Terms of use
RealShortz
PROPERTI Tech Pty Ltd ABN 90 635 062 029
TERMS OF SERVICE
INTRODUCTION
The Company provides the “RealShortz” digital platform for recording and sharing videos. Use of the Platform is subject to these Terms of Service.
DEFINITIONS
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
ABN means Australian Business Number.
Account means a registered account with the Platform.
Administrator means the User authorized to administer the Account.
Authorized User means any user of the Platform authorized access to the Platform under the User’s Account.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Brisbane, Australia.
Company means Properti Tech Pty Ltd ABN 90 635 062 029.
Confidential Information means any written or verbal information that:
- Is about each party’s business or affairs;
- Is about the conduct of each party under these Terms of Service, during the term of these Terms of Service;
- A party informs the other party that it considers it confidential and/or proprietary;
- A party would reasonably consider to be confidential in the circumstances; and
- Is personal information within the meaning of the Privacy Act.
but does not include information that a party can establish:
- Was in the public domain at the time it was given to that party;
- Became part of the public domain, without that party’s involvement in any way, after being given to the party;
- Was in party’s possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
- Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
Fee means a Fee charged by the Company for access and use of the Platform.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, such as the App Store.
Platform means the “RealShortz” digital video platform owned and operated by the Company, accessible from a Mobile Application Marketplace from time-to-time.
Privacy Act means the Privacy Act 1989 (Cth).
Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at the Site.
Site means the Company’s website accessible at https://www.realshortz.com/ and any other URL the Company may adopt from time-to-time.
Subscription Fee means a Fee charged by the Company for use of the Platform on a periodical basis, as notified to the User from time-to-time.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Terms of Service means the terms and conditions of using the Platform, as updated from time-to-time, which can be found at the Site.
Third Party Service means an independent product or service provided by third party service provider that may be connected and used with the Platform.
Third Party Service Terms means the standard user terms of service for access to and use of a Third Party Service.
User means any registered user of the Platform.
User Data means any information, documents or other data that is uploaded into, or created using, the Platform by the User, or that otherwise forms part of the User’s Intellectual Property but excludes any derivative data (such as analytics).
Video means a video recorded on the User’s mobile device via the Platform.
AGREEMENT
- The licence granted under these Terms of Service shall be ongoing until terminated in accordance with these Terms of Service.
- The User agrees that all use of the Platform is subject to these Terms of Service and must immediately cease to use the Platform if the User can no longer agree or adhere to these Terms of Service.
- The Company may suspend an Account or restrict the access of any User that breaches these Terms of Service.
USING THE PLATFORM
Account
- To use the Platform, the User must have set up an Account.
- The User must provide accurate and complete information when setting up an Account and, if necessary, update their Account to ensure that such information is maintained as current for the duration of these Terms of Service.
- The Company may permit or deny the User an Account in its absolute discretion (although the User may generally obtain an Account by registering with the Platform and accepting these Terms of Service).
Authorized Users
- The User may add Authorised Users, subject to any limitations imposed on their Account.
- Authorized Users are managed by the Administrator, including adding or removing access of any Authorised User.
- The User agrees that it is responsible for the conduct of each Authorised User it authorises, who each must create an Account and agree to and comply with these Terms of Service.
- To avoid doubt, the Company has no liability to the User for any Authorised User that:
- Accesses any User Data via the Platform;
- Imports or exports any User Data to or from the Platform; and/or
- Shares any User Data or Confidential Information contained therein.
Features
- The Company shall provide the User with access to and use of the features as agreed between the parties and provided within the Platform from time-to-time.
Videos
- The primary purpose of the Platform is to record, edit and share Videos.
- The User accepts that access to their mobile device’s camera is required to record a Video and they must ensure that any necessary permissions are enabled to do so.
The User is exclusively responsible for each Video that it creates or shares, especially the content filmed therein. - The User will have access to certain editing features as made available within the Platform, such as adding text labels or background music, and has complete discretion on editing for Videos.
- Unless otherwise agreed, there is no limit on the number of Videos that may be created and shared under an Account.
- The User shall be responsible for determining in what manner Videos are shared via the Platform, such as by which social media channels and to what audiences.
