SettleTech | Terms and Conditions

Website

1.1 This Website is owned and operated by Funding Tech Aus Pty Ltd ACN 610 522 533 (hereafter referred to as we, us, or our).

1.2 We own SettleTech, which is a cloud based collaborative settlement platform we provide that enables users (Users) to manage property finance transactions digitally, which can be accessed and operated via our Website.

1.3 Your use of this Website is governed by these terms and conditions (Terms). By continuing to access and use this Website and SettleTech, you agree to be bound by these Terms.

1.4 We reserve the right to amend these Website Terms from time to time. We will notify you by email of any changes to these Terms. Amendments will be effective as soon as such changes are notified by email. Your continued use of the Website and our services following such notification constitutes agreement by you to be bound by these Website Terms as amended.

1.5 These Terms operate as a binding contract between you and us, setting out your rights and obligations in relation to this Website.

1.6 Please read the following Website Terms to understand your rights and obligations when accessing our Website.

User Accounts

2.1 You must create a User Account in order to access certain functions or features of this Website, including to create a new Matter.

2.2 To create a User Account, you must:

(a) be at least 18 years of age; and

(b) have the legal capacity and authority to enter into a contract.

2.3 You may only create one User Account unless otherwise authorised by us. You must not assign or otherwise transfer your User Account to another party.

2.4 In order to create a User Account, you must provide us with any information requested by us, which will include personal information about you. We may utilise third party services and/or:

(a) ask you to provide a form of identification, such as a driver’s licence, to verify your identity; and

(b) screen Users against third party databases or request information from third party service providers, user approval will be obtained before any such third party screening occurs.

2.5 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity.

2.6 By creating a User Account, you:

(a) warrant that any information that you provide to us is true and correct;

(b) warrant that you have not been previously banned from creating a User Account on our Website; and

2.7 When you create a User Account, you will be required to set a username and password. You must:

(a) not disclose your username or password to any other person;

(b) take reasonable steps to prevent any other person from discovering your username and password and using it to log in to this website via your User Account; and

(c) immediately notify us if you have any reason to suspect your username or password has been lost, stolen or compromised.

2.8 When creating a User Account, you may enable the two-factor authentication for greater security. This may include, but is not limited to:

(a) entering a numeric code each time you access your User Account;

(b) receiving an SMS text-message with a unique one-time passcode to access your User Account; or

2.9 You agree that we are entitled to assume that any information communicated to us via your User Account:

(a) was communicated by you or on your behalf; and

(b) we are not in any circumstances, unless expressly requested to do so by you, required to enquire into whether or not information was communicated by you or by someone using your User Account without your authority.

2.10 You must indemnify us against any loss, cost or damage we suffer or any liability that we incur (to you or any other person) as a direct result of your access to this Website through your use of your User Account, whether as a result of your use of your User Account, someone using your User Account with your authority.

2.11 We may at any time in our discretion suspend or terminate your User Account and prevent you from creating Matters on our Website.

Matters

3.1 To interact and transact with other Users on our Website, a User must create a Matter on the SettleTech platform and invite other Users to the Matter.

3.2 Users will create a new Matter on the Website by providing Personal Information as well as transaction details, which will be shared with other Users who have access to the particular Matter.

3.3 To create a new Matter on the Website, you must have a User Account and have authority from the person or entity on whose behalf you are creating the Matter.

3.4 By creating a Matter, you:

(a) warrant that any information that you provide on the Matter is true and correct;

(b) warrant that if you are creating a Matter on behalf of another person or entity, you have authority from that person or entity;

(d) agree that we may deal with Personal Information that you provide to us in accordance with our Privacy Policy.

3.5 You understand, acknowledge and agree that the information you supply and contained in the Matter is shared with other Users who have access to the Matter for the purposes of transacting in the Matter space, including but not limited to Users’ employees, agents, consultants and any person who may have access to the Matter through the Users’ account. You are solely responsible and liable for the information that you disclose on our Website.

3.6 You must indemnify us against any loss, cost or damage we suffer or any liability that we incur (to you or any other person) as a direct result of the use of this Website, whether as a result of your use of a Matter you created, someone accessing and transacting on the Matter with your authority.

3.7 We may at any time in our discretion suspend or terminate your use of the Website. If we terminate your use of the Website, we will grant access to the Matter to enable you to remove or download information and documents in relation to your Matter.

Changes to Features of our Website

4.1 We reserve the right to make any changes to our features on our Website that we consider necessary or desirable. We will use all reasonable endeavours to give you prior notice of such changes on this Website, including notifying users via email where applicable.

4.2 We make no representation that the features of the SettleTech platform are available at any time at the prices specified on the Website.

