Terms Overview
These Terms and Conditions apply to your use of the Delegate My Work platform, website, portals, software, automations, electronic signing tools, integrations, AI-assisted features, workflow tools, forms, documents, notifications and related services.
In these Terms, we, us, our and Delegate means Delegate My Work Pty Ltd ABN 28 675 140 146, of PO Box 24, Mt Ommaney, QLD 4074, trading as Delegate My Work.
By accessing or using the Platform, creating an account, signing a service agreement, accepting a proposal, paying an invoice, inviting users, uploading data or continuing to use the Platform, you agree to be bound by these Terms.
These Terms should be read together with any signed proposal, order form, service agreement, subscription agreement, onboarding agreement, privacy policy or other written agreement between you and Delegate.
1. Definitions
Account means an account created to access the Platform.
Agreement means these Terms and any proposal, service agreement, order form, subscription agreement, onboarding agreement, privacy policy or other document incorporated by reference.
AI Features means any artificial intelligence, automation, workflow recommendation, text generation, summarisation, classification, prediction, calculation, drafting, extraction or decision-support feature made available through the Platform.
Authorised User means any employee, contractor, director, officer, virtual assistant, consultant, property manager, sales agent, owner, tenant, supplier, trade, referral partner or other person invited or permitted to access the Platform.
Customer, you or your means the agency, business, company, entity or person using or subscribing to the Platform.
Customer Data means all data, records, files, documents, images, messages, comments, property information, tenancy information, owner information, tenant information, supplier information, trade information, sales information, referral partner information, user information, financial information, personal information and other content uploaded, entered, synced, imported, generated, processed or stored in the Platform by you or on your behalf.
Fees means all subscription fees, onboarding fees, setup fees, training fees, integration fees, support fees, electronic signing fees, AI usage fees, per-property fees, per-user fees, module fees, sales workflow fees, property management workflow fees, usage fees and any other charges payable to Delegate.
Platform means the Delegate My Work software platform, portals, website, workflows, dashboards, automations, electronic signing tools, AI-assisted tools, integrations, templates, reports, forms, task systems, notification tools and related online services.
Services means the services provided by Delegate through or in connection with the Platform.
Third Party Provider means any external service, software, API, hosting provider, payment processor, AI provider, email provider, SMS provider, document provider, integration provider or other third-party system used in connection with the Platform, including Stripe, OpenAI, Google and other providers used from time to time.
2. Nature of the Platform
2.1 Delegate My Work is a workflow, automation, task management, operational oversight and communication platform for Australian real estate agencies and property-related businesses.
2.2 The Platform may support property management, sales, client onboarding, leasing, inspections, renewals, arrears, vacates, maintenance, owner communication, tenant communication, supplier communication, referral partner workflows, electronic signing, document management, AI-assisted drafting, reporting and other operational workflows.
2.3 Delegate is a software provider only. We are not acting as your:
- real estate agent;
- property manager;
- sales agent;
- letting agent;
- legal adviser;
- accountant;
- auditor;
- trust account manager;
- compliance officer;
- financial adviser;
- insurance adviser; or
- substitute for professional advice.
2.4 You remain solely responsible for your business operations, agency compliance, legal obligations, licence obligations, client instructions, owner instructions, tenant communications, sales processes, trust accounting, supplier engagement, inspections, maintenance decisions, arrears, notices, lease renewals, rent increases, advertising, electronic signing decisions and all other real estate activities.
2.5 The Platform is designed to assist your business. It does not guarantee compliance with any law, regulation, form requirement, agency agreement, tenancy requirement, sales requirement, trust accounting requirement or professional obligation.
3. Eligibility and Authority
3.1 You must be at least 18 years old and legally capable of entering into a binding contract.
3.2 If you use the Platform on behalf of a company, agency or business, you warrant that you have authority to bind that entity.
3.3 You warrant that you hold all licences, registrations, authorities, permissions, appointments and consents required to operate your business and use the Platform.
3.4 You must only use the Platform for lawful Australian business purposes.
3.5 Delegate is currently intended for use in Australia only. You must not use the Platform in another country unless we have agreed in writing.
