Terms & Conditions of Use - Master Services Contract

PAIG Technologies

Introduction

Thanks for using our products and services ("Services"). The Services are provided by PAIG Technologies, ABN 24 603 255 036, located at 100 Harris Street Pyrmont, NSW 2009.

By using our Services, you are agreeing to these terms of use. Please read them carefully.

If you do not agree to these Terms of Use and our Privacy Policy, you may not use our services.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Terms of Use - Master Services Contract for Hashtag Portal Subscribers

A. Privacy.

You consent to the PAIG Technology Privacy Policy, which explains how we collect, use and protect the personal information you provide to us, right to suspend or terminate the PAIG Technology Account of anyone who provides inaccurate, untrue or incomplete information or who fails to comply with the account registration requirements.

B. Paid Services

PAIG Technologies offers Services to be paid for on a recurring basis (“Subscription Services”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your written invoice or as otherwise agreed in writing (“Subscription Fee”).

B.1 Payment

Paid “Subscription Fees" may be paid by debit card or credit card via the ChargeBee service. If you link a debit or credit card to your account, you authorise us to collect Subscription Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Subscription Fees by deduction from your linked bank account.

Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on subscription renewal date until cancelled.

Cancellation

You may cancel a Subscription Service at any time from your ChargeBee Account. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.

Change of Fee

We reserve the right to change our Subscription Fee upon at least thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

Overdue Accounts

If payment for an account is overdue by 30 days, you will receive a "Final Notice of Overdue Account". Within 24 hrs of this notice, the service will be scheduled for suspension.

Account Suspension

We'll email you with instructions to restore full service. To restore full service provide a valid payment method for ChargeBee account. A service restoration fee of $250 +GST is payable before restoration is complete.

C. SALES AGENT - Non-Compete Agreement

If you sell property stock from the Hashtag Portal, you agree to respect the relationship Hashtag Portal has with our Builder and Developer network. Please do not contact our builders and developers (Hashtag Portal Property Supply Panel) directly to source and sell properties outside of the Hashtag Portal.

  1. NON-COMPETITION. For the entire duration of this agreement, and for 12 Months after the subscription service has been terminated for any reason, the Subscriber / Agent / Customer will not work as a partner, consultant, agent, owner or engage in any other capacity with a competing company or Hashtag Portal Property Supply Panel company. This means that subscriber/Agent must not approach, consult, work or sell for any of the exclusive Builder, Developer, Suppliers that are on our Property Supply Panel in New South Wales, Australia.
  2. The Subscriber acknowledges that they have been provided with the opportunity to negotiate this agreement, have had the opportunity to seek legal counsel before signing this agreement, and that the restrictions imposed are fair and necessary for the Company’s business interests. Finally, the Subscriber/ Agent agrees that these restrictions are reasonable and do not constitute a threat to their livelihood.

D. PROPERTY SUPPLY PANEL - Non-Compete Agreement

If you subscribe to supply stock for use in the Hashtag Portal, you agree to respect our relationship with Hashtag Portal Sales Agents and agree to pay sale commissions and fees as required.

  1. NON-COMPETITION, EXCLUSIVE SUPPLY OF NETWORK SALES AGENTS. For the entire duration of this agreement, and for 12 Months after the subscription service has been terminated for any reason, the Subscriber / Stock Supplier / BUILDER / DEVELOPER will not engage in any capacity with a PROPERTY SALES AGENT working within the Hashtag Portal Sales Agent Network. This means that Subscriber must not approach, consult, work or sell property directly via Hashtag Portal Agents, outside of the Hashtag Portal Marketing Agreement in New South Wales, Australia.

E. Service Acceptable Use

You must follow any policies made available to you within the Services.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

F. Disclaimer

OUR SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND WE, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE AND ITS CONTENT. WE MAKE NO WARRANTY THAT (A) OUR WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (B) OUR WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR ANY OF ITS CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY OF ITS CONTENT WILL MEET YOUR EXPECTATIONS.  ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF OUR WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. WE, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. You acknowledge and agree that we do not have any obligation to provide you with any support or maintenance in connection with our service.

G. Australian Consumer Law – Consumer Guarantees

Nothing in these Terms is intended to exclude, restrict or modify the rights which you may have under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”). If you are a Consumer, as defined in Section 3 of the Australian Consumer Law (“Consumer”), PAIG Technology acknowledges that the Consumer Guarantees in Division 1 of Part 3-2 of the Australian Consumer Law will apply to the supply of goods or services (or both) under these Terms. PAIG Technology's liability for breach of a Consumer Guarantee is governed by Section 18.

