You may only access and use myPropertyPortfolio to manage your personal portfolios and you are responsible for all activity on your account.
You must ensure that all information provided by you during the sign-up process is true and correct to the best of your knowledge and belief.
You must ensure that your access to and use of myPropertyPortfolio is not illegal or prohibited by any laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing myPropertyPortfolio does not expose you to risk of viruses or other forms of interference which may damage your systems or data. We take no responsibility for any such damage caused to your systems or data.
You must make reasonable efforts to investigate and diagnose technical problems before contacting us. If you still need technical support, please check the support provided online by us or contact myPropertyPortfolio’s customer support, if this is available as part of your Subscription Plan. myPropertyPortfolio has no obligation to provide customer support services to you for any third party services or software not owned by us that integrates into myPropertyPortfolio (Third Party Services).
You acknowledge that you are solely responsible for the accuracy of data that you enter into myPropertyPortfolio and all results and analysis from your use of myPropertyPortfolio.
You acknowledge that you are responsible for your use of myPropertyPortfolio and for maintaining the confidentiality of passwords and any other information. You will immediately notify us of any unauthorised use of your account or any other breach of security that you become aware of. myPropertyPortfolio may reset your password following a breach of security and you must take all other actions that myPropertyPortfolio reasonably deems necessary and advises to you.
You agree that if any data is provided to myPropertyPortfolio by you, including data provided for or on behalf of any third party, all applicable consents (including privacy) have been obtained regarding the data. You agree that you have the right to disclose the data and the right to grant the use of such data to myPropertyPortfolio.
When accessing and using myPropertyPortfolio, you must:
You agree that to the extent that you authorise that a third party access myPropertyPortfolio or your myPropertyPortfolio account on your behalf (an Account User):
We will ensure information submitted on the login and signup pages is transferred between you and our servers using HTTPS encryption or similar.
We will adhere to accepted industry practices and procedures for preventing data loss, including a daily system back-up regime, but do not make any guarantees that there will be no loss or corruption of data that you have input into myPropertyPortfolio. We expressly exclude liability for any loss or corruption of data, no matter how caused. You should ensure that you keep up-to-date records of all your data inputted into myPropertyPortfolio.
We intend that myPropertyPortfolio should be available 99% of the time, 24 hours a day, seven days a week. However, it is possible that on occasions, myPropertyPortfolio may be unavailable. If we have to interrupt your use or access to myPropertyPortfolio for longer periods than we usually anticipate, we will use reasonable endeavours to publish in advance details of such activity on myPropertyPortfolio in advance. We will have no liability to you for the unavailability of myPropertyPortfolio.
Fees and charges
We will charge you, and you agree to pay, the monthly or annual Subscription Fee for the level selected (the Subscription Plan) when subscribing to myPropertyPortfolio (Subscription Fee) (if applicable). To the extent that your Subscription Plan does not require payment of a Subscription Fee, clauses 4.2 to 4.9 are not applicable to your Subscription Plan.
All fees and charges and all prices for access to myPropertyPortfolio include GST where applicable.
You authorise us to invoice and receive payment from you in advance for Subscription Fees on a monthly or annual basis, until termination of your myPropertyPortfolio account and you cease to use myPropertyPortfolio or if you downgrade to a free Subscription Plan.
Your credit card details will be encrypted and securely stored by a third party payment solutions provider approved by us. We will not store or have access to your credit card details. In supplying your credit card details to our payment services provider, you authorise us to invoice and the payment service provider to process payment of your Subscription Fees and any other outstanding amounts (as applicable) as they become due.
Invoices are calculated on a monthly or annual basis, based on the Subscription Plan selected. Where you upgrade your Subscription Plan, any additional costs payable by you will be prorated for the remaining period of the calendar month or year (as applicable) in which you upgrade your Subscription Plan, and you will be billed on the basis of whole calendar months or years (as applicable) going forward.
If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of the dishonoured payment and cancel your subscription.
