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Privacy Policy

Privacy Policy

 

Your privacy is important to us. It is STASH PROPERTY UNIT TRUST’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website,https://stashproperty.com.au, and other sites we own and operate.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.

This policy is effective as of 19 March 2021.

Last updated: 20 September 2022.

1. About this Privacy Policy

1.1 This Privacy Policy describes Stash Technologies Pty Ltd as trustee for the Stash Property Unit Trust’s commitment to safeguarding the privacy of the personal information that we may collect and process:

  • when you submit a contact or enquiry form on our website, send us an email or otherwise contact us;
  • when we discuss our services and/or fees with you;
  • in the course of your access to Stash (if you are a Stash customer or an officer or employee of a Stash customer);
  • when you sign up to receive updates from us via email or social media channels;
  • when you enter any of our competitions, contests, sweepstakes and surveys;
  • when you mention us on social media;
  • in order to supply our services to our customers; or
  • in connection with your application to work with us, and before, during and after your working relationship with us (if you are an employee or contractor of Stash).

1.2 You can read more about Stash, our services and fees on our website.

1.3 We are committed to complying with our privacy obligations in accordance with all applicable data protection laws, including the Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth) (each, an APP). If we decide to change this Privacy Policy, we will post the updated version on this webpage. Our policy is to always be open and transparent about our privacy practices.

1.4 Please read this Privacy Policy carefully and contact us if you have any questions. You can contact us on admin@stashproperty.com.au

2. Personal Information

2.1 When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Privacy Act 1988 (Cth). In general terms, it is any information that can be used to personally identify you. This information may include your name, address, telephone number and email address. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered “personal information”.

3. The types of personal information we collect and hold

3.1 If you subscribe to Stash, we will collect your first and last names, position, email address, phone number, mobile telephone number, address, employer/business name and the content of any contact and enquiry forms, emails or other correspondence you submit to us on our website or otherwise.

3.2 If you make any enquiry with us about any potential goods or services that you or your company may wish to acquire from us, we will collect your contact details, the content of telephone calls that we have with you and the information you include in any emails to us, or enquiry forms on our website.

3.3 If personal information about you is included in the data and services that we supply to our customers, we will collect your contact details from third party data providers and databases, for the purposes of processing and supplying it as part of the data and/or services that we supply to our customers.

3.4 If you have submitted an application to be employed by us, have submitted an expression of interest to be engaged by us, or you are currently or have previously been employed or engaged by us, we will collect your contact details and other information included in your CV and/or any expression of interest to us. We will collect any personal information that you provide to us during any meetings or interviews, or that we receive in the course of undertaking reference, background and/or criminal record checks about you. In the course of your employment or engagement with us, we may collect your tax file number, Australian Business Number, marital status and dependents, next of kin emergency contact information, bank account and superannuation details, salary, annual leave and benefits information, start date, end date, reasons for leaving, locations of employment, copy of identification, employment records (including job titles, work history, leave entitlements, working hours, holidays, training records and professional memberships), compensation history, performance information, health information, disciplinary and grievance information, CCTV footage and information about your use of our information and communications systems.

4. How we collect personal information

  • Our policy is to not collect personal information by means that are unfair or unreasonably intrusive. We only collect personal information that is necessary to provide, promote and operate our business.
  • We will not collect information about you from third-party sources, except as required to supply our services to our customers. The data that we obtain from third-party sources is used by us to provide the functionality of Stash. Some of the data that we obtain from third-party sources includes personal information. Some of that data that is not personal information may become personal information when combined with other data.

5. How we use personal information

We may use your personal information for the following purposes:

  • to contact you when you make an enquiry about Stash or our services;
  • to promote our services to you (if you are an existing or potential Stash customer);
  • to setup an account for you on Stash when you subscribe to Stash;
  • to provide and manage the delivery of Stash and its functionality;
  • when conducting research and development of Stash;
  • to carry out security audits, investigate security incidents and implement security processes and procedures that require access to the personal information that we hold about you;
  • to handle complaints;
  • to verify your identity when you make an enquiry with us;
  • in order to operate and grow our business;
  • to facilitate and process your subscription;
  • to respond to your queries;
  • to seek your feedback in relation to Stash functionality;
  • to improve Stash and its functionality; and
  • to comply with our legal and statutory obligations.

