(a) Thank you for using Erin Living. Erin Living is a smart, intuitive and reliable digital concierge platform comprised of mobile and web apps that allows apartment building residents and managers to manage and access services and facilities in their building (Platform).
(b) The Platform is operated by Erin Ops Pty Ltd (ABN 78 0629 362 027)( Erin Living, us, our, we).
(c) These Terms and Conditions form a binding contractual agreement between the user of the Platform (User, you) using or accessing the Platform and us (Agreement). Before accessing and using the Platform, please read these Terms and Conditions carefully. By accessing and using the Platform you acknowledge you have read, understood and agree to comply with:
(i) these Terms and Conditions;
(iii) any other terms, policies or notices published on the Platform,
(d) If you have any questions about the Terms, you can contact us at firstname.lastname@example.org.
(e) If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Platform.
(f) We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
(a) Our Platform is comprised of a web app and a mobile app that allows:
(i) apartment residents (including renters and owner-occupiers) (Residents) to:
(A) schedule moving in and moving out dates with their Manager, including to arrange lift and garage access;
(B) check availability of and book shared amenities like dining and barbecue areas, cinemas, pool areas, gyms, etc;
(C) access shared amenities through keyless digital keys;
(D) view and manage upcoming and past bookings of shared amenities;
(E) book and access parcel lockers for delivery of parcels and packages;
(F) report defects or maintenance issues affecting your apartment or the common areas of the building;
(G) receive notifications and alerts from Managers on news or information affecting your building;
(H) view a feed of news and alerts from the Manager regarding your building and local area;
(I) contact and instant message your Manager directly in the Platform; and
(J) view, manage and update your details and apartment details,
(ii) residential/apartment building managers, property managers, facility managers and owner’s corporation managers (Managers) to:
(A) view and oversee all activity relevant to common areas in a building under management;
(B) schedule and coordinate Resident move in and move out dates;
(C) view a dashboard of key information regarding Residents and the building;
(D) view a building snapshot with key information relevant to each building;
(E) view Resident profiles with key information and interactions;
(F) view and manage Resident bookings of shared amenities and common areas;
(G) receive, respond to and manage reported defects or maintenance issues for apartments and common areas of the building;
(H) send messages and alerts to Residents on issues affecting the building;
(I) set up and invite new Residents; and
(J) set up new building profiles with key information for Residents.
(b) We are actively developing new features and functionality for thePlatform. As such, the above is an indication only, and is not an exhaustive list of the features of the Platform.
(c) We act as an intermediary between Residents and Managers(collectively, Users) and our role includes providing and facilitating access to the Platform.
(d) We do not own, create, sell, resell, provide, control, manage, deliver or supply any goods or services on the Platform, or in participating buildings. We do not become a party to or participant in any contractual relationship between Users. We are not acting as an agent in any capacity for any User, except to the extent outlined in this Agreement.
(a) Access to the Platform is provided by the body corporate or owner’s corporation (as applicable) for each participating apartment building.
(b) If you are a Manager, then when you commence management service sat a participating apartment building, or your body corporate or owner’s corporation elects to use the Platform, your body corporate or owner’s corporation will provide us with your details, including your name, phone number and email address.
(c) If you are a Resident, then when you purchase or lease an apartment in a participating apartment building, your Manager will provide us with your name, phone number, email address and unit number.
(e) If you are a Manager, you must ensure that all Resident registration information that you provide to us to create a new ResidentAccount is complete and accurate.
(f) If you are a Resident, you must ensure that your Account information is accurate and up-to-date when you activate your account. If your Account information changes, you must promptly update your Account to reflect those changes.
