Date of issue: 24th August, 2020
Version no. 3
AssetOwl collects personal information for the purpose of your use of the Services including the Pirsee platform (the Platform) and in connection with AssetOwl’s dealings with you. The purposes for which personal information is collected, kept and used include, but are not limited to, the following:
1. Allowing you to have access to and use the Services.
2. Contacting you in relation to your use of the Services.
3.Allowing payment for the Services provided to you.
4. Verifying information provided by you.
5. Investigating any allegation that you are misusing the Services or in breach of the AssetOwl User Agreement.
6. Sending emails, a newsletter or other material regarding the Services or related issues to you.
7. Analysing information for the purpose of improving the Services.
Personal information must not be provided by any person other than the individual whose personal information is being provided or with the authority of that person. All personal information provided by you must be true and accurate.The personal information collected by AssetOwl includes the following:
1. Your name, email address and other contact details.
2. The information provided by you when you sign up to use the Services.
3. Details of any credit card or other means of payment for the Services.
AssetOwl may use your personal information for the purposes set out above and you consent to such use.AssetOwl may also use your personal information for the purpose of direct marketing to you of goods and services which AssetOwl considers may be of interest to you (including the goods and services of third parties). You consent to the use of your personal information for this purpose subject to your right to opt out at any time.If you do not wish to receive such marketing material, please send an email to firstname.lastname@example.org. You can also opt out by unsubscribing to the communication which is sent to you.
Mix Panel: https://mixpanel.com/legal/privacy-policy/
Google Analytics: https://www.google.com/analytics
If any of your personal information changes, you should notify AssetOwl as soon as reasonably possible by sending an email to email@example.com.
You may at any time request the personal information provided by you by sending an email to firstname.lastname@example.org.
If you have any complaints about the collection, keeping, use or disclosure of your personal information or about other privacy issues, please send an email to email@example.com.
If at any time you do not wish to have your personal information held by AssetOwl you must notify AssetOwl and AssetOwl will remove all personal information (provided that AssetOwl may retain such information as is reasonably required for the purposes of its dealings with you and the keeping of records it is required to maintain). You cannot use the Services after your personal information has been removed by AssetOwl.
AssetOwl or its contractors may monitor the traffic and activity on the AssetOwl website and use of the Services, including your activities, for the purpose of assessing the performance of the website and the use of the Services.
AssetOwl or its contractors may also monitor your activities on the website for the purpose of placing advertisements on the website at times you are using the website, including advertisements which may be selected on the basis of your use of the website.
AssetOwl collects, uses and may disclose data and other information provided by users of the Services and the website for the purpose of providing reports and other information to AssetOwl and businesses with which it deals. In doing so, AssetOwl will not disclose your identity or any other personal information to third parties.
AssetOwl collects, uses and may disclose data and other information compiled from use of the Services or website for the purpose of commercialising such data and other information. In doing so, AssetOwl will not disclose your identity or any other personal information to third parties
The server for hosting the Website and providing the Services is presently located in a jurisdiction outside Australia and your personal information will be held on such servers.You consent to this.
If you have any questions or comments regarding this policy or any issues relating to privacy issues please send an email to firstname.lastname@example.org.
Pirsee User Agreement. This document sets out the terms and conditions on which AssetOwl agrees to provide access to the Pirsee platform. By registering or otherwise agreeing to use Pirsee, you are agreeing to these terms and conditions. You acknowledge that a legally enforceable agreement exists between Asset Owl and you when you register or otherwise agree to these terms and conditions. If you do not agree to these terms and conditions, you must not register to use Pirsee
In this agreement:
(a) AssetOwl means AssetOwl Technologies Pty Ltd (ACN 601 135 282)
(b) Pirsee means the Pirsee platform for the delivery of property inspection reports using audio, video and other means and associated features and functionality as described during the process by which you sign up to use Pirsee.
(c) you means the person registering to access and use Pirsee pursuant to the process by which you sign up to use Pirsee and, where you are signing up on behalf of a company or other entity, includes that company or other entity.
(d) Services means the services made available on the Pirsee platform as described during the process by which you sign up to use Pirsee and includes the Additional Services (if any).
(e) Additional Services means any additional services described during the process by which you sign up to use Pirsee including any training,implementation or support services.
