In these terms and conditions:
- the following words shall have the meanings assigned to them unless the context in which they are used requires otherwise:
- “Association Manager” means any person or company that is engaged in the professional management of Owners Associations.
- “Content” means any content on the Site that has been provided by You, an Owners Association, an Association Manager or a User, other than content in respect of which we have expressly acknowledged ownership of intellectual property rights by another party.
- “MyCommunity Payment Gateway” means an electronic credit card payment gateway provided by Mashreq Bank for Owners Associations in the United Arab Emirates.
- “Owners Association” means an owners association, body corporate, owners corporation, homeowners association or any similar entity, corporate or incorporate, constituted as a consequence of, or following, a common interest subdivision of buildings or land which is connected to the site via web services or otherwise;
- “Site” means the web site www.my-community.com and includes all sub-domains of that site;
- “Terms” means these conditions of use;
- “User” means any person who uses the Site;
- “You” and “Your” means you, being the person who has accepted these Terms; and
- “We”, “Us” and “Our” means Mystrata Pty Ltd (ACN 096 289 253) a company duly incorporated in Queensland, Australia or Mystrata Middle East FZ LLC, a company duly incorporated in Dubai Internet City, Dubai, United Arab Emirates, depending upon the jurisdiction in which You are domiciled; and
- headings are for convenience only and are not to be considered in the interpretation of these Terms.
By electing below to accept these Terms you agree to be bound by them and to comply with them in every respect.
- Password protection
You are responsible for maintaining the confidentiality of Your password and for any unauthorised use of Your password.
- Intellectual Property Rights
You acknowledge that You have been informed that Mystrata Holdings Pty Ltd (ACN 124 911 673), a company duly incorporated in Queensland, Australia, is the Owner of all right, title and interest, including the Intellectual Property Rights, in respect of this Site, its Content and all associated and related manuals, works or materials, all of which are protected at least by copyright, unless otherwise indicated. Mystrata Holdings Pty Ltd reserve all rights. You also acknowledge that Mystrata Holdings Pty Ltd has the absolute right to any suggestions, ideas, enhancement, requests, feedback, recommendations or other information provided by You, a User, or any other person relating to the Site.
- What You must not do
In using this site You must not:
- post information or material that is:
- false or misleading;
- unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or racially, ethically or otherwise objectionable;
- offensive to the religion, morals or culture of any people;
- that is, in Our absolute opinion, disruptive, argumentative or unsuitable for publication; or
- subject of copyright or other intellectual property rights;
- post any:
- commercial advertising messages or solicitations, including any URL containing a referral code or referral address;
- material that You do not have a right to transmit under any law or under any contractual or fiduciary relationship (e.g. information obtained or disclosed as part of an employment or under a non-disclosure agreement);
- ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or similar materials;
- use foul or offensive language or deride or ridicule other people;
- use any commercially related graphics, pictures or banners, including signatures, on any social networking post;
- provide links, including ‘blind or hidden’ referral links, to businesses or pages with advertising;
- use for advertising or solicitation purposes any information You obtain from the Site about an Owners Association or its owners or residents;
- collect, store or use any personal data about any other User that You may obtain during the course of using the Site;
- copy, publish or otherwise use material on the Site for any purpose other than its intended purpose, unless You obtain the prior written permission from Us and the Owners Association to which that material relates;
- do anything that restricts or inhibits the use of the Site by any other person; or
- use the Site to harvest e-mail or other information about other Users of the Site or an Owners Association or its owners or residents.
If you breach any of those obligations We, or the web administrator, may remove the offending material from the Site without prior notice to You and take any other action, including legal action against You, reasonable in the circumstances. Any failure or delay on Our part, or on the part of the web administrator, to take action does not constitute a waiver of Our or their right to take action at a later time.
- What You must do
In using this site You must:
- immediately notify the web administrator of any unauthorised use of Your password or any other breach of security;
- keep the compulsory component of Your contact information and personal profile up to date;
- notify the web administrator immediately You cease to be qualified to use the site in Your current capacity (i.e. if Your status as a board member, unit owner or occupier changes); and
- comply with all relevant laws, regulations and directions.
We, or the web administrator, may at our sole discretion and without prior notice to You, terminate Your password and/or remove any content from the site.
- Dealings with advertisers
Any dealings You have with advertisers or service providers named on the site, including any promotions offered by them, are between You and them and We will not accept any responsibility in relation to non-performance or non-delivery by them or for any defects in products, materials or services provided by them. We will not be responsible in any way for any loss or damage You may suffer as a result of any such dealings.
This site may provide links to other World Wide Web sites or resources. You acknowledge that We:
- have no control over the content of any such sites or resources;
- are not responsible if those sites or resources are not available for any reason;
- do not endorse the content of any such site or resource; and
- will not be responsible for nor liable for any content, advertising, products or other materials on or available from those sites or resources.
