Terms of use

These Terms of Use govern your use of the websites, platforms and mobile apps that are owned or operated by us (“our Platforms”). The words ‘us’, ‘we’ and ‘our’ mean ConvX Holdings Pty Ltd and our subsidiaries and our related bodies corporate. By accessing and/or using our Platforms and related services, you agree to these Terms of Use (Terms of Use), which include our Privacy Policy (available at settleeasy.com.au/privacy). You should review our Terms of Use and our Privacy Policy carefully and immediately cease using our services if you do not agree to them.

1. Registration

You will need to register to use our Platforms and related services.

You acknowledge that we may, in our absolute discretion, approve, deny or suspend registration of your account as we deem appropriate.

In registering or using our Platforms, you agree that you must:

• provide us with accurate, complete and up-to-date information about yourself;
• create a password consistent with our security requirements and keep all password and log in details confidential and secure;
• undertake any verification process that we deem necessary to confirm your identity; and
• take responsibility for all activities, communications and decisions that occur under your account.

When you register we will send you a confirmation email to activate your account and set your password. You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under your username.

You acknowledge that, as the account holder, you control the level of access and privileges that apply to any of our Platforms for which you have registered an account.

You acknowledge that you are liable and responsible for all activities and use by an account user of your account and we are not liable for any claim made by you or any other person in relation to use of your account by another user.

2. Unauthorised Account Use

You must notify us immediately if you suspect that the security of a Platform or service has been compromised or if you are aware that the Platform is being used in an unauthorised manner.

We will not be liable for any loss, damage, liability, claim or expense that arises as a result of unauthorised use of your account, whether with or without your authorisation or knowledge.

You are liable for and must indemnify us for any loss, damage, liability, claim or expense incurred by us as a result of unauthorised use of your account, where such use occurred as a result of any breach of these Terms of Use by you.

You acknowledge that, in the event of unauthorised access, we may deal with your account as we deem necessary (including suspending the account) until we have completed our verification checks.

3. Data Collection Notice

We collect personal information about you in order to provide you with conveyancing and related services and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at privacy@settleeasy.com.au. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information privacy@settleeasy.com.au. as described in the Privacy Policy and these Terms of Use.

4. Accuracy, completeness and timeliness of information

The information on our Platforms is not exhaustive. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Platforms, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Platforms.You should monitor any changes to the information contained on the Platforms.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Platforms or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Platforms is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Platforms (including the Terms of Use) or the information, products or services described in it. However, we do not undertake to keep the Platforms updated. We are not liable to you or anyone else if errors occur in the information on the Platforms or if that information is not up-to-date.

5. Linked sites

Our Platforms may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

6. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and our Platforms and in all of the material (including all text, graphics, logos, audio and software) made available on this website or our Platforms (Content).

Your use of our Platforms and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our Platforms or the Content.

However, we do grant you a licence to access this website and view the Content on the terms and conditions set out in these Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website, our Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, our Platform or the Content or any part of it is prohibited, except to the extent permitted by law.

7. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website or our Platforms.

You may not use this website or our Platform, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

8. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Platforms, including but not limited to:

any act that would constitute a breach of the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;

using this website to defame or libel us, our employees or other individuals;

uploading files that contain viruses or injected code that may cause damage to our property or the property of other individuals;

posting or transmitting to this website or Platforms any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our Platforms, we have the right to take down this information at our sole discretion and without notice.

You agree that you will not:

use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Platforms, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

use any robot, spider, other automatic device, or manual process to monitor or copy our web pages, Platforms or the content contained therein, without the prior express consent of one of our authorised representative; or

reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the website or our Platforms.

9. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our Platforms or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our Platforms will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, our Platforms, any Content, or any feature at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, our Platforms and/or the information or materials contained on it, or as a result of the inaccessibility and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

In Australia, our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms of use purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian consumer law or the competition and consumer regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

11. Jurisdiction and governing law

Your use of the Platforms and these Terms of Use are governed by the laws of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.