Property Logbook Terms and Conditions of Use
1. About the Application
Welcome to Property Logbook (referred to hence forth as “PLB”). PLB provides a data management service for home owners and renters as well as providing users with a “property health score”. With PLB, users can log and store critical information about their property and see how it influences the calculated score (the “Services”).
PLB is operated by R&D Media Pty Ltd (ABN: 57 115 116 320). The web application provides access to and use of PLB or any of its associated Products or services. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the PLB web application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of PLB or any of the Services immediately.
PLB reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PLB updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PLB in the user interface.
3. Registration
In order to access the Services, you must register for an account through the application (the “Account”).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including email address, preferred username, and password. Alternatively, users can sign up with a Google login.
You warrant that any information you give to PLB in the course of completing the registration process will always be accurate, correct and up to date.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
- You will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
- Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PLB of any unauthorised use of your password or email address or any breach of security of which you have become aware.
- Access and use of the application is limited, non-transferable and allows for the sole use of the application by you for the purposes of PLB providing the Services.
- You will not use the Services or the application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of PLB.
- You will not use the Services or application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the application.
- You acknowledge and agree that any automated use of the application or its Services is prohibited.
5. Copyright and Intellectual Property
The application, the Services and all of the related products of PLB are subject to copyright. The material on the application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the application are owned or controlled for these purposes and are reserved by PLB or its contributors.
PLB retains all rights, title and interest in and to the application and all related Services. Nothing you do on or in relation to the application will transfer any business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright to you.
6. Privacy
PLB takes your privacy seriously and any information provided through your use of the application and/or Services are subject to PLB's Privacy Policy.
7. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and PLB will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the application and the Services is at your own risk. Everything on the application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind.
8. Limitation of liability
PLB's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
9. Termination of Contract
The Terms will continue to apply until terminated by either you or by PLB. If you want to terminate the Terms, you may do so by closing your account.
PLB may at any time terminate the Terms with you if you have breached any provision of the Terms or intend to breach any provision, PLB is required to do so by law, or the provision of the Services to you by PLB is no longer commercially viable.
10. Indemnity
You agree to indemnify PLB, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred, suffered or arising out of or in connection with your content, any direct or indirect consequences of you accessing, using or transacting on the application, and/or any breach of the Terms.
11. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party claiming a dispute must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute. The parties must endeavour in good faith to resolve the dispute expeditiously by negotiation or mediation.
12. Venue and Jurisdiction
The Services offered by PLB are intended to be viewed by residents of Australia. In the event of any dispute, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
13. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles.
14. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.