“Consumer Guarantee” means a guarantee provided to a Consumer applicable to goods or services supplied or to be supplied under these Terms by operation of the Australian Consumer Law, including any Express Warranty.

M. Australian Consumer Law – Limitation of Liability

“Consumer Guarantee” means a guarantee provided to a Consumer applicable to goods or services supplied or to be supplied under these Terms by operation of the Australian Consumer Law, including any Express Warranty.

N. Limitation of Liability & Damages

In no event shall PAIG Technology, our processors, service providers, suppliers, or licensors (or our or their respective subsidiaries, affiliates, agents, directors or employees) (collectively, the “Excluded Parties”) be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or for any damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use or unavailability of the Services, except to the extent arising from fraud, negligence or wilful misconduct of PAIG Technology or its directors or officers. In all cases, the Excluded Parties will not be liable for any loss or damage that is not reasonably foreseeable.

Under no circumstances will the Excluded Parties be responsible for any damage, loss, or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your PAIG Technology Account, or the information contained therein, except to the extent arising from fraud, negligence or wilful misconduct of PAIG Technology or its directors or officers.

In no event shall the Excluded Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of (i) the amount of fees earned by PAIG Technology in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability and (ii) $500.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Excluded Parties have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable Law.

O. Your content in our services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Front (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Front Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

In Addition:

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“share”) on or through our service your content that you have the right and authority to share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By sharing your content, you grant us a worldwide, perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute your content for any purpose and in any form, medium, or technology now known or later developed. You warrant that (a) you have the right and authority to grant this license; (b) our exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in your content have been waived to the full extent allowed by law.

You agree that you will neither use our service in a manner, nor share any content, that (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, trojan horses, or other components designed to limit or harm the functionality of a computer. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

We do not want to receive confidential information from you through or in connection with our service. Notwithstanding anything that you may state in connection with sharing your content, it shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you share, other than as specified in our Privacy Policy.

Each of our service users is solely responsible for any and all of its own content. Because we do not control content of the users of our service, you agree that we are not responsible for any content of our website users, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability or quality of any content of our website users. Your interactions with other website users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any of our website users, we are under no obligation to become involved in such dispute or to resolve such dispute.

P. Modification / Termination of Use

These Terms of Use will remain in full force and effect while you use our service.

We may suspend or terminate your rights to use our service (including your account) at any time for any reason at our sole discretion, including for any use of our service in violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your account and your right to access and use our service will terminate immediately. You understand that any termination of your account may involve deletion of your content associated with your account from our databases.

We will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your account or deletion of your content. All terms and conditions of these Terms of Use that by their nature are intended to survive any termination of these Terms of Use shall so survive.

Q. Links to other websites

Our service may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

R. Ownership & Rights

Excluding any of your content that you may provide, you acknowledge that all of the intellectual property and other proprietary rights in and to our service and the Content are owned by us and our licensors. Neither these Terms of Use (nor your access to our website) transfers to you or any third party any rights, title or interest in or to such intellectual property or other proprietary rights, except for the limited right to use our website as expressly set forth above. There are no implied licenses granted under these Terms of Use.

All rights, title and interest not expressly granted with respect to our service and its Content are reserved by us.

S. Copyright Policy

We respect the intellectual property rights of others and expect the users of our website to do the same. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (c) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

We reserve the right to remove or disable access to content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, we will also disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Our designated copyright agent for notice of alleged copyright infringement appearing on our Products is:

T. Entire Agreement

These Terms of Use constitute the entire agreement between you and us regarding the use of our website. Our failure to exercise or enforce any provision of these Terms of Use shall not operate as a waiver of such provision. If any provision of this Agreement is declared or found to be unenforceable, then such provision will be stricken or modified to the extent necessary to make it enforceable while preserving the parties’ original intent to the maximum extent possible. The remaining provisions of this Agreement will remain in full force and effect.  Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract or transfer in violation of the foregoing will be null and void. We may freely assign, subcontract or transfer these Terms of Use. The terms and conditions set forth in these Terms of Use shall be binding upon permitted assignees and successors.

U. Electronic Communication

The communications between you and us use electronic means, whether you use our website or send us emails, or whether we post notices on our website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

V. Contact

Please contact us at karan@paig.com.au if you have any comments or questions about these Terms of Use.