You must not pay, or attempt to pay, the Subscription Fee through any fraudulent or unlawful means.
No refunds or credits for your Subscription Fee will be provided if you elect to downgrade or terminate your Subscription Plan. In the case of a downgrade, the new Subscription Fee for the downgraded Subscription Plan will apply from the beginning of the calendar month or year following the month or year (as applicable) in which the Subscription Plan was downgraded.
Changing your Subscription Plan may cause loss of content, features, or capacity of the service you receive on myPropertyPortfolio, and we do not accept any liability for losses arising as a direct or indirect consequence of this.
We are the owners of all intellectual property rights used on or in connection with myPropertyPortfolio, including (but not limited to) the copyright material, patents and trademarks used on myPropertyPortfolio.
We have no intellectual property rights in the data input by you into myPropertyPortfolio, other than to hold and make it available for the purposes contemplated by these Term of Use or for which it was provided.
No licence is granted to any person in respect of the intellectual property rights used on myPropertyPortfolio as a result of publication on myPropertyPortfolio. If you wish to use any intellectual property of a third party you will need to obtain the consent of that third party.
You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on myPropertyPortfolio without our prior written permission (other than information which is your data as described in clause 3.1).
Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on myPropertyPortfolio for your personal use. Any copyright notice on that information must be retained on the copy.
Links to and from myPropertyPortfolio
From time to time myPropertyPortfolio may include embedded content from, and links to, other websites. Those websites are not under our control. The links and embedded content are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. You should check the terms and conditions of use of those websites before you use them.
You may not create a link to myPropertyPortfolio from another website (other than to the home page) without our prior written consent, which may be given or withheld at our sole discretion.
Disclaimer and limitation of liability
We are not a financial product advisory service and myPropertyPortfolio does not provide financial product advice. The information provided on myPropertyPortfolio is numeric information only based on publicly available data, data entered by the user or data otherwise available to us and the information presented in the reports is derived from that information as a result of myPropertyPortfolio’s performance methodology and commonly used calculations. This information is not a recommendation nor is it a statement of opinion. The information should not be relied upon for making investment decisions and it is recommended that you seek your own independent financial advice before making any decisions in relation to your investments.
Although the myPropertyPortfolio taxation reports may be used to compute taxation information, the information provided is not conclusive and does not constitute tax advice. myPropertyPortfolio is not a registered tax agent and does not provide tax advice. You should consult an independent tax advisor for tax advice. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage and access to the data input into myPropertyPortfolio will comply with the laws applicable to you.
To the maximum extent permitted by law, we disclaim all warranties, either express or implied, with respect to myPropertyPortfolio, our performance methodology and the information and reports referred to in clauses 7.1 and 7.2 including but not limited to, warranties of accuracy, non-infringement, completeness, timeliness, currency, accessibility, security, merchantability or fitness for any particular purpose. Without limiting the foregoing:
Where legislation implies any guarantee, representation or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such implied term, that implied term will be deemed included but our liability will be limited for a breach of that term (other than a guarantee as to title or undisturbed possession) to one or more of the following: the supplying of the services again; or
the payment of the cost of having the services supplied again.
If an Event of Breach occurs, we may immediately (at our sole discretion) and without notice:
An Event of Breach occurs if:
You will not be entitled to a refund if we discontinue or suspend your account under clause 8.1.
We may also discontinue or suspend your account, or reduce the services available to you, for any reason, by giving you one month’s notice.
You may cancel your account for any reason by giving us one month’s notice. If you cancel your account under this clause 8.5, you will not be entitled to any Subscription Fee paid in advance for the remaining period of the calendar month or year (as applicable) of your Subscription Plan.
Where we discontinue or suspend your account or reduce the services available to you under clause 8.4 you may be entitled to a partial refund.
Following the termination of your account, we reserve the right to delete all your data input into myPropertyPortfolio in the normal course of operation. You acknowledge and confirm that your data cannot be recovered once it is deleted and we will have no liability for any deleted data.