These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Limpid Property Operations Pty Ltd (ABN 49 612 483 548) (“Company”, “we”, “us”, “our”). By registering an account, logging into the platform, or accessing any property visualisation tools, floorplans, or promotional media via our platform, you explicitly agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the platform and refrain from creating an account.
1. Scope of Platform Services
Our platform serves exclusively as an interactive digital showcase, marketing framework, and visualisation tool designed to display residential and commercial real estate projects on behalf of third-party property developers, builders, and project marketers (collectively, “Developers”).
- No Real Estate Brokerage: We are not real estate agents, property brokers, financial advisors, or developers. We do not participate in the sale, lease, or transfer of real estate assets.
- Accuracy of Materials: All floorplans, computer-generated imagery (CGI), architectural renderings, virtual tours, dimensions, finishes, and project specifications displayed on the platform are provided by the respective Developers for illustrative and marketing purposes only. They do not constitute formal representations, warranties, or binding contractual offers from us or the Developers. Actual finishes, configurations, and developments may vary radically during construction.
2. Account Registration, Eligibility, and Security
- Eligibility: You must be at least 18 years of age and possess the legal capacity to enter into a binding contract to register an account on the platform.
- Account Accuracy: You agree to provide true, accurate, current, and complete information during the registration process and to promptly update your information if it changes.
- Credential Security: You are solely responsible for maintaining the strict confidentiality of your account login credentials (username and password). You accept full responsibility for all activities, actions, and inquiries submitted through your account. You must immediately notify us of any unauthorised use or suspected security breach of your account.
3. Intermediary Status and Relationship with Developers
- Lead Forwarding: You acknowledge and agree that when you create an account, save a specific project, or complete a property preference questionnaire, the platform automatically routes your personal data (including name, email, phone number, and preference metrics) to the respective Developer or their designated sales agency.
- Independent Transacting: Any subsequent communications, site visits, price negotiations, expression of interest deposits, or formal contracts for sale are executed strictly and exclusively between you and the respective Developer. We are not a party to, nor do we bear any liability or regulatory responsibility for, any transactions, negotiations, representations, or disputes arising between you and a Developer or agent.
4. Intellectual Property Rights
- Ownership: The platform, including its proprietary source code, software architecture, user interface design, 3D rendering engines, algorithms, and all digital content provided by us or our licensors (including all text, graphics, floorplans, CGI, videos, and interactive elements) is our exclusive property or that of our respective Developers, protected by Australian and international copyright, trademark, and intellectual property laws.
- Limited License: Subject to your continuous compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access, view, and interact with the platform content solely for your personal, non-commercial purposes.
- Prohibited Actions: You must not, under any circumstances:
- Copy, reproduce, modify, distribute, display, perform, publish, or create derivative works from any platform content without explicit written consent.
- Decompile, reverse-engineer, disassemble, or attempt to derive the source code of the platform.
- Use any automated web-scraping tools, data-mining software, spiders, or bots to harvest content, architectural configurations, images, or floorplans from the platform.
- Remove or obscure any copyright, trademark, or proprietary rights notices embedded within the platform.
5. Disclaimers and Limitation of Liability
- “As-Is” Provision: To the maximum extent permitted by law, the platform and all content contained therein are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, architectural accuracy, completeness, or non-infringement.
- Exclusion of Liability: To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, the Company, its directors, employees, and affiliates will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, without limitation, damages for loss of profits, goodwill, data, financial loss, property investment losses, or other intangible losses resulting from:
- Your reliance on any visual representations, floorplans, prices, or project timelines displayed on the platform.
- Any actions, omissions, representations, or breaches of contract committed by any Developer or agent.
- Any unauthorised access to, alteration of, or data breach affecting your personal information or account data.
- Any technical interruptions, server downtime, system bugs, or software errors.
6. Indemnity
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from your breach of these Terms, your misuse of the platform, or your violation of any third-party rights (including intellectual property or privacy rights).
7. Termination of Account
We reserve the absolute right, in our sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your access to the platform or delete your account for any reason whatsoever, including a breach of these Terms, operational restructuring, or upon the request of regulatory authorities.
8. Governing Law and Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia sitting in New South Wales to resolve any disputes arising out of or in connection with these Terms or your use of the platform.