You indemnify us against all loss, damage, cost, expense, claim or liability arising from any third party claim that User Materials infringe any Intellectual Property Rights, privacy rights, confidentiality obligations or other rights of any person.
    7. We may review, screen, moderate, hide, reject, refuse, suspend, remove or delete User Materials, at any time where we reasonably consider that the User Materials or access:
      1. breach these Terms or any policy we make available.
      2. may be inaccurate, incomplete, outdated, unlawful, misleading, deceptive, defamatory, offensive, discriminatory, harmful, inappropriate or infringing.
      3. may breach any law, regulation, approval requirement, finance requirement, insurance requirement, tax obligation, privacy law, consumer protection law or other obligation.
      4. may create legal, regulatory, operational, privacy, confidentiality, security or reputational risk, or may be risky, inaccurate, non-compliant or harmful to us, users or third parties.
      5. are otherwise unsuitable for the Platform.
    8. You acknowledge that we do not guarantee that all User Materials will be reviewed, or that all unlawful, misleading, inaccurate, inappropriate or infringing material will be identified or removed.
    9. You are responsible for keeping and maintaining your own records and backups of User Materials.
    10. You are responsible for downloading and saving copies of any User Materials you want to keep before they are deleted from the Platform.
    11. If you become aware of any User Materials or other content on the Platform that infringes, or may infringe, the rights of any person, please contact us using the contact details or reporting process made available on the Platform.
    12. If you submit a complaint about User Materials or other content on the Platform, you warrant that the substance of the complaint is accurate and made in good faith.

    9. INTELLECTUAL PROPERTY AND DATA

    9.1 PLATFORM INTELLECTUAL PROPERTY

    1. We own or license all Intellectual Property Rights in the Platform and Platform Content.
    2. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform and Platform Content during your Subscription for the permitted purposes of your Subscription Tier.
    3. You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish, reverse engineer, decompile, scrape, harvest, resupply, sublicense or otherwise exploit the Platform or Platform Content without our prior written consent, except as expressly permitted by these Terms or by law.
    4. Nothing in these Terms transfers ownership of the Platform, Platform Content or our Intellectual Property Rights to you.

    9.2 USER MATERIALS

    1. You retain ownership of the documents, photos, videos, invoices, quotes, agreements, reports, property information, project information, renovation notes, budgets, tasks, feasibility inputs, cost estimates, assumptions and other materials you provide to us or upload to the Platform (User Materials).
    2. You grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, host, store, copy, display, reproduce, process, transmit, disclose to permitted users, back up, analyse and otherwise deal with User Materials to the extent reasonably required to operate, provide, administer, secure, support, improve and develop the Platform and our services, in accordance with access settings and these Terms.
    3. You warrant that:
      1. you own User Materials or have all rights, licences, consents and permissions required for us to use User Materials in accordance with these Terms.
      2. User Materials do not infringe any Intellectual Property Rights, privacy rights, confidentiality obligations or other rights of any person.
      3. User Materials comply with these Terms and all applicable laws, regulations, approval requirements, finance requirements, insurance requirements, tax obligations, privacy laws, consumer protection laws and other obligations that apply to your property, project or use of the Platform.
    4. You indemnify us against all loss, damage, cost, expense, claim or liability arising from any third party claim that User Materials infringe any Intellectual Property Rights, privacy rights, confidentiality obligations or other rights of any person, or that User Materials are unlawful, misleading, defamatory or in breach of any of your warranties under these Terms.

    9.3 PLATFORM DATA

    (a) You grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, host, store, copy, process, transmit, disclose and analyse Platform Data to the extent reasonably required to provide, operate, administer, secure, support, improve and develop the Platform and our services.

    (b) We may use Platform Data for internal business purposes, including analytics, product development, security monitoring, misuse detection, customer experience improvement, operational reporting and commercial insights.

    (c) We may use aggregated or de-identified Platform Data for analytics, benchmarking, product development, platform improvement, commercial reporting and other business purposes, provided that the data does not reasonably identify you or any other person.

    (d) We may remove, restrict, correct or delete Platform Data where we reasonably consider it necessary to comply with these Terms, applicable law, a request from you, a third party claim, a security requirement, a moderation decision, a document deletion process, or any operational requirement of the Platform.

