1. About VendorVault
These Terms of Service (“Terms”) govern your access to and use of VendorVault, including the VendorVault website, platform, software, applications, features and related services (collectively, the “Service”). VendorVault is operated by Portfolioapp Pty Ltd (“VendorVault”, “we”, “us” or “our”). By creating an account, purchasing a subscription, accessing or using the Service, you agree to these Terms. If you are using VendorVault on behalf of a business, agency or other organisation, you represent that you have authority to accept these Terms on its behalf. If you do not agree to these Terms, you must not use the Service.
VendorVault is a software platform designed to assist real estate professionals and related users with managing property sale workflows, documentation, tasks, communications, timelines, compliance processes and other property-related activities. VendorVault provides software and workflow tools only. VendorVault is not a real estate agency, conveyancer, solicitor, accountant, financial adviser, building inspector or other professional adviser. The Service does not replace professional advice, legal obligations, regulatory requirements or the professional judgement of a real estate agent or other user.
2. Eligibility
You must be legally capable of entering into a binding agreement to create and use a VendorVault account. If you use VendorVault in connection with your employment or on behalf of an agency, company or organisation, you confirm that you have permission to do so. You are responsible for ensuring that your use of VendorVault complies with all laws, professional obligations, agency policies and regulatory requirements applicable to you.
3. Accounts
You may be required to create an account to access some or all of the Service. You agree to provide accurate, complete and current information when creating and maintaining your account. You are responsible for:
- maintaining the confidentiality and security of your login credentials;
- all activity occurring through your account;
- ensuring authorised team members use the Service appropriately; and
- notifying VendorVault promptly if you suspect unauthorised access to your account.
You must not share account credentials with unauthorised persons or attempt to gain access to another user's account. We may require you to verify your identity or account information where reasonably necessary for security, fraud prevention or administration of the Service.
4. Organisations and Team Accounts
VendorVault may allow accounts to be associated with an agency, business, team or other organisation. Where you create or administer an organisation within VendorVault, you are responsible for managing authorised users and their access. An organisation administrator may be able to add or remove users, manage permissions, access organisation information and control certain organisation settings. If your access to an organisation is removed, you may lose access to information associated with that organisation.
5. Property Vaults
VendorVault may allow users to create individual workspaces or “Vaults” relating to properties, vendors, buyers, transactions or other real estate activities. Users are responsible for ensuring that information entered into a Vault is accurate and that they have the authority to collect, upload, store, use and share that information. You must not use a Vault to store information that you do not have a lawful or legitimate reason to possess.
6. User Content and Documents
You may upload, create, enter, store or share information through VendorVault, including documents, photographs, property information, contact details, notes, dates, tasks and other materials (“User Content”). You retain ownership of your User Content. You grant VendorVault a limited, non-exclusive licence to host, store, process, reproduce and transmit User Content only to the extent reasonably necessary to operate, maintain, secure and improve the Service and provide its functionality to you. You represent and warrant that:
- you have the necessary rights or authority to provide the User Content;
- your use of the User Content through VendorVault does not unlawfully infringe another person's rights;
- your collection and use of personal information complies with applicable privacy laws; and
- where required, you have obtained appropriate consent or authority from the relevant person.
VendorVault does not claim ownership of your property documents, client information or other User Content.
7. Personal Information
VendorVault may process personal information relating to agents, property owners, prospective buyers, contractors, conveyancers and other persons. You are responsible for ensuring that you have a lawful basis to collect and enter personal information into VendorVault. You must not upload personal information unnecessarily or use VendorVault to collect information for purposes unrelated to legitimate property, agency or business activities. Our handling of personal information is also governed by our Privacy Policy.
8. Seller and Client Information
Where VendorVault allows you to invite a seller, vendor, client or other person to access part of a Vault, you are responsible for ensuring that:
- the person is authorised to access the information provided to them;
- their contact details are correct;
- information visible to them is appropriate; and
- access is removed where it is no longer required.
VendorVault provides the technical functionality for sharing information but does not determine who should legally or professionally receive that information.
9. Buyer Information
Certain VendorVault functionality may allow users to collect or manage information relating to prospective buyers. You must ensure that buyer information is collected, accessed, used and disclosed only for legitimate purposes and in accordance with applicable laws. You must not make buyer information available to sellers, third parties or other users unless you have authority or a lawful basis to do so.