6. Disclosure of personal information

6.1 We will also use and disclose personal information that we collect to third parties as follows:

  • for the purposes of third-party service providers providing contracted services to us, including research and development, IT support, sales, marketing, mailing or transmission of documentation or communication to you and third parties on your behalf electronically or physically, and for security, banking, payroll, payment processing, enforcing your compliance with contracts between you and us, criminal background checks, credit reporting and data storage;
  • when providing a Stash subscriber with the functionality of Stash;
  • in order to host databases that are integrated into the services, we engage reputable hosting providers who host those databases on our behalf;
  • when performing contracts, we may outsource certain obligations to third-party contractors in accordance with our contractual rights (such as hosting, software development and other professional services). Services carried out by them may require access to an individual’s personal information or to our databases;
  • when carrying out direct marketing calls and emails by our staff or those engaged on our behalf to market our services or to discuss your experience with us. All individuals will be given the opportunity to ‘opt out’ of any direct marketing communications;
  • when providing information to our legal, accounting or financial advisors/representatives or insurers, or our debt collectors for debt collection purposes or when we need to obtain their advice, or where we require their representation in relation to a legal dispute;
  • where a person provides written consent to the disclosure of their personal information;
  • where it is brought to our attention that specific personal information needs to be disclosed to protect the safety or vital interests of any person;
  • if we are contacted by any person, for security purposes, we will discuss the personal information that we hold about them with them after they have identified themselves accurately;
  • to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences;
  • for the enforcement of a law imposing a pecuniary penalty;
  • for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation);
  • to perform the contract that we have entered into with you; or
  • where required by law.

7. How we hold and secure personal information

7.1 We hold and store personal information that we collect in our offices, computer systems and third-party owned and operated hosting facilities.

7.2 In particular:

  • we engage hosting facilities operated by reputable hosting providers;
  • personal information that is provided to us via email is held on our servers or those of our cloud-based email providers which have restricted access security protocols;
  • we use third-party owned cloud-based customer relationship management (CRM) and marketing platform providers to hold personal information;
  • personal information is held on computers and other electronic devices in our offices and at the premises of our personnel; and
  • we hold personal information that is provided to us in hard copy in files and folders in secure locations.

7.3 We take reasonable steps to protect the personal information that we hold using such security safeguards as are reasonable in the circumstances.

7.4 We have implemented and administer appropriate internal processes and management to protect personal information from loss, misuse or interference from unauthorised access, modification or destruction, which includes, but is not limited to:

  • only using reputable hosting providers to host personal information;
  • implementing security systems;
  • implementing computer and network security measures such as passwords in our computer systems;
  • maintaining physical security measures on our premises such as door locks;
  • requiring our employees, agents and contractors to comply with privacy and confidentiality provisions in their employment and subcontractor agreements that we enter into with them; and
  • destroying and/or de-identifying personal information where we deem your personal information is no longer necessary or where we are otherwise required to do so under applicable law.

7.5 While we will take all reasonable precautions to protect your personal information, transmission of your personal information online, including via email, is not always secure. As a result, if you are concerned about the security of the contents of your email or the online transmission of your personal information, you are more than welcome to contact us by telephone or in person.

8. Third-party websites

8.1 Stash may include links to third-party websites which are owned or operated by other parties. Our linking to those websites does not mean that we endorse or recommend them. We do not warrant or represent that any third-party website operator complies with applicable data protection laws. You should consider the privacy policies of any relevant third-party website prior to sending personal information to them.

9. Interacting with us without disclosing personal information

9.1 If you do not provide us with your personal information, you can only have limited interaction with us. For example, you can browse the public facing pages of Stash without providing us with personal information, such as the pages that generally describe our services and pricing. However, when you submit a form on our website, send us an email or apply for a role working with us, we need to collect your personal information for the purposes described in this Privacy Policy.

9.2 You have the option of not identifying yourself or using a pseudonym when contacting us to enquire about our services, but not if you wish to actually become a Stash subscriber or apply for a job with us. It is not practical for us to supply you with our services if you refuse to provide us with your personal information.

