1. General
1.1 These Terms and Conditions (“Terms”) apply to the use of this Website by any customer, which term is subsequently defined herein.
1.2 Any person logging in to or using this Website is deemed to be a customer.
2. Definitions and interpretation
2.1 In these Terms unless the contrary intention appears:
(a) a reference to these Terms means these Terms and Conditions and includes any variation or replacement of them;
(b) a reference to a statute or other law includes regulations and other instruments under it and any consolidations, amendments, re-enactments or replacements of it;
(c) the singular includes the plural number and vice versa;
(d) a reference to a gender includes a reference to each gender;
(e) the word “person” includes a firm, corporation, body corporate, unincorporated association or a governmental authority;
(f) a reference to a person includes a reference to the person’s legal personal representatives, successors, liquidators, trustees in bankruptcy and the like, and permitted assigns;
(g) an agreement on the part of, or in favour of, two or more persons binds or is for the benefit of them or any one or more of them together and separately;
(h) a reference to a party means a person who is named as a party to, and is bound to observe the provisions of, this document;
(i) “includes” means includes but without limitation;
(j) where a word or a phrase is given a defined meaning in this agreement, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning;
(k) a reference to an act includes an omission and a reference to doing an act includes executing a document;
(l) “Related Body Corporate” has the meaning in section 50 of the Corporations Act 2001 (Cth);
(m) headings are for reference only. They do not affect the meaning or interpretation of this document; and
(n) any schedule attached to this document forms part of it;
(o) “customer” means any person logging in to and/or using this Website, whether as an advertiser or a person browsing and searching advertisements;
(p) “advertiser” means any person advertising any service or any product on this Website;
(q) “Website” means the Website known as commercialrealestateaustralia.com.au and all materials accessible at that Website.
3. Acceptance of terms by customer
3.1 A customer is deemed to have accepted these Terms and Conditions of use upon:
(a) logging in to the Website; or
(b) opening any user account in relation to the Website.
4. Disclaimer
4.1 The owners of this Website do not accept any liability for any information contained herein.
4.2 A customer’s use of this Website is at the customer’s own risk.
4.3 The owners of this Website make no warranties as to the accuracy or reliability of any information appearing on this Website and customers should make all necessary enquiries and obtain, as appropriate, professional legal, financial or real estate advice, specific to their own circumstances, in relation to any information contained on this Website.
4.4 The owners of this Website will not be liable in any way, including any claim for negligence, for any loss, damage, cost or expense suffered by any customer arising out of the use of:
(a) the Website;
(b) services and products advertised or referred to on this Website;
(c) any failure to host or maintain the Website without interruption.
4.5 The owners of this Website do not accept any liability for losses suffered by a customer as a consequence of information posted by that customer on this Website and, in particular, do not accept liability in respect of any losses or damage occasioned to a customer or a customer’s equipment through the presence of computer viruses, malicious computer code or other forms of interference which may damage the customer’s computer system.
4.6 The owners of this Website do not accept responsibility for any direct, indirect, incidental, consequential loss or damage, cost, loss of data, loss of profit or economic losses howsoever arising out of a customer’s access to or use of this Website.
5. Indemnity given by customers
5.1 The customer indemnifies the owners of this Website, its employees, agents and related bodies corporate against all claims, howsoever arising, in relation to the customer’s use of this Website.
6. Obligations of customers who are also advertisers
6.1 Any customer wishing to advertise any property, product or other service on this Website must:
(a) complete all necessary pre-advertisement procedures nominated by this Website;
(b) as applicable, pay all advertising costs notified by this Website;
(c) ensure that any material posted by it on this Website is accurate including, without limitation, the availability and price of the service or product;
(d) ensure that any material posted on this Website does not contain any illegal or profane references or images;
(d) ensure that any material posted on this Website complies with any applicable Codes or Standards issued by any relevant industry and/or governmental body applicable to the advertisement;
(e) in the case of residential property, ensure compliance with the provisions of the Conveyancing Act in relation to vendor disclosure.
7. Advertising in relation to real property
7.1 Customers must ensure that real property listings are accurate, that the real property is available for lease or purchase, as the case may be, and that the written permission of the registered proprietor of the real property has been obtained prior to listing.
8. Linked Websites
8.1 The owners of this Website accept no responsibility in respect of any linked Websites, do not offer any recommendation or endorsement of any linked Website and make no warranties in respect of any information obtained on such linked Websites and have no liability in respect of any losses incurred as a consequence of a customer’s use of such linked Websites.
9. Security of information provided
9.1 The owners of this Website do not accept liability in respect of any information entered by a customer of this Website.
9.2 The owners of this Website put customers on notice that there is no known means of ensuring that data transmitted over the internet can be made totally secure and, notwithstanding that the owners of this Website will make reasonable efforts to ensure the security of any information transmitted by the customer to this Website, they are not liable for the interception or illicit or unlawful use of any such information.
9.3 The customer warrants that it will:
(a) take all necessary steps to preserve the confidentiality of its information, log in user details and password and accept the responsibility for all unauthorised use of the aforesaid identification and password.
10. Privacy
10.1 The owners of this Website collect personal information of customers as required for their use of this Website.
10.2 The owners of this Website agree to use all reasonable endeavours to maintain privacy of any information submitted by a customer.
10.3 The owners of this Website accept no responsibility for any disclosure of personal information supplied by a customer.
11. Advertising Costs
11.1 For an initial period following the launch of this website, we do not propose to charge for advertising of any property, product or other service.
11.2 Following that initial period, advertising costs will apply and must be prepaid as directed prior to the acceptance to the property listing or advertisement as the cause may be.