Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and Rising Returns ("we", "us", "our"), the operator of the Presm platform. By creating an account, accessing, or using Presm (the "Service"), you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein.

If you are using Presm on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

These Terms are entered into electronically and are valid and enforceable in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW).

Presm is a property investment intelligence platform that provides tools for portfolio tracking, property analysis, suburb intelligence, deal management, cash flow forecasting, and reporting. The platform serves individual investors, property professionals, and advisory firms operating in the Australian property market.

Presm is operated by Rising Returns, based in New South Wales, Australia.

In these Terms, unless the context otherwise requires:

• "Service" means the Presm platform, including the website (presm.com, app.presm.com), all associated applications, features, tools, content, and services.
• "User Data" means any data, content, or information that you upload, submit, or create through the Service, including property data, financial information, reports, and documents.
• "Account" means your registered Presm user account.
• "Property Data" means property-related information displayed on the platform, including data sourced from third-party providers, public records, and government registries.
• "ACL" means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• "Subscription" means a paid plan that provides access to premium features of the Service.

4.1 Eligibility

To use Presm, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into binding contracts.
• Provide accurate and complete registration information.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your Account.
• Notifying us immediately at support@presm.com if you suspect any unauthorised access.

4.3 Accuracy of Information

You agree to keep your Account information accurate and up to date. We may suspend or terminate your Account if we determine that your information is materially inaccurate or incomplete.

4.4 Administrator Accounts

If you are an administrator managing client or staff accounts, you are responsible for ensuring that you have the appropriate authorisation from those individuals and that your staff comply with these Terms.

5.1 General Information Only

The information provided through Presm is general information only. It does not constitute personal financial advice, financial product advice, legal advice, tax advice, or any form of recommendation. The information has not been prepared with reference to your individual financial objectives, financial situation, or particular needs.

5.2 Not Financial Product Advice

Rising Returns does not hold an Australian Financial Services Licence (AFSL) and is not authorised to provide financial product advice under the Corporations Act 2001 (Cth). Nothing on this platform should be construed as a recommendation or statement of opinion that is intended to influence, or could reasonably be regarded as being intended to influence, your decision in relation to a financial product or class of financial products (within the meaning of section 766B of the Corporations Act 2001).

5.3 Tool and Data Platform

Presm is a property investment tracking and analysis tool only. It provides data, reports, and analytical functionality to assist you in organising and reviewing property investment information. Presm does not recommend, endorse, or suggest any particular property, investment strategy, financial product, or course of action.

5.4 Seek Professional Advice

Before making any investment decision, you should consider seeking independent professional advice from a qualified and licensed financial adviser, and you should consider the appropriateness of any information having regard to your personal circumstances. You should also consult with qualified professionals including licensed valuers, accountants, solicitors, and mortgage brokers as appropriate.

5.5 Investment Risk

Property investment involves risk, including the potential loss of capital. Past performance is not indicative of future results. Property values can fall as well as rise. Returns are not guaranteed. Interest rates, market conditions, and government policies can change without notice and may materially affect the value of property investments.

Property data, valuations, suburb statistics, rental yields, growth rates, and any other data displayed on Presm is sourced from third-party data providers and publicly available sources. This data is provided on an "as is" basis.

Rising Returns does not warrant the accuracy, completeness, reliability, or currency of any Property Data. Property Data may contain errors, omissions, or may not be up to date.

Automated estimates, projections, or calculations generated by Presm are indicative only and must not be relied upon as professional valuations or appraisals. Users should obtain independent professional advice — including from licensed valuers — before making any property investment decisions based on data from the platform.

7.1 Licence Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes, in accordance with your Account type and subscription tier.

7.2 Restrictions

You must not:

• Copy, modify, adapt, or create derivative works of the Service or its content.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or redistribute access to the Service or any data obtained through it.
• Use automated scraping, bots, or data harvesting tools on the platform.
• Circumvent any security measures, access controls, or usage limitations.
• Use the Service for any unlawful purpose or in violation of any applicable Australian law.
• Use the Service to provide financial product advice to third parties unless you hold the required AFSL.
• Interfere with the operation of the Service or other users' access.
• Upload malicious code, viruses, or harmful content.
• Impersonate another person or entity.
• Use the Service to send unsolicited commercial communications in breach of the Spam Act 2003 (Cth).

8.1 Free Tier

Presm offers a free tier for individual property investors. We reserve the right to modify, limit, or discontinue the free tier at any time with reasonable notice.

8.2 Paid Subscriptions

Paid subscription plans provide access to additional features. Pricing details are available on our website and within the platform. All prices are displayed in Australian Dollars (AUD) and include GST where applicable, in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

8.3 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will send you a reminder notification at least 7 days before each renewal. You can cancel your subscription at any time through your account settings.