(f) Term means the period specified during the process by which you sign up to use Pirsee and subject to any extension of term described.
(g) Third Party Facilities means any facilities, platforms, products,services, applications or other resources provided by third parties which are used in the delivery of the Services or which are provided or used with the Services and which include (without limitation) resources by which the Services are provided over the internet, hosting services and facilities, facilities by which payment or other financial transactions are concluded, or the services,products or software of third parties with which Pirsee is used,integrated or connected.
(h) Trade Marks means the trade marks “Pirsee”, "AssetOwl" and any other trade mark used by AssetOwl in relation to Pirsee.
(i)GST means Goods and Service tax, imposed at a rate of 10% on the value of the fee charged by AssetOwl.
1. Your Registration. On registering or otherwise agreeing to use the Services, you warrant and represent that: (a) the information you provide to AssetOwl is true, complete, accurate and up to date; (b) you will not provide AssetOwl with any inaccurate, misleading or false information; and (c)you are at least 18 years old or you have complied with registration procedures for persons under 18. You must: (a) ensure that your information is updated on a regular basis to ensure that it is true, complete, accurate and up to date at all times; (b) keep your registration information, including any password or other security information, secure such that it can only be used by you or a person authorized by you; (c) not allow any other person to use your registration; (d) not divulge your password or other registration information to any other person save as permitted by these terms and conditions; and (e)not make Pirsee available to any other person using your registration except where AssetOwl has agreed to this occurring pursuant to these terms and conditions. You must immediately notify AssetOwl of any breach of security or unauthorized use of your registration. You are responsible for all use of the Services using your registration and will indemnify AssetOwl (together with each of its related bodies corporate, directors, officers, employees, agents and contractors) for any loss or damage suffered as a result of any unauthorized use of your registration.
2. Services. AssetOwl will provide the Services, including any Additional Services, to you for the Term pursuant to this agreement. AssetOwl will use reasonable efforts to make the Pirsee platform available 24 hours a day 7 days a week subject to:(a) scheduled downtime for maintenance, upgrade and other purposes, notice of which will be given to you; (b) unavailability or downtime of Pirsee caused by circumstances beyond the reasonable control of AssetOwl or as a result of the failure of or defects in Third Party Facilities or in taking steps to remedy any breach of security or any unauthorized access to or use of Pirsee; (c) any reasonable limitations imposed on access to or use of the Services by AssetOwl from time to time, notice of which will be given to you.
3. Payment. You agree to pay for the Services as described during the process by which you sign up to use Pirsee subject to these terms and conditions. You will not be provided with access to the Services until payment in full is received by AssetOwl. All payments are non-refundable, subject to the warranty and liability provisions set out below. AssetOwl may adjust the amounts payable from time to time by providing an amended pricing schedule to you. By continuing to use the Services you agree to the amended pricing schedule.
4. Intellectual Property. AssetOwl retains ownership of all intellectual property rights (including, without limitation, any patent, design right,copyright, confidential or proprietary information, know how, trade mark,domain name or other right) in relation to Pirsee. AssetOwl grants to you a non-exclusive, non-transferable, personal licence to use the Services for their intended purpose and for no other purpose. All other rights are reserved and no other licence is granted. You must not permit any unauthorized person to access, use, receive, copy, exploit or commercialize Pirsee. By uploading material to Pirsee, you grant to AssetOwl a licence to include such material on Pirsee for the purpose of your use of Pirsee and for the other purposes referred to in this agreement, including the collection and use of data. You must not reverse engineer, decompile, disassemble or otherwise interfere with the software for Pirsee, or permit any other party to do any such act. You must not disable or attempt to disable any device installed in the software for Pirsee which controls its security or use. You will not access or use Pirsee for the purpose of developing a platform for the delivery of services which are competitive with Pirsee. If you make any suggestions or provide feedback or a testimonial in relation to Pirsee, AssetOwl may use such suggestions or feedback or testimonial without any payment or other consideration due to you. You grant to AssetOwl a perpetual,irrevocable, worldwide and royalty-free licence to use any suggestions or feedback or testimonial relating to Pirsee.
