Terms And Conditions

Through KTK Partners Pty Limited (ABN 85 634 620 125), an Australian Company doing business as Tangilla, (“Tangilla”) provides real estate associations a platform to manage member relationships, billing, events, and communications. All communications sent using this service must comply with the Spam/Commercial email/privacy laws in Australia as well as those in the country you reside in and our compliance rules and guidelines as stated in these terms. The following are the terms and conditions for use of the Services. Through the creation of your account and/or your continued use of the service, you indicate your acknowledgment and acceptance of these terms and conditions (‘Terms of Service’).

Definitions:

“Terms of Service”, “Terms of Use”, “Terms and Conditions of Service”, “Terms”: these terms and conditions of service.

“You”, “Your”: the Team Member, or Tangilla account holder.

“Account Owner”: the owner of the Tangilla account under which some Team Member accounts are held. Account Owners are defined as the account with billing responsibilities.

“Us”, “Our”, “We” or “Tangilla”: KTK Partners Pty Limited trading as Tangilla or the Tangilla Service as defined in these Terms.

Services and Support
1. The Services are provided subject to these Terms of Service, as may be amended by Tangilla, and any guidelines, rules or operating policies that Tangilla may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Tangilla web site, or otherwise providing notice to you, Tangilla may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
2. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
3. The Services enable real estate agents and other individuals/businesses in the real estate industry a platform to request and receive feedback and testimonials from customers and other parties involved in transactions or potential transactions with their businesses.
4. Both the number of invitation messages sent and the number of responses received by customers be they (clicks, surveys commenced or surveys completed) are metered by Tangilla. Paid Tangilla accounts allow you to send an unlimited number of invitations as part of your monthly/annual access fee.
5. Invitations may only be sent to customers/persons involved in transactions or appraisals with the business that operates the Tangilla account. All fees paid to Tangilla for Tangilla are non-refundable. Payment for Services will be made by a valid credit card accepted by Tangilla. You hereby authorize Tangilla to charge your credit card monthly for your monthly access fee or annually for your annual access fee (in advance). Fees are payable in the currency specified on your invoice. If Tangilla is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by Tangilla.
6. For all accounts, Tangilla may charge an account re-activation fee should an account need to be re-activated by a customer after an account has become de-activated due to non-payment or an untimely authorization for payment. Accounts that have amounts due that have been unable to be charged to a credit card held with the account may be immediately disabled. Accounts that remain disabled for a period of more than one monthly billing cycle (up to 31 days) for reason of non-payment may be subject to deletion at the sole discretion of Tangilla. DISABLED ACCOUNTS HAVE ONE BILLING CYCLE (UP TO 31 DAYS) TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING RESPONSES RECEIVED, MAY BE PERMANENTLY REMOVED FROM THE SYSTEM.
7. You must complete the registration form on the Tangilla website in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and in some cases a password for your Tangilla account as the Account Owner. You are responsible for maintaining the security of your account and passwords, and for all uses of your account and of the Services in your name. Tangilla reserves the right to refuse registration of, or cancel, accounts it deems inappropriate or for any reason at its sole discretion
Restrictions and Responsibilities
1. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2. You acknowledge and agree that the Services and the Tangilla company names and logos and all related product and service names, design marks and slogans, are the property of Tangilla or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Tangilla, or unless otherwise agreed in these terms of use or other policies as published and/or amended by Tangilla from time to time. Your use of the Services confers no title or ownership in the Service, the Software, or the Marks and is not a sale of any rights in the Service, the Software, or the Marks. All ownership rights remain in Tangilla or its third party suppliers, as the case may be.
3. You represent covenant and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Tangilla against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services.
4. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state, or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
5. In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Tangilla. Tangilla may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
6. Tangilla will not use any of your invitation lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Tangilla will not use your customer information for the purpose of sending unsolicited commercial e-mail.
7. You will adopt and maintain the Privacy Policy, which may be modified by Tangilla from time to time.
Termination
1. You may terminate this Agreement at any time by signing in as the account owner and closing your account or by sending written notice to KTK Partners Party Ltd, PO Box 1341, MANLY NSW 1655, Australia. Correspondence must include your first name, last name, and Tangilla username. Accounts may only be closed by account owners or the credit card holder for an account. No refunds will be issued if you terminate this agreement. Dormant Accounts – non-paid accounts that are dormant (have not been accessed by the account owner for a period of over 6 months) may be subject to deletion without notice to the account holder.
2. Tangilla may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Tangilla shall have no liability to you or any third party because of such termination. If Tangilla terminates this agreement because you violated these terms, no refund will be issued.
3. Tangilla may delete any of your archived data within 60 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, and limitations of liability.
Warranty Disclaimer; Remedies
1. USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TANGILLA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND TANGILLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
2. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Tangilla to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TANGILLA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “TANGILLA “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Tangilla SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Tangilla IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Tangilla TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.
Export of Services or Technical Data
1. You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia or any other applicable country.
Miscellaneous
1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
2. Tangilla and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
3. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Tangilla in any respect whatsoever.
4. The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.
System Requirements
1. It is understood that in order to use Tangilla, a Windows-based PC, or Apple OSX based system with a modern internet browser must be used. We support the current and previous major releases of Google Chrome®, Firefox®, Safari®, Microsoft® Edge™, and Internet Explorer® on a rolling basis. Each time a new version is released, we begin supporting that version and stop supporting the third most recent version. Additionally, a stable connection to the Internet is required. Tangilla may work in a limited manner on mobile and/or tablet devices, Unix, and other platforms, but there is no guarantee of functionality on such platforms. Additionally, Tangilla may work in a limited manner on web browsers other than those mentioned above, but there is no guarantee of full functionality on web browsers other than those expressly mentioned.
Compliance rules for sending emails
1. All Tangilla customers must follow the rules of the federal CAN-SPAM act as well as any other legislation relevant to your jurisdictions when sending invitations through the service. Accordingly, we require the following of invitations messages sent through the Tangilla system:
  - All emails must contain the non-Internet contact information of the sender, namely your company’s phone number or that of a company employee.
2. All emails delivered by the Service include and link to an email opt-out provided by the Service. When invoked by the recipient the address is added to a ‘do not send list’ you will not be able to send further invitations to this address from the Service under your account.
Email Practices
1. You agree to import, access, or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Tangilla if you have questions).
2. You cannot mail to distribution lists, newsgroups, or spam email addresses.
3. You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Tangilla account.
4. Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Tangilla, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final binding, and conclusive for all purposes under this Agreement.
5. Tangilla, at its own discretion, may immediately disable your access without refund to the Services if Tangilla believes in its sole discretion that you have violated any of the email and permission practices listed above.
Use of Trademarks
1. All trademarks, service marks, trade names, trade dress, product names, and logos appearing on this site are the property of their respective owners. Any rights not expressly granted are reserved.
Data Privacy & Security
1. Tangilla works diligently to protect your proprietary data. We employ several physical and electronic safeguards to keep your information safe. We use the strongest available browser encryption, store all of your data on servers in secure facilities, and implement systematic processes and procedures for securing and storing data. We limit access to your data to only those employees with authorized access who need to know the information in order to perform their jobs, and we require third parties who perform services for Tangilla to agree to keep your data confidential.

Version: 1.01 | Last Updated: July 2022