Effective date: 3/11/2025
1.1 These Terms of Service (Terms) govern access to and use of Connect360, a business-to-business software platform owned and operated by Property Dollar Pty Ltd (ACN 656 650 716) as trustee for The Property Dollar Trust (ABN 25 656 650 716) (Property Dollar, we, us or our). Connect360 is a product of Property Dollar and is not a separate legal entity.
1.2 The agreement between Property Dollar and the Customer comprises the following documents. If there is any inconsistency between them, the document listed first prevails to the extent of the inconsistency:
(a) any agreement relating to Connect360 signed by both parties;
(b) the Order;
(c) these Terms, including Schedule 1 (Client Data Terms); and
(d) the Connect360 Privacy Policy published at connect360.com.au/privacy-policy.
1.3 By creating an account, accepting an Order, enabling a Connect360 integration within a Connected CRM Platform or otherwise using Connect360, the Customer agrees to these Terms. An individual who accepts these Terms on behalf of a business warrants that they have authority to bind that business.
In these Terms:
Authorised User means an individual, such as an employee, contractor or authorised credit representative, whom the Customer permits to use the Services under the Customer's account.
Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
Client means an individual who is a customer or prospective customer of the Customer.
Client Data means personal information and other information relating to Clients that the Customer or its Authorised Users enter into, upload to or synchronise with the Services.
Confidential Information means information of a party that is confidential in nature, including Client Data, pricing, security information and non-public information about the Services.
Connected Account means an email account or Connected CRM Platform that the Customer authorises the Services to access.
Connected CRM Platform means a third-party customer relationship management platform integrated with the Services at the direction of the Customer.
Customer means the business or individual that subscribes to the Services and, where the context requires, includes its Authorised Users.
Edition means C360 MB or C360 REA, as described in clause 3.
Integration Partner means the provider of a Connected CRM Platform with whom Property Dollar has an arrangement under which Customers may access the Services through that platform.
Order means an order form, subscription confirmation, pricing schedule or proposal accepted by the Customer, or an online subscription, that sets out the Editions, fees and term applying to the Customer.
Services means the Connect360 platform, its Editions and integrations, and related support.
3.1 Connect360 is offered in two Editions: Connect360 Mortgage Brokers (C360 MB), for credit licensees, authorised credit representatives and the businesses they operate or work for; and Connect360 Real Estate (C360 REA), for real estate agents, buyer's agents, property developers and the businesses they operate or work for.
3.2 The Customer warrants that it holds, or acts under the authority of a person who holds, any licence, accreditation or authorisation required for its business, and that each Authorised User is at least 18 years of age.
3.3 The Editions operate as logically separated systems. Access to one Edition does not grant access to the other, and data is not shared between them.
3.4 Access modes. The Services may be accessed directly or embedded within a Connected CRM Platform. These Terms apply however the Services are accessed. Where the Customer accesses the Services through an Integration Partner, the fees, billing and support arrangements may be set out in the Customer's agreement with that Integration Partner rather than in an Order with Property Dollar, and the Customer's use of the Connected CRM Platform remains subject to the Integration Partner's own terms.
4.1 The Customer must provide accurate, complete and current information when registering and must keep it up to date.
4.2 The Customer is responsible for the acts and omissions of its Authorised Users and for maintaining the confidentiality of login credentials. The Customer should enable multi-factor authentication for its Authorised Users where it is available, and must notify us immediately at info@connect360.com.au of any suspected unauthorised use of its account.
4.3 Login credentials must not be shared. Additional Authorised Users may be added in accordance with the Order.
5.1 We will provide the Services with due care and skill and in accordance with the Connect360 Privacy Policy and Schedule 1.
5.2 We may update and improve the Services from time to time. We will not make a change that materially reduces the core functionality of an Edition during a paid term without giving the Customer at least 30 days' notice.
5.3 We will use reasonable endeavours to make the Services available at all times, other than during planned maintenance (which we will notify in advance where practicable) and interruptions caused by events outside our reasonable control.
5.4 Support is available by email at info@connect360.com.au during business hours on Business Days.
6.1 Ownership. As between the parties, the Customer owns all Client Data. Property Dollar acquires no rights in Client Data other than the licence in clause 6.2.
6.2 Licence. The Customer grants Property Dollar a non-exclusive, royalty-free licence, for the term of the agreement, to host, copy, process and display Client Data solely to provide the Services to the Customer.
