Welcome to hovr.

Please read this document carefully. It governs your commercial relationship with us and sets out legally binding provisions which regulate your use of our Website and Platform (including any desktop and mobile versions, and any of our associated smartphone applications) and all of the Services that we make available through our Platform or otherwise provide directly to you.

Operative Provisions

Acceptance and Modification of These Terms

• You may only access, browse and use our Website and Platform (including any desktop and mobile versions of it, and any of our associated smartphone applications) and the Services that we make available through our Platform if you accept these Terms. By accepting these Terms, either by clicking a box indicating your acceptance, or by accessing and browsing our Platform, you agree to be legally bound by, and accept, these Terms and any information linked to these Terms (including our Privacy Policy). These Terms constitute our “Agreement” as it relates to the Platform and the Services.
• If you are accepting these Terms on behalf of a company or other legal entity (whether as authorised employee, agent or attorney), you represent that you have the authority to bind such entity and its Affiliates to these Terms and any Agreement, in which case the terms “you” or “your” shall refer to such entity and its Affiliates.
• We may modify these Terms from time to time by providing reasonable advance notice to you (including by resubmitting revised terms to you for acceptance or notifying you of the update using the email address linked to your Platform Account).
• We will always upload the latest version of these Terms to this webpage.
• If you do not wish to accept these Terms, you must not and cannot use the Website, the Platform, the Services, or any part of them.

Definitions and Interpretation

Definitions

In these Terms:

• Affiliate means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with such party.
• Agreement means the agreement between the parties formed under clause 1.1 and includes any schedules or annexures to these Terms as well as any additional or varied terms agreed between you and us in writing.
• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Control means having more than 50% ownership or the right to direct management of an entity.
• Data means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files).
• Fees means the applicable fees payable by you for the applicable Services ordered on the Platform inclusive of GST.
• Force Majeure Event means war, strike, lockout, natural disaster, flood, earthquake, epidemic or pandemic, act of God, riot, national or regional emergency, government action or restrictions or other circumstances beyond our reasonable control.
• GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
• Indemnified Parties means us, our Affiliates and their directors, employees, contractors, agents, workers and personnel.
• Loss or Claim means any damage, loss, liability, cost or expense (including all reasonable professional costs on a full indemnity basis) incurred by a party or a claim, action, proceeding or demand made against a party, however arising and whether present or future, fixed or unascertained, actual or contingent.
• Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
• Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
• Personal Information has the meaning given in the Privacy Act 1988 (Cth).
• Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
• Platform means the "hovr" website and Platform owned and/or provided by us, the homepage URL of which is https://hovr.me, and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website and Platform and any source code and object code in the Platform, and also refers to any desktop and mobile versions of the website and Platform and any of our associated smartphone applications.
• Platform Account means your account on the Platform that is set up when you register on the Platform or subscribe to the Platform Services.
• Platform Services means the digital services made available via the Platform from time to time, including facilitating the provision of Valuation Services provided by third-party Registered Valuers directly to you. Platform Services excludes Valuation Services but includes the facilitation of and provision of payment services with respect to Valuation Services.
• Platform Services Description means as set out at https://hovr.me/terms/platform-services-description.html.
• Privacy Policy means our Privacy Policy located at https://hovr.me/terms/privacy-policy.html.
• Registered User means as set out in clause 5.1.
• Registered User Data means as set out in clause 8.1.
• Service(s) means any Platform Services or other services provided by us to you as agreed in writing between you and us.
• Service Data means data or Intellectual Property Rights generated by us while providing the Services.
• Terms means the terms and conditions set out on this webpage as amended by us from time to time.
• Third Party Services means any hosted, cloud or software-based services provided by any third party that are or may be integrated with the Platform from time to time in circumstances where you must, in order to activate the integration, have an account with the relevant services provider or obtain activation or access credentials from the relevant services provider.
• Valuation Services means the property valuation services provided by Registered Valuers to you from time to time via the Platform.
• We, Our and Us means EQED Pty Ltd (ACN 648 716 563) of Pyrmont, NSW, 2009.
• You means you, the person who uses or receives the Services or accesses the Platform for any reason, whether or not you are a Registered User of the Platform.

Platform Registration

• We reserve the right to accept or reject any person's registration on the Platform in our absolute discretion.
• Users must register on the Platform prior to using the Platform Services.
• If you submit an application to register on the Platform, you:
  • will be deemed to have irrevocably warranted that during the application process you provided truthful and accurate information only;
  • will be deemed to have irrevocably warranted that you applied for registration on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;
  • if applicable, will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms by that business entity.
• You must ensure that you provide a valid email address at the time of registration.
• We reserve the right to send you an email with a hyperlink requiring you to verify that you are the owner or operator of the email address entered during registration and to cancel/not approve your registration if your rights to the email address are not verified, or where you do not satisfy our other eligibility criteria.
• If any of your contact details or other information provided during the application process change, you must promptly update those details in your Platform Account.
• You must not provide your Platform Account name or password to any person. You are solely responsible for the confidentiality of your username and password and any use of your Platform Account (including unauthorised use).
• You must immediately notify us if you become aware of any unauthorised use of your Platform Account.
• You may cancel your registration on the Platform at any time.

