1. Agreement
Thank you for visiting our Break Your Lease Terms and Conditions (Agreement). We are Break Your Lease ABN 40 638 062 450 (BYL, we, our, us and other similar terms). We provide an online advertising platform for leases and ongoing contracts to be advertised to third parties who may be interested in taking on the obligations under the lease or ongoing contract (Platform).
This Agreement outlines the terms and conditions associated with your access to and use of the Platform. It is your obligation to ensure that you have read, understood and agree to the most recent version available at www.breakyourlease.app (Website).
By purchasing a license to access the Platform via an App Marketplace Provider, you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you have no right to obtain information, use our services or otherwise continue using the Platform.
If you have any queries relating to this Agreement, please contact our customer service team by emailing support@breakyourlease.app.
The content on the Platform is largely produced by other people using the Platform (Users). We have made reasonable efforts to ensure the accuracy of information contained on the Platform, however, we do not warrant the accuracy, reliability or integrity of any content on the Platform.
You should make your own enquiries about any financial transactions you consider entering into based on content available on the Platform. We strongly suggest you seek independent financial advice before acting upon any information contained on the Platform.
To be eligible to use our Platform, you must:
In opening an Account, you agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform.
You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your email address and password. We are not responsible for any unauthorised access and use of your Account unless we have failed to take reasonable steps to prevent such access or use.
This Agreement will commence when you purchase a licence to access the Platform from an App Marketplace Provider and will continue until the date of termination of this Agreement in accordance with clause 19.
Where you have paid the Download Fee, we grant you a non-transferable, non-exclusive and revocable licence to access the Platform, subject to the terms and conditions of this Agreement.
The Platform provides an advertising platform only and does not facilitate or otherwise assist in the transfer of the lease or ongoing contract to a third party.
BYL will not assist you in the transfer of, or the negotiation for the transfer of, the advertised lease or ongoing contract. BYL does not recommend or endorse any particular product, provider or service advertised on the Platform. You must communicate directly with other Users off the Platform to facilitate and negotiate the transfer of a lease or ongoing contract. We accept no liability arising out of your transfer of, or negotiation to transfer, or acceptance of, a lease or ongoing contract.
You may only advertise the following categories of leases or ongoing contracts:
Additionally, you agree that you will not do any of the following things:
Unless explicitly stated otherwise, any new features that augment or enhance the current Platform shall be subject to this Agreement.
You understand and agree that to the maximum extent permitted at law, the Platform is provided “as-is” and that BYL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalisation settings.
You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under your password or Account.
You agree to:
BYL cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
You understand that all information, data, text, photographs, graphics, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not BYL, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Platform. BYL does not control the content posted via the Platform by Users and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Platform, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will BYL be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Platform.
You agree to not use the Platform to upload, post, email, transmit or otherwise make available any content that:
You further agree not to use the Platform to:
You acknowledge that BYL may or may not pre-screen content, but that BYL and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Platform.
Without limiting the foregoing, BYL and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by BYL or submitted to BYL.
You understand that the technical processing and transmission of the Platform, including your content, may involve:
You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by BYL and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.
There are various functions available on the Platform which are limited based on payment of the associated Fees.
You acknowledge and agree you will only have access to that functionality of the Platform:
Unless expressed otherwise, all Fees are quoted in US Dollars and are exclusive of any goods and services tax, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all bank fees and charges applied by an App Marketplace Provider or payment gateway provider.
Users are solely responsible for collecting and remitting any applicable taxes resulting from the sale of their items or services listed on the Platform.
You acknowledge that all Fees once processed are non-refundable, except as otherwise required by law.
To the extent permitted by law, you agree not to ask your bank or other financial institution to chargeback any Fees charged. If you initiate a chargeback in violation of this Agreement, you agree that we may dispute or appeal the chargeback and instigate collection against you and take such other action we deem appropriate.
The Platform contains content from us, you, and other Users. Content displayed on or via the Platform is protected as a collective work and/or compilation, pursuant to copyright laws.
You agree not to copy, distribute the Platform or modify content from the Platform, our trademarks or copyrights without our express written consent.
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Platform.
Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Platform (other than your own content).
When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law.