(g) By accessing and using the Platform, you represent and warrant that:
(i) you have the right, authority and capacity to agree to and abide by the Terms;
(ii) we have no control of the conduct of our Users and your interactions with other Users (whether in person or online) and your obtaining of any information and advice is at your own risk;
(iii) we are not obliged to confirm the identity of any Users but may, at our discretion, take reasonable steps to ensure User details are accurate;
(iv) we do not guarantee the existence, availability, suitability, legality or safety of any products or services made by Users on the Platform;
(v) you are responsible for maintaining the confidentiality of yourAccount registration information at all times and, in the case of Managers, all Resident Account information secure and confidential;
(vi) your access to and use of the Platform is non-transferable;
(viii) we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Users through the Platform (User Content);
(ix) we do not control and are not responsible for the accuracy of User Content;
(x) if you are a Manager and are using the Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and
(xi) you will use the Platform in a manner consistent with any and all applicable laws, regulations and all other Erin Living policies.
(h) By registering for an Account, you agree that we or our partners may from time-to-time send you text (SMS) messages as part of the normal business operation of your use of the Platform. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of our Platform.
(a) use the Platform for lawful purposes only;
(b) not commit any act or engage in any practice that:
(i) is harmful to Erin Living’s systems, brand, reputation or goodwill; or
(ii) interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not restrict, or attempt to restrict, another User from using the Platform;
(e) not encourage or facilitate violations of the Terms;
(f) not distribute or send communications that attempt to sell goods nor services to other Users or contain spam, chain letters, or pyramid schemes;
(g) not harvest or otherwise collect information about others, including Account registration information, without their consent;
(h) not bypass measures used to prevent or restrict access to our Platform;
(i) not interfere with the privacy of, harass, intimidate, act violently or inappropriately towards or be discriminatory against another User; and
(j) not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.
5.1 Parcel Lockers
(a) Parcel locker use and access is provided by Last K Ventures PtyLtd (ACN 613 910 571), operating as Groundfloor™ (Groundfloor) which is integrated into the Platform for seamless use.
(b) By using the parcel access feature of the Platform, you agree and acknowledge that you are bound and will abide by any terms, conditions and reasonable directions of Groundfloor regarding your use of the parcel lockers.
(c) We take no responsibility and will not be liable to you for any use or misuse of the parcel locker service, or for any loss you incur as a result of using the parcel locker service.
(d) Any amounts payable to Groundfloor are the sole responsibility of your owner’s corporation and will be paid directly to Groundfloor.
(a) You are solely responsible for User Content:
(i) you post, publish or otherwise transmit through the Platform; and
(ii) you obtain through accessing or using the Platform.
(b) You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store, share and exploit your User Content for our business or commercial purposes.
(c) The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to Erin Living.
All fees and charges associated with your use of the Platform are paid for by the body corporate or owner’s corporation (as applicable) of your participating apartment building.
(a) Residents may cancel their Account and terminate this Agreement at any time by providing written notice to us by email.
(b) If you are a Resident and you wish to cancel your Account, you acknowledge that you may not be able to use some of the features or facilities of your building without using the Platform. We are not liable to you or any third party for any loss of amenity caused by you cancelling your Account.
(c) We, or a Manager, may also cancel a Resident’s Account immediately by providing written notice to the Resident or using the functionality of thePlatform if:
(i) the body corporate or owner’s corporation or Manager of theResident’s apartment building ceases to use and/or pay us for the Resident’s use of the Platform;
(ii) you sell or move out of your apartment; or
(iii) we are instructed to by your building’s body corporate or owner’s corporation.
(d) We may cancel a Manager Account by providing written notice to the Manager or using the functionality of the Platform if:
(i) the body corporate or owner’s corporation of the relevant apartment building ceases to use and/or pay us for the Manager’s use of thePlatform;
(ii) you cease to be engaged by the body corporate or owner’s corporation to manage the relevant building; or (iii) we are instructed to by your building’s body corporate or owner’s corporation.
(e) If we cancel your Manager Account in accordance with clause 8
(i) immediately cease to access any Resident Account or PersonalInformation;
(ii) must not download, store or retain any Resident Account orPersonal Information; and
(iii) must permanently delete or destroy any Resident Account orPersonal Information in your possession or control.
