YSP Terms and Conditions
The Your Strata Property website at www.yourstrataproperty.com.au (Site) is owned and operated by Your Strata Property Pty Ltd (ACN 611 675 837) (we or us).
These Terms and Conditions (Terms and Conditions) apply to everyone who uses our forum, information, documents, software, and any other products and/or services that we provide (together referred to as “Information Services”). Please read these Terms and Conditions carefully. By using our Information Services, you agree to comply with and be bound by our Terms and Conditions.
The terms “us”, “our” or “we” refers to Your Strata Property Pty Ltd, the company operating this Site. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”. Our Terms and Conditions govern the relationship between us and you in connection with the use of our Site and Information Services.
By using our Information Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Information Services.
Your Strata Property Pty Ltd owns the Information Services and intellectual property which can be accessed through the Site. By accessing the Site, purchasing Products on it, or using any of our Information Services, you are entering into a commercial agreement with Your Strata Property Pty Ltd.
Legal Advice and Services
Your Strata Property Pty Ltd does not provide legal advice and services.
To the extent that the Site may advertise the services of Lawyers Chambers on Riley Pty Ltd, you agree that Your Strata Property Pty Ltd is a referrer only, putting you in touch with Lawyers Chambers on Riley Pty Ltd, or a consultant to Lawyers Chambers on Riley Pty Ltd. Legal advice and services are provided by Lawyers Chambers on Riley Pty Ltd or consultants to Lawyers Chambers on Riley Pty Ltd (each a Lawyers Chambers Consultant), if you so engage Lawyers Chambers on Riley or a Lawyers Chambers Consultant.
If you engage Lawyers Chambers on Riley Pty Ltd or a Lawyers Chambers Consultant, please see their terms of engagement, costs disclosure or costs agreement for the terms and conditions that apply to their relationship with you.
General Prices and Payment – Information Services
You pay Your Strata Property Pty Ltd for any Information Services purchased via the Site.
General Prices and Payment – Legal Advice and Services
You pay Lawyers Chambers on Riley Pty Ltd for any legal advice and services purchased via the Site, namely via the “Book Amanda” page. Your solicitor/client relationship is solely with Lawyers Chambers on Riley Pty Ltd or the Lawyers Chambers Consultant who assists you, not Your Strata Property Pty Ltd.
Online Products and subscriptions
You may purchase products from our Site (Products), on a pay-per-product basis, or you may pay a subscription fee that entitles you to access the Information Services, including an unlimited number of Products, during the term of the subscription.
Should you choose to purchase Products on a pay-per-Product basis, the price you will pay will be displayed once you have selected the relevant Product.
Should you choose to purchase a subscription, either on a monthly or annual basis, you will be deemed to have entered into a subscription contract with us. A contract is created once you agree to the Terms and Conditions and pay the relevant fee to us. Your subscription will automatically renew unless you cancel the subscription before the relevant renewal date. You authorise us to collect any applicable subscription fee, using any valid payment method we have on record for you.
If you enter into a monthly subscription plan, you will be charged the relevant monthly fee on the monthly anniversary of the day you first purchased your subscription (i.e. if you purchased your subscription on the 24th of June, you will be charged on the 24th of July, 24th of August, etc.). You will continue to be charged the relevant monthly fee until you cancel your subscription.
If you enter into an annual subscription plan, you will be charged the relevant annual fee on the annual anniversary of the day you first purchased your subscription (i.e. if you purchased your subscription on the 24th of June 2016, you will be charged on the 24th of June 2016, 24th of June 2017, etc.). You will continue to be charged the relevant annual fee until you cancel your subscription.
You authorise us to charge the credit or debit card you supplied for your initial purchase on a monthly or annual basis, according to your subscription type. If we are unable to charge a credit or debit card that you have provided, you agree to provide the details of another credit card, or pay the amount owed in some other manner as agreed between you and us.