4. Accounts and Users
4.1 You are responsible for all activity under your Account and under the accounts of your Authorised Users.
4.2 You must ensure all Authorised Users comply with these Terms.
4.3 You must keep login details secure and confidential.
4.4 You must immediately remove access for any person who leaves your business, changes role, no longer requires access or should no longer access Customer Data.
4.5 You must notify us immediately of any actual or suspected unauthorised access, security breach, compromised account, data breach or misuse of the Platform.
4.6 We may suspend, restrict or remove access to the Platform where we reasonably consider it necessary to protect the Platform, Customer Data, other customers, third parties, security, privacy or our business.
5. Customer Portals and External Users
5.1 The Platform may include separate portals or access areas for owners, tenants, suppliers, trades, referral partners and other external users.
5.2 You are responsible for deciding who is invited to access the Platform and what information they may access.
5.3 You must not invite any person to access information unless they are authorised to receive that information.
5.4 Owners, tenants, suppliers, trades and referral partners are not employees, agents, contractors or representatives of Delegate.
5.5 Any agreement, instruction, work order, quote, service arrangement, payment arrangement, referral arrangement or dispute between you and an external user is between you and that external user.
5.6 Delegate is not responsible for the conduct, performance, payment, work quality, advice, actions or omissions of owners, tenants, suppliers, trades, referral partners or other external users.
6. Acceptable Use
6.1 You must not use the Platform to:
- breach any law;
- mislead, deceive, harass, threaten or defame any person;
- upload unlawful, offensive, discriminatory or harmful content;
- infringe intellectual property rights;
- send spam or unlawful marketing communications;
- interfere with the Platform's operation or security;
- introduce viruses, malware or harmful code;
- attempt unauthorised access to any system, account or data;
- reverse engineer, copy, scrape or reproduce the Platform;
- build or support a competing product;
- overload the Platform through excessive usage, bots or automated requests; or
- use the Platform in a way that may damage Delegate's reputation or goodwill.
6.2 We may remove content or restrict access if we reasonably believe these Terms have been breached.
7. Customer Data
7.1 You retain ownership of Customer Data.
7.2 You grant Delegate a non-exclusive, worldwide, royalty-free licence to access, host, store, process, transmit, copy, back up, analyse, display and use Customer Data to the extent required to provide, maintain, secure, improve and support the Platform.
7.3 You warrant that:
- you have the right to provide Customer Data to Delegate;
- you have obtained all required consents;
- Customer Data is lawful;
- Customer Data does not infringe any third-party rights;
- Customer Data is accurate to the extent required for your use of the Platform; and
- your use of Customer Data complies with all applicable privacy, tenancy, property, employment, spam, consumer and confidentiality laws.
7.4 Delegate does not verify Customer Data for accuracy, legality, completeness or suitability.
7.5 You are responsible for checking all imported, synced, generated, calculated or displayed information before relying on it.
7.6 You should maintain your own records and backups of critical business, property, tenancy, trust account, sales and compliance information.
8. Privacy
8.1 We will handle personal information in accordance with our separate Privacy Policy.
8.2 Customer Data may include personal information about owners, tenants, residents, applicants, suppliers, trades, referral partners, staff, contractors and clients.
8.3 You must ensure you are legally permitted to provide that personal information to Delegate.
8.4 We may disclose personal information to Third Party Providers where reasonably required to provide the Platform.
8.5 Our servers are currently located in Sydney, Australia.
8.6 Some Third Party Providers, including AI, email, SMS, analytics, payment and infrastructure providers, may process information outside Australia.
8.7 You must not use personal information obtained through the Platform for unrelated marketing, remarketing, solicitation or profiling unless you have lawful authority.
9. Security
9.1 Delegate will take reasonable steps to protect the Platform and Customer Data.
9.2 You acknowledge that no software, server, hosting environment, integration, AI tool, payment processor or internet transmission can be guaranteed to be completely secure, uninterrupted or error-free.
9.3 You are responsible for your own internal security, including staff permissions, device security, password security, email security, multi-factor authentication, access reviews and user offboarding.
9.4 Delegate is not responsible for unauthorised access caused by your staff, contractors, devices, email systems, passwords, poor access controls or failure to remove users.
