1. Who we are
The Lumière AUSTRAC platform ("the Platform", "the Service") is operated by Lumiere Property Intelligence Pty Ltd ("we", "us", "our"). In these Terms, "you" and "your" refer to the person or business that registers for or uses the Service.
2. What the Platform is — and is not
The Platform is a software tool that helps Australian real estate businesses organise, perform and document activities relevant to their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the AML/CTF Rules ("the AML/CTF laws").
3. Your account
To use the Service you must create an account with accurate information and keep your login credentials secure. You are responsible for all activity under your account. You must notify us promptly of any unauthorised use. You must be authorised to act for the business you register, and you must be at least 18 years old.
4. Subscriptions, fees and billing
- The Service is offered on subscription plans (currently Agency Solo and Agency Team) billed monthly in advance.
- All prices are in Australian dollars and, unless stated otherwise, exclusive of GST, which is added where applicable.
- Payments are processed by our payment provider, Stripe. By subscribing you authorise us (via Stripe) to charge your nominated payment method on a recurring basis until you cancel.
- We may change our fees on reasonable notice. Changes do not affect the current paid period.
5. Cancellation and refunds
You may cancel your subscription at any time. On cancellation, your subscription remains active until the end of the current paid billing period, after which it will not renew and you will not be billed further.
6. Your data and your clients' data
You may input personal information about yourself, your staff and your customers (including identity and due-diligence information) into the Platform. You are responsible for ensuring you have the right to provide that information and for handling it in accordance with the law. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
You retain ownership of the data you input. You grant us the limited rights needed to store, process and display that data to provide the Service. We do not sell your data.
7. Record keeping
The AML/CTF laws require you to keep certain records for at least seven years. While the Platform is designed to support record keeping, you remain responsible for ensuring your records are complete and retained as required. We recommend you regularly export and retain your own copies of your records. We are not liable for any loss of data, however caused, and provide no guarantee of uninterrupted availability.
8. Acceptable use
You agree not to misuse the Service, including: using it unlawfully; attempting to gain unauthorised access; interfering with its operation or security; reverse-engineering it; or using it to store unlawful content. We may suspend or terminate accounts that breach these Terms.
9. Availability and changes
We aim to keep the Service available but do not guarantee it will be uninterrupted or error-free. We may modify, suspend or discontinue features. We may update these Terms from time to time; material changes will be notified, and continued use after changes take effect constitutes acceptance.
10. Disclaimers and limitation of liability
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including as to accuracy, fitness for a particular purpose, or compliance outcomes.
Certain rights and guarantees under the Australian Consumer Law cannot be excluded. Nothing in these Terms excludes, restricts or modifies those rights. Where our liability can be limited, it is limited (at our option) to re-supplying the Service or paying the cost of re-supply.
11. Indemnity
You agree to indemnify us against claims, losses and costs arising from your use of the Service in breach of these Terms or in breach of any law, including the AML/CTF laws and privacy laws.
12. Governing law
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.
13. Contact
Questions about these Terms: admin@lumiereaustrac.com.au