Platform Terms and Conditions
We are a subsidiary of Australia and New Zealand Banking Group Limited (ANZ). We are not an Authorised Deposit Taking Institution (also known as an ADI or a Bank) as defined by the Banking Act 1959 (Cth). The obligations of TheOneSpot do not represent a deposit or liability of ANZ or its related group companies, and none of them stands behind or guarantees TheOneSpot or its obligations.
The Platform is available at: https://www.theonespot.com.au. It may also be available through other addresses or channels, including on our mobile application. In these terms and conditions, all references to the Platform include the Platform when it is accessed through other web addresses or channels, including via mobile application.
Your use of the Platform is governed by these terms and conditions (Terms). By accessing the Platform you acknowledge that you have reviewed these Terms, and agree to be bound by them.
If you access or download our mobile application from:
- the Apple App Store; or
- the Google Play Store,
you agree to the Usage Rules in:
- for Apple Users - the App Store Terms of Service and the terms contained in the Apple App Terms; or
- for the Google Play Store - the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use third party APIs to provide you with the Platform (APIs). your use of these APIs is subject to their own terms. To the extent permitted by law, we exclude all conditions and warranties relating to APIs. In particular, we do not make any representations or warranties that APIs will be error free, or as to the accuracy, reliability or suitability of any information accessible via APIs.
Using the Platform
The Platform provides general information about real estate, the process of purchasing a home, and the financial products that may be available to home-buyers. It also provides generic tools and calculators that you can use to assess your own buying position (Services). Any information or calculation provided by us in this format is general in nature, and is not financial advice, or financial product advice.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You acknowledge and agree that:
- the Platform is for your personal, non-commercial use only;
- we do not control the behavior of Service Providers or other users of the Platform;
- we make no warranty or representation, express or implied, as to the fitness for purpose or suitability of any financial product, real estate purchase, or Service Provider and that the information we provide is for your reference purposes only (but subject to any rights you may have that are referred to at clause 8); and
- we have no liability for any actions or decisions you make as a result of using the Services or Provider Services.
You may use the Platform to:
- use the Services to organise and manage your property purchasing journey;
You must not do, or attempt to do:
- anything that is unlawful (anything prohibited by any laws which apply to the Platform or which apply to you or your use of the Platform) ;
- anything which we acting reasonably, would consider inappropriate or inconsistent with the purpose of the Platform;
- anything that would use the Platform, Services or any of the Content, for commercial purposes, including any action that competes with our business, or any advertising or advertising revenue generation activity for your business or some other business; or
- anything which might cause substantial harm to either us or the Platform including (but not limited to):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Platform to defame, harass, threaten, menace or offend any person;
- interfering with any user using the Platform;
- tampering with or modifying the Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Platform;
- anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, credit licence regulations or financial regulations; and
- using the Platform to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Registration and Profiles
You can browse and view the Platform as an unregistered user of the Platform. To access certain features of the Platform you must register on the Platform and create an account (Account).
You must provide basic information when registering for an account including your name, email address, and location. Your username will be your email address and you will also be asked to create a password.
You may register for an Account using your Google, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
You are responsible for keeping your Account and Profile details and your username and password confidential. You must not disclose your password to others or otherwise allow others to access your Profile. and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised those activities or actions.
You must immediately notify us of any unauthorised use of your Account that you learn about or suspect.
At our sole discretion, we may refuse to allow you to register or create an Account, or suspend, cancel or deactivate a particular Account or user.
The information provided by the Services is not comprehensive and is for general information purposes only.
The Services do not take into account your specific needs, objectives or circumstances, and are not ‘credit advice’ or ‘financial product advice’ (see also clause 2.1(a) above).
Content may be provided by us or a Service Provider. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep the Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property Rights
Unless otherwise indicated, we own all rights, title and interest (including intellectual property rights) in the Platform and all of the Content, or have the right to license you to use it as contemplated by these Terms. Your use of the Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with the Platform, including (without limitation) by:
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website; or
- creating derivative works from the Content.
If you are a third party providing personal information about someone else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Apple, Apple Pay, Apple Watch, Face ID, iPad, iPhone and Touch ID are trade marks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android, Google Play and the Google Play logo are trade marks of Google Inc.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on the Platform. By making available any User Content on or through the Platform, you (where applicable) grant to us a worldwide, non-exclusive, royalty-free licence to use the User Content, with the right (where applicable) to use, view, copy, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of the Platform.
You agree that you are solely responsible for all User Content that you make available on or through the Platform. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: The Platform may contain links to websites operated by third parties. You agree and acknowledge that:
- you engage with those third party sites and third parties at your own risk and must make your own investigations with respect to the suitability of those websites; and
- we do not control, endorse or approve and are not responsible for the content on those websites.
Discontinuance: We may, at any time and without notice to you, discontinue the Platform, in whole or in part. We may also exclude any person from using the Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
The services provided by a Service Provider might also confer on you certain Statutory Rights enforceable against that Service Provider.
Warranties, disclaimers and indemnity
To the extent permitted by law, and subject to clause 9 above, we make no representations or warranties about the Platform, the Content, Service Providers, Services or Provider including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free and free from viruses;
- the Platform will be secure;
- Services are of a particular standard of workmanship or meet the Listing description.
you read, use, and act on the Platform and the Content at your own risk.
Limitation of liability
Despite anything to the contrary, to the maximum extent permitted by law:
- Despite anything to the contrary, to the maximum extent permitted by law: our maximum aggregate Liability arising from or in connection with these Terms (including the Services and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of AUD $250; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
- loss of, or damage to, any property, or any injury or loss to any person;
- failure or delay in providing the Platform or the Services; or
- breach of these Terms or any law,
where caused or contributed to by any:
- event or circumstance beyond our reasonable control;
- fault, defect, error or omission in your computing environment; or
- act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services.
You acknowledge and agree that:
- you use the Platform, Content, Services and Provider Services at your own risk;
- the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs); and
- despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
You may cancel your Account and terminate these Terms at any time by contacting us by email, website or the mailing address contained at the end of these Terms.
We may suspend your Account or terminate these Terms immediately if you breach a material provision of these Terms, any applicable laws, regulations or third party rights.
If you have feedback, concerns or disputes regarding the Services, the Platform or the Content please contact us using the email, website or mailing address contained at the end of these Terms. We will seek to resolve your concerns as quickly as possible.
Variation: we may modify these Terms from time to time. We may do this by
- Inserting a pop-up on the Platform; or
- notifying your directly by email.
We will provide you with 7 days notice regarding any general changes to the Terms. We will only provide less notice if there is a change that we must implement more quickly in order to protect our legitimate interest (eg a security issue or critical technical update).
You must accept these changes before using the Platform. Using the Platform after you receive this notification will be taken to be your consent to the change. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: you may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 7 days’ prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: your use of the Platform and these Terms are governed by the laws of Victoria. you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Journeywise Pty Ltd trading as TheOneSpot ABN 65 631 846 681
Email: firstname.lastname@example.orgLast update: 20 September 2019