Part 1
General Information

1. About this service

Club Propertyshare is an online service and meeting point for people interested in Do it Yourself (DIY) shared property.  Our contact address is P O Box 1066, Hunters Hill 2110, Australia or email us at admin@clubpropertyshare.com .

DIY Shared Property refers to the structuring of an asset (eg house/apartment) into a fractional ownership arrangement by a co-operative of interested people who meet on the site.

Important Notice

The following terms and conditions apply to the use this website www.clubpropertyshare.com  (Website) and the entire contents of the Website. 

Please read these terms and conditions carefully before using this Website.  If you do not agree to be bound by these terms and conditions then you should exit immediately from this Website.  By continuing to browse this Website you will be deemed to have accepted these terms and conditions and agreed to be bound by them.

2. What does Club Propertyshare provide?

Cub Propertyshare provides a service that allows registered members to make contact with others through its Meet Site for the purpose of structuring a DIY fractional ownership arrangement.  Club Propertyshare in no way guarantees you will make contact with people interested in the same sorts of share properties as you and is not obligated to successfully broker any other members for you.

3. How do you become a member of Club Propertyshare?

Membership is via a link on the websites bulletin board.

4. Independent legal and financial advice

Club Propertyshare recommends that a member obtain its own independent financial and legal advice prior to entering into any transaction or arrangement with any other member.

Club Propertyshare advocates the use of trust accounts held in the name of a lawyer/solicitor personally known to you for the transfer of any funds.  Club Propertyshare has compiled the information contained in its e-book and website in good faith.  Members should seek advice from their legal representative or accountant regarding the application of this information to their personal circumstances.

Part 2
Terms and conditions

5. Member obligations

Membership is restricted to individuals.  Companies and commercial operations are not permitted to become members.

Your obligations as a user and member of Club Propertyshare are as follows.  You must at all times:

a) comply with all applicable laws;

b) not act in any manner that may defame, harm or cause damage to Club Propertyshare or any member;

c) immediately notify Club Propertyshare in writing of any breach of these terms and conditions which you become aware of whether a breach by you or any other member;

d) provide complete and accurate personal information when registering to use the service;

e) maintain and keep your personal information up-to-date and accurate at all times during your membership;

f) not register under multiple identities or personas or assume the identity of any other person;

g) at all times communicate and act in good faith when dealing with other members in Club Propertyshare;

h) not contact members or use Club Propertyshare for the purpose of commercial solicitation or sending unsolicited emails (SPAM);

i) and not use Club Propertyshare to promote a business or any other website.

6. Content Posted on the Site

a) The information that you supply to Club Propertyshare and post on the Website must be accurate, complete and not misleading.   

b) Any material that you transmit or post to the Website will be considered non-confidential and non-proprietary.  You waive and release any property right you have to that information and Club Propertyshare will have no obligation or liability with respect to such material including its loss destruction or any third party infringement of any intellectual or other property right in that information.

c) Club Propertyshare may (but is not obliged to) review and delete any content, messages, photos or profiles (collectively, Content) that in Club Propertyshare sole opinion violate these terms and conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members.

d) You are solely responsible for the Content that you publish, submit, post or display (post) on the Website or through this Service, or transmit to other members via the Service. 

7. Restrictions on Use

Club Propertyshare retains all proprietary rights in the Website and the Service.   

The Website and its content is provided for viewing and the prescribed use by members only and is not to be copied, modified, linked, framed or published in any other website or media without our written consent.

Users are prohibited from framing another website, web page or any material into the Club Propertyshare website. All source code, displayed content and design of the website is protected by international copyright law.

8. Member Disputes

You are solely responsible for your interactions with other Club Propertyshare members.  Club Propertyshare reserves the right, but has no obligation, to monitor disputes between you and other members.

9. Service Access

While Club Propertyshare endeavours to ensure that its Website is normally available 24 hours a day, it does not guarantee that it will be uninterrupted or error free.

  Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Club Propertyshare reserves the right to suspend or terminate access to the Website or any communications to or from a member without notice if (in its sole opinion) it believes that you have breached any of these terms and conditions or any law.

10. Disclaimers

The material at this Website is provided 'as is' without any conditions, warranties or other terms of any kind. 

  Accordingly, to the maximum extent permitted by law, Club Propertyshare provides you with this Website on the basis that Club Propertyshare excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

All services provided by Club Propertyshare are provided "as is".  That means that Club Propertyshare does not:

a) review the messages sent through the email system;

b) take responsibility for the content of the messages sent;

c) provide financial or investment advice of any nature;

e) receive any commission or fee for any transaction between registered members.

Club Propertyshare assumes no responsibility for:

a) the timeliness of communications;

b) the mis-delivery of information;

c) the availability of the service;

d) the content, accuracy or inaccuracy of any information received by any member or supplied by any member; or

e) the misconduct of its members.

Club Propertyshare does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity.  You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. 

THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.

11. Limitation on Liability

It is the responsibility of the individual to exercise due diligence to ensure their personal and financial interests are safeguarded at every stage of the co-operative share property process.

No warranty is made to the accuracy or reliability of any information supplied by Club Propertyshare and neither Club Propertyshare, its managers or staff, nor any person involved in the preparation of its e-book and website, accept any form of liability for its content or application.

Nothing in these terms and conditions will exclude or limit Club Propertyshares liability for any liability which cannot be excluded or limited under applicable law.

Subject to the foregoing, Club Propertyshare will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.

Subject to the foregoing, Club Propertyshare’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Club Propertyshare for the Service.

12. Copyright - Ownership of rights

All materials on the Website are copyrighted and are protected under treaty provisions and world-wide copyright laws.

All rights reserved.

Club Propertyshare’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Club Propertyshares written permission.  Except as expressly stated in these terms and conditions, Club Propertyshare does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property or proprietary information.

13. Release

In the event that you have any claim or action against any other member arising from that member's use of the Website or the Service, you agree to pursue such claim or action independently of and without any demands from Club Propertyshare, and you release Club Propertyshare from all claims, liability and damages, arising from or in any way connected to the claim or action.

In the event that a claim or action is brought against Club Propertyshare from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend Club Propertyshare in the claim or action.  You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Club Propertyshare to assume the exclusive defence and control of the matter.

14. Indemnity

You agree to unconditionally and irrevocably indemnify and hold harmless Club Propertyshare for any loss, cost, damage, expense or liability incurred or which may be incurred by Club Propertyshare (any of its directors, employees or representatives) arising from or connected to any breach of these terms and conditions by you.

This indemnity survives the terms of your membership.

Club Propertyshare may at any time make a demand under this indemnity.

15. U.S. Export Controls

Software from this Website (Software) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported:

  a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or

b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Variation of Terms and Conditions

Club Propertyshare may from time to time amend, update or change the Website including these terms and conditions without prior notice.  You agree to be bound by these terms and conditions as varied, amended or replaced from time to time.

17. Waiver

Club Propertyshare's failure to exercise or enforce any one or more of its rights under these terms and conditions will not constitute a waiver of its rights unless such waiver is granted by Club Propertyshare in writing.

18. Governing Law

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of New South Wales without regard to its conflict of law provisions. 

You agree to submit to the personal jurisdiction by and venue of the courts of New South Wales.

19. Acceptance of these terms and conditions

You will be deemed to have accepted these terms and conditions and agreed to be bound by them upon use of the Website, whether or not you decide to become a member..

20. Entire contract

These terms and conditions set out the entire agreement between you and Club Propertyshare regarding the use of the Website and/or the Service. 

If any term or condition is held invalid, the remaining terms and conditions will continue in full force and effect.

21. Further information

Please email us at admin@clubpropertyshare.com with any questions regarding this agreement.