Terms of Use
1.Accessing the Platform
1.1. Agreement to Terms
By using OX Rooms at www.oxrooms.com.au, operated by Online Exchange Pty Ltd, you agree to these Terms of Use. These Terms govern your interaction with our services, which includes, but may not be limited to, secure document exchange, messaging and real-time progress tracking via the Ox Rooms Platform.
1.2. User Diversity
Our Platform serves a broad range of users in property transactions, including real estate professionals, legal representatives, buyers, sellers, landlords, and tenants. For the purposes of these terms and conditions, anybody who uses OX Rooms is a User. Users add each other to the workspace as necessary. You need to be invited to a workspace by the Agent or the Seller's Legal Representative (SLR) to get access to it.
1.3. Consent and Choice
Using our Platform confirms your acceptance of these Terms, including our Privacy Policy.
1.4. Evolving Services
We may periodically update or modify our services or your access in line with our evolving terms and conditions.
1.5. Billing Specifics
The SLR is the party that is billed at the event of contract exchange and will receive all transaction invoices addressed in accordance with details provided by the SLR. No exchange means no requirement to pay. Each SLR warrants that it is authorized to bind the nominated billing party to these terms. In the event that the SLR was not or is authorized to bind their firm, responsibility for payment rests with them personally. Other users may access invoice copies via the OX Book.
2.Platform Use and Responsibilities
2.1. Secure Document Exchange
OX Rooms provides a secure environment for exchanging and storing critical documents, ensuring version control and eliminating the need for large document transmissions via email. We do not store your documents for the long term. Each party has a continuing obligation to maintain its own records and agrees to do so. Security is everybody’s responsibility, and we request all users to rely on two-factor authentication and to be certain about who they are dealing with when using our platform. If in doubt, reach out to them using their publicly available contact information. If you still have concerns, reach out to us.
2.2. Compliance with Electronic Transactions Legislation
By accessing and using the OX Rooms platform, users agree to comply with the applicable electronic transactions legislation in their respective state or territory. Users are solely responsible for ensuring that their use of the OX Rooms platform and any electronic transactions conducted therein comply with the requirements set forth in the applicable electronic transactions legislation. Users agree to indemnify and hold harmless OX Rooms, its officers, directors, agents, subsidiaries, and employees from any claims or demands arising from their failure to comply with the applicable electronic transactions legislation.
2.3. The OX Book
At the end of a transaction, parties receive all your documents and messages via the OX Book, which includes the complete matter history, contract versions, chat history, and executed contract. Parties agree to download the OX Book within 30 days of exchange. Fees may apply for recovery of information after 30 days.
3.Data Security & Privacy
3.1. Our Privacy Policy
The Privacy Policy is an integral part of these Terms and applies to all personal information collected by us from users of our Services and the Platform.
3.2. Handling of Personal Information
We commit to protecting your personal information in line with our Privacy Policy and relevant data protection laws.
3.3. Disclosure of Information Overseas
As outlined in our Privacy Policy, we may disclose your personal information to overseas entities, such as when a party involved in a Document resides outside Australia.
3.4. Overseas Privacy Laws
Recipients of personal information in other countries are not bound by Australian law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Consequently, these overseas entities may be subject to different privacy standards.
3.5. User Consent and Acknowledgement
By accepting these Terms, you consent to the disclosure of your personal information overseas to users involved in your matter for the limited purpose of achieving a contract exchange in line with our Privacy Policy. You acknowledge that Online Exchange Pty Ltd will not be accountable under the Australian Privacy Act for such disclosures unless the disclosure was made in breach of these Terms or our Privacy Policy.
3.6. Access to Personal Information
If you wish to access personal information collected in a Document or obtain a copy of the Document, direct your request to the relevant User. We store an encrypted copy of each completed Document but do not access the Documents or any personal information it contains.
3.7. Reporting Data Breaches
If you are aware of or suspect a Data Breach, you must promptly notify us.
3.8. Data Breach Assessment
We will assess any suspected or known Data Breach to determine the cause and scope, including the nature of the data involved.