Payment

5.1 In order to utilise our Website and our services, you may be required to pay Transaction Fees.

5.2 We provide payment services to Users through a third party payment processor, Stripe (Payment Services). By using the Payment Services on this Website, you agree to be bound by Stripe’s Services Agreement and Privacy Policy.

5.3 You must have an active Matter to use our Payment Services. If we close your Matter for any reason, you will no longer be able to use our Payment Services.

5.4 You consent and authorise us and Stripe to share any information or instructions you provide to us to other Users, as reasonably necessary to complete your transaction.

5.5 Users agree to make payment using the payment method provided. We reserve the right to correct, or instruct Stripe to correct, any errors in a payment request.

5.6 If a User contacts their bank or financial institution to decline, chargeback or otherwise reverse monies payable to us, we may immediately terminate the payment. We reserve the right to dispute any chargeback on our own behalf.

5.7 You acknowledge and agree that, to the maximum extent permitted by law, you are responsible for any loss arising out of your use of the Payment Services.

Guarantees

6.1 We do not guarantee:

(a) the accuracy, existence, suitability, quality, safety, legality or timing of any information provided by any User;

(b) the performance or conduct of any User or third party, including any information provided; or

6.2 We do not endorse any transactions or dealings on our Website by Users. We encourage Users to exercise due care and diligence and approach all interactions with other Users and third parties, whether online or in person, with care and caution.

Consumer Guarantees

7.1 In Australia, our services come with guarantees that cannot be excluded under Australian Consumer Law.

7.2 Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and any other legal rights, arising under the Australian Consumer Law or any other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition.

7.3 To the extent that we are in breach of any consumer guarantee, your remedies will be for us to provide to you the features or service that was previously provided, to pay for those features or services to be re-performed for you, or to provide you with compensation for the direct loss and damage suffered by you from using our platform and services.

Privacy

8.1 Your privacy is important and we will take all reasonable steps to ensure that any information that you provide via this Website will be dealt with in accordance with our Privacy Policy. Our Privacy Policy will apply to you and your use of the Website.

8.2 We may use cookies to facilitate a more personalised web browsing experience. You may disable the cookies in your web browser’s settings.

Content on this Website

9.1 The Content on this Website is intended to provide a summary of the subject matter covered. While we use reasonable steps to ensure the accuracy and completeness of the Content, to the greatest extent permitted by law we give you no warranty about the accuracy or completeness of the Content or information on this Website.

9.2 Content on this Website may change without notice to you, but we do not warrant that we will keep this content or information updated.

9.3 We are not liable to you or anyone else if the Content is not up-to-date, accurate or complete.

9.4 User-generated Content is the sole responsibility of the User making the Content available on the Website. We take no responsibility for the Content you or any other User makes available.

9.5 When making Content and information available you are wholly responsible for ensuring:

(a) you are the exclusive owner or possess the necessary legal rights to use the content; and

(b) you do not breach any applicable laws or regulations including, but not limited to, intellectual property laws and obligations under the Privacy Act 1988 (Cth).

9.6 We will take reasonable precautions to ensure that our Website does not cause interference with or damage to your computer systems (including your mobile devices). We are not liable to you or anyone else if any part of this Website (or a Website linked from this Website) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses or any other way in which this Website (or a Website linked from this Website) could damage your computer systems (including your mobile devices).

9.7 Any information on this Website is general in nature and does not take into account your personal circumstances. You agree that nothing on this Website is a representation that a particular product will be suitable for you or advises that you should acquire a particular product or use a particular service.

Customer Support and User Disputes

10.1 Users are solely responsible for their interactions with other Users on the Website. However, we reserve the right to assist with User support, customer issues and disputes.

10.2 You agree to provide us with full access to your User Account and Matter, as well as details of the particular matter between the parties as requested by us, in order for us to attend to support requests as requested by the user.

10.3 You agree to assist and cooperate with us in good faith, and provide us with any information we may reasonably require in connection with a request or dispute relating to a transaction or other User interaction.

10.4 Upon our reasonable request, you must participate in mediation or another similar dispute resolution process with another User, as our Customer Success Manager sees fit. Such process will be conducted by us or a third party selected by us.

Warranties and Disclaimer

11.1 Nothing in these Website Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law. Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Website Terms by law cannot be excluded.

11.2 Our Website is provided to you strictly on an “as is” and “as available” basis. You acknowledge that:

(a) your use of the Website is at your own risk;

(b) prior to accepting these Website Terms you have been given a reasonable opportunity to examine and satisfy yourself as to the contents of these Website Terms; and

(c) at no time prior to accepting these Website Terms have you relied on our skill or judgement, and you acknowledge that it would be unreasonable for you to do so.

11.3 To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:

(a) that your access to the Website or our Services will be free from interruptions, errors or viruses; or

(b) the accuracy, adequacy or completeness of information on the Website (nor do we undertake to keep the Website updated).