5. Confidentiality. Each party will keep confidential any confidential information belonging to the other party disclosed pursuant to this agreement. Confidential information belonging to AssetOwl includes the unpublished content and methodology of Pirsee, AssetOwl’s dealings with you and any other information relating to Pirsee, and the business, operations or products of AssetOwl, but does not include information in the public domain or information which subsequently enters the public domain or which you can establish was known to you prior to disclosure by AssetOwl (except as a result of a breach of an obligation of confidence owed to AssetOwl).
7. Warranties. AssetOwl warrants that Pirsee will substantially conform to the description of Pirsee as described during the process by which you sign up to use Pirsee. AssetOwl does not warrant that the Services will be provided error free or will be available at all times. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions, guarantees, warranties, rights or remedies are excluded.
8. Liability. For the purpose of the following clauses dealing with liability, all references to Pirsee are a reference to AssetOwl together with each of its related bodies corporate,directors, officers, employees, agents and contractors.
9. Access and use. You must take your own precautions to ensure that the processes which you employ for accessing and using the Services do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. AssetOwl does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of Pirsee.
10. Remedies. To the maximum extent permitted by law, AssetOwl’s liability and your sole remedy for breach of any express warranty, or guarantee, warranty, right or remedy implied or conferred by law, is limited to, at AssetOwl’s option, one or more of: (a)supplying the Services again; or (b) payment of the cost of having the Services supplied again.
11. Exclusion. Except as expressly provided elsewhere in this agreement or where liability cannot be excluded by operation of law, AssetOwl will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise)in respect of any loss or damage which may be suffered or incurred by you in relation to the availability or your access or use of Pirsee.
12. Consequential loss. AssetOwl will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise)for any special, incidental, indirect, or consequential damages whatsoever(including, without limitation, damages for loss of revenue, business or profits, loss resulting from business interruption, loss of data, loss resulting from any claim by any third party or any other pecuniary loss)arising out of the availability or your use of Pirsee.
13.Reliance. You acknowledge that AssetOwl relies on Third Party Facilities to deliver the Services and that such Third Party Facilities may fail or malfunction or not be available through no fault of AssetOwl. To the maximum extent permitted by law, AssetOwl will be under no liability to you and liability is excluded(whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you which is caused, or contributed to, by a defect, fault or failure of any Third Party Facilities or if Third Party Facilities are not available.
14. Use of information. To the maximum extent permitted by law, AssetOwl accepts no responsibility for, and excludes liability for, any interpretation or use of material, content, data, results or other information generated by use of Pirsee by you or any other person. You acknowledge and agree that such material, content, data, results or other information may contain errors or omissions. Without limiting any other provision in this agreement, AssetOwl will not be liable to you (whether for breach of contract, negligence or otherwise) for any loss or damage suffered by you or any third party by reason of any reliance on or the interpretation or use of any material, content, data, results or other information generated by use of Pirsee or for any error or defect or omission arising out of the use of Pirsee.
15. Security. AssetOwl will adopt and implement measures to protect the integrity and security of Pirsee, such measures being of the type and standard reasonably to be expected of a provider of services of the sort provided by AssetOwl. You acknowledge that the integrity or security of Pirsee may be compromised even where such measures are adopted and implemented or where there is a failure of the owners or operators of Third Party Facilities to protect the integrity and security of information provided by you or third parties. Subject to any law or statute which prohibits the exclusion or limitation of any guarantee, condition, warranty, right or remedy, AssetOwl will be under no liability to you and liability is excluded(whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you or any third party as a result of any breach of security which results in unauthorised access to Pirsee or access to your information including personal information.
17. Compliance. You must comply with any law, legislation, regulation or code of practice applicable to your use of Pirsee. You must not use Pirsee for any illegal purpose including (without limitation): (a) sending or making unlawful, harassing, defamatory, libelous, tortuous, abusive, threatening, or obscene communications of any kind; (b) posting, publishing or disseminating material that infringes or violates any third party's proprietary or intellectual property rights; (c)posting, publishing or disseminating material that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; (d) posting, publishing or disseminating objectionable material,including without limitation, content that contains bigotry, racism, or hatred,or that promotes illegal activities or physical harm against anyone; or (e)posting, publishing or disseminating spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
18. Surveillance devices. Without limiting the above, in using Pirsee you must comply with all laws relating to the use of surveillance or listening devices. You must not upload to Pirsee any audio or video material of any private conversation or activity without the consent of each person involved in such activity or conversation. Where required, you must obtain the consent of any person who features in any audio or video material and in uploading the material you represent that such consent has been obtained. Where you feature in any audio or video material, you consent to it being uploaded to Pirsee and its subsequent use.
