By appointing us to provide the Services, you warrant that you have read, agreed to and accepted these Terms and Conditions.
An agreement for the supply of Services will be formed on the basis of the Quote and these Terms and Conditions immediately upon you returning a completed and signed Quote to us.
The Agreement may only be amended in writing, signed by you and us.
In the event of any inconsistency between this Agreement and the Quote, the Quote will prevail to the extent of such inconsistency.
2. EXPLANATION OF TERMS
Terms used within these Terms and Conditions have the following meaning, unless otherwise indicated:
Advertising means advertising in the form submitted to us by you for display on the Site, and includes (without limitation) text, images, video files, audio, data and content and any combination of them;
Agreement means the agreement between you and us for the provision of Services, which will be formed on the basis of the Quote and these Terms and Conditions immediately upon you returning a completed and signed Quote to us.
Quote means a quote for Services provided by us.
Services means the Services provided by us as set out in these Terms and Conditions and the Quote.
Site means the current website of [Thehomepage.com.au], and which includes any pages or sites linked to the Site that are owned or operated by us, but does not include any sites owner or operates by third parties.
Terms and Conditions means the terms and conditions relating to the provisions of the Services, including those set out in this document and incorporated by reference.
You means the person or entity specified in the Quote.
This Agreement commences on the contract start date specified in the Quote and will continue for the period specified in the Quote, unless terminated earlier in accordance with this Agreement.
A party to this Agreement may terminate this Agreement in writing if theother party breaches a material term of this Agreement and fails to rectify thatbreach within 14 days of a written request from the other party. For the avoidance of doubt, failure to pay any money due and payable constitutes a breach of a material term of this Agreement.
Upon expiry of the initial term specified in the Quote, this Agreement will automatically revert to a month by month agreement (and otherwise on the same terms) until terminated by either party by giving 30 days’ written notice.
Subject to these Terms and Conditions, we will use reasonable endeavours to publish Advertising in the format and in the position agreed with you. However, we reserve the right at all times (acting reasonably) to vary the placement of Advertising within the Site or to change the format of Advertising.
Neither these Terms and Conditions or any Quote by us represents an agreement to publish Advertising. An agreement in respect of specific Advertising will only be formed between us and you when we accept the Advertising in writing or generate a tax invoice for that Advertising.
Advertising submitted electronically must comply with our specifications, as disclosed to you from time to time.
For online banner and display Advertising, you must submit creative materials at least 5 business days before the date on which the Advertising is to be published on the Site.
Where we provide you with a Quote for an Individual Feature Listing and that Quote is accepted by you, we agree to upgrade your nominated property listing so that it appears as approximately twice the size of our standard free property listings and contains enhanced agency colours the logos for the duration of the listing.
Where we provide you with a Quote for a Feature All Listing and that Quote is accepted by you, we agree to automatically upload all new listings to the Site as Individual Feature Listings for the duration of the term of the Agreement as specified in the Quote.
Where a Quote that is accepted by you relates to “mypropertyaddress”, we will facilitate creation of an individual website for the nominated property through the website www.mypropertyaddress.com.au. By agreeing to purchase this service you warrant that you have reviewed, understood and accepted the terms and conditions applicable to www.mypropertyaddress.com.au and you acknowledge that we are not responsible for this website.
Where we provide you with a Quote for Banner Advertising, we agree to place a banner ad on the Site advertising your business, which will link directly through to the URL nominated by you, subject to these Terms and Conditions.
We reserve the right to suspect delivery of the Services in the event that you fail to make any payment owing to us on the due date for payment.
The purchase price for the Services is the price set out in the Quote (Purchase Price) and is payable in the manner set out in the Quote.
Where you have elected to pay the Purchase Price using credit card by providing your credit card details on the Quote, over the phone, through the Site or by other means, you authorise us to charge your credit card for the full amount owing for the Services.
Unless otherwise expressly stated in the Quote, the Purchase Price is exclusive of GST.
If you fail to pay the Purchase Price in full in the manner specified in the Quote, you must pay to us on demand any costs, expenses or losses which have been, or are likely to be, incurred by us as a result of that failure including costs associated with the collection of any outstanding amounts and agree that we may (without prejudice to any other rights or remedies that we may have) charge interest on the overdue amount at a rate equal to the rate specified in the Penalty Interest Rates Act 1983 (Vic) plus 2%.
6. USE OF SERVICES
Your use of the Services is subject to these Terms and Conditions, all applicable laws and regulations and industry codes and standards.
You acknowledge and agree that you are solely responsible for the content of any material provided to us.
Whilst we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that access will be uninterrupted, timely, secure or error-free.
We reserve the right to change or discontinue the Site or any feature or service available on the Site at any time.
