Terms of Service

1. These terms

These terms form a contract between you and Entity name pending ASIC registration(ABN 61 812 040 025) ("we", "us"), the operator of Collective Compound ("the Platform").

By creating an account, accessing the Platform, or being granted access to a portfolio, you agree to these terms. If you are agreeing on behalf of a company, trust or partnership, you warrant that you are authorised to bind it. Our Privacy Policy forms part of these terms.

2. What the Platform is, and what it is not

The Platform records a property portfolio and calculates a position from the data you and your advisers put into it: figures, forecasts, reports and extracts, including tax-related estimates.

It is not tax advice

• We are not a registered tax agent or BAS agent under the Tax Agent Services Act 2009 (Cth), and we do not provide tax agent services as defined in that Act.
• Every tax-related figure the Platform produces is an estimate generated from the data you supplied, using a published rule set. It is a calculation, not an ascertainment of your liabilities, obligations or entitlements, and not advice about them.
• You must not rely on any output of the Platform to satisfy a taxation obligation or to claim a taxation entitlement. Every figure must be reviewed, and where appropriate corrected, by your own registered tax agent before it is used in a return, an election, or any dealing with the Australian Taxation Office.
• The Platform is not lodgement software. It does not lodge anything.
• Extracts produced by the Platform are working papers for your registered tax agent, labelled as working drafts. That labelling must not be removed, obscured or defeated.

It is not financial, credit, investment, legal or valuation advice

• Nothing on the Platform is financial product advice. We do not hold an Australian Financial Services Licence, and nothing here is a recommendation to acquire or dispose of any property or financial product.
• Nothing on the Platform is credit assistance under the National Consumer Credit Protection Act 2009 (Cth). We do not hold an Australian Credit Licence. Loan figures are modelling based on data you enter, not an assessment of what you can or should borrow.
• The Platform is not a valuer. Property values shown are recorded from sources you or your advisers supply, or indexed forward from them, and are not a market valuation.
• Nothing on the Platform is legal advice, including anything relating to trusts, ownership structures, tenancy law or land tax.

You are responsible for obtaining your own professional advice. We are not responsible for decisions you make.

3. Documented limitations

The Platform has known, deliberate limitations in what it can currently calculate, and it maintains a running record of them rather than restating a fixed list here that would go stale. That record, and the sourcing behind every tax figure the Platform produces, are set out inside the Platform under Reporting → Methodology & Limitations once you are signed in, and are incorporated into these terms by reference. Any limitation notice shown on a specific screen or export also forms part of these terms for that output.

4. Your account

• You must give accurate registration information and keep it current.
• You are responsible for activity under your account. Keep your sign-in details and any sign-in codes to yourself.
• Tell us promptly if you believe your account has been accessed without your authority.
• We may refuse, suspend or close an account.
• Access to the Platform may be limited to invited participants during any pilot or early access period.

5. Your data, and other people's data

Ownership

As between you and us, you own the data you put into the Platform. We claim no ownership of it. We hold it to run the Platform for you, under a licence you grant us to host, process, transmit, back up and display it for that purpose and to meet our legal obligations. That licence ends when the data is deleted.

Information about other people

This matters more on this Platform than on most, because a portfolio holds information about people who are not users: tenants, dependants, partners, co owners, brokers, property managers and inspectors. You warrant that:

• you are entitled to provide us with any personal information you enter or upload about another person;
• you have complied with your own obligations to those people, including any notification obligation, in your capacity as a landlord, a client of a managing agent, or otherwise; and
• you will not upload information about another person that you are not permitted to hold or share.

You must not use the Platform to compile information about a person for a purpose unrelated to managing your own portfolio, and you must not use it to assess or screen a prospective tenant.

Accuracy

The Platform calculates from what it is given. If the data is wrong, incomplete or out of date, the outputs will be wrong. Keeping the data accurate is your responsibility, and reviewing the outputs is your and your adviser's responsibility.

6. Access you grant to others

You can invite advisers, family members and accounting firms and grant them access to specified parts of your portfolio. You are responsible for who you invite and what you grant; an invited party's access is scoped, and you can revoke it. We are not a party to your engagement with any accountant, broker or adviser: their advice is theirs, not ours, and we do not review, endorse or take responsibility for it. If you access a portfolio as an adviser, you may use it only for the purpose the account holder granted it for, and you must comply with your own professional and privacy obligations.

