Terms of Use

These terms apply to your use of copay.au, the Copay owner portal, and Copay’s online chat and forms (together, the Platform). The Platform is operated by Elate Holdings Pty Ltd (ABN 58 655 961 176) trading as Copay (Copay, we, us, our).

You accept these terms when you create an account, and again when you accept an updated version under clause 12. If you use the website without an account, these terms apply to that use. If you do not agree to these terms, please do not use the Platform.

If you are a co-owner, your rights and obligations as a co-owner, including your nights, bookings, levies, voting and any transfer of your units, arise only under the trust deed for your home, your accession deed and the Booking and Allocation Rules in the trust deed (together, the Trust Documents). Copay provides the owner portal as manager for the trustee of your home. These terms set the conditions for using the Platform only. They do not create any obligation for you to pay money to Copay, and they do not change your rights or obligations under the Trust Documents.

If these terms are inconsistent with the Trust Documents, the Trust Documents prevail.

We do not charge you a fee to use the Platform. For co-owners, Copay’s management fee is paid by the trustee of the home as part of the trust’s annual budget. Any other fee payable to Copay, such as a fee on the sale of units, is collected by the trustee from the co-owner concerned and paid to Copay by the trustee, as set out in the Trust Documents.

Information on the Platform is general information only. It is not legal, tax or financial advice and does not take account of your objectives, financial situation or needs. Before deciding whether to acquire units, you should read the documents for the home and consider getting independent legal, tax and financial advice.

Nothing on the Platform is an offer or invitation to acquire units in any trust, or a recommendation to do so. Units in the trust for a home can be acquired only by completing the application and accession documents for that home. Those documents and the Trust Documents set out the price, costs, nights and other terms that apply, and they prevail over anything on the Platform.

Each home is shown with one of these statuses:

You can apply for units only in a home shown as “Ownership shares available”. A home with any other status may not proceed.

Images marked as illustrative show the style of a place or home. They may not show the actual home, its fittings or its condition.

Any figure on the Platform about a home, such as a price, a cost or a number of nights, is subject to the documents for that home.

Our chat may give automated answers. Automated answers are general information only and may be incomplete or wrong, and they do not change the documents for any home. If you want to rely on an answer, ask a member of our team to confirm it in writing.

We take reasonable care to keep information on the Platform accurate and current. Information may change, and we update a home’s status when it changes.

You must be at least 18 years old to create an account.

Owner portal accounts are available to co-owners and to people a co-owner or the law authorises to act for them, such as an attorney or executor, once we have verified that authority. Joint holders of units each have their own account.

You must give accurate information, keep your password and verification codes confidential, and tell us promptly if you think your account has been used without your authority. We may require multi-factor authentication.

You are responsible for activity on your account, except activity after you have told us your account may be compromised, or activity that results from our failure to take reasonable security steps.

You may close your account at any time by contacting us. If you are a co-owner, closing your account does not affect your rights under the Trust Documents, and you may make booking requests and receive notices by the other means set out in clause 4.4 and the Trust Documents.

The owner portal applies the Booking and Allocation Rules to booking requests, the peak draft, the Christmas and New Year rotation, swaps and gifts of nights, cancellations, pool nights and the record of your nights. Some of these decisions are made by the portal automatically, as described in section 7 of our Privacy Policy.

You may ask for any automated decision about your bookings or nights to be reviewed by a person. We will tell you the outcome within five business days and correct the record if it is wrong. This does not limit any review or dispute process in the Trust Documents.

The portal’s record of bookings, nights and stays is kept for the trustee of your home. If you think the record is wrong, tell us and we will check it against the Booking and Allocation Rules.

We aim to keep the owner portal available at all times, but it may be unavailable during maintenance or for reasons beyond our control. We will give notice of planned maintenance where practicable. While the portal is unavailable, you may make booking requests by contacting us, and we will deal with them in the order we receive them.

Access codes and other access details for a home are confidential. You may share them only with guests you have registered for your stay.

When you register a guest, you must give accurate details and let your guest know how we handle their information, using the notice we provide. Your responsibility for your guests is set out in the Trust Documents.

Your access to the owner portal for a home ends when you cease to hold units in that home, except that you keep read-only access to your own records for 12 months. After that, you may still ask for your records under our Privacy Policy.

If Copay stops being the manager of a home, we will work with the trustee to transfer the records of that home to the trustee or the new manager, and we will give you reasonable notice of the change.

We send service messages about your enquiry, application, account or ownership by email, SMS and through the owner portal. Service messages about your ownership cannot be switched off, but you can tell us which contact details to use.

Formal notices under the Trust Documents are given in the way the Trust Documents provide.

We send marketing messages only with your consent or where the law otherwise permits. Every marketing message tells you how to unsubscribe, and we act on your request within five business days.

We own, or are licensed to use, the Platform and its software, design and content, including the Copay name and logo.

We grant you a personal, non-exclusive, non-transferable licence to use the Platform for its intended purpose while these terms apply. You may not use the Copay name or logo without our written permission.

You keep ownership of content you give us, such as messages and documents. You allow us to use it to operate the Platform and provide our services.

The records of each home are held for the trustee of that home.

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified, including the consumer guarantees.

Subject to clause 10.1 and to the extent permitted by law, we are not liable for any indirect or consequential loss arising from your use of the Platform.

Clause 10.2 does not limit our liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.

Nothing in these terms limits your rights under the Trust Documents, or any right the trustee of a home has against Copay.

We may suspend or restrict your account, only to the extent reasonably necessary, if we reasonably believe it has been compromised or that you have materially breached these terms. We will tell you why, unless the law or security considerations prevent us, and we will restore access once the issue is resolved.

While your portal access is suspended, your confirmed stays are not affected, and you may make booking requests by contacting us.

Any pause on bookings or voting because of unpaid amounts is made under the Trust Documents, not these terms.

We may change these terms to reflect a change in the law, in our services or the Platform, or in security needs.

We will give at least 30 days’ notice of any change that is not solely to your benefit, by email and through the owner portal, and ask you to accept the updated terms. Other changes take effect when we publish them.

No change applies to anything that happened before it takes effect, and no change can reduce your rights under the Trust Documents.

If you do not agree to a change, you may close your account under clause 3.5.

The current version, with its effective date, is published on copay.au.

These terms are governed by the laws of Queensland. You and we submit to the non-exclusive jurisdiction of the courts of Queensland.

If any part of these terms is invalid or unenforceable, it is severed and the rest of these terms continues to apply.

A failure or delay in exercising a right under these terms is not a waiver of that right.

We may transfer our rights and obligations under these terms to a person who takes over operation of the Platform, by giving you notice. You may not transfer your rights under these terms.