Welcome to www.coposit.com.au (‘Coposit Website’), a website owned and operated by Coposit Investments Pty Ltd (ACN 651 246 169) ATF The Coposit Trust (ABN 64 287 723 140) (‘Coposit, We, Us or Our’) under the domain name www.coposit.com.au
Coposit owns and operates the Coposit software application (the ‘Coposit App’).
In the event that You do not agree with any of Coposit Policies, please discontinue use of the Coposit App and/or the Coposit Website immediately.
(a) “Intellectual Property Rights” means all present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions;
(b) “Coposit Material” means all:
- content, data, graphics, photographs, images, trademarks, trade names, material, operation manuals and other information Coposit includes in the Coposit Services or which is made accessible via the Coposit Services; and
- software forming part of, or used in connection with, the Coposit Services including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes.
Your use of the Coposit Services and Your privacy rights
- When You create an Account, Coposit will ask You to provide certain personal information.
- You must not provide any false information to Coposit.
- You must not use an Account registered by any other User without their permission.
- Coposit endeavours to use reasonable security measures to protect against unauthorised access to Your Account. Coposit cannot, however, guarantee absolute security of Your Account, Your Content or the personal information You provide, and We cannot promise that Our security measures will prevent third-party hackers from illegally accessing the Coposit Services. You accept all risk of unauthorised access to Content You Post to the Coposit Services. If You know or suspect that anyone other than You knows Your login or password, You must promptly notify Us at email@example.com .
- You must not abuse, harass, threaten, impersonate or intimidate other Coposit Services Users.
- You must not create or submit unwanted email, spam or comments to any User of the Coposit Services.
- You must not use the Coposit Services for any illegal or unauthorised purpose or in violation of any law, including any intellectual property law.
- You must respect the rights of third party property owners.
- You agree that Coposit may access and disclose the information You have given to Coposit or collected by the Coposit Services if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:
(a) comply with the law;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to Your requests for customer service; or
(e) protect the rights, property or personal safety of Coposit and its customers.
Coposit’s Intellectual Property Rights and other rights
- Coposit owns, or is licensed to use, the Intellectual Property Rights in the Coposit Services and the Coposit Material. You agree that You do not own or have any interest or claim to any Intellectual Property Rights in the Coposit Services or the Coposit Material.
- You must not infringe Coposit’s Intellectual Property Rights in the Coposit Services and the Coposit Material. In particular, You must not sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease any Coposit Material or any data generated by the Coposit Services,
- You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble, incorporate the Coposit Material in whole or in part in any other software or product, or develop derivative works of the Coposit Material or allow others to do so or upload or re-post the Coposit Material to any other site on the internet without obtaining Coposit’s prior written consent.
- You must not:
(a) use reproduce Coposit’s name or logo without the prior written permission of Coposit;
(b) interfere with or disrupt the integrity, functionality or performance of the Coposit Services;
(c) circumvent, alter or modify disabling mechanisms which may be resident in the Coposit Services or mechanisms that control access to use of the Coposit Services;
(d) gain or attempt to gain unauthorised access to the Coposit Services or related systems or networks;
(e) incorporate or use the Coposit Services in whole or in part in any other software, service or product;
(f) access (or attempt to access) the Coposit Services or Content Posted on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
(g) attempt to disguise the origin of any access (or attempted access) to the Coposit Services;
(h) use the Coposit Services for commercial gain by anyone.
Exchange of Contract
- Users of the Coposit Services warrant and are solely responsible to obtain competent legal advice in relation to any Contract For Sale You wish to enter via the platform.
- Coposit is solely authorised by the Vendor as agent to collect and hold the Deposit (by way of weekly direct debit from Your Nominated Debit Account (as defined below)) on Your behalf for performance of the Deposit pursuant to the terms of the Contract For Sale.
- Upon the exchange of any Contract For Sale, Users are required to provide a Nominated Debit Account via the Coposit Direct Debit Form (Nominated Debit Account) included with the Contract For Sale for direct debit to form part of the Deposit as defined within the Contract For Sale and as collected by Coposit on behalf of the Vendor as nominated in the Contract For Sale.
- You agree that all direct debit will be deducted from Your Nominated Debit Account on a weekly basis in accordance with the Contract For Sale and Coposit Direct Debit Form.
- If You wish to make a change of the Nominated Debit Account on Your direct debit, these changes can be made in writing and via email, to Coposit (firstname.lastname@example.org) at any time.
- It is Your responsibility to ensure that sufficient and clear funds are available within the Nominated Debit Account. to satisfy the automatic payments.
- You are solely liable for any charges or fees applied by your authorisation deposit-taking institution.
- If an automatic payment is rejected or missed by the authorised deposit-taking institution of the Purchaser (as defined in the Contract FOR Sale), You will be issued by Coposit with a reminder notice.