Integrations with Third Party Services

The Platform may be integrated with certain Third Party Services, and we may integrate the Platform with additional Third Party Services at any time.

Registered Users and Fees

• Only users who have a Platform Account ("Registered Users") may access the Platform Services.
• If you are a corporate entity, you may include and register nominated individuals (“Individual Users”) to your Platform Account who may then access the Platform through your Platform Account.
• Once registered through your Platform Account, each Individual User becomes a Registered User for the purposes of these Terms and each accepts and is bound by these Terms.
• You are solely responsible for the actions of any Individual Users accessing the Platform through your Platform Account.
• Registered Users have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes described in the Platform Services Description.
• A Registered User may only access the Platform Services solely for the purposes specified in the Platform Services Description and subject to the provisions set out therein and in these Terms.
• You must pay all costs associated with accessing the Platform, including internet, browser, device, and telecommunications costs.
• If a Registered User fails to pay the Fees in accordance with these Terms, we may suspend and/or terminate their access to the Platform Services and any Registered User Data hosted in the Platform Services.

Payment Gateway

We utilise a third-party payment gateway provided by Stripe ("Payment Gateway") to process payments made to us via the Platform.

Each time you make a payment for the Platform Services using the Payment Gateway, you acknowledge, understand and agree:

• The Payment Gateway may be affected by delays, defects, faults and/or other matters which render it unusable. These may be caused by factors including technical difficulties with the performance or operation of our or the Payment Gateway's software or hardware, or due to problems or malfunctions with the internet or other telecommunications networks.
• We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and we are not responsible for the performance or non-performance of the Payment Gateway.
• You have relied on your own independent assessment and judgment in determining whether the Payment Gateway meets your requirements.
• You agree to comply with the applicable terms and conditions and privacy policy of the Payment Gateway provider (collectively, the "Payment Gateway Agreement"), copies of which are available on the Payment Gateway provider's website at https://stripe.com.

You indemnify us for any loss or damage we incur as a result of any breach by you of the Payment Gateway Agreement.

Payments

• In consideration for the Platform Services, you agree to pay the applicable fees.
• Unless otherwise agreed in writing, you are responsible for any authorisation, administration and/or clearance fees charged by any regulatory authority or other body in relation to the Services.
• If your payment is declined or not accepted for any reason, you will not receive the Platform Services you requested.
• Without prejudice to our other remedies, if you breach any obligation (including those relating to payment) we may suspend or terminate the Services or your Platform access. We are not liable for any loss or damage you suffer as a result of us exercising these rights.

Responsibility for and Ownership of Registered User Data

• If you are a Registered User, you agree that as between you and us, you own all data that you upload into the Platform Services ("Registered User Data").
• You acknowledge that:
  • The Platform Services and/or your Registered User Data may be hosted by us or our suppliers on hardware or infrastructure located in or outside the country of origin of the data.
  • We may not own or operate the infrastructure upon which the Platform Services and/or the Registered User Data is hosted.
• You warrant and represent that:
  • You will only upload, input and transfer Registered User Data into and/or via the Platform Services or disclose Registered User Data to us that you are fully entitled and authorised to upload, input, transfer and disclose.
  • Your Registered User Data and our collection, use, storage and/or disclosure of it in providing the Platform Services will not breach any applicable law or rights of any person.
• Each Registered User is solely responsible for the accuracy, legality and quality of their Registered User Data and for obtaining all necessary permissions, licences, rights and authorisations for us to use, host, transmit, store and disclose it in connection with the Platform Services.
• You are solely responsible for backing up and archiving all Registered User Data, including paying any applicable fees for doing so.
• Your access to your Registered User Data hosted by the Platform Services is subject to your compliance with these Terms.
• We are not responsible for any loss, corruption or hacking of Registered User Data.
• You indemnify us for any loss or damage we or our suppliers incur in connection with any claim that your Registered User Data is lost, unavailable or corrupted, or that its transmission, storage, disclosure or access infringes the Intellectual Property Rights or other rights of any person, or breaches any law, regulation, code or standard.

