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Terms and Conditions.

Property Exchange Australia Limited (PEXA) is an electronic lodgement network operator. In these terms and conditions, any reference to “PEXA”, “we”, or “us” is a reference to PEXA.

You are buying and/or selling property and your lawyer or conveyancer is a PEXA Subscriber, using the PEXA System to facilitate and settle your property transaction(s).

SettleMe is a web-based application which enables you to track the status of your settlement as it progresses through the PEXA System.

These terms and conditions govern your use of the SettleMe application.

PEXA will take all care to have SettleMe display information as it has been entered into the PEXA System and updated at regular intervals. PEXA does not accept responsibility for delays in updating information into SettleMe, application unavailability or website downtime. PEXA makes no representation or warranty as to the reliability, accuracy or completeness of the information contained in SettleMe or that the application will be uninterrupted or error free. You should not act on the basis of any information contained in SettleMe without first obtaining specific professional advice.

You should take reasonable steps to protect user name and password and to prevent unauthorised access to your device.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the SettleMe application.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this application is not illegal or prohibited by laws which apply to you or in your location.

PEXA retains all intellectual property in the PEXA System and the SettleMe application and grants you a limited, non-transferrable licence to access the application for the purposes of tracking your own property transaction.

PEXA reserves the right to alter the SettleMe application, including adding or removing features or enhancements. PEXA may notify you of enhancements and new offerings by: giving notice within the SettleMe application; publication on the PEXA website (www.pexa.com.au); and/or email sent to you directly.

These terms and conditions may be altered by PEXA and any amendments notified to you by: giving notice within the SettleMe application; publication on the PEXA website (www.pexa.com.au); and/or email sent to you directly. Any amended terms or conditions will apply to your use of the SettleMe application from the time the changes are made.

These terms and conditions are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or the SettleMe application.

If you are accepting these terms and conditions on behalf of a company, you warrant that you are authorised to accept the terms and conditions on behalf of the company.

PEXA is an electronic lodgement network operator and in the course of operating an electronic lodgement network will collect personal information about you from your lawyer or conveyancer and may also collect your personal information from other parties, including other participants in the electronic lodgement network.

More information about PEXA’s collection, use and disclosure of personal information can be found in our privacy policy. These terms and conditions should be read together with, PEXA’s privacy policy available at www.pexa.com.au/privacy-policy.

In providing the SettleMe application to you we will also collect personal information about you, including your email address, full name and date of birth directly from you and may collect information about the property you are buying or selling, including the property address, property attributes and photographs of the property which alone or together with other information we hold, may be information about you.

If you do not provide your full name, email address and date of birth to PEXA, PEXA will be unable to verify you are a party to your property transaction and as a consequence, PEXA will be unable to provide you with access to the SettleMe application and the information about your property transaction.

If you upload any photographs to the SettleMe application you warrant that you own the right to those photographs and are not infringing the intellectual property, privacy or proprietary rights of any other person and you grant PEXA a non-exclusive, transferrable, royalty free licence to store, use and disclose those photographs as part of our business activities.

Whether we collect your personal and property information from you or from third parties, you agree that we may use and disclose it in accordance with our privacy policy and in accordance with these terms and conditions.

We may use your personal and property information:

  • For the purposes of providing the SettleMe application and related initiatives.
  • To track trends in the property market.
  • To identify patterns of behaviour in property transactions and the property market generally, to detect anomalies and to identify suspicious or potentially fraudulent behaviour.
  • To collate, aggregate, compare, de-identify, retain, sort, package and/or transform personal information either alone or together with information about other entities for the above purposes and the purposes generally of facilitating property transactions, the property market and the electronic lodgement network.
  • To directly market additional products and services to you and which marketing you may opt not to receive by contacting PEXA on the details provided below at any time.
  • To send you commercial electronic messages, including to advertise or promote our services and which messages you may unsubscribe from by contacting PEXA on the contact details below at any time, or by unsubscribing when you receive such a message from PEXA.

We may disclose your personal and property information:

  • To other parties in the property transaction who are also using the SettleMe application to monitor the same transaction, including practitioners acting for you or those other parties.
  • To other parties with an interest in the property transaction who are using the same or a similar application to monitor the same transaction, including real estate agents or brokers connected with the transaction.
  • To companies connected or affiliated with PEXA, including related entities, subsidiaries and group companies for use in any business purposes of those organisations.
  • To third parties to facilitate property transactions and the property market generally.
  • To government and reporting agencies in the course of facilitating property transactions and tracking trends in the property market.
  • To third parties in relation to or for the purposes of property valuation, validation of credit queries, verification of identity, preparation of reports and indices and/or historical property reports and information.
  • To third parties in relation to property market trends, analysis and/or anomalies.
  • To third parties so that they may use that information to market their products and services to you, including but not limited to utilities connection and disconnection, removalist and cleaning services. You can contact PEXA at the contact details below at any time if you want PEXA to stop using or disclosing your personal information to third parties for the purpose of those third parties marketing to you.

Our disclosure of your personal and property information may be to third parties in other states and territories of Australia.

The nature of the property industry means that trends including duration of property ownership and number of properties owned over a lifetime may take several years to monitor which means that collection and retention of data by PEXA, including your personal and property information is a longterm endeavour and your personal information may be indefinitely stored, held, used, disclosed by PEXA in accordance with these terms and conditions and our privacy policy.

You may contact PEXA directly via email at support@pexa.com.au to opt out of any direct marketing by PEXA or the provision of your contact details to third parties for the purposes of direct marketing.

PEXA Business Address: Level 35, Rialto North Tower, 525 Collins St, Melbourne VIC 3000

Telephone Number: 1300 084 515

Fax (optional): (03) 9621 2182

Email: support@pexa.com.au