- The User may delete Videos under their Account at any time.
Fees, payments and refunds
Free Trial
- The Company may offer the User a free trial to use the Platform from time-to-time (provided the User has not used the Platform previously).
- Where a free trial is made available to the User, the terms of such will be as notified to the User and may have certain limitations imposed.
- For clarity, not all features of the Platform may be subject to Fees, and it is possible for the User to use the Platform after the expiry of the free trial without incurring Fees, unless notified otherwise by the Company.
Subscription Fees
- The Subscription Fees will only be charged where the User has an active subscription plan.
- The Subscription Fee shall be payable in advance for the subscription period elected by the User.
- The User agrees to make payment in advance for the Subscription Fee due at such frequency, or on such dates, as the
- User has subscribed for.
- The User must provide a valid credit card which will be charged in advance for any Subscription
- Fees on an ongoing basis.
- Subscription Fees will automatically renew on an ongoing basis and be charged to the User at the end of the subscription period for an additional period equal in length on the same terms, unless and until validly terminated by the User.
Currency
- All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).
GST
- For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
GST
- For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
Disputed Tax Invoice
- It shall be the User’s responsibility to check the Tax Invoice to confirm the Fees charged are accurate.
- Should the User dispute any charge on a Tax Invoice, the User must notify the Company of the disputed item within 5 Business Days of the date of the Tax Invoice.
- Failure by the User to notify the Company of a disputed Tax Invoice within 5 Business Days shall be deemed acceptance by the User of the entire Tax Invoice.
Refunds
- No refunds of Fees are offered other than as required by law or as agreed at the absolute discretion of the Company.
Variation to Fees
- The Company may vary or introduce new Fees by giving the User 28 days written notice, and the User must agree to the new Fees to continue using the Platform, subject to any active subscription period in which case the new Fees will only apply after the end of current billing cycle.
- If the User does not accept a change to any Fees, then it can simply terminate the Account and stop using the Platform.
Late Payment
- If the User does not pay the Fees as required, the Company may suspend all User access to the Platform for that Account. This may, in time, result in termination of access to the Platform for all Authorised Users linked to a User’s Account.
- The User agrees that the Company shall not be liable in any way for any valid termination or suspension of the User’s access to the Platform.
USER DATA
- The Company accepts no liability for the content of User Data and the User is responsible for the accuracy, quality and legality of any content uploaded to the Platform and/or shared via the Platform.
- The User is liable for any intentionally or recklessly erroneous, corrupted, or false data uploaded to the Platform and indemnifies the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with that data.
- The User grants the Company an immediate, worldwide, royalty-free license to use and incorporate the User Data within the Platform, for the purposes of providing the Platform to the User, for the duration of these Terms of Service.
- The User warrants that it has all necessary Intellectual Property rights to use User Data and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property rights by using and/or sharing User Data on the Platform.
- The Company shall not access, use, modify or otherwise deal with User Data except where required by compulsion of law or upon the User’s authority (such as to provide support for the Platform).
- The Company may suspend accessibility to User Data that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
- The Company may delete User Data from its systems on termination of these Terms of Service and it is the User’s responsibility to ensure they have backed up outside of the Platform any User Data prior to termination and/or cancellation of their Account.
General conditions
License
- By accepting these Terms of Service, the User is granted a limited, non-exclusive, and revocable licence to access and use the Platform for the duration of these Terms of Service, in accordance with these Terms of Service.
- The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
- The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the User.
Modification of Terms
- The terms of these Terms of Service may be updated by the Company from time-to-time.
- Where the Company modifies the terms of these Terms of Service, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using the Platform.
- The modified terms shall come into effect the next time the User accesses the Platform following notice of the updated Terms of Service.
- If the User does not accept any changes to the terms of these Terms of Service, the User may terminate these Terms of Service and must immediately cease using the Platform.
Modification of Terms
- The User agrees and accepts that the Platform is:
- Hosted by the Company and shall only be installed, accessed, and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
- Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to the Platform is available to the User unless expressly agreed in writing.
- As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.
Support
- The Company shall provide reasonable support services in the manner agreed between the User and the Company from time-to-time.
