Coposit Terms & Conditions

These terms and conditions (Terms & Conditions) apply to all Coposit Services provided to any person by Coposit Pty Limited (ACN 635 371 630) t/as Coposit (‘ Coposit, We, Us or Our ’) including any Associate of Coposit as defined by section 9 of the Corporations Act 2001 (Cth).

Welcome to Coposit.com.au (‘Coposit Website’) and the Coposit software application (the ‘Coposit App’). The Coposit Website and Coposit App are owned and operated by Us.

Please read and consider these Terms & Conditions carefully before choosing whether to use the services offered by Coposit via the Coposit Website and/or Coposit App (‘Coposit Services’).

Your use of all information, data files, written text, computer software, music, audio files or other sounds, photographs, graphics, video, images and materials which You may have access to as part of, or through Your use of the Coposit Website and/or Coposit App (‘Content’) is governed by these Terms & Conditions and any other written agreement You enter into with Coposit.

In the event that You do not agree with any of the Terms & Conditions, please discontinue use of the Coposit Website and/or Coposit App immediately.

Acceptance of Terms & Conditions

These Terms & Conditions apply to You in addition to:
1. any other terms and conditions to which You may be subject to when using, registering for, or participating in the Coposit Services, including but not limited to:
  1. Coposit's Privacy Policy;
  2. a Depositholder Agreement;
  3. a Collection Deed; or
  4. any other written agreement; and
2. any and all relevant third party terms and conditions for associated websites and for any other websites linked to and referred to within the Coposit Services ('Linked Websites') are included in these Terms & Conditions.
  (collectively 'Other Terms')
In the event of any inconsistency between these Terms & Conditions and the Other Terms, these Terms & Conditions will prevail to the extent of the inconsistency.
By accessing or using the Coposit Services, You accept and agree to be bound by these Terms & Conditions as updated from time to time without any limitation or qualification. These Terms & Conditions constitute a legally binding agreement between You and Us.
You warrant to Us that You have the authority to enter into these Terms & Conditions. You agree that Coposit may change and update these Terms & Conditions from time to time and that the most recent version of the Terms & Conditions posted on Coposit's Website or available via the Coposit App will apply and legally bind You. We recommend that You review the Terms & Conditions regularly at www.coposit.com or on the Coposit App. The Coposit Services offered by Coposit are hosted in Australia.

Your use of the Coposit Services and Your privacy rights

You may browse the Coposit Website without creating a user login ('Login'), however, to browse the Coposit App, You are required to create a Login. To use the Coposit Services, You must create a Login. Your Login will allow You to set up a user account ('Account'). Your Account can be created by You when creating a Login. Alternatively, if You submit an enquiry to Us via the Coposit Website or Coposit App, We will create a Login and Account for You.
When You create an Account, Coposit will ask You to provide certain personal information. We will collect and use Your personal information in accordance with these Terms & Conditions and Coposit's Privacy Policy (which is accessible at www.coposit.com.au/privacy-policy or on the Coposit App).
Coposit undertakes to comply with the Australian Privacy Principles and Notifiable Data Breaches Scheme as set out in the Privacy Act 1988 (Cth) in respect of personal information provided by You, information collected by Coposit or the Coposit Services and information regarding the way You access the Coposit Services.
You must not provide any false information to Coposit.
You are responsible for keeping Your Login and Account password secure and must not share Your password with anyone. We have the right to disable, at any time, any Login, Account and/or password (whether chosen by You or allocated by Us) if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms & Conditions.
You must not use a Login and/or Account registered by any other user without their permission.
Coposit endeavours to use reasonable security measures to protect against unauthorised access to Your Account. Coposit cannot, however, guarantee absolute security of Your Account, Your Content or the personal information You provide, and We cannot promise that Our security measures will prevent third party hackers from illegally accessing the Coposit Services. You accept all risk of unauthorised access to the Content You upload or authorise to be uploaded to the Coposit Services. If You know or suspect that anyone other than You knows Your Login details or password, You must promptly notify Us at info@coposit.com.au.
You must not abuse, harass, threaten, impersonate or intimidate other Coposit Services users.
You must not create or submit unwanted email, spam or comments to any user of the Coposit Services.
You must not use the Coposit Services for any illegal or unauthorised purpose or in violation of any law, including any intellectual property law.
You must respect the rights of third party property owners in accordance with these Terms & Conditions and the Other Terms or as otherwise required by law.
You agree that Coposit may access and disclose the information You have given to Coposit or that has been collected by the Coposit Services if Coposit is required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:
1. comply with the law;
2. enforce these Terms & Conditions;
3. respond to claims that any Content violates the rights of third parties;
4. respond to Your requests for customer service; and/or
5. protect the rights, property or personal safety of Coposit and its customers.

