Terms & Conditions

Feazable Software Development Terms and Conditions

Welcome to FeasibilityPro! FeasibilityPro is an easy, on-the-go property feasibility tool, to help developers, real estate agents and mum-and-dad investors quickly perform property feasibility, and screen a property’s development potential, in order to reduce overheads, increase revenue and get their time back.

1 Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• We may amend these Terms, the features of the Platform or your Membership at any time, by providing written notice to you;
• Your Membership is subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term;
• Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
• We will handle your personal information in accordance with our privacy policy, available at Feazable Software Development Pty Ltd Privacy Policy;
• To the maximum extent permitted by law, the Fees are non-refundable;
• You are responsible and liable for the actions of your Authorised Users;
• Our liability under these Terms is limited to us resupplying the Platform to you or in our sole discretion, to us repaying you the amount of the Fees paid by you for the last relevant billing period under your Membership, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data;
• We may terminate your Membership at any time by giving 30 days’ written notice to you; and
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.

Nothing in these terms limit your rights under the Australian Consumer Law.

2 Introduction

2.1 These terms and conditions (Terms) are entered into between Feazable Software Development Pty Ltd ABN 54 652 902 960 (we, us or our) and you, together the Parties and each a Party.

2.2 We provide a cloud-based, software as a service platform where developers, real estate agents and mum-and-dad investors people can perform property feasibility and screen a property’s development potential which is also available as a mobile application on iOS devices (Platform).

2.3 In these Terms, you means the person or entity registered with us as an Account holder.

2.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

3 Acceptance and Platform Licence

3.1 You accept these Terms by checking the box, selecting the button “I agree to the Terms and Conditions”, registering on the Platform, or using the Platform.

3.2 You and each Authorised User must be at least 16 years old to use the Platform.

3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Membership in accordance with the “Cancelling Membership” clause.

3.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service.

3.5 We may use Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to the Google Maps Additional Terms of Service.

3.6 Subject to your compliance with these Terms, we grant you and your Authorised Users a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

3.7 When using the Platform, you and your Authorised Users must not do or attempt to do anything that is unlawful or inappropriate, including:

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
2. using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
3. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
4. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
5. facilitating or assisting a third party to do any of the above acts.

4 Feazable Software Development Services

4.1 In consideration for your payment of the Fees, we agree to provide you and your Authorised Users with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account.

4.2 We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.

4.3 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you and your Authorised Users must place a request via our website: feasibilitypro.com.au. We will endeavour to respond to any support requests in a reasonable period.

4.4 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, email clients and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall not be responsible or liable for any Third Party Services, including any interruptions or failures in the provision of any Third Party Services.

4.5 In order to use the Platform, you may need to purchase or obtain hardware, software and/or internet access, and pay third-party fees (such as internet service provider or airtime charges). You are responsible for any such costs.

5 Subscription Fees

5.1 In consideration for the provision of the Platform, you agree to pay us the fees set out in your Account (Fees).

5.2 The Fees are payable in advance, and are billed monthly or annually (as applicable) in accordance with your Membership plan.

5.3 We may change the Fees at any time, by providing written notice to you. The changes will take effect at the start of the next billing period.

5.4 We will use a third-party payment processor to process payments made through the Platform. By making a payment through the Platform, you agree to the third-party payment processor’s terms and conditions.

6 Cancelling Membership

6.1 You may cancel your Membership by providing written notice to us via our website: feasibilitypro.com.au. If you cancel your Membership, you will continue to have access to the Platform until the expiry of your current billing period.

6.2 Without limiting our rights under these Terms, we may terminate your Membership if:

1. you breach any provision of these Terms and do not remedy the breach within 14 days after receiving written notice of the breach;
2. you or any Authorised User are repeatedly using the Platform in a way that may cause us to be blacklisted;
3. you or any Authorised User do not pay the Fees within 14 days after they are due;
4. we are unable to verify or authenticate any information you provide to us; or
5. you are using the Platform in a way that we reasonably consider to be fraudulent or illegal.

6.3 If we terminate your Membership in accordance with this clause, we will refund any Fees paid by you for the last relevant billing period under your Membership, and you will immediately cease using the Platform.

7 Intellectual Property Rights

7.1 All Intellectual Property Rights in the Platform are owned by us or our licensors.

7.2 You retain ownership of any data or information you upload to the Platform (Your Content).

7.3 You grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, store, publish and transmit Your Content in connection with the Platform.

7.4 If you provide us with feedback or suggestions about the Platform, you agree that we may use and share such feedback or suggestions for any purpose without any obligation to you.

7.5 You agree to indemnify us against any loss or damage we suffer as a result of Your Content infringing the Intellectual Property Rights of any person.

8 Data

8.1 You acknowledge and agree that:

1. we will collect and handle Your Content in accordance with our Privacy Policy;
2. we may use and disclose Your Content in order to provide you with the Platform and to comply with our legal obligations; and
3. we may use aggregated and anonymised data derived from Your Content (Aggregated Data) for our own purposes (including for research, development and marketing purposes).

9 Liability

9.1 To the maximum extent permitted by law, we exclude all implied conditions, warranties, guarantees and representations.

9.2 We exclude all liability for any Consequential Loss.

9.3 Our liability to you for a breach of any term of these Terms (other than a breach of any Consumer Guarantee) is limited, at our option, to:

1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

10 Termination

10.1 We may terminate these Terms at any time by giving you 30 days’ written notice.

10.2 These Terms will terminate immediately upon written notice if:

1. you are placed into liquidation, have a receiver or manager appointed, or enter into any arrangement with your creditors; or
2. you commit a material breach of these Terms which is not capable of being remedied.

10.3 Upon termination of these Terms:

1. you must immediately cease using the Platform;
2. we may delete any of Your Content;
3. any Fees payable by you under these Terms become immediately due and payable; and
4. any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages, are unaffected.

11 General

11.1 Notices: Any notice given under these Terms must be in writing and addressed to the relevant Party’s contact details as provided in your Account.

11.2 Assignment: You may not assign, transfer or novate any of your rights or obligations under these Terms without our prior written consent.

11.3 Entire Agreement: These Terms embody the entire agreement between the Parties in relation to their subject matter.

11.4 Governing Law: These Terms are governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts.

11.5 Severance: If any provision of these Terms is invalid or unenforceable in any jurisdiction, the provision is read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. That does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.

11.6 Waiver: A waiver of any right or remedy under these Terms must be in writing and signed by the Party giving the waiver and does not operate as a waiver of that right or remedy in the future or any other right or remedy.

11.7 Amendment: We may amend these Terms at any time, by providing written notice to you.

11.8 Definitions

In these Terms, unless the context otherwise requires:

Consumer Guarantee means a consumer guarantee under the Australian Consumer Law.

Consequential Loss includes any indirect loss, consequential loss, loss of profits, loss of revenue, loss of data, loss of use, loss of opportunity, loss of savings, loss of business, loss of reputation, loss of goodwill, harm to reputation, loss arising from loss or corruption of data, and any other loss suffered by a Party.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Membership means your subscription to use the Platform.

Parties means you and us.

Platform means the feasibilitypro.com.au platform, as accessed via our website or mobile application.

Privacy Policy means our privacy policy, as updated from time to time, available on our website.

Your Content means any data or information you upload to the Platform.

Your Responsibilities means the responsibilities listed in clause 4.1.

Updated on 18 December 2023