10. Offshore disclosure

10.1 We may transfer personal information to our contractors and service providers who assist us with the supply and provision of Stash and/or our website, and to assist us with the operation of our business generally, where we consider it necessary for them to provide that assistance. We will take reasonable steps to ensure that such recipients do not breach the APPs in relation to personal information or other relevant State and Territory laws (as applicable). At present we transfer your personal information to our interstate contractors and service providers within Australia but we do not currently use offshore contractors or service providers.

11. How to access and correct personal information held by us

11.1 Please contact us if you wish to access and correct personal information that we hold about you.

11.2 It is our policy to retain personal information in a form that permits identification of any person only as long as is necessary for the purposes for which the personal data was collected; and for any other related, directly related or compatible purposes if and where permitted by applicable law.

11.3 As an alternative to deleting personal information, we may elect to de-identify it where permissible by law.

11.4 We will handle all requests for access to personal information in accordance with our statutory obligations. We may require payment of a reasonable fee by any person who requires access to their personal information that we hold, except where such a fee would be contrary to applicable law. We will not charge you for the making of any such request. We will endeavour to provide a response to any request for access to personal information within 72 hours from the time a request is made.

12. Our contact details

12.1 Any person who wishes to contact us for any reason regarding our privacy practices or the personal information that we hold about them, or make a privacy complaint, may contact us as follows:

Contact: Privacy Officer

Email: admin@stashproperty.com.au

12.2 We will endeavour to resolve any privacy complaint with the complainant within a reasonable time frame given the circumstances. This may include working with the complainant on a collaborative basis or otherwise resolving the complaint.

13. Privacy Complaints

13.1 If you are not satisfied with the outcome of a complaint or wish to make a complaint about a breach of the Australian Privacy Principles, you may refer the complaint to the Office of the Australian Information Commissioner, who can be contacted using the following details:

Telephone: 1300 363 992

Email: enquiries@oaic.gov.au

Address: GPO Box 5218, Sydney NSW 2001

Terms of Service

 

Welcome to Stash! The Stash online platform at https://stashproperty.com.au (Stash) is owned and operated by Stash Technologies Pty Ltd as trustee for the Stash Property Unit Trust (ABN 17 968 742 773) of PO Box 3115, Helensvale QLD 4212 (we, our, us).These Terms of Service were last updated on 20 September 2022.

1. Our agreement with you

1.1 You may only subscribe to Stash if you: (a) are at least 18 years of age; (b) subscribe for the Minimum Period; (c) agree to the Fees and Payment Terms; and (d) agree to be legally bound by and accept these Stash Terms & Conditions (Terms & Conditions).

1.2 You can subscribe to Stash online at https://stashproperty.com.au (Our Website).

1.3 When you subscribe to Stash, you enter into a legally binding contract with us (Agreement) comprising:

  • the Minimum Period;
  • the Fees and Payment Terms; and
  • these Terms & Conditions.

1.4 If you do not agree to the Minimum Period, Fees, Payment Terms and/or these Terms & Conditions, you must not, and cannot, subscribe to Stash, nor access or use the services, content and/or functionality available via Stash.

1.5 The Minimum Period, Fees and Payment Terms are available on Our Website. You can also request the Minimum Period, Fees and Payment Terms by contacting us at hello@stashproperty.com.au.

1.6 If you subscribe to Stash, we will confirm the Minimum Period, Fees and Payment Terms at the time of your subscription to Stash and then again by email to your nominated email address promptly after you have subscribed.

1.7 We may update these Terms & Conditions from time to time. If that occurs, the amendments will only apply from the commencement of the next Renewal Period.

2. Definitions and interpretation

2.1 In these Terms & Conditions:

Account means your account on Stash.

Applicable Law means any applicable legislation, rule of the general law, including common law and equity, judicial order or consent or requisition from, by or with any governmental agency in any applicable jurisdiction.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Commencement Date means the date that you subscribe to Stash.

