BOX+DICE APP CONDITIONS OF USE

This mobile device application (App) is owned and maintained by Box and Dice Direct Pty Ltd ACN 609 626 995 (Box+Dice, we, us).  By using or viewing the App, or by registering to receive and use the service provided via the App (Service), you agree to be bound by the following terms and conditions of use (Conditions of Use):

1. Use of App 

  1. Your viewing and use of the App and the Service is governed and subject to your agreement to these Conditions of Use.
  2. If you do not agree to these Conditions of Use, you must immediately exit and not use or access the App or the Service, and you are not permitted to use the Service.
  3. You acknowledge and agree that we provide you with access to the App and the Service in consideration for and in reliance upon your agreement to be bound by these Conditions of Use.
  4. You agree that we may include any advertising and promotions on the App at our sole discretion. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  5. We reserve the right to modify or terminate the App or the Service (or both), or your access to the App or the Service (or both) for any reason, without notice, at any time and without any liability to you.
  6. We make the App available via various third party distribution platforms for the purchase of mobile applications (such as the App Store and Google Play). These distribution platforms have their own terms of use (including in relation to the collection, use and disclosure of your personal information). It is your responsibility to ensure you agree to the terms of use of any distribution platform via which you have purchased the App. 

2. App Information

  1. You acknowledge and agree that:
    1. neither Box+Dice nor any related parties of Box+Dice warrant or guarantee the timeliness, accuracy or completeness of any of the information made available on the App or in performing the Service (App Information);
    2. to the maximum extent permitted by law, Box+Dice has no liability in relation to or arising out of the App Information.
  2. Nothing in these Conditions of Use transfers any intellectual property rights incorporated in the App or the Service to you. Furthermore, we retain ownership of any intellectual property rights incorporated in any deliverables provided to you as part of the Service. 

3. Our use of your information

  1. You grant us the right at all times to disclose any information and material that you submit, post, distribute, upload, publish or via the App (Your Material) to third parties as necessary to:
    1. provide the Service to you; and
    2. satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any of your content, in whole or in part, in our sole discretion.
  2. We reserve the right, but are not obliged to remove Your Material and any App Information where we consider it may be illegal, discriminatory, threatening, defamatory or offensive. 
  3. You acknowledge and agree that we may collect and use your personal information subject to the our Privacy Policy at www.boxdice.com.au, the Privacy Collection Statement contained in clause 3.7 and the Privacy Act 1988 (Cth).
  4. We may use Cookie technology on the App to identify your movements around the App. This information provides us with constructive feedback about the App so that we can identify the most effective areas and improve the less popular ones.  Cookies do not identify individual users.  It is a feature of your Internet browser which you can disable at any time.
  5. You warrant to Box+Dice that any personal information you provide to us about a natural person has been collected with that person's consent for it to be provided to us to be used in a manner contemplated by these Conditions of Use including our Privacy Policy. 
  6. The collection of personal information is in accordance with the Privacy Collection Statement contained in clause 3.7.
  7. Privacy Collection Statement

We collect your personal information in order to provide you with the Service. This includes providing your personal information to Real Estate Agencies who have listed, or may list in the future list, properties of the type you have indicated an interest in. 

By using the App you acknowledge your consent to the use and disclosure of your personal information in this manner.

If you don't provide the personal information requested (apart from any fields marked as optional), we will not be able to provide you with the Services.

Your personal information is not likely to be disclosed to overseas recipients but may be held on a server located overseas (such as in the cloud). 

Our Privacy Policy, available at www.boxdice.com.au provides information about:

  • how you may access and correct the personal information that we hold about you
  • how you may complain about a breach of privacy by Box+Dice and how we will deal with privacy complaints

Any queries about Box+Dice and privacy should be directed to our Privacy Officer on [please confirm phone number] or by email at accounts@boxdice.com.au. 

4. Liability

  1. Our liability
    1. To the fullest extent permitted by any applicable law, Box+Dice excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) regarding the provision of the Service and the application or availability of any statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees that any goods or services supplied under these Conditions of Use are of satisfactory quality or fit for their purpose).
    2. To the fullest extent permitted by any applicable law, Box+Dice will not be liable to you (whether under these Conditions of Use or otherwise) for any indirect or consequential loss, loss of profit, data loss, damage to reputation, additional borrowing loss, effects of any insolvency, damage to reputation, claims or allegations by a third party that any material breaches that third party’s rights (including intellectual property rights) arising from your use of the Service. You release and forever discharge Box+Dice from any such liability.
    3. To the extent Box+Dice is able under the law to limit the remedies available to you under these Conditions of Use, Box+Dice expressly limits is liability for breach of a non-excludable statutory guarantee regarding the Service to the following remedies (at its election):
      1. the supply of Services again; or
      2. payment of the cost of having the Service supplied again. 
  2. Your liability
    1. You indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs (on a full indemnity basis), made against us by any third party due to arising out of or in connection with your use of the App or the Service. 
    2. You indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any loss or damage suffered or incurred by us in connection with your use of the Service or your negligent act or omission.
  3. Risk
    1. Except as expressly set out in these Conditions of Use, you use and access the App and the Service at your own risk.
    2. You are responsible for ensuring that your activities on the App are lawful (including by ensuring you have obtained all necessary consorts, permits and authorisation). 

5. No Relationship 

No party to these Conditions of Use has the power to obligate or bind any other party.  Nothing in these Conditions of Use will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.  Nothing in these Conditions of Use will be deemed to authorise or empower any of the parties to act as agent for or with any other party.

6. Notices 

  1. Except as otherwise agreed, any notices by you to Box+Dice must be given by email to accounts@boxdice.com.au.
  2. Box+Dice may give you notice by:
    1. a banner notice on the App display; or
    2. electronic mail to the email address provided by you to Box+Dice during the registration process or to any updated address notified by you to us by correctly using the App; or
    3. via text message to the mobile telephone number provided by you to Box+Dice during the registration process or to any updated number notified by you to us by correctly using the App.
  3. All notices are deemed served in the normal course of transmission.

7. General

  1. Neither these Conditions of Use nor any of the benefits or obligations may be assigned, subcontracted or otherwise transferred or divested by either party without the other party’s prior written consent.  
  2. These Conditions of Use describe the entire agreement between the parties about the use of the App.  Any previous understanding, agreement, representation or warranty relating to the Services is replaced by these Conditions of Use and has no further effect.
  3. Box+Dice, at any time, and at Box+Dice's absolute discretion, vary these Conditions of Use by making available a varied copy of the Conditions of Use on the App.
  4. These Conditions of Use are governed by the law in force in Victoria, Australia.  Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

8. Interpretation

In these Conditions of Use, unless the context otherwise requires:

  1. the singular includes the plural and vice versa;
  2. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  3. a reference to a party, clause, paragraph, schedule or annexure is a reference to a party, clause, paragraph, schedule or annexure to or of these Conditions of Use;
  4. headings are for convenience and do not affect interpretation;
  5. a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
  6. no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it; 
  7. the words "including", "for example", "such as" or other similar expressions (in any form) are not words of limitation; 
  8. a reference to a party includes its executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns; and
  9. a reference to a person means a natural person or body corporate.