Strataspot Pty Ltd (ABN: 61 162 744 872) of Suite 12, 849 South Dowling Street, Waterloo, New South Wales operates this website located at http://www.strataspot.com.au/ as a community site for Strataspot.
In this agreement:
- this development is referred to as the Building
- this website is referred to as the Site
- Strataspot Pty Ltd is referred to as we, our, us
- you, as the user, are referred to as you and your
- the body, made up of all the owners in the strata scheme or owners of the Building, is referred to as the Owners Corporation.
This Site is designed to aid your enjoyment of the Building and the unit you own or occupy.
When you click the “I agree” button you signify your acceptance of the offer we make to you on these terms and conditions for you to open a user account with us in order to access and use the Site.
We may retain any information you provide to the Site for as long as we determine necessary or desirable. The information forms an important historical record of events relating to the Building and we are required to maintain some of the information. However, we have no obligation to store or maintain or provide you a copy of any information that you provide to the Site.
The information you provide may be seen by other people depending on the level of access granted to the user and depending upon the reason why the user elects to enter content (either for social networking reasons or strata scheme management in accordance with the Strata Schemes Management Act 1996).
The Site is configured to allow various levels of access. The extent of the access you will have as a user after opening a user account will depend on your status with respect to the Building. For example an owner or occupier of a unit in the Building will see information relevant to the unit they own or occupy whereas a strata manager (if one is appointed by the Owners Corporation) will be able to see information relating to all units in the Building. All user account holders will have access to the social networking functions of the Site.
You promise us that the information you provide is true, accurate and complete. Decisions may be made which are based on the information you provide.
You must keep the information which you give us in relation to yourself up-to-date.
You should not provide information that is confidential, that breaches any law or rights (for example: copyright) or which you are otherwise restricted from providing.
When you provide or share information on the Site for social networking reasons, remember that others can see and use that information or may be affected by the information. Your attention is drawn to the later section “Activities Not Allowed” which describes activities not permitted in respect of the Site and which include restrictions on written or graphic material that can be posted to the Site.
You grant a licence to us to use the information you provide to us over the Site in any way we deem necessary or desirable without compensation being paid to you.
Establishing a User Account
By submitting an application to access and use the Site, you promise us that you are over the age of 18 years.
As part of the registration process you will be asked to create a username and password which will enable you to activate your account and access the Site following verification by the Owners Corporation.
You must keep your password safe and not share it with anyone else. You will be responsible for all costs that are incurred through the use of your password with or without your knowledge. You are entirely responsible for all activities that occur under your user account at the Site. If you forget your password, you can reset a new password.
You must not permit others to use your user account. You must not use any other user’s user account.
We respect your privacy.
Use of Site
We grant to you the non-exclusive, non-transferrable, revocable licence to use the Site through any generally available web browser or mobile device to view the content and information published on the Site and to make use of any services made available through the Site as we intend from time to time.
You must use the Site only for the purposes for which it is made available to you. You must comply with any further rules we publish from time to time on the Site.
You cannot use any of the services available through the Site in competition with us.
We do not moderate discussions occurring through the Site. You are solely responsible for your interactions with other users through open access areas of the Site. However, if a complaint is made about the conduct of any user, we will investigate the complaint and reserve the right to suspend, restrict or terminate access to the Site by a user if their conduct in using the Site is contrary to these terms and conditions or any further rules published on the Site.
We will serve notices on you through the Site and through your email address so it is important you log-in to your user account and/or your email account periodically to see if you have received any notices. We will also send you notices and other information about the Building and your unit from the Owners Corporation. You will not receive paper based communications from us. If the Owners Corporation or its managing agent is required by law to deliver or post any notice or other information to you they will continue to do so.
Availability of Site
We do not guarantee that provision of the Site will continue indefinitely. We do not guarantee that any or all of the services provided through the Site will continue indefinitely. We do not guarantee that the Site will function without interruption or errors in functioning.
We may update and improve or otherwise modify the Site from time to time. Your right is to access the Site is as it exists at any given time.
