Terms & Conditions

1. The service

Diligia is software for managing commercial property transactions and related client records. It provides agency-level CRM tools and a shared deal workspace (including parties, a data room, due diligence checklists, requests for information, and an activity record). It is not a law firm, conveyancer, real estate agency, financier, or settlement service, and it is not a substitute for professional advice.

Features may change as we develop the product. Early access and design-partner use may include incomplete or experimental functionality.

2. Eligibility and accounts

You must be at least 18 and able to enter a contract. If you use Diligia for an agency or other organisation, you confirm you have authority to bind that organisation, and “you” includes that organisation.

You are responsible for the accuracy of account information, for keeping login details secure, and for activity under your account. Notify us promptly if you believe access has been compromised. We may refuse, suspend, or close accounts where we reasonably consider these terms have been breached or the service is at risk.

3. Design partners and early access

If you join as a design partner or otherwise use Diligia during a trial or onboarding period, the service is provided so you can run real or sample transactions and give feedback. Unless we agree otherwise in writing, that access is free of charge, has no guaranteed term, and may be withdrawn. Preferred pricing or founding-partner recognition, if offered, will be confirmed separately.

4. Your content and deal data

You retain ownership of the information, files, and records you or your invitees upload into Diligia (“Customer Content”), including property details, contracts, due diligence materials, identity documents, and CRM notes.

You grant us a non-exclusive licence to host, copy, display, and process Customer Content only as needed to provide, secure, and improve the service, to send operational notices, and to meet legal obligations. We do not claim ownership of your deals or documents.

You are responsible for Customer Content. You confirm that you have the right to upload it, that doing so does not infringe anyone else’s rights, and that it does not contain malware or unlawful material. You must not upload information you are not allowed to share, including confidential material outside the people entitled to see it on that deal.

5. Multi-party workspaces

A transaction workspace is designed to be used by multiple parties (for example vendor, purchaser, agent, solicitors, accountants, and financiers). When you invite someone, or accept an invite, you understand that people on that deal may see information and files shared in the workspace according to their role.

The inviting organisation is responsible for inviting the right people, removing access when a party should no longer be on the deal, and making sure invitations comply with confidentiality obligations in the underlying transaction.

6. Acceptable use

You must not:

• Use Diligia for anything unlawful, or to collect, store, or share information in breach of privacy, confidentiality, or real estate regulation.
• Attempt to access another organisation’s data, probe the service, or circumvent security or role permissions.
• Reverse engineer, resell, or scrape the platform except as allowed by law.
• Upload or send spam, malicious code, or content that is defamatory, misleading, or infringing.
• Misrepresent your identity, role, or authority on a transaction.

7. Confidentiality

Deal files and CRM records are confidential to the parties entitled to see them. You must treat other users’ information as confidential and only use it for the transaction or relationship it relates to. This does not limit information that is public, already known to you independently, or that you are required to disclose by law.

8. Intellectual property

Diligia, including the software, design, trade marks, and documentation, remains our property or that of our licensors. You receive a limited, non-exclusive, non-transferable right to use the service for your internal business purposes while these terms apply. You may not copy or create derivative works of the platform itself.

Feedback you give us about the product may be used freely to improve Diligia, without obligation to you.

9. Fees

Current design-partner use is offered without charge. If we introduce paid plans, we will tell you the fees, billing period, and any changes before they apply to you. Unless required by Australian Consumer Law, fees are exclusive of GST where GST applies, and are non-refundable except as we agree in writing.

10. Third-party services

The platform may rely on third-party infrastructure (hosting, file storage, email delivery, authentication). Those services are provided by their own operators. We are not responsible for outages or acts of those providers beyond what we can reasonably control.

11. Disclaimers

Diligia is a workflow and record-keeping tool. It does not provide legal, financial, tax, valuation, or conveyancing advice. Checklists, phase labels, and workspace status do not determine whether a contract is on foot, a condition is satisfied, or settlement can occur. You remain responsible for the underlying transaction and for the professional advice you obtain.

We do not warrant that the service will be uninterrupted, error-free, or that it will meet a particular deal’s requirements. During early access, features may change or be withdrawn.

12. Australian Consumer Law

If you are a consumer or small business protected by the Australian Consumer Law, nothing in these terms excludes or limits any right, guarantee, or remedy that cannot be excluded. Where we are allowed to limit our liability for a failure to comply with a consumer guarantee, we limit it to resupplying the services or paying the cost of resupply.

13. Liability

To the extent permitted by law, we are not liable for loss of profits, revenue, data, goodwill, or any indirect or consequential loss, or for loss arising from your Customer Content, another party’s use of a workspace, or a delay or defect in a property transaction.

Subject to the Australian Consumer Law, our aggregate liability arising out of or in connection with the service is limited to the fees you paid us for the service in the 12 months before the claim, or AUD $100 if no fees were paid.

14. Indemnity

You indemnify us against claims, losses, and reasonable costs arising from your Customer Content, your use of the service (including invitations and access you grant), or your breach of these terms, except to the extent we caused the loss by our own negligence or wilful misconduct.

15. Suspension and termination

You may stop using Diligia at any time. We may suspend or end access if you breach these terms, if required by law, or if we discontinue the service. On termination, your licence ends. We may delete Customer Content after a reasonable period, unless we are required to retain it. You should export any records you need to keep before access ends.

16. Changes to these terms

We may update these terms by posting a new version on this page and revising the effective date. If a change is material and you have an account, we will take reasonable steps to notify you. Continued use after the change constitutes acceptance. If you do not agree, you must stop using the service.

17. General

These terms are governed by the laws of Victoria, Australia. The courts of Victoria have exclusive jurisdiction, subject to any rights you have under the Australian Consumer Law. If a provision is unenforceable, the rest remains in effect. These terms, together with our Privacy Policy, are the entire agreement for use of the website and platform, unless we sign something else with you. A failure to enforce a right is not a waiver.

18. Contact

Diligia Pty Ltd, Fitzroy, Victoria, Australia. Email: sean@diligia.com.au.