About these Terms of Use

These Terms of Use govern your use of the Offer to Own Platform that is owned and operated by CCA Digital Pty Ltd (ABN 24 629 749 882), (CCA Digital) (“the Platform”). The Platform contains information and material from CCA Digital and its related body corporates, including Conveyancing.com.au Pty Ltd (ABN 68 160 922 387), Rapid Building Inspections Pty Ltd (ABN 75 614 843 131), Blue Intellectual Property Pty Ltd (ABN 75 614 320 295) and Rapid Building Inspections IP Pty Ltd (ABN 52 614 886 038), (collectively known as “we”, “us” and “our”). “You” or “your” means each person using or accessing the Platform.

By accessing, or using the Platform, including any services or products made available to you through the Platform, you agree with these Terms of Use and any additional terms, conditions, notices and disclaimers located on the Platform. If you do not agree to these Terms of Use, you must not access or use the Platform.

Privacy and personal information

We know your personal information is important to you, so it’s important to us. Our Privacy Collection Statement details how your information is used when you use the Platform. By using the Platform you are agreeing that your personal information will be managed in accordance with our Privacy Collection Statement

You must ensure that any information you provide to us (including any personal information) is accurate and complete and that any forms you complete and submit contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our Privacy Collection Statement on this website.

The Platform may enable you to “share” information with your friends and other contacts either by email or SMS text message. If you select the “share” function, you are responsible for ensuring the accuracy of your friend’s or other contact’s address or phone number.

Confidentiality

You agree to us sharing certain confidential information you provide to us with the seller or buyer of the property you are selling, are purchasing, or have expressed an interest in purchasing (Confidential Information). You also agree to us providing your Confidential Information with real estate agents, legal advisors and other professional advisors where such disclosure is necessary in order to provide you with the services offered by the Platform. Prior to disclosing any of your Confidential Information, we will ensure that the recipient is aware of their obligations to keep your information confidential and to only use it for the purposes of providing you with the services of the Platform or any purpose that you would reasonably expect the recipient of your Confidential Information to use your information in connection with the Platform.

Authentication

We may require you to go through an authentication process in order to use the Platform, including for the use of any services or products that are made available through the Platform, and reserve the right, in our absolute discretion, to deny you access to the Platform, or any services or products made available through the Platform, where we are not able to authenticate who you are.

Keeping your access secure

you are solely responsible for keeping secure any links, codes, devices and any other information or material that can be used to access the Platform in order to view information that we have made available to you or that provides you with access to parts of the Platform where you can communicate with third parties in any way. You must do all things reasonably necessary to ensure such information, material or devices are kept secure and not made available to anyone other than you. For example, you must ensure access to any device that can be used to obtain access to the Platform in order to view information that we make available to you is passcode protected and locked when not in use by you. Where another party obtains access to the Platform as a result of your failure to keep your access secure, you will be responsible for any loss or damage we may suffer as a result of such access.

Verify any requests to transfer money

it is your responsibility to verify the legitimacy and accuracy of any requests to transfer money that are made in connection with the Platform and we are not responsible for the legitimacy or the accuracy of such requests. If you receive a request to transfer money in connection with the Platform (including in connection with any properties listed on the Platform) we recommend you call the payee and verify the account details before you make a transfer of payment.

Expressions of interest

you agree that any offers submitted via the Platform at the expression of interest stage are expressions of interest only and, by their nature, are non-binding and subject to contract.

Use of the Platform to submit an offer

The option to use the Platform to submit an offer in relation to a property for sale is, among other things, subject to us having agreements in place with certain third parties. We do not guarantee that the Platform will allow you to make an offer in relation to all properties for sale in Australia.

Intellectual Property Rights

You must not use the Platform in a way that infringes the intellectual property rights of any person. The content and the intellectual property rights in all material displayed on or available through the Platform, including without limitation all names, logos, data, information, graphics, videos, software, technology or processes (“Materials”) are owned by, or licensed to, us. The Materials are available for your personal use only.

You must not use, copy, modify, alter, download, store, publish, transmit, broadcast, distribute, sell or transfer any Materials unless expressly provided for in these Terms of Use or with our prior written permission. Downloading Materials from the Platform does not transfer any right in or ownership of such Materials to you. Downloaded Materials must be used solely in accordance with these Terms of Use. You must not remove any copyright and other proprietary notices from the Materials.

You must have the rights to upload or provide any content or information onto the Platform and you confirm that you have the rights to provide us with a licence over such content in the manner set out above. In the event you upload any personal information of another person to the Platform, you also confirm that you have the appropriate permissions from that person to share their personal information with us.

Linked sites

Our Platform may provide links to or allow you to interact with other websites or apps which are owned or operated by third parties. Links to other websites or apps are provided for your convenience. We do not control these other websites and apps and we are not responsible for the content, accuracy of the information or functionality on these websites and apps. Unless expressly stated on our Platform, the provision of a link to an external website or app does not constitute an endorsement or approval of that website or app or any of the products or services or functionality on that website or app. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not be liable for any damages or injury arising from your access or use of such sites or apps. Any dispute between you and any third party will be between you and that other person or company and we are under no obligation to assist with resolving or otherwise being involved with the dispute.

