Terms of Use

1. Acceptance and parties

These Terms of Use and End User Licence Agreement (the "Terms") are a binding agreement between you ("you" or "your") and Aphelion Engineering Pty Ltd (ABN 19 697 870 812) ("Aphelion Engineering", "we", "us" or "our"), the provider of the mobile application "Torrens: Compare Homes" for iOS and iPadOS (the "App"), together with any updates, PDF and file exports, and related features.

By downloading, installing, accessing or using the App, you agree to be bound by these Terms. If you do not agree, do not download, install or use the App.

The App is licensed to you through Apple's App Store. These Terms are read together with Apple's standard Licensed Application End User Licence Agreement (the "Apple LEUA"). Where these Terms and the Apple LEUA both apply, they are intended to operate consistently; the Apple LEUA continues to apply as between you and Apple. Your use of the App is also subject to Apple's App Store Usage Rules.

You must be at least the age of majority in your State or Territory, and legally able to enter into a binding contract, to use the App.

2. Licence grant and restrictions

Subject to your compliance with these Terms and the Apple LEUA, we grant you a limited, personal, non-exclusive, non-transferable and revocable (in accordance with section 11) licence to download and use one copy of the App on Apple-branded devices that you own or control, for your own personal use, including for your own property purchase or investment analysis, in accordance with Apple's Usage Rules. Where the "Torrens Unlock" purchase is enabled for Family Sharing, use may extend to members of your Apple Family Sharing group in accordance with Apple's rules.

You must not, and must not permit anyone else to:

• copy, modify, adapt, translate or create derivative works of the App, except as permitted by law;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, redistribute, publish or otherwise make the App available to any third party;
• remove, obscure or alter any proprietary notices in the App; or
• use the App in any way that breaches these Terms, the Apple LEUA, Apple's Usage Rules, or any applicable law.

All rights not expressly granted to you are reserved by us and our licensors.

3. General information only — not financial, tax or legal advice

This section is important. Please read it in full.

The App is a deal-analysis tool for Australian property buyers. It performs arithmetic against figures, assumptions and thresholds that you enter yourself — including transfer (stamp) duty, acquisition and holding costs, after-tax cashflow, and a stress test that you define. It covers all eight Australian State and Territory jurisdictions and can model first-home concessions and grants (such as the First Home Guarantee), foreign-purchaser (FIRB) surcharges, and lenders mortgage insurance (LMI) as a labelled band estimate.

In using the App you acknowledge and agree that:

• It is not advice. The App does not provide financial, tax, legal, credit or investment advice, and nothing in the App is a recommendation or opinion about any product, transaction or course of action.
• It does not value property. The App never estimates what a property is worth. It contains no valuation or automated valuation model (AVM).
• It does not tell you whether to buy. Any "PASS", "FAIL" or similar verdict is purely relative to thresholds that you set yourself. It is not a judgement about whether a deal is good or bad, and the App makes no recommendation about ownership structures (for example, trusts or companies).
• Figures are estimates only. Outputs are estimates and can differ from official State Revenue Office calculators and from actual assessments. Rates, rules, concessions, surcharges and eligibility criteria change over time and may be applied differently in your circumstances.
• You must verify independently. You are responsible for checking all figures against official sources and for obtaining advice from appropriately licensed or registered professionals — for example, a conveyancer or solicitor, a licensed financial adviser, a registered tax agent, or a mortgage broker — before making any decision.
• No affiliation. Aphelion Engineering and the App are not affiliated with, endorsed by, or connected to any government, any State Revenue Office, Housing Australia, the Australian Taxation Office, or any lender or insurer.
• Your decisions are your own. You are solely responsible for your property and financial decisions and for any inputs, assumptions and thresholds you enter.

4. Purchases and payments

The App is free to download and free to use for current-year calculations.

The App offers a single one-off, non-consumable in-app purchase, "Torrens Unlock" (A$49.99 in Australian dollars; the price may vary by storefront and may change over time). Purchasing Torrens Unlock unlocks unlimited campaigns and candidates and broker-ready PDF export.

• It is not a subscription. There is nothing to auto-renew and no recurring charge.
• Family Sharing is enabled for the unlock.
• Apple processes payment. All purchases are made through the App Store and are processed by Apple via StoreKit under Apple's applicable terms. We never receive or handle your payment-card details — Apple handles payment.
• Restore Purchases. You can restore a previous purchase using the "Restore Purchases" function in the App.
• Refunds. Refunds for App Store purchases are requested through Apple, in accordance with Apple's processes. Separately from Apple's refund process, you may have rights and remedies under the Australian Consumer Law that you can pursue directly with Aphelion Engineering as the supplier; the Apple refund route does not replace or limit those rights (see sections 8 and 9).

5. Your content and data

You retain ownership of the data you create in the App — including campaign names, budget caps, buyer-profile information, candidate properties, assumptions and stress thresholds. This can include sensitive self-entered financial information.

You are responsible for:

• the accuracy, completeness and lawfulness of the inputs, assumptions and thresholds you enter; and
• any file you export or share. When you export a .torrens campaign file or a PDF report, you choose the recipient and destination. That file may contain financial or property information, and once it leaves the App its destination controls it — you must manage or delete it there separately.