By logging on to this site You understand and agree that:
- Your use of the Site is at Your sole risk;
- We do not accept responsibility for the accuracy or reliability of any information posted on the Site, whether as part of the Site or by means of electronic messaging or other communication;
- the Site, information and services available from it are provided on an ‘as is’ and ‘as available’ basis;
- We do not accept responsibility for the completeness or accuracy of any legally related information on the Site and You acknowledge that You must not rely on that information as a substitute for professional legal advice;
- We are not responsible for the completeness or accuracy of any data, information or documents drawn from any web based strata management system used by any Association Manager or Owners Association, including without limitation, the system known as Strataware;
- We and the web administrator expressly disclaim all warranties of any kind, whether express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement; and
- neither We, nor the web administrator, will be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through the Site, or any other site or resource referred to in clause 8 above.
You indemnify Us and the web administrator and agree to keep Us and the web administrator and our respective employees, contractors and agents, indemnified and harmless from any claim or demand, including legal fees on a lawyer and own client basis, made by any third party due to or arising out of:
- content You submit, post to or transmit through this site;
- Your use of this site;
- Your violation of these Terms; or
- Your violation of any rights of another.
- Change of Terms
We may change these Terms at any time without prior notice. If We change these Terms We will post a notice to that effect on the Site and keep that notice posted for a period of 30 consecutive days. However, the change shall be effective from the date We make the change.
- Service of notices
If We need to serve a notice on You, or otherwise communicate with You, We will do so via e-mail and You agree to accept all such notices or communications via e-mail. You will be deemed to have received Our notice or communication 24 hours after it is transmitted by Us, unless We receive a notice of non-delivery of the e-mail.
If any clause, paragraph or sentence of these Terms are found to be invalid, void or unenforceable, the remaining provisions of these Terms will continue in full force and effect.
- Privacy statement
You acknowledge that as a User of the Site:
- You have the opportunity to enter data, photographs and other information about Yourself and the Owners Associations in which You are a stakeholder;
- a purpose of the Site is to promote social interaction among stakeholders in an Owners Association and across multiple Owners Associations;
- We will not use any Content in a way that breaches the confidentiality of the individual persons who entered that Content;
- We will not disclose any personal information about You to any other person;
- We have the right to communicate to You to promote use of the Site, any goods or services offered on the Site, or to regulate the way in which the Site is used;
- You may choose to opt out of various communications by making the appropriate election within the preferences section of the Site, but in this event We and the web administrator reserve the right to communicate with You in the event of an emergency or special circumstances warranting such communication; and
- We cannot protect the privacy of any person where that person enters information on any public or semi-public section of the Site where that Content is available for viewing by other Users.
- Use of online payment facilities
This sub-clause 16 only applies to Users or Owners Associations that use the MyCommunity Payment Gateway.
- Any and all payments made through the MyCommunity Payment Gateway are subject to your Owners Association management agreement. Consequently, We and / or the vendor/Owners Association are under no obligation to accept any payments not made in accordance with the sale agreement and / or following its termination and you hereby acknowledge and accept that any receipt of payment through the MyCommunity Payment Gateway or otherwise shall not be deemed or construed as an acceptance of such payment or waiver of right to reject payment at a later date.
- It is your responsibility to ensure that payment is correctly and timely received by Us and / or the vendor/Owners Association. Accordingly, We accept no liability whatsoever in this respect, and are under no obligation to notify You of any incorrect, rejected and / or declined payments. You shall also ensure that sufficient credit is available and in the event of a "declined" credit card payment, it is your responsibility to pay any additional fees and / or charges levied by either a nominated financial institution or Us or the vendor/Owners Association and you shall remain responsible to pay any due amounts. Without prejudice to the foregoing, You shall notify Us immediately in the event of any failed transaction or if You face or encounter any technical problems associated with the MyCommunity Payment Gateway or its use.
- If any transaction is found to be incorrect, unauthorized or fraudulent, payment may be reversed and payments shall remain due. Payment transactions will be processed on the day the transaction is submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed the next working weekday. All transactions will be processed without delay, however We and / or the vendor/Owners Association expressly disclaims any and all liability for processing delays, which may occur in any circumstance. Payment is not accepted (not deemed made) until the funds have cleared.
- Refunds of any payments (if any) made through the MyCommunity Payment Gateway are subject to the terms and conditions of the Owners Association management agreement.
- It is your responsibility to maintain document evidencing payment though the MyCommunity Payment Gateway.
- Any service or maintenance requests made through the MyCommunity Payment Gateway shall be subject to the Owners Association management agreement.
- Updated service requests, payments or other requests made through the MyCommunity Payment Gateway shall be processed as soon as possible, unless the transaction is submitted on a weekend or non-working weekday.