Legal
Terms of Service
Version 1.0.0 · Effective on approved publication · initial · Prior versions
Binding SHA-256 b11fc747f431adf16dc9984d5e188e2404f50d8d5188cb8ec18921d4ecb85155
You are viewing a historical version. It may have been superseded by a later version.
The left column is the agreement. The right column (“What it means”) is a plain-English guide only and does not form part of the agreement.
1. Acceptable use
OurCommons is designed for managing Australian strata schemes, including owners corporations and bodies corporate. You agree to use the platform only for lawful purposes related to strata management, committee governance, owner communication, compliance administration and trust accounting, and only for schemes you are authorised to access or manage. You must not misuse the platform, interfere with its security or operation, attempt to gain unauthorised access, bypass access controls, share credentials, introduce malicious code, scrape, crawl or bulk extract data except through authorised exports, overload the service, impersonate another person, or store, transmit or encourage material that is defamatory, fraudulent, misleading, abusive, unlawful or infringes another person's rights. You must not reverse engineer, decompile or otherwise attempt to derive source code or underlying platform materials, except to the extent this cannot lawfully be restricted. You must not resell, sublicense, white-label or provide the platform to others as a separate service unless we have expressly agreed in writing.
2. Account responsibilities
You are responsible for the accuracy of the information you enter or upload, except where you are only passing on records supplied by an owners corporation, body corporate, strata management firm or other authorised source. Strata managers are additionally responsible for taking reasonable care with data entered on behalf of the schemes they manage. You must keep your login credentials secure, use any required security controls, avoid sharing access, and notify us promptly if you suspect unauthorised access. You are responsible for activity carried out through your account where that activity results from your breach of these terms, your failure to take reasonable care with account security, or access you authorised. You are not responsible under these terms for unauthorised activity caused by an external compromise that you did not enable. If you manage buildings on behalf of a strata management firm, owners corporation or body corporate, you represent that you have authority to act for that entity.
3. Relationship to subscription agreements
Paid subscriptions are governed by a separate subscriber contract comprising the Order Form and the exact, hash-identified Subscription Agreement accepted by the subscribing strata management firm, owners corporation, body corporate or other Subscriber. If there is any inconsistency, that subscriber contract prevails for the Subscriber's commercial relationship and covered buildings.
Each end user separately accepts the independently versioned End User Licence Agreement before first access. These Website Terms are a parallel, independently versioned document. They are not dynamically incorporated into the Subscription Agreement or EULA, and a subscriber representative does not accept them or the EULA for other users.
4. Data ownership
Personal content you submit to the platform remains yours. Scheme records, including meeting records, financial transactions, compliance documents, correspondence and other building data, remain the records of the relevant owners corporation or body corporate, or another person or entity that lawfully owns or controls them. Uploading or entering scheme records does not mean you personally own those records or can transfer ownership of them to us. We do not claim ownership of personal content or scheme records. Ownership, export and retention of a subscribed building's data are dealt with in the Subscription Agreement. Our handling of personal information is described in the Privacy Policy.
5. Intellectual property
The platform, including its software, design, trade marks and documentation, is owned by or licensed to OurCommons Pty Ltd and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the platform in accordance with these terms; nothing in these terms transfers ownership of the platform to you. If you send us feedback or suggestions, we may use them without restriction or obligation to you.
6. Platform availability
We aim for high availability and will take reasonable care in operating the platform, but we do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance with reasonable notice where practical. Subject to any rights or remedies that cannot lawfully be excluded, we are not liable for outages, delays, data-transmission failures or service limitations caused by factors beyond our reasonable control, including telecommunications networks, internet routing, cloud hosting, payment, identity, communications, analytics and other third-party providers.
7. No legal or financial advice
The platform, including its reports, compliance prompts and AI features such as the CoMo assistant, is an administrative tool. Content generated by the platform may be incomplete or contain errors and is not legal, financial or other professional advice. You are responsible for verifying platform outputs before relying on them, and compliance with strata legislation remains the responsibility of the relevant owners corporation, strata management firm or user.
8. Liability
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. To the extent permitted by law, we exclude liability for indirect or consequential loss. Where a Subscription Agreement is in place, our liability to the Subscriber is governed by that agreement.
9. Fees & billing
Committee members and lot owners access their included portal accounts at no additional charge. Fees for subscriptions are set out in the applicable Subscription Agreement and order form, are calculated per lot, and are billed to the subscribing strata management firm or self-managed owners corporation. Current pricing is published on the pricing page. Price changes and renewal billing are governed by the Subscription Agreement.
10. Account suspension & closure
We may suspend, restrict or close an account where we reasonably believe this is necessary because of a breach of these terms, unlawful use, security risk, non-payment by a subscriber, or risk of harm to us, users, a scheme or a third party. We will act proportionately, give notice where practical, and provide a reasonable opportunity to fix the issue where the issue can reasonably be cured. We may act immediately without prior notice where we reasonably believe this is necessary to address security risk, unlawful activity, serious harm, unauthorised access or misuse of scheme records. You may stop using the platform and ask us to close your account at any time. Termination of a subscription, commercial consequences of suspension or termination, and any data-retrieval window that follows subscription termination are governed by the Subscription Agreement between us and the subscriber.
11. Governing law
These terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in the courts of New South Wales.
12. Changes to terms
We publish each version of these terms, its effective date, binding hash and changelog on this page and preserve prior versions. We may replace these terms by giving each affected user at least 30 days' advance notice through an in-app popup and email. The notice identifies the old and new versions and hashes, the changes and the date the new version will take effect.
Your continued use of the Platform from the stated effective date constitutes agreement to the revised terms. If you do not agree, you must stop using the Platform before that date. Your disagreement does not by itself terminate the Subscriber's Subscription Agreement. Commercial changes to a Subscription Agreement, including price changes and subscription objection rights, are governed only by that agreement.
13. Contact
These terms are issued by OurCommons Pty Ltd. For questions about these terms, email hello@ourcommons.co and we aim to respond within one business day.