Terms and Conditions

Effective Date: 20 July 2022

These Terms and Conditions of Use (Terms of Use) apply to the Iris website located at https://www.irispropertymanagement.com.au/, and all associated websites and sub-domains (collectively, the Site). The Site is the property of Iris (collectively, our, us, or we). We provide share housing services in South Australia. Your use of the Site and its content (including text, images, media, sound, video or downloadable documentation (Content) is governed by these Terms of Use.

You accept that your use of the Site indicated your acceptance of these Terms of Use and Iris’s Privacy Policy. [www.irispropertymanagement.com.au/privacy-policy]

1.  CHANGES TO THESE TERMS

1.1.  We may from time to time change, modify, add or remove portions of these Terms of Use. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

2.  ACCESS TO SITE

2.1.  As long as you comply with these Terms of Use, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.

2.2.  We may suspend or withdraw or restrict the availability of all or any part of the Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).

2.3.  This Site is provided on an “as is” and “as available basis” and we make no representations or warranties that the Site:

2.3.1.  will be accessible or functional (whether wholly or partly) at all times; or

2.3.2.  is free from viruses or anything else which may damage any computer which accesses the Site or any data on such a computer.

2.4.  You are responsible for configuring the technology you use to access the Site. You should use your own virus protection software.

3.  PRIVACY

3.1.  Our Privacy Policy explains what information we collect from you and how we protect it. By using this Site, you consent to the processes described in the Privacy Policy and warrant that all data provided by you is accurate.

3.2.  Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. This means that even if a particular transmission is encrypted, you understand that any message or information you send to the Site may be read or intercepted by others.

4.  CONTENT AND INTELLECTUAL PROPERTY RIGHTS

4.1.  The information published on this website is for the convenience of our existing and potential landlords and tenants and not for any other purpose.

4.2.  We are the owner or the licensee of all intellectual property rights in the Content and the Site. Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Site or our Services.

4.3.  Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or the Site or in whole or in part.

4.4.  You agree to not offer the Content for resale to any third party. You must not seek to reverse engineer, decompile or otherwise reproduce the Site or Content.  You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our consent.

4.5.  Any personal or sensitive information that you may communicate to use via the Site, and by any other means (including online forms, messages including via SMS, emails, voicemail, tenancy application forms and other correspondence and frequency of enquiries), shall be in accordance with our Privacy Policy.

4.6.  For any other information or material not considered personal or sensitive, in accordance with our privacy policy, that you post to the Site (Contribution) will be considered non-confidential proprietary. You retain all of your ownership rights in your Contribution. By providing any Contribution on the Site, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you have a right to the Contribution and it does and will not infringe any third party’s rights.

5.  PROHIBITED USES

5.1.  You agree that you will not, and will not allow any other person to use the Site in any way that:

5.1.1.   violates any applicable federal, state, local or international law or regulation;

5.1.2.  use the Site to collect or harvest data of other users;

5.1.3.  use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;

5.1.4.  transmit, or procure the sending of, any advertising material, to persons whose details you obtained from the Site;

5.1.5.  engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;

5.1.6.  use any robot, spider data scrapers, viruses or other software which may threaten the integrity and security of Site;

5.1.7.  use any process to monitor or copy any of the material on the Site or for any other unauthorised purpose;

5.1.8.  introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

5.1.9.  attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

5.1.10. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

5.1.11. otherwise attempt to interfere with the proper working of the Site.

5.2.  We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

6.  LINKED SITES

6.1.  The Site may contain links to other Sites (including banner advertisements and sponsored links) (Linked Sites), which are not operated by us, as well as resources provided by third parties. These Linked Sites are not under our control and are provided for your information only and should not be interpreted as approval by us of those Linked Sites or information or material contained on them.

6.2.  We accept no responsibility for them or for any loss or damage that may arise from your use of them. We have no control over the contents of those sites or resources, and you access and interact with such Linked Sites entirely at your own risk and subject to the terms and conditions of use for those Sites.

7.  DISCLAIMER

7.1.  To the greatest extent permitted by law, we exclude all liability in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with the Content or your use of the Site.

7.2.  Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

8.  INDEMNITY

8.1.  To the greatest extent permissible by law, you agree to indemnify and hold us harmless from and against any claims, liabilities, damages, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site and/or Content other than as expressly authorised in these Terms of Use. This includes any claim that we have collected sensitive information (as defined in the Privacy Act 1988 (Cth)) from an individual without their consent as you must warrant that you have that individual’s consent before you upload anything to our servers.

9.  DISPUTES

9.1.  If a dispute arises out of or in connection with these Terms of Use between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

10.  OTHERS

10.1.  Waiver: No waiver by us, in exercising any right, power or provision of these Terms of Use shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.

10.2.  Permitted assigns: We retain the right to assign, delegate or novate these Terms of Use without notice. You may not assign, delegate or novate these Terms of Use to any other person or body corporate without our prior written authority (which may be withheld).

10.3.  Entire agreement: These Terms of Use record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.

10.4.  Governing law and jurisdiction: These Terms of Use will be governed by and construed in accordance with the laws of South Australia. We and you submit to the exclusive jurisdiction of courts in South Australia.