You acknowledge and agree that if we are unable to charge a credit or debit card that you have provided, we will cease to provide Information Services to you and you will not be able to log into our Site until payment is made.
All prices displayed on the Site are in Australian Dollars and are exclusive of GST unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion.
Use of the Products is affected by factors outside of our control, including the software on your computer.
Should you purchase a subscription or Product and be unable to download or use any one or more of our Products, you should notify us by sending an email to firstname.lastname@example.org. We will attempt to resolve the issue as quickly as possible.
If the issue remains unresolved 30 days after you have notified us of the issue, you will be entitled to either a full refund of your latest paid subscription fee, be it annual or monthly (if you have a subscription), or the price paid for the Product(s) (if you do not have a subscription). Any request for a refund must be made within 60 days of the funds being debited from your credit card.
We offer you a money back guarantee for any Product purchased by you from us, if you are unsatisfied with it and notify us in writing within 30 days of purchasing the Product. If you receive a refund from us in relation to a particular Product then you agree to delete the Product from your computer system and not to use it, nor provide it to any other party whatsoever at any time.
This money back guarantee does not apply to a subscription, or any legal advice or services provided by Lawyers Chambers on Riley Pty Ltd or a Lawyers Chambers Consultant.
If you cancel your subscription you will not receive a refund of any unused portion of the price paid for your subscription.
You acknowledge and agree that:
(a) the Site contains Products which belong to us;
(b) you are only permitted to use the Products in the manner set out in these Terms and Conditions; and
(c) copyright in the Products belongs to Your Strata Property Pty Ltd, and we make Products available to you as set out in these Terms and Conditions.
Once you have purchased a Product, either through a pay-per-Product or subscription, you are permitted to:
(a) download and save the Product on no more than two devices;
(b) use the Product for your personal use.
You agree not to:
(a) use the Site or Information Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Information Services may be a criminal offence and/or give rise to a claim for damages);
(b) re-sell any Products you have gained access to on this Site, which includes any Products you have bought either on a per Product basis or through a subscription;
(c) re-sell or attempt to benefit in a commercial fashion from any of the content available on the Site;
(d) conduct surveys, contests, pyramid schemes or chain letters on the Site;
(f) introduce any form of malicious software into the Site or Information Services; or
(g) collect information about others on the Site without their consent.
You are not permitted to copy, reproduce, transmit electronically or otherwise use the Products in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way.
We reserve the right to restrict or terminate your access to our Site and any of our Information Services at any time without notice.
Cancellation by Us
Should we deem that you are acting contrary to the spirit of the Site, potentially using our Information Services for commercial gain, or in a manner which could damage our business and repute, we reserve the right to exclude you from the Site and/or cancel your subscription, and we are under no obligation to make any refund to you.
Intellectual Property and Moral Rights
You agree to provide information including Intellectual Property to us to enable us to provide the Information Services to you.
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Information Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Information Services to you;
(b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Information Services to you without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
Personal and Confidential Information
You consent to us providing information, including personal information and Confidential Information, to (i) Lawyers Chambers on Riley Pty Ltd, to provide information, products and services to you, and to (ii) third parties, including the Lawyers Chambers Consultants, who assist us in providing information, products and services to you.
The information you provide may be disclosed to other third parties that help us provide you with access to the Information Services (including information technology suppliers, communication suppliers and our business partners) or as required by law.
These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
The obligations under this clause will survive termination of these Terms and Conditions.
User supplied Site content
We do not monitor or screen communications on our forum or any other user interactive area of the Site (Forum), and we are not responsible for any material that any of our Forum participants post and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our Forum is contrary to these Terms and Conditions we may, but are not obliged to, investigate the situation and determine in our own discretion whether to remove such communication from our Forum. We have no liability or responsibility to investigate or remove any content from our Forum based upon a complaint or otherwise.