10. Compliance and Identity Verification Features
VendorVault may provide features designed to assist with compliance activities, identity collection, verification processes, checklists or record keeping. These features are administrative tools only. Unless expressly stated otherwise, VendorVault does not independently verify that:
- a person has satisfied a legal identity verification requirement;
- a transaction complies with anti-money laundering or other regulatory requirements;
- a disclosure obligation has been satisfied;
- a required document is legally valid;
- a licence or authority is current;
- a statutory deadline has been met; or
- a transaction complies with applicable real estate legislation.
You remain responsible for determining and satisfying your professional and legal obligations.
11. Tasks, Timelines, Calendars and Reminders
VendorVault may provide timelines, calendars, notifications, reminders, checklists, due dates and other workflow tools. These tools are provided for convenience only. You remain responsible for monitoring all important dates, statutory deadlines, contractual obligations, appointments and other requirements. You should not rely solely on VendorVault notifications or reminders for time-critical obligations. VendorVault does not guarantee that a notification, email, calendar event, reminder or alert will be delivered, received or acted upon at a particular time.
12. Third-Party Calendar Integrations
VendorVault may allow information to be synchronised or exported to third-party calendar services such as Google Calendar, Microsoft Outlook or other providers. Third-party calendar services are operated independently of VendorVault. We do not guarantee the availability, accuracy or continued compatibility of any third-party calendar integration. Users should independently confirm important dates and appointments.
13. Third-Party Services and Integrations
VendorVault may integrate with or rely upon third-party products and services, including payment processors, email providers, SMS providers, cloud infrastructure, identity providers, property platforms, calendar providers and other software services. Your use of third-party services may be subject to separate terms and privacy policies. VendorVault is not responsible for outages, changes, errors, security incidents or service interruptions caused by third-party providers outside our reasonable control. We may add, modify, replace or discontinue integrations from time to time.
14. Acceptable Use
You must not use VendorVault:
- for unlawful, fraudulent or deceptive purposes;
- to harass, threaten or impersonate another person;
- to upload malicious software or harmful code;
- to interfere with the security or operation of the Service;
- to gain unauthorised access to accounts, systems or data;
- to scrape, copy or systematically extract information from the Service without permission;
- to reverse engineer or attempt to discover the source code of the Service except where permitted by law;
- to distribute spam or unsolicited communications in violation of applicable laws;
- to store or distribute content that infringes intellectual property rights;
- to collect or disclose personal information unlawfully; or
- in a manner that could reasonably damage VendorVault, its users or third parties.
We may investigate suspected misuse and restrict or suspend accounts where reasonably necessary to protect the Service or other users.
15. Subscriptions
Certain VendorVault functionality may require a paid subscription. Subscription pricing, features and billing frequency will be displayed when you subscribe or otherwise communicated to you before purchase. Unless stated otherwise, subscription fees are charged in advance for each applicable billing period. Your subscription will continue until cancelled in accordance with these Terms.
16. Automatic Renewal
Unless otherwise stated at the time of purchase, paid subscriptions automatically renew at the end of each billing period. By purchasing a recurring subscription, you authorise VendorVault and its payment provider to charge your selected payment method for applicable subscription fees until you cancel. You may cancel your subscription at any time. Unless otherwise required by law or stated in these Terms, cancellation takes effect at the end of your current paid billing period and you may continue using the applicable paid features until that date.
17. Free Trials and Promotional Offers
VendorVault may offer free trials, introductory pricing, promotional discounts or other offers. Eligibility requirements and the duration of an offer may be specified at the time the offer is made. Unless expressly stated otherwise, promotional offers:
- apply only to eligible new customers;
- cannot be exchanged for cash;
- may not be combined with other promotions; and
- may be withdrawn or changed for future customers.
Where a free trial converts to a paid subscription, this will be disclosed before you subscribe.
18. 30-Day Money-Back Guarantee
We want new customers to have the opportunity to properly evaluate VendorVault. New paid subscribers are therefore eligible for a 30-day money-back guarantee. If you are not satisfied with VendorVault for any reason, you may request a refund within 30 days of your first paid subscription charge by contacting: connect@vendorvault.com.au The money-back guarantee applies to your first paid VendorVault subscription only. The guarantee does not restart if you cancel and subsequently resubscribe, create another account or subscribe through another account associated with the same person, agency or organisation. Approved refunds will generally be returned to the original payment method. We may take reasonable steps to prevent fraud or misuse of the money-back guarantee. This voluntary money-back guarantee is provided in addition to any rights and remedies available to you under the Australian Consumer Law.
