Terms and Conditions

1. Acceptance of Terms

By accessing and using this website and services provided by PropSurge ("we", "us", "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these terms, please do not use our services.

1.1. Agreement to Terms

These Terms constitute a legally binding agreement between you and PropSurge concerning your access to and use of the website and services. These Terms apply to all users of the website, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

1.2. Website Changes

PropSurge reserves the right to modify, suspend, or discontinue the website and/or any service at any time, with or without notice to you. PropSurge shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website or service.

2. Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "content") and the trademarks, service marks, and logos contained therein (the "marks") are owned or controlled by us or licensed to us, and are protected by copyright laws and trademark laws and various intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions.

2.1. License for Website Access

Subject to your compliance with these Terms, PropSurge grants you a non-exclusive, non-transferable, revocable license to access the website and the content for your personal and commercial use only.

2.2. Restrictions

You are expressly prohibited from reproducing, distributing, transmitting, displaying, modifying, creating derivative works of, exploiting, or otherwise using any content or marks on the website for any public or commercial purpose without our prior written permission.

3. User Representations

By using this website, you represent and warrant that:

• You are of legal age to form binding contracts under applicable Australian law
• You are not a person barred from receiving services under the laws of Australia or other applicable jurisdictions
• You will use the website in compliance with all applicable laws and regulations
• You will not use the website for any illegal or unauthorized purpose
• Your use of the website will not violate any intellectual property or other proprietary rights of any third party
• You will not access or use the website through any automated means without our prior written permission
• You will not use the website to advertise or offer to sell goods or services not related to fractional property investment

4. Investment Disclaimer

The information provided on this website is for educational and informational purposes only and should not be considered as financial advice or investment recommendation.

4.1. Risk Warning

Property investment involves significant risks, including the possible loss of principal. Past performance is not indicative of future results. You should carefully consider your financial situation and consult with qualified financial advisors before making any investment decisions.

4.2. No Guarantee of Returns

We do not guarantee any specific returns on investments made through our platform. All investments carry risk, including the risk of losing your entire investment.

4.3. Superannuation Considerations

Investing superannuation funds in property has specific regulatory requirements and implications. You should seek independent financial advice regarding the suitability of property investment for your superannuation fund.

5. Services and Fees

We provide services related to fractional property investment and superannuation advice. Specific services and associated fees will be clearly communicated to you before you engage with our services.

5.1. Fee Structure

Our fees may include, but are not limited to:

• Setup and administration fees
• Property acquisition fees
• Ongoing management fees
• Exit fees (where applicable)

5.2. Payment Terms

All fees are due and payable as specified in the service agreement. We reserve the right to suspend or terminate services for non-payment of fees.

6. User-Generated Content

If you submit content to the website, you grant PropSurge a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and promoting the services.

6.1. Content Responsibility

You are solely responsible for any content you submit to the website. You warrant that you have all necessary rights, licenses, and consents to grant us the license above.

6.2. Prohibited Content

You agree not to submit any content that:

• Is unlawful, defamatory, harassing, threatening, or invasive of privacy or publicity rights
• Contains viruses, Trojan horses, or other harmful computer code
• Violates any intellectual property or other proprietary rights of any party
• Is false, misleading, or deceptive
• Advocates illegal activity or conduct that is harmful to minors

7. Privacy and Data Protection

Your use of the website is also governed by our Privacy Policy, which forms part of these Terms and Conditions. Our Privacy Policy explains how we collect, use, and protect your personal information.

7.1. Data Collection

We collect and process personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

7.2. Security Measures

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.

8. Disclaimers

The website is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.1. No Warranty

We do not warrant that the website will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the website will be accurate or reliable.

8.2. Limitation of Liability

In no event shall PropSurge, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or other intangible losses, resulting from your use of or inability to use the website.

9. Indemnification

You agree to indemnify and hold harmless PropSurge, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in any way connected with your breach of these Terms or your violation of any law or the rights of a third party.

10. Term and Termination

These Terms shall remain in full force and effect while you use the website. We may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason or for no reason, including in our sole discretion.

10.1. Effect of Termination

Upon termination, your right to use the website will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Governing Law

These Terms and your use of the website shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the laws of the State of New South Wales, without regard to its conflict of law principles.

11.1. Jurisdiction

You agree that any legal action or proceeding brought by PropSurge against you for breach of these Terms or otherwise relating to your use of the website shall be brought exclusively in the courts located in Sydney, New South Wales, Australia.

12. General Provisions

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of PropSurge to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

12.1. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer any of our rights or obligations under these Terms.

12.2. Entire Agreement

These Terms constitute the entire agreement between you and PropSurge concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

13. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

By Email: legal@propsurge.com.au
By Phone: 1300 PROPSURGE (1300 776 778)
By Mail: PropSurge, Legal Department, Level 1, 123 Business Street, Sydney NSW 2000, Australia