Terms & Conditions

Welcome to Alyta! By signing up for an Alyta Account or by using any Alyta Services, the User acknowledges that they have read, understood, and agree to be bound by the following terms and conditions, which govern access to and use of the Alyta Services via the Alyta Management Program. This constitutes a legally binding Agreement between the User and the Provider.

Last updated 1/09/2024

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1. In this Agreement:
   1. “Account” means collectively the Alyta Account and any Associated Accounts.
   2. “Agreement” means this Subscription Agreement.
   3. “Alyta” and “Provider” means Alyta Pty Ltd (ACN 654 730 784), the owner and developer of the Alyta Management Program and provider of the Alyta Services.
   4. “Alyta Account” means the account created by and registered to a User upon subscribing to the Program.
   5. “Alyta Management Program” and “Program” means the cloud based program that allows or facilitates access to and use of Alyta Services via an Account.
   6. “Alyta Services” and “Services” means the property and storage management services offered by Alyta (and/or Third Party Providers), in Alyta’s sole discretion and as amended by Alyta from time to time, in respect of certain Units, Spaces and/or Locations owned by Users. A list of current Alyta Services can be found on the Alyta Website.
   7. “Alyta Website” means www.alyta.com.
   8. “Associated Account” means any account/s created by the User and registered to a User Associate under the User’s subscription.
   9. “Australian Consumer Law” has the same meaning given to that term in the Competition and Consumer Act 2010 (Cth).
   10. “Confidential Information” means any and all information (whether oral, in writing or electronic) belonging or relating to either party which is communicated to or becomes available to the other party in connection with the Program or Alyta Services, including: some text
       1. the terms of this Agreement; 
       2. business records and information described as confidential and all other information relating to a party, the structure of their business, their property and assets, and any commercial/financial information; 
       3. all electronic data or information generated or submitted by, or caused to be generated, provided or submitted by, a party from the use of the Program or Alyta Services; 
       4. all data, information and other output from the use of the Program or Alyta Services; and
       5. all data and information processed, stored, and/or provided to or for the User and any User Associates as part of the Program or Alyta Services, including without limitation data contained in forms, reports and other similar documents provided by Alyta.
   11. “Intellectual Property” means all intellectual property rights (whether registered or unregistered) owned by the parties, including all websites, trademarks and logos, domain names and email addresses, trade secrets and technical data, designs and Confidential Information.
   12. “Law” means any law, legislation or legislative provision, including any statutory modification, amendment or re-enactment, any subordinate legislation or regulations issued under that legislation or legislative provision.
   13. “Location” means a premises and/or location from which a User’s business operates and in respect of which the User has registered under the Program as a Location and requested Alyta Services be provided.
   14. “Loss” means any direct damage, loss, costs, claim or expense (including legal costs and expenses).
   15. “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth) and includes any information about the User and any User Associates from which their identity can be reasonably ascertained, including without limitation details such as name, address, contact numbers, email address, date of birth, and any other information provided on their Account.
   16. “Subscription Fee” means the fee payable by the User to the Provider in consideration for the benefit granted by provision of the Alyta Services from the Provider pursuant to the Users subscription to the Program. 
   17. “Third Party Provider” means any third party engaged by Alyta to assist in administering the Program and/or Alyta Services.
   18. “Third Party Services” means any services provided by a third party which are not Alyta Services and therefore not subject to the terms of this Agreement, including but not limited to third party software, applications, products, services and website links including all updates, upgrades and any other modifications thereto.
   19. “Units” and “Spaces” mean those physical units and/or spaces available for customers of a User’s business to rent/access from time to time in respect of which the User has registered under the Program as a Unit and/or Space and requested Alyta Services be provided.
   20. “User” means the Program user, being an individual or organisation validly subscribed to the Program to whom Alyta Services are provided pursuant to this Agreement and who:some text
       1. has an active Alyta Account;
       2. is not in breach of this Agreement; and
       3. owns Units, Spaces and/or Locations managed under the Program.
   21. “User Associate” means any employee or representative of the User with an Associated Account registered in their name.
2. Headings are for convenience only and do not affect interpretation.
3. Unless the context requires otherwise:some text
   1. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
   2. a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
   3. a reference to an agreement or document (including a reference to this Agreement) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by this Agreement;
   4. a reference to a party to this Agreement or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);
   5. a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it; 
   6. mentioning anything after the words “includes”, “including”, “for example”, or similar expressions, does not limit what else might be included; and
   7. the plural includes the singular and vice versa.

