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This document sets out the terms and conditions under which Yourestate.com.au, ABN 89 263 054 598
("we", "us", "our" or "Yourestate") provide this Internet site
("the Site") and services ("the Service")
to you, where "you" are a user of the Site and the Service. You must read these terms and conditions
carefully before using the Site. By using the Site or any part of the Site or the Service, you agree
to be bound by these Terms and Conditions as well as our
Privacy Policy.
1. The Site
The Site is owned and operated by Yourestate. By using the Site you agree to these terms and conditions
and agree that you have read and understood this document.
These Terms and Conditions together with the Privacy Policy form the entire agreement between
Yourestate and you.
Yourestate may vary the Site, the Service or any information available on the Site, or any part of them;
modify or discontinue any part of the Site or any information on the Site without prior notice.
Yourestate may, without prior notice, deactivate all or part of the Site or Service to carry out system
maintenance, upgrading, testing or repairs.
Yourestate may amend these Terms and Conditions, the Privacy Policy and any other relevant agreements
at any time by publishing the amendments on the Site. The amendments will be deemed effective seven
calendar days after they have been communicated to you by being published on the Site. If you continue
to use the Site after this time you agree to be bound by the amended terms and conditions, Privacy Policy
and all related attachments.
The Site and Service are available to everybody who can form legally binding contracts under applicable
law. The Site and Service are not available to persons under 18 years of age unless you have specific
permission from a parent or legal guardian. In this case the parent or guardian must read and agree to
these terms and conditions.
You can register to use the Site and the Service or any parts of them. Registration is free. When you
have registered, you will be required to use your e-mail address and password for accessing the Site
and the Service.
You must not reveal your password to any other persons and must use your password in accordance with
these terms and conditions.
2. Your Information
"Your information" is any information you provide to Yourestate or its users while using the Site or
the Service.
Your information must not:
- be false, inaccurate or misleading;
- infringe any third party's copyright or other proprietary rights or rights of publicity or privacy;
- contain any viruses, worms, time bombs, cancel bots or other computer programming routines that may
damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system,
data or personal information.
You are prohibited from posting to or transmitting through the Site any unlawful, harmful, abusive,
defamatory, threatening, harassing, vulgar, profane, hateful, obscene, racially, ethnically or
otherwise objectionable information, including (but not limited to) any information which encourages
conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate
any applicable state, federal or international law.
You must:
- if you are advertising a property / properties for rent, lease or share accommodation, only advertise property / accommodation that is currently available
- if you are advertising a property / properties for rent, lease or share accommodation, mark your property listing as "RENTED" within 72 hours of the property / accommodation no longer being available
- if you are advertising a property / properties for sale, mark your property listing as "SOLD" within 72 hours of the sale
- if you are advertising any property / accommodation, mark your listing as "WITHDRAWN" if you no longer wish to advertise it for sale, rent or as share accommodation and it has not been sold or rented out
Yourestate does not control, endorse or approve any information provided by other users which is made
available through the Site and the Service.
You are responsible for all charges associated with connecting to the Site and Service through an
available access number and responsible for all telephone access lines, telephone and computer
equipment, or other access devices, necessary to access the Site and Service.
Yourestate reserves the right to remove any information you save or upload to the Site without prior
notice, including (but not limited to) database records, documents and image files. You agree that
Yourestate may monitor the Site and may take any action with respect to your information under these
terms and conditions.
3. Copyright
The subject matter on and accessible from the Site including (but not limited to) information, files,
images and data is copyright under Australian copyright laws.
You acknowledge that all content on the Site: information, files, data, software, photographs,
illustrations, video, graphics, text and other materials ("the Content") are protected by copyright
or other intellectual property rights.
Yourestate grants users permission to download and display its copyright information and any
content materials only for private purposes. Permission must be sought directly from Yourestate
for reproduction or use of any information and content materials on the Site beyond such uses.
You must:
- not yourself, or participate in or permit other person sell, distribute or modify or otherwise
use any of the Content, in whole or in part, for any purpose without prior written permission
from Yourestate;
- not infringe the intellectual property rights of any person using the Site and the Service.
4. Links
You must not establish links on any other site to Yourestate or any other parts of the Site without
the prior written permission from Yourestate.
Yourestate has not reviewed the sites linked to the Site and are not responsible for the Content or
accuracy of any pages or any other sites linked to the Site. You must determine whether any page is
part of the Site when you follow a link to that page.
Your correspondence or dealing with advertisers on the Site are solely between you and such advertisers.
Yourestate will not be responsible for any loss or damage of any sort incurred as the result of any
such dealings or as the result of presence of advertisements on the Site.
5. Privacy
Yourestate's Privacy Policy
sets out the type of personal information about you which we may collect and use.
6. Disclaimer of Warranty
You acknowledge that:
- Yourestate is an information provider and is not a real estate agency. The information and materials
contained in the Site is general and may not apply to your circumstances. This information should not
be used as a substitute for professional legal, financial or real estate advice;
- Yourestate excludes all warranty in relation to the Content and any other information available from
the Site and the Service and disclaims all liability arising out of or consequent to any use of or access
by you of the Content or any other information available from, or through the Site and Service; any
computer virus which occurs as a result of accessing the Site or Content or other information from
the Site;
- Yourestate excludes warranty of any kind, either express or implied, including without limitation any
warranty for information, services, uninterrupted access, or products provided through or in connection
with the Service;
- Yourestate disclaims any and all warranty, including without limitation any warranty concerning the
availability, accuracy or content of information, products or services, and any warranty of title or
warranty of merchantability or fitness for a particular purpose;
- you use the Site and the Service at your own risk.
7. Liability
Yourestate is not liable to you or any other persons for any losses, damages, costs, expenses or
liability directly or indirectly suffered by you as a result of your accessing, use or misuse of
the Site and Service, or by your reliance on any Content or any other information available from
or through the Site and Service.
You agree that Yourestate is not liable for the defamatory or illegal conduct of other users or
third parties. Yourestate and any of its partners, agents, providers or affiliates shall not be
liable for any damages arising out of use of the Site and Service.
8. Indemnity
You will indemnify and keep indemnified Yourestate and its subsidiaries, officers, agents,
employees and affiliates from and against any loss (including legal costs and expenses) or
liability incurred by Yourestate arising from any claim, demand, suit, action or proceeding
against Yourestate where such loss or liability arose out of:
- your reliance on the Site, the Content or any other information on the Site;
- breach of any terms and conditions of this agreement by you or your employees, agents or
representatives;
- any actions or claims brought by third parties which relate to all or any part of the
Content.
9. Legal Compliance
You must comply with all applicable laws, statutes, ordinances and regulations in relation to
your use of the Site and Service. You must comply with all clauses of this agreement and the
privacy policy.
10. Breach
Yourestate may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide the Service to you if:
- you breach these Terms and Conditions or the Privacy Policy;
- we are unable to verify or authenticate any information you provide to Yourestate;
- we believe that your actions may cause legal liability for you, our users or us.
11. General
These terms and conditions are governed by the laws of the State of Victoria, Australia. All users
of the Site and Service irrevocably submit to the non-exclusive jurisdiction of the courts of
Victoria, Australia. If any part of this agreement is held to be invalid or unenforceable, such
part must be given effect to the greatest extent possible and the remainder shall remain in full
force and effect.
This Terms and Conditions set forth the entire understanding and agreement between you and us with
respect to the subject matter of these Terms and Conditions.
If you have any questions or concerns regarding this web site, contact Yourestate.com.au via
e-mail or by post:
P.O. Box 242 Bentleigh 3204 Victoria, Australia
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