Mirvac App Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE APP OR THE SERVICES.
Welcome to the Mirvac App (the "App"). This App is owned and operated by the Mirvac Group which comprises Mirvac Limited (ABN 92 003 280 699) and Mirvac Funds Limited (ABN 70 002 561 640, AFSL 233121) as the responsible entity of Mirvac Property Trust (ARSN 086 780 645) (collectively “Mirvac” or “Mirvac Group”) (referred to as “Mirvac App”, “we”, “us” and “our”).
These terms and conditions of use (these "Terms of Use") should be read together with our privacy policy (the “Privacy Policy”), which is available at
Your access to and use of this App, including any: (i) software, data, information, content or materials that are located on, form part of, or are available through or in connection with this App (the “App Material”); and (ii) services provided through or in connection with this App (the “Services”), is governed by these Terms of Use, any other terms or conditions posted on or communicated to you via the App from time to time, and the Privacy Policy. By accessing or using this App you are deemed to agree to these Terms of Use, such other terms and conditions, and the Privacy Policy. If you do not agree to these Terms of Use, such other terms and conditions or the Privacy Policy, you must immediately exit and not access or use this App, the App Material or the Services.
CONTACTING US
All correspondence with us, including any queries you may have regarding this App or these Terms of Use, should be sent to:
Email: mirvacapp@mirvac.com
Address: Level 28, 200 George Street Sydney, NSW 2000
Changes to these Terms of Use
We may from time to time (with or without notice to you) amend or update these Terms of Use at our sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this App is the current version displayed on this App at the time you access or use this App. By continuing to access or use this App after such changes, you are deemed to agree to be bound by such changes.
Different types of Users
Subject to these Terms of Use, any person may access or use this App via the internet without registering with or disclosing any personally identifying information to us (an “Unregistered User”). To make full use of the functionality of this App, a person will need to register with us (a "Registered User"). We may refuse any request for registration. Unregistered Users and Registered Users are referred to collectively in these Terms of Use as “Users”. We may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users.
You are responsible for keeping all usernames, passwords and other personal information secure and private at all times.
Registration
If you wish to become a Registered User, you must provide us with certain true and correct personal information about yourself (the “User Registration Information”), as requested by the relevant registration page on this App. Information requested may include your: login user name and password; email address; name; title; date of birth; home address; postcode; country of residence; telephone numbers; payment details; and billing address. You must promptly notify and update us if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to us contacting you via such means. If you become a Registered User, you are deemed to give consent to your user name being divulged on the App, including to other Users.
The collection, holding, use and disclosure of your personal information is governed by our Privacy Policy.
Use of the App Material and Services
Subject to your compliance with these Terms of Use, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to access and use the App, the App Material and the Services, for your personal, non-commercial use, as contemplated by the App.
The App Material and Services are provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances.
Intellectual Property Rights
All intellectual property rights (including copyright, patents, database rights and trade mark rights) subsisting in, relating to or arising out this App, the App Material or the Services are owned by and vested in us (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in our (or our licensors’) intellectual property rights to you.
Submitted Materials
This App may allow Users to submit or post data, information, content and materials (“User Material”) to this App and/or us, for access and use by other Users and/or us. (References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material.) We do not systematically review User Material submitted by Users and are not responsible for the form or content of any User Material.
If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, patent, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including us and our representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) except with our prior written consent, advertise any product or service or solicit any business.
You agree that we may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by us and/or other third parties; (iii) use your User Material for our business purposes, including to promote, market or advertise this App, the Services, and our business; and (iv) directly or indirectly commercially benefit from your User Material.
We do not claim any ownership rights in your User Material. However, by submitting User Material you are deemed to grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public and make an adaptation in respect of that User Material.
Prohibited activities
You must not submit, post, upload, email or otherwise send or transmit to this App, us, any User or any other person anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this App. You must not interfere with this App or the servers or networks underlying or connected to this App or violate any of the procedures, policies or regulations of this App or any networks connected to this App. You must not impersonate any other person while using this App, conduct yourself in an offensive manner while using this App, or use this App for any illegal, immoral or harmful purpose.
