Terms of Service

Introduction

Welcome to PropertyShares Pty Ltd’s website, available at www.propertyshares.com.au (Site). By using or browsing this Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site.

These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services). By using this Site, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to PropertyShares Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our Site.

In using our Site and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions. You must be over 18 years of age to use this Site and to use any of our Services. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.

These Terms and Conditions govern your use of our website located at www.propertyshares.com.au (Site) and form a binding contractual agreement between you, the user of the Site and us, PropertyShares Pty Ltd.

These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@propertyshares.com.au.

Amendment of terms

We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication of the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms and Conditions.

Information

The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use. Where possible we choose to perform all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth) and any regulations. You agree to use electronic means to form, or agree, or agree to, or bind you to, legal obligations. Therefore, where you indicate through electronic means your agreement to, or acceptance of, terms and conditions, offers and other documents, you will be taken to have agreed to, or signed them.

To access PropertyShares you must agree to receive notices, information and other disclosures in electronic form. You agree that any documentation We are required by law or otherwise to provide you with may be delivered to you electronically through the links on this website or any other means We choose to use. Paper documents may no longer be provided to you and you must regularly check your email, the website and your account for the documents. We suggest that all documentation be printed or stored electronically for future reference.

Eligibility

In order to be eligible to use PropertyShares services you must be eighteen (18) years of age or older and hold an Australian bank account. You must also be considered a wholesale/sophisticated investor who can submit an accountant’s certificate to verify that you:

  • Have earned a gross income of $250,000 AUD or more in the last 2 consecutive years
  • AND/OR — Own net assets of at least $2.5 million AUD

By using the Service or the Site, you represent and warrant that you eligible to do so.

Accounts

To access the full services of PropertyShares you must create an account using a unique email address and password. You must not share your username and password with any other person.

You are responsible for maintaining the confidentiality of your password and security information at all times. Please contact Us immediately if you believe someone has accessed your account.

Licence to use Site

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.

You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.

You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.

You must not use or add any content to the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that would bring us, or the Site, into disrepute; or
  • that infringes the intellectual property or other rights of any person;
  • that violates any law, statute, ordinance, or regulation;
  • that is false, inaccurate or misleading information.

The Site may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.

You acknowledge and agree that:

  • we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
  • the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

Limitation of Liability

By using our Site you agree and accept that PropertyShares Pty Ltd is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether from errors or from omissions in our content or information, any goods or services we may offer, or from any other use of the Site or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.

It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Links To Other Websites

PropertyShares Pty Ltd may from time to time provide, on its Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between PropertyShares Pty Ltd and the owners of those websites. PropertyShares Pty Ltd takes no responsibility for any of the content found on the linked websites.

PropertyShares Pty Ltd’s Site may contain information or advertisements provided by third parties for which PropertyShares Pty Ltd accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are not providing any advice nor do we take any responsibility for any advice received in this regard.

Privacy Policy

At PropertyShares Pty Ltd, we are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we treat your personal information. Please read our separate Privacy Policy carefully.

Disclaimer

To the fullest extent permitted by law, PropertyShares Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. PropertyShares Pty Ltd gives no warranty that our Site or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the Site or as to its correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of PropertyShares Pty Ltd to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure that you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.

No Advice

PropertyShares is a No Advice Service. We do not provide legal, financial, financial planning, tax, or investment advice or any form of advice regarding the suitability, or appropriateness of any of Our services or the return which may be received from using Our services. Our services do not take into account your personal financial situation or your personal investment objectives, strategies or needs.

Third Parties

PropertyShares Pty Ltd does not and will not sell or deal in personal or customer information. We may, however, use non identifiable information without any reference to your name or your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, the third party may use the information that you provide to improve its website and services but not for any other use.

Disclose Your Information

PropertyShares Pty Ltd may be required, in certain circumstances, to disclose information in good faith and where PropertyShares Pty Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

GST

If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of PropertyShares Pty Ltd. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, PropertyShares Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Restricting Access

PropertyShares Pty Ltd reserves the right to exclude and deny any person access to our Site and our Services, at any time in our sole discretion.

Intellectual property

This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Site for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Site.

PropertyShares Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our Site and we reserve the right to take action against you if you breach any of these terms.

Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Severability

If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.

Enforceability

If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.

Disputes

By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.

Entire Agreement

These Terms and Conditions make up the entire agreement between you and PropertyShares Pty Ltd and supersede any prior agreement, understanding or arrangement between you and PropertyShares Pty Ltd whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth, or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Jurisdiction

These Terms and Conditions and this Site are subject to the laws of Victoria and Australia. If there is a dispute between you and PropertyShares Pty Ltd that results in litigation then you must irrevocably submit to the jurisdiction of the courts of Victoria.

Contact Us

Please feel free to contact us at any time via our web form, in writing, by email or by telephone.

Level 9, 440 Collins St,
Melbourne, VIC 3000.
Telephone: (03) 9558 3170
Email: info@propertyshares.com.au