Terms Of Use

By using the Vision Resident’s Portal (this “site”), you confirm that you are 18 years old and above and are deemed to have agreed to these terms and conditions of use. Brady Owners Corporation Services Pty Ltd (“Brady”) reserves the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site.

By clicking on the “I have read and agree to the terms and conditions” button and completion of the registration process, you are stating that you agree to be bound by all of the terms of service and conditions of use.

Registration Details

You agree to: (a) provide true, accurate, current and complete information about yourself on the registration form (“registration information”) and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brady has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brady has the right to suspend or terminate your account and refuse any and all current or future use of the service.

Security

You must not disclose your Password to any other person. Access to the site will be given on correct entry of a registered E-mail (which acts as a User ID) and password (your “Account”). Once access is granted, all actions taken will be deemed to be made by you or with your authority. If you believe that your Account has been compromised, you must contact Brady immediately. Brady reserves the right to deny access to the Site where there are concerns regarding security or unauthorised access.

Indemnity

You agree to indemnify Brady and all users of the site against any claim, loss, cost, damage, action or expense which Brady or any other user may experience arising from use of the Site by you or anyone you authorise to  use your Account.

Denial of Access

Brady reserves the right to deny access to the Site including where a tenant’s lease has expired according to Brady’s available records.

Internet Access And Electronic Communications

While Brady has put in place certain security systems on the Site, Brady is unable to guarantee in all circumstances that the Site or the information contained on the Site will not be subject to unauthorised access. Brady will not be liable for any loss, damage, claim or expense arising from any unauthorised access to the Site or the information (including client records) contained in the Site. By agreeing to these terms of service, you accept that from time to time you will receive transmitted communication (IE: emails) concerning issues or information associated with your membership or involvement with the site.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

Restriction on Use of Materials

All materials published by Brady and its third party providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the “content”) are the property of or controlled by Brady or the party credited as the provider of the content. The organization and its members will respect all proprietary rights of Brady and its third party providers in and to the content, site name, Services, and site, any products or other services.

 

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Brady. You may not publish, display, or commercially exploit any material from or other entities with an interest in the relevant intellectual property unless you request and receive prior written permission from us or other entities with an interest in the intellectual property.

 

You must follow and observe all additional copyright notices or other restrictions contained on the site.

Governing Law

These terms shall be governed by and construed in accordance with the laws of Victoria Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of such State and all courts competent to hear appeals there from.

Severance

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Brady relating to the subject matter it contains, notwithstanding any prior negotiations, representations, warranties, covenants, understandings or agreements made or entered into before this agreement was accepted by you.

Privacy Policy

We will not use or disclose any personal information for any purpose other than discharging the services on this site except:

 

  • Your name and your contact details to other Brady Group of companies, including Brady Residential Pty Ltd, Brady Sales Pty Ltd etc;
  • Any requirement by law to disclose.
Disclaimer

To the extent permitted by law, the services and materials on this site are provided “as is” and without warranties of any kind, either express or implied. Brady makes no warranties with respect to the Services, the underlying software of the Services, the documentation (if any) supporting the foregoing or any components or portions thereof, or any other goods or services provided by Brady, express or implied, oral or written, including but not limited to the implied warranty of merchantability, non-infringement and fitness for a particular purpose.

 

Neither Brady nor any of its respective licensors, contractors, subcontractors or suppliers warrant that any functions contained on this site will be uninterrupted or error-free, that defects will be corrected, or that resident interactive or the server that makes the resident interactive service available are free of viruses or other harmful components.

 

Neither Brady nor any of its respective licensors, contractors, subcontractors or suppliers warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

 

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

We do not endorse, warrant or guarantee any products or services offered on this site.

Limitation Of Liability

To the extent permitted by law, in no event will Brady, any affiliate or subsidiary, or any of their respective officers, directors, employees, contractors, subcontractors, or representatives be liable to you or to any other party for any special, indirect, incidental or consequential damages, including damages or costs incurred as a result of loss of time, loss of savings, loss of property, loss of data, loss of profits or loss of goodwill, whether foreseeable or unforeseeable, which may arise out of or in connection with a defect in the Services, the underlying software to the Services, the documentation (if any) supporting the foregoing or any components or portions thereof including without limitation the use of or inability to use the foregoing, regardless of whether Brady has been advised by you of the possibility or likelihood of such damages occurring, or whether claims are based or remedies sought in contracts, negligence, strict liability, tort, products liability or otherwise.

 

Brady shall not be liable for and does not assume any responsibility for any breakages, damages, failures or delays caused by misuse, abuse, negligence, accidents, improper installation, force majeure events or any other causes beyond Brady’s control.

 

In all events and to the extent permitted by law, the total cumulative liability to you, or any other party, by Brady or any of its affiliated companies or any of its or their respective licensors or suppliers for damages, losses, and causes of action (whether in contract, tort, or otherwise) shall be limited to and shall not exceed the aggregate of the renewal fees actually paid by the you to Brady (if any) for accessing the site during the 12 month period preceding the occurrence giving rise to a claim of liability.

 

Notwithstanding any provisions of these Terms of Service, where any legislation implies in these Terms of Service any term, condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of all liability under such term, condition or warranty, such term, condition or warranty shall be deemed included in these Terms of Service. In such circumstances, Brady’s liability for any breach of such term, condition or warranty shall be limited, however, at Brady’s option, to any one or more of the following;

 

If the breach relates to goods:

 

  • The replacement of the goods or the supply of equivalent goods.
  • The repair of such goods.
  • The payment of the cost of replacing the goods or of acquiring the equivalent goods.
  • The payment of the cost of having the goods repaired.

 

If the breach relates to services:

 

  • The supplying of the services again.
  • The payment of the cost of having the services supplied again.