    9.4 PERSONAL INFORMATION AND THIRD PARTY DATA

    1. You must only upload, store, disclose, process or otherwise handle personal information through the Platform in accordance with:
      1. these Terms.
      2. our Privacy Policy.
      3. any privacy notices, consents, permissions and authorities required by law.
      4. all applicable privacy, confidentiality, consumer protection and property-related obligations.
    2. You are responsible for ensuring that you have the right to upload, store, disclose, publish, share and process any personal information or third party information through the Platform, including information contained in documents, photos, videos, invoices, quotes, agreements, reports, property details, project details, funding opportunities, Expressions of Interest, money partner materials, security information, comparable sales and other materials.
    3. You must not upload, store, disclose or process personal information or third party information through the Platform if doing so would breach any law, contract, confidentiality obligation, privacy obligation or right of any person.
    4. You must promptly notify us if you become aware of any actual or suspected unauthorised access to, use of, disclosure of, loss of, or compromise to, personal information or third party information uploaded to or stored through the Platform.

    9.5 CALCULATIONS, REPORTS AND OUTPUTS

    1. You acknowledge that the Platform may generate feasibility calculations, profitability estimates, reports, figures, outputs or other information based on information entered by you, information uploaded by you, information generated through your use of the Platform, or information obtained through third party sources.
    2. You are responsible for checking all inputs, assumptions, costs, estimates, figures, property information, calculations, reports and outputs before relying on them.
    3. We do not guarantee that any feasibility calculation, profitability estimate, report, figure, output, property information, project information, funding opportunity, Expression of Interest or other information generated, published, shared or accessed through or in connection with the Platform will be accurate, complete, current, profitable, suitable for your circumstances or free from error.

    9.6 ANALYTICS AND AUTOMATED PROCESSING

    1. We may use automated systems, analytics tools and human review to assist with calculations, reporting, product improvement, misuse detection, security monitoring, error monitoring, support and Platform administration.
    2. Only the specific content or information reasonably required for the relevant function should be processed through the applicable tool, subject to our Privacy Policy and any applicable provider terms.
    3. We may record operational metadata about automated processing, including tool, status, timing, error, usage, cost and outcome information.
    4. We will not intentionally use personal information in a way that is inconsistent with our Privacy Policy.

    10. THIRD PARTY SOFTWARE AND terms

    10.1 THE PLATFORM

    1. The Platform may rely on, connect with or make available third party products, services, software, systems, platforms, APIs, tools or providers, including providers for hosting, cloud storage, payment processing, property data, maps, analytics, error monitoring, image and file storage, backups, communications, security, support, white-label access, partner access and other Platform features.
    2. Your use of certain Platform features may be subject to third party terms, conditions, policies or notices, including terms or notices made available by a white-label brand, education partner, referrer or branded group through which you access the Platform.
    3. Where we notify you that third party terms apply to a feature, you must comply with those third party terms when using that feature.
    4. You acknowledge that third party providers may change, suspend, discontinue, restrict or charge for their products, services, software, systems, platforms, APIs, tools or features from time to time.
    5. To the maximum extent permitted by law, we are not liable for any loss, damage, delay, error, outage, incompatibility, loss of data, loss of functionality, security incident or failure caused by a third party provider, third party system or third party terms outside our reasonable control.

