www.ACproperty.com.au 澳洲家园网
Please read the following legal information carefully.
IMPORTANT NOTICE: It is a breach of ACproperty.com.au's terms
and conditions to provide username and password details to unauthorised third parties.
Unauthorised use may lead to suspension or termination.
Terms of Use
These terms of use, along with our other notices on our websites,
form the basis on which you may access and use our websites. We reserve the right
to change any or all of our terms of use or other conditions for using our websites
at any time by publishing the new terms or conditions on our websites. Your use
of our websites constitutes your acceptance of those terms. Should you object to
any of our terms of use or other notices on our websites your sole option is to
immediately cease your use of the websites.
Information on our websites and in any ACproperty.com.au publication
should not be regarded as a substitute for professional legal, financial or real
estate advice.
AC Advertising Group Pty Ltd and its related entities responsible
for maintaining our websites and all ACproperty.com.au publications make no warranty
as to the accuracy or reliability of the information contained therein (including,
but not limited to, any content or information generated on our Websites by or on
behalf of AC Advertising Group Pty Ltd, and any Third Party Content on our Websites)
and AC Advertising Group Pty Ltd and its related entities, directors, officers and
agents disclaim all liability and responsibility for any direct or indirect loss
or damage which may be suffered by any recipient through relying on anything contained
in or omitted from our websites or publications.
Restrictions on use of ACproperty.com.au
In accessing or using our websites you agree that you will not:
1.
use any automated device, software, process
or means to access, retrieve, scrape, or index our websites or any content on our
websites;
2.
use any device, software, process or means
to interfere or attempt to interfere with the proper working on our websites;
3.
undertake any action that will impose a burden
or make excessive traffic demands on our infrastructure that we deem, in our sole
discretion to be unreasonable or disproportionate site usage;
4.
use any content on, or index our websites
for purposes of constructing or populating a searchable database of properties or
competing with us in any manner;
5.
transmit spam, chain letters, contests, junk
email, surveys, or other mass messaging, whether commercial in nature or not;
6.
use our websites or any content from our
websites in any manner which is, in our sole discretion, not reasonable and / or
not for the purpose which it is made available;
7.
violate the rights of any person, including
copyright, trade secret, privacy right, or any other intellectual property or proprietary
right;
8.
pose as any person or entity or attempt to
solicit money, passwords or personal information from any person;
9.
act in violation of any Term of Use or other
condition posed by us or any applicable law;
10.
reproduce, republish, retransmit, modify, adapt, distribute, translate,
create derivative works or adaptations of, publicly display, sell, trade, or in
any way exploit our Websites or any content on our websites, except as expressly
authorised by us; or
11.
transmit or attempt to transmit any computer viruses, worms, defects,
Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary
to prevent unauthorised access to or use of our websites, including, but not limited
to, instituting technological barriers, or reporting your conduct to any person
or entity.
Copyright
The subject matter on and accessible from our Websites and publications
is copyright. Apart from fair dealing permitted by the Copyright Act 1968, AC Advertising
Group Pty Ltd grants visitors to the site permission to download copyright material
only for private and non-commercial purposes. For reproduction or use of ACproperty.com.au
copyright material beyond such use, written permission must be obtained directly
from AC Advertising Group Pty Ltd or the relevant copyright owner. If given, permission
will be subject to the requirement that the copyright owner's name and interest
in the material be acknowledged when the material is reproduced or quoted, in whole
or in part.
Third party links and advertising
Our websites often include advertisements, hyperlinks and pointers
to websites operated by third parties. Links to third party websites include, without
limitation, links to the websites of some of our real estate agency customers. Those
third party websites do not form part of our websites and are not under the control
of or the responsibility of AC Advertising Group Pty Ltd. When you link to those
websites you leave our web site and do so entirely at your own risk. AC Advertising
Group Pty Ltd and its related entities make no warranty as to the accuracy or reliability
of the information contained on any third party websites, and AC Advertising Group
Pty Ltd and its related entities, directors, officers and agents disclaim all liability
and responsibility for any direct or indirect loss or damage which may be suffered
by you through relying on anything contained on or omitted from such third party
websites. A display of advertising does not imply an endorsement or recommendation
by AC Advertising Group Pty Ltd.