10. Third Party Providers and Integrations
10.1 The Platform may connect with or rely on Third Party Providers, including Stripe, OpenAI, Google and other providers used from time to time.
10.2 You authorise Delegate to access, process, transmit and exchange data with Third Party Providers as required to provide the Platform.
10.3 Delegate is not responsible for:
- Third Party Provider outages;
- API changes;
- pricing changes;
- integration failures;
- data mapping errors;
- delays;
- service degradation;
- security incidents caused by Third Party Providers; or
- the acts or omissions of Third Party Providers.
10.4 We may add, remove, replace or change Third Party Providers at our discretion.
10.5 Data displayed in the Platform may not always be live or current. You must check the original source system before taking critical action.
11. AI Features
11.1 The Platform may include AI Features using OpenAI, Google and other AI providers.
11.2 AI Features are provided as assistance tools only.
11.3 AI outputs may be inaccurate, incomplete, outdated, unsuitable, biased or inappropriate for your circumstances.
11.4 You must review and approve all AI outputs before using, sending, relying on or publishing them.
11.5 AI Features do not provide legal, financial, accounting, property, tenancy, sales, trust accounting, compliance, HR, insurance or professional advice.
11.6 You must not rely on AI Features as the sole basis for decisions affecting owners, tenants, applicants, suppliers, trades, staff, clients or referral partners.
11.7 Delegate is not liable for any loss arising from your use of, reliance on or failure to review AI-generated outputs, to the maximum extent permitted by law.
11.8 Unless expressly agreed in writing, Delegate will not use identifiable Customer Data to train a public AI model.
12. Electronic Signing
12.1 The Platform may include electronic signing features.
12.2 You are responsible for ensuring that:
- the correct person signs;
- the signer has authority;
- the document is suitable for electronic signing;
- the signing method is suitable for the transaction;
- all required witnesses, approvals, consents and identity checks are obtained; and
- signed documents are reviewed and stored appropriately.
12.3 Delegate does not guarantee that electronic signing is suitable for every document, transaction, jurisdiction or legal requirement.
12.4 You must obtain legal advice where you are unsure whether a document may be electronically signed.
13. Communications and Notifications
13.1 The Platform may generate or send emails, SMS messages, notifications, owner updates, tenant updates, supplier messages, referral partner updates and internal reminders.
13.2 You are responsible for the content, timing, recipients and legality of all communications sent through or generated by the Platform.
13.3 You must ensure that any marketing or promotional communications comply with applicable spam and privacy laws.
13.4 Delegate is not responsible for loss caused by delayed, failed, incorrect, blocked or misdirected communications.
14. Fees and Pricing
14.1 You must pay the Fees set out in your proposal, service agreement, order form, subscription confirmation, invoice or pricing schedule.
14.2 Delegate may offer different pricing depending on the services, modules, property management workflows, sales workflows, portals, integrations, user numbers, property numbers, office numbers, electronic signing usage, AI usage, onboarding requirements and support requirements.
14.3 Unless stated otherwise, all Fees are exclusive of GST.
14.4 You authorise Delegate or its payment processor to charge your nominated payment method for Fees when due.
14.5 Delegate uses Stripe for payment processing.
14.6 You must ensure payment details are accurate and kept up to date.
14.7 If payment fails or Fees are overdue, we may suspend or restrict access until payment is made.
14.8 Delegate may update pricing, plans, inclusions, modules and Fees from time to time.
14.9 Unless your service agreement states otherwise, pricing changes will apply:
- at the start of a renewed service term;
- when you add users, properties, offices, modules, portals, integrations, AI usage, electronic signing usage or additional services;
- where your agreed pricing is usage-based;
- where a Third Party Provider changes pricing and that change affects the Services; or
- after reasonable written notice where permitted by law.
14.10 You are not entitled to set off, withhold or deduct Fees unless required by law.
14.11 You must pay all reasonable costs incurred by Delegate in recovering overdue amounts, including debt collection costs and legal costs, to the extent permitted by law.