We reserve the right to remove content where we have grounds for suspecting the violation of this Agreement or the rights of any other third party.
We have the right to investigate any breach or complaint about any violation of this Agreement by you. We will take any necessary action to protect ourselves and may report any unlawful activity to the relevant legal authorities.
The quality and availability of our Platform may sometimes be affected or disrupted by factors outside of our reasonable control. Such factors can include interruptions to internet services suffered by us, you or other communications carriage service providers through which our Platform are hosted, accessed or administered, lack of capacity and faults in other telecommunications networks to which we are connected.
We may change or withdraw some or part of the Platform from time to time due to changing laws, government policy, technologies, obsolescence, new or different products or functionality, changing content providers and the need to remove, replace or modify content.
The mobile app constituting part of the Platform is available from Google Play and the Apple App Store (App Marketplace Providers).
This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for the Platform, and we are solely responsible for:
The App Marketplace Provider’s liability to you is limited to the refund of the Download Fee and any other remedies under consumer protection law. Your right to use the Platform is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.
The App Marketplace Provider may monitor your use of the Platform and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.
If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except goods and services tax) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs, loss of data), legal costs and expenses (except reasonable legal costs awarded by a court).
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this Agreement shall not exceed the resupply of the Platform or the cost of re-supplying the Platform.
The Platform provides you with the ability to advertise certain categories of leases and ongoing contracts, and as a result we accept no liability for any activities that you partake in outside the Platform. We will not assist you in anyway in the transfer of any lease or ongoing contract to another User other than by providing the Platform.
Nothing in this Agreement excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Competition and Consumer Act 2010 (Cth) and similar legislation in other jurisdictions.
You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage or expense arising under any liability (including but not limited to, tort, statute, equity or contract) we suffer as a result of your negligent or wrongful acts or omissions, or your breach of this Agreement, but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
You agree and consent to us handling your Personal Information in accordance with our privacy policy. We may amend our privacy policy in our sole discretion. If we amend our privacy policy, we will post the new version on our Website.
You may satisfy the need for notice to be in writing by either deleting your Account via the facility on the Platform or sending us an email to support@breakyourlease.app.
We will provide notice in writing by emailing you to the email address associated with your Account.
Either party may terminate this Agreement by providing the other party notice in writing. Termination will take effect within 30 calendar days.
Either party may terminate this Agreement with immediate effect by providing the other party notice in writing if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
Upon termination:
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 20 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 20. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 20 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent. You must not assign, encumber, declare a trust over or otherwise create an interest in your rights in this Agreement without our consent, which must not be unreasonably withheld.
Event of Force Majeure – The parties’ obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.
Entire Agreement – The Agreement sets out all the parties’ rights and obligations relating to the subject matter of the Agreement, and it supersedes all previous Agreements or understandings between the parties in connection with the relevant subject matter.
Further Assurances – Each party must do anything reasonably necessary (including executing Agreements and documents) required to give full effect to the Agreement and the transactions contemplated by it.
Governing Law – This Agreement is governed by and is to be construed in accordance with the laws applicable in Queensland and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via a mobile application push notification or the email address provided to us in your Account. By accepting these terms, you give your consent to receive communications from us by email and push notifications. Your notices to us should be directed to support@breakyourlease.app.
Survival – Clauses 14, 15, 16, 17, 19, 20 and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.
Severance – If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in full force and effect.
Variations – We may modify, update or otherwise alter this Agreement at any time by posting, with 30 days notice, any variation on our Website and providing you a notice where you have an Account with us. Your subsequent or continued use of our Platform will constitute your acceptance of any changes. If you do not accept the terms of the variation you may terminate this Agreement in accordance with clause 19.
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Download Fee means the price charged via an App Marketplace Provider to download the mobile app component of the Platform onto your mobile device.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Fees means any fee charged in relation to the Platform, including any Download, Listing or Package Fee.
Listing means an advertisement posted on the Platform.
Listing Fee means the price charged to Users to make a Listing as set out on the Platform.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Package Fee means the price for the Package as set out on the Platform.
Packages means one of the packages advertised on the Platform from time to time.
Package Period means the period of time a Package remains valid as set out on the Platform.