Terms of Use

1. Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “User,” “Member,” “Agent,” or “Studio”) and Carden Group Pty Ltd (“we,” “us,” “our,” or “Novaly”) governing your access to and use of novaly.au, mobile applications, marketplace services, Novaly Plus, Novaly Connect, Novaly Get Matched, Novaly OS, and all associated software products (collectively, the “Platform”).

By browsing, registering an account, purchasing a subscription, or uploading content to the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree to every provision of these Terms, you must not use or access the Platform.

2. The Novaly Marketplace & Venue Disclaimer

Novaly operates purely as an online advertising, media proofing, and networking tool.

• Dual Archives (Property & Builds):The Platform hosts listings for established real estate (“Properties”) as well as architectural concepts, tiny homes, modular builds, and structural showcases (“Builds”).
• No Verification or Endorsement: We do not inspect properties, verify council zoning, confirm building permits, assess structural integrity, validate builder licenses, or verify title ownership. Listings are uploaded by independent third parties.
• User Due Diligence & Assumption of Risk: Any reliance on listing descriptions, photos, floorplans, prices, or representations is entirely at your own risk. You are solely responsible for conducting independent building inspections, title searches, financial due diligence, and legal reviews before signing contracts or transferring funds.
• Not a Party to Transactions: Carden Group Pty Ltd is not a party to any contract, agreement, dispute, sale, lease, or transaction between buyers, sellers, landlords, guests, agents, or builders.
• Owner advertisements: A person may advertise property they own. Novaly publishes the advertisement only. The owner is responsible for the price, the description, and the sale. Novaly does not negotiate, hold a deposit, or act as the agent.

5. User Accounts, Team Seats & Agency Liability

To create listings, manage leads, or post in community hubs, you must register for an account.

• Eligibility & Accuracy: You must be at least 18 years old and provide accurate, current, and complete details during registration.
• Master Account Liability:If you operate an agency, studio, or enterprise account (e.g. “Plus Agency,” “Plus Studio,” or Novaly OS multi-seat workspace), the primary account holder and legal organization are fully and strictly liable for all actions, communications, listings, proofing approvals, and breaches committed by any team member or seat invited under that master account.
• Account Security: You are solely responsible for safeguarding your login credentials. We reserve the absolute right to suspend, disable, or terminate any account that violates these Terms.

6. Novaly Plus, Novaly OS & Lifetime Deals (LTD)

Novaly offers paid subscriptions (Basic, Standard, Pro, Agency) and promotional Lifetime Deals (LTDs) for industry professionals.

• Recurring Billing: Monthly and annual subscriptions are billed in advance via Stripe. Subscriptions renew automatically unless cancelled prior to the renewal date.
• Cancellations & No Pro-Rata Refunds: You may cancel your subscription at any time via your account portal. Cancellation takes effect at the end of the paid billing cycle. We do not provide pro-rata refunds for partial monthly billing periods.
• Lifetime Deals (LTD) Definition:“Lifetime” refers strictly to the operational life of the specific Novaly software platform, not the lifetime of the purchaser. If Novaly undergoes substantial architectural reconstitution, is acquired, or ceases operations, LTD terms will conclude in compliance with Australian Consumer Law. LTDs are non-transferable.
• Platform Availability: While we endeavor to maintain high uptime, we do not warrant uninterrupted access. Carden Group Pty Ltd is not liable for lost leads, delayed proofing approvals, or business interruption resulting from maintenance or third-party cloud outages.

7. Community Standards, Anti-Spam & Acceptable Use

By engaging in the Novaly Community, directory, or messaging spaces, you agree not to:

• Send unsolicited bulk promotional messages, direct marketing spam, or scrape user contact data.
• Submit false, fraudulent, defamatory, discriminatory, or misleading property or pricing information.
• Post 3D architectural renders or concept images without clearly disclosing that the build is not a finished, physical structure.
• Submit fictitious buyer leads, spam inspection bookings, or intentionally disrupt professional schedules.
• Reverse engineer, decompile, scrape, or extract platform code, APIs, or database records without express written consent.

8. User Content & Perpetual Intellectual Property License

You retain copyright ownership in the photography, floorplans, descriptions, and materials you upload (“Your Content”).

Grant of License: By publishing or uploading Your Content to Novaly, you grant Carden Group Pty Ltd an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, adapt, crop, publish, index, translate, and distribute Your Content across the Platform, marketing materials, news articles, search engine feeds, and social media channels.

Warranty of Ownership: You warrant that you hold all necessary licenses, client authorities, property owner consents, and copyright permissions to publish all uploaded images, floorplans, and text, and that Your Content does not infringe the intellectual property rights of any third party.

9. Lead Handling, Privacy Act & Spam Act Compliance

When a buyer or client submits an inquiry or check-in on your listing, their personal information is routed to your account.

As a Seller or Agent receiving lead information, you agree to handle this data in strict compliance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth). You are strictly prohibited from selling, leasing, or transferring leads generated through Novaly to unaffiliated third parties or external data brokers.

10. Utility Connections (Connect) & Trade Matching (Get Matched)

Novaly Connect and Get Matched act solely as referral facilitators. Connections arranged through Novaly Connect are executed directly by licensed utility retailers or partners (e.g. MyConnect). Trade quotes received through Get Matched are provided by independent licensed builders and tradespeople.

Carden Group Pty Ltd does not supply electricity, gas, water, or internet, nor do we perform construction work. We bear zero liability for utility connection delays, trade service quality, property damage, billing disputes, or contractor disputes.

13. Governing Law & Exclusive Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia to resolve any dispute, controversy, or claim arising from these Terms or the Platform.

14. Contact & Legal Notices