TERMS AND CONDITIONS OF USE
1.1. Realestateuno.com.au is a site operated by AusRealtors Pty Ltd (ACN 162 727 488) (we, us or our).
- ACCESSING THE SITE
2.1. We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period.
2.2. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products, services and the content we provide on the Site without notice. From time to time, we may restrict access to some parts of the Site (wholly or partly).
2.3. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or mobile telephone are aware of these Terms, and that they comply with them.
2.4. When accessing and using the Site, you must:
(a) not attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party's computing systems and networks;
(b) not use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in the course of delivering the Site, or impair the ability of any other user to use the Site;
(c) not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Site is hosted;
(d) not transmit, or input into the Site, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law; or
(e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Site.
- AUSREALTORS PTY LTD PLATFORM
3.1. The Site is a platform for displaying information regarding the latest off-the-plan property and Apartments & Developments, suburb profiles, buying and investment content and lifestyle content in Australia (Third Party Content), and the information contained therein is based on content provided by property developers, builders, building consortiums, media agencies or retail clients (Third Party Providers). Users of the Site may also upload or publish Third Party Content (including user comments and reviews) on the social media pages linked to our Site (User Generated Content).
3.2. The Site is a portal or conduit providing you with access to and use of the Third Party Content. No products or services are directly sold by us through the Site.
3.3. We do not recommend or endorse any goods, services or Third Party Content appearing on, or via, the Site or any User Generated Content appearing on or via the social media pages linked to the Site. We disclaim all liability and responsibility arising from any reliance placed on such Third Party Content and User Generated Content, and any products and services provided therefrom, by any visitor to the Site (or any of our social media pages), or by anyone who may be informed of any of its contents, and we make no representations or warranties that use of such Third Party Content and User Generated Content will not infringe intellectual property rights of any third parties.
3.4. The Third Party Providers, their advertisers and users of the Site(and not us) are responsible for the accuracy of all representations made in any Third Party Content advertised or listed on the Site, or User Generated Content displayed or listed on social media pages linked to the Site. We may, but are under no obligation to, monitor the Third Party Content or User Generated Content. To the extent permitted by applicable law, we do not warrant that the products or service or Third Party Content available or offered on the Site (or User Generated Content displayed or listed on social media pages linked to the Site) are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products, services or Third Party Content offered via the Site (or User Generated Content offered via social media pages linked to the Site). You agree to make your own enquiries to verify information provided and to assess the suitability of products or services before you purchase. If you choose to purchase a product or service advertised or listed by a Third Party Provider or user of the Site on, or via, the Site or on our social media linked pages, you do so at your own risk.
3.5. Any opinions, advice, statements, services, offers, or other information, User Generated Content or Third Party Content expressed or made available by a Third Party Provider or member of the public are those of the respective author or distributor (and not us). We reserve the right (but we are under no obligation) to modify or remove any Third Party Content or User Generated Content at any time.
- REGISTRATION INFORMATION AND PASSWORDS
4.1. You do not need to register or log-in to the Site in order to view the content and information on the Site, including Third Party Content and User Generated Content.
- THE SITE CHANGES
We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site. Any of the material provided on, or via the Site, may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.
- POLICIES AND GUIDELINES
You shall comply with our policies and guidelines as apply from time to time.
- THIRD PARTY WEBSITES
7.1. The Site or any Third Party Content may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the Site. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites for your information and convenience.
7.2. Links, references or other connections to these websites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
7.3. Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with.
- LINKING TO OUR SITE
8.1. You may link to our home page, provided you obtain our prior written consent. You can request our consent by sending us an email at email@example.com. Any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
8.2. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
- INTELLECTUAL PROPERTY
9.1. The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features of the Site (IP Content) is protected by copyright, trade mark and other intellectual property laws. Without limiting the foregoing, we are the owner or the licensee of all intellectual property rights in the Site and the IP Content, but not the Third Party Content or User Generated Content.
9.2. You may print off copies, and download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author or distributor (and not us).
9.3. You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, for commercial purposes without obtaining an express licence to do so from us or our licensors. If you print off, copy or download any part of the Site in breach of these Terms your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- LIMITATION OF LIABILITY AND INDEMNITY
10.1. The IP Content, User Generated Content or Third Party Content displayed on or via the Site, social media linked pages and any other links in relation to the products or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Site meets your personal needs and is suitable for the purposes for which it is used.
10.2. To the extent permitted by law, we, our directors and employees, and third parties connected to us, hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:
(i) personal injury or death to you or any third person;
(ii) special, direct, indirect or consequential loss or damage; or
(iii) loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind,
in any way connected with the Site, the products or services, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to it and any IP Content, User Generated Content and Third Party Content posted on the Site.
10.3. Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited, and if any liability remains it will be limited to any one or more of the following in our sole discretion:
(a) in the case of any products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and
(b) in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
10.4. Any bank loan calculators provided through the Site are meant as guides only. We cannot and do not guarantee the accuracy, reliability and correctness of any such information generated from the bank loan calculators due to any variations between the financial institutions and interest calculations from time to time.
10.5. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site, products and services and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site, our social media linked pages products or services.
10.6. Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
(a) the use of the Site, our social media linked pages or any other products or services accessed via, or associated with, the Site or our social media linked pages;
(b) a breach of these Terms; or
(c) an infringement of any rights of another.
- CUSTOMER SUPPORT
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to firstname.lastname@example.org.
- VIRUSES AND HACKING
12.1. You must not misuse the Site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
12.2. We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
- SUSPENSION AND TERMINATION
13.1. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site, products and services, and/or your registration, or suspend or block your access to the Site, products and services.