    10.2 THIRD PARTY DATA AND INTEGRATIONS

    1. The Platform may allow us or you to access, import, display, connect, export, sync or transfer information from or to third party systems, including property data providers, payment processors, cloud storage providers, analytics providers, communications providers, mapping providers or other systems we make available from time to time.
    2. You acknowledge that the Platform may use third party property data, including data obtained through Domain or other property data providers, to pre-fill, display or support property information.
    3. Third party property data may be incomplete, inaccurate, delayed, unavailable, outdated or unsuitable for your circumstances.
    4. You are responsible for checking all property information, third party data, imported data, exported data, calculations, assumptions, estimates, reports and outputs before relying on them.
    5. You are responsible for ensuring that any third party system you connect to or use with the Platform is lawful, secure, appropriate for your purposes and used in accordance with all applicable laws, consents and third party terms.
    6. You acknowledge that issues can arise when data is accessed, uploaded, imported, exported, synced, transferred or integrated between different systems, and we do not guarantee that any access, import, export, sync, transfer or integration will be free from errors, defects, delay, interruption, corruption or loss.
    7. You must not connect or use any third party system with the Platform in a way that:
      1. breaches these Terms, applicable law, our Privacy Policy or any third party terms.
      2. compromises the security, integrity, availability or performance of the Platform.
      3. allows unauthorised access to, use of or disclosure of Platform Data, personal information, property information or User Materials.
      4. circumvents any Subscription limit, security feature, storage limit, access control or document deletion process.
      5. scrapes, extracts, copies, enriches, combines, profiles, sells, rents, discloses, misuses or unlawfully retains Platform Data, personal information, property information or User Materials.
    8. If you connect, export, sync or transfer information to a third party system, you are responsible for your own handling of that information once it is received by you or the third party system you control or use.
    9. We may require you to disconnect, change, remove or suspend any third party integration if we reasonably consider that it breaches these Terms, creates legal, privacy, security, operational or reputational risk, or may adversely affect the Platform.
    10. We may suspend your access to the Platform, or any relevant feature, until you disconnect, change, remove or suspend the relevant third party integration.

    11. CONFIDENTIALITY

    1. Except as contemplated by these Terms, a party must not, and must ensure that its Personnel do not, use or disclose the other party’s Confidential Information without the other party’s prior written consent, and any investor or other user given view-only access to project information must not copy, download, disclose, misuse, scrape, publish, distribute or exploit that information except to assess the relevant opportunity and discuss it with professional advisers who need to know it and are subject to confidentiality obligations.
    2. A party may use or disclose the other party’s Confidential Information:
      1. to the extent reasonably required to perform or receive the benefit of these Terms.
      2. to its Personnel, professional advisers, insurers, contractors and service providers who need to know the information and are subject to confidentiality obligations.
      3. to comply with law, a regulator request, a court order, a stock exchange requirement or another lawful compulsory process.
      4. if the information is already public other than because of a breach of these Terms.
    3. You must keep confidential and must not misuse any non-public information about the Platform, including our calculator logic, reports, templates, videos, walkthroughs, task management features, document storage processes, security processes, commercial arrangements, technical systems, business model, business plans, pricing, analytics, reports or other Platform operations.
    4. We must keep confidential and must not misuse any non-public information about your property, project, uploaded documents, personal information, feasibility inputs, cost estimates, assumptions, reports, tasks, funding opportunity, Expression of Interest, investor communications or other materials that you provide to us in connection with your Subscription, except as permitted by these Terms.
    5. Each party must promptly notify the other party if it becomes aware of any actual or suspected unauthorised access to, use of, disclosure of, loss of, or compromise to the other party’s Confidential Information.
    6. Each party must take reasonable steps to investigate and mitigate any actual or suspected breach of confidentiality affecting the other party’s Confidential Information and reasonably assist the other party in connection with that investigation.

    12. PRIVACY 

    1. We collect and handle personal information in accordance with our Privacy Policy, which is available on the Website, on the Platform, or otherwise made available by us.
    2. Our Privacy Policy contains information about how we collect, use, disclose, store and protect personal information, including how individuals may access or correct personal information or make a privacy complaint.
    3. You must comply with all applicable privacy laws in connection with your use of the Platform and any personal information you provide to us or upload, store, disclose or process through the Platform.
    4. You warrant that you have provided all required privacy notices and obtained all required consents, permissions and authorities for any personal information you provide, upload, disclose, publish, share, store or make available to us or another user through the Platform, including personal information contained in property documents, invoices, quotes, agreements, reports, photos, videos, project notes, funding opportunities, Expressions of Interest, investor access materials and money partner materials.
    5. You must only access, use, store, disclose, export, download or otherwise handle personal information obtained through or stored on the Platform in accordance with these Terms, our Privacy Policy, any applicable consent, any applicable deletion request and applicable law.
    6. You must promptly notify us if you become aware of any actual or suspected privacy breach involving personal information uploaded to, stored on, accessed through or obtained from the Platform.

