Last Updated: April 3, 2025
These Terms and Conditions ("Terms") govern your access to and use of FracEstate's website, services, and platform (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing or using the FracEstate platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and FracEstate Pty Ltd (ABN: 579-440-41803).
2. Description of Services
FracEstate provides a platform that facilitates the tokenization of real estate assets, allowing fractional ownership of properties through blockchain technology. Our Services may include, but are not limited to:
- A marketplace for tokenized real estate assets
- Tools for property tokenization
- Educational resources about real estate tokenization
- Portfolio management for tokenized assets
3. User Eligibility and Registration
To use certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.
FracEstate reserves the right to refuse service, terminate accounts, or remove content at our discretion.
4. User Obligations
You agree not to:
- Use our Services for any illegal purpose
- Violate any laws in your jurisdiction
- Infringe upon the rights of others
- Interfere with or disrupt our Services
- Attempt to gain unauthorized access to our Services
- Impersonate another person or entity
- Provide false or misleading information
5. Intellectual Property Rights
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by FracEstate, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without the prior written consent of FracEstate.
6. Investment Risks and Disclaimers
Investing in tokenized real estate involves significant risks, including but not limited to market risks, liquidity risks, regulatory risks, and technological risks. The value of tokenized real estate can fluctuate and may result in loss of principal.
FracEstate does not provide investment advice, and nothing on our platform should be construed as investment advice. All investments are made at your own risk.
Before making any investment decisions, you should conduct your own research and consult with financial, legal, and tax professionals.
7. Limitation of Liability
To the maximum extent permitted by law, FracEstate and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of our Services.
FracEstate's total liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the amount paid by you, if any, to FracEstate during the six (6) month period preceding the event giving rise to the liability.
8. Indemnification
You agree to indemnify, defend, and hold harmless FracEstate and its officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your violation of these Terms or your use of our Services.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts in Australia.
10. Modifications to Terms
FracEstate reserves the right to modify these Terms at any time. We will provide notice of such changes by updating the "Last Updated" date at the top of these Terms. Your continued use of our Services after any changes to these Terms constitutes your acceptance of such changes.
11. Termination
FracEstate reserves the right to terminate or suspend your access to our Services, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use our Services will immediately cease.
12. Contact Information
If you have any questions about these Terms, please contact us at info@fracestate.com or through our Contact page.
This document is for informational purposes only and does not constitute legal advice. Users are encouraged to seek independent legal advice regarding their specific circumstances.