Availability of Platform Services

• While you are a Registered User of the Platform, we will use our best endeavours to procure hosting of the Platform Services and your Registered User Data and to ensure that the Platform Services are available.
• Availability of the Platform Services is subject to any bandwidth, database size, throughput, and other technical or non‑technical limitations, as well as any planned or unplanned maintenance of the Platform or our hosting providers.
• You acknowledge that accessibility and use of the Platform, the Platform Services, and your Registered User Data is highly dependent on the proper function of the internet and other computer and telecommunications networks. We are not responsible for any non‑performance associated with those dependencies.
• Except for any Non‑Excludable Guarantees, we do not guarantee that the Platform, Platform Services, or Registered User Data will be uninterrupted or error‑free. You release and indemnify us for any loss or damage you incur, and any claims or complaints you or your customers have against us, in respect of interruptions, errors, or unavailability.

Usage Restrictions

You may not use the Platform except as permitted by these Terms and you must not:

• Sell or resell access to the Platform.
• Scrape, republish, mirror, rent, lend, lease, sell, redistribute, sublicense, copy, or duplicate the Platform or any content obtained from it (other than your Registered User Data).
• Copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from, or enhance the Platform or its content (except as expressly permitted by law).
• Do anything that invalidates or is inconsistent with our Intellectual Property Rights or those of our licensors.
• Use the Platform to infringe our rights or the rights of any third party.
• Use the Platform to create a competing product or service.
• Circumvent any technological protection measures or security measures in the Platform.
• Use the Platform in breach of any statute, regulation, law, or legal right of any person.

Acceptable Use Policy

You agree that the following activities are strictly prohibited:

• Using the Platform to violate the legal rights of any person or entity.
• Engaging in theft, fraud, or other crimes.
• Breaching laws relating to copyright, trade secrets, patents, spam, or privacy, including distributing pirated software.
• Introducing malicious programs such as viruses, worms, Trojan horses, or email bombs into our network or servers.
• Revealing your account password to others or allowing others to use your Platform Account.
• Using another person's credentials or attempting to gain unauthorised access to another person’s Platform Account.
• Making fraudulent offers of goods or services.
• Engaging in security breaches or disrupting network communications, including accessing unauthorised data, logging into unauthorised servers, or corrupting data.
• Intercepting data not intended for you.
• Circumventing authentication or security measures.
• Interfering with or denying service to anyone.
• Running programs or scripts, or sending messages intended to interfere with or disable another person’s use of the Platform.
• Sending unsolicited email in breach of the Spam Act 2003 (Cth).
• Harassing others via email or other messaging methods.
• Breaching another person’s privacy, including identity theft or phishing.

Intellectual Property Rights

• These Terms do not transfer or assign any Intellectual Property Rights to you.
• As between you and us, we own all Intellectual Property Rights in the Platform and Service Data.
• You have no rights in the Platform or any part of it, or in any modification or enhancement, other than the temporary rights granted under these Terms.
• Any Intellectual Property Rights in any comments, feedback, or improvement suggestions you provide to us in connection with the Platform become our sole and exclusive property as soon as you provide them. You assign all such rights to us immediately upon submission, and consent to any infringement of your Moral Rights in those suggestions by us or our authorised third parties.
• You must not take any step to invalidate or prejudice our (or our licensors') Intellectual Property Rights in the Platform.
• You must not register any security interest, purchase money security interest, or otherwise encumber your rights under these Terms or in your Registered User Data.

Responsibility for Third Party Claims

You are solely responsible for, and indemnify us against, any loss or damage we incur in connection with claims or complaints made by third parties that are caused directly or indirectly by your use of the Platform.

Indemnity

You indemnify us and all other Indemnified Parties against any Loss or Claim arising from or relating to:

• Your use of the Platform and/or the Service.
• Your goods, services, advertising, sales, and marketing practices that incorporate or relate to the Service Data or any other information from the Services.
• A breach of these Terms or the Agreement by you.
• A negligent act or omission by you.

App‑Specific Provisions

The following provisions apply only if you use a Platform smartphone application downloaded from the Apple App Store or Google Play:

• These Terms are between you and us, not Apple or Google.
• We are solely responsible for any product warranties for the app, whether express or implied, to the extent not effectively disclaimed.
• If the app fails to conform to any warranty and you obtained it via the Apple App Store, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligations regarding the app.
• We are responsible for addressing any claims you have relating to the app or its possession and/or operation, including:
  • Product liability claims.
  • Claims that the app fails to meet legal or regulatory requirements.
  • Claims under consumer protection or similar laws.
• You release and indemnify us from claims you or others might otherwise have in respect of your acts or omissions regarding the app.
• Apple and Google have no obligation to provide maintenance or support for the app.
• You represent and warrant that:
  • You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country.
  • You are not on any U.S. Government prohibited or restricted party list.
• Apple and Google, and their subsidiaries, are third‑party beneficiaries of these Terms and may enforce them against you.

Hyperlinks

We do not represent, recommend, or endorse any websites to which we have linked from the Platform via hyperlink or otherwise.

