Terms and Conditions

By creating an account, ticking to accept these Terms, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which forms part of these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company, trust, self-managed superannuation fund (SMSF) or other entity, you confirm that you are authorised to accept these Terms on its behalf, and “you” includes that entity.

This is the most important section of these Terms.

EquityLab is a software tool that lets you record, organise, calculate and visualise information about your property, finances and investments, store related documents, and share defined information with professionals you choose. Its sole purpose is to support your own decision-making and your relationships with your own advisers. It is not a substitute for professional advice.

• You must be at least 18 years old and a resident of Australia to use the Service.
• You must provide accurate, current and complete information when you register and keep it up to date.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. We recommend you enable multi-factor authentication where offered.
• Notify us promptly at support@equitylab.com.au if you suspect any unauthorised use of your account.
• You may not share your account, and one account may not be used by more than one person unless we expressly allow it (for example, joint investor accounts).

The Service lets you, among other things: record properties, loans, income, expenses, valuations, ownership structures and tenancy details; store and organise documents; run calculations and scenarios; and share defined information with professionals you nominate.

The Service does not: hold, receive, transfer or manage your money; buy, sell, arrange or transact any financial product, loan or property; lodge returns or documents with any authority; act as your agent; or manage a property, tenancy or trust account on your behalf. Where a feature relates to property management, it is administrative and record-keeping only and does not involve collecting rent or providing licensed real-estate services.

The Service lets you share defined parts of your information with accountants, advisers, mortgage brokers or their firms that you choose. Sharing is consent-based, scoped and revocable:

• A professional only sees the specific information domains you grant, and nothing more.
• You can change or revoke a grant at any time from within the Service.
• A referral or introduction is not access to your data — data is only ever shared when you make an explicit grant.
• Your relationship with a professional (including any advice, fees or services they provide) is between you and them. We are not a party to it, and we are not responsible for what a professional does with information you choose to share, or for any advice they give.

The Service can extract data from documents you upload (for example, rental or agent statements) to save you entering it manually. To do this, documents may be processed using automated and artificial-intelligence tools, which may include trusted third-party providers.

• Extraction is an aid, not a guarantee. You are responsible for reviewing and confirming extracted data before relying on it. We include a review step for this reason.
• We use providers under terms that do not permit your content to be used to train their models, and that limit retention. Some processing may occur outside Australia; this is described in our Privacy Policy (overseas disclosure).
• No output of the Service, whether produced by automated tools or otherwise, is advice — Section 2 applies.

The Service may let you connect third-party services, such as bank-data feeds, market-data sources, electronic-signature tools or accounting software. Where offered:

• Connecting a bank-data feed is optional and occurs only with your consent, through an accredited provider and under the Consumer Data Right regime and our Privacy Policy where that regime applies.
• Market values, where shown, are third-party estimates for general information only and may not reflect a property’s actual market value.
• Third-party services are provided by the relevant third party and may be subject to their own terms. We are not responsible for third-party services, their availability, or their accuracy.

• Access to some features requires a paid subscription. Current plans and prices are shown on our website. Billing terms (e.g. billed monthly or annually in advance)
• Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You can cancel at any time from your account; cancellation takes effect at the end of the current paid period.
• We may change plans, features or prices. We will give you reasonable notice (at least 30 days) of any price increase, and you may cancel before it takes effect.
• Except where required by law (including the Australian Consumer Law — see Section 13), fees already paid are non-refundable.

You must not, and must not permit anyone else to:

• use the Service unlawfully, or in breach of these Terms or any third party’s rights;
• upload another person’s personal information without the authority and consents described in Section 5;
• upload malicious code, or attempt to gain unauthorised access to the Service, other accounts or our systems;
• copy, scrape, reverse engineer, decompile or create derivative works from the Service, except to the extent the law does not allow this to be prohibited;
• resell, sub-licence or commercially exploit the Service except as expressly permitted; or
• interfere with or disrupt the integrity or performance of the Service.

We (and our licensors) own all intellectual property rights in the Service, including its software, design, text, and branding. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose while these Terms are in force. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without obligation to you.

To the maximum extent permitted by law, and subject to Section 13:

• the Service is provided on an “as is” and “as available” basis;
• we do not warrant that the Service, or any calculation, estimate, figure, projection or third-party data, is accurate, complete, current, error-free or fit for any particular purpose;
• we do not warrant that the Service will be uninterrupted or secure; and
• you rely on the Service and its output at your own risk, consistent with Section 2.

Nothing in these Terms excludes, restricts or modifies any consumer 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, where it cannot lawfully be excluded (Non-excludable Rights).

Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent the law allows, our liability for a failure to comply with a consumer guarantee is limited, at our option, to re-supplying the services (or paying the cost of re-supply). This limit does not apply where it would not be fair or reasonable for us to rely on it.

Subject to Section 13 and to any Non-excludable Rights:

• we are not liable for any indirect, special or consequential loss, or for loss of profits, revenue, savings, goodwill, data, or business opportunity;
• we are not liable for any loss arising from a financial, credit, tax, investment or legal decision you (or anyone you share your data with) make in reliance on the Service or its output;
• we are not liable for the acts or omissions of any professional you share information with, or of any third-party service; and
• our total aggregate liability to you for all claims connected with the Service is limited to the greater of the fees you paid us for the Service in the 12 months before the claim arose, and AUD $100.

You indemnify us against any loss, liability, cost or expense we reasonably incur arising from your breach of these Terms, your misuse of the Service, Your Content, or any personal information about another individual that you provided without the required authority or consent. This does not apply to the extent the loss was caused by our own breach or negligence.

• You may stop using the Service and close your account at any time.
• We may suspend or terminate your access if you materially breach these Terms, if required by law, or if necessary to protect the Service or other users. Where practicable we will give you notice.
• Before your account closes, you can export Your Content. After closure, we will delete or de-identify your personal information in line with our Privacy Policy, except where we are required or permitted by law to retain it.

We may update the Service and these Terms from time to time. If we make a material change to these Terms, we will give you reasonable notice (for example, by email or in the Service) before it takes effect. If you do not agree with a change, you may stop using the Service and cancel before the change takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

Our Privacy Policy explains how we collect, hold, use and disclose personal information, including information you provide about others, our use of third-party document processing, overseas disclosure, security, and how to access, correct or complain about your information. By using the Service you acknowledge that policy.

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

If you have a concern or complaint, please contact us first at support@equitylab.com.au so we can try to resolve it. We will acknowledge your complaint and work with you in good faith to resolve it. Complaints about how we handle personal information are dealt with under our Privacy Policy.

• Severability. If any provision is void or unenforceable, it is severed and the rest continues to apply.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them, for example as part of a sale or reorganisation of our business, on notice to you.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.

EquityLab is an online platform operated by Equity Uplift Experts Pty Ltd (ABN 53 697 297 975).
General enquiries and support: support@equitylab.com.au
Privacy: privacy@equitylab.com.au