Linking and framing/embedding
You must not (and must not allow or authorise) linking to this App from any other App or location on the internet or otherwise, except where such linking is to the home page of this App.
You must not (and must not allow or authorise) the framing or embedding of all or any part of this App on or in any other App or location on the internet or otherwise, under any circumstances.
Confidentiality of user name and password
If you are a Registered User, you must not disclose your login user name or password for this App to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform us. To the extent that the functionality of this App does not already require Users to do so, you must change your password regularly (and, in any event, at least once per month).
Cessation of services
We may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this App, the App Material or the Services for any reason whatsoever or for no reason, including where we believe that you are in breach of these Terms of Use.
Indemnity by you
You must indemnify us (and our officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by us (or our officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.
Other Apps and Websites
We are not responsible for the policies and practices of apps and other websites operated by persons other than us, even if: (i) you access them using links on this App; or (ii) are directed or link to this App using links on such apps and websites. We recommend that you carefully review the terms and conditions of use and privacy policies of every app and website you access or use. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and that we have no responsibility for your actions when using other app or websites.
Changes to this App
We may (with or without notice to you) make changes to this App, the App Material and the Services.
Availability of this App
This App, the App Material and the Services are provided on an “as available” basis and we shall not be liable if this App, the App Material or the Services are unavailable for any period. We may (with or without notice to you) temporarily suspend access to this App, the App Material and/or the Services or indefinitely close down this App at any time. We do not represent, warrant or undertake that this App, the App Material or the Services will be error, defect, “bug” or “virus” free. We do not guarantee that the App will function on a particular device or hardware.
Accuracy of this App
This App, the App Materials and the Services are provided on an “as is” basis and we make no representations, warranties or undertakings with respect to this App, the App Material or the Services, including as to the currency, accuracy or completeness of this App, the App Material or the Services.
Disclaimer
Except to the extent that the same may not be excluded or limited as a matter of applicable law, we exclude all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this App, the App Material or the Services are of satisfactory quality or fit for their purpose).
Limitation of liability
Except to the extent that the same may not be excluded or limited as a matter of applicable law, we are not liable for any loss or damage, however caused (including by our negligence) suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this App, the App Material or the Services.
This App, the App Material, and the Services are intended for private and domestic purposes only. If you use this App, the App Material or the Services for any other purpose, including commercial or business purposes, you do so at your sole risk and expense.
If any law implies a condition or warranty into these Terms of Use in respect of goods or services supplied, and our liability for breach of that condition or warranty may not be excluded but may be limited, our liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, us doing any one or more of the following (at our election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, us doing either or both of the following (at our election): supplying the services again; or paying the cost of having the services supplied again.
Termination
You may end your access to and use of this App (in whole) at any time by deleting your account. Ending your access in this way will end your ability to access the App and you will need to register again with us if you change your mind. You may also end your access to certain App Material and Services by removing the relevant activity, event, facility or other content. Any data or personal information we have collected about you or your use of the App or Services will be retained and destroyed in accordance with our Privacy Policy.
Force majeure
We will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this App, the App Material or the Services or any delay or other failure by us to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond our control.
Assignment
You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. We may assign, transfer, sub-contract or otherwise dispose of any or all of our’ rights and/or obligations under these Terms of Use.
Entire agreement
These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on this App from time to time, constitutes the whole agreement between you and us relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
If there is a contradiction or inconsistency between these Terms of Use and any other terms, notices, policies, communications or documents relating to the App, the App Material or the Services, these Terms of Use will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
Rights cumulative
The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise (including under any other agreement between you and us).
Waiver
No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
Invalidity
If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.
Governing law
These Terms of Use are deemed to be governed by, and must be construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Interpretation
In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.
Mirvac acknowledges Aboriginal and Torres Strait Islander peoples as the Traditional Owners of the lands and waters of Australia, and we offer our respect to their Elders past and present.
Artwork: ‘Reimagining Country’, created by Riki Salam (Mualgal, Kaurareg, Kuku Yalanji) of We are 27 Creative.