    13. LIABILITY

    13.1 WARRANTIES AND LIMITATIONS

    1. We warrant that, during the Subscription Period:
      1. the Platform will be provided substantially in accordance with these Terms.
      2. we will use reasonable care and skill in providing the Platform.
      3. to our knowledge, your use of the Platform in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
      4. We will take reasonable steps to correct errors, bugs or defects in the Platform that are notified to us by you, unless the errors, bugs or defects:
      5. result from the interaction of the Platform with any hardware, software, system, service, integration or third party provider not approved by us.
      6. result from information, documents, figures, assumptions, estimates, property details, project details or other materials provided by you being incomplete, inaccurate, outdated or misleading.
      7. result from your misuse of the Platform.
      8. result from your breach of these Terms.
      9. result from your use of the Platform other than in accordance with any instructions, documentation or reasonable directions we provide.
      10. While we will take reasonable steps to provide and maintain the Platform, you acknowledge and agree that:
      11. the Platform may have errors, defects, outages, interruptions or delays.
      12. the Platform may not be accessible at all times.
      13. calculations, reports, profitability estimates, figures, outputs, project information, funding opportunities, Expressions of Interest and other information generated, published, shared or accessed through the Platform may be incomplete, inaccurate, outdated, delayed, unavailable, risky, unsuitable for your circumstances or affected by errors, bugs, defects, user inputs, third party data or other factors.
      14. property information obtained from third party sources, including property data providers, may be incomplete, inaccurate, outdated, delayed or unavailable.
      15. notifications, emails, reports, document uploads, document downloads, data imports, data exports, syncs and integrations may not be delivered, processed or completed promptly or at all.
      16. information you receive, provide, upload, access or store through the Platform, including any project information accessed in view-only mode, may not be secure, confidential, accurate, complete, current, verified or suitable for your circumstances.
      17. automated systems, analytics tools, calculators and reporting tools may not detect every issue and may produce errors.
      18. third party providers may suspend, restrict, discontinue, change or fail to provide their services.
    2. To the maximum extent permitted by law, all express or implied representations, warranties and guarantees not expressly stated in these Terms are excluded.
    3. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

    13.2 LIMITATION OF LIABILITY

    1. To the maximum extent permitted by law, our total liability to you arising out of or in connection with these Terms, the Platform, your Subscription or any related services is limited to the total Subscription Fees paid by you to us in the 6 months immediately preceding the event giving rise to the liability.
    2. The liability cap does not apply to liability that cannot lawfully be limited or excluded under the Australian Consumer Law or any other applicable law.
    3. To the maximum extent permitted by law, we are not liable for loss arising from:
      1. your property, project, renovation, purchase, sale, funding opportunity, Expression of Interest, finance arrangement, loan, investment, security arrangement, insurance arrangement, contractor, strategy, decision, profit, return or outcome.
      2. your reliance on the Platform, a feasibility calculation, profitability estimate, report, figure, output, property information or other information without checking all figures and making your own independent enquiries.
      3. your failure to obtain financial, investment, tax, legal, building, property, valuation, planning, finance, insurance, credit, lending, fundraising and other professional advice before making a decision.
      4. your inaccurate, incomplete, outdated, false or misleading account, billing, property, project, feasibility, cost, estimate, task or contact information.
      5. your uploaded documents, photos, videos, invoices, quotes, agreements, reports, property information, project information, funding opportunities, Expressions of Interest, investor communications or other User Materials.
      6. your breach of law, approval requirements, finance requirements, insurance requirements, tax obligations, privacy laws, consumer protection laws or other obligations that apply to your property, project or use of the Platform.
      7. your misuse of the Platform, Platform Data, personal information, third party information or User Materials.
      8. your failure to download, save or back up documents or materials before they are deleted from the Platform.
      9. failed, incomplete, delayed, outdated, unavailable or changed third party property data, property information, API data or other third party information.
      10. third party provider failures, outages, delays, security incidents, policy changes, API changes, rate limits, pricing changes or discontinued services outside our reasonable control.
      11. restricted document storage access, restricted calculator access, restricted project access, restricted investor access, restricted reports, restricted task management features, suspended features or terminated access where we act in accordance with these Terms.

    13.3 CONSEQUENTIAL LOSS

    1. To the maximum extent permitted by law, neither party will be liable to the other for any incidental, special, indirect or consequential loss, or for loss of profit, loss of revenue, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss of data, loss of documents, loss of property opportunity, loss of funding opportunity, loss of investment opportunity, loss of return or business interruption, arising out of or in connection with these Terms, the Platform, your Subscription or any related services.
    2. This clause does not limit liability for fraud, wilful misconduct, personal injury, death, damage to tangible property, or liability that cannot lawfully be excluded or limited.

