Information on our websites and in any realcommercial.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.
realestate.com.au Pty Ltd (REA) is responsible for maintaining our websites and all realcommercial.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 REA, and any Third Party Content on our website) and REA 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.
In accessing or using our websites you agree that you will not:
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our websites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, REA grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of realcommercial.com.au copyright material beyond such use, written permission must be obtained directly from REA 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.
Our websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our 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 REA. When you link to those websites you leave our websites and do so entirely at your own risk. REA and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and REA 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 REA.
In this section ‘Contributions‘, means information including data, text, video, still images, audio or other material that REA has permitted you to host, share, publish, post, store or upload on our websites as permitted under these terms.
REA 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, REA may remove or disable access to any or all your Contributions if it considers that:
You retain all of your ownership rights in your Contributions. REA is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant REA 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 our websites a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by REA and these terms.
You grant REA, in respect of Contributions to its website, the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
For any Contributions that you may retain moral rights in, you declare that:
You understand that when accessing our websites, you may be exposed to the Contributions of other users of our websites. You acknowledge and agree that REA does have control of and is not responsible for these other Contributions. You release REA from any claims that you could assert against REA relating to or in connection with these other Contributions.
You represent and warrant that:
Our websites contain content provided to REA by other parties (Third Party Content). REA does not have a practice of monitoring or making inquiries about Third Party Content. REA 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 REA. You rely on Third Party Content completely at your own risk.
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
You represent and warrant that:
You agree to indemnify and hold REA and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to our websites or making Contributions not in accordance with these terms.
You may only link to content on our websites if we consent. If we do allow you to link to our websites, it is on condition that you do not:
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 reasonable.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) 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. 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 REA 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 REA GROUP 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.
© REA Group
Published August 2013