We may remove any content with or without notice if we deem the content to be contrary to these terms and conditions or contrary to any law.
We strive to provide accurate, complete and timely information on the Site. However, we assume no responsibility for the accuracy, completeness or currency of that information.
Changes to Terms and Conditions
We may change these terms and conditions from time to time. We will give you notice of a change by posting an alert on the Site and/or direct email communication to you.
Activities Not Allowed
In using the Site,
You must not:
- post inappropriate, objectionable, or inaccurate content
- post any material, written or graphic, which is of a sexually explicit, discriminatory, defamatory or bullying nature.
- act in a manner that is abusive, harassing, harmful, libelous, obscene or otherwise act in a manner which is objectionable towards other people
- submit content that users do not have the right to disclose or make available, including personally identifiable information of others, confidential information or any information for which there is no entitlement to provide under any applicable law
- infringe any patents, trademarks, copyright or other proprietary rights
- use the Site to connect to people who are not members
- install software, viruses, worms or any other computer code, files or programs that will or may interrupt, destroy or limit the functionality of the Site
- manipulate identifiers in order to disguise the origin of any communication transmitted through the Site
- provide content that promotes escort services or prostitution;
- duplicate, licence, sub-licence, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer information on the Site;
- utilise or copy information, content or any data you view on or obtain from the Site to provide any service that is competitive, in our sole discretion, with the Site;
- imply or state, directly or indirectly, that you are affiliated with or endorsed by us unless you have entered into a written agreement with us;
- remove, cover or otherwise obscure any form of advertisement included on the Site;
- access or attempt to access the Site by any means other than through the landing page for the Site; or
- override or attempt to override any security component included in or underlying the Site;
If you have a complaint about any information published on the Site or any other user’s use of the Site, then please forward details to us by email through this link. [insert link]
Third Party Sites
We provide links on the Site to the sites of third parties.
You are responsible for evaluating whether you want to access a third party site or use the services of the provider of that third party site. We are not responsible for any content on third party sites.
Links to third party sites are provided to assist you but we do not guarantee the performance of any third party service provider.
Limitation of Liability
To the fullest extent permitted by law, we do not have any liability to you. However, if, under the Australian Consumer Law, we are in breach of a consumer guarantee that we cannot exclude, our liability is limited to providing the service again or paying to have the service provided again.
We do not provide any express warranties or representations. We exclude, to the extent permitted by law, all other terms, conditions and warranties which might be implied into these terms and conditions.
Without limiting the foregoing we are not responsible for and have no liability to you in respect of or arising from:
- any use or misuse of any information you provide or anyone else provides to or through the Site
- your failure to maintain accurate contact or other information in connection with your user account
- the delivery or non-delivery of any messages sent through the Site from or to you
- any interruption in the availability of or difficulties you may encounter in accessing the Site (whether due to preventative or remedial Site maintenance, system or network failures, acts or omissions of telecommunications or internet service providers or for any other reason).
We are not liable for any loss of profits, loss of data, loss of revenue, loss of business opportunity or other head of damage commonly described as being ‘consequential’ or ‘indirect’ arising of the supply of the Product to you or its use.
We reserve all of our intellectual property rights existing in the Site and any services we provide through the Site. These intellectual property rights include but are not limited to logos, trademarks, service marks and graphics.
We respect the intellectual property rights of others and require you to do so as well.
Termination, Suspension Restriction of Account
We may terminate, suspend or restrict your user account with immediate effect, for any reason or no reason at any time with or without notice.
If your user account it terminated, we will disable your access which will prevent you from accessing and using the Site. However, these terms and conditions survive any termination.
If any of these terms or conditions is found to be illegal or unenforceable, the term or condition may still be enforced but only to the extent it is not illegal or unenforceable. All other terms and conditions will remain in full force and effect.
You cannot assign or novate your rights or obligations in respect of the use of the Site.
We may fully or partially delegate or assign all rights and obligations under this agreement without notice to you.
Our agreement with you is governed by and is to be construed in accordance with the laws applicable in New South Wales and each party submits to the non-exclusive jurisdiction of the New South Wales courts.