19. Payments
Payments may be processed by a third-party payment provider. You authorise us and our payment provider to charge your selected payment method for amounts due under your subscription. You are responsible for maintaining valid and current payment information. If payment fails, we may retry the payment and may restrict or suspend access to paid functionality until outstanding amounts are paid. We do not store complete payment card details where those details are handled directly by our payment provider.
20. GST and Taxes
Unless otherwise stated, prices displayed to Australian customers are intended to be presented in accordance with applicable Australian pricing requirements. Where GST or another applicable tax is payable, it will be handled as indicated at the time of purchase or on the relevant invoice. You are responsible for any taxes or charges that apply to your use of the Service except taxes imposed directly on VendorVault's income.
21. Changes to Pricing
We may change subscription prices from time to time. Where a price change affects an existing paid subscription, we will provide reasonable notice before the new price applies. If you do not agree to the new price, you may cancel your subscription before the change takes effect. Continued use of a paid subscription after the new price takes effect constitutes acceptance of the updated price.
22. Refunds
Except for the 30-day money-back guarantee, rights available under the Australian Consumer Law, or where we expressly agree otherwise, subscription payments are generally non-refundable once the applicable refund period has expired. Nothing in this section excludes or limits any right to a refund, replacement, compensation or other remedy that cannot lawfully be excluded.
23. Cancellation
You may cancel your VendorVault subscription using the available account or billing settings or by contacting us where those controls are unavailable. Cancellation stops future subscription renewals but does not automatically delete your account or data. Unless otherwise stated, cancellation becomes effective at the end of the current billing period.
24. Account Closure and Data
You may request closure of your VendorVault account. Before closing an account, you are responsible for exporting or retaining any information you are legally or professionally required to keep. Following account closure or termination, VendorVault may retain certain information where reasonably necessary:
- to comply with legal obligations;
- for legitimate business record keeping;
- to resolve disputes;
- to prevent fraud or abuse;
- for security purposes; or
- as otherwise described in our Privacy Policy.
Other account data may be deleted, anonymised or made inaccessible after an appropriate retention period. You should not treat VendorVault as your sole permanent archive for documents that you are legally required to retain.
25. Availability of the Service
We aim to provide a reliable Service but do not guarantee that VendorVault will operate continuously or without interruption. The Service may occasionally be unavailable because of maintenance, updates, technical issues, third-party outages, security events or circumstances outside our reasonable control. We may modify, update or improve VendorVault from time to time. Features may be added, changed or removed as the Service develops. Where practical, we will endeavour to minimise material disruption to users.
26. Backups and Data Loss
VendorVault may use reasonable technical measures designed to protect and back up information. However, no online service can guarantee that data will never be lost, corrupted or unavailable. You are responsible for maintaining copies of documents or information that are particularly important or that you are legally required to retain.
27. Security
We take reasonable measures designed to protect VendorVault and information stored within the Service. However, no method of electronic transmission or storage is completely secure. You are responsible for using appropriate passwords, protecting your devices and credentials, and promptly notifying us of suspected unauthorised access.
28. Intellectual Property
VendorVault and its associated software, branding, designs, interfaces, databases, workflows, documentation, logos and other materials are owned by or licensed to VendorVault and are protected by applicable intellectual property laws. Except for the limited right to use the Service under these Terms, no ownership rights are transferred to you. You must not reproduce, distribute, sell, licence, reverse engineer or create derivative works from VendorVault except with our written permission or where permitted by law.
29. Feedback
If you provide suggestions, ideas or feedback about VendorVault, you agree that we may use that feedback to develop or improve the Service without restriction or obligation to compensate you. This does not give us ownership of your confidential information or User Content.
30. No Professional Advice
Information generated, displayed or organised through VendorVault is provided for administrative and workflow purposes. Nothing provided through VendorVault constitutes legal, conveyancing, financial, accounting, taxation, property valuation or other professional advice. You should obtain appropriate professional advice where required.
31. Real Estate and Regulatory Responsibilities
Real estate legislation, disclosure obligations, licensing requirements and transaction procedures may vary between Australian states and territories and may change over time. VendorVault may provide templates, checklists or workflow suggestions designed to assist users. However, you remain responsible for confirming the requirements that apply to each property and transaction. The presence or absence of a task, document, reminder or workflow item in VendorVault does not determine whether a legal or professional obligation exists.