8.4 Refunds

Subject to your rights under the Australian Consumer Law (see Section 12), subscription fees are generally non-refundable. If you cancel during a billing period, you will retain access until the end of that period.

8.5 Price Changes

We may change our subscription prices with at least 30 days' notice. Price changes will not affect your current billing period. If you do not agree with a price change, you may cancel your subscription before it takes effect.

9.1 Our Intellectual Property

All intellectual property rights in the Service — including software, code, design, user interface, trademarks, logos, and content — are owned by Rising Returns or its licensors. Nothing in these Terms transfers any intellectual property rights to you, except for the limited licence granted in Section 7.

9.2 Your Data

You retain ownership of all User Data that you upload to or create within Presm. By using the Service, you grant us a limited, non-exclusive, worldwide licence to use your User Data solely for the purpose of providing, maintaining, and improving the Service.

We may use anonymised and aggregated data (which does not identify any individual) for analytics, benchmarking, and platform improvement purposes.

9.3 Third-Party Data

Property Data sourced from third-party providers remains the property of those providers. You must not extract, republish, or redistribute third-party data obtained through the Service without our prior written consent.

9.4 Feedback

If you submit feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free licence to use, modify, and incorporate that feedback into the Service without compensation or attribution.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

11.1 Service Provided "As Is"

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Guarantee of Availability

We do not guarantee uninterrupted, timely, or error-free access to the Service. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control. We will use reasonable efforts to provide advance notice of planned downtime where practicable.

11.3 Australian Consumer Law — Non-Excludable Guarantees

12.1 Exclusion of Consequential Loss

To the maximum extent permitted by law, Rising Returns will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business opportunity.
• Loss of data or corruption of data.
• Loss of investment returns or financial losses arising from reliance on information provided through the Service.
• Loss arising from property investment decisions.
• Loss arising from changes in property values, rental markets, or interest rates.

regardless of the cause of action or theory of liability.

12.2 Aggregate Liability Cap

To the maximum extent permitted by law, Rising Returns' total aggregate liability arising out of or in connection with these Terms or use of the Service will not exceed the greater of: (a) the total fees paid by you to Rising Returns in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) AUD $100.

12.3 ACL Preservation

This limitation of liability does not apply to liability that cannot be limited or excluded under the Australian Consumer Law or any other applicable law.

You agree to indemnify, defend, and hold harmless Rising Returns, its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in breach of these Terms.
• Your violation of any applicable law or regulation.
• Your User Data or content.
• Any third-party claim arising from your use of data obtained through the Service.
• Any investment decision made based on information obtained through the Service.
• Your provision of financial product advice to third parties using information from the Service without holding an appropriate AFSL.

14.1 Termination by You

You may close your Account at any time by contacting us at support@presm.com or through your account settings. Upon closure, you will have 30 days to export your User Data before it is permanently deleted from our active systems.

14.2 Suspension or Termination by Us

We may suspend or terminate your access to the Service if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice.
• You engage in fraudulent, illegal, or harmful conduct.
• Your use poses a security risk to the platform or other users.
• You fail to pay fees when due after reasonable notice.
• Required by law or a regulatory authority.

14.3 Effect of Termination

Upon termination:

• Your licence to use the Service immediately ceases.
• Sections that by their nature should survive (including Sections 5, 6, 9, 11, 12, 13, 16, and 17) will continue in full force.
• We will retain your data in accordance with our Privacy Policy and legal obligations.

Rising Returns will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, internet or telecommunications failure, power outages, cyberattacks, or third-party service provider failures.

If a force majeure event continues for more than 90 days, either party may terminate these Terms by providing written notice to the other party.

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom.

16.2 Informal Resolution

Before commencing any formal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation for a period of at least 30 days from the date of written notice of the dispute.

16.3 Mediation

If the dispute is not resolved through informal negotiation, the parties agree to refer the dispute to mediation administered by the Australian Disputes Centre (ADC) before commencing court proceedings. The costs of mediation will be shared equally between the parties.

16.4 Urgent Relief

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Subscription terms, constitute the entire agreement between you and Rising Returns with respect to the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

17.3 Waiver

No failure or delay by Rising Returns in exercising any right under these Terms will operate as a waiver of that right.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, reorganisation, or sale of assets, with notice to you.

17.5 Notices

All notices from us will be sent to the email address associated with your Account or via in-app notification. Notices to us should be sent to support@presm.com.

17.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Rising Returns.

17.7 Amendments

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, via email or in-app notification. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may terminate your Account before they take effect.

If you have any questions about these Terms, please contact us:

• Platform: Presm by Rising Returns
• Email: support@presm.com
• Website: presm.com
• Location: New South Wales, Australia