6.3 Restrictions on Property Dollar. Property Dollar will not:
(a) use Client Data for any purpose other than providing the Services to the Customer;
(b) make Client Data available to, combine it with or use it in any other product or business of Property Dollar, including the Property Dollar App, except as directed by the Customer under clause 8;
(c) use Client Data to originate, refer or arrange credit or any other product or service for itself, any related entity or any third party;
(d) contact any Client, other than through communications initiated or configured by the Customer; or
(e) sell Client Data or disclose it to any third party for that party's own purposes.
6.4 Service metrics. Property Dollar may collect technical and usage metrics about the operation of the Services, such as feature usage, system performance and error rates, that do not contain Client Data, and may use those metrics to maintain and improve the Services.
6.5 Customer obligations. The Customer is responsible for:
(a) holding all rights, consents and lawful bases required under the Privacy Act and other applicable laws to provide Client Data to Property Dollar and to direct its processing through the Services;
(b) giving Clients any required collection notices, including notice that the Customer uses third-party software providers to hold and process their information;
(c) the accuracy of Client Data; and
(d) for C360 MB, complying with the National Consumer Credit Protection Act 2009 (Cth), including the best interests duty. Indicators produced by the Services, such as repricing or refinance review prompts, do not replace the Customer's own assessment of a Client's circumstances.
6.6 The Customer warrants that Client Data has been lawfully obtained and that its provision to Property Dollar does not infringe the rights of any person.
6.7 Schedule 1 (Client Data Terms) applies to all Client Data.
7.1 The Customer may connect email accounts and Connected CRM Platforms to the Services. By doing so, the Customer authorises Property Dollar to access those accounts strictly for the purposes described in the Connect360 Privacy Policy, and warrants that it is authorised to grant that access.
7.2 By enabling an integration with a Connected CRM Platform, the Customer authorises that platform to provide Property Dollar with the business and user details required to establish the integration, and authorises the exchange of Client Data between the Services and that platform, including the synchronisation back to that platform of changes made in the Services.
7.3 The Customer is responsible for the content, recipients and lawfulness of all communications sent through the Services, including communications sent by automation rules the Customer configures. The Customer must comply with the Spam Act 2003 (Cth), including requirements relating to consent, sender identification and a functional unsubscribe facility, and with all laws that apply to telephone calls, including laws relating to call recording.
7.4 The Customer may disconnect a Connected Account at any time in Settings. The Customer remains responsible for communications sent before disconnection.
8.1 Where the Customer's organisation subscribes to a white-labelled version of the Property Dollar App, the Customer may invite Clients to that application from within the Services. The Customer is responsible for the accuracy of the contact details it provides and for holding any consent required to send the invitation.
8.2 Only the information the Customer elects to include in an invitation is transferred to the white-labelled application, and only when the Customer sends the invitation.
8.3 A Client's use of the white-labelled application after accepting an invitation is governed by the terms and privacy policy that apply to that application.
9.1 Where the Customer accesses the Services through an Integration Partner and pays fees to that Integration Partner, clauses 9.2 to 9.7 apply only to fees payable directly to Property Dollar.
9.2 The fees payable by the Customer are set out in the Order. Fees may comprise subscription fees and usage-based charges, which may include property valuation refreshes, active automation rules, SMS messages and voice call-back usage.
9.3 Usage-based charges are calculated monthly in arrears on the basis set out in the Order. Unless the Order states otherwise, an automation rule that is active at any time during a calendar month is charged for that month.
9.4 Invoices are payable within the period stated on the invoice. Unless stated otherwise, fees are exclusive of GST, and the Customer must pay any GST applicable to the Services.
9.5 If an amount remains unpaid 14 days after we notify the Customer in writing that it is overdue, we may suspend the Services until payment is received.
9.6 We may change our fees by giving at least 30 days' notice before the new fees apply. A change does not affect fees agreed for a committed term under an Order unless the parties agree otherwise. If the Customer does not accept a change, it may terminate the affected Services before the change takes effect.
9.7 Fees are non-refundable, except as required by law (including the Australian Consumer Law) or as expressly stated in these Terms.
