Website Terms

Posted on 24/06/2018

Introduction

  • This online service at https://cloudants.com.au (and any property maintenance quote/order functionality provided to property service providers in connection with http://cloudants.com.au and its products) (the Service) is provided by Cloud Ants Pty Ltd (ABN 55 626 571 042), which is a company registered in WA, Australia (Cloud Ants). In these Terms of Service (Terms), “us”, “we” and “our” refer to Cloud Ants and references to “you” or “your” is to you, the end user of the Service.

  • The Service is provided by Cloud Ants on behalf of its customers who are real estate agents (Agents). The Service makes it easier for you to submit information and interact with Agents in relation to property maintenances.

  • You may access the Service through a website or other medium which is not controlled by Cloud Ants (the Originating Website) and you must comply with the terms & conditions of that website as well as these Terms when using the Service.

  • The Service is provided subject to the conditions and limitations set out in these Terms. After accepting these Terms, your continuing use of the Service constitutes your ongoing agreement to these Terms of Service. If you do not agree with these Terms then you must not use the service.

  • All notices, enquiries, complaints can be communicated to Cloud Ants at info@cloudants.com.au.

Important privacy information

  • By using the Service you may submit personal information (as defined under the Privacy Act 1988 (Cth)) (Personal Information).

  • Any Personal Information collected through your use of the Service may be accessible by the Agent, the Originating Website and/or Cloud Ants (Authorised Recipients) so as to assist you, including in communicating with Agents in relation to property and to continue to provide the Service in the best manner to you and other users (Purpose). How we collect, use, disclose and handle your Personal Information is set out in our Privacy Policy.

  • By using the Service you, therefore:

    • Irrevocably authorise Cloud Ants to transmit the information you submit to the Service, including Personal Information, for the Purpose and in accordance with the Privacy Policy; and

    • Revocably authorise Authorised Recipients to communicate with you for with respect to the Purpose and in accordance with the Privacy Policy.

  • Although every precaution is taken, Cloud Ants cannot guarantee how the Agent or the Originating Website will use your Personal Information, and you release Cloud Ants from any liability for how your information is used by anyone that has been authorised to receive it.

License to use the service

Cloud Ants provides you with a one-time, revocable and non-exclusive license to use the Service for the Purpose on the condition that:

  • You agree to the Privacy Policy;

  • You only submit accurate information;

  • You only use the Service solely for the Purpose;

  • You comply with the terms & conditions of the Originating Website when using the Service;

  • You are over the age of 18;

  • You only use the Service for lawful purposes;

  • You do not engage in any improper, indecent or offensive behaviour while using the Service;

  • You are not breaking any local, state or federal law in your relevant jurisdiction (or the State that Cloud Ants is registered in) by the way you use this Service; and

  • You will not use any device, software or process to interfere or attempt to interfere with the functioning of the website.

We may change, update or amend these Terms at any time in our absolute discretion without notice. You should review these Terms periodically so that you are updated on any changes. If we do change these Terms, the terms in force at the time of each individual use of the Service will apply.

Function & availability

  • You agree that we are not liable for the Service:

    • Being unavailable;

    • Being incorrect;

    • Not functioning correctly;

    • Sending information incorrectly; and/or

    • Failing.

  • We make no warranties or guarantees, implied or express, as to the ongoing availability of the Service.

  • You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access this Service or parts of it.

  • We may change, update or otherwise amend the Service at our absolute discretion and without notice.

Content

  • In respect of any content that you upload through the Service or submit to us, you warrant that it is:

    • to the best of your knowledge, accurate;

    • compliant with these Terms and the Privacy Policy;

    • free of any computer virus, malicious code or any other items of a destructive nature;

    • not false, defamatory, misleading or otherwise deceptive in any way; and

    • not uploaded in breach of the intellectual property rights of any party.

  • You agree that you are liable for and indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranty in these Terms.

  • We make no warranties as to the accuracy of any content posted on the Service or on the Originating Website.

Intellectual property

  • Cloud Ants has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Cloud Ants.

  • The Service may use software and other proprietary systems and intellectual property for which Cloud Ants has appropriate authority to use, and you agree that such use is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that your use of the Service shall not infringe on any third-party rights through the use of the Service.

  • You agree and accept that the Service is the intellectual property of Cloud Ants and further warrant that by using the Service you will not:

    • Copy the Service for your personal or 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 Service or any documentation associated with it.

  • All content remains the intellectual property of Cloud Ants, including (without limitation) any source code, analytical and statistical information, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party with respect to the Service.

Third-party websites and advertising

  • The Service may contain information & advertising from third-party businesses, Originating Websites, people & other websites (Third-Parties). You consent to receive this information as part of your use of the Service.

  • We are not responsible for any information transmitted by Third-Parties or liable for any reliance you make upon the information or statements conveyed by Third-Parties (or in relation to your dealings with Third- Parties), nor are we responsible for the accuracy of any advertisements.

Limitation of liability and indemnity

  • You acknowledge and agree that you use the Service at your own risk.

  • As a consumer, there are certain rights (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition). This clause is subject to those Non Excludable Conditions.

  • You agree that all implied guarantees, conditions and warranties are excluded from these Terms, except any Non Excludable Conditions.

  • Subject to the application of any applicable Non Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with these Terms or the Services, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded.

  • Subject to the application of any Non Excludable Condition, we will not, under any circumstances, be liable to you for any Consequential Loss. Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

  • To the extent permitted by law, our liability for breach of any Non Excludable Condition is restricted to the re-supply of the Services or payment of the cost of re-supply of Services.

  • You agree that to the fullest extent available under the law, the limitation and indemnity clauses, to the extent that they are applicable, apply to any Originating Website that you use to access or use the Service.

Privacy

  • You agree that you will not do anything that shall compromise Cloud Ants’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Service is concerned.

  • You may opt-out from receiving communications through the Service or cookies or other measurement tools, however in doing so you acknowledge that you may lose functionality from the Service.

  • We may amend the Privacy Policy at any time in our sole discretion. You should review the Privacy Policy periodically so that you are updated on any changes.

Termination

Either party may end the agreement arising from these terms and conditions immediately for any reason by giving the other party written notice. Where this agreement has been terminated you must immediately cease using the Service.

Complaints and Disputes

  • We reserve the right to remove any content from the Service, restrict access or otherwise limit the Service in any way with respect to you or any other user.

  • If you have a complaint about the Service you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.

  • If you have a dispute with us or another user, Agent or Originating Website in connection with the Service, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible).

Notices

  • We will send you notices and other correspondence to the details that you submit to the Service, or that you notify us of from time-to-time. It is your responsibility to notify us of any updated contact details as they change.

  • Email notice from us to you is the effective notice under these Terms.

General

  • You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.

  • The relationship between us and you under any agreement arising from these Terms does not form a joint venture or partnership.

  • No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

  • Any agreement arising under these Terms will be governed by the laws of the state of WA. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction there.

  • Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.

  • Any agreement arising from these Terms is part of an e-commerce transaction and the parties agree that the agreement shall be accepted electronically and the agreement formed & validly entered into electronically in accordance with the Electronic Transactions Act 1999 (Cth).

  • The termination of any agreement arising from these Terms does not affect the parties’ rights in respect of periods before the termination of this agreement.