    14. UPGRADES AND DOWNGRADES

    1. You may request to upgrade or downgrade your Subscription Tier through the Platform or by contacting us.
    2. If you upgrade your Subscription Tier, we may provide access to the upgraded features once we have accepted the request and payment has been processed or otherwise agreed.
    3. Unless we notify you otherwise, any increased Subscription Fees for an upgrade will apply from the time the upgraded features are made available, or from the next billing cycle, as displayed on the Platform or agreed with you.
    4. If you downgrade your Subscription Tier, the downgrade will usually take effect from the start of the next billing cycle unless we notify you otherwise.
    5. We generally do not provide pro-rata refunds or credits for downgrades during a current paid billing period, except to the extent required by law or expressly agreed by us.
    6. Downgrading your Subscription Tier may reduce or remove access to features, capacity, limits, document storage, property projects, reports, calculator features, actual-versus-projected tracking, task management features, uploaded documents, videos, walkthroughs, data exports or other Platform functionality.
    7. You are responsible for reviewing the features and limits of a downgraded Subscription Tier before requesting the downgrade.
    8. You are responsible for downloading and saving copies of any documents, reports or materials you want to keep before downgrading if those materials may no longer be available under the downgraded Subscription Tier.
    9. We are not liable for any loss of access, content, capacity, features, data, reports, documents, integrations or other benefits resulting from a downgrade requested by you, except to the extent caused by our breach of these Terms or as required by law.

    15. CANCELLATION

    15.1 CANCELLATION BY YOU

    1. You may cancel your Subscription at any time through the cancellation process made available in your account or through any other cancellation process we make available.
    2. Cancellation will stop the next renewal of your Subscription.
    3. Unless we agree otherwise or applicable law requires otherwise, cancellation does not entitle you to a refund for the current paid billing period.
    4. If you cancel your Subscription, your access to paid features will continue until the end of the current paid billing period, unless your access is suspended or terminated earlier in accordance with these Terms.

    15.2 CANCELLATION OR TERMINATION BY US

    1. We may cancel or terminate your Subscription by giving you reasonable notice.
    2. We may suspend, restrict, cancel or terminate your Subscription, account, document storage access, calculator access, project access, reports, task management features or any other Platform feature immediately by notice if:
      1. you breach these Terms.
      2. you fail to pay Fees when due.
      3. you provide false, misleading, incomplete, inaccurate or outdated account, billing, property, project, feasibility, cost, estimate, task or contact information.
      4. you upload, store or process information, documents, photos, videos, invoices, quotes, agreements, reports, property information, personal information or other materials in breach of these Terms or applicable law.
      5. we reasonably consider that your User Materials, property information, project information, funding opportunity, Expression of Interest, investor access, view-only access, conduct or use of the Platform may be unlawful, misleading, deceptive, inaccurate, inappropriate, infringing, privacy-infringing, confidential, risky, harmful or non-compliant.
      6. you misuse the Platform, Platform Data, personal information, third party information or User Materials.
      7. you repeatedly breach content, data, storage, privacy, security or Platform requirements.
      8. you engage in serious misconduct.
      9. you use, or attempt to use, the Platform to scrape, copy, reverse engineer, misuse or compete with the Platform.
      10. we reasonably consider that your continued access may create legal, regulatory, privacy, security, operational or reputational risk.
      11. we are required to do so by law, regulator request, court order or third party provider requirement.
    3. Where appropriate, we may give you an opportunity to fix the issue before cancellation or termination. However, we may act immediately where the issue is serious, urgent, repeated or exposes us or another person to risk.