Our handling of data is described in our Privacy Policy, which forms part of your agreement with us. In summary, Aphelion Engineering does not collect your campaign, property, buyer-profile, assumption or calculation data; there are no Aphelion servers and nothing is sent to Aphelion. Your data is stored on your device and, if you enable iCloud sync on a signed build, in your own private iCloud (Apple's CloudKit private database) so that it syncs between your own devices; Aphelion cannot access it. The only network activity the App performs is with Apple (StoreKit for the in-app purchase and CloudKit for your private sync, including silent notifications that carry sync changes), and Apple may process related account, purchase, device and service information under Apple's own terms and privacy policy.

6. Intellectual property

The App and all of its components — including the calculation engine, source code, design, user interface, text, graphics, the "Torrens" and Aphelion Engineering names and branding, and all related materials (the "Content") — are owned by Aphelion Engineering or its licensors and are protected by intellectual property laws.

The "Torrens" name and logo are used by us as marks identifying the App and its origin. Nothing in these Terms grants you any right, title or interest in the Content or in our names, marks or branding, other than the limited licence to use the App set out in section 2. You must not use our names, marks or branding without our prior written consent.

7. Acceptable use

You agree to use the App lawfully and only for its intended purpose. In particular, you must not:

• use the App in breach of any applicable law or regulation, or to infringe the rights of others;
• interfere with, disrupt, or attempt to gain unauthorised access to the App, any device, or any Apple service;
• introduce malware or otherwise compromise the security or integrity of the App;
• rely on the App as a substitute for professional advice or official verification (see section 3); or
• use the App in a manner that could damage, disable or impair its operation or that of any related systems.

8. Disclaimers of warranty

This section is subject to the Australian Consumer Law guarantees described below and must be read together with sections 9 and 10.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law, to the extent that it cannot lawfully be excluded, restricted or modified.

Subject to those non-excludable guarantees, and to the maximum extent permitted by law, the App is provided "as is" and "as available", and we make no representations or warranties of any kind, express or implied, including as to merchantability, fitness for a particular purpose, accuracy, completeness, reliability, availability, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that its outputs will match official State Revenue Office calculators or actual assessments (see section 3). The disclaimers in this section apply only to the extent they do not exclude, restrict or modify the non-excludable guarantees referred to above.

9. Limitation of liability

To the maximum extent permitted by law, and subject to the non-excludable consumer guarantees referred to in section 8:

• we are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, savings, opportunity, or data, arising out of or in connection with your use of, or inability to use, the App or its outputs; and
• our total aggregate liability arising out of or in connection with the App and these Terms is limited to the total amount you paid for the App and any in-app purchase (such as Torrens Unlock) in the 12 months before the event giving rise to the claim.

Where the Australian Consumer Law applies and permits us to limit our liability for a failure to comply with a consumer guarantee (other than a guarantee that the law does not allow to be limited), our liability is limited, at our option, to:

• in the case of services — resupplying the services, or paying the cost of having the services resupplied; and
• in the case of goods — replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including under the Australian Consumer Law. You remain solely responsible for your property and financial decisions.

10. Apple

You acknowledge and agree that:

• These Terms are between you and Aphelion Engineering only, and not with Apple. Apple is not responsible for the App or its content.
• Aphelion Engineering, and not Apple, is solely responsible for providing any maintenance and support for the App. If you need support, contact us at the email address in section 12. Apple has no obligation to provide any maintenance or support services for the App.
• To the extent required by the Apple LEUA, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and, to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Aphelion Engineering, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation, subject to these Terms and applicable law.
• Aphelion Engineering, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App or your use of it infringes that third party's intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting", and that you are not on any U.S. Government restricted-parties list, to the extent required by the Apple LEUA.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

11. Changes, termination, severability, entire agreement and governing law

Changes to these Terms. We may update these Terms from time to time, for example to reflect changes to the App or to legal or regulatory requirements. Where a change is material, we will give you reasonable advance notice by a reasonable means (for example, an in-App notice or an updated effective date published at aphelionengineering.com.au/torrens/terms). Changes apply prospectively only and do not affect your rights in respect of anything done before the change takes effect. If you do not agree with a change, you may stop using the App and uninstall it. The current version of these Terms will always be available at this page with its effective date.

Termination. These Terms apply until terminated. Your licence terminates automatically if you fail to comply with them. You may terminate at any time by ceasing to use and deleting the App. Sections that by their nature should survive termination — including sections 3, 5, 6, 8, 9, 10 and 11 — will survive.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down to the minimum extent necessary, or severed, and the remaining provisions will continue in full force.

Entire agreement. These Terms, together with the Apple LEUA and our Privacy Policy, form the entire agreement between you and us regarding the App and supersede any prior understandings on that subject.

Governing law. These Terms are governed by the laws of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State or Territory and the courts competent to hear appeals from them. Nothing in this section limits any rights you have under the Australian Consumer Law or requires you to bring proceedings in a forum that the law does not permit.

12. Contact

If you have questions about these Terms, or need support for the App, contact us:

Aphelion Engineering Pty Ltd (ABN 19 697 870 812)
Email: bijan@aphelionengineering.com.au
Address: WA 6151, Australia