10.1 The Customer must not, and must ensure its Authorised Users do not:
(a) use the Services unlawfully or in breach of any person's rights;
(b) reproduce, reverse engineer, decompile or create derivative works from the Services;
(c) resell, sublicense or provide access to the Services to any third party not authorised under the Customer's account;
(d) attempt to gain unauthorised access to the Services or their underlying systems, or conduct penetration testing, vulnerability scanning or load testing without our prior written consent;
(e) introduce any malicious code;
(f) access the Services by automated means, such as scripts, scrapers or bots, other than through interfaces we provide for that purpose;
(g) use the Property Dollar or Connect360 name, logo or branding without our prior written consent; or
(h) use the Services to send unsolicited commercial electronic messages.
11.1 Property Dollar owns, or is licensed to use, all intellectual property rights in the Services, the underlying software, documentation and materials (Connect360 Material). The Customer acquires no ownership interest in Connect360 Material.
11.2 Property Dollar grants the Customer a non-exclusive, non-transferable licence, for the term of the agreement, to access and use the Services for the Customer's internal business purposes.
11.3 Property Dollar may use any feedback the Customer provides about the Services, provided that the use does not identify the Customer or include Client Data.
11.4 Nothing in these Terms transfers ownership of Client Data to Property Dollar.
12.1 Each party must keep the other party's Confidential Information confidential and use it only for the purposes of the agreement.
12.2 A party may disclose Confidential Information to its personnel and professional advisers who need to know it and who are bound by obligations of confidence, or where required by law (after giving the other party notice, where lawful and practicable).
12.3 Clause 12.1 does not apply to information that is or becomes public other than through a breach of these Terms, is independently developed, or is lawfully received from a third party without restriction.
12.4 This clause survives termination of the agreement.
13.1 The Services integrate with third-party services, including Connected CRM Platforms, Google and Microsoft email services, valuation data providers, and SMS and voice providers, as listed in the Connect360 Privacy Policy. The Customer's use of those services may be subject to their terms. Property Dollar is not responsible for the availability, accuracy or performance of third-party services outside its reasonable control, but will use reasonable endeavours to minimise the effect of any third-party failure on the Services.
14.1 Property valuations, LVRs, repricing indicators and other outputs of the Services are estimates derived from third-party data and automated analysis. They are general in nature, are not formal valuations, and do not constitute financial, credit, legal or valuation advice.
14.2 The Customer is responsible for verifying any output before relying on it or using it in advice to a Client.
14.3 Except as expressly stated in these Terms, and to the extent permitted by law, all implied warranties are excluded.
15.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, it is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.
15.2 Neither party is liable to the other for any loss of profit, revenue or anticipated savings, or any indirect or consequential loss, arising out of or in connection with the agreement.
15.3 Each party's total aggregate liability arising out of or in connection with the agreement, however arising, is limited to the fees paid or payable by the Customer for the Services in the 12 months preceding the event giving rise to the claim.
15.4 Clauses 15.2 and 15.3 do not limit the Customer's obligation to pay fees, or either party's liability for fraud or wilful misconduct.
15.5 Each party's liability is reduced to the extent that the other party caused or contributed to the loss.
16.1 The Customer indemnifies Property Dollar against any loss arising from a third-party claim to the extent the claim results from:
(a) Client Data provided without the rights, consents or lawful basis required under clause 6.5;
(b) communications sent by or at the direction of the Customer; or
(c) the Customer's breach of any law or of clause 10.
16.2 Property Dollar indemnifies the Customer against any loss arising from a third-party claim that the Customer's use of the Services in accordance with these Terms infringes that third party's intellectual property rights.
16.3 A party seeking to rely on an indemnity must promptly notify the other party of the claim, allow the other party to control its defence and provide reasonable assistance.
17.1 We may suspend access to the Services immediately, with notice to the Customer as soon as practicable, where reasonably necessary to protect the security or integrity of the Services or any data, to prevent unlawful use or harm, or to comply with law.
17.2 We may suspend or terminate the Services if the Customer materially breaches these Terms and does not remedy the breach within 14 days of receiving written notice, or in accordance with clause 9.5.
17.3 The Customer may cancel its subscription by notice to info@connect360.com.au, subject to any minimum term in the Order, or, where the Customer accesses the Services through an Integration Partner, by disabling the integration or as provided in its agreement with that Integration Partner. Fees incurred before cancellation remain payable.
17.4 We may terminate the Services for convenience by giving at least 60 days' written notice, in which case we will refund any prepaid fees for the period after termination.
17.5 Either party may terminate the agreement immediately by notice if the other party becomes insolvent.
17.6 On termination, access to the Services ends. The Customer may export Client Data for 14 days after termination, after which Client Data is deleted in accordance with Schedule 1. Clauses 6.1, 6.3, 11, 12, 15, 16 and Schedule 1 survive termination.
