Terms of Service

Acceptance of terms

These Terms of Service govern your access to and use of Embercabin (the "Service"), which is operated by PropRadar Pty Ltd (ACN 697 007 140) ("we", "us", "our"). By creating an account or using the Service, you agree to these terms. If you are using the Service for a business, you agree to them on that business’s behalf.

Accounts

You must provide accurate information and are responsible for safeguarding your account and for all activity under it. You must be authorised to act for the business you register.

Plans, billing and trials

Paid plans are billed in advance on a recurring basis. Free plans and trials may have feature or usage limits.

Unless otherwise stated or required by law, fees are non-refundable. We may change pricing with reasonable notice.

Your content and data

You retain ownership of the data you put into the Service. You grant us the limited rights needed to host, process, and back up that data so we can provide the Service. You are responsible for having the rights and consents to use that data, including your customers’ personal information.

Acceptable use

Do not misuse the Service: no unlawful, infringing, harmful, or abusive activity; no attempts to disrupt the Service or gain unauthorised access; and no use that violates the rights of others.

Bookings between you and your customers

The Service is a tool to help you manage bookings and payments with your own customers. Contracts for your services are between you and your customers; we are not a party to them and are not responsible for them.

Intellectual property

The Service, including its software, design, and brand, is owned by us and our licensors and is protected by law. These terms do not grant you any rights to our trademarks or branding.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy you have under that law where it cannot lawfully be excluded.

Disclaimers

Except for guarantees that cannot be excluded by law, the Service is provided "as is" and "as available" without warranties of any kind, to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law, we are not liable for indirect, incidental, or consequential loss, and our total liability arising out of the Service is limited to the amount you paid us for the Service in the 12 months before the claim.

Termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these terms or to protect the Service. On termination you can export your data as described in our documentation for a reasonable period.

Changes to these terms

We may update these terms from time to time. Where changes are material we will give reasonable notice; continued use after changes take effect constitutes acceptance.

Governing law

These terms are governed by the laws of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Australia.

Contact

Questions about these terms? Contact us at [email protected].