2. Program Subscription and Provision of Alyta Services

1. The Program is provided for and is to be used exclusively as a property and storage management program.
2. In consideration for the Subscription Fee, the Provider grants to the User a non-exclusive, non-transferrable subscription to the Program subject at all times to the terms and conditions of this Agreement, including the right to access and use (and permit User Associates to use) the Services to which the User is subscribed for their internal business purposes.
3. Pursuant to this Agreement and in connection with their subscription to use the Program, Users may:some text
   1. request provision of certain Alyta Services in respect of Units, Spaces and/or Locations as required by User from time to time; and
   2. create and register Associated Accounts.
4. Users acknowledge that certain Alyta Services are provided by Third Party Providers.
5. The Provider shall make the Program and any Alyta Services requested by the User available to the User pursuant to and for the duration of this Agreement.
6. Users may request provision of certain Alyta Services and add or remove Alyta Services and Associated Accounts from their subscription to the Program as required, and the corresponding Subscription Fee (as defined below) shall be prorated as applicable. 
7. The Provider may modify the Agreement at any time by uploading a revised Agreement to their website. The Users continued use of the Program shall constitute acceptance of the revised Agreement. 
8. The User acknowledges and agrees that they subscribe to the Program on an 'as is' basis, subject only to the express warranties set out herein. The Provider makes no representations as to the suitability of the Program for the Users needs and use of the Program is entirely at the User's own risk.
9. The User and any User Associate must supply all Personal Information reasonably required to effectively operate the Program. If the User or any User Associate fails or refuses to provide Personal Information, the Provider may be unable to provide the Alyta Services.
10. The Program may not be used in an illegal, misleading, or otherwise unlawful manner.
11. No other rights are granted except as expressly set forth in the Agreement. The Agreement is not a sale and does not convey any rights or ownership in or to the Program. 

3. User Associates

1. Users may designate and authorise as many User Associates as required by the User from time to time and register an Associated Account to each User Associate.
2. Users acknowledge and agree that by creating and registering an Associated Account:some text
   1. the User authorises the User Associate to use the Program under the Users subscription and pursuant to this Agreement;
   2. the User is responsible for the actions of any User Associate in connection with the Program and their compliance with the Agreement;
   3. an action or request of a User Associate in connection with the Program will be considered the action or request of the User for the purposes of this Agreement; and
   4. any action of a User Associate which, if an action of a User would constitute a breach of this Agreement, is a breach for which the Provider may take action against the User in accordance with Clause 8 and 12.
3. Users may delete and/or deregister any Associated Account/s at any time.
4. Users are responsible for and must use all reasonable efforts to prevent unauthorised access to or use of the Program and Accounts. Users must notify Alyta immediately of any unauthorised access or use.

4. Third Party Services

1. Users acknowledge that the Provider may from time to time recommend Third Party Services to supplement and/or in conjunction with the Alyta Services, including by way of links to Third Party sites. 
2. Users agree and acknowledge that Third Party Services incur separate charges based on usage and are billed separately.
3. The Provider does not warrant any Third Party Services. Third Party Services are not under Alyta’s control and Alyta are not responsible for any Third Party Services, or any changes or updates to Third Party Services provided via a website link. Alyta recommend Third Party Services only as a convenience, and the inclusion of any link does not imply endorsement by Alyta of the site or any Third Party Services.
4. Users agree and acknowledge that if they decide to install, enable and/or use any Third Party Services, they do so entirely at the Users own risk.
5. The User acknowledges that the Third Party Services are separate and distinct from any of the Alyta Services provided by a Third Party Provider. Third Party Services do not form part of this Agreement.

5. Payment Terms

1. The Provider grants the User a 14 day free trial of the Program.
2. Upon expiration of the initial 14 day free trial period (Subscription Activation Date), the User agrees to pay the Provider the Subscription Fee for use of the Program and provision of the Alyta Services. If the User fails or neglects to do so, they will immediately and without notice be ‘frozen out’ of and denied access to all Accounts.
3. The Subscription Fee is calculated individually for each User based on a fixed rate per:

1. Account;
2. Unit/Space; and/or 
3. Location.

4. The applicable rates for Accounts, Units/Spaces and Locations may be varied by the Provider in their absolute discretion. Details of applicable rates used by the Provider to determine the Subscription Fee, as varied from time to time, shall be published and available from the User to view on the Alyta Website.
5. The User agrees to pay the Subscription Fee to the Provider monthly in advance via direct debit from the bank account nominated in their Alyta Account (as amended from time to time) on the Subscription Activation Date each month (“Payment Terms”).
6. The User hereby requests and authorises the Provider, though its financial institution, to debit the bank account nominated by the User to pay any amount deemed by the Provider to be payable pursuant to this Agreement (including the Subscription Fee).
7. The User hereby acknowledges that if payment of the Subscription Fee via direct debit does not clear into the bank account of the Provider, the User will be in breach of the Payment Terms.
8. The User hereby agrees and acknowledges that it is their responsibility to ensure there are sufficient clear funds available in their nominated bank account to allow payment via direct debit each month of the applicable Subscription Fee. If there are insufficient funds, the User:

1. may be charged a fee and/or interest by their financial institution; and
2. must arrange for payment of the Subscription Fee by another method or arrange for sufficient clear funds to be in their nominated account by an agreed time so that Alyta can process the Debit Payment.