Confidential Information means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or has the quality of confidential information, but excluding information which is: (a) on receipt by the recipient, in the public domain or which subsequently enters the public domain without any breach of this Agreement; (b) on receipt by the recipient, already known by or in the possession of the recipient and which knowledge or possession can be proven by written contemporaneous records; or (c) independently developed, obtained or known by the recipient, without breaching any obligation of confidence to the disclosing party.

Disclosing party means the party who discloses Confidential Information to the recipient.

Documentation means the documents (whether in electronic form or not) that we provide to you describing how to use Stash or describing the functionality provided by Stash.

Fees means the fees that we specify to you for a subscription to Stash at the time you subscribe to it.

Force Majeure Event means a circumstance beyond our reasonable control which results in us being unable to observe or perform an obligation on time under this Agreement.

Insolvency Event means in respect of a party: (a) where the party is an individual, that party commits an act of bankruptcy or is declared bankrupt or insolvent, or where a sequestration order is made in respect of the party or where that party’s estate otherwise becomes liable to be dealt with under any law relating to bankruptcy or insolvency; (b) where the party is a company, a resolution is passed or Court order made for the winding up of that party or an administrator is appointed to that party pursuant to any relevant law; (c) a receiver or manager or receiver and manager is appointed to the assets or undertaking of the party or any part thereof; or (d) the party is unable to pay its debts as and when they fall due.

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under Article 2 of the Convention Establishing the World Intellectual Property Organisation, and all rights to enforce any of the foregoing rights.

Minimum Period means the initial term selected by you via Our Website when you subscribe to Stash.

Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth).

Payment Terms means any relevant payment terms set out on Our Website at https://stashproperty.com.au/pricing and any other payment terms that we specify to you or that you select on Our Website for payment of the Fees for a subscription to Stash at the time you subscribe to it.

Personnel means, in connection with a party, its directors, officers and employees.

Recipient means a party who receives Confidential Information from the disclosing party.

Stash Contact means any person that you correspond or communicate with via any functionality available on Stash.

Term means the Minimum Period and any applicable Renewal Periods.

Your Data means any information that you upload, transmit, enter into, store or otherwise use in connection with Stash.

2.2 Unless the context requires otherwise:

  • a reference to “a party” is to you or us as the context dictates and a reference to “parties” is to both you and us;
  • the term “includes” (or any similar term) means “includes without limitation”;
  • a reference to currency is to Australian dollars unless specified otherwise; and
  • a clause of this Agreement will not be interpreted against a party merely because the party prepared or was responsible for the preparation of it.

3. Term

3.1 The Agreement will commence on the Commencement Date and upon expiry of the Minimum Period, will automatically continue on a month to month basis or such other period that you renew your subscription to Stash for on Our Website (each such period, a Renewal Period), until and unless:

  • either party notifies the other party in writing that it wishes to terminate the Agreement at least 30 days prior to the expiry of the Minimum Period or the then current Renewal Period (as applicable) (time being of the essence), in which case if such notice is provided, the Agreement will terminate at the end of the Minimum Period or then current Renewal Period (as applicable); or
  • this Agreement is otherwise terminated in accordance with its terms.

4. Your right to access Stash

4.1 Subject to your compliance with the terms and conditions of this Agreement, we grant you, for the Term, a non-exclusive, non-transferable, non-assignable, non-sublicensable right for you and your Personnel to access and use Stash via your Account solely for the purposes specified in the Documentation.

5. Your obligations

5.1 Protect your Account: You must not share the username or password for your Account with any person, except your Personnel. You are responsible for your and/or your Personnel’s access and use of Stash via your Account.

5.2 Comply with Applicable Law: You must comply with, and must ensure that your Personnel comply with, Applicable Law at all relevant times.

6. Restrictions on use

6.1 Nothing in this Agreement constitutes an assignment of any Intellectual Property Rights.

6.2 You and your Personnel may not make any use of Stash except as permitted under clause 4.1 and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our Intellectual Property Rights in Stash.

