Last updated: 02 Feb 2025
1. General
1.1 In these Terms of Use, "we", "us", and "our" refer to Riseport Pty Ltd, and "Riseport" refers to our property portfolio tracker Product, including any related websites, platforms, or mobile applications operated by us. References to "you" or "your" are references to the Riseport user.1
1.2 These Terms of Use set out the terms on which we grant you access to, and use of, Riseport and constitute the entire agreement between you and us.
1.3 By accessing or using Riseport, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not use Riseport.
1.4 We may revise these Terms of Use from time to time by updating this document. You will be bound by any such revised Terms of Use.
1.5 It is your obligation to ensure that you have read and agree to the most recent Terms of Use available on the Riseport website.
1.6 We reserve the right to accept or decline, at our discretion, any individual seeking to become a Riseport user.
1.7 You may not use Riseport or accept the Terms of Use if:
a. you are younger than 18; orb. you are not of legal age to form a binding contract with Riseport.
2. Your Obligations
2.1 You may only access and use Riseport to manage your own property portfolio and you are responsible for all activity on your account.
2.2 You must ensure that all information provided by you is true and correct.
2.3 You can have only one active account with Riseport.
2.4 Your access to and use of Riseport must not be illegal or prohibited by any laws.
2.5 You are responsible for taking precautions to ensure that your access to Riseport does not expose you to the risk of viruses or other forms of interference. We are not responsible for any damage caused to your systems or data.
2.6 You must make reasonable efforts to investigate and diagnose technical problems before contacting us for support.
2.7 You are solely responsible for the accuracy of data that you enter into Riseport.
2.8 You are responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized2 use of your account.
2.9 You agree that if any data is provided to Riseport by you, you have obtained all necessary consents.
2.10 You agree to use Riseport responsibly and not attempt to gain unauthorized access to any information, undermine the security of Riseport, or transmit any harmful files.
2.11 You are responsible for any third party you authorize to access your Riseport account.
3. Acceptable Use Policy
3.1 You agree not to use Riseport for any illegal or unauthorized purpose. In addition to the other restrictions outlined in these Terms of Use, you agree not to:
4. Our Obligations
4.1 We will handle your data in accordance with our Privacy Policy.
4.2 We may use cookies and other measures to monitor traffic patterns and improve your experience.
4.3 We will take reasonable steps to ensure the security of your data, but we do not guarantee that there will be no loss or corruption of data.
4.4 We aim to make Riseport available 24/7, but we do not guarantee uninterrupted availability.
5. Fees and Charges
5.1 You agree to pay any applicable fees for using Riseport.
5.2 All fees and charges include GST where applicable.
5.3 You authorize us to invoice you and receive payment in advance for any applicable fees.
5.4 We use a third-party payment processor to securely handle your payment information.
5.5 We do not provide refunds for any fees paid.
6. Intellectual Property
6.1 We own all intellectual property rights in Riseport.
6.2 You retain ownership of the data you input into Riseport.
6.3 You may not adapt, reproduce, store, distribute, or create derivative works from any information on Riseport without our permission.
7. Links to and from Riseport
7.1 Riseport may contain links to other websites. We are not responsible for the content or your use of those websites.
7.2 You may not create a link to Riseport from another website without our consent.
8. Disclaimer and Limitation of Liability
8.1 Riseport is not a financial advisory service and does not provide financial advice.
8.2 We disclaim all warranties, express or implied, with respect to Riseport and the information provided.
8.3 We exclude all liability for any loss or damage arising from your use of Riseport.To the maximum extent permitted by law, we exclude all liability for any consequential, incidental, indirect, or special damages arising out of or in connection with your use of Riseport, even if we have been advised of the possibility of such damages.Our total liability to you for any claim arising out of or relating to these Terms of Use or your use of Riseport, whether in contract, tort, or otherwise, shall be limited to the amount of fees you paid to us in the twelve (12) months preceding the event giving rise to the liability.
8.4 You agree to indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to:
9. Termination
9.1 We may terminate your account and access to Riseport if you breach these Terms of Use.
9.2 You may cancel your account by giving us one month's notice.
9.3 We may also discontinue or suspend your account for any reason by giving you one month's notice.
9.4 Upon termination, you will remain liable for any accrued charges.
9.5 We reserve the right to delete your data upon termination of your account.
10. Disputes
10.1 Any dispute arising in relation to these Terms of Use will be governed by the laws of New South Wales, Australia.
These Terms of Use and any dispute arising out of or relating to these Terms of Use or your use of Riseport shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia to resolve any legal matter arising from these Terms of Use.
Before resorting to litigation, we encourage you to contact us directly to try to resolve any dispute amicably. If we cannot reach a resolution through direct negotiation, the parties agree to first attempt to resolve the dispute through mediation administered by a mutually agreeable mediator in New South Wales, Australia. If mediation is unsuccessful, either party may initiate binding arbitration.
11. Force Majeure
11.1 We shall not be liable for any delay or failure to perform our obligations under these Terms of Use due to any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
12. Miscellaneous
These Terms of Use constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12.1 You may not assign your rights under these Terms of Use without our consent.
12.2 If any provision of these Terms of Use is held to be invalid, that provision will be severed.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms of Use shall be effective unless in writing and signed by the waiving party.
13. Notices
13.1 All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered electronically to the email address provided by the recipient.
13.2 Notices to Riseport should be sent to support@riseport.co
13.3 Notices to you will be sent to the email address associated with your Riseport account.