13.2. Cause for such suspension or termination shall include, but not be limited to:
(b) requests by law enforcement or other government agencies;
(c) discontinuance of the Site (or any part thereof):
(d) unexpected technical or security issues or problems; or
(e) your failure make any required payments or fees. Access will only be reinstated if you pay all monies due and owing to us under these Terms (or any other agreement entered into between the parties). You may then have to open a new account as all your data may have been deleted, archived, or lost.
13.3. You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.
- FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, and accidents or breakdown of plant, machinery, software, hardware or communication network.
- NO WAIVER
15.1. If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
15.2. If we waive a default, this does not constitute a waiver of any subsequent defaults.
15.3. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- ENTIRE AGREEMENT
17.2. We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
- GOVERNING LAW
These Terms are governed by the laws of the state of Victoria, Australia and each party submits to the jurisdiction of the courts of the state of Victoria, Australia.
- VARIATIONS TO THESE TERMS
19.1. We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
19.2. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site. Your continued use of the Site will be deemed as your acceptance thereof.
19.3. We may assign or sublicense any of our rights or obligations under these Terms at any time without obtaining your consent.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms.
It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the realestateuno.com.au Web Site, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the realestateuno.com.au Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the realestateuno.com.au Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the realestateuno.com.au Web Site, including in any directories, is true, complete and correct.
We may, from time to time, allow users who engage with a professional through the Web Site to rate their experience with that professional. While we verify that feedback comes from users who engaged with the professional through the Web Site, the content of the feedback is the user’s opinion. The ratings are a collation of user feedback and do not constitute an endorsement or recommendation by us in connection with any professional.
You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a professional or undermine the operation of the ratings system. We reserve the right to remove feedback from the star rating system which we deem to be inappropriate, deceptive or does not adhere to our feedback guidelines
Service Fees and any other amounts quoted in these Terms & Conditions are GST exclusive amounts, with the exception of service fee for rentals which are GST inclusive. Terms used in this clause 4.1.3 have the same meaning as those terms in A New Tax System (Goods and Services Tax) Act 1999.
A party must pay GST on a Taxable Supply made to it under this Agreement. It must do so at the same time and in the same manner as it is required to pay the consideration for the Taxable Supply to which the GST relates.
A party making a Taxable Supply to another party under this Agreement must issue a tax invoice in the format required by law to the other party for the Taxable Supply. The tax invoice must set out the amount of the GST payable by that other party. The tax invoice must be issued at the same time as the consideration for the Taxable Supply is due.
Each party must do anything reasonable to assist the other party to comply with its GST obligations in relation to this Agreement.
- ENTIRE AGREEMENT
This Agreement and the Site Ts & Cs contain everything the parties have agreed to in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this Agreement was executed. Joint and individual liability and benefits. Except as otherwise set out in this Agreement, any covenant, agreement, representation or warranty under this Agreement by two or more persons binds them jointly and each of them individually, and any benefit in favour of two or more persons is for the benefit of them jointly and each of them individually.
- EMAIL, MARKETING & SUBSCRIBING
By providing your name and email address through any contact form on the Realestateuno.com.au website you agree that you acknowledge and agree that from time to time that you will be marketed to by Realestateuno.com.au and other related parties of AusRealtors Pty Lt. In the event that you do not wish to be marketed to any further you will unsubscribe.
In the event of a dispute between the parties arising in connection with this Agreement, each party must nominate an officer of equivalent seniority who must meet in good faith to resolve the dispute. If they cannot resolve the dispute within 14 days, the Agency’s chief executive officer (or equivalent) and an officer of equivalent seniority from the Company must meet in good faith to resolve the dispute. If the dispute is not resolved within a further 14 days, either party may take any action it deems appropriate. Governing law. This Agreement is governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there without regard to the principles of conflicts of law.
- DISCALIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties; the Company does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components; and the Company may change any of the material on the Site at any time without notice. To the maximum extent permitted by law, the company will not be liable to the Agent, Agency, any related bodies corporate, affiliates, Related Entity or any employees, authorised representatives, agents or subcontractors of the same for any direct, indirect, incidental, consequential (including among other things loss of revenue or profits, loss of data, third party claims or loss of good will), punitive or exemplary damages of any kind (whether based on breach of contract, tort (including negligence), strict liability or otherwise) incurred by the Agent or Agency in connection with this Agreement, even if the Agent or Agency has been advised that such damages are possible.
Where the laws of any country or state in which these Terms & Conditions are effective implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying the application of the term, condition or warranty, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of the Company, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which the Agent or Agency may sustain shall be limited, at the option of the Company, to the resupply of the Services again, or the payment of the cost of having the Service resupplied.
Independent contractors. The Company is an independent contractor. The Company does not have the right to act as Your agent, representative or partner and neither the Agent nor the Agency has the right to act as an agent, representative or partner of the Company. This Agreement must not be construed to create an association, agency, joint venture or partnership between the Company and the Agent or Agency.
A right created by this Agreement can only be waived if the waiver is in writing and signed by the party entitled to that right. Delay by a party in exercising a right does not amount to a waiver, and a written waiver will not operate as a subsequent waiver of the same right or of any other right of that party. Assignment. Neither the Agent nor the Agency may assign, sub-licence or transfer (or attempt to assign, sub-licence or transfer) its rights or obligations under this Agreement (including the right to receive the Service) to any other party (including a Related Entity) without the prior written consent of the Company. Any assignment or sub-licence without the prior written consent of the Company shall be null and void. This Agreement may be assigned by the Company without the consent of the Agent or the Agency.