Terms of Use

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’).

Please read and consider these Terms of Use (‘Terms of Use’) carefully before choosing whether to use the services offered by Coposit which include the Coposit App, any Coposit branded URL or website any Coposit mobile services and any other features, content or applications offered from time to time by Coposit using the Coposit App or in connection with the Coposit App (‘Coposit Services’).

Your use of all information, data files, written text, computer software, music, audio files or other sounds, photographs, graphics, video, images and materials which You may have access to as part of, or through Your use of the Website (‘Content’) is governed by this User Agreement and Our Privacy Policy http://coposit.com.au/privacy-policy/ (together ’Coposit Policies’).

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.

Acceptance of Terms of Use

  1. These Terms of Use apply in addition to any other terms and conditions to which You may be subject to when using, registering for, or participating in the Coposit Services. The additional terms and conditions to these Terms of Use include any and all relevant third party terms and conditions or associated websites and for any other third party websites, linked to and referred to within the Coposit Services (collectively Linked Websites and/or Other Terms).
  2. In the event of any inconsistency between these Terms of Use and the Other Terms, these Terms of Use will prevail to the extent of the inconsistency.
  3. By accessing or using the Coposit Services, You accept and agree to be bound by the Coposit Policies including the Terms of Use as updated from time to time without any limitation or qualification. These Terms constitute a legally binding agreement between You and us.
  4. You warrant to us that You have the authority to enter into these Terms of Use. You agree that Coposit may change and update these Terms of Use from time to time and that the most recent version of the Terms of Use posted on Coposit’s Website or available via the Coposit App will apply and legally bind You. We recommend that You review the Terms of Use regularly at www.coposit.com. The Coposit Services offered by Coposit are hosted in Australia.

Definitions

  1. In these Terms of Use:

(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:

  1. 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
  2. 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

  1. To use the Coposit Services You must create a User login (“Login”). Your Login will allow You to set up a User account (“Account”). You will be required to provide some personal information to Coposit when You create Your Account. We will collect and use Your personal information in accordance with these Terms of Use.
  2. When You create an Account, Coposit will ask You to provide certain personal information.
  3. Coposit undertakes to comply with the Australian Privacy Principles and Notifiable Data Breaches Scheme as set out in the Privacy Act 1988 in respect of personal information provided by You, information collected by Coposit or the Coposit Services and information regarding the way You access the Coposit Services. Coposit’s Privacy Policy is available on Coposit’s website.
  4. You must not provide any false information to Coposit.
  5. You are responsible for keeping Your Account password secure and must not share Your password with anyone. We have the right to disable any login, password, whether chosen by You or allocated by us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms of Use.
  6. You must not use an Account registered by any other User without their permission.
  7. 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 info@coposit.com.au .
  8. You must not abuse, harass, threaten, impersonate or intimidate other Coposit Services Users.
  9. You must not create or submit unwanted email, spam or comments to any User of the Coposit Services.
  10. You must not use the Coposit Services for any illegal or unauthorised purpose or in violation of any law, including any intellectual property law.
  11. You must respect the rights of third party property owners.
  12. 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;

(b) enforce these Terms of Use;

(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

  1. 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.
  2. 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,
  3. 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.
  4. 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

  1. You acknowledge that the terms of any Contract For Sale of real property (Contract For Sale) entered into between You and an independent third (3rd) party through the Coposit Services are in addition to this Terms of Use.
  2. All negotiations, and subsequent agreed terms of Contract For Sale are between You and the vendor nominated in the Contract for Sale. In the event of a discrepancy between the Contract For Sale and this Terms of Use, the Contract For Sale terms shall prevail.
  3. 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.

Deposit Payments

  1. 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.
  2. 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.
  3. 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.
  4. 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 (info@coposit.com.au) at any time.
  5. Subject to these Terms of Use and the terms of the Contract For Sale, You expressly consent to, authorise and instruct Coposit to apply the direct debited amounts from your Nominated Debit Account to the Deposit as defined in Your Contract For Sale.
  6. All payments will be processed through a third-party authorised deposit-taking institution and their terms and conditions should be read by You in addition to this Terms of Use.
  7. It is Your responsibility to ensure that sufficient and clear funds are available within the Nominated Debit Account. to satisfy the automatic payments.
  8. You are solely liable for any charges or fees applied by your authorisation deposit-taking institution.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. No interest or fees are charged by Coposit on any missed payments by You.
  15. You agree that all notices or any other communications in relation to Coposit Services will be received in electronic form.

Coposit’s liability

  1. You agree that You use the Coposit Services at Your own risk. Coposit does not guarantee the accuracy, integrity or quality of Content.
  2. 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.

  1. 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.
  2. You acknowledge that Coposit cannot guarantee uninterrupted access to and use of the Coposit Services at all times.
  3. 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.
  4. 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.
  5. You are responsible for all telecommunications and data costs (including roaming costs) associated with Your use of the Coposit Services.
  6. 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.
  7. 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.

  1. 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.
  2. 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:

(a) a breach of these Terms of Use by You;

(b) Your use or misuse of the Coposit Services; or

(c)  publication of or distribution of information supplied by You.

  1. 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

  1. 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.
  2. 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.
  3. 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

  1. The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to the provision of the Coposit Services to You and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms of Use but only to the extent of and duration of the inconsistency.
  2. 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.

Other

  1. These Terms of Use represent the entire agreement between You and Coposit on the subject matter. All representations, communications and prior agreements in relation to the subject matter are superseded by these Terms of Use.
  2. You acknowledge that Coposit may assign its interest in the Coposit Services at any time.
  3. If any part of these Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
  4. These Terms of Use will be governed by and interpreted in accordance with the law of the New South Wales and You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms of Use.
  5. If You access the Coposit Services in a place outside New South Wales You agree to comply with all laws in force in that place in addition to the Terms of Use and all laws in New South Wales.