- Vault Protected

TERMS OF SERVICE

Thank you for visiting the PropertyVAULT website.

The PropertyVAULT website is owned and operated by Property Vault International Pty Ltd (ACN 626 964 565) and is part of a series of online property vaults designed to protect moveable assets and counter theft.

Introduction

These Terms of Service (“Terms”) state the terms and conditions by which you may use our websites, products and services. Please read these Terms carefully and don’t hesitate to contact us if you have any questions.

By accessing and/or using this website and related services, you agree to these Terms, which include our Privacy Policy.

In these Terms, 'us', 'we' and 'our' means Property Vault International Pty Ltd and our related bodies corporate, websites, products and services (“PropertyVAULT”).

In these Terms, the word ‘property’ may refer to types, categories, or items of property such as bicycles, motor vehicles and related (e.g. cars, trucks, motorcycles, buses, earthmoving equipment, trailers) marine vehicles and related, caravans, trailers, motorhomes, farm-related (e.g. livestock vehicles and equipment), industrial machinery and related, electronics-related (e.g. phones, tablets, computers, cameras, audio equipment), jewellery, watches, art, collectibles, sporting equipment, musical instruments, and pets.

By using PropertyVAULT, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and you represent and warrant that you are at least 18 years old.

If you are accepting these Terms on behalf of another legal entity such as a company, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree to any of these Terms, then you are not permitted to use PropertyVAULT.

By using PropertyVAULT you agree to these Terms. You may not assign your agreement to these Terms to anyone else.

These Terms and all associated documents and policies referred to within constitute the entire agreement between you and PropertyVAULT and supersede and replace any prior representations, understandings, contract or oral or written statements regarding PropertyVAULT.

We may change these Terms at any time without notice.  Any amendment will be effective immediately.  Your use of PropertyVAULT after any amendment constitutes an agreement by you to comply with, and be bound by, the corresponding amended terms.

Membership

Certain services on our websites require you to register as a PropertyVAULT member by creating an account with PropertyVAULT before you can use them. These services include: 

  • registering property;
  • creating a sale report;
  • transferring property registration between members;
  • reporting stolen property;
  • making a claim for ‘Owner Wanted’ property;
  • receiving “stolen property” email alerts; and
  • Submitting a tender for recovered insurance property.

Law enforcement members may also access services that are not available to other members. These services include:

  • posting a Police Recovered - Owner Wanted property; and
  • accessing a “Master View” of stolen property reports and any information received in relation to stolen property.

Once your account is activated you will be assigned a member ID. The email and password you supply are used (together with Multi-Factor Authentication if you chose this option) to access your account.  You are responsible for keeping your login credentials confidential. You agree that the information supplied upon registration is accurate and current. If you believe your account has been compromised or misused, you will contact us immediately at admin@propertyvault.com.au.

Data Storage

We store property information for our members. A member is a person that creates a PropertyVAULT account.

Property information can include details about the property’s ownership and transfer history, sale information and theft history (if applicable).  This information is used by law enforcement working together with the public, to identify and find owners of property.

We store limited personal information of members primarily for this purpose - to be able to identify and contact members if and when their property is found. This information stored and managed securely with encryption technology.

If you choose to become a member of PropertyVAULT, you may add, delete and/or modify information about you and any property you register or post in PropertyVAULT websites or social media channels.

Any personal data which you submit to us is in accordance with our Privacy Policy, which form part of these Terms. Our Privacy Policy provides information on the use and care of personal information.

Property Recovery                 

Our products and services are intended to counter property theft.   In performing our services, we assist law enforcement agencies investigating property theft.

You may access information on, or receive information through, our websites which enables you to identify stolen property and/or identify the person who stole it, or a person or company engaged in the sale of stolen property.

You will report such information to law enforcement and allow law enforcement to take appropriate action. You must not seek to recover stolen property yourself or confront the person you believe stole it, or is selling it.  In all cases, you should seek the immediate advice of the appropriate law enforcement agency in your particular state or territory.

Property Registration Transfer

The Property Registration Transfer facility is an optional facility for members, which enables the transfer of registered ownership of property from one person/entity to another.  We do not warrant the authenticity any of the information and photographs transferred and nor is it compulsory for a registered user to transfer registration upon sale or at any other time. 

Registered individual and commercial users may optionally transfer their property registration information and photographs to another registered member of PropertyVAULT.

To initiate the transfer, the transferor requires the transferees’ email address. The transferor is responsible for ensuring they obtain the correct email address of the transferee and are responsible for the information and photographs that they transfer. We recommend prior to transferring registration that the transferor edits and updates the property details (when required) and that they remove the following by editing their registration form before actioning the transfer:

  • any personal information, including the purchase receipt;
  • any personal photographs or photographs of parts or accessories that do not form part of the transfer.

