Conditions of Use
Before you use the Site, you must read, agree and accept these Conditions of Use. Your use of our Site constitutes acceptance of these Conditions of Use. These Conditions of Use apply to all transactions carried out on the Site.
As from time to time we may need to update these Conditions of Use, you should check them every time you access or use the Site. All amended terms and conditions will be effective 30 days after their initial posting to the Site.
Please contact us on 1300 377 037 if you are not satisfied with, or have any queries about, these Conditions of Use.
2. EXPLANATION OF TERMS
Terms used within these Conditions of Use have the following meaning, unless otherwise indicated:
Conditions of Use means the terms and conditions relating to the use of the Site and the Services, including those set out in this document and incorporated by reference.
Services means any of the services offered by us through the Site, including but not limited to advertising properties for sale and/or rent.
Site means the current website of [Thehomepage.com.au], which is the internet website through which we provide our Services, and which includes any pages or sites linked to the Site that are owned and operated by us, but does not include any websites owned or operated by third parties.
You means any user of the Site or the Services from time to time.
3. USE OF THE SITE
Your right to use the Site is personal to you. The Site is only available to persons aged 18 years or older.
Whilst we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that your 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.
You agree not to do any of the following without our prior consent:
(a) upload, transmit, use, distribute or in any way exploit any material obtained through the Site (including our web pages) for any commercial purpose whatsoever;
(b) send unsolicited offers to purchase goods or services;
(c) use the Site for broad-based mailing or spamming;
(d) disclose your log-in details and password to a third party or allow others to falsely identify your account as the origin of any prohibited communication;
(e) interfere in any way with the Site;
(f) post or transmit or introduce into the Site any viruses, worms, time bombs, cancel bots or other computer programming routines that may damage, modify, delete or interfere with the Site;
(g) transmit any unlawful, libellous or threatening material of any kind through the Site;
(h) take any action that would impose a large load on the Site; or
(i) copy, reproduce, alter or modify information or material from the Site (except information or material belonging to you).
You represent and warrant that:
(a) the information you supply on registration is accurate and complete;
(b) if any of that information changes you will notify us immediately; and
(c) your use of the Site will at all times comply with these Conditions of Use and any directions published by us on the Site from time to time.
Your use of the Site is subject to these Conditions of Use, all applicable laws and regulations and industry codes and standards. You acknowledge and agree that you are solely responsible for the content of your transmissions through the Site.
At all times we retain the right, at our sole discretion, to determine whether or not your conduct in accessing or using the Site and Services is consistent with the letter and spirit of these Conditions of Use.
We may, at our sole discretion, immediately terminate your use of the Site if your conduct is found to be inconsistent with these Conditions of Use.
We may, at our sole discretion, terminate your access to the Site and disqualify you from using the Services, either temporarily or permanently, if your conduct or use of the Site and/or Services breaches these Conditions of Use.
In accessing and using the Site and/or using the Services, you must not do any of the following:
(a) represent yourself as another Site user or register by using a false identity or false information (including your telephone number or email address);
(b) use any activity to interfere or attempt to interfere with any of our operations;
(c) post or transmit through the Site any unlawful, harmful, abusive, defamatory, threatening, harassing, vulgar, profane, or hateful information or any language of a racist, hateful, sexual or obscene nature;
(d) provide any information that is false, inaccurate or misleading in any way;
(e) engage in misleading or deceptive conduct or make any misrepresentations;
(f) infringe any third party’s copyright, intellectual property or other proprietary rights or rights of privacy;
(g) use any content on, or index our Site, for purposes of constructing or populating a searchable database of properties or competing with us in any way;
(h) use the Site or the Services in a manner which might harm our reputation or goodwill;
(i) advertise any property for sale or rent that is not currently available.
This list is intended to convey the type of offences that may result in us terminating your access to the Site and/or disqualifying you from using the Services. It is not intended to be an exhaustive list and may be varied from time to time at our discretion.
We will act reasonably in exercising our discretion under these Conditions of Use.
5. FURTHER OBLIGATIONS AND ACKNOWLEDGMENTS
You acknowledge and agree that whilst we take all reasonable care in relation to information provided on the Site:
(a) we do not have a practice of monitoring or making enquiries about content provided to the Site by other parties;
(b) we do not control, endorse or approve any material, information or listings provided by users of the Site and which are made available through the Site;
(c) all information made available as part of the Site (including any property listings and details relating to such properties) is the responsibility of the provider of that information and not our responsibility;
(d) we reserve the right to remove any information you save or upload to the Site without prior notice, including (without limitation) database records, documents, video and image files;
(e) we cannot guarantee the preservation of any record and may delete information at our sole discretion and without notice; and
(f) the fact that property listings and/or information are posted on the Site does not mean that we have endorsed or approved that information in any way or verified the accuracy, completeness or usefulness of any such information.
You acknowledge that we are an information provider and not a real estate agency.
The information and materials contained in the Site are general and may not apply to your circumstances. This information must not be used as a substitute for professional legal, financial or real estate advice.
We encourage visitors to the Site to report any objectionable, inaccurate or misleading information on the Site.
The Site contains advertisements, hyperlinks and pointers to external websites owned and operated by third parties. You acknowledge and agree that we are not responsible for the content or accuracy of any such sites and you should review the terms and conditions applicable to those sites. When you link to those websites you leave our Site and do so entirely at your own risk.
6. 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 Site, 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 Conditions of Use, other than where such failure relates to an event beyond our reasonable control.
We will not be liable for any loss or damage arising out of an internet or telecommunications failure.
We exclude all implied conditions and warranties from these Conditions of Use, 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).
In particular, we exclude all warranties, other than Non-excludable Warranties, in relation to any of the following:
(a) your use of the Site;
(b) any of the information or materials accessed through the Site;
(c) the availability, accuracy or content of information, products or services offered through the Site.
Our liability under these Conditions of Use 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 6.3, 6.4 and 6.5, we exclude all other liability to you for any costs, expenses, losses and damages incurred in relation to material and/or information published by us, or in relation to the Services, whether that liability arises in contract, tort or under statute.
In no event will we be liable to you or any third party for any indirect, consequential, special, exemplary, incidental or punitive damages, including (without limitation) loss of profit, loss of revenue, downtime costs or loss of goodwill.
The provisions of this release and indemnity will survive any termination of the agreement formed by your acceptance of these Conditions of Use.
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 Conditions of Use by you.
7. ERRORS AND OMISSIONS
We use reasonable endeavours to ensure that all information and material provided by us (as distinct from other users of the Site and Services) is correct at the time of posting. However, we do not and cannot guarantee the accuracy of such information and materials.
When errors are discovered in any information or material provided by us on the Site, we will correct those errors as soon as possible.
9. 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) 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
(d) 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
(e) grant us the right to sub-licence Material to third parties on the same terms as the licence described above; and
(f) 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
(g) 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
(h) you agree not to make any claims against us in relation to any of the matters described above.
These Conditions of Use 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 Conditions of Use 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 Conditions of Use will not constitute a waiver of such right or provision unless such waiver is notified in writing by the waiving party.