- The User should notify the Company of any difficulties or problems they may experience with the Platform as soon as practicable.
- The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.
Use & Availability
- The User agrees that it shall only use the Platform for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
- The User is solely responsible for the security of its username and password for access to the Platform. The User shall notify the Company as soon as it becomes aware of any unauthorised access to its Account.
- The User agrees that the Company shall provide access to the Platform to the best of its abilities, however:
- Access to the Platform may be prevented by issues outside of its control; and
- It accepts no responsibility for ongoing access to the Platform.
Dependency on Third Party Services
- The Platform may connect with certain Third Party Services.
- The User agrees that:
- Access to the Platform, or certain features of the Platform, may be unavailable if a Third Party Service becomes unavailable, and that the User may lose functionality or User Data that is shared with the Third Party Service;
- Access to certain features or functions of the Platform may be unavailable unless certain access or permission levels are granted in respect of the connection between the Platform and a Third Party;
- The connection between the Company and the Third Party Service may be disconnected at any time outside of the control of the Company;
- The Company has no fixed contractual relationship with any Third Party Service and cannot guarantee the efficacy or availability of any Third Party Service connection; and
- The Company shall not be liable for any interruptions to a Third Party Service and any loss or damage suffered by the User as a result of such.
Privacy
- The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other individuals.
- The Privacy Policy does not apply to how the User handles personal information. If necessary, under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
- The Platform may use cookies (a small electronic file) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
- The Company may use User Data and other information collected via the Platform for research, developmental, statistical and analytical purposes, subject to and in accordance with the Privacy Policy with respect to personal information.
Data
- Security. The Company takes the security of the Platform and the privacy of Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
- Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
Intellectual Property
- Trade marks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
- Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Platform.
- The Platform. The User agrees and accepts that the Platform is the Intellectual Property of the Company and the User further warrants that by using the Platform the User will not:
- Copy the Platform or the services that it provides for the User’s own commercial purposes; and
- Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
- Content. All content (excluding User Data) submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Platform.
- Reservation. Nothing in this Agreement shall grant the User, any right, title or interest in any of the Intellectual Property of the Company, including and especially the Platform.
Third Party Dependencies
- The User agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
Confidentiality
- The Company agrees to keep all other User Data in the strictest confidence, and to the extent User Data is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
- Each party acknowledges and agrees that:
the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser); - it owes an obligation of confidence to the Discloser concerning the Confidential Information;
it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service; - all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
- any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
- A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
- any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
- any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
- any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
- The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
- any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
- any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
Liability & Indemnity
- The User agrees that it uses the Platform at its own risk.
- The Company makes no representation that the User will achieve particular results or benefits from using the Platform.
- The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
- The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Platform, including any breach by the User of these Terms.
- In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.
Termination
- Either party may terminate these Terms of Service by giving the other party no less than 30 days written notice unless the User holds no active subscription in which case termination may occur by immediate written notice at any time (or simply deleting their Account).
- Either party may terminate these Terms of Service for cause by giving the other party immediate written notice where:
- The other party has been notified in writing of a breach and has not remedied that breach within 5 Business Days;
- The other party commits a breach which is incapable of remedy; and/or
The other party repetitiously, wilfully, or recklessly commits a breach. - Access to the Platform shall cease at the end of the User’s billing cycle active at the expiry of the notice period (where applicable), unless agreed otherwise by the parties.
- Where termination does not occur prior to the expiry of an active subscription billing period (where applicable), the User agrees to the automatic successive renewal for the same duration and on the same terms, and to be charged the Subscription Fee accordingly.
- Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
Dispute Resolution
- If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- Includes or is accompanied by full and detailed particulars of the Dispute; and
- Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
- Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
- Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
- Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
- Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
Electronic Communication, Amendment & Assignment
- The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
- The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service.
- The Company will notify the User of a change of details from time-to-time.
- The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
- A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- Notices must be sent to the parties’ most recent known contact details.
- The User may not assign or otherwise create an interest in these Terms of Service.
- The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.
General
- Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
- Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with, the terms of any Special Conditions made under these Terms of Service, the terms of the Special Conditions shall prevail.
- Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
- Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.
- Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
- Governing Law. These Terms of Service is governed by the laws of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
- Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.