When transferring the registration as a result of a sale, we recommend that transferor does not commence the transfer until the sale is complete and the payment of the property has been settled.

When a public member transfers their property registration, the date of transfer, member name and ID is displayed in the Transfer History section of the Log Book.   If the registration is further transferred the logbook will continue to update the transfer history.  Upon further transfer, all information except the recorded name of the original public transferor is displayed in the new transferees’ logbook. 

When a shop/commercial member transfers registered property, the shop/commercial members registration business name, suburb, state/territory, phone number and member ID is displayed in the Transfer History section of the logbook.  This information remains viewable in the logbook for all future transfers.  

Sale Reports

PropertyVAULT’s Sale Report displays date-stamped registration information and photographs as well sale declaration information and links (optional) to online sites, where the property is advertised for sale.  The purpose of the Sale Report is to provide information for purchasers to conduct thorough due diligence when buying used property or new property from an unknown seller. 

We do not warrant the authenticity of any information or photographs in any Sale Report, including the identity of the seller, the current and any prior registered owner. The information in Sale Reports should only be used as an aid when conducting thorough due diligence. We do not recommend purchasing property online without a thorough physical inspection to make sure the property is not stolen.  We do not run cross-checks of registered and stolen property on our websites.

Website Terms

By using PropertyVAULT websites you accept the following terms and conditions.

PropertyVAULT websites include any of the following elements:

  • the layout of websites;
  • individual elements of website design;
  • underlying code elements; or
  • text, sounds, graphics, animated elements or any other content of our websites.

As you browse through this website you may access third party websites that are subject to different terms of use. When using these other sites, you will be bound by the terms and conditions posted on those websites.

Disclaimer

The content on our websites is provided by us in good faith on an “as is” and “as available” basis for general information purposes only and is not intended to constitute or substitute legal or professional advice.  All information available on this website is prepared so that it is current as at the date of writing.  Information can rapidly become out of date. You must make your own assessment of the information and rely on it wholly at your own risk.

We make no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on PropertyVAULT websites. We may, from time to time, change or add to our websites without notice. We do not undertake to keep our websites updated. We are not liable to you or anyone else if errors occur in the information on our websites or if that information is not up-to-date.

We cannot and do not guarantee that the content of our websites will always be correct or fault, error, and virus free, or that access to our websites will be uninterrupted.  We do not accept liability for incorrect content or errors and omissions in our websites or the corresponding content (whether of typographical, technical, or other nature) but will endeavour to correct them as quickly as practicable.  We will not be liable for any interference with or damage to your computer systems that may occur in connection with use of our websites or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using our websites.  You must take your own precautions to ensure that whatever you select for your use from our websites are free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with our websites or any use of the content provided on our websites.

We will in no way be liable to you or anyone else for any loss or damage, however, caused, which may be directly or indirectly suffered in connection with third-party websites that are hyperlinked from this website.

To the extent permitted by law, all representations, warranties, and other terms are excluded.

This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on PropertyVAULT websites.

Use

You agree that you will not hack into our websites or employ any robot, spider or other device or process to use our websites for unauthorized purposes.  You further agree that you will not take any action or do anything which imposes an unreasonable burden on our websites.

User rights and intellectual property rights

PropertyVAULT websites are PropertyVAULT ‘s copyright property unless otherwise noted.  All rights are reserved.

Other than for the permitted purposes noted in these Terms and for the purposes of, and subject to, the conditions prescribed under statutes that apply in your location, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our websites;
  • or commercialise any information, products, or services obtained from any part of our websites, without our written permission.

All rights in our websites and the corresponding content including copyright, design rights, patents, inventions, know-how, database rights, trademarks, source codes, and any other intellectual property rights in any of the foregoing are reserved to PropertyVAULT.

All trade names, trademarks, service marks, and other product and service names and logos (the “Marks”) displayed on the website are proprietary to their respective owners and are protected by applicable trademark and copyright laws.

Nothing contained on our websites should be construed as granting any licence or right of use of any other person’s or entity’s trademark that is displayed on this website without their express permission.

Links

Our websites may contain links to other websites. These links are provided solely for your convenience only and may not remain current or be maintained.  We do not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which our websites offer links to.

You may use the homepage of our sites as a link but any other parts of our websites may not be linked without prior written consent from PropertyVAULT.

Your use of any link to a linked website is entirely at your own risk.

Alterations

We reserve the right to terminate, suspend or alter the content of our websites.  Furthermore, we also reserve the right to amend these website terms at any time.  Continued use of our websites after alteration of these terms constitutes acceptance of such alterations.