15. GST
15.1 Words used in this clause have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
15.2 Unless stated otherwise, Fees are exclusive of GST.
15.3 If GST is payable, you must pay the GST amount in addition to the Fees.
15.4 Delegate will issue a tax invoice where required.
16. Service Term, Renewal and Cancellation
16.1 Unless otherwise agreed in writing, each service agreement is for an initial term of 12 months.
16.2 At the end of each 12-month service term, the Agreement automatically renews for a further 12-month term unless either party gives written notice of cancellation before the renewal date.
16.3 Notice of cancellation must be given at least 90 days before the end of the then-current service term, unless a different notice period is stated in your service agreement.
16.4 If you cancel, terminate or stop using the Services during a 12-month service term, you remain responsible for paying all Fees payable for the remainder of that service term.
16.5 The remaining Fees become immediately due and payable on cancellation or termination, unless otherwise agreed in writing or required by law.
16.6 You acknowledge that Delegate prices, staffs, configures and supports the Services on the basis of a committed 12-month service term.
16.7 No refund is payable for unused time, unused features, unused modules, unused users, unused properties, unused electronic signing allocation, unused AI allocation or early cancellation, except where required by law.
17. Suspension and Termination by Delegate
17.1 Delegate may suspend or restrict your access immediately if:
- Fees are overdue;
- you breach these Terms;
- you misuse the Platform;
- you create a security, legal, privacy, operational or reputational risk;
- you use the Platform unlawfully;
- you become insolvent or cease trading;
- a Third Party Provider issue prevents service delivery; or
- suspension is required to protect Delegate, the Platform, Customer Data, other customers or third parties.
17.2 Delegate may terminate the Agreement if you materially breach these Terms and do not remedy the breach within 14 days after written notice.
17.3 Suspension or termination does not affect your obligation to pay Fees.
18. Data Retention After Cancellation
18.1 After cancellation, expiry or termination, Delegate will retain Customer Data for 30 days.
18.2 During that period, you may request a reasonable export of Customer Data.
18.3 After 30 days, Delegate may permanently delete, archive or de-identify Customer Data, subject to legal, backup, security, audit, dispute or compliance requirements.
18.4 Delegate is not required to retain Customer Data indefinitely.
19. Intellectual Property
19.1 Delegate owns all rights, title and interest in the Platform, Services, software, workflows, templates, automations, forms, dashboards, interfaces, designs, processes, documentation, AI configurations, business methods, branding and intellectual property.
19.2 You must not copy, reproduce, modify, adapt, sell, licence, distribute, publish, disclose, reverse engineer or create derivative works from the Platform.
19.3 You may use the Platform only for your internal business purposes during the service term.
19.4 You retain ownership of Customer Data.
19.5 If you provide feedback, ideas, suggestions or feature requests, you grant Delegate a perpetual, irrevocable, royalty-free licence to use that feedback without compensation.
20. Confidentiality
20.1 Each party must keep the other party's confidential information confidential.
20.2 Confidential information includes business information, pricing, workflows, client information, Customer Data, product information, technical information, security information and commercial terms.
20.3 Confidential information may be disclosed to employees, contractors, advisers and Third Party Providers who need to know it for the purposes of the Agreement.
20.4 Confidentiality obligations survive termination.
21. Australian Consumer Law
21.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
21.2 To the maximum extent permitted by law, where Delegate is permitted to limit liability for breach of a consumer guarantee, Delegate's liability is limited to resupplying the Services or paying the cost of having the Services supplied again.
22. Liability
22.1 To the maximum extent permitted by law, Delegate excludes all liability for:
- indirect loss;
- consequential loss;
- special loss;
- loss of profit;
- loss of revenue;
- loss of goodwill;
- loss of opportunity;
- business interruption;
- loss or corruption of data;
- compliance failures;
- legal consequences;
- trust accounting issues;
- tenancy disputes;
- sales disputes;
- owner disputes;
- tenant disputes;
- supplier disputes;
- referral partner disputes;
- AI-generated errors;
- automation errors;
- electronic signing suitability issues;
- third-party system failures;
- communications failures;
- incorrect Customer Data;
- unauthorised user access caused by you; or
- decisions made by you based on the Platform.
22.2 Delegate does not warrant that the Platform will be uninterrupted, error-free, virus-free, secure, current, legally compliant for your specific circumstances or suitable for your particular business requirements.
