This Licence Agreement ('Agreement') sets out the terms and conditions under which PROPERTY HUB GROUP PTY LIMITED (ACN 619 969 130) trading as ("Property Hub") is willing to license the APP and the Software (as defined below) to you as an individual or an authorised representative of an entity (collectively 'you' or 'your' or 'Customer').
You accept this Agreement by (1) selecting or clicking a box indicating acceptance, such as an "I accept" button below or on the Website; (2) executing an Order Form that refers to this Agreement. Upon such acceptance of the Agreement, these terms and conditions will form a binding legal contract between you and Property Hub.
You must accept this Agreement before you download the APP and licence the Software. If you are an individual, you must be at least 18 years old and must have attained the age of majority in the state, province or country where you live. If you are licensing the Software on behalf of an entity, you represent that you are fully authorised to represent that entity and to accept this Agreement on its behalf. Property Hub relies on your representation to form a binding legal contract with that entity.
By licensing or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree with any of the terms in this Agreement or otherwise do not wish to accept the terms of this Agreement, do not licence or use Software.
SalesForce is a not a party to this Agreement. Customer agrees that it is downloading the APP from the SalesForce Website and licensing the Software subject to the terms of this Agreement.
DEFINITIONS
Unless the context indicates otherwise
- APP
- means the Property Hub application combining the Software and supplied by the Provider on the Website.
- Australian Consumer Law
- means schedule 2 of the Competition and Consumer Act 2010 and any equivalent state or territory legislation.
- Authorised User
- means the Customer's Personnel permitted to use the Services identified in an Order Form by email address.
- Business Day
- means a day on which banks are open for business in Sydney, Australia excluding a Saturday, Sunday or public holiday in that city.
- Contract End Date
- means the final day of the minimum Licence subscription period set out Order Form.
- Contract Start Date
- means the day that the Customer accepts the Agreement or downloads the APP to the Customer Network, whichever occurs first.
- Confidential Information
- means any and all information in whatever form accessed by Customer by means of the APP and/or the Software, any information designated by Property Hub as confidential or proprietary and includes the commercial prices charged for any office space and any information about the subject matter of this Agreement.
- Consumer
- has the meaning given in the Australian Consumer Law.
- Consumer Guarantee
- means a right or guarantee under Part 3-2 (Division 1) of the Australian Consumer Law that cannot lawfully be excluded.
- Customer Content
- means content generated, created, made or otherwise brought about as a result of Customer using the APP, Software and/or the Services.
- Customer Network
- means the operating network and computing environment of the Customer including all hardware, software, information technology, telecommunications services and systems. The Customer Network may include the operating platform and software services of the Provider.
- Default Rate
- means the rate for the time being prescribed pursuant to the Civil Procedures Act 2005 (NSW), calculated on a daily basis from the date on which the Fee or other payment is due until it is paid..
- Fee
- means the sum paid or required to be paid by Customer for licensing the Software, as set out on the Website or agreed in an Order Form.
- Force Majeure Event
- shall include acts of God, strikes, walkouts, riots, acts of war, epidemics, import embargos, failure of suppliers to perform, power failures, earthquakes or other disasters and any event or acts beyond the reasonable control of a party.
- GDPR
- means the means European Union General Data Protection Regulation 2016/679.
- Government Agency
- means any government or governmental, administrative, monetary, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world and includes any self-regulatory organization established under statute or any stock exchange.
- GST
- means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time (GST Act) or any replacement or other relevant legislation and regulations, and words used which have particular meaning in the "GST law" (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning where the context requires.
LICENCE
Subject to the terms of this Agreement, Property Hub grants Customer a non-exclusive, non-transferable (except as otherwise permitted by this Agreement), revocable subscription licence to download and use the APP on the Customer Network (Licence).
The Licence is a subscription licence for the Term. Subject to clause 18, the Licence will automatically renew at the end of the Initial Term for successive periods of one (1) year unless the Customer notifies Property Hub in writing at least 90 days before the end of the Initial Term or the then current Term.
Customer may make one copy of the APP (and the Software) in machine-readable form for backup purposes only, provided that the backup copy includes all copyright or other proprietary notices contained on the original.
SERVICES
For the duration of the Licence the Customer may use the APP and is entitled to access and use the Support Services.
The Customer acknowledges that:
- the Provider controls the Website and the availability of the APP;
- the Provider may impose conditions on Customer when it uses the Website;
- the Provider may impose conditions on Property Hub when it uses the Website;
- the Services are supplied on a non-exclusive basis;
- the Services may use and rely on third party information, products and services;
- it must maintain the Customer Network and ensure that it is compatible with the APP and Software at all times;
- it is responsible for all Authorised Users and will not permit any other person to use the APP (or the Software); and
- it uses the APP and the Services at its own risk.
Property Hub reserves the right to continually alter and update the APP (and the Software) during the Term. Any such alteration or update shall be governed by the terms and conditions of this Agreement.
