Property Xclusive

Support Programs – Terms & Conditions and Privacy Policy

Last updated: 5th May 2026

Terms and Conditions

1. General

The business of Property Xclusive ("PX") is conducted by way of business & trade promotions and membership offerings. The service includes an online platform offering members' exclusive access to special partner offers and discounts. These offers and discounts are made available through our digital and physical channels, including but not limited to our Website, the PX Platform, Social Media, Email, and Virtual.

These terms and conditions ("Support Program Terms") (SP) govern the SP agreement with PX and your ability to use PX branding, access PX resources and manage PX Intellectual Property. Once accepted by you, when you sign PX's relevant SP registration form, paper-based agreement, or by accepting the SP Terms online on the Website.

("Start Date"), these SP Terms & Conditions, together with the Privacy Policy, all other policies and documents referred to in these SP Terms & Conditions and any registration form, SP Cover Agreement or other written agreement, constitute a formal agreement between you and PX ("SP Agreement").

When reference is made to "we" or "us" or "our" in these SP Terms, it means PX. When reference is made to "you" or "your" in these SP Terms, it means the Support Program recipients and their representatives.

These Terms and Conditions apply to all contracts for the supply of services by the Supplier (PX) to the Support Program recipient and its representatives and shall prevail over any other documentation or communication from the Recipient.

Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

Agreement to these Terms and Conditions allow Property Xclusive to promote and drive traffic to the Support Program Recipient and links provided via marketing strategies the Supplier wishes to utilise.

2. Definitions

In this document the following words shall have the following meanings.

Supplier: means the provider of services (Property Xclusive (PX))

Support Program Recipient: means any person, club or association who is registered for services from the Supplier.

Terms and Conditions: means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

Property Xclusive Marks: means the artwork, logos, trade names, trademarks, and other branding (whether registered or unregistered) of PX.

Property Xclusive Materials: means documents, information, and materials, including marketing materials, produced by PX and provided to you for the purposes of this SP Agreement or used by PX in performing its obligations under this SP Agreement.

Materials means the artwork, logos, trade names, trademarks, and other branding (whether registered or unregistered) of a Club or Association.

3. Intellectual Property

Intellectual Property Rights: means all intellectual property rights, including the following rights:

(a) patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential.

(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and

(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including the Applicable Jurisdiction), regardless of the form and whether or not such rights are registered or capable of being registered.

3.2 PX IP

PX IP means the Intellectual Property: (a) in PX Materials; (b) in the PX Marks; (c) existing prior to the Commencement Date and all modifications, enhancements, derivations, or updates to it; and (d) information that is received or developed by the partner during the Term, which relates to processes, equipment and techniques used by PX in the course of the PX's business, including but not limited to all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.

Club or Association IP means any artwork, logos, trade names, trademarks, and other branding (whether registered or unregistered) of a Club or Association.

4. Payment & Price

Payment – There is no payment for the Support Program. This is our way of giving back to volunteer Clubs and other Associations across Australia.

The Supplier reserves the right to modify, update or run promotions on any service at any time.

5. General Performance Obligations

Each party must carry out its role and obligations set out in this SP Agreement: (a) to a professional standard; (b) in a timely fashion, including to achieve any timing requirements for delivery of the Services; (c) using personnel with appropriate expertise, qualifications and experience; (d) in accordance with all Applicable Laws; and (e) in accordance with applicable PX Policies to the extent that such PX Policies are reasonable and do not breach any Applicable Law.

6. Supplier Obligations

6.1

The Supplier shall perform the services outlined in the sign-up form and email communications, with reasonable care and skill and to a reasonable standard in accordance with recognised standards and codes of practice.

6.2

Data protection: All information and data will be kept digitally by PX, and will not be printed or passed on to third parties.

7. Sports Clubs & Other Associations Obligations

To enable the Supplier to perform its obligations the Clubs or Other Associations shall:

Cooperate with the Supplier.

Provide the Supplier with all information reasonably required by the Supplier to fulfil their obligations.

Provide the Supplier with their correct Club or Association name, postal address, contact email address and contact phone information.

Allow the Supplier to utilise business logos and information for promotional use.

Comply with other such requirements as agreed between the parties.

Comply with all other statutory requirements, particularly in regard to data protection and confidentiality.

8. Limitation of Liability

8.1

The Supplier shall not be liable under any circumstances to the Clubs, Other Associations or any third party for any indirect or consequential loss of profit or other economic loss suffered by a Club or Association howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

8.2

Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by a Club or Other Association however caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the services.

9. Modifications to This Support Program Agreement

9.1

From time to time, PX may update this SP Agreement, and PX reserves the right to modify and/or make changes to this SP Agreement at any time.

9.2

If PX makes any material change to this SP Agreement that materially reduces your rights, PX will notify you using prominent means such as by: (a) email notice sent to the email address specified in your account; or (b) posting a notice on the Website.

9.3

Other modifications will become effective on the day they are posted, unless stated otherwise.

9.4

The revised SP Agreement supersedes all previous SP Agreements.

10. Assignment

10.1

PX may assign, novate, or otherwise transfer this SP Agreement or any of its rights or obligations under this SP Agreement.

10.2

You may not assign, transfer, novate or otherwise deal with your rights and obligations under this SP Agreement without the written consent of PX, which will not be unreasonably withheld.