6.3 Without limiting the foregoing provisions, you must not, and you must ensure that Your Personnel do not:

  • copy, alter, modify, tamper with, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance, Stash or any trade marks, any patent or copyright notices, or any confidentiality legend or notice, or other means of identification, used on or in relation to Stash;
  • access the source code underlying Stash;
  • remove, interfere with, bypass and/or circumvent any security or technical protection measures in Stash;
  • use Stash in any manner that breaches Applicable Law or violates any legal rights of any person in any jurisdiction (including any person’s privacy, such as by way of identity theft);
  • use Stash to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use Stash to send unauthorised advertising or spam;
  • license, sublicense, resell, assign, transfer, distribute, or provide others with access to, Stash;
  • record or download audio-visual, text or other content that we make available to you via Stash;
  • “frame”, “mirror” or serve any part of, or content in, Stash on any web server or other computer server over the Internet or any other network;
  • store, transmit, distribute or introduce malicious programs into our systems, network or servers (e.g., viruses, worms, trojan horses, e-mail bombs);
  • carry out security breaches or disruptions of network communication (security breaches include accessing data in respect of which you are not an intended recipient, logging into a server or account that you are not expressly authorised to access, corrupting any data, network sniffing, pinged floods, denial of service and forged routing information for malicious purposes);
  • execute any form of network monitoring that will intercept data not intended for you;
  • circumvent any user authentication or security features on Stash;
  • interfere with or deny service to anyone; or
  • use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of Stash.

6.4 You must indemnify us for any loss and damage that we suffer and/or incur as a result of your breach of this clause 6.

7. Intellectual Property Rights

7.1 As between you and us, we own all Intellectual Property Rights in Stash and in any modifications, maintenance releases, updates, upgrades, new versions, features and enhancements thereof and you must not represent that you own Stash or any part thereof.

7.2 You must not directly or indirectly do anything that would or might invalidate or put in dispute our rights, title and/or interest in Stash.

7.3 You hereby assign to us all and any rights, title and/or interest in any Intellectual Property Rights that you may have in all and any comments in connection with Stash or requests for new features therein that you or your Personnel may suggest or create (each, an Improvement Suggestion). Each Improvement Suggestion becomes our sole and exclusive property. This assignment is effective immediately when you, your officers or employees create any Improvement Suggestion or disclose any Improvement Suggestion to us including where applicable under section 197 of the Copyright Act 1968 (Cth) and in equity. You must procure the written irrevocable and freely given consent from each of your Personnel who create an Improvement Suggestion, to us (and any third parties authorised by Stash) infringing those Personnel’s Moral Rights in any Improvement Suggestions.

8. Your Data

8.1 You agree that Your Data that you and/or your Personnel upload, transmit, store or enter into Stash will be hosted by us or our suppliers on hardware or infrastructure located at a data centre that we do not own.

8.2 As between you and us, you own all Intellectual Property Rights in Your Data.

8.3 We shall not be responsible for any loss, destruction or unauthorised alteration of Your Data, except to the extent that we cannot exclude liability for such loss, destruction or unauthorised access to or alteration under Applicable Law.

8.4 Each time you and/or your Personnel use Stash you shall be deemed to have agreed, warranted and represented to us that:

  • Your Data will only be uploaded, entered, or transferred into and/or via Stash without infringing any Applicable Laws or the rights of any person;
  • your Personnel are fully entitled and authorised to upload, input, transfer and disclose to us all of Your Data that they upload, enter, input, access and transfer into and/or via Stash; and
  • Your Data and our collection, use, storage and/or disclosure thereof in the course of complying with our obligations under the Agreement will not breach any Applicable Law or right of any person.

8.5 You license us on a non-exclusive, royalty-free basis to use Your Data as required by us to comply with our obligations under this Agreement, to provide the functionality of Stash and to comply with Applicable Law.

8.6 You are solely responsible for the accuracy, legality and quality of all Your Data and for obtaining any permissions, licenses, rights and authorisations necessary for us to use, host, transmit, store and/or disclose Your Data in connection with this Agreement.

8.7 In the event your Account is terminated by you or us, your Account will be archived and Your Data held in Stash will no longer be available to you. We will retain Your Data held in Stash for a period of 60 days following termination, during which time, provided that your Account was not terminated by us due to your breach of this Agreement, you may re-subscribe to Stash and once again access Your Data by paying the Fees in accordance with the Payment Terms. After that 60 day period we will delete Your Data from Stash and it will be irretrievable. You can contact us at any time to have Your Data deleted from Stash by email to admin@stashproperty.com.au.