Coposit’s Intellectual Property Rights and other rights

Coposit owns, or is licensed to use, the Intellectual Property Rights in the Coposit Services and the Coposit Material. You agree that You do not own or have any interest or claim to any Intellectual Property Rights in the Coposit Services or the Coposit Material.
You must not infringe upon Coposit's Intellectual Property Rights in the Coposit Services and the Coposit Material. In particular, You must not sell, market, license, sublicense, lend, loan, distribute, transmit, rent or lease any Coposit Material or any data generated by the Coposit Services.
You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble or incorporate any of the Coposit Material in whole or in part in any other software or product, or develop derivative works of the Coposit Material or allow others to do so or upload or re-post the Coposit Material to any other site on the internet without obtaining Coposit's prior written consent.
You must not:
1. use or reproduce Coposit’s name or logo without the prior written permission of Coposit;
2. interfere with or disrupt the integrity, functionality or performance of the Coposit Services;
3. circumvent, alter or modify disabling mechanisms which may be resident in the Coposit Services or mechanisms that control access to use of the Coposit Services;
4. gain or attempt to gain unauthorised access to the Coposit Services or related systems or networks;
5. incorporate or use the Coposit Services in whole or in part in any other software, service or product;
6. access (or attempt to access) the Coposit Services or Content on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
7. attempt to disguise the origin of any access (or attempted access) to the Coposit Services; and/or
8. use the Coposit Services for commercial gain by anyone.

Exchange of Contract

You acknowledge that the terms of any contract for sale of real property ('Contract For Sale') entered into between You and an independent third (3rd) party vendor in connection with the Coposit Services are in addition to these Terms & Conditions.
All negotiations and subsequent agreed terms of any Contract For Sale are between You and the vendor nominated in the Contract For Sale. In the event of an inconsistency between the Contract For Sale and these Terms & Conditions, the Contract For Sale shall prevail.
Users of the Coposit Services warrant and are solely responsible to obtain competent legal advice in relation to any Contract For Sale, Depositholder Agreement, Collection Deed or any other agreement that the user wishes to enter into in connection with the Coposit Services.
You agree to enter:
1. a Depositholder Agreement (as defined in the Contract For Sale) between You, the vendor and Us at the time of exchange which sets out further terms relating to the deposit. In the event of an inconsistency between the Depositholder Agreement and these Terms & Conditions, the Depositholder Agreement shall prevail; or
2. a Coposit Collection Deed between You and Us at the time of exchange which sets out further terms relating to the collection of Funds. In the event of an inconsistency between the Coposit Collection Deed and these Terms & Conditions, the Coposit Collection Deed shall prevail.