7. WARRANTIES AND ACKNOWELDGEMENTS BY YOU
(a) warrant that you have read and understood the Quote and these Terms and Conditions;
(b) warrant that all information you have provided to us in relation to the Services is true and accurate and you acknowledge and agree that we have relied on that information in providing the Quote and supplying the Services;
(c) acknowledge and agree that we reserve the right to remove any information or material uploaded to the Site without prior notice, including (without limitation) artwork, video and image files;
(d) warrant that you own all intellectual property rights in the material uploaded to the Site and that such material does not breach the intellectual property rights, other proprietary rights or privacy rights of any third party; and
(e) warrant that you have read, understood and agreed to the Website Conditions of Use, which may be accessed by clicking [here], and you acknowledge and agree that the Website Conditions of Use are incorporated into these Terms and Conditions.
8. RELEASE AND INDEMNITY
To the extent permitted by law, you agree to forever release and discharge all claims that you now have, or may have, against us, our related entities, shareholders, directors, employees, agents and representatives connected with or arising out of or incidental to any use of the Services, except to the extent that such claim arises as a result of a breach of warranty by us or a failure by us to comply with a material obligation under these Terms and Conditions, other than where such failure relates to an event beyond our reasonable control.
We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State legislation) which cannot by law be excluded (Non-excludable Warranty).
Our liability under these Terms and Conditions is in all cases limited to re-supplying the Services, having the Services re-supplied or payment for the cost of having the Services re-supplied (at our discretion).
Subject to clauses 8.2 and 8.3, we exclude all other liability to you for any costs, expenses, losses and damages incurred in relation to Advertising published by us, or in relation to the Services, whether that liability arises in contract, tort or under statute.
To the extent permitted by law, we will not be liable for any indirect, special, incidental or consequential damages including, without limitation, loss of profit or revenues and downtime costs, suffered by you in relation to the Services.
The provisions of this release and indemnity will survive any termination of the agreement formed by your acceptance of these Terms and Conditions.
You agree to indemnify and at all times keep indemnified and hold us, our related entities, shareholders, directors, employees, agents and representatives harmless from and against any claim or demand made by any third party arising out of your use of the Services or the breach of these Terms and Conditions by you.
We will not be liable for any loss or damage from an internet or telecommunications failure.
10. INTELLECTUAL PROPERTY
We own or are licensed to use all copyright and other intellectual property rights in our material on the Site. You must not reproduce, distribute, communicate or publish any content on the Site, unless permitted under legislation or with our prior written approval.
You must not under any circumstances:
(a) modify or copy the layout of the Site or any computer software or code contained in the Site;
(b) use the Site or any material or information on it for any purpose that is unlawful, in breach of these Conditions of Use or otherwise infringes any rights (including intellectual property rights) of any third party or to knowingly or negligently transmit any virus, Trojan horse, worm or other disabling feature affecting software or hardware;
(c) use the Site to data mine or compile any document or database incorporating or based on material or information contained on or gained through the Site; or
(d) impersonate another person or allow another person to impersonate you.
The subject matter on and accessible from our Site and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, we grant visitors to the Site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of copyright material beyond such use, you must obtain our prior written consent (or the consent of the relevant copyright owner, where applicable).
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.
For any material or information in which you may retain moral rights in, you declare that you do not require that any personally identifying information be used in connection with such material or information, or any derivative work, upgrade or update of the material and/or information.
For the purpose of this clause, “Material” means information including data, text, video, still images, audio and/or other material that you host, share, publish, post, store or upload on the Site in accordance with these conditions of Use.
By posting Material to the Site, you:
(a) warrant that you have the lawful right, including all necessary licences, rights, consents and permissions, to use and authorise us to display such Material; and
(b) warrant that such Material does not infringe the intellectual property rights or other proprietary or privacy rights of any third party; and
(c) warrant that the publication of Material does not breach or infringe the Trade Practices Act (Cth), Fair Trading Act (in any State or Territory) or equivalent legislation; and
(d) warrant that the publication of Material does not breach or infringe any financial services law or other legislation; and
(e) warrants that if Material contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, you have obtained the authority of that person to make use of his or her name or representation of the copy; and
(f) acknowledge that third parties will be accessing and using the Material and that we cannot and will not be responsible for the actions of any third parties in relation to the Material; and
(g) grant us a non-exclusive, world-wide, perpetual, transferable, irrevocable and royalty-free licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display any of the Material you post to the Site throughout the world in any medium, whether currently in existence or not; and
(h) grant us the right to sub-licence Material to third parties on the same terms as the licence described above; and
(i) grant to each user of the Site a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works from, display and perform the Material as permitted by us and in accordance with these Conditions of Use; and
(j) grant us the right to use your name or the name you submit with the Material, and the right to represent and warrant that you own and control all of the rights to the Material or that you have the lawful right, including all necessary licences, consents and permissions, to use and authorise us to display the Material; and
(k) you agree not to make any claims against us in relation to any of the matters described above.
These Terms and Conditions are governed by and are to be construed in accordance with the laws of Victoria, Australia. You and us agree to submit to the exclusive jurisdiction of the Courts of Victoria.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be illegal or unenforceable in any way then that provision will be severed and the remaining terms or parts will continue in full force and effect.
Any failure of a party to exercise or enforce any provisions of, or any rights it may have under, these Terms and Conditions will not constitute a waiver of such right or provision unless such waiver is notified in writing by the waiving party.