7. Acceptable use

You must not:

• use the Platform in breach of any law;
• access or attempt to access data belonging to another portfolio, or attempt to circumvent the access controls, role restrictions or scoping in the Platform;
• probe, scan or test the security of the Platform without our prior written consent, or interfere with its operation;
• use automated means to extract data at scale, or copy the Platform's structure, rule set or outputs to build a competing product;
• resell, sublicense or provide the Platform as a service to third parties without our written agreement;
• remove, obscure or defeat any working-draft label, limitation notice or disclaimer on any screen or export;
• upload malicious code, or content that is unlawful, defamatory or infringing;
• represent that the Platform's output is tax, financial, credit or legal advice, or present it to a third party as advice from a registered practitioner; or
• use the Platform to screen, blacklist or assess prospective tenants.

If you find a security issue, tell us and give us a reasonable opportunity to fix it before disclosing it. We will not pursue you for a good-faith report made on that basis.

8. Availability, changes and fees

We aim to keep the Platform available but do not warrant uninterrupted or error-free operation, and we do not currently offer a service-level commitment. We may change, add to or remove features; where a change materially reduces functionality you rely on, we will give reasonable notice. We may need to suspend access for maintenance or to address a security issue.

Fees, billing and refunds: the Platform is provided at no charge during the pilot. No fee is payable for it today, and no payment details are collected. If fees are introduced later, we will tell you what they are and give you reasonable notice before any fee applies to you, so that you can decide whether to keep using the Platform. Where the Platform is provided at no charge during a pilot, it is provided on an as-is basis and either party may end it on notice.

9. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. Where the Australian Consumer Law applies and permits us to do so, our liability for a failure to comply with a consumer guarantee in relation to services not ordinarily acquired for personal, domestic or household use is limited, at our option, to resupplying the services or paying the cost of having them resupplied. Clause 10 applies only to the extent this clause permits.

10. Limitation of liability

Subject to clause 9:

• The Platform is provided on an "as is" and "as available" basis, and we exclude all warranties, representations and conditions not expressly set out in these terms, to the extent permitted by law.
• We are not liable for any loss arising from reliance on an output of the Platform, including any tax-related estimate, forecast, valuation, cash-flow projection or extract, where that output has not been independently reviewed by your own registered tax agent or other appropriate professional.
• We are not liable for any tax shortfall, penalty, interest charge, amended assessment, audit cost, land tax assessment, or professional fee incurred as a result of a figure produced by the Platform.
• We are not liable for indirect, consequential, special or incidental loss, or for loss of profit, revenue, opportunity, goodwill, anticipated savings or data.
• We are not liable for the acts, omissions or advice of any accountant, broker, property manager, valuer or other adviser, whether or not they accessed the Platform.
• Our total aggregate liability arising out of or in connection with these terms or the Platform, however arising, is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the liability, and $1,000.
• Nothing in this clause limits liability for fraud, for death or personal injury caused by our negligence, or for any liability that cannot lawfully be limited.

11. Indemnity

You indemnify us against loss, damage, claim or cost we suffer arising from your breach of these terms, your use of the Platform in breach of a law, a claim by a third party that your entering or uploading of information about them was not permitted, or a claim arising from a decision you or a person you gave access to made in reliance on an output of the Platform. This indemnity is reduced to the extent our own act or omission caused the loss.

12. Confidentiality and our intellectual property

We keep your portfolio data confidential and use it only as described in these terms and the Privacy Policy. We own the Platform, its software, its design, its documentation and its rule set. Nothing in these terms transfers any of that to you.

13. Suspension and termination

You may close your account at any time by contacting us. We may suspend or terminate your access immediately if you materially breach these terms, if we reasonably suspect fraud or unlawful use, or if required by law; otherwise on 30 days' notice. Where we suspend rather than terminate, we will tell you why and what is needed to restore access, unless a law prevents us.

On termination: for 30 days you may export your portfolio data in the formats the Platform supports. We do not currently operate an automated deletion process; if you would like your portfolio data deleted or de-identified after that window, contact us and we will action the request by hand within a reasonable time. We may retain records where required or permitted by law, including tax records, and information needed to resolve a dispute or enforce these terms. Where your portfolio contains information about a third party such as a tenant, deletion of your account does not, on its own, satisfy any obligation you have to that person.

14. Notices

We may give notice by email to the address on your account, or by a notice inside the Platform.

15. General

• We may amend these terms and will give at least 30 days' notice of a material change. Continuing to use the Platform after a change takes effect means you accept it.
• You may not assign these terms without our consent. We may assign them as part of a sale or reorganisation of the business, on notice.
• These terms, the Privacy Policy and the documents incorporated by clause 3 are the whole agreement between us about the Platform.
• If a provision is unenforceable it is severed and the rest continues.
• A failure to enforce a right is not a waiver of it.
• Governing law: Victoria, Australia, subject to any non-excludable right to bring proceedings elsewhere.

Get it checked

Before you lodge anything, have a registered tax agent look at it. Their work is what stands behind a claim; this Platform is what tells you whether the claim is worth pursuing.