End User Agreement
Proprly (“Licensed Application”) is a piece of software created to bridge the gaps between apartment and home owners and their builder, and customised for iOS and Android mobile devices (“Devices”). It is used as an intuitive platform that makes owning a new apartment or home easier for owners by streamlining communications between the owner and builder, while providing real-time situational awareness of the state of a defect or issue to each user. Our platform addresses the various stages of the construction process and simplifies auditing, handover and warranty defect reporting after owners move into their new home or apartment.
The proprly.tech website, any software, mobile applications, products, devices, or other services offered by Proprly Pty Ltd and other services offered through third parties integrating Propedge functionality (collectively, “Offering” or “Offerings”), are made available by Proprly Pty Ltd., its subsidiaries, and/or affiliates (Proprly, its subsidiaries, and affiliates are collectively, “we”, “us”, “our”, or “Proprly“).
You may access and use the Offerings only under the following terms and conditions (“Terms”). If you are a user of a Paid Subscription with Proprly, termed “Paid Offering”, the Master Services Agreement of the Paid Offering will take precedence over any conflict with these Terms.
Eligibility
If you use Proprly or any other product of Proprly Pty Ltd you at least 18 years of age and have legal authority to engage with the Proprly Platform for the desired service or Offering.
Registration of Account
For Proprly to be able to provide you with access to the full level of service needed for the Offering you agree to provide accurate and complete Personal Information, truthful information and up-to-date information. As a registered user of our service you agree to maintain the confidentiality of your account credentials and of information that it gathered through your account. You are not permitted to transfer or assign access of your account to any other individual without Proprly’s written permission to do so.
Notification
You acknowledge that be registering an account with Proprly you will receive notifications and regular updates regarding services offered through the platform. You may also receive regular marketing communications regarding best practices and new product features. These updates will be sent to you through:
1. In-app notifications
2. SMS notifications to the registered contact number.
3. Notifications and Marketing to the email address you provided
You can opt-out of receiving marketing communications from Proprly at any time using the unsubscribe link within each email.
Licensing & Restrictions
As a user of Proprly, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the platforms Offerings per these Terms. Proprly may terminate the license to it’s product at any time for any reason. Certain Offerings require login information as described below. Notwithstanding the license in this section, certain Offerings require you to register to access and use certain of theOfferings’ features.
Limitations
Any unauthorized use of the Offerings is prohibited. You may not use the Offerings to:
1. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Offerings or any information obtained from the Offerings, either directly or through a third party.
2. Extract, decompile, reverse engineer, disassemble, or create derivative works from or competitive products of the Offerings.
3. Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account;
4. Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
5. Determine the Offerings’ architecture or extract data or information about usage, or individual identities of other users of the Offerings via use of any network monitoring or discovery software or otherwise. Override any security feature or bypass or circumvent any access controls or use limits of the Offerings;
6. Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code.
7. Transmit any false, misleading, fraudulent, or illegal communications, information, or data.
8. Phish, spoof, commit illegal or fraudulent activity, or violate applicable laws or regulations.
9. Use bots or other automated methods to access the Offerings, add or download contacts, or send or redirect messages;
10. Monitor the Offerings’ availability, performance, or functionality for any competitive purpose;
11. Damage, interfere, disable, or impair the operation of, or place an unreasonable load on, the Offerings (e.g., spam, denial of service attack, viruses, gaming algorithms); or
12. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
You acknowledge that Proprly have the right to monitor your access or use of the Offerings for the purpose of operating and improving the Offerings (including without limitation for security analysis, fraud prevention, risk assessment, troubleshooting and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.
Licensing your Content
Certain content uploaded by you to the Proprly application and Proprly Offering for the purpose of providing the service under the Offering will remain with Proprly. Public Content and Non-Public Content are collectively your “Content” that you own and have the right to provide (and share) and you grant Proprly the license set forth to use that content.
Limitation of Liability
To the fullest extent of the Law (and unless Proprly has entered into a separate written agreement that overrides these terms), Proprly will not be liable for any loss, injury, claim, liability, loss of data or damage of any kind (whether direct or indirectly) resulting from your use of the Offerings.
Indemnification
You agree to indemnify, defend, and hold Proprly PtyLtd, and its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to: (1)your access to or use of the Offerings, including your Content, (2) your violation of these Terms, (3) your breach of your representations and warranties provided under these Terms, (4) your products or services, or the marketing or provision thereof to end users, or (5) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Proprly Pty Ltd reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of Proprly Pty Ltd.
Governing Law
These terms are to be governed by the laws of the state of New South Wales, Australia.
Privacy
View our Privacy Policy located here: https://www.proprly.tech/privacy
Termination
You or Proprly may terminate these Terms at any with notice to the other. On termination, you lose the right to access or use the Offerings. The following will survive termination: Registration and YourAccount, License of your Content to Proprly, Limitation of Liability,Indemnification, Governing Law and the General sections of these Terms, and anyother terms that would naturally survive by their nature. Any amounts owed byeither party prior to termination remain owed after termination. Proprly willhave no liability or responsibility to any user related to or arising out ofany termination of access to the Offerings.
Changes to Terms
Proprly may, in its sole discretion, modify or revise these Terms, including without limitation Proprly's Privacy Notice and any referenced policies, at any time by posting the amended terms on the Offerings or otherwise linking to them in the Offerings.
Proprly additionally may either: (1) notify you via the contact information associated with your account if you have registered with the Offerings (you must ensure that Proprly’s email is not filtered from your Inbox by your ISP or email software), or (2) post the date of the update on the Terms, Privacy Notice, or other applicable policies. You agree that your use of the Offerings after the date on which the Terms changed will constitute your acceptance of the updated Terms, and that you agree to be bound by such modifications or revisions.
Contacting Us
If you have any concerns about this End User Agreement, want to ask any questions or would like to discuss anything to do with the Terms, please contact us using the details below and we will respond as soon as reasonably possible.
Proprly Pty Ltd
11 Egerton Street,
Silverwater NSW 2128
support@proprly.tech