11.4 To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Website Terms:

(a) your remedies will be for us to provide the features or services that were previously provided; or

(b) pay for the features or services to be reperformed for you;

(c) to provide you with compensation for the direct loss and damage suffered by you from using the platform and services; and

(d) our maximum liability to you is limited to the price of the Transaction Fees paid to use our Website or a total of $150, whichever is GREATER.

Limitation of Liability

12.1 To the maximum extent permitted at law, including under the Australian Consumer Law, we shall not be liable to you for any direct or indirect loss, damage or expenses, howsoever arising, which may be suffered as a result or in connection with your use of this Website or any material accessible via this Website, including but not limited to:

(a) the use, or inability to use, the Website;

(b) the use of your Personal Information made available on our Website for the purposes of a Matter by other Users;

(d) the use of the Payment Services.

Intellectual Property

13.1 The Content and this Website are protected by intellectual property laws.

13.2 Unless otherwise stated, we own or license from third parties all of the rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content and this Website.

13.3 If you are permitted to post information to this Website, in doing so you agree that you are deemed to have granted us an irrevocable and unlimited license to use any of that information in any manner we see fit to deliver the services to you.

13.4 Subject to these Terms, we grant you a limited licence to access the Website and view and use the Content. Nothing in these Terms operates to grant you any further right or interest in the Content or this Website.

13.5 Except where necessary for viewing the Content on this Website on your browser, or as permitted under any applicable legislation, no Content on this Website may be reproduced, adapted, uploaded to a third party website, linked to, framed, distributed, displayed or transmitted in any form by any process without our specific written consent.

13.6 You must not disclose any data, or any part or derivative thereof (such as tables, graphs, scores, ratings, etc.) to any third party without our specific written consent.

Trade marks

14.1 Trade marks used on the Website are our trade marks whether registered or unregistered or are licensed from third parties. If you use any of our trade marks with reference to us, the Website or our product or services, you must include a statement attributing the trade mark to us.

14.2 You must not use any of our trade marks or the trade marks of third parties featured on the Website:

(a) in or as the whole or part of your own trade marks;

(b) in connection with any business, products or services which are not ours;

(d) in a manner that disparages us or the Website.

Proper Use

15.1 You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or is unlawful or prohibited by any laws applicable to this Website, including but not limited to any act which would constitute a breach of privacy, using this Website to defame or libel us, our employees or any other individuals, bodies corporate or third parties.

15.2 You are prohibited from acting in a way that would harm our brand in any way.

15.3 You must not seek to reverse engineer any codes contained in this Website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to this Website any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of security protocols.

15.4 You are prohibited from malicious activity that may interfere with or disrupt the proper and intended operation of the Website or Services, or is, or contains any means of automatically performing actions, searching or mining data from the Website or Service.

15.5 If we become aware of any possible violations by you of these Terms, we reserve the right to investigate the violation and take any action we deem reasonably necessary, including but not limited to, disabling, deleting or banning your User Account, or taking legal action. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.

Miscellaneous

16.1 Access to, or use of, certain parts of this Website may be subject to separate terms. If there is a conflict between these Terms and the separate terms, the separate terms will prevail to the event of any inconsistency, unless otherwise specified.

16.2 If any part of these Terms is found to be void or unenforceable then it is deemed to be severed from these Terms and the balance of the Terms will be read without that part.

16.3 Your use of the Website and these Terms are governed by the law of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts in Victoria, Australia in respect of any dispute arising from these terms.

16.4 We may amend these Terms from time to time and in our absolute discretion. We will notify you by email if and when any changes to these Terms occur. The amended terms will govern your use of the Website from 7 days after we notify you of the changes.

16.5 Your access to all or part of this Website may be terminated at any time by us without notice to you. If we terminate your use of the Website, we will grant access to the Matter to enable you to remove or download information and documents in relation to your Matter, after which we will have no further obligations or liabilities to you, except those which cannot be excluded by law. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.

Definitions

17.1 In these Terms:

(a) Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the Competition and Consumer Regulations 2010 (Cth);

(b) Content means the contents of this Website, including any information, stylistic elements (such as text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including programs) and other material on this Website;

(c) Customer Success Manager means a manager employed by us that is responsible for guiding you through the sales process into the support phase, and resolving customer issues;

(d) Matter means a matter space created by a User for the purposes of completing transactions with other Users;

(e) Personal Information has the meaning set out in the Privacy Act 1988 (Cth);

(f) Transaction Fees means any fees that become payable on a Matter;

(g) User Account means the user credential and personal/company profile that you register with us in order to access certain features of this Website;

(h) Users is as defined in clause 1.2; and

(i) Website means the platform that delivers SettleTech via settletech.io and any subdomain, such as platform.settletech.io.

Terms and Conditions.