22.3 To the maximum extent permitted by law, Delegate's total aggregate liability arising out of or in connection with the Agreement is limited to the Fees paid by you to Delegate in the 3 months immediately before the event giving rise to the claim.
22.4 Delegate's liability is reduced to the extent that you, your Authorised Users, your Customer Data, your systems, your instructions, your Third Party Providers or your failure to take reasonable steps caused or contributed to the loss.
22.5 You acknowledge that the Fees are calculated on the basis that the limitations and exclusions in these Terms apply.
23. Indemnity
23.1 You indemnify Delegate and its directors, officers, employees, contractors and agents against all loss, damage, claim, cost, expense or liability arising from or connected with:
- your breach of these Terms;
- your misuse of the Platform;
- Customer Data;
- your breach of law;
- your breach of privacy, spam, tenancy, property, employment, consumer or confidentiality obligations;
- claims by owners, tenants, residents, applicants, suppliers, trades, referral partners, employees, contractors, clients or regulators;
- communications sent through or generated by the Platform;
- documents signed through the Platform;
- AI outputs used by you;
- workflows, automations or templates used by you;
- instructions you provide to Delegate; or
- your failure to review Platform outputs.
23.2 This indemnity does not apply to the extent the loss is caused by Delegate's fraud, wilful misconduct or breach of law.
24. Disputes
24.1 If a dispute arises, either party may give written notice to the other party.
24.2 The parties must first attempt to resolve the dispute in good faith.
24.3 If the dispute is not resolved within 10 business days, either party may refer the dispute to mediation in Brisbane, Queensland.
24.4 If the parties cannot agree on a mediator, either party may request that the President of the Queensland Law Society appoint a mediator.
24.5 Each party must bear its own mediation costs and share the mediator's fees equally.
24.6 A party must not commence court proceedings unless it has complied with this dispute process, except where urgent injunctive or interlocutory relief is required.
25. Changes to the Platform
25.1 Delegate may update, modify, improve, replace, remove or discontinue Platform features from time to time.
25.2 We may make changes without notice where required for security, legal, technical, operational or Third Party Provider reasons.
25.3 Beta, trial, experimental or early-release features may be changed, withdrawn or disabled at any time.
26. Changes to These Terms
26.1 Delegate may update these Terms from time to time.
26.2 We will notify you of material changes by email, Platform notice or other reasonable method.
26.3 Continued use of the Platform after updated Terms take effect constitutes acceptance of the updated Terms.
26.4 If a change materially and adversely affects your rights during a fixed service term, the change will apply from the next renewal date unless required earlier by law, security, Third Party Provider change or operational necessity.
27. Force Majeure
27.1 Delegate is not liable for delay or failure caused by events beyond its reasonable control, including cyberattack, internet failure, hosting outage, power failure, natural disaster, fire, flood, pandemic, war, terrorism, industrial action, government action, regulatory change, Third Party Provider failure or supply chain disruption.
28. Assignment
28.1 You must not assign or transfer the Agreement without Delegate's written consent.
28.2 Delegate may assign, transfer or novate the Agreement to a related entity, purchaser, successor, investor, acquirer or as part of a restructure, merger, acquisition or sale of assets.
29. Notices
29.1 Notices to Delegate must be sent to:
Delegate My Work Pty Ltd
PO Box 24
Mt Ommaney QLD 4074
Email: support@delegatemywork.com.au
29.2 Notices to you may be sent to the email address connected to your Account or nominated billing contact.
29.3 You are responsible for keeping your contact details up to date.
30. Governing Law
30.1 These Terms are governed by the laws of Queensland, Australia.
30.2 Each party submits to the exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.
31. General
31.1 These Terms and the relevant service agreement form the entire agreement between the parties.
31.2 If any provision is invalid or unenforceable, it will be severed and the remaining provisions will continue.
31.3 A failure to exercise a right is not a waiver.
31.4 Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship or agency relationship.
31.5 Clauses relating to Fees, Customer Data, privacy, confidentiality, intellectual property, liability, indemnity, disputes, governing law and accrued rights survive termination.
Contact
Delegate My Work Pty Ltd
ABN 28 675 140 146
PO Box 24
Mt Ommaney QLD 4074