10.3

This SP Agreement inures to the benefit of and is binding upon the parties, their respective successors in interest by way of merger, acquisition, or otherwise ("transfer") and their permitted assigns. If you transfer all or any part of your Club or Other Association, you will do so on the basis that, subject to the agreement of PX at the time, you will oblige the transferee to accept the terms and conditions of this SP Agreement as part of the transfer.

11. Directions

You must comply with all terms of this SP Agreement and with any reasonable directions, special conditions, content and/or product guidelines or specifications advised by PX from time to time.

12. Cancellations / Returns / Refunds

A Club or Other Association can cancel its registration or participation in the SP at any time. As there is no cost for this program, there are no refunds or returns required. All parties must return or destroy any and all information received from the other if requested.

13. Property Xclusive Property & Copyright

The contents of the PX website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of PX. Format and layout of the website and associated pages are the property of PX.

14. Representations

The parties agree that no promise or representation made or given by PX, its employees, officers, agents, or contractors will be recognised unless contained in this SP Agreement.

15. Effect of Signature

This SP Agreement shall not be binding on PX until it has been accepted by signature by its duly authorised officer.

16. Legal Compliance

16.1

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities that, if not complied with, will either render a transaction void or unlawful.

16.2

You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the software are lawful. You must ensure that they comply with all applicable laws in Australia and all other countries.

16.3

You should comply with country and state regulations.

17. Privacy

17.1

Each party must, at all times, comply with the Privacy Laws and the Privacy Policy.

17.2

If PX provides you with any Personal Information or you become aware of any Personal Information collected or held by you as a result of the parties' activities under this SP Agreement, you must: (i) not use, disclose, store, transfer, or handle the Personal Information except in accordance with Privacy Laws and the Privacy Policy; (ii) take all steps to ensure that the Personal Information is protected from misuse, loss, unauthorised access, modification, or disclosure; (iii) use or disclose the Personal Information only for a purpose connected with this SP Agreement or as permitted by the Privacy Laws and the Privacy Policy; execute and comply with the applicable data processing agreement provided to you.

17.3

Cooperate with any reasonable request or direction from PX that relates to: (i) data subject requests for access to, or rectification of, the Sports Clubs, Other Association or an individual's Personal Information; (ii) regulatory investigations or litigation related to such Personal Information; or (iii) compliance with applicable Privacy Laws and regulations.

18. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provision hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

19. Entire Agreement

19.1

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

19.2

This SP Agreement sets out the entire agreement between the parties as to its subject matter and supersedes all previous agreements, understandings, and negotiations on that subject matter.

Privacy Policy

Property Xclusive Pty Ltd (the "Site", "we", "us", or "our") is committed to protecting the privacy of our members, partners and users. This Privacy Policy describes how Property Xclusive collects, uses, discloses, and stores your Clubs or Associations and your personal information when you visit our Site and use our Services, for our Support Program (SP) when you visit propertyxclusive.com.au (the "Site") or otherwise communicate with us (collectively, the "Services"). This is in accordance with the Australian Privacy Act 1988 and Australian Consumer Law. For purposes of this Privacy Policy, "you" and "your" means you and the Club or Other Association as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Collection of Personal Information

We collect your clubs or associations information and personal information to provide our Support Program services, facilitate our business, and improve our overall offerings and services. The types of personal information we obtain about you depends on how you interact with our site and use our services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you and your Club or Other Association.

Information that you directly submit to us through our services may include: Basic contact details including your name, email address, phone number, your club or associations name, address, phone number, and any other information you provide in connection with your clubs' or associations registration and trade lottery participation.

How We Collect and Use Your Information

To provide the Services, we collect personal information, and information about your club or association from a variety of sources. The information that we collect, and use varies depending on how you interact with us. We collect information when you sign up to our Support Program, and when you contact us for support or information.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, to provide the Services we offer, to process and manage your clubs or associations registration, to facilitate and administer trade promotion lotteries, to communicate with you regarding our services, promotions and updates, to improve our website and user experience and to comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

Disclosure of Personal Information

We may disclose your Clubs or Associations and your personal information: to third-party service providers who assist us in providing our services (ie payment processors and marketing platforms etc.); to regulatory authorities when required by law; with your consent or as otherwise permitted by law; and in the event of a transfer or sale of business.

Data, Security & Storage

We take significant steps to protect your personal information from disclosure, misuse, loss, and unauthorised access. All personal information is stored securely. We use firewalls, encryption, and secure servers to safeguard your personal data.

Third-Party Links

Our website may contain links to third-party sites. We are not responsible for the practices and privacy of these external websites, and you should review their privacy policies.

Cookies and Tracking Technology

Our website may employ cookies to help enhance your browsing experience, track website usage and for internal management purposes. You have the option to manage cookies preferences through your browser, although disabling them may restrict the range of functions and services we can offer you.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices, or for other operational, legal, or regulatory reasons. Any changes will be posted on our website, and the revised Privacy Policy on the Site will state the "Last updated" date and we'll take any other steps required by applicable law.

Contact Us

For any privacy related enquiries or queries please contact us by email at the following address.

Property Xclusive Pty Ltd — support@propertyxclusive.com.au

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