(f) On cancellation of an Account in accordance with this clause 8:
(i) this Agreement will terminate immediately;
(ii) we will disable your Account on the Platform; and
(iii) you will no longer be able to use or access the Platform, yourAccount or any User Content stored on the Platform.
(a) In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material(including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to thePlatform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
(c) You may access the Platform using your mobile device or via a web browser, and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use.
(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
(a) The Platform may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website.Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
(b) Users must not install links within the Platform in an attempt to promote or sell products or re-direct other Users unless provided with written permission by Erin Living to do so.
To the fullest extent permitted by law, you agree and acknowledge that:
(a) our Platform is provided “as is” and “as available” and the entire risk arising out of your use of our Platform remains solely with you;
(b) we do not control, endorse and are not responsible for any UserContent;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;
(d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(e) we make no warranty or representation that the Platform will befit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
(f) we make no warranty or representation that content input by Users is accurate and it is the responsibility of the User to review and verify the accuracy of all information input into the Platform;
(g) we are not liable for any loss if the Platform is not accessible due to third-party actions, including but not limited to the maintenance services; internet service providers, third party servers, nefarious hacks or distributed denial of service attacks; and
(h) we may remove any content, material and/or information, includingany User Content, without giving any explanation or justification for removingthe material and/or information.
(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
(i) your use or inability to use the Platform;
(ii) your reliance on information provided by another User;
(iii) the User Content;
(iv) any interactions between Users;
(v) the conduct of other Users;
(vi) any User breaching or failing to comply with any applicable laws;
(vii) any User providing information that could or does result in loss, injury or death;
(viii) any User breaching or failing to comply with any applicable terms and conditions; and
(ix) unauthorised creation, access or use of your personal information,User Account or your User Content, even if we have been advised of the possibility of such loss.
(b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law,this clause 12(c) applies in respect of services that are not of a kindordinarily acquired for personal, domestic or household use or consumption. Ourliability for breach of a guarantee conferred by the Australian Consumer Law(other than those conferred by s51 to s53 of the Australian Consumer Law) islimited at our option to:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
(b) If you are a Manager, you warrant that you will:
(i) obtain each Resident’s consent before sharing any Resident personal information with us; and
(ii) comply with all applicable privacy laws when dealing with anyResident personal information.
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
(a) We reserve the right to:
(i) cease operating the Platform, at any time and for any reason; and/or
(ii) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.
(b) If one of the events described in clause 15(a) occurs, then:
(i) you will not have any access to the Platform, your Account or User Content; and
(ii) we will not be liable for any costs, losses or damages arising asa result of terminating your access to the Platform.
16.1 Disputes between Users
We will not, and have no obligation to, monitor, mediate, intervene or respond to any disputes between Users.
16.2 Disputes between Users and Us
(a) If a dispute arises out of or relates to these Terms as between us and a User, either party may not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of theseTerms (Dispute) unless it has complied with this clause 16.2. A party claiming that a Dispute has arisen must notify the other party to the Dispute giving details of the Dispute.
(b) During the 15-business day period after notice is given (or any longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to theDispute (Disputant) must cooperate and take all reasonable steps necessary to resolve the Dispute.
(i) If the Disputants are unable to resolve the Dispute within theInitial Period, each Disputant agrees that the Dispute must be referred for mediation to a mediator agreed on by the Disputants.
(ii) If the Disputants are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Institute of Victoria and have the President of that Law Institute appoint a mediator and set the matter for mediation.
(iii) The role of the mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(iv) Each Disputant must pay its own costs of complying with this clause 16.2(c). The Disputants must pay equally the costs of any mediator engaged.
(v) The mediation will be held in Melbourne, Australia.
(d) After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 business days after commencement of dispute resolution.
(e) All communications concerning negotiations made by the Disputants in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
No waiver of rights under these Terms shall constitute a subsequent waiver of this or any other right under this Agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform. You may submit feedback by contacting us at email@example.com.
© 2020 Erin Ops Pty Ltd. ALL RIGHTS RESERVED.
Terms last updated 30 September 2020.