Contributions
For the purposes of this section titled Contributions, “You” or “you”
means the individual making Contributions to our websites.
AC Advertising Group Pty Ltd may permit you to make Contributions
to our websites.
You retain sole responsibility and accept all liability for all Contributions
you make to our website. AC Advertising Group Pty Ltd disclaims any and all liability
in connection with Contributions. AC Advertising Group Pty Ltd assumes no responsibility
for monitoring any Contributions. AC Advertising Group Pty Ltd does not in any way
endorse the information in Contributions including any opinion, recommendation or
advice expressed. AC Advertising Group Pty Ltd is under no obligation to treat your
Contributions as confidential information.
AC Advertising Group Pty Ltd may at any time, without liability to
you, remove, alter or disable access to any or all of your Contributions in its
sole discretion without prior notice to you. Without limiting the previous sentence,
AC Advertising Group Pty Ltd may remove or disable access to any or all your Contributions
if it considers that:
1.
those Contributions are in breach of any
law or regulation;
2.
those Contributions infringe the intellectual
property rights of any third party;
3.
it is required to do so by a regulatory body
or any relevant authority pursuant to an interim or final take-down notice;
4.
those Contributions are:
a.
misleading or deceptive;
b.
inappropriate having regard to the purpose of the
website;
c.
likely to cause offence;
d.
materially incorrect;
e.
obscene;
f.
defamatory;
g.
otherwise unlawful; or
h.
corrupted, due to the presence of a virus or other
disabling code.
You retain all of your ownership rights in your Contributions. AC
Advertising Group Pty Ltd is under no obligation to treat your Contributions as
proprietary information.
To the extent that any Contributions are proprietary in nature, you
grant:
1.
AC Advertising Group Pty Ltd, in respect
of Contributions to its websites
a worldwide, nonexclusive, royalty-free, perpetual, transferable
and irrevocable licence to use, reproduce, modify, adapt, translate, distribute,
publish, create derivative works from and display and publicly perform your Contributions
throughout the world in any medium, whether currently in existence or not. You also
grant each user of the website a nonexclusive licence to use, reproduce, adapt,
translate, distribute, prepare derivative works of, display and perform your Contributions
as permitted by AC Advertising Group Pty Ltd and this Agreement.
You grant:
(i) AC Advertising Group Pty Ltd,
in respect of Contributions to its Websites
the right to use your name or the name you submit with the Contribution,
and, the right to represent and warrant that:
(a) you own and control all of the
rights to the Contributions; or
(b) you have the lawful right including
all necessary licences, rights, consents, and permissions to use and authorise AC
Advertising Group Pty Ltd to display the Contributions.
For any Contributions that you may retain moral rights in, you declare
that:
(c) you do not require that any personally
identifying information be used in connection with the Contribution, or any derivative
work, upgrade or update of the Contribution;
(d) you have no objection to the
publication, use, modification, deletion and exploitation of the Contribution by
AC Advertising Group Pty Ltd in respect of all Contributions;
(e) you waive and agree not to assert
any entitlement to any and all moral rights of an author in any Contribution; and
(f) you release AC Advertising Group
Pty Ltd in respect of all Contributions from any claims that you could assert against
AC Advertising Group Pty Ltd by virtue of any such moral rights.
You understand that when accessing the Website, you may be exposed
to Other User Contributions. You acknowledge and agree that AC Advertising Group
Pty Ltd does not have control of and is not responsible for Other User Contributions.
You release AC Advertising Group Pty Ltd from any claims that you could assert against
AC Advertising Group Pty Ltd relating to or in connection with Other User Contributions.
Third Party Content
Our Websites contain content provided to AC Advertising Group Pty
Ltd by other parties ("Third Party Content"). AC Advertising Group Pty
Ltd does not have a practice of monitoring or making inquiries about Third Party
Content. AC Advertising Group Pty Ltd is not responsible for, does not endorse and
makes no representations either expressly or impliedly concerning Third Party Content.
Third Party Content does not represent the views of AC Advertising Pty Ltd. You
rely on Third Party Content completely at your own risk.