3.9. Assistance in Data Breach Determination
Users promise to provide reasonable assistance to Online Exchange Pty Ltd for the purposes of making determinations regarding a Data Breach, including but not limited to, providing necessary information and cooperating with investigations.
3.10. Compliance with Notifiable Data Breaches Scheme
If a Data Breach qualifies as an eligible data breach under the Privacy Act, we and the relevant Users will adhere to the notification requirements of the Notifiable Data Breaches Scheme.
3.11. Costs Relating to Data Breaches
In the event of a Data Breach, both Online Exchange Pty Ltd and the Users agree to bear their own respective costs in complying with this section and any other obligations relating to the Data Breach.
4.Indemnity
4.1. Indemnification Obligation
Each party agrees to indemnify and hold harmless OX Rooms, its officers, directors, agents, subsidiaries, and employees from any claims or demands arising from their breach of these Terms, infringement of laws, or violation of third-party rights, including non-compliance with the applicable electronic transactions legislation, to the extent permitted by law.
4.2. Limitation on Indemnity
The indemnity amount will be reduced proportionately to the extent that any loss to OX Rooms was also due to its negligence or breach of these Terms. The indemnity provided under this clause is limited to direct damages and excludes any indirect or consequential damages.
5.Limitation of Liability
5.1. Exclusion of Liability
We exclude all liability for damages arising from your use of the Content, User Content, the Platform, and the Services, except for liabilities due to our breach of these Terms or flowing from our wilful negligence.
5.2. Australian Consumer Law
Where statutory warranties or obligations apply, they are excluded to the greatest extent permitted by law. All implied warranties and guarantees capable of exclusion are expressly excluded.Our liability is limited to either the re-supply of the Services or the payment of the cost of having the Services supplied again.
5.3. Limitation on Certain Damages
OX Rooms is not liable for indirect or consequential losses to the maximum extent permitted by law unless such losses were caused by OX Rooms' wilful misconduct or gross negligence.
6.Service Level Agreement (SLA)
6.1. Availability
Online Exchange Pty Ltd agrees to use commercially reasonable efforts to ensure that the OX Rooms Platform is available to Users, excluding scheduled maintenance.
6.2. Exclusion of Consequential Damages
In no event shall Online Exchange Pty Ltd be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with any unavailability of the OX Rooms Platform.
7.Software Maintenance and Update
7.1. Software Maintenance and Updates
Online Exchange Pty Ltd shall be responsible for maintaining and updating the OX Rooms Platform as necessary to ensure optimal performance and functionality. Online Exchange Pty Ltd shall notify users of any scheduled maintenance or updates that may result in temporary unavailability of the platform.
8.Support Services
8.1. Online Exchange Pty Ltd shall provide reasonable support services to users in relation to the OX Rooms Platform. Users may contact Online Exchange Pty Ltd's support team during the specified support hours to seek assistance or report any issues with the platform.
9.Intellectual Property Rights
9.1. Ownership of Intellectual Property
All intellectual property rights, including but not limited to copyright, trademarks, and patents, in the OX Rooms Platform and related materials, shall remain the exclusive property of their original owner. Users are granted a limited, non-exclusive, non-transferable license to use the OX Rooms Platform and its features for the duration of their matter. Users may not copy, modify, distribute, or create derivative works based on the OX Rooms Platform without the express written consent of Online Exchange Pty Ltd.
10.General Provisions
10.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Australian Capital Territory. Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be exclusively brought in the courts located in the Australian Capital Territory, and the parties hereby submit to the exclusive jurisdiction of such courts.
10.2. Dispute Resolution
Any disputes arising under these Terms will be resolved through negotiation in good faith.
10.3. Entire Agreement
These Terms constitute the entire agreement between the user and OX Rooms and supersede all prior communications and proposals, whether electronic, oral, or written, between the user and OX Rooms.
10.4. Amendments to Agreement
OX Rooms reserves the right to amend these Terms at any time. Users will be notified of significant changes, and continued use of the platform signifies acceptance of the new Terms.
10.5. Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely reflects the intent of the original provision.