19. Use. You agree that, in using Pirsee, you must: (a) only use Pirsee in the manner specified by AssetOwl from time to time; (b) not disrupt or interfere with another subscriber's use or enjoyment of Pirsee;(c) not use or attempt to use another person's account, service or system; (d) not attempt to obtain unauthorised access to or disrupt or interfere with the use or security of Pirsee or any servers or resources used in the delivery of Pirsee; (e) not systematically extract, collect or harvest, through electronic means or otherwise, any data or data field or other content on Pirsee; (f) not disrupt the normal operations of Pirsee; (g) not post any material which contains viruses or other computer codes,files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and (h) comply with all applicable laws and regulations related to privacy and data collection.
20. Termination. AssetOwl may terminate your right to access Pirsee with immediate effect by giving notice to you if: (a) you are in breach of this agreement and the breach is not capable of be ingremedied; (b) you are in breach of this agreement and, in the case of a breach which is capable of being remedied, you fail to remedy the breach within 30 days of receipt of written notice of the breach; (c) you fail to pay any amount due to Pirsee; or (d) at the absolute discretion of AssetOwl, AssetOwl no longer wishes to allow you to access Pirsee. AssetOwl may suspend your use of the Services at any time if AssetOwl reasonably believes that you are in breach of any of these terms and conditions. You may terminate your access to and use of Pirsee at any time by following AssetOwl’s procedure for unsubscribing (subject to payment of any amounts due during any notice period or other fees). Any amounts paid by you prior to unsubscribing are not refundable. If your right to access Pirsee is terminated or you unsubscribe, you must immediately stop using Pirsee and must not attempt to access Pirsee.
21. Severability. If any provision or part of a provision of these terms and conditions is held to be illegal, unenforceable or otherwise invalid, that provision or part will be deemed to be severed from these terms and conditions and the remainder of the agreement between AssetOwl and you will continue in effect.
22. Indemnity. You will indemnify AssetOwl (together with each of its related bodies corporate,directors, officers, employees, agents and contractors)and keep each of them indemnified against any loss or damage suffered by AssetOwl arising out of any breach of this agreement by you including (without limitation) any loss or damage arising out of any claim by any third party against AssetOwl.
23. Governing law. These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia.
24. Amendment. AssetOwl reserves the right to amend or vary these terms and conditions from time to time. Amendments or variations to these terms and conditions will be effective within 14 days of AssetOwl providing notice to you. Your continued use of Pirsee following the receipt of such notice will represent an agreement by you to be bound by the terms and conditions as amended and such amended terms and conditions will apply to any future use Pirsee.
25. Changes. AssetOwl may change the features and functionality of Pirsee from time to time.You agree that AssetOwl is entitled to make such changes and that these terms and conditions apply to Pirsee as amended from time to time.
26. Force majeure. To the maximum extent permitted by law, AssetOwl will not be liable for and all liability is excluded in relation to or arising from any event which is beyond the reasonable control of AssetOwl including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.
27. Entire Agreement. These terms and conditions constitute the entire agreement between the parties in respect of the supply of the Services. This agreement supersedes all prior representations, warranties, agreements, understandings, negotiations and discussions whether oral or written, express or implied, collateral or otherwise, by or between the parties pertaining to the subject matter of this agreement.
28. Notices. Any notice to be given by a party pursuant to this agreement must be in writing and may be given by email which will be deemed to have been received by the recipient on the date on which it was sent unless a notice is received by the sender stating that the email was not able to be delivered or the recipient can establish that the email was not received. Where a notice is sent or received on a day which is not a business day in Western Australia, it will be deemed to have been sent and received on the next business day in Western Australia.
29. Assignment. This agreement is personal to you and must not be assigned by you except with the prior written consent of AssetOwl (which consent will not be unreasonably withheld). AssetOwl may assign the benefit of this agreement to a third party.