Terms of Use
Last updated: September 2022
RIGELTECH PTY LTD Solution Pty Ltd (ACN 648 943 239) (RIGELTECH PTY LTD Solution) owns and operates the website located at www.proxima.com.au (Website). Access to and use of the Website and the services available through the Website and Mobile Application (collectively Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you (You) are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
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The Services
RIGELTECH PTY LTD Solution offers cloud software, property information portal, agent website and customisation, both including associated offline and mobile applications. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
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Amendments to Terms of Use
RIGELTECH PTY LTD Solution reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by the terms of use as amended.
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Website and Mobile Application Access
Subject to this Terms of Use, RIGELTECH PTY LTD Solution grants You permission to use the Website.
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Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
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transfer the Services or otherwise make it available to any third party;
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attempt to disassemble, reverse engineer or decompile the Services, except as permitted under applicable law;
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use third party links to sites without agreeing to their website terms and conditions;
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post links to third party sites or use their logo, company name, etc. without their prior written permission;
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use the Services in any manner that could damage, disable, overburden, impair or harm any resource of RIGELTECH PTY LTD, including servers, networks, or computer systems;
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use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs.
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Privacy Policy
Our Privacy Policy, which sets out how we will use your information, can be found atPrivacy Policy . Ensure You have read and understood our Privacy Policy. By using the Website and/ or Mobile Application, You consent to the processing of personal information as described in the Privacy Policy and warrant that all data provided by You is accurate. We will process all personal information in accordance with data protection laws and our Privacy Policy.
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Confidentiality
RIGELTECH PTY LTD Solution will treat personal information as confidential and will make every reasonable effort to keep personal information and confidential information confidential and secure. It will not disclose this information except:
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as necessary to provide the Services;
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to RIGELTECH PTY LTD Solution personnel and any service provider that RIGELTECH PTY LTD Solution works with where necessary to operate the Services;
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if the relevant person has given RIGELTECH PTY LTD Solution permission to do so;
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in accordance with our Privacy Policy; or
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if required or permitted by law.
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Prohibitions
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You must not misuse the Website. You will not:
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commit or encourage a criminal offence;
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transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
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hack into any aspect of the Services; corrupt data; cause annoyance to other users;
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infringe upon the rights of any other person's proprietary rights;
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send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
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attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.
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Breaching this provision would constitute a criminal offence, and RIGELTECH PTY LTD Solution will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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The following contents are prohibited on the Website:
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offensive content that promotes racism, terrorism, bigotry, hatred, or physical or/and mental violence or harassment against any individual or group or could harm minors; and
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misleading or/and deceptive or defamatory contents; and
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pornographic or sexually explicit contents; and
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contents related to any unlawful activities.
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Support Scope
As part of Website support, you will receive support from RIGELTECH PTY LTD to make your customised website available to end users. We will support you to push all available projects and Properties on your dedicated website. The Services also allow you to hide projects from your custom website, and toggle visibility of commission information.
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Data Ownership
We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant RIGELTECH PTY LTD the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account, for Proptech’s commercial, marketing or any similar purpose. However, you grant RIGELTECH PTY LTD permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account, solely as required for the purpose of providing the Services to you.
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Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of:
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any suspected illegal activity,
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extended periods of inactivity, or
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requests by law enforcement or other government agencies.
Termination of user account may include denial of access to all Services, deletion of information in your user account (such as your email address and password), and deletion of all data in your user account.
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Intellectual Property, Software and Content
The intellectual property rights in all content made available to you on or through the Website and Mobile Application remain the property of RIGELTECH PTY LTD Solution or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by RIGELTECH PTY LTD Solution and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on the Website and/ or Mobile Application nor may You use any such content in connection with any business or commercial enterprise.
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Copyright
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You must not do anything with the materials and resources that are not expressly authorised by the Terms of Use. Without limitation, You must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) without the prior consent of RIGELTECH PTY LTD Solution.
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Disclaimer of Liability
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Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and effect.
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To the fullest extent permitted by law, RIGELTECH PTY LTD Solution hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website and any materials posted on the website, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
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You agree that even if RIGELTECH PTY LTD Solution has been advised of the possibility of such damage, RIGELTECH PTY LTD Solution shall, in no event, be liable for:
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any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever;
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loss of business profits, business interpretation, business information;
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computer failure;
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or other loss arising out of or caused by your use or inability or use the service.
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In no event shall Proptech’s entire liability to you in respect of any services, whether direct or indirect, exceed whichever of the following is higher:
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One Thousand Dollars ($1000), or
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the fees paid by you during the Twelve (12) Months prior to the first event giving rise to such liability.
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Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
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Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with RIGELTECH PTY LTD Solution and You should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to RIGELTECH PTY LTD Solution.
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Indemnity
You agree to indemnify RIGELTECH PTY LTD Solution, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by RIGELTECH PTY LTD Solution.
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Variation
RIGELTECH PTY LTD Solution has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Website and Mobile Application.
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Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected, and all other clauses remain in full force and effect. As far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
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Complaints
If we receive a complaint with respect to your activities as part of use of the Services, we will email the complaint to the primary email address of your user account. You must respond to the complainant within 10 days of receiving the complaint forwarded by us and copy RIGELTECH PTY LTD Solution in this communication. If you do not respond to the complainant within 10 business days from the date of our email to you, we may disclose your name and contact information to the complainant, for the purpose of enabling the complainant to take legal action against you.