9. Availability of Stash

9.1 We agree to use our best endeavours to provide or procure hosting of Stash at least 99% of the time (measured monthly).

9.2 The availability of Stash to you will be subject, in addition to any other provisions set out in this Agreement or the Documentation, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions of Stash and any planned and unplanned maintenance of Stash by our hosting providers. We will not be liable for any unavailability or non-performance of Stash caused by any such matters.

9.3 You agree and acknowledge that the accessibility and use of Stash is highly dependent on the proper function of any Internet and any other computer and telecommunications networks and infrastructure upon which Stash operates, interfaces with or connects to, and that we are not responsible for any unavailability or inaccessibility of Stash associated with any of those matters.

9.4 We do not represent or warrant that Stash or access thereto will be uninterrupted or error-free.

10. Fees

10.1 Any Fees specified by us are exclusive of GST.

10.2 You must pay the Fees in accordance with the Payment Terms together with all applicable GST.

10.3 You authorise us to automatically charge the Fees and any applicable GST using your selected payment method each time payment of the Fees falls due in accordance with the Payment Terms.

10.4 Without limiting any of our other rights, we may suspend the performance of our obligations under this Agreement and suspend your and your Personnel’s access to Stash in the event that you fail to pay the Fees in accordance with the Payment Terms, until such time as you pay any outstanding Fees.

11. Contracts

11.1 Annual contract (paid monthly)

Subscription Terms

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month without notice until you cancel. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month upon renewal until you cancel.

Cancellation Terms

You may cancel the Services by providing us with no less than 30 days written notice via email (cancellations@stashproperty.com.au), provided that such cancellation must not take effect before the expiry of any minimum contract term agreed with STASH PROPERTY UNIT TRUST. You’ll be charged a lump sum amount of 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period.

11.2 Annual contract (prepaid)

Subscription Terms

Your subscription begins as soon as your initial payment is processed. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel.

Cancellation Terms

You may cancel the Services by providing us with no less than 30 days written notice via email (cancellations@stashproperty.com.au), provided that such cancellation must not take effect before the expiry of any minimum contract term agreed with STASH PROPERTY UNIT TRUST. Your payment is non-refundable and your service will continue until the end of your contracted term.

12. Cancellations and refunds

12.1 If for any reason you are unsatisfied with Stash, you can cancel your subscription to Stash at any time by providing us with no less than 14 days prior written notice by email.

12.2 You are not entitled to any refund of any Fees paid for Stash (including where you cancel your subscription), unless such refund must be provided under non-excludable Applicable Law.

12.3 Any request by you to cancel your subscription to Stash or for a refund must be made via email to admin@stashproperty.com.au.

13. Liability

13.1 Neither party is liable to the other party for any indirect, special or consequential damage or loss, including for loss of profits, loss of business opportunity, loss of benefit, loss of goodwill, loss of use, loss of revenue, loss and/or corruption of data, loss of savings, regulatory fines imposed or loss of reputation and whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not.

13.2 To the extent not excluded by this Agreement, a party (the first party) is only liable for loss and damage incurred by the other party as a result of one or more breaches by the first party of its obligations under this Agreement, but such liability is limited, in the aggregate, to an amount equivalent to the total Fees paid or payable during the Initial Term or then current Renewal Period (as applicable).

13.3 The Australian Consumer Law may give you certain guarantees in respect of Stash. Where liability for breach of any such guarantee can be limited by Applicable Law, our liability (if any) arising from any breach of those guarantees is limited with respect to the supply of goods, to the replacement or repair of the goods or the costs of resupply or replacement of the goods, and with respect to services, to the supply of services again or cost of re-supplying the services again.

If your primary payment method fails, you authorise us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information any time in your Account’s Billing page.

13.4 This clause 12 does not:

  • apply with respect to any liability that cannot be excluded by Applicable Law; or
  • apply with respect to any wilful misconduct, intentional breach of this Agreement or your breach of any provision of this Agreement concerning Intellectual Property Rights.