User warranties
You represent and warrant that:
(a) the information you supply on
registration is accurate in all respects;
(b) if any of that information changes
you will promptly notify AC Advertising Group Pty Ltd in writing of the changes;
(c) your use of the website will
comply at all times with this Agreement and any directions published from time to
time by AC Advertising Group Pty Ltd on the Website;
(d) you will make sure that you keep
your username and password by which you access the website confidential and secure
at all times;
(e) you accept all liability for
any unauthorised use of any username and password issued except for unauthorised
use resulting from any negligent act or omission legally attributable to AC Advertising
Pty Ltd;
(f) you have the lawful right including
all necessary licences, rights, consents, and permissions to use and authorise AC
Advertising Pty Ltd to display your Contributions; and
(g) you will not make any Contributions
that:
(i) infringe
the intellectual property rights of any third party, and you agree to pay all royalties,
fees or other monies payable by reason of any Contributions made by you;
(ii) are
misleading or deceptive;
(iii) are
materially incorrect;
(iv) are
likely to cause offence;
(v) directly
or indirectly involve the advertising or marketing of any products or services;
(vi) are
obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are
defamatory;
(viii) are
otherwise unlawful or encourage unlawful conduct; or
(ix) are
otherwise inappropriate having regard to the purpose of the Website.
Indemnity
You agree to indemnify and hold AC Advertising Group Pty Ltd, AC
Advertising Group Pty Ltd’s subsidiaries and affiliates (and the officers, agents,
partners and employees of each of the forgoing) harmless against any and all loss, liability,
claim or demand (including reasonable attorneys’ fees arising out of, or in connection
with your use and access to the website or Contributions not in accordance with
these terms.
Policy for Linking to Our Websites
Hyperlinks enhance the user's experience by providing easy access
to additional information or original source material, whether on the same site
or from an external source. For this reason, we value the use of hyperlinks in our
content.
However, in using hyperlinks, we:
Attribute the original source of
the hyperlink where it points to third party content.
Do not claim ownership or rights
to content belonging to other parties.
We ask that you observe similar practices when linking to our content.
You should be aware that if you do not do this, this may be in breach of our rights
or the rights of our licensors or other third parties.
Please do:
Link to our content directly. We
encourage direct links.
Comply with all copyright, trade
mark or other applicable laws.
Use the title or headline of the
content to which you are linking, as long as you link directly to that content.
Please do not:
Attribute a link to AC Advertising
Group Pty Ltd content as being a link to your own or someone else's content
(for example, use your own logo to link to our content).
Attribute a link to our site and
then link somewhere else.
Frame our content in such a way as
to present it as your own or as belonging to anyone other than us or our licensors.
Link to our content as part of a
property portal aggregating property listings and/or information, unless we give
you specific written approval to link to our content.
We reserve the right to require that you do not link to our content
and we may exercise this right by giving notice to you. We reserve complete discretion
in relation to our exercise of this right, which may be due to the matters or circumstances
above, or any other matter or circumstance we consider is due reason.
Limitation of liability
Certain rights and remedies may be available under the Trade Practices
Act 1974 or similar legislation of other States or Territories and may not be permitted
to be excluded, restricted or modified. Apart from those that cannot be excluded,
AC Advertising Group Pty Ltd exclude all conditions and warranties that may be implied
by law. To the extent permitted by law, our liability for breach of any implied
warranty or condition that cannot be excluded is restricted, at our option to: the
re-supply of services or payment of the cost of re-supply of services; or the replacement
or repair of goods or payment of the cost of replacement or repair.
In no event shall AC Advertising Group Pty Ltd be liable to you or
any third party for any indirect, consequential, exemplary, incidental, special
or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss
of customers, loss of capital, downtime costs, loss of profit, loss of or damage
to reputation, loss under or in relation to any other contract, loss of data, loss
of use of data, loss of anticipated savings or benefits suffered or incurred by
or awarded against you under or in any way connected with this agreement or the
websites. Notwithstanding anything to the contrary herein, the aggregate liability
of AC Advertising Group Pty Ltd and its related entities to you for any cause of
action whatsoever and regardless of the form of the action, will at all times be
limited to $100.00.
Jurisdiction
Your use of this web site and all of our legal notices will be governed
by and construed in accordance with the laws of Victoria, Australia and by using
our Internet sites you irrevocably and unconditionally submit to the jurisdiction
of the courts of that State.
Published May 2012