Website Terms and Conditions (Terms)
This Website is owned and operated by Property Investors Council of Australia Limited (PICA) (ABN 56 621 616 260).
In these Terms, "we" and "us" mean PICA and "you" means you, whether as the Member or site visitor.
PICA is a not-for-profit association set up to provide a single voice for the 2 million plus property investors in Australia. It is a not-for-profit association, run by property investors, for the interests of property investors. It is a condition of use of this Website that you acknowledge and agree that PICA provides the reports, calculators and tools on this website for your information and to illustrate scenarios only.
Access to and use of the Website and the products and services available through the Website are subject to the following Terms which may be updated by us from time to time.
1. Your acceptance
- These are the terms on which PICA permits Members to access and use the PICA website https://www.PICA.asn.au (Website) including using the services and functionality made available through the Website, viewing Content provided by PICA and third parties and placing Requests.
- You agree to be bound by these Terms by:
(i) using, browsing or accessing any part of the Website; or
(ii) registering as a Member on the Website.
- If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
- PICA may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
- The Website is subject to change at any time without notice and may contain errors.
2. Financial Advice Exclusion
- PICA is not a financial adviser. You should consider seeking independent legal, financial, taxation or other advice to check how the information provided by this website relates to your unique circumstances.
- We do not hold an Australian Financial Services Licence (AFSL) or act as an authorised representative or agent of any AFSL holder and our Reports are not intended to be, nor are they to be taken as, advice, including investment or financial advice.
- Unless otherwise expressly stated to the contrary, this Website is not designed for the purpose of providing personal financial or investment advice. Information provided does not take into account your particular investment objectives, financial situation or investment needs. You should assess whether the information on this Website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision on the basis of the information on this Website. You can either make this assessment yourself or seek the assistance of an adviser.
- Unless otherwise expressly stated to the contrary, the information on this Website is not a recommendation or a statement of opinion to influence you to make a decision about a financial product or class of financial products or to invest in any investments, securities or financial products offered by any product issuer.
3. Requests for services through the Website
- You can subscribe for a number of contents and register to join our membership using this Website. You can submit a request to join our membership and advocacy Website (Request). Membership cost are fully disclosed in our membership page.
- Once you have Registered, we will send you an acknowledgement email confirming receipt of your Request and will provide you with a password and username.
- PICA reserves the right to withdraw, with or without prior notice to you, any Request that may in PICA's view be in breach of these Terms, or any law or regulation, or any published PICA policy.
- Subscription to PICA is on a yearly or 5-yearly recurring basis for individual members (Member) and Corporate Members. Billing occurs every yearly in advance until cancelled by the Member. A Member is granted access to all the blogs and knowledge portal and will have a voting right during each subscription period. No further subscription payments will be deducted 48 hours after the Member requests cancellation. Members will still be able to access their accounts and optimise the full capabilities of PICA’s website until their subscription’s expiry date. Refunds are not issued for any part of a subscription that has been paid.
- We will use your registration information to contact you as part of the Request process outlined in these Terms.
4. Product and Service information and availability
- The Reports service on our Website is for information and research purposes only. PICA does not warrant or make any representations in relation to the Reports and you will need to ensure any Report you Request meets your specific requirements.
- We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
- Whilst every effort is made to ensure the information provided on the Website is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any product or service information on this Website is not an endorsement of any organisation, product or service.
- PICA has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. PICA reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
- The Website may contain links to other web sites. PICA provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
- You are not permitted to frame or link the Website without PICA's express written permission.
6. Access and communication
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), PICA does not warrant that you will have continuous access to the Website. PICA will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
- PICA does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and PICA does not guarantee the security or confidentiality of these communications or the security of the Website.
- PICA does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. PICA does not warrant that:
(i) the goods or services available on this Website; or
(ii) the Website and its Content,
comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
- If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.
- We understand how important it is to protect your personal information. We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed by law. It is important to us that you are confident that any personal information you provide will be treated in a way that ensures you full and proper protection.
- Our commitment in respect of personal information is to abide by the Australian Privacy Principles for the protection of personal information, as set out in the Privacy Act and any other relevant laws.
- PICA may in its absolute discretion choose to provide the name and email address of Members to its affiliated companies. The provision of this information will be for marketing purposes only.
- We retain the right to collect and use information collected from your use of our Website and aggregate such data for internal analytics and research purposes. At no time is your personally identifiable information included in such data aggregations.
8. Intellectual property rights
- All intellectual property rights, including copyright and patents, in the Website, PICA's goods and services, and all components of them are owned or licensed by PICA or any of its related entities. You must not copy, modify or transmit any part of the Website.
- The Website contains trademarks, logos, service names and trade names of PICA or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
9. Website license and use
PICA grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 12. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to PICA will be treated as non-confidential and non-proprietary information.
10. Prohibited uses
- Except as otherwise permitted in submitting Requests using the Website, in using the Website you must not:
(i) engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of
other merchants, data mine or use robots or other data collection methods;(ii) impersonate or falsely claim to represent a person or organisation;(iii) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;(iv) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or(v) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
- Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
- PICA provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including placing Requests through the Website) you assume all risk in this regard and you release PICA from all applicable liability and responsibility.
11. Termination of your access to the Website
PICA may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
12. Disclaimer of warranties and limitation of liability
- To the full extent permitted by law, PICA excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any Members, all links to or from the Website and the goods and services listed or accessible on the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) PICA excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) PICA excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed, accessible or made available on the Website.
You agree to fully indemnify PICA, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your access or use of the Website;
- any Request which you choose to submit on the Website; or
- your communications with PICA, the Suppliers and each of them or any other third party.
Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and PICA. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of PICA.