9. If the User breaches the Payment Terms, the Provider reserves the right to immediately disable any and all Accounts, the User will be ‘frozen out’ of and denied access to all Accounts and prevented from using the Program until payment is received in full. 
10. The Provider will serve notice on the User of the breach and if payment has not been received in full within 14 days, the Provider reserves the right to, without further notice: 

1. terminate this Agreement in accordance with Clause 8; and 
2. sue the User for recovery of any outstanding amount, together with interest and legal costs.

6. GST

1. For the purposes of this Clause 6, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.
2. Any consideration to be paid or provided for a supply made under or in connection with this Agreement does not include an amount on account of GST.
3. Any supply under or in connection with this Agreement in respect of which GST is payable is increased by an amount equal to the GST exclusive consideration multiplied by the rate of GST prevailing at the time the supply is made.
4. The recipient of a supply made under or in connection with this Agreement must pay the amount by which the GST exclusive consideration is increased:some text
   1. at the same time as the GST exclusive consideration is payable or to be provided; and
   2. without set off, deduction or requirement for demand.
5. If a payment to a party under this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment is reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

7. Term 

This Agreement takes effect upon the User creating and registering an Alyta Account and continues on a month to month basis, subject to compliance with the Payment Terms, until and unless terminated in accordance with Clause 8.

8. Termination

1. The Provider may elect to terminate this Agreement immediately without notice if the User breaches the Payment Terms and fails to rectify the breach within 14 days.
2. The Provider may terminate all or any part of this Agreement immediately at any time by giving written notice to the User if it becomes aware that the Program or any rights granted by it under this Agreement is or may be (as determined by the Provider in its sole discretion) in breach of or contrary to:some text
   1. the rights of any third party (including any Intellectual Property Rights); and/or
   2. any applicable laws.
3. Either party may elect to terminate this Agreement by providing 14 days notice in writing to the other party.
4. Upon termination of this Agreement:

1. Alyta will cease providing the Alyta Services to the User;
2. The User and any User Associate will no longer be able to access their Account;
3. The parties will immediately destroy any and all Confidential Information relating to the other party in their possession;
4. Subject to the consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law and except to the extent otherwise required by Law, the User will not be entitled to any refunds, pro rata or otherwise;
5. Any outstanding balance owed to the Provider pursuant to this Agreement will immediately become due and payable in full; and
6. Alyta will delete all Personal Information of the User and any User Associate within 60 days of termination.

5. The User’s obligations and the Provider’s rights to recover any outstanding amount under this Agreement, together with interest and costs, in accordance with Clause 5 survive termination of this Agreement. 

9. Confidentiality

The Program may include Confidential Information and the User acknowledges that they are not entitled to use or disclose that Confidential Information to any third parties.

10. Intellectual Property

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The Program is owned by and constitutes the Intellectual Property of the Provider and the User may not copy the Alyta Program without the written consent of the Provider. The User acknowledges and agrees that this Agreement does not transfer to the User any right, title, or interest in or to any Intellectual Property of Alyta, including but not limited to the Services, Program and any and all updates, upgrades, modifications, enhancements, content, improvements or derivative works thereof.

11. Warranty and Indemnity

1. Each Party represents and warrants that it has the power and authority to enter into this Agreement and to carry out its obligations contemplated by this Agreement.
2. Users acknowledge and agree that it is their responsibility to at all times keep appraised of the current Agreement and to ensure that their contact details on the Account, including email address, are current at all times.
3. Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts beyond the reasonable control of the responsible party (event of “Force Majeure”), but only for so long as such conditions persist. Force Majeure events include, but are not limited to: natural disasters, wars and terrorist activities, riots, strikes and civil commotions, acts of third parties, explosions and fires, and failures of internet service providers.
4. Except as expressly set out in this Agreement, all terms, conditions, warranties and statements, (whether express, implied, written, oral, collateral, statutory or otherwise) are excluded to the maximum extent permitted by Law. 
5. The User acknowledges that the Program is provided without any express or implied warranties whatsoever and that no representation, warranty or undertaking has been made or given by the Provider in relation to the Program and/or the Alyta Services and the User has relied upon their own skill and judgment in deciding to use the Program. 
6. Further, notwithstanding anything to the contrary in this Agreement and without limiting any other provision of this Agreement, subject only to the consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law and to the extent otherwise permitted by Law, the Provider expressly excludes any conditions, representations and warranties imposed on this Agreement by Law in connection with the Program and/or supply of the Alyta Services and disclaims all liabilities (including for consequential and indirect Loss) concerning the type, quality, and standard of Alyta Services. 
7. Where liability of the Provider may not be excluded at Law, such liability is limited, at the sole discretion of the Provider, to: 

1. reimbursement of the previous months Subscription Fee; or
2. correction of defects in the Program (including the associated costs). 