    15.3 EFFECT OF CANCELLATION OR TERMINATION

    1. On cancellation, termination or expiry of your Subscription:
      1. your access to your account and paid features may end.
      2. your document storage access, calculator access, project access, reports, task management features, videos, walkthroughs and other paid features may end.
      3. you must stop using any Platform Content, Confidential Information or Platform feature except as permitted by law or these Terms.
      4. Fees already paid are not refundable except to the extent required by law, expressly agreed by us, or where we cancel or terminate your Subscription for convenience under clause 15.2(a), in which case we will provide a pro-rata refund for the unused portion of the current paid billing period.
      5. Fees accrued before cancellation or termination remain payable.
    2. We may retain, delete, de-identify or archive Platform Data after cancellation or termination in accordance with our Privacy Policy, our data retention practices, any document deletion process and applicable law.
    3. You are responsible for downloading and saving copies of any documents, reports, project information or other materials you want to keep before your access ends.
    4. Any clause that by its nature should survive cancellation, termination or expiry will continue to apply, including clauses dealing with User Materials, Platform Data, privacy, confidentiality, intellectual property, liability, indemnities, unpaid Fees, dispute resolution and general provisions.

    16. DISPUTE RESOLUTION

    1. A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with this clause.
    2. A party that requires resolution of a dispute under or in connection with these Terms must give the other party written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    3. Once a dispute notice has been given, each party must use reasonable efforts to resolve the dispute in good faith.
    4. If the dispute is not resolved within 14 days after the date of the dispute notice, or such other period as the parties agree in writing, either party may commence legal proceedings to resolve the dispute.
    5. Nothing in this clause prevents us from suspending, restricting, pausing, terminating or removing access to an account, Subscription, document storage, calculator access, project access, reports, task management features, User Materials or any other Platform feature in accordance with these Terms while a dispute is being considered.

    17. FORCE MAJEURE

    1. We will not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure arises from a Force Majeure Event.
    2. If a Force Majeure Event occurs, we will use reasonable efforts to notify you of:
      1. reasonable details of the Force Majeure Event.
      2. the likely extent to which we will be unable to perform, or delayed in performing, our affected obligations.
    3. Our affected obligations will be suspended during the Force Majeure Event to the extent they are affected by the Force Majeure Event.
    4. A Force Majeure Event means any event beyond our reasonable control, including:
      1. natural disaster, lightning strike, earthquake, storm, flood, landslide, explosion or fire.
      2. war, terrorism, sabotage, blockade, revolution, riot, insurrection or civil commotion.
      3. epidemic, pandemic or public health emergency.
      4. strike, industrial action or labour shortage outside our reasonable control.
      5. failure, outage, interruption or degradation of telecommunications networks, internet services, cloud services, hosting services, data centres, payment systems, property data providers, payment processors, APIs or third party provider systems.
      6. cyber incident, denial-of-service attack, malware, ransomware or other malicious interference not caused by our breach of these Terms.
      7. any law, regulator direction, government action, court order or decision of a government authority that affects our ability to perform our obligations.

    18. NOTICES

    1. A notice or other communication under these Terms must be in writing and in English.
    2. We may give notices to you by:
      1. emailing the email address associated with your account.
      2. posting a notice in your account or on the Platform.
      3. using any other contact method you have provided to us.
    3. You may give notices to us by using the contact details or support process made available on the Platform, and notices to a white-label brand, education partner, referrer or branded group will not be notice to us unless we expressly state otherwise.
    4. You must keep your account contact details up to date.
    5. Unless the sender knows or reasonably suspects that a notice was not delivered, a notice sent by email or through the Platform will be taken to be received 24 hours after it is sent, unless that time falls on a Saturday, Sunday or public holiday in Queensland, in which case the notice will be taken to be received on the next Business Day in Queensland.
    6. A notice will also be taken to be received when the recipient replies to it, if that happens earlier.

    19. GENERAL

    19.1 GOVERNING LAW AND JURISDICTION

    1. These Terms are governed by the laws of Queensland, Australia.
    2. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.
    3. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    19.2 WAIVER

    No party may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    19.3 SEVERANCE

    (a) Any term of these Terms which is wholly or partly void or unenforceable is severed to the extent that it is void or unenforceable.

    (b) The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

    19.4 JOINT AND SEVERAL LIABILITY

    An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    19.5 ASSIGNMENT

    1. You must not assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
    2. We may assign, novate or otherwise transfer any of our rights or obligations under these Terms as part of a business sale, restructure, merger, acquisition, corporate reorganisation or transfer of the Platform, provided that the transfer does not materially reduce your rights under these Terms.