Liability

• Except for any Non‑Excludable Guarantees, we do not represent that the information on the Platform or from the Service is accurate, correct, up‑to‑date, or error‑free.
• The information on the Platform or received as part of the Service, or any Valuation Services, is not professional advice from us. We make no warranty about the standard, quality, or accuracy of advice, suggestions, or information obtained through the Platform or from any Registered Valuer.
• We expressly exclude liability for mistakes, inaccuracies, and errors relating to any Registered Valuer to the fullest extent permitted by law. You should seek appropriate financial, legal, or other advice before relying on any information obtained from the Platform or Service.
• We are not responsible if any specifications or instructions provided by you are wrong or inaccurate, and you will be liable for expenses we incur to rectify the Services.
• We are not responsible or liable for any third‑party content on the Platform or in connection with Valuation Services, whether posted by a Registered User, Registered Valuer, or other third parties.
• We do not offer property valuation services ourselves and are not a professional referral service. While we take reasonable steps to verify Registered Valuers’ credentials, we do not warrant their competence, qualifications, or the quality of their Valuation Services.
• We are not a party to, and have no liability for, Valuation Services provided to you by a Registered Valuer. Any claims must be brought against the Registered Valuer, and you indemnify us against all related claims and disputes.
• To the extent permitted by law, we are not liable for indirect, special, or consequential loss, including lost profits, lost opportunities, lost savings, or loss of data resulting from Valuation Services obtained through the Platform.
• Our liability to you for breach of any non‑excludable guarantee under Australian Consumer Law is limited, where permissible, to:
  • If goods are involved:
    • Replacing the goods or supplying equivalent goods.
    • Repairing the goods.
    • Paying the cost of replacing or repairing the goods, or acquiring equivalent goods.
  • If services are involved:
    • Supplying the services again.
    • Paying the cost of having the services supplied again.
• Any warranty against defects provided by us is in addition to your rights under Australian Consumer Law.
• Except for Non‑Excludable Guarantees, all conditions, warranties, and guarantees implied by law are excluded to the extent possible.
• Where our liability is not otherwise excluded, it is limited to the lesser of:
  • The aggregate sum of the fees you have paid us, or
  • AU$1,000.

Termination

• We may terminate the Agreement and your access to the Platform by notice to you if:
  • You breach any material term of these Terms or the Agreement, or
  • It is reasonably necessary to protect our legitimate commercial interests.
• We may take down the Platform or any part of it, or take it offline at any time without notice where necessary to protect our legitimate commercial interests.
• Termination does not affect any accrued rights of either party.

Subcontracting

• We may subcontract any of our obligations under these Terms without requiring your consent.
• We remain responsible to you for the performance of any subcontracted obligations.

Notices

• Any notice issued by us to you, or by you to us, must be in writing and sent by hand delivery, post, or email.
• We will use your contact details as recorded in your Platform Account when sending notices.
• You may contact us or send a notice to us using our contact details specified on our website at https://hovr.me/contact.html.
• Notices delivered by hand are deemed received upon delivery.
• Notices sent by post are deemed received 3 business days after posting domestically, or 10 business days after posting internationally.
• Notices sent by email are deemed received upon confirmation of delivery, read receipt, or confirmation from the recipient.
• We may send you email or other electronic messages concerning your Platform Account and the Platform from time to time.

General

• Other rights: All rights not expressly granted to us in these Terms are reserved by us.
• Amendment: We may amend these Terms at any time. If you are a Registered User, we will notify you of the amendments by providing written notice or via email ("Amendment Notice"). If you do not agree to the amendments, you may cancel your subscription to the Platform Services if the amendment is detrimental to you, by providing written notice to us within 7 days of receiving the Amendment Notice. We will refund you any portion of Service Charges you have paid in advance for a period that has not yet expired at the time of cancellation.
• Assignment: You may not assign, transfer, licence, or novate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, licence, or novate our rights or obligations under these Terms at any time, subject to our Privacy Policy.
• Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder will remain enforceable.
• Relationship: You and we are independent contracting entities, and these Terms do not create any partnership, joint venture, fiduciary, employment, or other relationship.
• Australian Consumer Law: The exclusions and limitations of liability set out in these Terms apply to the fullest extent permissible at law, but we do not exclude or limit liability that may not be excluded or limited by law, including liability under Australian Consumer Law that is prohibited from being excluded.
• Force Majeure: Neither party will be liable for delay or breach of these Terms caused by a Force Majeure Event.
• Entire Agreement: These Terms, our Agreement, and any linked information form the entire agreement between you and us and supersede all prior understandings, representations, arrangements, and agreements relating to their subject matter.
• Jurisdiction: These Terms will be interpreted according to the laws of New South Wales, Australia. You and we submit to the non‑exclusive jurisdiction of the courts in New South Wales.