Website & CapitalVue Dashboard Terms & Conditions of Use.
(a) Welcome to www.capitalvue.com.au (Website). The Website allows you to access and use the CapitalVue Dashboard Application (Services).
(b) The Website is operated by CapitalVue Pty Ltd, ACN/ABN 56671085028. Access to and use of the Website, or any of its associated products or Services, is provided by CapitalVue Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
(c) CapitalVue Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CapitalVue Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
(a) CapitalVue Dashboard Application is a platform that provides property investors with a comprehensive and personalised dashboard to track their investment property and principal place of residence performance.
(b) CapitalVue Dashboard 1 & 2+ (Investment Property/ies) accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features, may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
(c) Some accounts may be governed by a separate Software Licensing Agreement with CapitalVue Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
(a) CapitalVue Dashboard Application, its related features, and website must only be used lawfully. CapitalVue Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service to engage in any act that would disrupt the access, availability, and security of CapitalVue Dashboard Application and other CapitalVue Pty Ltd services, including but not limited to tampering with, reverse-engineering, or hacking our servers; modifying, disabling, or compromising the performance of CapitalVue Dashboard Application; overwhelming our infrastructure; or compromising the integrity of our system.
(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with CapitalVue Pty Ltd or any third party.
(e) To access or search any part of the Service, or any other Service owned by CapitalVue Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of CapitalVue Dashboard Application's content policy.
CapitalVue Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to CapitalVue Pty Ltd's Privacy Policy, which is available on the Website. The Privacy Policy also addresses CapitalVue Pty Ltd's processes, policies, and obligations in respect of CapitalVue Dashboard Application security breaches.
CapitalVue Pty Ltd collects, stores, and processes your data on CapitalVue Dashboard Application. The data is used to provide Services to you, as well as to facilitate CapitalVue Pty Ltd's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by CapitalVue Pty Ltd. The Privacy Policy also addresses CapitalVue Pty Ltd's processes, policies, and obligations in respect of data encryption and removal requests.
(a) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member ("Member").
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, email address, phone number, credit or debit card details, property address and relevant financial information pertaining to properties entered into CapitalVue Dashboard Application.
(e) You warrant that any information you give to CapitalVue Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
(g) You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with CapitalVue Pty Ltd, or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(a) Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
(b) Payments made in the course of your use of CapitalVue Dashboard Application may be made using third-party applications and services not owned, operated, or otherwise controlled by CapitalVue Pty Ltd. You acknowledge and agree that CapitalVue Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(d) You agree and acknowledge that CapitalVue Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
(a) CapitalVue Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumers' rights under the Australian Consumer Law.
(b) CapitalVue Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of CapitalVue Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
(a) The Website, the Services and all of the related products of CapitalVue Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website are owned or controlled for these purposes, and are reserved by CapitalVue Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by CapitalVue Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a User to use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.
(c) CapitalVue Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by CapitalVue Pty Ltd.
(d) CapitalVue Pty Ltd retains all rights, title and interest in and to the Website and all related Services.
(e) You may not, without the prior written permission of CapitalVue Pty Ltd and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and CapitalVue Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.
(a) CapitalVue Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that CapitalVue Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, including any loss of profit, goodwill or business reputation and any other intangible loss.
(a) The Terms will continue to apply until terminated by either you or by CapitalVue Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by not renewing the Subscription prior to the end of the Subscription Period; providing CapitalVue Pty Ltd with 30 days' notice of your intention to terminate; and closing your accounts for all of the services which you use.
(c) Any termination notices should be sent, in writing, to CapitalVue Pty Ltd via the "Contact Us" link on our homepage.
(d) CapitalVue Pty Ltd may at any time terminate the Terms with you if you do not renew the Subscription at the end of the Subscription Period; you have breached any provision of the Terms or intend to breach any provision; CapitalVue Pty Ltd is required to do so by law; or the provision of the Services is, in the opinion of CapitalVue Pty Ltd, no longer commercially viable.
(e) Subject to local applicable laws, CapitalVue Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law.
You agree to indemnify CapitalVue Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following have been complied with (except where urgent interlocutory relief is sought). A party claiming a dispute (Dispute) has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice, the parties must within 28 days endeavour in good faith to resolve the Dispute by negotiation; and if the Dispute is not resolved within 28 days, agree upon selection of a mediator or request that one be appointed by the Australian Mediation Association. The parties are equally liable for the mediator's fees. The mediation will be held in Brisbane, Australia. All communications concerning negotiations are confidential and treated as "without prejudice". If two months have elapsed after the start of a mediation and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation.
The Services offered by CapitalVue Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland.
The Terms are governed by the laws of Queensland. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia without reference to conflict of law principles.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