- The Purchaser has six (6) weeks from the date of default (First Default), to rectify all rejected or missed payments and, if applicable, any further rejected or missed payments (subsequent defaults) accrued after the First Default.
- If the You do not rectify the rejected or missed payments after six (6) weeks from the date of the first notice as issued by Coposit, then You will be in breach of their obligations pursuant to these terms and the Contract For Sale.
- As such, the Vendor of the Contract For Sale will be notified and the Vendor may exercise their right to rescind the contract as per the terms outlined in the Contract For Slae.
- If the Vendor validly rescinds the Contract For Sale as a result of a default for payment of the Deposit (as contemplated in accordance with clauses 33-36), You hereby agree to allow Coposit to release, without demand, set off or deduction, any Deposit monies collected by Coposit on Your behalf pursuant to then Contract For Sale and Direct Debit Form to the Vendor.
- No interest or fees are charged by Coposit on any missed payments by You.
- You agree that all notices or any other communications in relation to Coposit Services will be received in electronic form.
- You agree that You use the Coposit Services at Your own risk. Coposit does not guarantee the accuracy, integrity or quality of Content.
- The Coposit Services are provided to You “as is” and without warranty as to suitability or fitness for purpose or with any implied warranties. Coposit does not warrant guarantee or make any representation:
(a) that Your use of the Coposit Services is legal;
(b) as to the performance of the Coposit Services;
(c) that the Coposit Services or any part of it will operate uninterrupted or are error-free;
(d) that errors and defects in the Coposit Services will be corrected;
(e) geographical information in the Coposit Services is accurate, up to date and current; or
(f) that the Coposit Services will be updated.
- While Coposit has taken reasonable steps to ensure the information it provides via the Coposit Services is accurate and up to date, Coposit does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Coposit Services. You must rely solely on You own assessments and verification of the Content.
- You acknowledge that Coposit cannot guarantee uninterrupted access to and use of the Coposit Services at all times.
- While Coposit will use reasonable efforts to minimise the risk of software viruses, trojans and malicious code, Coposit cannot, and does not, warrant, guarantee or make any representation that the Coposit Services, or the server that makes the Coposit Services available online, are free of software viruses, trojans or any malicious code.
- You are responsible for making sure that Your smartphones, tablets, computers and communication and GPS systems are suitably configured, maintained and operated to enable You to use the Coposit Services.
- You are responsible for all telecommunications and data costs (including roaming costs) associated with Your use of the Coposit Services.
- Coposit and its respective officers, employees, contractors and agents have no liability for costs, losses or damages of any kind, which You or anyone else may incur, arising directly or indirectly in connection with Your use of the Coposit Services.
- Coposit is not liable to You or anyone else for:
(a) any loss, expenses or costs to You associated with Your use of the Coposit Services (including any data charges incurred by You);
(b) loss of any Content;
(c) errors or omissions in the Coposit Services, or linked sites on the Coposit Services;
(d) delays to, interruptions of or cessation of the services provided in the Coposit Services, or linked sites;
(e) defamatory, offensive or illegal conduct of any User of the Coposit Services,
whether caused through negligence of the Coposit Services, its officers, employees or contractors, or through any other cause.
- You agree that You will bear the full cost of any necessary repair, correction and maintenance of any of Your smartphone or computer software or hardware, which may be necessary as a consequence of You installing or using the Coposit Services.
- You agree to at all times indemnify and keep indemnified Coposit and its respective officers, employees, contractors and agents (each a “Coposit Officer”) from and against any loss (including reasonable legal costs and expenses) or liability incurred (including consequential or indirect loss) by any Coposit Officer arising from any claim, demand, suit, action or proceeding by any person against any Coposit Officer where such loss or liability arose out of, in connection with or in respect of any of the following:
(b) Your use or misuse of the Coposit Services; or
(c) publication of or distribution of information supplied by You.
- The Coposit Services may provide links to other Internet sites or resources or services provided by third parties. Coposit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. It is Your responsibility to make Yourself aware of the terms and conditions on the Linked Websites.
Termination of access
- Coposit may terminate or suspend Your access to the Coposit Services at any time without giving You any explanation or justification for the termination of Your access.
- Coposit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Coposit Services or any portion thereof with or without notice.
- You agree that Coposit has no liability for any costs, losses or damages of any kind arising as a consequence of terminating Your access to the Coposit Services.
Australian Consumer Law
- Where You are entitled to a statutory right or term that Coposit is not able to exclude but Coposit is entitled to limit Your remedy for a breach of that right or term, then Coposit’s liability for breach of that right or term is limited to (at Coposit’s election):
(a) in the case of goods Coposit supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of doing so); or
(b) in the case of services Coposit supplies, the supplying of the services again, or the payment of the cost of having the services supplied again.
- You acknowledge that Coposit may assign its interest in the Coposit Services at any time.