Payments

Any payment of Funds by You are to be completed via the Ammoze Platform in accordance with the Ammoze Terms & Conditions.
If the payment of Funds by You is facilitated via the Coposit Website and/or the Coposit App, the following applies:
1. Coposit is authorised by the vendor as agent to collect and hold Funds on Your behalf pursuant to the terms of the Contract For Sale and the Depositholder Agreement or Collection Deed (as applicable).
2. Prior to the exchange of any Contract For Sale, You are required to nominate a debit account via the Coposit Website and/or Coposit App direct debit payment process ('Nominated Debit Account').
3. You agree that all direct debits will be deducted from Your Nominated Debit Account on a weekly basis (or as otherwise agreed) in accordance with the Contract For Sale, Depositholder Agreement or Collection Deed (as applicable) and the direct debit instructions You have provided Coposit.
4. If You wish to make a change of Your Nominated Debit Account, this change can be made in writing and via email to Coposit (info@coposit.com.au) at any time.
5. All payments will be processed through a third party authorised deposit-taking institution or payment service provider and their terms and conditions form part of the Other Terms which should be read by You in addition to these Terms & Conditions.
6. We utilise third party direct debit service providers to facilitate the collection of Funds from You. You acknowledge that You must accept the terms and conditions of any third party direct debit service provider as contained on their website, as updated and amended from time to time, before using their payment services.
7. Zepto Payments Pty Ltd (ACN 604 057 598) ('Zepto') is one of Our third party payment service providers. You acknowledge that You must accept the Zepto terms and conditions as contained in Zepto's website, as updated and amended from time to time, before using their payment services. The links to Zepto's website and relevant web pages are listed below for Your reference:
8. It is Your responsibility to ensure that sufficient and clear funds are available when making any payment, including (if applicable) in Your Nominated Debit Account to satisfy any automatic recurring payments.
9. You are solely liable for any charges or fees applied by your authorised deposit-taking institution.
10. If a payment is rejected or missed by the authorised deposit-taking institution of the Purchaser (as defined in the Contract For Sale), or if You fail to make a payment when due, Coposit will issue You (as the Purchaser) with a reminder notice in accordance with the Contract For Sale and Depositholder Agreement or Collection Deed (as applicable) ('Reminder Notice').
11. As the Purchaser, You have four (4) weeks from the date of a Reminder Notice, to rectify all rejected or missed payments and, if applicable, any further rejected or missed payments (subsequent defaults) accrued after a Reminder Notice.
12. If You do not rectify the rejected or missed payments after four (4) weeks from a Reminder Notice, then You will be in breach of Your obligations pursuant to these Terms & Conditions, the Contract For Sale and the Depositholder Agreement or Collection Deed (as applicable).
13. The vendor of the Contract For Sale will be notified of the above breach and the vendor may exercise their right to rescind or terminate the contract as per the terms outlined in the Contract For Sale and the Depositholder Agreement or Collection Deed (as applicable).
14. If the vendor validly rescinds or terminates the Contract For Sale as a result of a default for payment (in accordance with the Contract For Sale and Depositholder Agreement or Collection Deed (as applicable)), You hereby agree to allow Coposit to release, without demand, set off or deduction, any Funds held by Coposit on Your behalf in accordance with the Contract For Sale and Depositholder Agreement or Collection Deed (as applicable) to the vendor.
15. No interest or fees are charged by Coposit on any missed payments by You.
You agree that all notices or any other communications in relation to the Coposit Services will be received in electronic form.
We may conduct checks on Your credit score via third party credit reporting bodies. You acknowledge that You consent to credit checks being conducted by these third party credit reporting bodies on our behalf. We note, however, that the credit checks conducted will not impact your credit score.