We do not endorse or lend any credence for any statements that are made by any participant in our Forum. Any opinions or views expressed by our Forum participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
You are responsible:
You are fully responsible for your own statements and materials that you post in our Forum and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
Removal of material:
As a participant in our Forum, you agree that we may remove any materials from our Forum for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our Forum or from the discontinuance of our Forum at any time.
Right to expel:
We have the right to remove, expel, or disqualify any party from participation and access to our Forum for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of these Terms and Conditions, disruptive behaviour, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
Right to Terminate:
We reserve the right to terminate our Forum at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
You agree that you will not:
(a) Use our Forum for any illegal purpose.
(b) Place any material in our Forum that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
(c) Identify yourself in our Forum, including by using your full name as your username or posting questions, comments or answers in the forum that would identify yourself, your address, your building, your strata manager, your committee, your neighbour or any other person, location or event that would lead to your own identification.
(d) Place any material in our Forum that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
(e) Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our Forum.
(f) Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our Forum.
(g) Place materials in our Forum that are disruptive or off-topic.
Feedback and Dispute Resolution
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Site or Information Services, please contact us at email@example.com.
If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.
Limitation of Liability and Disclaimer
The information, including statements, opinions, documents and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Information Services is at your own risk. If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us and cease using the Services.
You acknowledge that the Information and Products may contain mistakes, inaccuracies and/or errors. Your Strata Property Pty Ltd expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Product accessed through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain legal advice from a qualified lawyer if you are unsure whether a Product is appropriate to your circumstances.
It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site, in Products and Information Services must not be relied upon for legal decisions; you should instruct a lawyer for legal advice and services.
Your Strata Property Pty Ltd does not provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or Product found or offered on this Site for any particular purpose. We give no warranty, indemnity or guarantee that the Products or Site are free of viruses.
Currency and jurisdiction:
The laws in each Australian jurisdiction vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our Information Services are in line with the laws of New South Wales and up to date, we make no such warranty or representation. We recommend that you obtain legal advice from a qualified lawyer in your jurisdiction in relation to all legal matters.
Legal advice and services:
We make no representation or warranty as to the quality or appropriateness of any legal advice or services that Lawyers Chambers on Riley Pty Ltd or any Lawyers Chambers Consultant offers or provides to you. Your Strata Property Pty Ltd is not responsible for, or liable for, the relationship between you and Lawyers Chambers on Riley Pty Ltd or any Lawyers Chambers Consultant. We disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. No solicitor/client relationship exists between any user of this Site and Your Strata Property Pty Ltd.
Australian Consumer Law (ACL):
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Information Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms and Conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Information Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Information Services for or for a result which you have told us you wish the Information Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Information Services is limited to us re-supplying the Information Services to you, or, at our option, us refunding to you the amount you have paid us for the Information Services to which your claim relates.
Where the provision of Information Services depends on your information or response, we have no liability for a failure to perform the Information Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Information Services and these Terms and Conditions, except as set out in these Terms and Conditions. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Information Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Information Services.
This clause will survive termination of these Terms and Conditions.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Information Services; from or by you, your employees, contractors or agents.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Information Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
The obligations under this clause will survive termination of these Terms and Conditions.
We reserve the right to amend in any way we see fit the Products, and the Terms and Conditions under which the Information Services are offered, including but not limited to the costs associated with the use of the Site, our Information Services and our refund policy, without notice to you.
You agree that by continuing to use the Site and our Information Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.
You consent to us using advertising or publicly announcing that we have provided Information Services to you.
You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
If and when applicable, GST payable on our Information Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
Relationship of parties:
The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.
Jurisdiction & Governing Law:
The Terms and Conditions are governed and construed in accordance with the laws of NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of NSW.
These Terms and Conditions make up the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
Includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
For questions and notices, please contact us at:
Your Strata Property Pty Ltd (ACN 611 675 837)
98 Riley Street, Darlinghurst NSW 2010
Product support: firstname.lastname@example.org
General support: email@example.com
Last update: 4 October 2016