8. The User acknowledges and agrees that in the event that reasonable control factors make it impossible for the Program to be supported, the Program may be restored to a previous state using a backup and it is the sole responsibility of the User to ensure that this backup is done regularly. 
9. The Provider expressly excludes liability for any Loss suffered by the User in connection with this Agreement, including but not limited to any damages whatsoever arising out of the use or inability to use the Program, or in the case of the User having no valid backup.
10. The User agrees to indemnify and hold harmless the Provider and all of its officers, directors, employees and subsidiaries for any and all Loss, liability, claim, cost or expense in connection with use of the Program and any Services or pursuant to this Agreement, including arising out of or relating to any information provided by the User or User Associates, any actual or alleged breach of any warranty or obligation, or any gross negligence or willful misconduct on the part of the User. 

12. Dispute Resolution

1. A party to this Agreement claiming that a dispute has arisen out of this Agreement (Dispute), must first give the other party notice of the details of the Dispute (Dispute Notice).
2. Upon receipt of a Dispute Notice, the parties agree to first attempt to resolve the Dispute via meeting, negotiation and exchange of correspondence.
3. If the Dispute is not resolved within 30 days of receipt of the Dispute Notice (or such longer period as may be agreed between the parties), the parties must refer the Dispute for mediation by the Victorian Civil and Administrative Tribunal, or such other Alternative Dispute Resolution procedure deemed appropriate in the circumstances and agreed between the parties. 
4. If, following mediation or such other agreed Alternative Dispute Resolution, the Dispute remains unresolved, a party may commence court proceedings in a Victorian court of appropriate jurisdiction.
5. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
6. Each party agrees to pay its own costs of complying with this clause.

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13. Privacy

1. The Provider will collect, hold, use and disclose Users Personal Information in accordance with the Privacy Act 1988 (Cth), the Provider’s Privacy Policy (a copy of which can be found on the Alyta Website). 
2. Users are advised to read the Provider’s Privacy Policy in full before subscribing to the Program. It is the Users' responsibility to ensure that User Associates are aware of the Provider’s Privacy Policy, and that they understand it and agree to accept it.
3. Users consent to receiving offers and promotional material from the Provider. Users may opt out from receiving such communications at any time by writing to the Provider.
4. Users may access any of their Personal Information held by the Provider by request in writing and providing valid identification acceptable to the Provider to evidence the Users identity. The Provider may in its sole discretion charge a fee not exceeding the prescribed amount for providing access to Personal Information.

14. Assignment

1. Neither the Program nor any of the User’s rights and obligations under this Agreement may be assigned/transferred to a third party unless, subject to provision of at least 30 days written notice to Alyta, to a successor in interest or change in control of the User. 
2. The Provider may at any time assign, transfer or novate all or any part of this Agreement (including its rights and obligations) to any other person without the consent of the User.
3. Subject to Clause 14.2, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
4. Unless the Provider agrees otherwise, the User must not:

1. copy, sell, assign or otherwise transfer their subscription to the Program;
2. make or purport to make any warranties or representations on behalf of the Provider in relation to the Program;
3. remove or modify any proprietary or copyright notices attached to or distributed with the Program; and
4. allow anyone else (except the Provider) to do any of the things referred to in this clause 14.3.

15. Notices
    1. Users agree that Alyta may provide any and all notices, statements and other communications through either e-mail or mail at the option of Alyta in their sole discretion to the address last designated on the User’s Alyta Account. Users are responsible for ensuring contact information is current.
    2. Electronic communication from the Provider shall satisfy any requirement for a written communication including for a written notice under this Agreement and shall be taken to be received on the next day after it was sent. 
16. Entire Agreement

This Agreement together with the documents referenced herein constitutes the entire agreement and understanding between the User and Provider in relation to the Alyta Management Program and supersede all previous and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of this Agreement.

17. Legal

1. This Agreement is governed by the laws of the state of Victoria and the parties hereby agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
2. If any part of this Agreement is at any time illegal, invalid, or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid, or unenforceable, but if that is not possible, it will be severed from the Agreement and the remainder of the Agreement will continue to have full force and effect.

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