Coposit’s liability

You agree that You use the Coposit Services at Your own risk. Coposit does not guarantee the accuracy, integrity or quality of Content.
The Coposit Services are provided to You “as is” and without warranty as to suitability or fitness for purpose or with any implied warranties. Coposit does not warrant or guarantee or make any representation:
1. that Your use of the Coposit Services is legal;
2. as to the performance of the Coposit Services;
3. that the Coposit Services or any part of it will operate uninterrupted or are error-free;
4. that errors and defects in the Coposit Services will be corrected;
5. geographical information in the Coposit Services is accurate, up to date and current; or
6. that the Coposit Services will be updated.
While Coposit has taken reasonable steps to ensure the information it provides via the Coposit Services is accurate and up to date, Coposit does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Coposit Services. You must rely solely on You own assessments and verification of the Content.
You acknowledge that Coposit cannot guarantee uninterrupted access to and use of the Coposit Services at all times.
While Coposit will use reasonable efforts to minimise the risk of software viruses, trojans and malicious code, Coposit cannot, and does not, warrant, guarantee or make any representation that the Coposit Services, or the server that makes the Coposit Services available online, are free of software viruses, trojans or any malicious code.
You are responsible for making sure that Your smartphones, tablets, computers and communication and GPS systems are suitably configured, maintained and operated to enable You to use the Coposit Services.
You are responsible for all telecommunications and data costs (including roaming costs) associated with Your use of the Coposit Services.
Coposit and its respective officers, employees, contractors and agents have no liability for costs, losses or damages of any kind, which You or anyone else may incur, arising directly or indirectly in connection with Your use of the Coposit Services.
Coposit is not liable to You or anyone else for:
1. any loss, expenses or costs to You associated with Your use of the Coposit Services (including any data charges incurred by You);
2. loss of any Content;
3. errors or omissions in the Coposit Services, Other Terms or Linked Websites on the Coposit Services;
4. delays to, interruptions of or cessation of the services provided in the Coposit Services, or Linked Websites; and/or
5. defamatory, offensive or illegal conduct of any user of the Coposit Services, whether caused through negligence of the Coposit Services, its officers, employees or contractors, or through any other cause.
You agree that You will bear the full cost of any necessary repair, correction and maintenance of any of Your smartphone or computer software or hardware, which may be necessary as a consequence of You installing or using the Coposit Services.
You agree to at all times indemnify and keep indemnified Coposit and its respective officers, employees, contractors and agents (each a 'Coposit Officer') from and against any loss (including reasonable legal costs and expenses) or liability incurred (including consequential or indirect loss) by any Coposit Officer arising from any claim, demand, suit, action or proceeding by any person against any Coposit Officer where such loss or liability arose out of, in connection with or in respect of any of the following:
1. a breach of these Terms & Conditions by You;
2. Your use or misuse of the Coposit Services; or
3. publication of or distribution of information supplied by You.
The Coposit Services may provide links to Linked Websites, other internet sites or resources or services provided by third parties. Coposit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. It is Your responsibility to make Yourself aware of the terms and conditions on the Linked Websites, other internet sites or resources or services provided by third parties.

Termination of access

Coposit may terminate or suspend Your access to the Coposit Services at any time without giving You any explanation or justification for the termination of Your access.
Coposit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Coposit Services or any portion thereof with or without notice.
You agree that Coposit has no liability for any costs, losses or damages of any kind arising as a consequence of terminating Your access to the Coposit Services.

Australian Consumer Law

The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to the provision of the Coposit Services to You and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms & Conditions but only to the extent of and duration of the inconsistency.
Where You are entitled to a statutory right or term that Coposit is not able to exclude but Coposit is entitled to limit Your remedy for a breach of that right or term, then Coposit's liability for breach of that right or term is limited to (at Coposit's election):
1. in the case of goods Coposit supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of repairing or replacing the goods or supplying substitute goods); or
2. in the case of services Coposit supplies, the supply of the services again, or the payment of the cost of having the services supplied again.

General

You acknowledge that Coposit may assign its interest in the Coposit Services at any time.
If any part of these Terms & Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of these Terms & Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions will be governed by and interpreted in accordance with the law of the New South Wales and You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms & Conditions.
If You access the Coposit Services in a place outside New South Wales You agree to comply with all laws in force in that place in addition to the Terms & Conditions and all laws in New South Wales.

Definitions

In these Terms & Conditions:
1. Ammoze Platform means Ammoze.com.au and the Ammoze software application.
2. Ammoze Terms & Conditions means the terms and conditions as applicable to the Ammoze Platform.
3. Coposit Material means all:
  1. content, data, agreement, graphics, photographs, images, trademarks, trade names, material, operation manuals and other information Coposit includes in the Coposit Services, or which is made accessible via the Coposit Services; and
  2. software forming part of, or used in connection with, the Coposit Services including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes.
4. Funds means any amount paid by You to Coposit which is held by Coposit for the purposes of a Contract For Sale, whether it is paid by weekly payments or a lump sum.
5. Intellectual Property Rights means all present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions;
6. Related Bodies Corporate has the meaning given to it in section 50 of the Corporations Act.

Interpretation

In these Terms & Conditions, unless the context otherwise indicates:
1. headings are for convenience only and do not affect interpretation;
2. a reference to legislation or a provision of legislation includes all regulations, orders or instructions issued under that legislation or provision and any modification, consolidation, amendments, re-enactment, replacement or codification of such legislation;
3. the singular includes the plural and vice versa;
4. a reference to a person includes a natural person, partnership, body corporate, association, governmental or legal authority or agency or other entity; and
5. a reference to “include”, “including” and “for example”, and similar expressions when introducing a list of items, does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.