Terms of service

By signing up for this My Property Exchange service (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time by visiting this web page.

My Property Exchange reserves the right to update and change the Terms of Service by posting updates and changes to the My Property Exchange website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms:

1. You must be 18 years or older to use this Service.
2. You must provide a valid email address and any other information needed in order to complete the signup process.
3. You are responsible for keeping your password secure. My Property Exchange cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You may not use the service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and NSW.
5. You must not transmit any worms or viruses or any code of a destructive nature.
6. A breach or violation of any of the Account Terms as determined in the sole discretion of My Property Exchange will result in an immediate termination of your services.

General Conditions:

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service User Agreement and the Privacy Policy before you may become a My Property Exchange account holder.

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. My Property Exchange does not warrant that the service will be uninterrupted, timely, secure, or error-free.
5. You expressly understand and agree that My Property Exchange shall not be liable for any direct, indirect, incidental, special, consequential orexemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
6. Technical support is only provided to paying account holders and is only available using the options on our support pages.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by My Property Exchange.
8. Verbal or written abuse of any kind (including threats of abuse or retribution) of any My Property Exchange customer, My Property Exchange employee, member, or officer will result in immediate account termination.
9. The failure of My Property Exchange to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and My Property Exchange and govern your use of the Service, superseding any prior agreements between you and My Property Exchange (including, but not limited to, any prior versions of the Terms of Service).
10. Questions about the Terms of Service should be sent to info@mypropertyexchange.com.au

Payment of Fees:

1. Pursuant to the Conveyancing Licensing Act, 2003 (NSW) (“the Act”) we are required to set out the terms of our engagement and your rights. These are sumarised the Costs Agreement that we will forward to you.
2. The Cost Agreement document is an offer to enter into a costs agreement with you. The disclosure requirements which we are required to provide you under the Act are contained in, and form part of, this document.
3. Additionally We will incur expenses and disbursements (being money which we pay or are liable to pay) to others on your behalf which we will charge you for. We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.

Cancellation and Termination:

1. You may cancel your account at anytime by emailing wade@mypropertyexchange.com.au
2. We will not continue to do the Services;
   1. if you fail to pay our bills;
   2. if you fail to provide us with adequate instructions within a reasonable time;
   3. if you give instructions that are deliberately false or intentionally misleading;
   4. if you fail to accept an offer of settlement which we think is reasonable;
   5. if you fail to accept advice we (or counsel) give you;
   6. if you engage another law practice to advise you on this matter without our consent;
   7. if we, on reasonable grounds, believe that we may have a conflict of interest, or if you indicate to us that we have lost your confidence;
   8. or for other just cause.
3. We may cease providing the Services by giving you reasonable notice. Such notice will (unless not practicable) be generally at least seven (7) days and will state the grounds on which the notice is based.
4. You may terminate this Agreement in writing at any time.
5. If the agreement is terminated either by you or us, you will be required to pay our professional fees and charges for work done, and for expenses and disbursements incurred, up to date of termination. For lump sum fee matters, you must pay the part of our lump sum fee that we reasonably estimate has been incurred in respect of the legal services provided to you up to the date of termination, plus charges, expenses and disbursements, subject to your right to a costs assessment. You will be liable to pay our costs whether or not the other party to any court proceedings has to pay your costs of the proceedings.
6. On termination, we are entitled to retain possession of your papers and documents while there is money owing to us for our charges and expenses, unless and until security is provided for our costs, we confirm that we shall hold a caveatable interest in any security property as assurance for payment of our account.
7. We reserve the right to modify or terminate the My Property Exchange service for any reason, without notice at any time.
8. Fraud: Without limiting any other remedies, My Property Exchange may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices:

1. Prices for using My Property Exchange are subject to change upon 14 days notice from My Property Exchange. Such notice may be provided at any time by posting the changes to the My Property Exchange Site (www.mypropertyexchange.com.au) or as an announcement in your Lighthouse account.
2. My Property Exchange reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
3. My Property Exchange shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

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