By clicking on a link to a third-party website or app, you consent to our disclosure of your relevant personal information with our software provider and the operator of that website or app for the purposes of processing your request to link to the third party website or app. We will disclose such personal information in accordance with our Privacy Policy.

If you choose to leave our Platform via links to other websites or apps which are owned or operated by third parties, including advertisers, we are not responsible for the acts, omissions and privacy practices of those sites or apps. Before disclosing your personal information or using other websites or apps, we recommend that you examine the privacy policies as well as the terms and conditions of those websites or apps, as they may differ from these Terms of Use and our Privacy Policy.

What you cannot do when using the Platform

• violate any laws when accessing the Platform nor engage in any derogatory or unethical behaviour while using the Platform;
• use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Platform, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• use any robot, spider, scraper, data aggregation tool, deep-link, other automatic device, or manual process to monitor or copy any page associated with the Platform or the content contained therein, without the prior express consent of one of our authorised representatives. Such consent is deemed given for standard search engine technology employed by internet search web sites to direct internet users to our website;
• reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the Platform for any purpose, including (without limitation) to build a similar or competitive product or service, build a product or service using similar ideas, features or functions relating to the Platform or copy any ideas, features or functions of or relating to the Platform;
• sell, resell, license, sublicense, transfer or assign the content on the Platform in any way;
• introduce any virus, bomb, Trojan horse or other malicious software or code (including source and object code) to the Platform;
• gain unauthorised access to any part of the Platform, or to any of the services offered through the Platform, by hacking, password “mining” or any other illegitimate means;
• probe, scan or test the vulnerability of the Platform or any network connected to the Platform;
• breach the security or authentication measures on the Platform or any network connected to the Platform; or
• do anything that will interfere with the proper working of the Platform or otherwise degrade the performance of services made available on the Platform

If you breach any of the Terms of Use we may prevent you from using the Platform on a permanent or temporary basis. We may take other action also including but not limited to reporting you to the police or other law enforcement body, issuing a warning against you or taking legal action against you and pursuing you for any costs that we incur as a result of doing this.

Limitation of Liability and Disclaimer

These Terms of Use apply except to the extent of any inconsistency with any applicable law (including consumer protection laws such as the Australian Consumer Law), in which event such law will prevail to the extent of the inconsistency. If any part of the Terms of Use is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect. Nothing in these Terms of Use is intended to exclude, restrict or modify your rights including under consumer protection laws such as the Australian Consumer Law which cannot be excluded, restricted or modified.

To the fullest extent permitted by law, we make no representations or warranties as to the timeliness, availability, accuracy or completeness of any information held or contained, or any services or products we make available, on the Platform. Like any written materials, the information provided on the Platform may become out-date over time, and we are under no obligation to correct or update any content or information on the Platform.

We may make improvements and/or changes in content about the products or services described on the Platform at any time without notice and reserve the right to alter or delete content and information from the Platform at any time. We will not be liable to you for any losses or expenses of any kind that you may incur, or are likely to incur as a result of such changes to the Terms of Use.

To the fullest extent permitted by law, the Platform, including any services or products we make available on the Platform, are provided “as is” without any warranties of any kind, either express or implied. We do not guarantee that the Platform will be fault or virus free or that access to the Platform will be uninterrupted. We do not guarantee that any services or products made available on the Platform will be accurate, complete or error free or that those services or products will be fit for a particular purpose. To the fullest extent permitted by law, we, our affiliates and any party involved in creating, producing or delivering the Platform including any services or products made available on the Platform, will not be liable for your use of or reliance on the Platform under any circumstances, including negligence or misrepresentation (excluding fraudulent misrepresentation made by us). To the fullest extent permitted by law, we will not be liable for any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of the Platform, even if we are informed of the possibility of such damages.

In respect of any conditions, warranties and guarantees which cannot be excluded under statute, to the fullest extent permitted by law, our liability for a breach of such condition, warranty or guarantee is limited (at our option) to the replacement, repair or resupply of the relevant service.

You agree to defend and indemnify us, our directors, employees, contractors and affiliates in the event that your use of the Platform causes us any expenses, losses or results in legal action of any kind being taken against us.

Your feedback

Unless it relates directly to the submission of your Confidential Information, You agree that all communications you make to us regarding the Platform and all content on the Platform, including but not limited to feedback, questions, comments, suggestions and the like: (a) we will have no obligation to protect your communications from disclosure; (b) we will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Governing Law

Although this website is accessible worldwide, content is intended only for residents of Australia. To the extent permitted by law, these Terms of Use shall be governed and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms of Use, in your country of residence or any other appropriate country or jurisdiction.

Changes to Terms of Use

We reserve the right to change these Terms of Use at any time. When we make changes, we will publish the updated Terms of Use on the Platform and the changes will take effect immediately. Your continued use of the Platform will confirm your acceptance of the updated Terms of Use.