Terms of Service

Last updated: 24/09/2024

Welcome to GrowthProperty. GrowthProperty is a trading name of GROWTH PROPERTY SOFTWARE. These Terms of Service ("Terms") govern your use of our website, www.growthproperty.com.au ("Site"), and any services provided through our Site ("Services"). Please read these Terms carefully before using our Site or Services.

1. Acceptance of Terms

By accessing or using the Site or Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Site or Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

3. Services Description

GrowthProperty provides tools and information for property investment analysis and portfolio management, including but not limited to:

• Recording and managing residential property investments and principal place of residence (PPOR) details
• Financial tracking and analysis for individual properties and portfolios
• Generation of cash flow, equity position, ROI, and CoC charts
• Simulation feature for planning future property acquisitions and scenario analysis

These Services are provided for informational purposes only and do not constitute financial advice.

4. User Accounts

4.1. To access certain features of our Services, you are required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2. You are responsible for maintaining the confidentiality of your account and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

4.3. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

5. User Obligations

5.1. You agree to use the Services only for lawful purposes and in accordance with these Terms.

5.2. You are solely responsible for the accuracy of any information you input into our Services, including property details, financial information, and investment data.

5.3. You agree not to:

• Use the Services in any way that violates any applicable local, state, national, or international law or regulation
• Attempt to gain unauthorised access to any portion of the Services or any other systems or networks connected to the Services
• Use any automated means or interface not provided by us to access the Services or to extract data
• Use the Services to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature

6. Intellectual Property Rights

6.1. The Site and Services, including all content, features, and functionality, are owned by GrowthProperty, its licensors, or other providers and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.

7. User Content

7.1. Our Services allow you to input, upload, or store content ("User Content"), including property details, financial information, and simulation data. You retain all rights in, and are solely responsible for, the User Content you input, upload, or store in the Services.

7.2. By inputting, uploading, or storing User Content, you grant GrowthProperty a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving our Services.

8. Disclaimer of Warranties

8.1. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.

8.2. GrowthProperty does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any information or results obtained from the use of the Services will be accurate or reliable.

8.3. Any reliance you place on such information or results is strictly at your own risk. GrowthProperty is not a financial advisor, and the Services do not constitute financial advice. The charts, projections, and simulations provided by the Services are based on the information you input and should not be considered as guarantees of future performance or results.

9. Limitation of Liability

9.1. To the fullest extent permitted by applicable law, GrowthProperty shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorised access, use, or alteration of your transmissions or content
• Decisions made or actions taken based on the information, charts, or simulations provided by the Services

9.2. In no event shall GrowthProperty"s total liability to you for all claims relating to the Services exceed the amount paid by you, if any, to GrowthProperty for the Services over the 12 months immediately preceding the date of the most recent claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless GrowthProperty and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys" fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within New South Wales, Australia for the purpose of litigating all such claims or disputes.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13. Entire Agreement

These Terms, our Privacy Policy, and any additional terms, rules, or guidelines posted on the Site constitute the entire agreement between you and GrowthProperty and supersede all prior agreements and understandings, whether written or oral.

14. Contact Information

If you have any questions about these Terms, please contact us.