32. No Guarantee of Transaction Outcomes
VendorVault does not guarantee that use of the Service will:
- result in a property listing;
- result in a property sale;
- increase an agent's revenue;
- prevent a transaction from falling through;
- ensure regulatory compliance;
- ensure documents are complete or legally effective; or
- prevent disputes between parties.
Results depend on circumstances outside VendorVault's control.
33. Australian Consumer Law
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other right that cannot lawfully be excluded. Where a guarantee, condition, warranty or other right is implied by law and cannot lawfully be excluded, these Terms apply subject to that right.
34. Disclaimers
To the maximum extent permitted by law, and subject to any rights that cannot legally be excluded, VendorVault is provided on an “as available” basis. We do not warrant that:
- the Service will always be available or error-free;
- every feature will meet every user's requirements;
- third-party integrations will remain available;
- information entered by users will be accurate;
- notifications or reminders will always be delivered;
- the Service will identify every legal or compliance requirement; or
- use of the Service will produce a particular commercial outcome.
Nothing in this section limits rights that cannot lawfully be excluded.
35. Limitation of Liability
To the maximum extent permitted by law, VendorVault will not be liable for indirect, incidental, special or consequential loss arising from your use of the Service, including loss of profits, revenue, opportunity, goodwill or anticipated savings. To the maximum extent permitted by law, VendorVault's aggregate liability arising from or relating to the Service or these Terms will not exceed the total subscription fees paid by the relevant customer to VendorVault during the 12 months immediately preceding the event giving rise to the claim. This limitation does not apply to liability that cannot legally be excluded or limited. Nothing in these Terms limits any rights or remedies available under the Australian Consumer Law where such rights or remedies cannot legally be limited.
36. Your Responsibility for Claims
To the extent permitted by law, you are responsible for losses or claims arising from:
- your unlawful use of VendorVault;
- information or documents you upload without authority;
- your violation of another person's privacy or intellectual property rights;
- your misuse of personal information; or
- your material breach of these Terms.
This section does not require you to compensate VendorVault for losses caused by VendorVault's own unlawful conduct, negligence or breach to the extent such liability cannot lawfully be excluded.
37. Suspension
We may temporarily suspend or restrict access to the Service where reasonably necessary because of:
- suspected fraud;
- security concerns;
- unlawful activity;
- material breach of these Terms;
- non-payment;
- threats to the Service or other users; or
- requirements imposed by law.
Where appropriate, we will attempt to provide notice and an opportunity to resolve the issue.
38. Termination
You may stop using VendorVault at any time. We may terminate an account where a user materially breaches these Terms, repeatedly misuses the Service, fails to pay applicable fees, engages in unlawful activity or creates a material security or operational risk. Where reasonably practicable, we will provide notice before terminating an account unless immediate action is necessary for security, legal or fraud-prevention reasons. Termination does not affect rights or obligations that accrued before termination.
39. Changes to VendorVault
VendorVault is an evolving software product. We may introduce new features, modify existing functionality or discontinue functionality. Where a change materially reduces the core functionality of a paid subscription, we will endeavour to provide reasonable notice where practicable.
40. Changes to These Terms
We may update these Terms from time to time to reflect changes to VendorVault, applicable laws, business practices or regulatory requirements. The latest version will be made available through the VendorVault website or Service. Where changes are material, we may provide additional notice, such as through the Service or by email. Your continued use of VendorVault after updated Terms take effect constitutes acceptance of those Terms, subject to applicable law.
41. Electronic Communications
You agree that we may communicate with you electronically regarding your account, subscriptions, security notices, service announcements and other matters relating to VendorVault. Marketing communications will be handled in accordance with applicable laws and available communication preferences.
42. Assignment
You may not transfer your rights or obligations under these Terms without our prior written consent. VendorVault may assign or transfer its rights and obligations as part of a corporate restructure, financing, sale of business or assets, merger or similar transaction, subject to applicable law.
43. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
44. No Waiver
If we do not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.
45. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms expressly agreed between you and VendorVault, constitute the agreement governing your use of the Service.
46. Governing Law
These Terms are governed by the laws of Queensland, Australia. Subject to any rights you may have to bring proceedings elsewhere under applicable law, the parties submit to the jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.
47. Contact
If you have questions about these Terms, your subscription or VendorVault, please contact:
VendorVault
Operated by Portfolioapp Pty Ltd Email: connect@vendorvault.com.au Website: vendorvault.com.au