13.5 Other than any non-excludable guarantees implied into this Agreement under the Australian Consumer Law or other non-excludable Applicable Law (if any), all conditions, warranties and guarantees implied in this Agreement are excluded.

13.6 Any report, output or data generated by or via Stash (together, Output) is not our professional, financial or other advice.

13.7 You:

  • acknowledge that we do not provide any professional services;
  • must obtain all appropriate professional, financial, legal and other advice as applicable before relying on any Output; and
  • must not represent (either expressly or impliedly) that any Output is our advice.

13.8 You are solely responsible for compliance with your legal, regulatory and other obligations. Without limiting the foregoing provisions:

  • you must not rely on Stash for the purpose of complying with your legal obligations; and
  • you must not bring any claim against Stash in connection with the accuracy, validity, completeness of any information on Stash, including any Output.

13.9 We do not warrant or represent that any information on Stash, including any Output, is accurate, valid, complete, error free or up to date.

13.10 If we include any links on our Website, that does not constitute any endorsement by us of the linked sites. Use of any linked site is at your sole risk.

14. Confidentiality

14.1 A recipient must not, without the prior written consent of the disclosing party, use or disclose the disclosing party’s Confidential Information unless and to the extent expressly permitted by this Agreement or required by Applicable Law.

14.2 A recipient may only:

  • use the Confidential Information of the disclosing party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
  • disclose the Confidential Information as required by Applicable Law or a court of competent jurisdiction, and then, only to the extent required, and provided that it promptly notifies the disclosing party of such requirement of disclosure as soon as such requirement becomes known to it.

14.3 The recipient must implement and maintain reasonable security measures to prevent unauthorised use and disclosure of the disclosing party’s Confidential Information whilst it is in the recipient’ possession, custody or control.

14.4 The recipient must return and/or destroy, at the disclosing party’s option, all Confidential Information of the disclosing party in the recipient’s possession, custody or control, on termination of this Agreement for any reason.

15. Termination

15.1 A party may terminate this Agreement by written notice to the other party (the defaulting party) if the defaulting party is in material breach of this Agreement which is not remediable, or if capable of remedy and the defaulting party fails to remedy the breach within 7 days of written notice of the breach.

15.2 Either party may terminate this Agreement by written notice to the other party if the other party suffers an Insolvency Event.

16. Consequences of Termination

16.1 If this Agreement is terminated or expires for any reason, then, in addition to, and without prejudice to, any other rights or remedies available:

  • your right, and the right for your Personnel, to access and use Stash immediately ceases; and
  • any provision dealing with confidentiality, intellectual property rights, liability and jurisdiction shall survive termination.

17. General

17.1 We agree to comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). Please see our Privacy Policy on Our Website for further information about how we manage your and your Personnel’s personal information.

17.2 You consent to us sending electronic mail and SMS to you about your subscription to Stash or our products and services that we think you might be interested in. You may opt out of all such communications or withdraw your consent using the unsubscribe link or by notifying us via admin@stashproperty.com.au.

17.3 By subscribing to Stash, you consent to our use of your name and a description of your experience with Stash in our promotional and marketing materials (including, on Stash).

17.4 You must not assign, novate, license, sublicense or otherwise deal in any other way with any of your rights or obligations under this Agreement without our prior written consent. We may assign or novate our rights or obligations under this Agreement in connection with any merger or acquisition of our company or in connection with the sale or assignment of all or a substantial portion of our assets.

17.5 This Agreement is the entire agreement of the parties about its subject matter and to the fullest extent permitted by Applicable Law, supersedes all other representations, arrangements or agreements between them. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.

17.6 This Agreement may be amended only by a document signed by the parties and a party’s right under this Agreement may not be waived or varied except in writing signed by the party.

17.7 Any term of this Agreement which is wholly or partially invalid, illegal or unenforceable to any extent shall be deemed deleted but the remainder of the Agreement will not be affected, and will remain valid and enforceable to the greatest extent permitted by law.

17.8 This Agreement is governed by the laws of New South Wales. Each party submits to the exclusive jurisdiction of the courts located in New South Wales, and the courts of appeal from them, with respect to any dispute or enforcement action commenced with respect to the subject matter of this Agreement.