18.1 We may amend these Terms from time to time. For a change that materially and adversely affects the Customer, we will give at least 30 days' notice by email to the Customer's account contact. If the Customer does not accept the change, it may terminate the agreement before the change takes effect, without penalty, and we will refund any prepaid fees for the period after termination.
18.2 Other changes take effect when the updated Terms are published at connect360.com.au.
19.1 Governing law. These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State.
19.2 Assignment. The Customer may not assign its rights under the agreement without our consent, which will not be unreasonably withheld. We may assign the agreement to a successor to the Connect360 business on notice to the Customer, provided the successor is bound by these Terms, including Schedule 1.
19.3 Force majeure. Neither party is liable for a failure or delay in performance (other than an obligation to pay money) caused by an event beyond its reasonable control.
19.4 Notices. Notices may be given by email to the Customer's account contact or to info@connect360.com.au.
19.5 Severability and waiver. If any provision is unenforceable, it is severed and the remainder continues to apply. A failure to exercise a right is not a waiver of that right.
19.6 Relationship. The parties are independent contractors. Nothing in the agreement creates a partnership, joint venture or agency.
19.7 Entire agreement. The documents listed in clause 1.2 constitute the entire agreement between the parties in relation to the Services.
19.8 Contact. Questions about these Terms may be directed to info@connect360.com.au or Property Dollar Pty Ltd, Level 27, Tower 1, 100 Barangaroo Avenue, Sydney, NSW 2000.
1 Application. This Schedule applies to all Client Data processed by Property Dollar in providing the Services. It prevails over the other provisions of these Terms in relation to Client Data.
2 Instructions. Property Dollar will process Client Data only on the Customer's instructions, which comprise the Customer's configuration and use of the Services, these Terms and any written instruction agreed by the parties. Property Dollar will inform the Customer if it considers that an instruction contravenes applicable law.
3 Personnel. Access to Client Data is limited to authorised personnel who require it to provide, maintain or support the Services and who are bound by obligations of confidence. Access to production Client Data is permitted only where required to investigate or resolve a technical issue, or at the Customer's request.
4 Security. Property Dollar will implement and maintain the security measures described in section 11 of the Connect360 Privacy Policy, including periodic independent penetration testing, and will use reasonable endeavours to maintain its ISO/IEC 27001 certification.
5 Service providers. Property Dollar may engage the service providers listed in the Connect360 Privacy Policy to process Client Data. Property Dollar will notify the Customer by email at least 14 days before engaging a new service provider that will process Client Data. The Customer may object on reasonable grounds and, if the objection is not resolved, may terminate the affected Services without penalty. Property Dollar is responsible for the performance of its service providers as if it were its own performance. This clause does not apply to Connected Accounts, Connected CRM Platforms or other services selected by the Customer.
6 Data breach. Property Dollar will notify the Customer without undue delay, and in any event within 72 hours, after becoming aware of a data breach affecting Client Data. Property Dollar will provide the information reasonably available to it about the nature of the breach, the information involved, its likely consequences and the steps taken, and will cooperate with the Customer's assessment under Part IIIC of the Privacy Act. Property Dollar will not notify Clients directly without first consulting the Customer, unless required by law.
7 Assistance. Property Dollar will provide reasonable assistance to enable the Customer to respond to Client requests for access or correction, complaints and inquiries from regulators. Property Dollar will refer to the Customer any such request it receives directly.
8 Location. Client Data is hosted and stored in Australia. Client Data is processed outside Australia only in the circumstances described in section 14 of the Connect360 Privacy Policy.
9 Assurance. On written request, and no more than once in any 12-month period (unless following a data breach or a request from a regulator), Property Dollar will provide a copy of its current ISO/IEC 27001 certificate, a summary of its most recent independent penetration test, and reasonable written responses to a security questionnaire, subject to clause 12 of these Terms.
10 Return and deletion. Following termination, the Customer may export Client Data in a commonly used format for 14 days. Property Dollar will then delete Client Data from its production systems within 30 days, and Client Data will be removed from backups in the ordinary course of the backup cycle, subject to any retention required by law. On request, Property Dollar will confirm deletion in writing.
11 Artificial intelligence. Property Dollar will not disclose Client Data to any third-party artificial intelligence or large language model service, or use Client Data to develop, train or improve any artificial intelligence or machine learning model, without the Customer's prior written consent.