    19.6 ENTIRE AGREEMENT

    These Terms, together with any Subscription Tier, schedule, pricing page, policy or document incorporated by reference, form the entire agreement between the parties about your Subscription and supersede any prior negotiation, conduct, arrangement, understanding or agreement, whether express or implied, about that subject matter, but do not govern any separate funding, loan, investment, security or other arrangement entered into between users outside the Platform.

    19.7 INTERPRETATION

    In these Terms, unless the context requires otherwise:

    (a)  words in the singular include the plural and vice versa.

    (b)  a reference to $ or dollars is to Australian currency.

    (c)  words indicating a gender include any other gender.

    (d)  if a word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning.

    (e)  a reference to a person includes an individual, company, corporation, authority, association, partnership, trust and any other legal entity.

    (f)  a reference to a party includes that party’s successors and permitted assigns.

    (g)  a reference to these Terms includes any schedule, policy or document incorporated by reference.

    (h)  a reference to a document includes that document as varied, replaced, novated or updated from time to time.

    (i)  headings are for convenience only and do not affect interpretation.

    (j)  includes and similar words are not words of limitation.

    (k)  no provision of these Terms will be interpreted adversely to a party merely because that party was responsible for preparing the provision.

    20. Definitions

    Term

    Definition

    Account

    means the account created by or for you to access and use the Platform.

    Australian Consumer Law

    means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

    Business Day

    means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia.

    Confidential Information

    means information of or provided by a party that is confidential by nature, is designated as confidential, or that the other party knows or ought reasonably to know is confidential, but does not include information that is or becomes public knowledge other than because of a breach of these Terms.

    Fees

    means Subscription Fees and any other fees or charges payable by you under these Terms or in connection with the Platform.

    Authorised User

    means any person authorised by you to access or use the Platform through your account, including your employees, contractors, representatives or other permitted users.

    Force Majeure Event

    has the meaning given in the Force Majeure clause.

    GST

    has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    Intellectual Property Rights

    means any and all present and future intellectual and industrial property rights throughout the world, whether registered or unregistered, including copyright, trade marks, designs, patents, moral rights, circuit layout rights, trade, business, company and domain names, inventions, know-how, confidential information, trade secrets and any rights to apply for, register, renew or protect those rights.

    Personnel

    means, in respect of a party, its officers, employees, contractors, subcontractors, agents and professional advisers.

    Platform

    means the web-based property flipping feasibility, project management and document storage platform operated by us, including the Website, Account portal, systems, tools, calculators, reports, document storage features, task management features, videos, walkthroughs, features and related services made available by us from time to time.

    Platform Content

    means all materials, content and information made available by or on behalf of us through or in connection with the Platform, including text, graphics, logos, designs, icons, images, audio, video, software, source code, object code, databases, calculators, reports, templates, walkthroughs, documentation and other platform materials.

    Platform Data

    means data, information, records, content, materials, analytics, logs, metadata and other information uploaded to, generated by, collected through, processed by or stored in connection with the Platform, including User Materials, property information, project information, feasibility inputs, cost estimates, assumptions, account information, usage information and operational data.

    Renewal Period

    means each renewal period for your Subscription that commences automatically at the end of a Subscription Period unless your Subscription is cancelled in accordance with these Terms.

    Subscription

    means your subscription to access and use the Platform, as described in these Terms and your Subscription Tier.

    Subscription Fees

    means the subscription fees payable by you for your Subscription Tier.

    Subscription Period

    means the billing period or subscription period applicable to your Subscription, as displayed on the Platform, set out in a schedule, or otherwise agreed with us in writing.

    Subscription Tier

    means the subscription tier, plan or package selected by you and agreed between us through the Platform or otherwise in writing.

    Terms

    means these platform terms and conditions.

    User Materials

    means any information, content, material, document, image, photo, video, invoice, quote, agreement, report, property information, project information, renovation note, budget, task, feasibility input, cost estimate, assumption or other material provided, uploaded, submitted, created, stored or approved by you or your authorised users in connection with the Platform.

    Website

    means the website operated by us in connection with the Platform.

    you or your

    means the person or entity acquiring the Subscription, and where applicable includes any company, trust, partnership, business, organisation or other entity on whose behalf the Subscription is acquired.

    we, us or our

    means WILLS FUNDING PTY LTD ABN 50 667 788 409.