Licencing Terms

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use our software and any documentation provided by us in relation to the use of such software. This licence grant includes our software and all updates, upgrades, new versions and replacement software and, where applicable, as expressly authorised by our third-party licensors.

You may share PropertyVAULT content through social media and other communication channels provided that you do so in good faith to help recover stolen property. 

You may not rent, lease or otherwise transfer your rights to our software to a third party.

You must comply with any implementation and use requirements we specify in any documentation accompanying PropertyVAULT. If you do not comply, you will be liable for any resulting damages suffered by you, us and any applicable third parties.

You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code derived from our software.

All rights, title and interest to our software are owned by us.

We do not own, control nor have any responsibility or liability for any third-party software you elect to use in connection with PropertyVAULT.

We reserve the right to block, delete, terminate or otherwise act against you in the misuse of PropertyVAULT. Examples of misuse include (but are not limited to) that which is illegal, threatening, pornographic, obscene or otherwise what we consider to be unacceptable.  Specifically, you must not:

  • commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;
  • use PropertyVAULT to defame or libel us, our employees or other individuals;
  • post anything which is detrimental to or in violation of our systems or a third party's systems or network security;
  • post or transmit false, inaccurate, misleading information to or from our websites; or
  • transferring your account and member ID to another party without our consent.

We may review the information you attempt to post and to prevent the information from being posted to our websites. If we allow you to post any information to our websites, we have the right to take down this information at our sole discretion and without notice. 

You may not upload, post, e-mail, transmit or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity.

You may not upload, post, email or transmit otherwise any material that contains software viruses, trojan horses, worms, files, or programs intended to interrupt, destroy, deface or limit the use, access, or functionality of PropertyVAULT or related third party systems or networks.

You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

You may not use or access PropertyVAULT if you are our competitor, except with our prior written consent. In addition, you may not access PropertyVAULT for purposes of monitoring performance or functionality, or for any other benchmarking or competitive purposes.

You may not abuse or send excessively frequent requests in relation to PropertyVAULT.

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in these websites and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).

By posting any material on our websites, you warrant that you have the right to post the material and grant us a non-exclusive licence to use the material.

Any reproduction or redistribution of website and related Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support. Publication, reproduction or distribution is expressly prohibited except as otherwise stipulated. 

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

Compliance with Applicable Laws 

You may not use PropertyVAULT in violation of any applicable laws or for any purpose not permitted in these Terms.

We make no claims concerning whether PropertyVAULT is appropriate for use in your country of use. If you access PropertyVAULT, you do so at your own risk - you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

You will comply with all customs and export laws and all other applicable laws, statutes, ordinances and regulations relating to use of PropertyVAULT. You acknowledge that violations of these Terms could subject you to criminal or civil penalties.

Your use of PropertyVAULT and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms shall be governed by and construed in accordance with the laws of Victoria, Australia and the courts of Victoria, Australia shall have exclusive jurisdiction to resolve any disputes relating to these terms and conditions.

General warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about PropertyVAULT.

We may restrict, suspend or terminate your access to PropertyVAULT, any Content, or any feature with immediate effect if you breach these Terms.

To the maximum extent permitted by law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of PropertyVAULT.

General Matters

This Agreement shall be governed by the laws of Victoria and that you submit to the exclusive jurisdiction of the Supreme Court of Victoria or the Federal Court of Australia, as applicable.

If a provision of this Agreement would, but for this clause, be unenforceable:

  • the provision will be read down to the extent necessary to avoid that result;
  • and if the provision cannot be read down to that extent, it will be severed without affecting the validity and enforceability of the remainder of this Agreement.

You indemnify and hold us, our officers, directors, agents, and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, or your breach of any law or of the rights of a third party relating to your use of PropertyVAULT.

You indemnify us for any harm that may arise as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence.

Failure by us to enforce any of our rights or remedies under these Terms on any one or more occasions does not constitute a waiver of those rights and remedies for all time.

If you have a dispute with a user or member of PropertyVAULT, you forever release us, our employees, agents, and directors from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

To the maximum extent permitted by law, we will not be held liable for any loss of profit, revenue, or business opportunity, loss of information, business interruption, or any other direct, indirect, special, incidental, criminal, subsequent, or consequential damages whatsoever, arising out of or in any way related to PropertyVAULT. You have freely chosen to use PropertyVAULT and you accept any and all risks associated with its use.

Any dispute between the parties to these Terms will:  

  • first be discussed at a meeting of the parties to resolve the dispute in good faith;
  • second, if it cannot be resolved, be the subject of mediation administered by the Australian International Dispute Centre (“AIDC”);
  • and finally, if it cannot be resolved by mediation, be the subject of a binding arbitration conducted by AIDC.

Terms of Service - Updated April 2019

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