realcommercial.com.au Terms of Use

Legal Information

Please read this legal information carefully.

These terms of use, along with our Privacy Policy and 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 realestate.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.

REA Group Ltd and its related entities responsible for maintaining our Websites and all realestate.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 Group, and any Third Party Content (as defined below) on our Websites) and REA Group 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.

Definitions

Agreement means these terms of use, the REA privacy policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time.

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 the Website as permitted under this Agreement.

Other User Contributions means information including data, text, video, still images, audio or other material that REA has permitted users other than you to host, share, publish, post, store or upload on the Website.

REA means REA Group Limited and its subsidiaries.

Syndication Tools means the various syndication arrangements that REA may make available from time to time, which may include REA widgets, APIs, partner-site plug-ins and co-branded website arrangements.

Website means any website operated by REA and includes elements of REA operated websites published via the Syndication Tools.

Restrictions on use of Websites

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, REA Group Ltd grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of realestate.com.au copyright material beyond such use, written permission must be obtained directly from REA Group 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 REA. When you link to those websites you leave our web site 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.

Contributions

For the purposes of this section titled Contributions, “You” or “you” means the individual making Contributions to REA’s Websites (if applicable).

REA may (or may in the future) permit you to make Contributions to its Websites.

You retain sole responsibility and accept all liability for all Contributions you make to any REA Website. REA disclaims any and all liability in connection with Contributions. REA assumes no responsibility for monitoring any Contributions. REA does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. REA is under no obligation to treat your Contributions as confidential information.

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:

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:
   1. misleading or deceptive;
   2. inappropriate having regard to the purpose of the Website;
   3. likely to cause offence;
   4. materially incorrect;
   5. obscene;
   6. defamatory;
   7. otherwise unlawful; or
   8. corrupted, due to the presence of a virus or other disabling code.

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, 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 REA and this Agreement.

You grant REA, 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:

1. you own and control all of the rights to the Contributions; or
2. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise REA to display the Contributions.

For any Contributions that you may retain moral rights in, you declare that:

3. 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;
4. you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by REA in respect of all Contributions;
5. you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
6. you release REA in respect of all Contributions from any claims that you could assert against REA 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 REA has no control of and is not responsible for Other User Contributions. You release REA from any claims that you could assert against REA relating to or in connection with Other User Contributions.

Third Party Content

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.

User warranties

You represent and warrant that:

1. the information you supply on registration is accurate in all respects;
2. if any of that information changes you will promptly notify REA in writing of the changes (click here for contact information);
3. your use of the Website will comply at all times with this Agreement and any directions published from time to time by REA on the Website;
4. you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
5. 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 REA;
6. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise REA to display your Contributions; and
7. you will not make any Contributions that:
   1. 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;
   2. are misleading or deceptive;
   3. are materially incorrect;
   4. are likely to cause offence;
   5. directly or indirectly involve the advertising or marketing of any products or services;
   6. are obscene, including pornographic, hateful, racially or ethnically offensive material;
   7. are defamatory;
   8. are otherwise unlawful or encourage unlawful conduct; or
   9. are otherwise inappropriate having regard to the purpose of the Website.

Indemnity

You agree to indemnify and hold REA, REA’s subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) 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 REA 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, REA, excludes 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 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.

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 28 February 2011